Judiciary : Composition, Role, Judicial Review and Judicial Activism.

Union Judiciary : The Supreme Court ; its role and powers

The Supreme Court is the highest court of The Indian Republic.  Judiciary, the third organ of the government, has an important role to play in the governance. It settles the disputes, interprets laws, protects fundamental rights and acts as guardian of the Constitution. India has a single unified and integrated judicial system and that the Supreme Court is the highest court in India.

The  promulgation  of  Regulating  Act  of  1773  by  the  King  of  England paved the way for establishment of the Supreme Court of Judicature at Calcutta. The Letters of Patent was issued  on 26 March  1774 to establish  the  Supreme Court  of  Judicature  at  Calcutta,  as  a  Court  of  Record,  with  full  power  & authority  to  hear  and  determine  all  complaints  for  any  crimes  and  also  to entertain, hear and determine any suits or actions against any of His Majesty’s subjects  in  Bengal,  Bihar  and  Orissa.  The  Supreme  Courts  at  Madras  and Bombay was established by King George – III on 26 December 1800 and on 8 December 1823 respectively.

Federal Court of India was established under the Government of India Act 1935. The Federal Court  had  jurisdiction  to  solve  disputes  between  provinces  and  federal  states and  hear  appeal  against  Judgements  from  High  Courts.

After  India  attained independence in 1947, the Constitution of India came into being on 26 January 1950. The Supreme Court of India also came into existence and its first sitting was held on 28 January 1950.

The Chief Justice and other judges of the Supreme Court are appointed by the President of India. While appointing the Chief Justice, the President is constitutionally required to consult such other judges of the Supreme Court as he deems proper, but outgoing Chief Justice is always consulted. Normally, the senior most judge of the Supreme Court is appointed as the Chief Justice of India, although there is no constitutional requirement to do so. While appointing other judges, the President is bound to consult the Chief Justice and other senior judges, if he deems proper.

The original Constitution of 1950 envisaged a Supreme Court with a Chief Justice and 7 puisne Judges – leaving it to Parliament to increase this number.

According to the Constitution of India, the role of the Supreme Court is that of a federal court, guardian of the Constitution and the highest court of appeal. Articles 124 to 147 of the Constitution of India lay down the composition and jurisdiction of the Supreme Court of India. Primarily, it is an appellate court which takes up appeals against judgments of the High Courts of the states and territories.

The Supreme Court is a Court of Record. It has two implications. All its decisions and judgments are cited as precedents in all courts of the country. They have the force of law and are binding on all lower Courts, and indeed the High Courts. As a Court of Record, the Supreme Court can even send a person to jail who may have committed contempt of the court.

As a Federal Court: Supreme Court is the Federal Court of India, India being a federation; powers are divided between the Union and State governments. The Supreme Court of India is the final authority to see to it that the division of powers as specified in the constitution is obeyed by both the Union and the State governments. So, Article 131 of the Indian Constitution vests the Supreme Court with original and exclusive jurisdiction to determine the justiciable disputes between the Union and the States or between the States.

Interpreter of the Constitution and Law: The responsibility of interpreting the constitution rests on the Supreme Court. The interpretation of the constitution which the Supreme Court shall make must be accepted by all. It interprets the constitution and preserves it. Where a case involves a substantial question of law as to the interpretation of the constitution either certified by the High Court or being satisfied by the Supreme Court itself, an appeal shall lie to the Supreme Court for interpretation of the question of law raised.

As a Court of Appeal: The Supreme Court is the highest court of appeal from all courts in the territory of India. Appeal lies to the Supreme Court of the cases involving interpretation of the constitution. Appeals in respect of civil and criminal cases also lie to the Supreme Court irrespective of any constitutional question.

Advisory Role: The Supreme Court has an advisory jurisdiction in offering its opinion an any question of law or fact of public importance as may be referred to it for consideration by the President.

Guardian of the Constitution: The Supreme Court of India is the guardian of the constitution. There are two points of significance of the Supreme Court’s rule as the protector and guardian of the constitution.

  • First, as the highest Federal Court, it is within the power and authority of the Supreme Court to settle any dispute regarding division of powers between the Union and the States.
  • Secondly, it is in the Supreme Court’s authority to safeguard the fundamental rights of the citizens.

In order to discharge these two functions it is sometimes necessary for the Supreme Court to examine or review the legality of the laws enacted by both the Union and the State Governments. This is known as the power of Judicial Review. Indian Supreme Court enjoys limited power of Judicial Review.

Writ Jurisdictions: Under Article 32 of the constitution of Supreme Court can issue Writs for the enforcement of fundamental rights. These writs are in the nature of Habeas Corpus, Mandamas, Prohibition, and Quo-warranto Certiorari.

Power of Judicial Review and Supreme Court: The power of the Judiciary to examine the validity of such law is called Judicial Review. The Supreme Court of India enjoys limited power of Judicial Review. Judicial Review empowers the courts to invalidate laws passed by the legislature. Supreme Court of India also enjoys the power of Judicial Review. If it occurs to the Supreme Court that any law enacted by Parliament or by a State Legislature curbs or threatens to curb the citizen’s fundamental rights, the Supreme Court may declare that law as unlawful or unconstitutional.

High Court: Organization, Powers and functions

The India High Courts Act 1861 was enacted to create High Courts for various provinces and abolished Supreme Courts at Calcutta, Madras and Bombay and also the Sadar Adalats in Presidency towns. These High Courts had the distinction of being the highest Courts for all cases till the creation of Federal Court of India, which was established under the Government of India Act 1935.

Art-214 of the constitution provides that, “There shall be a High Court for each state” Art-231 further provides that , “Parliament may by law establish a common High court for two or more states and a union territory.” At present for example there is a common High court for the states of punjab, Haryana and Union Territory of Chandigarh. Similarly. There is Common High court for Assam, Nagaland, Manipur, Meghalaya, Tripura and Mijoram.

A person shall not be qualified for appointment as a Judge of a High Court unless he is a citizen of India and—

(a) has for at least ten years held a judicial office in the territory of India; or

(b) has for at least ten years been an advocate of a High Court or of two or more such Courts in succession;

A High Court judge may be removed before he or she attains the age of 62 years, only on the ground of incapacity or proved misbehaviour. He or she may be removed if both the Houses of Parliament adopt a resolution by a majority of their total membership and by two thirds majority of members present and voting, separately in each House in the same session. Such a resolution is submitted to the President, who then can remove the concerned judge.

The jurisdiction of the High court can basically be divided into-

(a) Original Jurisdiction and  (b) Appellate Jurisdiction

(a) Original Jurisdiction:The original jurisdiction of the High Courts is very limited.

(i) Cases related to Fundamental rights.(Can even issue writs for legal rights)

(ii) Constitutional jurisdiction.

(iii) Power of judicial review

(iv) The cases related to matters such as will, divorce, contempt of court.

(v) Election disputes.

(b) Appellate Jurisdiction:When a High Court hears an appeal against the decision of a lower court, it is called Appellate Jurisdiction.The High Court can hear appeals against the decisions of the lower Courts in the following cases:

(i) Civil cases

(ii) Appeals in revenue cases against the decision of the revenue board.

(iii) In cases related to succession,insolvency, patent, Design etc.

2. appeal in criminal cases-

(i) If the session judge has awarded imprisionment for seven year or more.

(ii) where the session judge has awarded capital punishment.

3. Constitutional Cases– if the high court certify that perticular cases is fit for appeal before itself and involves a substantial question of law.

Administrative powers

  1. It supervises and superintends the working of all the courts subordinate to it.
  2. It makes rules and regulations for the court subordinate to it and cun change such law.
  3. It can transfer any case from one court to another court
  4. It can investigate or enquire in to the record or anotherconnected documentsof any court subordinate to it.

Subordinate Judiciary

Articles 233 to 237 in Part VI of the Constitution make the following provisions to regulate the organization of subordinate courts and to ensure their independence from the executive . Articles 233 to 237 in Part VI of the Constitution make the following provisions to regulate the organization of subordinate courts and to ensure their independence from the executive .

The framework  of the  current  legal  system has been  laid  down by the  Indian  Constitution  , which states for an integrated and uniform judiciary system and  the judicial  system  derives  its  powers  from  it.  There  are  various  levels  of  judiciary  in  India— different  types  of  courts,  each  with  varying  powers  depending  on  the  tier  and  jurisdiction bestowed upon them. They form a hierarchy of importance, in line with the order of courts in which they sit, with the Supreme Court of India at the top, followed by High Courts of respective states with District Judges sitting in District Courts and Magistrates of Second Class and Civil Judge (Junior Division) at the bottom.

Type of cases

  • Civil cases pertain to disputes between two or more persons regarding property, breach of agreement or contract, divorce or landlord – tenant disputes. Civil Courts settle these disputes. They do not award any punishment as violation of law is not involved in civil cases.
  • Criminal cases relate to violation of laws. These cases involve theft, dacoity, rape, pickpocketing, physical assault, murder, etc. These cases are filed in the lower court by the police, on behalf of the state, againt the accused. In such cases the accused, if found guilty, is awarded punishment like fine, imprisonment or even death sentence.
  • Revenue cases relate to land revenue on agriculture land in the district.

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The District Courts of India are presided over by a judge. They administer justice in India at a district level. These courts are under administrative and judicial control of the High Court of the State to which the district concerned belongs.

       The highest court in each district is that of the District and Sessions Judge. This is the principal court of civil jurisdiction. This is also a court of Sessions. Sessions-triable cases are tried by the Sessions Court. It has the power to impose any sentence including capital punishment.

       There are many other courts subordinate to the court of District and Sessions Judge. There is a three tier system of courts. On the civil side, at the lowest level is the court of Civil Judge (Junior Division). On criminal side the lowest court is that of the Judicial Magistrate. Civil Judge (Junior Division) decides civil cases of small pecuniary stake. Judicial Magistrates decide criminal cases which are punishable with imprisonment of up to five years.

       At the middle of the hierarchy there is the Court of Civil Judge (Senior Division) on the civil side and the Court of the Chief Judicial Magistrate on the Criminal side. Civil Judge (senior division) can decide civil cases of any valuation. There are many additional courts of Additional Civil Judge (senior division).The Jurisdiction of these addition courts is the same as that of the principal court of Civil Judge (Senior Division). The Chief Judicial Magistrate can try cases which are punishable with imprisonment for a term up to seven years. Usually there are many additional courts of Additional Chief Judicial Magistrates. At the top level there may be one or more courts of additional district and sessions judge with the same judicial power as that of the District and Sessions judge.

The Judiciary plays a very important role as a protector of the constitutional values that the founding fathers have given us. They try to undo the harm that is being done by the legislature and the executive and also they try to provide every citizen what has been promised by the Constitution under the Directive Principles of State Policy. All this is possible thanks to the power of judicial review.

 

All this is not achieved in a day it took 50 long years for where we are right now, if one thinks that it is has been a roller coaster ride without any hindrances they are wrong judiciary has been facing the brunt of many politicians, technocrats, academicians, lawyers etc. Few of them being genuine concerns, and among one of them is the aspect of corruption and power of criminal contempt. In this paper I would try to highlight the ups and downs of this greatest institution in India.

 

 

 

The rule of law is the bedrock of democracy, and the primary responsibility for implementation of the rule of law lies with the judiciary.1 This is now a basic feature of every constitution, which cannot be altered even by the exercise of new powers from parliament. It is the significance of judicial review, to ensure that democracy is inclusive and that there is accountability of everyone who wields or exercises public power. As Edmund Burke said: “all persons in positions of power ought to be strongly and lawfully impressed with an idea that “they act in trust,” and must account for their conduct to one great master, to those in whom the political sovereignty rests, the people”.2

 

 

 

India opted for parliamentary form of democracy, where every section is involved in policy-making, and decision taking, so that every point of view is reflected and there is a fair representation of every section of the people in every such body. In this kind of inclusive democracy, the judiciary has a very important role to play. That is the concept of accountability in any republican democracy, and this basic theme has to be remembered by everybody exercising public power, irrespective of the extra expressed expositions in the constitution.3

 

 

 

The principle of judicial review became an essential feature of written Constitutions of many countries. Seervai in his book Constitutional Law of India noted that the principle of judicial review is a familiar feature of the Constitutions of Canada, Australia and India, though the doctrine of Separation of Powers has no place in strict sense in Indian Constitution, but the functions of different organs of the Government have been sufficiently differentiated, so that one organ of the Government could not usurp the functions of another.4

 

The power of judicial review has in itself the concept of separation of powers an essential component of the rule of law, which is a basic feature of the Indian Constitution. Every State action has to be tested on the anvil of rule of law and that exercise is performed, when occasion arises by the reason of a doubt raised in that behalf, by the courts. The power of Judicial Review is incorporated in Articles 226 and 227 of the Constitution insofar as the High Courts are concerned. In regard to the Supreme Court Articles 32 and 136 of the Constitution, the judiciary in India has come to control by judicial review every aspect of governmental and public functions.5

 

 

 

Extent of Judicial Review in India:

 

The initial years of the Supreme Court of India saw the adoption of an approach characterised by caution and circumspection. Being steeped in the British tradition of limited judicial review, the Court generally adopted a pro-legislature stance. This is evident form the rulings such as A.K. Gopalan, but however it did not take long for judges to break their shackles and this led to a series of right to property cases in which the judiciary was loggerhead with the parliament. The nation witnessed a series of events where a decision of the Supreme Court was followed by a legislation nullifying its effect, followed by another decision reaffirming the earlier position, and so on. The struggle between the two wings of government continued on other issues such as the power of amending the Constitution.6 During this era, the Legislature sought to bring forth people-oriented socialist measures which when in conflict with fundamental rights were frustrated on the upholding of the fundamental rights of individuals by the Supreme Court. At the time, an effort was made to project the Supreme Court as being concerned only with the interests of propertied classes and being insensitive to the needs of the masses. Between 1950 and 1975, the Indian Supreme Court had held a mere one hundred Union and State laws, in whole or in part, to be unconstitutional.

 

After the period of emergency the judiciary was on the receiving end for having delivered a series of judgments which were perceived by many as being violative of the basic human rights of Indian citizens 7and changed the way it looked at the constitution. The Supreme Court said that any legislation is amenable to judicial review, be it momentous amendments8 to the Constitution or drawing up of schemes and bye-laws of municipal bodies which affect the life of a citizen9. Judicial review extends to every governmental or executive action – from high policy matters like the President’s power to issue a proclamation on failure of constitutional machinery in the States like in Bommai case, to the highly discretionary exercise of the prerogative of pardon like in Kehar Singh case  or the right to go abroad as in Satwant Singh case.Judicial review knows no bounds except the restraint of the judges themselves regarding justifiability of an issue in a particular case.

 

Judicial Review of Political Questions:

 

In the initial stages of the judicial adjudication Courts have said that where there is a political question involved it is not amenable to judicial review but slowly this changed, in Keshavananda Bharathi’s case,10 the Court held that, “it is difficult to see how the power of judicial review makes the judiciary supreme in any sense of the word. This power is of paramount importance in a federal constitution…. Judicial Review of constitutional amendments may seem involving the Court in political question, but it is the Court alone which can decide such an issue. The function of Interpretation of a Constitution being thus assigned to the judicial power the State, the question whether the subject of law is within the ambit of one or more powers of the legislature conferred by the constitution would always be a question of interpretation of the Constitution.”

 

Than it was in Special Courts Bill, 1978, In re, case where the majority opined that, “The policy of the Bill and the motive of the mover to ensure a speedy trial of persons holding high public or political office who are alleged to have committed certain crimes during the period of emergency may be political, but the question whether the bill or any provisions are constitutionally invalid is a not a question of a political nature and the court should not refrain from answering it.” What this meant was that though there are political questions involved the validity of any action or legislation can be challenged if it would violate the constitution. This position has been reiterated in many other cases11 and in S.R. Bommai’s case the Court held, “though subjective satisfaction of the President cannot be reviewed but the material on which satisfaction is based open to review…” the court further went on to say that, “The opinion which the President would form on the basis of Governor’s report or otherwise would be based on his political judgment and it is difficult to evolve judicially manageable norms for scrutinizing such political decisions. Therefore, by the very nature of things which would govern the decision-making under Article 356, it is difficult to hold that the decision of the president is justiciable. To do so would be entering the political thicker and questioning the political wisdom which the courts of law must avoid. The temptation to delve into the President’s satisfaction may be great but the courts would be well advised to resist the temptation for want of judicially manageable standards. Therefore, the Court cannot interdict the use of the constitutional power conferred on the President under Article 356 unless the same is shown to be male fide.”

 

As Soli Sorabjee points out, “there is genuine concern about misuse by the Centre of Article 356 on the pretext that the State Government is acting in defiance of the essential features of the Constitution. The real safeguard will be full judicial review extending to an inquiry into the truth and correctness of the basic facts relied upon in support of the action under Article 356 as indicated by Justices Sawant and Kuldip Singh. If in certain cases that entails evaluating the sufficiency of the material, so be it.”

 

What this meant was the judiciary was being cautious about the role it has to play while adjudicating matters of such importance and it is showing a path of restraint that has to be used while deciding such matters so that it does not usurp the powers given by the Constitution by way of the power of review at the same it is also minimizing the misusing of the power given under Article 356 to the President.

 

Judicial Review as a part of the Basic Structure:

 

In the celebrated case of Keshavanda Bharathi v. State of Kerela, the Supreme Court of India the propounded the basic structure doctrine according to which it said the legislature can amend the Constitution, but it should not change the basic structure of the Constitution, The Judges made no attempt to define the basic structure of the Constitution in clear terms. S.M. Sikri, C.J mentioned five basic features:

 

  1. Supremacy of the Constitution. 2. Republican and democratic form of Government. 3. Secular character of the Constitution. 4. Separation of powers between the legislature, the executive and the judiciary. 5. Federal character of the Constitution.

He observed that these basic features are easily discernible not only from the Preamble but also from the whole scheme of the Constitution. He added that the structure was built on the basic foundation of dignity and freedom of the individual which could not by any form of amendment be destroyed. It was also observed in that case that the above are only illustrative and not exhaustive of all the limitations on the power of amendment of the Constitution. The Constitutional bench in Indira Nehru Gandhi v. Raj Narain (1975 Supp SCC 1.) held that Judicial Review in election disputes was not a compulsion as it is not a part of basic structure. In S.P. Sampath Kumar v. Union of India((1987) 1 SCC 124 at 128.), P.N. Bhagwati, C.J., relying on Minerva Mills Ltd. ((1980) 3 SCC 625.) declared that it was well settled that judicial review was a basic and essential feature of the Constitution. If the power of judicial review was absolutely taken away, the Constitution would cease to be what it was. In Sampath Kumar the Court further declared that if a law made under Article 323-A(1) were to exclude the jurisdiction of the High Court under Articles 226 and 227 without setting up an effective alternative institutional mechanism or arrangement for judicial review, it would be violative of the basic structure and hence outside the constituent power of Parliament.

 

In Kihoto Hollohan v. Zachillhur (1992 Supp (2) SCC 651, 715, para 120) another Constitution Bench, while examining the validity of para 7 of the Tenth Schedule to the Constitution which excluded judicial review of the decision of the Speaker/Chairman on the question of disqualification of MLAs and MPs, observed that it was unnecessary to pronounce on the contention whether judicial review is a basic feature of the Constitution and para 7 of the Tenth Schedule violated such basic structure.

 

Subsequently, in L. Chandra Kumar v. Union of India ((1997) 3 SCC 261) a larger Bench of seven Judges unequivocally declared:

 

“that the power of judicial review over legislative action vested in the High Courts under Article 226 and in the Supreme Court under Article 32 of the Constitution is an integral and essential feature of the Constitution, constituting part of its basic structure”.

 

Though one does not deny that power to review is very important, at the same time one cannot also give an absolute power to review and by recognizing judicial review as a part of basic feature of the constitution Courts in India have given a different meaning to the theory of Check’s and Balances this also meant that it has buried the concept of separation of powers, where the judiciary will give itself an unfettered jurisdiction to review any thing every thing that is done by the legislature.

 

Expansion of Judicial Review through Judicial Activism:

 

After the draconian exposition of power by the Executive and the Legislature during Emergency the expectations of the public soared high and the demands on the courts to improve the administration by giving appropriate directions for ensuring compliance with statutory and constitutional prescriptions. Likewise the judiciary has taken an activist view the Beginning with the Ratlam Municipality case 12the sweep of Social Action Litigation13 had encompassed a variety of causes14.

 

With the interpretation given by it in Menaka Gandhi case the Supreme Court brought the ambit of constitutional provisions to enforce the human rights of citizens and sought to bring the Indian law in conformity with the global trends in human-rights-jurisprudence. This was made possible in India, because of the procedural innovations with a view to making itself more accessible to disadvantaged sections of society giving rise to the phenomenon of Social Action Litigation/Public Interest Litigation15. During the Eighties and the first half of the Nineties, the Court have broken there shackle’s and moved much ahead from being a mere legal institution, its decisions have tremendous social, political and economic ramifications. Time and again, it has sought to interpret constitutional provisions and the objectives sought to be achieved by it and directed the executive to comply with its orders.

 

SAL, a manifestation of judicial activism, has introduced a new dimension regarding judiciary’s involvement in public administration16. The sanctity of locus standi and the procedural complexities are totally side-tracked in the causes brought before the courts through SAL. In the beginning, the application of SAL was confined only to improving the lot of the disadvantaged sections of the society who by reason of their poverty and ignorance were not in a position to seek justice from the courts and, therefore, any member of the public was permitted to maintain an application for appropriate directions17.

 

The new role of the Supreme Court has been criticised in some quarters as being violative of the doctrine of separation of powers; it is claimed that the Apex Court has, by formulating policy and issuing directions in respect of various aspects of the country’s administration, transgressed into the domain of the executive and the legislature. As Justice Cardozo puts it, “A Constitution states or ought to state not rules for the passing hour but principles for an expanding future.”18 It is with this view that innovations in the rules of standing have come into existence.

 

Limitation on the power of review:

 

The expansion of the horizon of judicial review is seen both with reverence and suspicion; reverence in as much as the judicial review is a creative element of interpretation, which serves as an omnipresent and potentially omnipotent check on the legislative and executive branches of government. But at the same time there is a danger that they may trespass into the powers given to the legislature and the executive.

 

One many say that if there is any limitation on judicial review other than constitutional and procedural19 that is a product of judicial self-restraint. As justice Dwivedi empathically observed, “Structural socio-political value choices involve a complex and complicated political process. This court is hardly fitted for performing that function. In the absence of any explicit Constitutional norms and for want of complete evidence, the court’s structural value choices will be largely subjective. Our personal predilections will unavoidably enter into the scale and give colour to our judgment. Subjectivism is calculated to undermine legal certainty, an essential element of rule of law.”20

 

The above observations also reveal another assumption to support an attitude of self-restraint, viz., the element subjectiveness in judicial decision on issues having socio-political significance. When one looks at the decisions of the Supreme Court on certain questions of fundamental issues of constitutional law one can see that there is a sharp division among the judges of the apex court on such basic questions of power of the Parliament to amend the Constitution, federal relations, powers of the President etc. This aptly demonstrates the observation of the judge. This would mean that though there has been expansion of powers of judicial review one cannot also say that this cannot be overturned.

 

Judicial self-restrain in relation to legislative power manifests itself in the form the there is a presumption of constitutionality when the validity of the statute is challenged. In the words of Fazl Ali, “…the presumption is always in favour of the constitutionality of an enactment, and the burden is upon him who attacks it to show that there has been a clear transgression of the constitutional principles”21

 

In applying the presumption of constitutionality the Courts sometimes apply an interpretational device called ‘reading down’. The essence of the device is that “if certain provisions of law construed in one way would make them consistent with the constitution, and another interpretation would render them unconstitutional, the court would lean in favour of the former construction.”22 But all this depends on the outlook and values of the judge.23

 

When it come judicial review of administrative action though the presumption of validity is not so strong in the case of administrative action as in the case of statutes. Still, when the legislature expressly leaves a matter to the discretion of an administrative authority the courts have adopted an attitude of restraint. They have said we cannot the question the legality of the exercise of discretionary power unless and until it is an abuse of discretionary power (which includes mala fide exercise of power, exercising the power for an improper motive, decision based on irrelevant considerations or in disregard of relevant consideration, and in some cases unreasonable exercise of power) and non-exercise of discretion ( which come when power is exercised without proper delegation and when it is acted under dictation).

 

The relevant considerations which should make the judicial choice in favour of activism or restraint are the policy and scheme of the statute, the object of conferring discretionary powers, the nature and scope of the discretion, and finally, the nature of the right and interests affected by the decision. Any impulsive move to activism without a serious consideration of these factors may only be viewed as undesirable. Judicial activism, being an exception, not the general rule, in relation to the control of discretionary power, needs strong reasons to justify it. In the absence of such strong support of reasons the interventionist strategy may provoke the other branches of Government may retaliate and impose further limitations on the scope of judicial review.

 

Conclusion:

 

Accountability is an essential part of the rule of law. It is essential for another reason, as in the earlier editions of Dicey,24 of course modified in later editions, referring to John Wilkes’s case,25 that “conferment of any discretion tends to arbitrariness and therefore there is something inconsistent with the rule of law.” But then, as time passed, it was realized that conferment of some discretion for the purpose of application to the facts of a given case is something you cannot do away with. The area of discretion should be the minimum possible, and set norms, standards or guidelines should regulate it, so that it does not tend to become arbitrary. Therefore, the rule of non-arbitrariness is something to be tested by the judiciary whenever the occasion arises.26

 

The growth of judicial review is the inevitable response of the judiciary to ensure proper check on the exercise of public power. Growing awareness of the rights in the people; the trend of judicial scrutiny of every significant governmental action and the readiness even of the executive to seek judicial determination of debatable or controversial issues, at times, may be, to avoid its accountability for the decision, have all resulted in the increasing significance of the role of the judiciary. There is a general perception that the judiciary in this country has been active in expansion of the field of judicial review into non-traditional areas, which earlier were considered beyond judicial purview.

 

The Judges have a duty to perform, which is even more onerous to keep the judicial ship afloat on even keel. It must avoid making any ad hoc decision without the foundation of a juristic principle, particularly, when the decision appears to break new grounds. The judgments must be logical, precise, clear, and sober, rendered with restraint in speech avoiding saying more than that, which is necessary in the case.27

 

It must always be remembered that a step taken in a new direction is fraught with the danger of being a likely step in a wrong direction. In order to be a path-breaking trend it must be a sure step in the right direction. Any step satisfying these requirements and setting a new trend to achieve justice can alone be a New Dimension of Justice and a true contribution to the growth and development of law meant to achieve the ideal of justice.

An Introduction to Arunachal Pradesh Economy

An Introduction to Arunachal Pradesh Economy

Arunachal Pradesh – State profile

  • Covering an area of 83,743 sq km, Arunachal Pradesh is the largest state in the Northeast India.
  • The state is located in the extreme Northeastern corner of the country. It shares its border with the neighbouring countries of Bhutan in the West, China (Tibet) in the North and Northeast, Myanmar in the East and Southeast and the Indian states of Assam and Nagaland in the South.
  • Itanagar is the state capital. Arunachal Pradesh has 16 administrative districts.
  • Naharlagun, Tawang, Tezpur, Bomdila, Ziro, Pasighat and Tezu are the major towns in the state.
  • Brahmaputra is the major river flowing through the state. Other smaller rivers include Kameng, Subansiri, Lohit and Tirap.
  • The most commonly spoken languages are Assamese, Bengali and Hindi. English is the primary medium of education in the schools

Rich and varied agro-climatic conditions

  • Undulating topography and varied agro-climatic conditions offer vast potential for horticulture and growing a variety of fruits, vegetables, spices, aromatic and medicinal plants, flowers and mushroom.

Policy and fiscal incentives

  • The state offers a wide range of fiscal and policy incentives and assistance for businesses under the State Industrial Policy, 2008. Additionally, the state has sectorspecific policies for industries related to power and agriculture.

Facilitating industrial infrastructure

  • The state has 12 industrial estates, established across districts. To support industrial growth, the State Government has also notified integrated infrastructure development centres, industrial growth centres and industrial areas.

International trade opportunities

  • The geographic location of the state provides immense opportunities for international trade with the South Asian countries through its shared borders with Myanmar, Bhutan and China.

Key industries in Arunachal Pradesh

  • The resources, policy incentives and climate in the state support investments in mining and mineral products (including cement), tissue culture and floriculture, plantation crops (tea, rubber, etc.) and agro-based industries.
    • The North Eastern Development Finance Corporation Limited is engaged in catalysing the industrial growth of the Northeastern region (including Arunachal Pradesh) by providing counselling, timely advice and assistance for building quality enterprises.
    • The Department of Industries, Government of Arunachal Pradesh, is responsible for promoting industrial activities in the state to provide employment opportunities to the rural and urban people.
    • The Department of Industries has set up district industries centres (DICs) and sub-district industries centres (sub-DICs) for the industrial development of small scale, tiny and village industries.
  • Key industries in Arunachal Pradesh
  • Art and crafts
  • Weaving
  • Cane and bamboo
  • Carpet weaving
  • Wood carving
  • Ornaments
  • Tourism
  • Horticulture
  • Saw mills and plywood

Employment profile of Arunachal Pradesh

  • The primary sector employs around 67.4 per cent of the total workforce in Arunachal Pradesh, followed by tertiary sector (23.9 per cent) and secondary sector (8.7 per cent).
  • Around 94 per cent of the state‟s population lives in the rural belt. Thus, agriculture is the main occupation of the people of Arunachal Pradesh.
  • Of the total workforce, 60.4 per cent are cultivators with self-owned land and only 5.1 per cent of the workforce falls in the agricultural labourer category.

Cereals, oil seed and sugarcane are the key agricultural products

  • In 2009-2010, total production of cereal crops was 325,000 tonnes, compared to 306,500 tonnes in the previous year.
  • Major cereal crops of the state are rice, maize, millet, wheat and pulses (pea, kidney-bean and black-gram).
  • Non-cereal crops include ginger, oil seed and sugarcane, apart from vegetables.

Road network

  • Arunachal Pradesh has a road density of 17.36 km per 100 sq km.
  • Six National Highways run through Arunachal Pradesh, connecting the state with the rest of India as well as the international borders with China (Tibet), Myanmar and Bhutan.

Airports and railways

  • In December 1995, the State Government introduced passenger flight services by nine-seat Dauphin helicopters to overcome the constraints posed by the hilly terrain.
  • Later a 23-seat MI-172 type helicopter had been added to the fleet, primarily to operate between Guwahati in Assam and Tawang in Arunachal Pradesh.
  • The service also connects 29 major towns including Naharlagun, Tawang, Ziro, Pasighat, Bomdila, Seppa, Daporijo, Along, Yingkiong, Roing and Tezu.
  • A greenfield airport has been proposed near Itanagar, for which environmental clearance has been received in April 2010. Ministry of Civil Aviation has also planned to operationalise airports at Daporijo and Tezu.
  • The nearest railway station is located at Harmoti in Assam, 23 km from Naharlagun and 33 km from Itanagar.

Industrial infrastructure

  • Arunachal Pradesh has 12 industrial estates located in different districts and spread over total area of 55.6 hectare. These industrial estates have been developed in land-areas ranging from 4,540 to 202,325 square metre, with the primary objective of growth and development of small scale industries.
  • In addition, the State Government has also notified integrated infrastructure development centres, industrial growth centres and industrial areas to support industrial growth.
  • The State Government has set up district industries centres (DICs) in all 16 districts. These DICs play a vital role in the industrial development by providing services to the entrepreneurs viz., identification of suitable schemes, preparation of project report, arrangement for providing required plant, machinery and raw-material, assistance in availing incentives and facilities provided by both central and state governments, liaison with all development departments and financial institutions to provide assistance to the prospective entrepreneurs.
  • Based on availability of resources, the State has identified thrust areas for industrial development:
  • Industries based on agricultural, horticultural and plantation produce.
  • Industries based on non-timber forest produce such as bamboo, cane (rattan), medicinal plants/herbs, aromatic grass, tea and coffee.
  • Industries based on locally available raw-materials except timber.
  • Textiles (handlooms and power-looms), handicrafts and sericulture.
  • Electronics and IT-based enterprises.
  • Mineral-based industries (such as ferro-alloys, cement, etc.)
  • Facilitation and development of industrial infrastructure including power, communications, etc., under public private partnership
  • Food processing industries.
  • Engineering and allied industries (rolling mill, steel mill, etc.).

State Industrial Policy, 2008

  • Aim: To facilitate and promote the growth of industry, employment and investment in the state.

Key initiatives:

  • To create an investment-friendly environment in the state for industrial growth in the private, joint and cooperative sectors for sustainable economic development of Arunachal Pradesh.
  • To generate employment opportunities in the state.
  • To make Arunachal Pradesh a preferred destination for outside investors.
  • To encourage local entrepreneurs to set up enterprises based on locally available raw-materials.
  • To promote export-oriented industrial units.
  • To take steps to promote the handloom and handicrafts industry.
  • To promote local investors through joint ventures with outside investors.
  • To encourage industrial units producing high value products.
  • To ensure fast-track clearance of industrial proposals

Hydro Power Policy – 2008

Objectives:

  • To harness hydropower potential of the state in a manner that is consistent with the provision of the Electricity Act, 2003 and the National Electricity Policy and other policies formulated in the Act.
  • To develop hydropower projects in eco-friendly manner causing minimum distress to the affected people.
  • To accelerate the pace of hydropower development through participation of both the central public sector undertakings and private power developers, as also by formulating public private partnership.
  • To provide for creation of social and development infrastructure through hydropower development.
  • To ensure proper rehabilitation and resettlement of people affected by projects in order to improve their living standards.
  • To create job opportunities for local tribal people specially for those affected by the project

Small Hydro Power (SHP) Policy, 2007

Aim: To facilitate and promote the growth of small hydro power plants and, thereby, increase employment opportunities in the state.

Key initiatives:

  • Private participation in development of SHPs with targeted incentives.
  • Formulation and notification of an action plan for SHP generation. The action plan to provide programmes for capacity addition and determine the extent of involvement of various stakeholders of State Government or agencies in the field.

North East Industrial and Investment Promotion Policy (NEIIPP), 2007

Aim: To promote the Northeast region as an attractive investment region through concessions and incentives.

Key features:

  • Industries covered under this policy are eligible for incentives for a period of 10 years from the date of commencement of commercial production.
  • All new units as well as existing units that undergo substantial expansion (minimum 25 per cent increase in fixed capital) and start production before 2017 would qualify for incentives.
  • Incentives would be available for all existing industrial units and upcoming units anywhere in the Northeast.
  • A high-level monitoring committee or advisory committee would oversee the implementation of the NEIIPP.
  • NEIIPP would not be applicable to peripheral activities such as preservation while in storage, cleaning, packing, re-packing, labelling or re-labelling, sorting, etc.
  • North Eastern Development Finance Corporation Ltd (NeDFI) to act as the nodal agency for disbursal of subsidies.
  • NEIIPP, 2007, has replaced the North East Industrial Policy, 1997

Agriculture Policy, 2001

Aim: To achieve higher economic growth and create job opportunities for the rural unemployed through agriculture and allied sectors.

Key initiatives:

  • Top priority to be accorded on increasing farmers‟ income.
  • Addressing problems related to shifting (jhum) cultivation.
  • Location-specific strategy development – area specific and differentiated strategy.
  • Convergence of allied activities by making a shift from a commodity approach to a system approach in agriculture.
  • Technology transfer.
  • Supply of inputs such as seed, fertiliser, pesticides, agri-tools and implements and credit to farmers at reasonable rates.
  • Facilitating private investment in agriculture, especially for establishing agro-based industries.
  • People‟s participation through formation of “self-help groups” and village committees at several levels.
  • Research and technology package for location-specific agricultural research based on identified agro-climatic zone.
  • Marketing infrastructure and techniques, especially for preservation, storage and transportation.
  • Priority on setting up agro-processing units in key production areas.
  • Market intervention scheme involving procurement by a notified agency to assure remunerative prices to farmers

Mineral-based industry

  • Arunachal Pradesh has considerable mineral reserves, which offers immense potential.
  • The state has reserves of coal at Bhalukpong; graphite at Tahila, Bopi and Khetabari; limestone at Hunli, Tidding, Menga and Pagin; marble at Hunli, Tezu, Pyuli and Dora; dolomite at Kaspi and Rupa; and lead and zinc at Shergaon.
  • These minerals are useful in the gasified form or in cooking, fertiliser plants, refractory units and calcium carbide manufacturing units.
  • The state‟s mining activities are managed by the Arunachal Pradesh Mineral Development and Trading Corporation Limited (APMDTCL ).
  • Parsuram Cements, a subsidiary of APMDTCL, is one of the oldest resource-based companies, based out of Lohit.

Agriculture and forest-based industries

  • Major agro- and forest-based industries in the state relate to tea, fruit, timber and plywood industries.
  • Non-timber based industries include bamboo, cane and medicinal plants.
  • The industry is characterised by many regional players; several units have been set up by Arunachal Pradesh Forest Corporation (APFC), a government organisation.
  • APFC has taken up a project on capacity building for production of bamboo-based industrial intermediates at Poma village near Itanagar.
  • The State Industrial Policy, 2008 of Arunachal Pradesh lists agriculture and non-timber forest produce-based industries as thrust sectors.

Textile

  • Textile is a grass-roots industry in Arunachal Pradesh and provides employment to mainly, women. Most of the units are home-based and have small scale of operations.
  • Carpet making is one of the important occupations in the districts of Tawang, West Kameng, Changlang and Upper Siang. The state‟s carpets have received national and international repute owing to their quality.
  • The carpet weaving industry is promoted through the Government Craft Centre.
  • The state has unique and appealing handloom designs from each of its tribes. The products include skirt (gale), shirt (galuk), cotton shawl, side bag and curtain cloth.

Key nodal agencies in Arunachal Pradesh

Department of Industries

  • The Department of Industries is the main executive and regulatory agency, functioning under the State Government. It oversees and monitors the over all industrial development activities in the state.
  • The department is engaged in various activities such as:
  • Registration of industries regulation and development of industries.
  • Providing finance to small scale and other industries.
  • Distribution of scarce and indigenous raw-materials to different industrial units.
  • Other industrial development related activities.

Arunachal Pradesh Industrial Development and Financial CoAn Introduction to Arunachal Pradesh Economyrporation Limited (APIDFC)

  • APIDFC was incorporated under the Companies Act,1956, in August 1978, to promote and finance industries in Arunachal Pradesh.

Arunachal Pradesh Energy Development Agency (APEDA)

  • APEDA is the state designated agency (SDA) for implementation and enforcement of the Energy Conservation Act, 2001, in coordination with the Bureau of Energy Efficiency (BEE), Ministry of Power, Government of India.
  • APEDA is also the state nodal agency for projects connected with clean development mechanism (CDM)

Arunachal Pradesh Khadi and Village Industries Board (APKVIB)

  • APKVIB was constituted by the Government of Arunachal Pradesh in 1989, with the mission to create employment opportunities in the non-farm sector in the rural areas, to promote saleable articles and support rural development to improve quality of life.
  • The industries under its purview include khadi (silk, cotton, woollen), minerals, forest- and agro-based industries, polymer and chemical, engineering and non-conventional energy, textile industry and service sectors.

North Eastern Development Finance Corporation Limited (NeDFI)

  • NeDFI was promoted by Industrial Development Bank of India (IDBI), Small Industries Development Bank of India (SIDBI), Industrial Finance Corporation of India (IFCI), Industrial Credit and Infrastructure Corporation of India (ICICI), Unit Trust of India (UTI), Life Insurance Corporation of India (LIC), General Insurance Corporation of India (GIC) and its subsidiaries and State Bank of India (SBI).
  • Incorporated in August 1995, NeDFI has its headquarter in Guwahati, Assam.
  • NeDFI provides facilities such as project and equipment finance, working capital finance, schemes for development of entrepreneurial skill and market development for products from the Northeast.

Power

  • Arunachal Pradesh had a total installed power capacity of 201.9 MW, under the state and central sector. While 83.3 MW of installed capacity was under state sector, 118.6 MW was under central sector.
    • Hydro power is the major source of electricity generation in the state, contributing around 97.6 MW, followed by 67.4 MW of renewable energy resources and 36.9 MW of thermal power.
    • Arunachal Pradesh has been focusing on developing its huge hydro power potential. The state has set up the Department of Hydro Power Development to oversee, coordinate and monitor hydro power development.
    • The Government of Arunachal Pradesh has signed a memorandum of understanding (MoU) with central sector power generators and integrated power developers (IPD) for the development of 135 hydroelectric power plants, with an aggregate capacity of 25,722 MW

 

Planning commission and national development council

Planning commission and national development council

Planning commission

The Planning Commission was an institution in the Government of India, which formulated India’s Five-Year Plans, among other functions.

Background

Rudimentary economic planning, deriving from the sovereign authority of the state, was first initiated in India in 1938 by Congress President and Indian National Army supreme leader Netaji Subhash Chandra Bose, who had been persuaded by Meghnad Saha to set up a National Planning Committee. M. Visvesvaraya had been elected head of the Planning Committee. Meghnad Saha approached the great engineer and requested him to step down. He argued that planning needed a reciprocity between science and politics. M. Visvesvaraya generously agreed and Jawaharlal Nehru was made head of the National Planning Committee.The so-called “British Raj” also formally established a planning board that functioned from 1944 to 1946. Industrialists and economists independently formulated at least three development plans in 2012. Some scholars have argued that the introduction of planning as an instrument was intended to transcend the ideological divisions between Mahatma Gandhi and Nehru. Other scholars have argued that the Planning Commission, as a central agency in the context of plural democracy in India, needs to carry out more functions than rudimentary economic planning.

After India achieved Independence, a formal model of planning was adopted, and accordingly the Planning Commission, reporting directly to the Prime Minister of India, was established on 15 March 1950, with Prime Minister Jawaharlal Nehru as the Chairman. Authority for creation of the Planning Commission was not derived from the Constitution of India or statute; it is an arm of the Central Government of India.

Composition of commission

The composition of the Commission underwent considerable changes since its initiation. With the Prime Minister as the ex officio Chairman, the committee had a nominated Deputy Chairman, with the rank of a full Cabinet Minister. Cabinet Ministers with certain important portfolios acted as ex officio members of the Commission, while the full-time members were experts in various fields like economics, industry, science and general administration.  Ex officio members of the Commission included the Finance Minister, Agriculture Minister, Home Minister, Health Minister, Chemicals and Fertilisers Minister, Information Technology Minister, Law Minister, Human Resource Development Minister and Minister of State for Planning.

The Commission worked through its various divisions, of which there were two kinds:

  • General Planning Divisions
  • Programme Administration Divisions

Functions

  • To make an assessment of the material, capital and human resources of the country, including technical personal, and investigate the possibilities of augmenting those are related resources which are found to be deficient in relation to the nation’s requirement.
  • To formulate a plan for the most effective and balanced utilisation of country’s resources.
  • To define the stages, on the basis of priority, in which the plan should be carried out and propose the allocation of resources for the due completion of each stage.
  • To indicate the factors that tend to retard economic development.
  • To determine the conditions which need to be established for the successful execution of the plan within the incumbent socio-political situation of the country.
  • To determine the nature of the machinery required for securing the successful implementation of each stage of the plan in all its aspects.
  • To appraise from time to time the progress achieved in the execution of each stage of the plan and also recommend the adjustments of policy and measures which are deemed important vis-a-vis a successful implementation of the plan.
  • To make necessary recommendations from time to time regarding those things which are deemed necessary for facilitating the execution of these functions. Such recommendations can be related to the prevailing economic conditions, current policies, measures or development programmes. They can even be given out in response to some specific problems referred to the commission by the central or the state governments.

In his first Independence Day speech in 2014, Prime Minister Narendra Modi announced his intention to dissolve the Planning Commission. It has since been replaced by a new institution named NITI Aayog.

National development council

The National Development Council (NDC) or the Rashtriya Vikas Parishad is the apex body for decision making and deliberations on development matters in India, presided over by the Prime Minister. It was set up on 6 August 1952 to strengthen and mobilize the effort and resources of the nation in support of the Plan, to promote common economic policies in all vital spheres, and to ensure the balanced and rapid development of all parts of the country. The Council comprises the Prime Minister, the Union Cabinet Ministers, Chief Ministers of all States or their substitutes, representatives of the Union Territories and the members of the NITI Aayog.  It is an extra-constitutional and non-statutory body.

Objectives

  • To secure cooperation of the states in the execution of the plan.
  • To strengthen and mobilize the effort and resources of the nation in support of the Plan.
  • To promote common economic policies in all vital spheres.
  • To ensure the balanced and rapid development of all parts of the country.

Functions

  • To prescribe guidelines for the formulation of the National Plan, including the assessment of resources for the Plan.
  • To consider the National Plan as formulated by the NITI Aayog.
  • To make an assessment of the resources that are required for implementing the Plan and to suggest measures for augmenting them.
  • To consider important questions of social and economic policy affecting national development; and to review the working of the Plan from time to time.
  • To recommend such measures as are necessary for achieving the aims and targets set out in the National Plan.
  • To recommend measures for achievement of the aims and targets set out in the national Plan.

Human Development in Arunachal Pradesh

Human Development in Arunachal Pradesh

The human development index (HDI) is basically a composite index based on three dimensions of human development—income, health and education. In conventional analysis a country is called rich or poor mainly on the basis of a single indicator—the per capita income. The HDI, on the other hand, puts equal emphasis on all the three dimensions of development. Thus, different indicators of development like per capita income, life expectancy, adult literacy and enrolment ratio are used to construct a single index—the human development index.

In terms of HDI the position of Arunachal Pradesh is dismal, ranking 14th among the 16 major states of India. At a disaggregated level, in Arunachal Pradesh, the district East Siang with an HDI of 0.660 ranks first among the 13 districts, followed by Dibang Valley with an HDI of 0.659. The district of Papum Pare in which the capital complex, Itanagar is situated ranks third with an HDI of 0.573. Further it has been observed that the hilly districts have a lower HDI compared to that of the plain districts.

The spatially uneven process of development in the State has created new challenges and constraints. Usually, the districts or areas bordering Assam, and within the district areas near the urban, administrative centres have better infrastructural facilities than the interiors.Human Development in Arunachal Pradesh

Arunachal Pradesh has been the home of a number of tribes and sub-tribes, and many of them have limited mobility beyond their well-defined local boundaries. Interregional disparities in the State, therefore, have an additional implication—as in many cases, it may reflect inter-tribal disparities to a certain extent.

Though the state has been relatively free from secessionist violence and insurgency, its development performance, particularly in terms of the human development indicators, has not been satisfactory.

Health of Human Development in Arunachal Pradesh

The right to lead a long, healthy and productive life is one of the fundamental prerequisite for human development. In fact, it is one of the essential indicators of peoples’ well-being and quality of life. Apart from the low levels of food and nutrition security, access to health care, education and income, critically conditions the survival and well-being of individuals.

Life Expectancy of Human Development in Arunachal Pradesh

The life expectancy at birth in Arunachal Pradesh is estimated to be 54.05 years, which is less than the national average of 63.30 years. Although, the health conditions in Arunachal Pradesh, by and large, have improved in the post-Independence decades, yet there are no reliable estimates of the changes in the health condition of people in the State.

Papum Pare is the district with the highest life expectancy at birth indicating the best of health status of the people among all the 15 districts of the State, followed by East Siang. At the other extreme is Kurung Kumey, which has a life expectancy of only 42.50 years.

Infant and Child Mortality of Human Development in Arunachal Pradesh

Infant mortality rate measures the health conditions in infancy and it is intricately enmeshed with the low economic conditions of the population. In general, a high IMR in a high fertility society is associated with illiteracy, low level of technology in production and poverty. As per the HDR survey, Arunachal Pradesh has a high IMR of 77.

The IMR in Arunachal Pradesh varies from 113 in Kurung Kumey to 53 in Lower Dibang Valley, the inter-district variation being quite large. In Arunachal Pradesh there are six districts with IMR higher than 90. There are five districts in Arunachal Pradesh with IMR higher than that of Orissa’, the state having the largest IMR.

Immunisation of Human Development in Arunachal Pradesh

The universal immunisation programme (UIP) was introduced by the Government of India in 1985-86 with the objective of covering at least 85 per cent of infants against six vaccine-preventable diseases by 1990. Subsequently, the programme was expanded to cover all the districts of the country and the target now is to achieve 100 per cent immunisation coverage. In spite of the programme being universal, a number of states in the country including Arunachal Pradesh have failed to really ‘universalise’ it.

Educational Attainments of Human Development in Arunachal Pradesh

Literacy Rates

The literacy rate for Arunachal Pradesh, according to 2001 census, is only 54.34 per cent, much lower than the national average of 64.80 per cent. Nevertheless, the State has made some progress in raising the literacy rate—from only 25.55 per cent in 1981 to 54.34 per cent in 2001. However, literacy rate in rural areas is as low as 47.8 per cent, and the rural-urban gap in literacy continues to be very high. Among the ST population literacy has gone up from 14.04 per cent in 1981 to 34.45 per cent in 1991 and further to 49.62 per cent in 2001. Adult literacy rate went up from 23.77 per cent in 1981 to 37.53 per cent in 1991, but in rural Arunachal Pradesh literacy was only 32.61 per cent, which was much below the other northeastern states.

Gender Gap in Literacy

The gender gap in literacy in Arunachal Pradesh as per 2001 census is 20.30 per cent points which is lower than the national average of 21.5 percentage points. The gap between male and female literacy rates in the State declined very slowly during 1981 to 2001. In rural areas, gender gap in literacy is sharper than that in urban areas. Although the gender gap in literacy has been narrowing down in the urban areas; it has remained at around 20 per cent points during the past two decades in rural areas—a fact that needs to be addressed in all future initiatives.

Enrolment

In Arunachal Pradesh, the educational infrastructure continues to be inadequate, but its expansion over the past three decades or so has been impressive. Children, as a result, have better access to schooling today in comparison with the past. Enrolment ratio in the age group 6-11 has gone up from 31.9 to 38.1 per cent, while in 11-14 age group it improved from 42.8 to 61.5 per cent during 1981 to 1991.

Dropout Rates

Improvements in enrolment, however, do not guarantee access to adequate levels of education. The dropout rates in relatively underdeveloped regions are very high. Dropout rates in classes I-V for children in Arunachal Pradesh have come down substantially from 73.9 per cent in 1981-82 to 46.85 per cent in 2004-05. It is still higher than the national average, but there seems to be very little improvement in reducing dropout rate at this stage in the past few years. The dropout rate at this stage had already reduced to 46.89 per cent in 1998-99.

 

Railway,Roades And Ports of India

Railway,Roades And Ports of India

Impact on The Indian economy

The Indian Railways contributes to India’s economic development, accounting for about one per cent of the GNP and the backbone of freight needs of the core sector. It accounts for six per cent of the total employment in the organised sector directly and an additional 2.5 per cent indirectly through its dependent organisations.

Road transport is the second important mode of transport in India. It covers every corner of the country which the railway transport even could not cover. Road transport provides the basic infrastructural facilities to both the agricultural and industrial sector of the country.

Some of the important socio- economic benefits of ports are:

 

  • Fuels economic development – They are important links of hinterlands to points overseas. They facilitate movement of goods to and from hinterland. They increase international trade ( both exports and import).

 

  • Development of cities – Most of the world’s major cities are port cities. Ports spur the economic activities around them like banking, finance, Insurance, logistic etc.

 

  • Increase in Employment  –Ports increase employment both directly and indirectly. Direct employment refers to employment in port related activities. Indirect employment increases due to increased industrialization and increase in other services like banking and insurance.

 

  • Relatively Environment friendly –When compared to other transportation systems, railway transportation requires twice as much energy consumption, while road transportation requires ten times as much as sea conveyance.

 

  • Increase world Economic Integration –Globalization has been partially successful due to cheap transportation facilitated by ports.

 

  • Development of Infrastructure – Increase the economic activity between hinterland and ports lead to development of infrastructure including railways, roads & inland waterways.

 

Indian Railway

Introduction

Indian Railways is one of the world’s largest railway network consists of freight, passengers, tourist, Suburban rail systems, toy train and luxury trains. IR has 4,337 operating railway stations,operates on a multi-gauge network of broad, metre and narrow gauges. Indian Railways is divided into 16 zones and Locomotives are consist of electric and diesel locomotives.

  1. Project Planning and Implementation
  2. Indian Railways entered the Billion Club in freight loading in 2012-13 by achieving 1,008 million tonnes of originating loading. The loading target fixed for 2014-15 is 1,105 million tonnes which is 4.9% higher than the achievement of 2013-14. The XIIth Plan projections of freight loading in the terminal year of the Plan (2016-17) are 1,405 million tonnes.
  3. Indian Railways carried 8,425.6 million passengers in 2013-14 which is about 1,430 million higher than the population of the world put together. The annual target for passenger traffic in 2014-15 is 8,645 million, which is 2.6% higher than in 2013-14. The XIIth Plan target is 11,710 million passengers in the terminal year of the Plan.

The Challenges

  1. As the growth in the economy picks up in the years to come, IR will have a challenging task ahead because of line and terminal capacity constraints in transporting the incremental traffic. Therefore, there is need for significant investment in the network, especially the HDN routes and its feeder and other important routes

 

2.There is a large shelf of pending projects which is estimated at Rs. 4,91,510 crore on the basis of originally estimated costs Of these, fund requirement for the prioritized works such as doubling, new lines, gauge conversion, traffic facilities, signal & telecom works, workshops and electrification is estimated at Rs 2,08,054 crore

Budget 2017

  1. A Rail safety fund with a corpus of Rs 100,000 crore will be created over a period of 5 years

    2. The service charge on rail tickets booked through IRCTC will be withdrawn.

    3. As many as 500 rail stations will be made differently abled-friendly by providing lifts and escalators.

    4. Steps will be taken to launch dedicated trains for pilgrimage and tourism

    5. A new metro rail policy will be announced+. This is expected to open up new jobs for the youth

    6. At least 25 train stations are expected to be awarded during 2017-18

    7. By 2019, all coaches of the Indian railwayswill be fitted with bio-toilets

 

  1. Railways will integrate end to end transport solutions for selected commodities through partnerships

 

  1. Unmanned railway level crossings to be eliminated by 2020

 

  1. A 22% rise in the Railway Budget was announced

 

Structure of IR’s finances:

 

The structure of IR’s finances is such that they are divided into revenue and capital expenditures.While revenue expenditure takes care of the day to day and operational working expenses, inclusive of debt servicing and dividend payment, capital expenditures take care of IR’s investments inclusive of repair and renewals. There are three streams that comprise capital expenditure; these are Gross Budgetary Support from the Ministry of Finance, internal generation of resources and leasing from IRFC.

Indian Roads

Introduction

 

India has the second largest road network across the world at 4.7 million km. This road network transports more than 60 per cent of all goods in the country and 85 per cent of India’s total passenger traffic. Road transportation has gradually increased over the years with the improvement in connectivity between cities, towns and villages in the country.

 

Key Investments/Developments

1.The National Highways and Infrastructure Development Corporation (NHIDCL) has been           awarded a contract to build five all-weather access tunnels worth Rs 23,000 crore (US$ 3.57 billion) in Jammu and Kashmir by 2024.

2.Abertis Infraestructuras SA, a Spanish infrastructure firm, has agreed to buy two toll road assets in operation in South India from Macquarie Group for Rs 1,000 crore(US$ 150 million) to scale up its presence in India

Ports of India

 

Introduction

 

The nine coastal Indian states Gujarat, Maharashtra, Goa, Karnataka, Kerala, Tamil Nadu, Andhra Pradesh, Orissa and  West Bengal are home to all major and minor ports of India. The long coastline of India forms one of the biggest piece of land into a body of water,These twelve major Indian Ports are handle a large volume of cargo traffic and container traffic. There are total 13 major sea ports of India,out of 12 are government and one, Ennore port of Chennai is the corporate one. Ennore Port is one of the major port of India located at Coromandel Coast of Tamil Nadu state along with Kakinada Port and private Krishnapatnam Port and Mundra Port

 

 

 

Key Policy Development

 

1:No approval required for foreign equity up to 51 per cent in projects providing supporting

services to water transport

 

2:Automatic approval of foreign equity up to 100 per cent in construction and maintenance of ports and harbours. However, the proposal needs to be referred to FIPB for investments exceeding Rs 15 billion.

 

3: Open tenders to be invited for private sector participation on build-operate-transfer (BOT) basis

 

4: Permission granted for formation of joint ventures between Major Ports and foreign ports, Major Ports and Non-Major Ports, and Major Ports and companies

 

Challenges:

  1. Geograhical: Heavy silting as seen in riverine ports like Haldia.
  2. Technological: Inadequate dredging capacities. Poor mechanization and manual handling of critical processes Eg in Paradip port
  3. Infrastructural: Congestion of roads connecting the port leading to time delays as seen in JLN port Underutilization of physical infrastructure of the ports Eg in Cochin port.
  4. Policy and regulatory issues: Currently the ports operate on “Trust Model” where government is the owner and operator of the port. Non-uniform tariff structure (TAMP) which makes some ports uncompetitive High turnaround time is as much as 3-4 days compared to average time of 6-7hrs in other developed ports because of cumbersome documentation and clearance.

 

 

Arunachal pradesh human development index

Arunachal pradesh human development index:-

Human development an integral part of economic development is fastly catching of various stakeholders around the world. It is also about people’s active engagement in shaping development, equity and sustainability, intrinsic aspects of freedom of people have to lead lives they have reason to value. Human development index is a tool devised by United Nations for ranking countries for measuring levels of social and economic development measuring life expectancy, education , literacy and standard of living.

The concept of human development emerged in the late 1980s based on the conceptual foundation provided by Dr. AmartyaSen and Dr. MahbubulHaq. The human development approach puts people at the centre of the development agenda, where economic growth and wealth are considered means to development, not an end by itself. Basically, human development is concerned with the advancing the richness of human life, rather than the richness of the economy in which human beings live. The starting point for the human development approach is the idea that the purpose of development is to improve human lives by not only enhancing income but also expanding the range of things that a person can be and can do, such as be healthy and well nourished, be knowledgeable, and to participate in community life. Seen from this viewpoint, development is about removing the obstacles to what a person can do in life, obstacles such as lack of income, illiteracy, ill health, lack of access to resources, or lack of civil and political freedoms.

There are scores of economic and social indicators which have been used to measure different aspects of socio-economic progress. The Human Development Index (HDI) is a composite index developed to measure the average achievement in basic dimensions of human development. These basic dimensions, as defined by UNDP3 are – a long and health life, knowledge and decent standard of living. While there exists a general consensus on these core dimensions, there could be slight variations in the choice of indicators depending upon the focus and also on availability of feasibility data.

State Profile:-

Till 1972, Arunachal Pradesh was known as the North-East Frontier Agency (NEFA). It gained the Union Territory status on January 20, 1972 and renamed as Arunachal Pradesh. On February 20, 1987, it became a full-fledged state. Its capital is located in Itanagar in the Papumpare district. Itanagar is named after Ita fort meaning fort of bricks, built in the 14th century AD.Arunachal pradesh human development index

Arunachal Pradesh constitutes 2.55 per cent of India’s total geographical area and 31.94 per cent of that of the Northeast. The State is divided into five river valleys: the Kameng, the Subansiri, the Siang, the Lohit and the Tirap. Part of the Eastern Himalayan ranges, Arunachal Pradesh is one of the most picturesque tourist destinations in India.

Human development trends in Arunachal Pradesh:-

  • The State of Arunachal Pradesh is significantly rich in mineral resources, oil and natural gas. The State is also rich in forest products such as bamboo, cane and timber. But in human development index state has been poor performance.
  • The per capita Gross Domestic Product (GSDP) in 2004-05 for the State stands at Rupees 21,919 and the Net State Domestic Product (NSDP) in 1999-2000 is Rupees 14338. Arunachal Pradesh ranks 29 th in the human resource development index and 30th in the poverty index in India, as per the Human Development Report 2001.
  • In 2001 the literacy rate of Arunachal was only 55 percent. Although there has been a remarkable growth of education and health facilities in the state, the performance of the state in the area of human development has come in for a great deal of criticism, as there are considerable interdistrict variations in the levels of services and performance.

Arunachal Pradesh as per Human development report 2005:-

·         The faculty of the Rajiv Gandhi University at Itanagar prepared the report, sponsored by the Planning Commission, for the Arunachal Pradesh government.

 

·         More than a quarter of the population of Arunachal Pradesh will not live beyond 40 years of age.

·         The report shows that 28 per cent of the people are not expected to survive beyond the age of 40, as compared to 16.7 per cent at the national level.

·         It points out that the hilly and steep terrain, inaccessibility and scattered habitations result in poor access to medical facilities and consequently to poor health status.

·         Not surprisingly, districts located at high altitudes or less accessible areas record more premature deaths. In KurungKumey, East Kameng and Dibang Valley (New), more than 40 per cent of the population are not expected to survive beyond the age of 40.

·         In contrast, the well-connected districts, particularly those in the plains, have substantially higher rates of life expectancy. For example, in Papum Pare, a district with good connectivity and access to healthcare facilities, only around 23 per cent of the people are not expected to live beyond 40 years of age.

·         The report noted with surprise that ‘in the cases of premature deaths, variables such as medical facilities or the distance of the village from the health centres, doctor-population ratio and hospital beds per 1,000 people, did not have any significant bearing on premature deaths’.

·         This suggests that the creation of medical facilities alone is not sufficient: awareness, willingness and road connectivity are the more important variables in improving the health status of the population.

·         It also revealed that there was a high degree of inter-district variation in life expectancy among the 15 of the total 16 districts of the state surveyed.

·         Though the people of Arunachal Pradesh strive to remain healthy by following appropriate diets and maintaining regulated lifestyles, their health status is not commendable when measured by conventional indicators, in absolute terms and in comparison with other states and regions.

·         The report said in the past few decades, the state has made significant progress in moving from an absence of hospitals, dispensaries and diagnostic facilities to a relatively wide network of healthcare facilities.

·         However, the increase in health coverage and services has been at a slower pace than the expansion of educational facilities and the growth of the economy.

·         Fortunately, Arunachal Pradesh is relatively free from the problem of discrimination against girl children that many other states in the country face. While the people of Arunachal do have some preference for sons, it is not as deep-rooted as in other regions.

·         This is partly responsible for the relatively better infant mortality rate here than in many other parts of the country. Arunachal Pradesh has an infant mortality rate of 77 per 1,000 live births. Among the 15 big states, Orissa has the highest such rate at 95.

 

 

 

 

BUDGETARY REFORMS    

Government bodies raise money by imposing taxes on citizens and then use those funds to pursue various programs such as education, defence, infrastructure and research and development. A government’s budget describes all of its sources of income and where it spends that income, and budget reform is the process of making changes to how the government collects and spends money.

Governments pursue budget reform for many reasons. If government spending is greater than the amount of money the government takes in with taxes, reform may be necessary to balance the budget and control government debt. Politicians may pursue changes in government spending or taxation to gain favor with their constituents.

Budget reform can have many potential benefits. Reforms can reduce wasteful expenditures and help lessen government deficit, potentially leading to surpluses. A surplus occurs when a government takes in more money than it spends. Budget reform can result in funding for new beneficial programs or increases in funding education, infrastructure or other areas to help certain individuals or organizations. Tax reforms can benefit individuals and businesses if they reduce their tax burden. Cutting taxes can stimulate spending, which can help stimulate economic activity.

Budget reform only describes changing the collection or spending of money, not whether spending or collection goes up or down. Any potential benefit to budget reform can also be a drawback if changes occur in an unfavourable direction. For instance, if the government reforms its budget by cutting spending on education and infrastructure, it could hurt students and those who rely on public infrastructure spending for their jobs. Increases in spending can make governments fall into debt.

Government spending and taxation is controversial, and any budget reform that a government pursues is likely to be viewed as beneficial by some and negatively by others. Budget reforms passed by Congress often reflect a compromise between desires of different political parties.

The parliamentary committee headed by the Congress MP M Veerappa Moily, had been constituted to review the all budgetary reforms. Besides the budget, the committee will also review the disinvestment policy, banking sector in India.

Budgetary Reform in India for 2017

The Union Cabinet had given in principle approval last year for advancement of the date of Budget presentation from the last day of February to a suitable date.

Besides in another reform relating to budgetary process, Union Cabinet had approved merger of Plan and Non Plan classification in Budget and Accounts.

Advancement of the date of Budget presentation Benefits Pave way for early completion of Budget cycle and enable Central Ministries and Departments to ensure better planning and execution of schemes from beginning of financial year. It will also enable Central Ministries and Departments to ensure better utilize the full working seasons including the first quarter of the year. It will preclude the need of appropriation through ‘Vote on Account’. It will enable implementation of legislative changes in tax and laws for new taxation measures from the beginning of financial year.

Merger of Plan and Non Plan classification in Budget and Accounts the Union Cabinet also approved proposal of Union Finance Ministry to do away with the Plan and Non-Plan expenditure classification from 2017-18and replace with ‘capital and receipt’. The relevance of plan and non-plan expenditure was lost after the abolition of the Planning Commission. However Budget will continue earmarking funds for Scheduled Castes Sub-Plan/Tribal Sub-Plan and similarly, the allocations for North Eastern States. Plan/Non-Plan will help in resolving the following issues This distinction of expenditure had led to a fragmented view of resource allocation to various schemes. It had made it difficult to ascertain cost of delivering a service and also to link outlays to outcomes. It had led to bias in favour of Plan expenditure by Centre as well as the State Governments and had neglected essential expenditures on maintenance of assets and other establishment related expenditures to provide essential social services. The merger is expected to provide appropriate budgetary framework that will have focus on the capital and revenue expenditure.

 

National and state SC/ST commission

National and state SC/ST commission

National SC commission

National Commission for Scheduled Castes (NCSC) is an Indian constitutional body established with a view to provide safeguards against the exploitation of Scheduled Castes to promote and protect their social, educational, economic and cultural interests, special provisions were made in the Constitution.

 

Functions

  • To investigate and monitor all matters relating to the safeguards provided for the Scheduled Castes under this Constitution or under any other law for the time being in force or under any order of the Government and to evaluate the working of such safeguards.
  • To inquire into specific complaints with respect to the deprivation of rights and safeguards of the Scheduled Castes.
  • To participate and advise on the planning process of socio-economic development of the Scheduled Castes and to evaluate the progress of their development under the Union and any State.
  • To present to the President, annually and at such other times as the Commission may deem fit, reports upon the working of those safeguards.
  • To make in such reports recommendations as to the measures that should be taken by the Union or any State for the effective implementation of those safeguards and other measures for the protection, welfare and socio-economic development of the Scheduled Castes.
  • To discharge such other functions in relation to the protection, welfare and development and advancement of the Scheduled Castes as the President may, subject to the provisions of any law made by Parliament, by rule specify.

 

 

National ST commission

The National Commission for Scheduled Tribes (NCST) was established by amending Article 338 and inserting a new Article 338A in the Constitution through the Constitution (89th Amendment) Act, 2003. By this amendment, the erstwhile National Commission for Scheduled Castes and Scheduled Tribes was replaced by two separate Commissions namely-

  • the National Commission for Scheduled Castes (NCSC),
  • (ii) the National Commission for Scheduled Tribes (NCST) w.e.f. 19 February, 2004.

Powers of the Commission

For Investigation and Inquiry, the Commission is vested with powers of a civil court having authority to:

  • Summon and enforce attendance of any person and examine on oath.
  • Discovery & production of any documents.
  • Receive evidence on affidavits.
  • Requisition any public record or copy thereof from any court or office.
  • Issue Commissions for examination of witnesses and documents.
  • And Any matter which President, by rule, may determine.

Functions of the Commission

  • To investigate & Monitor matters relating to Safeguards provided for STs under the Constitution or under other laws or under Govt. Order, to evaluate the working of such Safeguards.
  • To inquire into specific complaints relating to Rights & Safeguards of STs.
  • To participate and advise in the Planning Process relating to Socio-economic development of STs, and to evaluate the progress of their development under the Union and any State.
  • To submit report to the President annually and at such other times as the Commission may  deem  fit, upon/ working of Safeguards, Measures required for effective implementation of Programmers/ Schemes relating to Welfare and Socio-economic development of STs.
  • To discharge such other functions in relation to STs as the President may, subject to the provisions of any law made by Parliament, by rule specify.
  • The Commission would also discharge the following other functions in relation to the protection, welfare and development & advancement of the Scheduled Tribes, namely:
  • Measures that need to be taken over conferring ownership rights in respect of minor forest produce to the Scheduled Tribes living in forest areas.
  • Measures to be taken to safeguard rights to the Tribal Communities over mineral resources, water resources etc. as per law.
  • Measures to be taken for the development of tribals and to work for move viable livelihood strategies.
  • Measures to be taken to improve the efficacy of relief and rehabilitation measures for tribal groups displaced by development projects.
  • Measures to be taken to prevent alienation of tribal people from land and to effectively rehabilitate such people in whose case alienation has already taken place.
  • Measures to be taken to elicit maximum cooperation and involvement of Tribal Communities for protecting forests and undertaking social afforestation.

State level SC/ST commission

Different states has founded SC/ST commissions to address the issues related to both the casts.

Role of State level commission:

  • The study the existing state of various provisions in the Constitutions and by the State Government for the Scheduled Castes and Tribes and suggest measures to fulfill the same.
  • To investigate various grievances raised by members from Scheduled Castes and Tribes.
  • To participate in the process of creation of schemes related to the economic upliftment of Scheduled Castes and Tribes and provide advice to the State Government regarding the same.
  • To take a review of matters registered under the Scheduled Castes / Tribes Atrocities Act 1989 and Protection of Civil Rights Act 1955.
  • To take review of the financial assistance to be given to the affected persons under the above mentioned acts. To accept and investigate grievances of SC/ST employees related to service.
  • To take a review of policies related to Scheduled Castes / Tribes. To provide advice to the State Government for rolling out beneficial schemes for Scheduled Castes and Tribes.