India

Provisions of SC/ST Atricities act

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Provisions of SC/ST Atricities act,

The Scheduled Castes and Tribes (Prevention of Atrocities) Act, 1989 is an Act of the Parliament of India enacted to prevent atrocities against scheduled castes and scheduled tribes. The Act is popularly known as POA, the SC/ST Act, the Prevention of Atrocities Act, or simply the Atrocities Act.

Article 17 of Indian Constitution seeks to abolish ‘untouchability’ and to forbid all such practices. It is basically a “statement of principle” that needs to be made operational with the ostensible objective to remove humiliation and multifaceted harassments meted to the Dalits and to ensure their fundamental and socio-economic, political, and cultural rights.

Objectives of the act

The basic objective and purpose of this more comprehensive and more punitive piece of legislation was sharply enunciated when the Bill was introduced in the Lok Sabha:

“Despite various measures to improve the socio-economic conditions of the SCs and STs, they remain vulnerable… They have, in several brutal incidents, been deprived of their life and property… Because of the awareness created… through spread of education, etc., when they assert their rights and resist practices of untouchability against them or demand statutory minimum wages or refuse to do any bonded and forced labour, the vested interests try to cow them down and terrorise them. When the SCs and STs try to preserve their self-respect or honour of their women, they become irritants for the dominant and the mighty… Under the circumstances, the existing laws like the Protection of Civil Rights Act 1955 and the normal provisions of the Indian Penal Code have been found to be inadequate to check and deter crimes against them committed by non-SCs and non-STs… It is considered necessary that not only the term ‘atrocity’ should be defined, but also stringent measures should be introduced to provide for higher punishment for committing such atrocities. It is also proposed to enjoin on the States and Union Territories to take specific preventive and punitive measures to protect SCs and STs from being victimized and, where atrocities are committed, to provide adequate relief and assistance to rehabilitate them”.

The objectives of the Act, therefore, very clearly emphasise the intention of the Indian state to deliver justice to SC/ST communities through affirmative action in order to enable them to live in society with dignity and self-esteem and without fear, violence or suppression from the dominant castes.

The salient features of the Act are:

  • Creation of new types of offences not in the Indian Penal Code (IPC) or in the Protection of Civil Rights Act 1955 (PCRA).
  • Commission of offences only by specified persons (atrocities can be committed only by non-SCs and non-STs on members of the SC or ST communities. Crimes among SCs and STs or between STs and SCs do not come under the purview of this Act).
  • Defines various types of atrocities against SCs/STs.
  • Prescribes stringent punishment for such atrocities.
  • Enhanced punishment for some offences.
  • Enhanced minimum punishment for public servants.
  • Punishment for neglect of duties by a public servant.
  • Attachment and forfeiture of property.
  • Externment of potential offenders.
  • Creation of Special Courts.
  • Appointment of Special Public Prosecutors.
  • Empowers the government to impose collective fines
  • Cancellation of arms licences in the areas identified where an atrocity may take place or has taken place (Rule 3iii) and seize all illegal fire arms (Rule 3iv).
  • Grant arms licences to SCs and STs.

Defining ‘atrocity’

  • Atrocity is “an expression commonly used to refer to crimes against Scheduled Castes (SCs) and Scheduled Tribes (STs) in India”.
  • It “denotes the quality of being shockingly cruel and inhumane, whereas the term ‘crime’ relates to an act punishable by law”.
  • It implies “any offence under the Indian Penal Code (IPC) committed against SCs by non-SC persons, or against STs by non-ST persons. Caste consideration as a motive is not necessary to make such an offence in case of atrocity”.
  • It signifies “crimes which have ingredients of infliction of suffering in one form or the other that should be included for reporting”. This is based on the assumption that “where the victims of crime are members of Scheduled Castes and the offenders do not belong to Scheduled Castes caste considerations are really the root cause of the crime, even though caste considerations may not be the vivid and minimum motive for the crime”.

The Act lists 22 offences relating to various patterns of behaviours inflicting criminal offences for shattering the self-respect and esteem of SCs and STs, denial of economic, democratic and social rights, discrimination, exploitation and abuse of the legal process, etc.

Section 3 of the Act lists the criminal offences and the punishments. It contains:

  • 19 offences in their own right (Section 3(1) contains 15 subsections with an equal number of offences. Section 3(2) contains four subsections with offences).
  • two derived offences (sections 3(2)(vi) and 3(2)(vii)). The derived offences are based on the offences given in the SC/ST Act. They only come in the picture provided that another offence under the SC/ST Act has been committed.
  • one subsection that increases the punishment for certain offences under the IPC (Section 3(2)(v)).

These protections can be broadly divided into protection from:

  • social disabilities (denial of access to certain places and to use customary passage and to get water from any spring, reservoir or any other source).
  • personal atrocities (forceful drinking or eating of inedible or obnoxious substance, against stripping, outrage of modesty, sexual exploitation, injury or annoyance). atrocities affecting properties (land, residential premises, existing properties).
  • malicious prosecution.
  • political disabilities. economic exploitation

Directive Principles of State Policy

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An important feature of the constitution is the Directive Principles of State Policy. Although the Directive Principles are asserted to be “fundamental in the governance of the country,” they are not legally enforceable. Instead, they are guidelines for creating a social order characterized by social, economic, and political justice, liberty, equality, and fraternity as enunciated in the constitution’s preamble.

Article 37 of the Constitution declares that the DPSP “shall not be enforceable by any court, but the principles therein laid down are nevertheless fundamental in the governance of the country and it shall be the duty of the state to apply these principles in making laws.” It is not a mere coincidence that the apparent distinction that is drawn by scholars between the ICCPR rights and ESC rights holds good for the distinction that is drawn in the Indian context between fundamental rights and DPSP. Thus the bar to justiciability of the DPSP is spelled out in some sense in the Constitution itself.

The Directive Principles may be classified into 3 broad categories—

  1. Socialistic
  2. Gandhian and
  3. Liberal-intellectual.

(1) Socialistic Directives

Principal among this category of directives are (a) securing welfare of the people (Art. 38) (b) securing proper distribution of material resources of the community as to best sub serve the common-good, equal pay for equal work, protection of childhood and youth against exploitation. etc. (Art.39), (c) curing right to work, education etc. Art. (41), (d) securing just and humane conditions of work and maternity relief (Art. 42) etc.

(2) Gandhian Directives

Such directives are spread over several Arts. Principal among such directives are (a) to organize village panchayats (Art. 40), (b) to secure living wage, decent standard of life, and to promote cottage industries (Art.43), (c) to provide free and compulsory education to all children up to 14 years of age (Art. 45), (d) to promote economic and educational interests of the weaker sections of the people, particularly, the scheduled castes and scheduled tribes, (e) to enforce prohibition of intoxicating drinks and cow-slaughter and to organize agriculture and animal husbandry on scientific lines (Arts. 46-48).

(3) Liberal intellectual directives

Principal among such directives are (a) to secure uniform civil code throughout the country (Art.44), (b) to separate the judiciary from the executive (Art.50),  (c) to protect monuments of historic and national importance and  (d) to promote international peace and security.

Features, Amendments and Significant provisions of Indian Constitution

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Amendments

Amendments to the Constitution are made by the Parliament, the procedure for which is laid out in Article 368. An amendment bill must be passed by both the Houses of the Parliament by a two-thirds majority and voting. In addition to this, certain amendments which pertain to the federal nature of the Constitution must be ratified by a majority of state legislatures. As of June 2013 there have been 118 amendment bills presented in the Parliament, out of which 98 have been passed to become Amendment Acts.

Amendments of constitution
Amendment Enforced on Objectives
1. 1951 To fully secure the constitutional validity of zamindari abolition laws and to place reasonable restriction on freedom of speech. A new constitutional device, called Schedule 9 introduced to protect laws that are contrary to the Constitutionally guaranteed fundamental rights. These laws encroach upon property rights, freedom of speech and equality before law.
2. 1953 A technical amendment to fix the size of each parliamentary constituency between 650,000 and 850,000 voters.
3. 1955 LS limit of 500 members, one member of a constituency represents between 500000 and 750000 people.
4. 1955 Restrictions on property rights and inclusion of related bills in Schedule 9 of the constitution.
5. 1955 Provides for a consultation mechanism with concerned states in matters relating to the amendments to the territorial matters and in the re-naming of the state.
6. 1956 Amend the Union and State Lists with respect to raising of taxes.
7. 1956 Reorganization of states on linguistic lines, abolition of Class A, B, C, D states and introduction of Union Territories.
8. 1960 Clarify state’s power of compulsory acquisition and requisitioning of private property and include Zamindari abolition laws in Schedule 9 of the constitution.
9. 1960 Minor adjustments to territory of Indian Union consequent to agreement with Pakistan for settlement of disputes by demarcation of border villages, etc.
10. 1961 Incorporation of Dadra, Nagar and Haveli as a Union Territory, consequent to acquisition from Portugal.
11. 1961 Election of Vice President by Electoral College consisting of members of both Houses of Parliament, instead of election by a Joint Sitting of Parliament.
Indemnify the President and Vice President Election procedure from challenge on grounds of existence of any vacancies in the electoral college.
12. 1961 Incorporation of Goa, Daman and Diu as a Union Territory, consequent to acquisition from Portugal.
13. 1963 Formation of State of Nagaland, with special protection under Article 371A.
14. 1962 Incorporation of Pondicherry into the Union of India and creation of Legislative Assemblies for Himachal Pradesh, Tripura, Manipur and Goa.
15. 1963 Raise retirement age of judges from 60 to 62 and other minor amendments for rationalizing interpretation of rules regarding judges etc.,
16. 1963 Make it obligatory for seekers of public office to swear their allegiance to the Indian Republic and prescribe the various obligatory templates.
17. 1964 To secure the constitutional validity of acquisition of Estates and place land acquisition laws in Schedule 9 of the constitution
18. 1966 Technical Amendment to include Union Territories in Article 3 and hence permit reorganisation of Union Territories.
19. 1966 Abolish Election Tribunals and enable trial of election petitions by regular High Courts.
20. 1966 Indemnify & validate judgments, decrees, orders and sentences passed by judges and to validate the appointment, posting, promotion and transfer of judges barring a few who were not eligible for appointment under article 233. Amendment needed to overcome the effect of judgement invalidating appointments of certain judges in the state of Uttar Pradesh.
21. 1967 Include Sindhi as an Official Language.
22. 1969  

Provision to form Autonomous states within the State of Assam.
23. 1970 Extend reservation for SC / ST and nomination of Anglo Indian members in Parliament and State Assemblies for another ten years i.e. up to 1980.
24. 1971 Enable parliament to dilute fundamental rights through amendments to the constitution.
25. 1972 Restrict property rights and compensation in case the state takes over private property.
26. 1971 Abolition of privy purse paid to former rulers of princely states which were incorporated into the Indian Republic.
27. 1972 Reorganization of Mizoram into a Union Territory with a legislature and council of ministers.
28. 1972 Rationalize Civil Service rules to make it uniform across those appointed prior to Independence and post independence.
29. 1972 Place land reform acts and amendments to these act under Schedule 9 of the constitution.
30. 1973 Change the basis for appeals in Supreme Court of India in case of Civil Suits from value criteria to one involving substantial question of law.
31. 1973 Increase size of Parliament from 525 to 545 seats. Increased seats going to the new states formed in North East India and minor adjustment consequent to 1971 Delimitation exercise.
32. 1974 Protection of regional rights in Telengana and Andhra regions of State of Andhra Pradesh.
33. 1974 Prescribes procedure for resignation by members of parliament and state legislatures and the procedure for verification and acceptance of resignation by house speaker.
34. 1974 Place land reform acts and amendments to these act under Schedule 9 of the constitution.
35. 1975 Terms and Conditions for the Incorporation of Sikkim into the Union of India.
36. 1975 Formation of Sikkim as a State within the Indian Union.
37. 1975 Formation of Arunachal Pradesh legislative assembly.
38. 1975 Enhances the powers of President and Governors to pass ordinances
39. 1975 Amendment designed to negate the judgement of Allahabad High Court invalidating Prime Minister Indira Gandhi’s election to parliament. Amendment placed restrictions on judicial scrutiny of post of President, vice-president and Prime Minister.
40. 1976 Enable Parliament to make laws with respect to Exclusive Economic Zone and vest the mineral wealth with Union of India

Place land reform & other acts and amendments to these act under Schedule 9 of the constitution.
41. 1976 Raise Retirement Age Limit of Chairmen and Members of Union and State Public Commissions from 60 to 62.
42. 1977 Amendment passed during internal emergency by Indira Gandhi. Provides for curtailment of fundamental rights, imposes fundamental duties and changes to the basic structure of the constitution by making India a “Socialist Secular” Republic.
43. 1978 Amendment passed after revocation of internal emergency in the Country. Repeals some of the more ‘Anti-Freedom’ amendments enacted through Amendment Bill 42.
44. 1979 Amendment passed after revocation of internal emergency in the Country. Provides for human rights safeguards and mechanisms to prevent abuse of executive and legislative authority. Annuls some Amendments enacted in Amendment Bill 42.
45. 1980 Extend reservation for SC / ST and nomination of Anglo Indian members in Parliament and State Assemblies for another ten years i.e. up to 1990.
46. 1983 Amendment to negate judicial pronouncements on scope and applicability on Sales Tax.
47. 1984 Place land reform acts and amendments to these act under Schedule 9 of the constitution.
48. 1985 Article 356 amended to permit President’s rule up to two years in the state of Punjab.
49. 1984 Recognize Tripura as a Tribal State and enable the creation of a Tripura Tribal Areas Autonomous District Council.
50. 1984 Technical Amendment to curtailment of Fundamental Rights as per Part III as prescribed in Article 33 to cover Security Personnel protecting property and communication infrastructure.
51. 1986 Provide reservation to Scheduled Tribes in Nagaland, Meghalaya, Mizoram and Arunachal Pradesh Legislative Assemblies.
52. 1985 Anti Defection Law – Provide disqualification of members from parliament and assembly in case of defection from one party to other.
53. 1987 Special provision with respect to the State of Mizoram.
54. 1986 Increase the salary of Chief Justice of India & other Judges and to provide for determining future increases without the need for constitutional amendment.
55. 1987 Special powers to Governor consequent to formation of state of Arunachal Pradesh.
56. 1987 Transition provision to enable formation of state of Goa.
57. 1987 Provide reservation to Scheduled Tribes in Nagaland, Meghalaya, Mizoram and Arunachal Pradesh Legislative Assemblies.
58. 1987 Provision to publish authentic Hindi translation of constitution as on date and provision to publish authentic Hindi translation of future amendments.
59. 1988 Article 356 amended to permit President’s rule up to three years in the state of Punjab, Articles 352 and Article 359A amended to permit imposing emergency in state of Punjab or in specific districts of the state of Punjab.
60. 1988 Profession Tax increased from a maximum of Rs. 250/- to a maximum of Rs. 2500/-.
61. 1989 Reduce age for voting rights from 21 to 18.
62. 1989 Extend reservation for SC / ST and nomination of Anglo Indian members in Parliament and State Assemblies for another ten years i.e. up to 2000.
63. 1990 Emergency powers applicable to State of Punjab, accorded in Article 359A as per amendment 59 repealed.
64. 1990 Article 356 amended to permit President’s rule up to three years and six months in the state of Punjab.
65. 1990 National Commission for Scheduled Castes and Scheduled Tribes formed and its stututory powers specifed in The Constitution.
66. 1990 Place land reform acts and amendments to these act under Schedule 9 of the constitution.
67. 1990 Article 356 amended to permit President’s rule up to four years in the state of Punjab.
68. 1991 Article 356 amended to permit President’s rule up to five years in the state of Punjab.
69. 1992 To provide for a legislative assembly and council of ministers for Federal National Capital of Delhi. Delhi continues to be a Union Territory.
70. 1991 Include National Capital of Delhi and Union Territory of Pondicherry in electoral college for Presidential Election.
71. 1992 Include Konkani, Manipuri and Nepali as Official Languages.
72. 1992 Provide reservation to Scheduled Tribes in Tripura State Legislative Assembly.
73. 1993 Statutory provisions for Panchyat Raj as third level of administration in villages.
74. 1993 Statutory provisions for Local Administrative bodies as third level of administration in urban areas such as towns and cities. (Municipalities)
75. 1994 Provisions for setting up Rent Control Tribunals.
76. 1994 Enable continuance of 69% reservation in Tamil Nadu by including the relevant Tamil Nadu Act under 9th Schedule of the constitution.
77. 1995 A technical amendment to protect reservation to SC/ST Employees in promotions.
78. 1995 Place land reform acts and amendments to these act under Schedule 9 of the constitution.
79. 2000 Extend reservation for SC / ST and nomination of Anglo Indian members in Parliament and State Assemblies for another ten years i.e. up to 2010.
80. 2000 Implement Tenth Finance Commission recommendation to simplify the tax structures by pooling and sharing all taxes between states and The Centre.
81. 2000 Protect SC / ST reservation in filling backlog of vacancies.
82. 2000 Permit relaxation of qualifying marks and other criteria in reservation in promotion for SC / ST candidates.
83. 2000 Exempt Arunachal Pradesh from reservation for Scheduled Castes in Panchayati Raj institutions.
84. 2002 Extend the usage of 1991 national census population figures for statewise distribution of parliamentary seats.
85. 2002 A technical amendment to protect seniority in case of promotions of SC/ST Employees.
86. 2002 Provides Right to Education until the age of fourteen and Early childhood care until the age of six.
87. 2003 Extend the usage of 2001 national census population figures for statewise distribution of parliamentary seats.
88. 2004 To extend statutory cover for levy and utilization of Service Tax.
89. 2003 The National Commission for Scheduled Castes and Scheduled Tribes was bifurcated into The National Commission for Scheduled Castes and The National Commission for Scheduled Tribes.
90. 2003 Reservation in Assam Assembly relating to Bodoland Territory Area.
91. 2004 Restrict the size of council of ministers to 15 % of legislative members & to strengthen Anti Defection laws.
92. 2004 Enable Levy of Service Tax. Include Bodo, Dogri, Santali and Maithili as National Languages.
93. 2006 Reservation for OBCs in government as well as private educational institutions
94. 2006 To provide for a Minister of Tribal Welfare in newly created Jharkhand and Chhattisgarh States.
95. 2010 Extended the reservation of seats in Lok Sabha and State Assemblies for SCs and STs from sixty to seventy years.
96. 2011 Changed “Oriya” in the Eighth Schedule to “Odia.
97. 2012, Jan 12 Right to form unions or co-operative societies. (19(1)C)

Promotion of Co-operative Societies. (43B)

The Co-operative Societies. (Part 9B)
98. 2013, Jan 2 To empower the Governor of Karnataka to take steps to develop the Hyderabad-Karnataka Region.

(To insert Article 371J in the Constitution)

 

Structure

 

Parts of Constitution
Part Articles Deals with
1 1-4 The Union and its territory
2 5-11 Citizenship
3 12-35 Fundamental Rights
4 36-51 Directive Principles of State Policy
4A 51A Fundamental Duties
5 52-151 The Union
6 152-237 The States
7 238 Repealed
8 239-242 The Union Territories
9 243A-O The Panchayats
9A 243P-ZG The Municipalities
10 244-A The Scheduled and Tribal areas
11 245-263 The relation between Union and States
12 264-300A Finance, Property, Contracts and Suits
13 301-307 Trade, Commerce and Intercourse within the territory of India
14 308-323 Services under The Union and The States
14A 323A-B Tribunals
15 324-329A Elections
16 330-342 Special provisions relating to SCs, STs, OBCs and Anglo-Indians
17 342-351 Official Language
18 352-360 Emergency Provisions
19 361-367 Miscellaneous
20 368 Amendment of the Constitution
21 369-392 Temporary, Transitional and Special Provisions
22 393-395 Short title, Commencement, Authoritative text in hindi and repeals

 

Schedules of Constitution
Schedule Articles Deals with
1 1,4 The States and The Union Territories. (28 states, 7 union territories)
2 59,65,75,97,125,148,158,164,186,221 Emoluments, allowances and Privileges.

 
3 75,84,99,124,146,173,188,219 Oaths of ministers and judges.

Office of union ministers, secrecy of union ministers, candidate for MP elections, elected MP, Judges of SC or CAG, candidate for state legislatures, elected state ministers, Judges of HC.
4 4,80 Allocation of seats in the Rajya Sabha. (currently 233 elected + 12 nominated)
5 244 Administration and control of Scheduled areas and scheduled tribes.
6 244,275 Administration of Tribal areas of North-Eastern states: Assam, Meghalaya, Mizoram, Tripura.
7 246 Distribution of Power : Union list(99), State list(61) and Concurrent list(52).

Union list:
8 344,351 Languages.

Originally 14, currently 22.

Assamese, Bengali, Gujarati, Hindi, Kannada, Kashmiri, Marathi,

Malayalam, Oriya, Punjabi, Sanskrit, Tamil, Telugu, Urdu.

21st amendment: Sindhi. (1967)

71st amendment: Konkani, Manipuri, Nepali. (1992)

92nd amendment: Bodo, Dogri, Maithili, Santhali. (2004)
9 31B Validation of certain Acts and Regulations.

Introduced by 1st amendment (1951) to protect from judicial review.

Laws made after April 24, 1973 are open for judicial review now.

284 laws includes state laws on land reforms.
10 102,191 Anti-Defection Law (52nd amendment)
11 243G Powers and Responsibilities of Panchayats (73rd amendment)
12 243W Powers and Responsibilities of Municipalities (74th amendment)

 

Features

  • Lengthiest written Constitution: Originally our constitution contained 395 articles divided in 22 parts and 8 schedules. Constitution has been amended 98 times. Currently there are 25 Parts, 12 Schedules, and 448 Articles. These figures show our constitution as the most comprehensive constitution in the world. (British have no written constitution and Constitution of USA had originally only 7 articles)
  • Starts with a Preamble: It gives an insight into the Philosophy of the Constitution.
  • Drawn from different sources: fundamental rights from USA, bicameralism from UK, Fundamental duties from USSR etc,
  • Blend of Rigidity and Flexibility: making Law is quite flexible and easy in comparison to amending a law.
  • Sovereignty of the Country: managing internal and external affairs freely without any external forces.
  • Democratic state: governing power is derived from the people by means of elected representatives of the people.
  • Republic: India does not have a hereditary post of Head of the State. The Head of the state in India is President and he / she is elected.
  • Socialist State: Indian socialism is democratic socialism. The goals of the socialism are to be realized through democratic means.
  • Secular state: India is secular country. Here No religion is a state religion. The constitution provides equal treatment to all religions.
  • Parliamentary Form of Government: Westminster model of government. Presence of nominal and real executives, majority party rule, collective responsibility of executive to legislature, dissolution of lower house, prime minister has crucial and important role.
  • A blend of Federal and Unitary System: there are separate governments in the Union and States and there is division of power. Unitary features: Strong centre. Single Citizenship, single constitution for both the centre and states, emergency provisions, all India services. India is also quasi-federal as constitution describes India as union of states. States cannot unjoin as well as there is no agreement by states. We have union as well as state lists.
  • Integrated and independent Judiciary: The states have high courts but the verdicts of these courts are subject to appeal to the Supreme Court. The Constitution has made the High Courts subordinate to the Supreme Court.
  • Universal Adult Franchise: Every citizen who is above 18 years has a Voting Right without any discrimination.
  • Three tier government structure: union, state and panchayats.
  • Synthesis of parliamentary sovereignty and judicial supremacy: judicial review of Supreme Court by procedure established by law. Also, parliament can amend major portion of constitution.
  • Fundamental rights: to promote political democracy. Enforceable by courts for violation. They are Justiciable in nature.
  • Fundamental duties: to respect constitution; to promote national unity, integrity, sovereignty; to preserve rich cultural heritage and promote common brotherhood. They are not justiciable in nature.
  • Directive principles of state policy: socialistic, liberal and gandhian meant for promoting ideal social and economic democracy. To establish welfare state. It is the duty of state to apply these in governance. They are not justiciable.
  • Independent bodies: constitution not only provides legislative, executive and judicial organs of government (state and centre) but also has independent election commission, CAG, UPSC, SPSC with security of tenure, service conditions.

 

Provisions

Emergency Provisions in the Constitution of India

The Emergency Provisions are mentioned from Article 352 to Article 360.

?      Article 352: Proclamation of Emergency – due to external intrusion or war the President of India can declare a state of emergency through a Proclamation. This Article suggests that such a Proclamation can be revoked or a varied Proclamation can also be issued. However, the decision of the Cabinet ministers to issue such a proclamation must be sent to the President in written form prior to his issuance of the same. According to the Article, all such Proclamations should be presented to both the Houses of the Parliament. The Proclamations, if not accepted by a resolution, will be counted as ineffective after one month. If the Proclamation is not accepted after the passing of a second resolution, then it will become ineffective after the expiry of 6 months of the second resolution. It is also mentioned in the Article that not less than two-thirds of the members of any of the Parliamentary Houses should be required to pass a resolution. There are certain rules specified in this Article regarding the President revoking or issuing a varied Proclamation during Emergency.

?      Article 353: Effect of Proclamation of Emergency – this Article states that the Proclamation of Emergency includes extending the executive power of the union to the states in the form of directions. The Parliament, as per this Article, can confer the power to make laws, upon the officers or authorities of the Union.

?      Article 354: Application of provisions relating to distribution of revenues while a Proclamation of Emergency is in operation – provisions made under Articles 268 to 279 can be modified or exceptions can be made by the President of India by an Order while the Proclamation period of emergency is going on. Information about all such Orders must be conveyed to both the Houses of Parliament.

?      Article 355: Duty of the Union to protect States against external aggression and internal disturbance – this Article states the fact that the Union or Center is solely responsible for defending the various states from all types of violence and aggressions erupting from outside and disturbances occurring within the nation’s territory.

?      Article 356: Provisions in case of failure of constitutional machinery in States – the President of India can take charge of a state if the reports submitted to him by the Governor suggest that the government of the state has become incapable of exercising the Constitutional powers. The President is also subjected to exercise the powers of the government of such state by Proclamation. The Proclamation issued under such circumstances become ineffective after 6 months from the date of issuance, if not revoked during this time period. All such Proclamations have to be presented to both the Houses of Indian Parliament and will expire after two months. The Legislative powers of such state shall also be exercised by the Parliament. In the Houses of Parliament there are certain rules and regulations regarding the expiry of the Proclamation and the time period normally depends upon the fact whether it has been revoked earlier or not.

?      Article 357: Exercise of legislative powers under Proclamation issued under article 356 – the powers of the Legislature shall be exercised by the Parliament during emergency. The Parliament has the right to delegate Legislative powers to the President of India or any such authority. The President of India, after the Proclamation of Article 356, can make laws and shall have access to the consolidated fund during the time period when the House of the People is not in operation.

?      Article 358: Suspension of provisions of article 19 during emergencies – any provision under Article 19 will not be effective during emergency and the states can make law and undertake executive action. However, only those laws and executive actions containing recital related to emergency during the Proclamation of Emergency are effective as per the Article.

?      Article 359: Suspension of the enforcement of the rights conferred by Part III during emergencies – the President of India can suspend all ongoing proceedings in any court of the nation during emergencies by an Order. The President can also call upon all pending court proceedings in case of emergencies. All such orders declaring the suspension of court proceedings have to be submitted to both the Houses of Parliament.

?      Article 360: Provisions as to financial emergency – a declaration shall be made by the President of India through a Proclamation regarding the financial crisis of the nation if such situation arises. Such a Proclamation can be revoked and has to be presented in both the Houses of the Parliament. The Proclamation thus issued will become null and void after two months if the same is not approved through a resolution passed by the Houses of Parliament. In case the Houses are not in session the Article suggests certain specific guidelines regarding the Proclamation. This Article also includes provisions relating to the salary and allowance reduction of those who are employed with Union and state departments. A provision relating to money bills and other financial bills passed by the state Legislature is mentioned in the Article. This provision states that all such bills have to be considered by the President during financial instability.

 

Special Provisions Relating to Certain Classes

The Constitution of India has listed the special provisions relating to certain classes in Part XVI. From Article 330 to Article 342.

?      Article 330: Reservation of seats for Scheduled Castes and Scheduled Tribes in the House of the People – this Article states that a certain number of seats should be reserved in the House of the People for both the Schedule Castes and Schedule Tribes. However, clause b of the Article includes Schedule Tribes excluding those who live in the autonomous districts of Assam. Clause c of the Article includes the Schedule Tribes belonging to the autonomous Assam districts. It is also mentioned in this Article that the total number of such seats assigned to the Schedule Tribes of autonomous Assam districts should match the total number of seats allotted in the House of the People. The seats alloted to the Schedule Castes and Schedule Tribes of a particular state or Union Territory should be proportional to the total number of seats reserved for such state or Union Territory in the house of the People.

?      Article 331: Representation of the Anglo-Indian Community in the House of the People – it is specified in this Article of the Indian Constitution that the President of India has the sole right to elect a maximum of 2 members belonging to the Anglo-Indian section to represent the entire community.

?      Article 332: Reservation of seats for Scheduled Castes and Scheduled Tribes in the Legislative Assemblies of the States – This Article of the Constitution states that a definite number of seats in every state’s Legislative Assembly should be alloted to the Schedule Castes and Schedule Tribes. The Schedule Castes and Schedule Tribes of the autonomous districts of Assam are also given seats in the Legislative Assembly. It is also specified that a person not belonging to the Schedule Tribes category of Assam state cannot contest the Legislation Assembly election from any of the constituencies of the districts of the state. Also, all areas outside the periphery of the districts of Assam should not hold any constituency of the Legislative Assembly of the Assam state. The total seats alloted to the state Legislative Assembly of Assam should be in proportion of the total population and the share of the SC/ST in such population.

 

As per Article332, the number of seats alloted to the SC/STs of a state should follow a proportion to the total number of seats assigned in the Assembly as the total population of the SC/STs in that state with respect to the total state population.

In case of such states as Nagaland, Mizoram, Meghalaya and Arunachal Pradesh, as per the Constitution Act 1987, if all the seats of the Legislative Assembly after the first census of 2000, belong to the Schedule Tribes, then only one seat shall be alloted to other communities. Also, the total number of seats alloted to the Schedule Tribes shall not be less than the existing number of seats in the Assembly of the state.

The Article suggests that the the total number of seats of Schedule Tribes in the Legislative Assembly of Tripura state should be proportional to the total number of existing seats in the Assembly. As per the Constitution Act 1992, the number of the Schedule Tribe members in the Legislative Assembly of Tripura shall not be less than the total number of seats already available in the Assembly.

 

?      Article 333: Representation of the Anglo-Indian community in the Legislative Assemblies of the States – according to this Article of the Constitution of India if the Governor of any state thinks it necessary to elect one representative of the Anglo-Indian community for the Legislative Assembly of that state then he can do the same. Also, if the governor feels that Anglo-Indian community does not have sufficient representation in the state Legislative Assembly then also he can elect one member of that community for the Assembly.

?      Article 334: Reservation of seats and special representation to cease after 289A – This Article holds the fact that after 60 years of the enactment of the Indian Constitution, certain provisions shall become ineffective. However, it is also specified that the Article will not be applied until and unless the House of the People or the Legislative Assembly gets dissolved because of some significant reason. The Provisions with which this Article deals with include reserving seats for Anglo-Indian community, Schedule Castes and Schedule Tribes in the House of the People or in the Legislative Assembly.

?      Article 335: Claims of Scheduled Castes and Scheduled Tribes to services and posts – The Article states that the various claims of the Schedule Castes and Schedule Tribes shall be regarded accordingly. Relaxation of age, lower cut off marks and easier parameters of evaluation for the purpose of selecting SC/ST candidates to different posts and services will remain intact irrespective of the provisions mentioned in this Article.

?      Article 336: Special provision for Anglo-Indian community in certain services – as per this Article, for such posts of Union as postal and telegraph, customs and railway, the members of the Anglo-Indian community will be selected, for the first two years of the initiation of the Constitution, following the rules prevailing before 15th August, 1947. It is also specified that in every two years the total number of seats allotted to the Anglo-Indian community in different services and posts will go down by 10%. The Article states that these provisions will become ineffective after 10 years of the enactment of the Indian Constitution. However, clause 2 of this Article clearly mentions that if a candidate of the concerned community is eligible for any post other than the ones mentioned above then he will be selected with immediate effect.

?      Article 337: Special provision with respect to educational grants for the benefit of Anglo-Indian community – the provisions of this Article deal with the fact that grants to the Anglo-Indian community shall be offered in the first three years of the enactment of the Constitution following the same rules made on 31st March 1948. It is also stated that the amount of such grants will reduce by 10% in every three succeeding years. It is mentioned that after 10 years of the initiation of the Constitution of India all such grants will cease to exist. Moreover, the Article states that only when at least 40% of the admissions in educational units belong to communities other than Anglo-Indians, such grants will be offered to the said community.

?      Article 338: National Commission for Scheduled Castes and Scheduled Tribes – This Article covers the issues to be dealt with by the said Commission exclusively made for the Schedule Castes and Schedule Tribes. As per the Constitution of India, the Article holds that the Commission should include a Chairperson, Vice-Chairperson and other members all of whom are elected by the President of India. The Commission, according to the Article, has the power to investigate all matters that are related to the safeguard of the Sc/STs. The commission can also exercise its power by summoning any person from any part of the nation to interrogate him regarding a particular issue of the SC/STs. The Commission shall also take necessary measures to improve the socio-economic status of the Schedule Castes and Schedule Tribes. A report specifying whether the safeguards of the ST/SCs are maintained properly shall be submitted to the President of India every year by the Commission.

?      Article 339: Control of the Union over the administration of Scheduled Areas and the welfare of Scheduled Tribes – the Article suggests that a Commission specifying the administration of Scheduled Areas and Welfare of Scheduled Tribes shall be formed by Order of the President after 10 years of the Indian Constitution’s enactment. The various procedures and powers of the commission are to be included in the said Order. Planning and execution of various schemes pertaining to the development of the Schedule Tribes included in the executive power of the Union is also mentioned in the Article.

?      Article 340: Appointment of a Commission to investigate the conditions of backward classes – this Article specifies that the President of India can form a Commission by Order that will look into the overall condition of the people belonging to the backward classes. This Commission is also supposed to recommend any state or union the necessary steps through which the underprivileged classes can improve their social and economic status. On the basis of the investigation done, the Commission shall submit a report to the President of India. The President, in turn, shall present such report with a memorandum to both of the Houses of the Indian Parliament and will prescribe the necessary steps to be taken to develop the condition of the backward classes.

?      Article 341: Scheduled Castes – this Article states that the President of India after taking the advice of the Governor of any state or Union Territory, has the right to demarcate tribes, races or castes or a part of any group as Scheduled Castes, in accordance with the law of the Constitution. The president can do the same by issuing a public notification. However, the Parliament of India can, by law, accept or reject the list containing the Scheduled Caste groups.

?      Article 342: Scheduled Tribe – a group belonging to a tribe or an entire tribal community of a state or an Union Territory can be declared as Scheduled Tribe by the President of India through issuing a public notice. The President consults with the Governor of the concerned state or Union Territory before specifying a tribe as Scheduled Tribe. The Parliament of India can decide upon canceling or keeping the particular ST in the list of Scheduled Tribes. However, the public notification issued for declaration of the Scheduled Tribe can be saved by the Parliament.

 

Other provisions

 

Article 369 {Temporary power to Parliament to make laws with respect to certain matters in the State List as if they were matters in the Concurrent List}

Article 370 {Temporary provisions with respect to the State of Jammu and Kashmir}

Article 371 {Special provision with respect to the States of Maharashtra and Gujarat}

Article 371A {Special provision with respect to the State of Nagaland}

Article 371B {Special provision with respect to the State of Assam}

Article 371C {Special provision with respect to the State of Manipur}

Article 371D {Special provisions with respect to the State of Andhra Pradesh}

Article 371E {Establishment of Central University in Andhra Pradesh}

Article 371F {Special provisions with respect to the State of Sikkim}

Article 371G {Special provision with respect to the State of Mizoram}

Article 371H {Special provision with respect to the State of Arunachal Pradesh}

Article 371I {Special provision with respect to the State of Goa}

Article 372 {Continuance in force of existing laws and their adaptation}

Article 372A {Power of the President to adapt laws}

Article 373 {Power of President to make order in respect of persons under preventive detention in certain cases}

Article 374 {Provisions as to Judges of the Federal Court and proceedings pending in the Federal Court or before His Majesty in Council}

Article 375 {Courts, authorities and officers to continue to function subject to the provisions of the Constitution}

Article 376 {Provisions as to Judges of High Courts}

Article 377 {Provisions as to Comptroller and Auditor-General of India}

Article 378 {Provisions as to Public Commissions}

Article 378A {Special provisions as to duration of Andhra Pradesh Legislative Assembly}

 

 

Right To Service    

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Delivering public services in a time bound, decentralised and citizen friendly manner has been one of the major challenges facing the administration wing of the government.

 

Right to Public Services legislation in India comprises statutory laws which guarantee time-bound delivery of various public services rendered to citizens and provides mechanism for punishing the errant public servant if they are is deficient in providing the stipulated services. Hence, Right to Service legislation ensures delivery of time bound services to the public. If the concerned officer fails to provide the service in time, he will have to pay a fine. Thus, it is aimed to reduce corruption among the government officials and to increase transparency and public accountability.

 

Right to Service legislation are meant to reduce corruption among the government officials and to increase transparency and public accountability. Madhya Pradesh became the first state in India to enact Right to Service Act on 18 August 2010 and Bihar was the second to enact this bill on 25 July 2011. Several other states like Bihar, Delhi, Punjab, Rajasthan, HimachalPradesh, Kerala, Uttarakhand, Haryana, Uttar Pradesh, Odisha and Jharkhand have introduced similar legislation for effectuating the right to service to the citizen.

 

Our development as a nation is plagued by low literacy levels, poor health, high population, extreme poverty and corruption. In 2014 India ranked 85th out of 175 countries in Transparency International’s Corruption Perceptions Index11 indicating there is a long way to go.

 

The three defining indicators that have emerged as main components of good governance, effectively reinforcing democratic principle

 

  1. Transparency and Accessibility: Transparency is described as the “characteristic of governments, companies, organisations and individuals of being open in the clear disclosure of information rules, plans, processes and actions”.

 

  1. Accountability and Timelines: Administrative transparency is a means to ensure accountability, reason the lack of it, and also highlight areas susceptible to corrupt practices, further ensuring that they are not overlooked. Accountability strategies which include checks and balances range from checking resource use, controlling expenditure, internal and external auditing processes, to monitoring mechanisms.

 

  1. Impact and Responsiveness of the Administration: The impact of the efficiency of the system can be gauged by people’s faith and confidence in the same. Citizens have become more articulate and aware and expect the administration to respond not merely to their demands but also anticipate them beforehand. The effectiveness and efficiency of an administration at any level, centre, state or local depends on fully responsive and representational people and institutions, as well as on prioritising service and legal mechanisms to correspond with needs of citizens.

 

The Second Administrative Reforms Commission (ARC), “Citizen Centric Administration: The Heart of Governance” endorsed the Sevottam framework and recommended its full implementation in Union and State Governments. Later in 2007, the Second Administrative Reforms Commission recommended that Citizen’s Charters should stipulate penalties for non-compliance followed by The Standing Committee on Personnel, Public Grievances, Law and Justice recommending giving statutory status to Grievance Redressal mechanisms, in 2008.

 

Centralised Public Grievance Redress and Monitoring System (CPGRAMS) In June 2007, the DARPG put in place a 24×7 online portal that links 89 ministries/departments/organisations as of now. This web-enabled solution called the CPGRAMS, sought to streamline and integrate the whole process. The CPGRAMS helps in filing, transferring, tracking and monitoring of complaints from both sides—the citizen, and the department-incharge—from any place and at any time.

 

 

The Right of Citizens for Time Bound Delivery of Goods and Services and Redressal of their Grievances Bill, 2011

 

The Bill was introduced in the Lok Sabha on December 20, 2011. The Bill was referred to the Department Related Standing Committee on Personnel, Public Grievances, Law and Justice.

19 States have Notified/Enacted the bill till yet.

 

The Bill refers to a ‘citizens charter’ which is a document that defines the standard of services to be provided by an entity. The citizens charter will also provide the time frame within which goods and services are to be provided.

  • The Bill requires all public authorities to appoint officers to redress grievances.  Grievances are to be redressed within 30 working days.  The Bill also provides for the appointment of Central and State Public Grievance Redressal Commissions.
  • A penalty of up to Rs 50,000 may be levied upon the responsible officer or the Grievance Redressal Officer for failure to render services.

 

The common framework of the legislations in various states includes, granting of “right to public services”, which are to be provided to the public by the designated official within the stipulated time frame. The public services which are to be granted as a right under the legislations are generally notified separately through Gazette notification. Some of the common public services which are to be provided within the fixed time frame as a right under the Acts, includes issuing caste, birth, marriage and domicile certificates, electric connections, voter’s card, ration cards, copies of land records, etc.

On failure to provide the service by the designated officer within the given time or rejected to provide the service, the aggrieved person can approach the First Appellate Authority. The First Appellate Authority, after making a hearing, can accept or reject the appeal by making a written order stating the reasons for the order and intimate the same to the applicant, and can order the public servant to provide the service to the applicant.

An appeal can be made from the order of the First Appellate Authority to the Second Appellate Authority, who can either accept or reject the application, by making a written order stating the reasons for the order and intimate the same to the applicant, and can order the public servant to provide the service to the applicant or can impose penalty on the designated officer for deficiency of service without any reasonable cause, which can range from Rs. 500 to Rs. 5000 or may recommend disciplinary proceedings. The applicant may be compensated out of the penalty imposed on the officer. The appellate authorities has been granted certain powers of a Civil Court while trying a suit under Code of Civil Procedure.

Reasonable restrictions on fundamental rights and right to property

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Reasonable restrictions on fundamental rights and right to property

Fundamental Rights are the basic rights of the people and the charter of rights contained in Part III of Constitution of India. It guarantees civil liberties such that all Indians can lead their lives in peace and harmony as citizens of India. These include individual rights common to most liberal democracies, such as equality before law, freedom of speech and expression, religious and cultural freedom and peaceful assembly, freedom to practice religion, and the right to constitutional remedies for the protection of civil rights by means of writs such as habeas corpus, Mandamus, Prohibition, Certiorari and Quo Warranto.

Though the Constitution of India guarantees all these Fundamental rights for the citizen, yet there are some limitation and exceptions of these rights also. A citizen can not enjoy Fundamental Rights absolutely or at will.

Reasonable’ means that which is in accordance with reason, and which is associated with logic and not arbitrariness. It implies intelligent care and deliberation that which reason dictates. The expression “reasonable restriction” signifies that the limitation imposed on a person in the enjoyment of the right should not be arbitrary or of an excessive nature beyond what is required in the interest of the public.

Within some Constitutional limitation citizen can enjoy their Rights. The Constitution of India imposes some reasonable restrictions upon enjoyment of these Rights so, that public order, morality and health remain intact . The Constitution always aims at restoration of collective interest along with individual interest .For example, right to religion is subject to restrictions imposed by the state in the interest of public order, morality and health so, that the freedom of religion may not be abused to committee crimes or anti-social activities . Similarly Rights guaranteed by article-19 does not mean absolute liberty . Absolute individual rights can not be guaranteed by any modern state . There fore our Constitution also empowered the state to impose reasonable restrictions as may be necessary in the larger interest of the community . our Constitution always attempts “ to strike a balance between individual liberty and social control .” and to establish a welfare state where collective interest got prominence over individual interest .Freedom of speech and expression (Art.19-1-A) is also subject to reasonable restrictions imposed by the state relating to defamation, contempt of court, decency or morality, security of the state, friendly relations with foreign states , incitement to an offence, public order, maintenance of the sovereignty and integrity of India . Freedom of assembly (Art.19-1-B) is also subject to reasonable restrictions imposed by the state that the assembly must be peaceful and without arms in the interest of public order. Freedom of press which is included in the wider freedom of expression is also subject to reasonable limitations and the state can impose restriction upon freedom of press in the larger interest of the state or for the prevention of contempt of court, defamation or incitement to an offence.

Right to property

Property, as a legal and social institution, has different forms in different cultures and legal systems. However, only a definition of Constitutional property is common in all democratic countries. Since state exercises eminent domain power against private property, it is pertinent to discuss the concept of private property in brief. The institution of private property has been a controversial issue with conflicting views, one completely denying the right to own private property and the other supports the holding of the private property. However, the right to property is a natural and inherent right of an individual.

After independence, no Fundamental right has caused so much trouble and has given so much of litigation between the government and citizens as the property right. The reason is that the central and state governments have enacted massive hysteron of laws to regulate property rights. First, the government undertook to reconstruct the agrarian economy, interalia, by trying to confer right to property on tillers, abolition of zamindaris, giving security of tenure to tenants, fixing a ceiling limit on personal holding of agricultural land and redistributing the surplus land among the landless. Secondly, in the area of urban property, measures have been taken to provide housing to the people, clearance of slums and planning, control rents, acquire property and impose a ceiling on urban land ownership etc., Thirdly, government has undertaken to regulate private enterprises and nationalization of some commercial undertakings. These various legislative measures have been undertaken to effectuate accepted goal of establishing a socialistic pattern of society. Hence Articles 31 and 19(1)(f)  were repealed. Historical evolution and demise of repealed Articles 31 and 19(1)(f) are still relevant for the understanding of constitutional developments of property right. Since the commencement of the Constitution fundamental right conferred by Article 31 and Article 19(1)(f) has been modified by six times by the constitutional amendments. The first amendment added two explanatory Articles 31-A & 31-B to the Constitution; the fourth amendment amended clause (2) of Article 31, added clause (2A) to the same Article, inserted new provisions in Article 31-A and enlarged the ninth schedule; the seventeenth amendment further elaborated the definition of ‘estate’ in clause (2) of Article 31-A; and the twenty fifth amendment amended Article 31(2), added clause (2-B) and added a new Article 31-C. In the forty second amendment Article 31-C was substituted by the words “ the principles specified in clause (b) or clause (c) of the Article 39” for the words “all or any of the principles laid down in part IV of the Constitution”.

finally forty fourth amendment repealed the entire Article 31 and Article 19(1)(f) & inserted Article 300A.

Ninth Schedule – A Protective Umbrella

Article 31-B, does not by itself give any fundamental right. The Acts and regulations placed under ninth schedule shall not be deemed to be void or ever to have become void on the ground of its inconsistency with any fundamental right. In Kameshwar Singh 80 case, the Supreme Court said that no Act brought under the ninth schedule could be invalidated on the ground of violation of any fundamental rights.

With the introduction of the above amendment, it became very easy for the Government to acquire property and to carryout different agrarian reforms. Firstly the acquisition laws under the fear of being challenged were inserted in the ninth schedule by the constitutional amendments and thereby the concerned laws were made immune from challenge against any of the fundamental rights guaranteed under part III of the Constitution.

So for now right to property in india is a statutory right under the article 300A of Indian constitution.

 

24.01.18 Arunachal Pradesh(APPSC) Current Affairs

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NORTH-EASTERN STATES

 

  • Khandu inaugurates World War II Memorial Museum in Arunachal
  • Arunachal Pradesh Chief Minister Pema Khandu inaugurated the World War II Memorial Museum in the state’s Changlang district bordering Myanmar.

 

  • Built by the Union Culture Ministry, the Rs 2.25 crore museum in memory of those who laid down their lives in WWII is located adjacent to the historic Stilwell Road.

 

  • Khandu visited the war memorial where remnants of the war, personal belongings of the soldiers and others involved were preserved.

 

 

INTERNATIONAL

 

·        Rachel Morrison 1st Oscar nominated female cinematographer

 

  • Rachel Morrison has become the first female cinematographer to receive an Oscar nomination in the 89-year-old history of the Awards. She has been nominated for her work in the film ‘Mudbound’. “The job of the cinematographer is to visualise emotion – things we as women are inherently good at,” said Rachel.

 

 

·        India inks $120 million loan agreement with World Bank to fund improved water supply in Uttarakhand

 

  • India signed $120 millionloan agreement with multilateral lending agency World Bank to help increase access to improved water supply services in in peri-urban areas in Uttarakhand.
  • The agreement was signed between Government of India, Government of Uttarakhand and World Bank Board.
  • The loan amount will be used for Uttarakhand Water Supply Program for Peri-Urban Areas to help the state to increase water supply coverage as well as ensure sustainable water supply service delivery in peri-urban areas.
  • The program will develop and implement service-oriented and efficient water supply for peri-urban areas, strengthen current monitoring and evaluation systems.
  • It will also provide dedicated incentives for preparation and adoption of of water supply ‘master-plans’ in peri-urban areas.

 

  • India Ranked 177 in Environmental Performance Index (EPI)

 

  • India has been ranked 177 among 180 countries in the Environmental Performance Index (EPI) – 2018. This index has been developed by Yale University and Columbia University in collaboration with the World Economic Forum and the Joint Research Centre of the European Commission.

 

  • Top 5 countries are Switzerland, France, Denmark, Malta and Sweden.

 

  • Top bottom countries are Nepal, India, Congo, Bangladesh, Burundi.

NATIONAL

 

·        India to Host 16th International Energy Forum Meet

 

  • The 16th International Energy Forum (IEF) Ministerial meetingwill be held in New Delhi in April 2018.
  • According to the Union Minister of Petroleum and Natural Gas Dharmendra Pradhan, the meeting will be hosted by Government of India in New Delhi and co-hosted by the Government of China and South Korea.
  • Representatives from 92 countries will be participating in the conference, including 72 member countries of IEF and 20 guest countries.

 

·        Andhra Pradesh and Zurich Sign Sister State Agreement

 

  • The Andhra Pradesh Governmentand the Canton of Zurich signed a letter of intent, to promote mutual prosperity and development.
  • The agreement was signed in the presence of Chief Minister of Andhra Pradesh N Chandrababu Naidu and Government Counselor Minister Carmen Walker Spah for sister state relation.
  • This will bring the State of Andhra Pradesh and Canton of Zurich closer and ensure that a framework is created, which supports the exchange between both the parties.

 

  • Tamil Nadu CM Edappadi K Palanichamy receives UNESCO Award.

 

  • Tamil Nadu Chief Minister Edappadi K Palanichamy received UNESCO Award of Merit awarded to the iconic Srirangam Ranganathaswamy temple in Tiruchirapalli. The award of merit was awarded by UNESCO Asia Pacific region for the reconstruction activities undertaken in temple without in least affecting its traditional splendour and Vedic rituals.

  • It is considered as one of the most important of the 108 main Vishnu temples (Divyadesams). It is Vaishnava temple built in Tamil or Dravidian style of architecture. It is located on an islet formed by twin rivers: Coleroon and Cauvery. The temple complex is situated in sprawling ground of more than 156 acres. The temple and 1000 pillared hall were constructed in the Vijayanagar period (1336–1565) .

 

 

·        Water storage level of India’s 91 major reservoirs drops 2%

  • The water storage available in 91 major reservoirs of the country for the week ending on January 11, 2018 was 80.484 BCM which is 50% of the total storage capacity of these reservoirs. This percentage was at 52 for the week ending January 4, 2018.

 

  • The total storage capacity of these 91 reservoirs is 161.993 BCM, which is about 63% of the total storage capacity of 257.812 BCM which is estimated to have been created in the country. Thirty seven of the 91 reservoirs have hydropower benefit with installed capacity of more than 60 MW.

 

  • The storage during the corresponding period of last year was 58% and average storage of last ten years during the corresponding period was 54% of live storage capacity of these reservoirs. Thus, the storage during the current year is less than that of the previous year and is also less than the average storage of the last ten years during the corresponding period.

 

·        Monsoon rainfall down only 24mm in country since 1981

  • Over 50% of sub-divisions in India have witnessed a decreasing trend in monsoon rainfall from 1981 to 2016, but the country has seen a 24mm drop during the period, a fresh Indian Institute of Tropical Meteorology (IITM) report has found.

 

  • The study stated that the number of deficient monsoon years during this period have been more than excess monsoon years — with 20 excess and 27 deficient years.

 

Preamble and its significance

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The Constitution of India begins with a Preamble which describes the nature of the Indian State and the objectives it is committed to secure. K.M. Munshi describes the Preamble as the political horoscope of the constitution. Thakur Dass Bhargawa says Preamble is the most precious part and the soul of the constitution.

The Preamble reads:

We, the People of India having solemnly resolved to constitute India into a Sovereign, Socialist, Secular, Democratic, Republic and to secure to all its citizens;

Justice, social, economic, political;

Liberty of thought, expression, belief, faith and worship;

Equality of status and opportunity; and to promote among them all;

Fraternity, assuring the dignity of the individual and the unity and integrity of the nation ;

In our Constituent Assembly this, twenty sixth day of November 1949 do hereby Adopt, Enact and Give to ourselves this Constitution.

The words ‘Socialist ‘Secular” and ‘Integrity were initially not there in the Preamble. These were added by the 42nd Amendment (1976) of the Constitution.

Preamble: Features:

I. The Source of Authority:

Popular Sovereignty:

The Preamble categorically accepts the principle of Popular Sovereignty. It begins with the words: ‘We the people of India’. These words testify to the fact that the people of India are’ the ultimate source of all authority. The Government derives its power from them.

II. Nature of State:

The Preamble describes five cardinal features of the Indian state:

(1) India is a Sovereign State:

The Preamble proclaims that India is a sovereign state. Such a proclamation denotes the end of rule over India. It testifies to the fact that India is no longer a dependency or colony or possession of British Crown. As a sovereign independent state, India is free both internally and externally to take her own decisions and implement these for her people and territories.

(2) India is a Socialist State:

In 1976, the Preamble was amended to include the word ‘Socialism’. It is now regarded as a prime feature of the State. It reflects the fact that India is committed to secure social, economic and political justice for all its people. India stands for ending all forms of exploitation as well as for securing equitable distribution of income, resources and wealth. This has to be secured by peaceful, constitutional and democratic means. The term ‘India is a Socialist state’ really means, ‘India is a democratic socialist state.’

(3) India is a Secular State:

By the 42nd Amendment, the term ‘Secular’ was incorporated in the Preamble. Its inclusion simply made the secular nature of the Indian Constitution more explicit. As a state India gives special status to no religion. There is no such thing as a state religion of India. India guarantees equal freedom to all religions. All religions enjoy equality of status and respect.

(4) India is a Democratic State:

The Preamble declares India to be a Democratic State. The Constitution of India provides for a democratic system. The authority of the government rests upon the sovereignty of the people. The people enjoy equal political rights. The people freely participate in the democratic process of self rule.

They elect their government. For all its acts, the government is responsible before the people. The people can change their government through elections. The government enjoys limited powers. It always acts under the Constitution which represents the supreme will of the people.

(5) India is a Republic:

The Preamble declares India to be a Republic. Negatively, this means that India is not ruled by a monarch or a nominated head of state. Positively, it means that India has an elected head of state who wields power for a fixed term. President of India is the elected sovereign head of the state. He holds a tenure of 5 years. Any Indian citizen can get elected as the President of India.

III. Four Objectives of the Indian State:

The Preamble lists four cardinal objectives which are to be “secured by the state for all its citizens”.

These are:

(1) Justice:

India seeks to secure social, economic and political justice for its people.

(i) Social Justice:

Social Justice means the absence of socially privileged classes in the society and no discrimination against any citizen on grounds of caste, creed, colour, religion, sex or place of birth. India stands for eliminating all forms of exploitations from the society.

(ii) Economic Justice:

Economic Justice means no discrimination between man and man on the basis of income, wealth and economic status. It stands for equitable distribution of wealth, economic equality, end of monopolistic control over means of production and distribution, decentralisation of economic resources, and securing of adequate opportunities to all for earning their livelihoods.

(iii) Political Justice:

Political Justice means equal, free and fair opportunities to the people for participation in the political process. It stands for the grant of equal political rights to all the people without any discrimination. The Constitution of India provides for a liberal democracy in which all the people have the right and freedom to participate.

(2) Liberty:

The Preamble declares liberty to be the second cardinal objective to be secured. It includes liberty of thought, expression, belief, faith and worship. The grant of Fundamental Rights (Part III) including the right to freedom is designed to secure this objective. Liberty of faith and worship is designed to strengthen the spirit of secularism.

(3) Equality:

The Preamble declares Equality as the third objective of the Constitution. Equality means two basic things:

(i) Equality of status i.e. natural equality of all persons as equal and free citizens of India enjoying equality before law.

(ii) Equality of opportunity i.e. adequate opportunities for all to develop. For securing the equality of status and opportunity, the Constitution of India grants and guarantees the fundamental Right to Equality.

(4) Fraternity:

Promotion of Fraternity among the people is the fourth objective is to promote Fraternity among all the people. Fraternity means the inculcation of a strong feeling of spiritual and psychological unity among the people. It is designed to secure dignity of the individual and unity and integrity of the nation.

IV. Date of Adoption and Enactment:

In its final paragraph, the Preamble specifies the important historical fact that the Constitution was adopted on 26 November, 1949. It was on this day that the Constitution received the signatures of the President of the Constituent Assembly and was declared passed.

V. Self-made Constitution:

The Constitution of India is an adopted, enacted and self-made constitution. It was adopted and enacted by the Constituent Assembly acting as the elected representative body of the people of India. The Preamble states the philosophical foundations of the Constitution India and enumerates its objectives.

It constitutes a Key for the interpretation of the Constitution. It is a part of the Basic Structure of the Constitution. Through, it’s Preamble, the Constitution a commits itself to Democracy, Republicanism, Socialism, Secularism, Liberalism and Welfare State. The Preamble states the objectives which the Constitution is committed to secure for all the people of India.

 

Fundamental Rights and Duties

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The Indian constitution originally provided 7 categories of fundamental rights. But one fundamental right, that to property was removed from the list of fundamental rights by 44th amendment. Right to property now is an ordinary legal right. Thus there are now 6 categories of fundamental rights. These are:

 (1) Right to equality (Arts. 14-18).

In this category there are five rights

  • Equality Before Law:- Equality before law is well defined under the Article 14 of the Constitution which ensures that every citizen shall be likewise protected by the laws of the country. It means that the State will not distinguish any of the Indian citizens on the basis of their gender, caste, creed, religion or even the place of birth. The state cannot refuse equality before the law and equal defense of the law to any person within the territory of India. In other words, this means that no person or groups of people can demand for any special privileges. This right not only applies to the citizens of India but also to all the people within the territory of India. Equality means that equals should be treated equally.
  • Abolition Of Discrimination On Grounds Of Caste, Race, Sex Or Religion:- The right of Social Equality and Equal Access to Public Areas is clearly mentioned under the Article 15 of the Constitution of India stating that no person shall be shown favoritism on the basis of color, caste, creed language, etc. Every person shall have equal admittance to public places like public wells, bathing ghats, museums, temples etc. However, the State has the right to make any special arrangement for women and children or for the development of any socially or educationally backward class or scheduled castes or scheduled tribes. This article applies only to citizens of India.
  • Equality in public employment, Article 16 of the Constitution of India clearly mentions that the State shall treat everyone equally in the matters of employment. No citizen shall be discriminated on the basis of race, caste, religion, creed, descent or place of birth in respect of any employment or office under the State. Every citizen of India can apply for government jobs. However, there are some exceptions to this right. The Parliament may pass a law mentioning that specific jobs can only be filled by candidates who are residing in a particular area. This requirement is mainly for those posts that necessitate the knowledge of the locality and language of the area. Apart from this, the State may also set aside some posts for members of backward classes, scheduled castes or scheduled tribes which are not properly represented in the services under the State to uplift the weaker sections of the society. Also, a law may be passed which may entail that the holder of an office of any religious institution shall also be a person professing that specific religion. Though, this right shall not be granted to the overseas citizens of India as directed by the Citizenship (Amendment) Bill, 2003.
  • Abolition of untouchability, Article 17 of the Constitution of India abolishes the practice of untouchability in India. Practice of untouchability is declared as a crime and anyone doing so is punishable by law. The Untouchability Offences Act of 1955 (and now Protection of Civil Rights Act in 1976) states punishments for not allowing a person to enter a place of worship or from taking water from a well or tank.
  • Abolition of titles. Article 18 of the Constitution of India prohibits the State from granting any titles. Citizens of India are not allowed to accept titles from a foreign State. Titles like Rai Bahadurs and Khan Bahadurs given by the British government have also been abolished. Nevertheless, academic and military distinctions can be conferred upon the citizens of India. The awards of ‘Bharat Ratna’ and ‘Padma Vibhushan’ cannot be used by the beneficiary as a title and is not prohibited by the Constitution of India. From 15 December 1995, the Supreme Court has sustained the validity of such awards

 (2) Rights to freedom.

(Arts. 19-22) these now include six freedoms-

  • Freedoms of speech and expression,
  • Freedom of assembly without arms of association,
  • Freedom of movement,
  • Freedom of residence and
  • Freedom of profession oroccupation.

Each one of these six freedoms is subject to some restrictions. For rights can never be absolute. Individual rights must be reconciled with the interests of the community. It is logical that equal rights for all must mean limited rights for any. Hence, the state may impose ‘reasonable restrictions’ upon the exercise of any of these rights.

Restrictions

Firstly, the state may impose restrictions on the exercise of the right to freedom of speech and expression on eight grounds. These are:

  1. defamation,
  2. contempt of court,
  3. decency or morality,
  4. security of the state,
  5. friendly relations with other states,
  6. incitement of offence and,
  7. sovereignty and
  8. integrity of India.

Secondly, the freedom to assemble is subject to two restrictions. The assembly must be peaceable and the members of assembly must not bear arms. However the Sikhs are allowed to carry ‘Kirpan’ as part of their religious creed. In the U.S.A. right to bear arms is fundamental right. In India, this right is denied in the interest of public order.

Thirdly, the right to form associations or unions does not entitle persons to enter into criminal conspiracy either against individuals, groups or against the state.

Fourthly, the right to move freely or to reside and settle in any part of India, does not cover trespass into homes or restricted areas. State also may restrict this freedom to protect the aboriginal tribes.

Finally, the right to practice any profession or to carry on any occupation, trade or business are also subject to reasonable restrictions. Thus professions or, trade or, business must not be harmful to the interest of the community. The state may also prescribe qualifications for particular profession or, technical occupation. The state may itself carry on trade or business to the exclusion of citizens.

Power of Courts to enforce freedom of citizens of India

Every Indian citizen has the power to move the High Court or the Supreme Court for protecting and securing his personal freedom. The Courts are empowered to issue writs in the nature of habeas corpus. The courts can order the presence of detained or imprisoned person and set him free in case there is no legal justification for his detainment or imprisonment.

Rights to Freedom during National Emergency

The rights to freedom under Article 19 of Indian constitution are suspended during the period of National Emergency declared by the President of India.

Further, during the period when the National emergency is in operation, the President is empowered to suspend the right of citizens to move the Supreme Court for the enforcement of their personal freedom.

Conclusion

Each one of the fundamental freedoms guaranteed by the constitution of India is hedged by many restrictions. They are not absolute. This led to the criticism that Indian freedom is a myth and not reality for what has been given with one hand has been taken away with the other.

This criticism is unfair. For fundamental rights can nowhere be absolute. For logically, one can be absolutely free only when all others are absolute, slaves Individual freedom to be real must be social and hence must be limited.

There is a difference in the scheme of limitations on fundamental rights in the U.S. constitution and in the constitution of India. In the U.S.A. the restrictions are not mentioned in the constitution itself. This is left to judicial interpretations. In India on the other hand, the restrictions are mentioned in the constitution itself. It is not left to the vagaries of judicial interpretation.

On the whole fundamental rights everywhere are restricted or, limited. As Mr. Justice Mukherji observed in A. K. Gopalan vs. State of Madras case” There cannot be any such thing as absolute or uncontrolled liberty wholly freed from restraints.”

These freedoms are however not without limitations.

(3) Rights against exploitation (Arts. 24 and 25)

Include prohibition of traffic in human beings and prohibition of child labour.

(4)  Rights to freedom of religion (Arts. 25-28)

Include  freedom of conscience and freedom of religion. Citizens are free to profess and practice any religion. These provisions make India a secular state.

 (5) Cultural and Educational rights (Arts. 29-30)

Include right to protection of language, script and culture given to the minorities. The minorities are also given the right to establish and administer educational institutions of their own.

(6)   Right to constitutional remedies (Arts. 32-35)

Provides for enforcement of fundamental rights through the judicial process.Dr BR Ambedkar  expressed it to be the heart and soal of Indian constitution.

Thus the constitution contains an elaborate scheme of fundamental rights. But the fundamental rights in India are not absolute. They are hedged by many limitations. Indeed, fundamental rights cannot be absolute anywhere in the world. Countries differ only in their degree of limitations on fundamental rights.

Part IV-A was added by the 42nd Amendment Act, 1976. It encompasses Part IV, Article 51A enu­merating Ten Fundamental Duties of the Citizens of India.

There is no provision in the Constitution for direct enforcement of any of these Duties nor for any sanction to prevent their violation.But it may be expected that in determining the Consti­tutionality of any law, if a Court finds that it seeks to give effect to any of these duties, it may consider such law to ‘be reasonable’ in relation to Article 14 or 19, and thus save such law from unconstitutionality.

Ancient Indian Cultural System & Ideals

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    Varina Vyavastha or Varina System

     

    Vedas prescribe that all human beings should leave ignorance, get educated, select a profession for himself based on his “tatva” (basic traits) and education, take a vow to follow such a profession, and follow such a profession.

     

    Vedas classifies all profession into three viz. “Knowledge based”, “Justice / state administration based” and “finance / economics based”. Though all professions include some or other aspect of knowledge, administration and economics but the key element in each profession can be acknowledged to anyone of the given three.

     

    • A follower of a “Knowledge based” profession is called a “Brahmin”;
    • A follower of a “Justice / state administration based” profession is called a “Kshatriya”;
    • and a follower of an “finance / economics based” profession is called a “Vaishya”.
    • Anyone who is not following any profession is called a “Shudra”.

     

    These four classification of human beings are called the four “VARINAS”.

     

    However, the above are not strict rules but the core rules of classification. There can be many exceptions / inter changeover / etc in the Varinas of people. For example,

     

    – A Shudra after he acquires requisite knowledge / experience and devotes himself to any profession acquires the status of a Brahman, Kshatriya or a Vaishya, as the case may be. No shastra prohibts any erson from gaining education or bhakti.

     

    – One may at the beginning of the career be working as a manager in a commercial company. He is a Vaishya then. After years of experience he started teaching principles of management in colleges, then he becomes a Brahmin.

     

    – A Brahmin’s son / daughter would normally have more tendencies to indulge in knowledge based profession and hence become a Brahmin but he choose to go otherwise also. Similarily with others also.

     

    All humans by birth are Shudra. At different stages of life, they complete their basic education, their basic traits identified, etc depending on which they take on some profession for themselves. At such a time, that person is called to taken a re-birth. That is why, Brahmins, Kshatriyas, and Vysyas are called DWIJ (twice born).

     

    The system of VARINA (VARINA VYAVASTHA) has nothing to do with Caste System, which is not supported by Vedic Literature. It also has nothing to so with the system of using the surinames.

     

    The Varina of a person is also often called, the Dharma of that person.

     

    Ashram System:-

     

    The word Ashrama is derived from the Sanskrit root ‘Srama’ which means to exert oneself. Hence, Ashrama stands to mean (i) the place where exertions are performed, (2) the action of performing such exertions is initiated. In the words of P.H. Pradhu, “The word, therefore, signifies a halt, a stoppage on a stage in the journey of life just for the sake of rest in a sense in order to prepare oneself for the further journey. He further says that “The Ashramas then are to be regarded as resting place during one’s journey on the way to final liberation which is the final aim of life.

     

    Vyasa has remarked in the Mahabharata that the four stages of life form a ladder or a flight of four steps. These lead to Brahmana which means that through them a person can reach the region of Brahma.

     

    Ashramas are regarded as different stages in the life of an individual which train him for some period and the individual exerts himself in the same order to qualify himself for the next stage of life.

    The Four Ashramas:

    1. Brahamacharya Ashrama:

     

    The first stage of life is called Brahmacharya Ashrama. A boy enters this Ashrama through the performance of Upanayana ceremony. Through this initiation rite, a person is said to be reborn (Dwija). The age of initiation into the first stage of life differs from Varina to Varina. The initiation ceremony takes place for a Brahmin at the age of 8, for Kshatriya at the age of 10 years and a Vaishya at the age of 12 years. The Sudra child is not allowed to go through the first stage, as he was traditionally not allowed to have education. The initiation ceremony can be postponed upto 12 years for a Brahmin, up to 14 years for Kshatriya and upto 16 years for a Vaishya.After the initiation rites are over, the education begins at the residence of a teacher (Gurukula). The student is required to learn the Vedas which contain the cultural traditions of the Aryans. His speech and thought must be pure and guarded by the studies of the Vedas. The life of the student is regulated in such a manner that there is a balanced development of personality. Strict discipline is required of a student and he has to lead a hard life. He is required to restrain his senses. The control over the senses also means control over sex desires. The student is also observance of complete celibacy. In this manner the life of brahmachari is a life of discipline.The place of this Ashrama is the residence of Guru. This Ashram is completed by the time a man attains the age of 25 years. The duties of studentship include the life of austerity, service to the teacher, reverence and respect.

     

    1. Grihastha Ashrama:

     

    With the completion of the life of studentship, the next stage of life begins which is called Grihastha Ashrama or the life of a householder. This stage starts with his marriage ceremony. Marriage is more a social obligation as its main purpose is the performance of Dharma and the perpetuation of family as well as the continuation of the group through progeny.According to the Ashrama system, the Dharma of a householder consists of performing the five Maha Jajnas or the five great sacrifices.These Maha Jajnas are offered to Brahma and is called Brahma Jajna. Pitri Jajna, Deva Jajna, Bhuta Jajna and Nara Jajna. Brahma Jajna is conducted by the recitation of the Vedic Mantras. Pitri Jajna is done by offering Tarpan, that is to say, offering of water and food. This is commonly known as Sradha. Deva Jajna is done by offering burning obligations to the Gods. Bhutas are satisfied by sacrifice. Nara Jajna is performed by receiving and entering guests at home. Of these five Jajnas, the first three refers to Deva Rina, Rishi Rina and Pitri Rina.Apart from this, a householder is also supposed to offer food to animals, saints and anybody who happened to pass through, by chance. People belonging to the other three Ashramas depend upon the Grihastha and it is the duty of householder to satisfy birds, animals and insects and persons belonging to all the social rungs. The Pancha Maha Jajnas include a wider field of social duties including men and bhutas.

    This Ashram is mainly meant for the satisfaction of man’s material and emotional urges, i. e., ‘Artha’ and ‘Kama’. The Hindu as a householder is expected to fulfill his acquisitive and instinctive urges within the frame-work of Dharma. The age at which a person enters into this Ashrama is about 25 years.

     

    1. Vanaprashta Ashrama:

     

    It is the third Ashrama of life and an individual is expected to enter this stage at the age of 50. In the Vanasprastha Ashrama a person has to leave his family and the village too. He is expected to hand over all the household responsibilities to his grown up children and he must go to the forest.The person must live in the forest to bring under control his senses of enjoyment (Niyatendriyah). He has to eat only fruits and vegetables and he should not touch meat. His clothes must be of deer skin or the bark of tree. He is must practise ‘Tapas’ (penance) to purify his body and soul. In this manner a Vanaprasthi must devote himself to study and meditation.

     

    A Vanaprasthi must lead a life of self-control and friendliness and charity to others. If a person dies during Vanaprastha Ashrama he will attain Moksha.Although a Vanaprasthi used to live in the forest and his wife was allowed to live with him, it was for the sake of humanity that they lived together. The presence of the wife is permitted to facilitate the performance of social duties. The affiliations and associations of the householder come to an end.

     

    1. Sanyasa Ashrams:

     

    It is the last Ashrams of life after passing through the Vanaprastha Ashram the person enters the last Ashrams, i.e. Sanyasa Ashrams at the age of 75 years. In this Ashrams a person breaks off all attachment with the world. In this stage a person is expected to devote his entire time towards meditation to recognize subtle nature of the supreme soul and its presence in all organisms, both the highest and lowest.In different to everything meditation and concentrating his mind on Brahmana. Delighting in what refers to the soul, with himself as his only companion he shall live, waiting for his appointed time to come, desiring the bliss of final liberation.In this manner, the aim of the Ashrams system is to perform the Ashrams Dharma. The Ashrams Dharma is not only social in its implications but it emphasizes renunciation of the world in the Vanaprastha and” Sanyasa Ashrams. Ashrams system is a way of training through which the individual is to attain his end. i.e. Moksha.

     

     

     

    Sanskar Vyavasta

     

    Sanskara are dispositions, character or behavioral traits, that exist as default from birth or prepared and perfected by a person over one’s lifetime, that exist as imprints on the subconscious according to various schools of Hindu philosophy such as the Yoga school. These perfected or default imprints of karma within a person, influences that person’s nature, response and states of mind.

     

    • Garbhaadhan Sanskar:-This sanskar is done to bear progeny that brings good name to the dynasty. It’s also done to keep the dynasty running.

     

    • Pumsavana Sanskar”-This sanskars is geared towards the intellectual and mental development of the baby in the womb.

     

    • Simantonayan Sanskar:-This sanskar is done during the 4th, 6th and 8th month of pregnancy. The mother starts teaching its child with this.

     

    • Jaatakarma Sansakar:-This sanskar ensures a lot of bad omens cleared from the infant. Done for the health and age of the child.

     

    • Naamkaran Sanskar:-As clear from the name itself, this sanskar is done to decide the name of the infant. Usually, it is done on the 11th day of the birth.
  • Nishkraman Sanskar:-It’s done in the 4th month after the birth. It is done to invoke the blessings of five elements of the nature.

 

  • Annaprashana Sanskar
  • This is done during the teething period of the child. After this, feeding the grains, cereal etc. is started.

 

  • Mundan Sanskar:-The removal of the hair is done during this sanskar. It is believed to strengthen the head of the child and also increase intellectual power.

 

  • Vidyaarambha Sanskar:-As clear from the name itself, it is done to start the formal education of the child.

 

  • Karinavedh Sanskar:- it is a sanskar about piercing the ears. It is believed to have some relationship with the brain and acupuncture.

 

  • Yagyopaveet Sanskar:-It is done during the study of the child. It is also called Upanayana sanskar which means bringing close to the eye of the guru. Through this, the child gets strength, energy, and splendor.

 

  • Vedarambha Sanskar:-it is done for the starting of study of the Vedas.

 

  • Keshant Sanskar:-it is related to removing the hair. This is done after completing the studies.

 

  • Samavartan Sanskar:-It is done to mark the reentry of the child from the gurukula back to the society. It prepares the child for the further struggle of life.

 

  • Vivah Sanskar:-It is done for marrying the child, basically oriented to keep the creation going on. It is believed that the pitririna is cleared after this.

 

  • Antyesti Sanskar:-It is the last sanskar done during the sojourn on earth. After the person dies, according to various techniques mentioned in the Vedas, the body is given to fire.

 

 

 

Doctrine of Purushartha

 

The hindu attitude to life and daily conduct is oriented towards four noble ends of man.these four nobles ends are exemplified in the hindu dharmashastras as the “purusharthas”.the concept of puruushartha is the fundamental principle of the indian social ethics.the word purushathas implies attainments or life purposes.according to this concept ,the aim of every person is to attain four noble ends or purusharthas.they are arth,dharma,kama and moksha.these purusharthas govern the hindu view of life.they are the guiding principle of life for the hindus at all stages of their life.the entire hindu social organization is built on the foundation of the prusharthas.

  • Dharma(the principle of righteousness):-Dharma is the supreme principle of life.it is the major end in humans life.the word dharma is derived from the sanskrit root dhri meaning to hold together ,to sustain or to preserve.it holds together the whole universe.it is essential for maintaining the stability of society.as dr.radhakrishnan has pointed out “every form of life ,every group of men has its dharma which is the law of its beings.dharma or virtue is conformity with the truth of things,adharma,rice,is opposed to it”.gita ,veda,upanishads equated dharma with rta or truth and treated it as a cosmic principle .
  • From the point of view of mimasa philosophy ‘dharma means moral code of conduct to be observed by all human beings in every sphere of the is activity and it holds good for all times to come.dharmashastras also insists upon on the universal form of dharma.it was intended to enable man to reach was deemed to be the goal human existence.To mahbharatha “dharma is created for the well being of all creation”.dharma is not a religion.it is a living experience.it is the guiding principle of life,a complete rule of life.it leads way towards ultimate reality.dharma is often connected with happiness and liberation.scholars have spoken different types of dharma like samanya,raja,stree,varina,ashrama,etc.vedas constitute main source of dharma.

 

  • Artha(wealth)-purusharthas:-The term ‘artha refers to wordily prosperity such as wealth and power.it is acquiring wealth by honest man.a man is unable to conduct his life so long as the material means of living are not available.without artha no desire(kama)can be satisfied.poverty is no ideal.economic stability is the basis of social stability,individual advancement and spiritual attainment. The pleasure of giving charity comes only when there is something to give.hence artha or wealth helps to sustain and enrich life.

The importance of wealth in this world was fully raised by koudilya.to him wealth is the basis of human requirements and that social well being  depends ultimately on material prosperity.to manu”the whole vedas constitute the first source of artha”.the practice of virtuous men,smritis,the truth are other source of artha.

 

  • Kama(pleasure or desires):-Kama refers to the desires in man for enjoyment and satisfaction of the life of the senses.it refers to some of the innate desires and urges in man.it springs human mind,the moment one is born.it is the essence of life.with the passing of the time desires increased.these desires influence and determine social action in many ways.without it living would appear to be very cruel and meaningless.the theory of purusharthas makes sufficient provision for the enjoyment of life.

Kama involves sexual,emotional and aesthetic life.the healthy development of personality calls for the expression of emotions.kama represents such an emotional expression.it is often regarded as one of the six enemies if human beings.but it is equally true that human being cannot continue as a race without the realisation of kama which helps the propagation of species.

 

  • Moksha(liberation or spiritual freedom):-Moksha is the ultimate aim.when the end of human action is salvation or liberation from the bondage of the world ,it is called moksha.it is the supreme aspiration of man.all our activities are directed to the realization of this end.the trivargas (arth,darma.kama) are the means for the attainment of this supreme end.moksha is alone called chaturvarga.through meditation,knowledge,devotion and correct action,moksha or salvation can attain.

 

 

Doctrine of Rina

The concept of rina, the human indebtedness or the primary obligation, is unique to Indian tradition. It is in fact the source of dharma, because it weans one away from desire-gratification and leads towards duty-fulfillment.

 

Rina, according to Panini the great grammarian, signifies a want or a deficiency.

 

Taittiriya Samhita it speaks about three kinds of basic indebtedness every human being carries with him or her. They are the debt one owes – (a) to his ancestors (pitr), (b) to the sages/seers (rishi) and(c) to the Gods (deva).

 

The Shathapatha Brahmana adds one more .The fourth one is the debt one owes to his fellow beings.

 

These texts suggest the ways of liquidating the debts or fulfilling the obligations one is born with. These are briefly, as under.

 

  • Pitr : by bringing up a family, by getting and raising children in a proper manner.

 

  • Rishi : by study and by understanding the cultural context into which one is born.

 

  • Deva : by honoring , worshipping the elemental and natural (environmental) forces like sky,air,water,earth,rivers, mountains , plants etc.(Rig Veda refers to these Devas as “luminous ones”.) and

 

  • Fellow beings : by cultivating compassion, fellow- feeling (saha bhava) and by showing hospitality.

 

It further says that the fulfillment of these obligations should be the preliminary aim of human beings and it would add value to their life. The Atharva remarks, pursuit of the four purusharthas would be meaningful when one fulfils ones primary obligations or is in the process of doing so.

 

Chandogya Upanishad (2.23) describes the duties in three stages of life as “off shoots or branches of Dharma” (trayo dharma_skandha). This mentions the obligations and privileges of a householder, hermit and a student. Rina is at the core of this trayo dharma

 

The Emperor Ashoka (272 to 132 BC) in his edicts highlights a person’s indebtedness (rina) to parents and elders and calls upon the people to live in accordance with the dharma and not interfere with the natural order (rta). In one of the edicts, he points out that practice of dharma is not possible for a person devoid of good conduct. In another edict he proclaims that if a person practices great liberty but does not possess self-control (sayama_bhava), purity of thought (sudhi) gratitude (kitaranta) and firm devotion (dridhabhatita), it is of no avail.

 

In Indian tradition, the practice of art, be it music, dance, literature or other forms art, is an act of worship. The traditional artist through his creation pays homage to his ancestors (pitrs) and rishis (his teachers). He views the public services he creates (temples, dams, tanks, buildings etc.) as fulfillment of his obligation to his fellow beings. Even poets, philosophers and writers conclude their work with a prayer seeking welfare of all beings.

 

Doctrine of Rita:-

Rita is the physical order of the universe, the order of the sacrifice, and the moral law of the world. Because of rita, the sun and moon pursue their daily journeys across the sky, and the seasons proceed in regular movement. Vedic religion features the belief that rita was guarded by Varuna, the god-sovereign, who was assisted by Mitra, the god of honour, and that the proper performance of sacrifices to the gods was necessary to guarantee its continuance. Violation (anrita) of the established order by incorrect or improper behaviour, even if unintentional, constituted sin and required careful expiation.

 

 

Pre-Harappan Period

    Lower Paleolithic   Hand axe & cleaver industries Pahalgam, Belan valley (U.P),  
    (600,000 – 60,000 BC)     Bhimbetka, Adamgarh, 16 R Singi Talav  
    Middle Paleolithic   Tools made on flakes Bhimbetka, Nevasa, Pushkar, Rohiri  
    (150,000 – 40,000 BC)     hills of upper sind  
    Upper Paleolithic   Tools made on flakes & blades Rajasthan, Parts of Belan & Ganga  
    (45,000 – 10,000 BC)     Valley (U.P).  
    Mesolithic/ Microlithic   Parallel sided blades of chert, Bagor (Raj), Langhnaj (Guj), Sarai  
    (10,000 – 7000 BC)   chalcedony, jasper, agate Nahar Rai, Chaopani Mando, Mahdaha,  
              Damdama (U.P), Bhimbetka, Adamgarh.  
    Neolithic   Earthern pots Mehrgarh (Pak) Gufkral & Burzahom  
    (8000 BC – 2000 BC)     (J&K), Mahgara, Chopani Mando,  
              Kodihwa in Belan Valley (U.P.) Chirand  
              (Bihar).  
    Chalcolithic   Distinct painted pottery Cultures: Ahar culture (oldest), Kayatha,  
    (3000-900 B.C.)   Fire worship widespread. Malwa culture, Salvada culture, ,  
              Prabhas culture, Rangpur culture &  
              Jorwe culture (newest).  
    Copper Hoard Culture   Harpoons, Antennae swords, Gungeria (M.P-largest)  
            Anthromorphs    
    OCP Culture   Pottery with bright red slip & All over gangetic plain with same  
    (Ochre coloured pottery)   painted in black. regions as that of copper hoard culture.  
    •Ahar people (Aravalli region) – distinctive black & red ware decorated with white designs.  
    •Prabhas & Rangpur wares have a glossy suface due to which they are called lusturous red ware.  
    •Jorwe culture (Maharashtra) – painted black on red but has a matt surface treated with a wash.  
             

 

 

 

 

 

Select Harrapan Cities (Chalcolithic Age)

  
1.   Harappa   Great granary, 40 % of total seals found here; Seals usually made of steatite  
      [Dayaram Sahni]   depicting elephant, bull, unicorn, rhinoceros; figurines – torso  
2.   Mohenjodaro   “Mound of the dead”; largest of all cities; Great Bath; granary; city was  
      [R.D Banerjee]   flooded occasionally, figurines of yogi, bronze dancing girl, seal bearing  
          Pashupati.    
3.   Lothal   [S.R. Rao]. Earliest cultivation of rice; Fire altars  
           
4.   Kalibangan   [A. Ghosh]. Fire Altars showing cult sacrifice;  
             
5.   Dholavira,   [R.S. Bisht]    
6.   Banwali   [R.S. Bisht] Fire Altars;    
7.   Mehrgarh   Evidences of cotton;    

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Indus Valley Civilization

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

  Indian Religious Books
Puranas Divided into sarga, pratisarga, manvantantar, vamsa (genealogical list of kings) &
  vamsanucharita. 18 main puranas & 18 subsidiary puranas.
Vedas Meaning “knowledge”. Rigveda (hymns), Yajurveda (sacrificial formulae), Atharvaveda
  (magical charms & spell), Samveda. Vedas are called aparusheya (not created by man) &
  nity
Upanishads About 200 in number. Deal with philosophy. Oldest & most important are Chhandogya &
  Brihadranyaka. Other important are Kathak, Isa, Mundaka, Prasna etc. Do not believe in
  sacrificial ceremonies.
Brahmanas Talks about vedic hymns, their application, stories of their origin. Each Brahmana is
  associated with one of the four VedasAitareya brahmana is associated with Rig Veda &
  Satapatha Brahmana with Yajur veda.
Aranyakas Meaning ‘the forest books’. They discuss philosophical meditation  & sacrifice.
Vedangas Evolved for proper understanding of the Vedas. Six in all: Siksha (phonetics), Kalpa
  (rituals), Vyakarina, Nirukta (Etymology) Chhanda (metrics) & Jyotisha.
Vedanta Advaita Vedanta of Adi Sankara.

 

 

 

 

Ancient Books & Authors

1. Mudrakshasha (Chandragupta Maurya defeating the Nandas); Vishakhadatta
  Devichandraguptam  
2. Malavikagnimitram (Pushyamitra Sunga) Kalidas
3. Gudavaho (Yasovarman of Kannauj) Vakpati
4. Vikramanakadevacharita (Chalukya king Vikramaditya) Bilhana
5. Kumarapalacharita Jayasimha
6. Hammirakavya Nyayachandra
7. Dvayashraya Mahakavya; Sapta Sadhana Hemchandra
8. Navashasankacharita Padmagupta
9. Bhojaprabandha Billal
10. Prithvirajcharita Chandrabardai
11. Meghaduta; Raghuvamsa; Kumarasambhava; Vikramorvasiyam Kalidas
  Abhijnanashakuntalam (Drama);  
12. Mrichakatika Sudraka
13. Uttarama-Charita; Malati Madhava Bhavbhuti
14. Amarakosha Amarasimha
15. Si-yu-Ki Hiuen Tsang
16. Brahmasiddhanta; Khandakhadya Brahmagupta
17. Dasakumaracharita Dandin
18. Astanga-Sangraha; Astanga-Hirdaya-Samhita Vagabhatta
19. Panchsiddhantika; Suryasiddhanta; Brihatsamhita Varahamihira
20. Karpuramanjari; Bala Ramayana; Bala Bharata; Kavyamimamsa; Rajshekhara
  Bhuvana Kosha; Haravilasa  
21. Adinathacharita (Jaina Narrative) Vardhamana
22. Shantinathacharita (Jaina Narrative) Devachandra
23. Parsvanathacharita (Jaina Narrative) Devabhadra
24. Prithviraja Vijay Jayanka
25. Karinasundari Bilhana
26. Saraswati Kanthabharana Bhoja
27. Dasharupa Dhananjaya
28. Harikeli Nataka Visaladeva
29. Prasannaraghava Jayadeva
30. Siddhanta Shiromani [4 parts – Lilavati, Bijaganita, Grahaganita & Bhaskaracharya
  Gola (on Astronomy)]  
31. Rajmariganka (On Astronomy) King Bhoja
32. Chikitsakalika or Yogamala Tisata-Vagbhatta’s Son
33. Mitakasara Vijnanaeshvara
34. Nitishastra (On Polity) Mathara
35. Nitisara  (On Polity) Kamandaka
36. Sushruta Samhita (encyclopedia on surgery) Sushruta
37. Charaka Samhita (Teachings of Atreya) Charaka
38. Buddhacharita, Vajrasuchi, Suandarananda Asvaghosha
39. Mahabhasya Patanjali
40. Harshacharita, Kadambari Banabhatta
41. Ravan Vadha Bhattin

 

 

 

 

 

Famous Inscriptions

Inscription King     Aspect
Junagarh Rock Rudradaman (Saka)   Sanskrit. Says that a dam on the sudarshana lake
            was constructed by Pushyagupta a governor of
            Chandragupta Maurya
Allahabad Pillar Samudragupta   Sanskrit. Composed by Harisena
Aihole Inscription Pulakeshin II   Mentions Harsha defeat by Pulakeshin II.
            Composed by Ravikriti Vishnuvardan son of King.
Gwalior Inscription Bhoja     Most famous Pratihara king.
Hathigumpha Kharvela        
Boghaz koi Proves Rig Veda to be   Indra, Varuna, Mitra, two Nasatyas mentioned
[1400 B.C.] more than 1400 BC old.      
Nanaghat Inscription Satkarni I     Achievements of the king
    [Satvahana king]      
Nasik Inscription Gautamiputra Satkarni   Achievements of the king.
Mehrauli Iron Pillar Chandragupta II      
Mandsor Inscription Kumaragupta I   Composed by Vatsabhatti.
Bhitari Stone pillar Skandagupta        
Tiruvalangadu Rajendra I (Chola)   His conquests (annexed whole of SriLanka)
Uttaramerur Cholar Period   Chola village assemblies
Besnagar Inscription Near Vidisa (MP). Mentions Heliodorus the ambassador of king Antialcidas
    called himself Bhagvata & erected garudadhvaja in his honour of Vasudev.
        Buddhist Councils
I Buddhist Council   500 BC at   Ajatsataru .   Record the Buddha’s sayings (sutra) and codify
    Rajgaha   Presided by   monastic rules (vinaya). Rajgaha is today’s
        Mahakasyapa   Rajgir
II Buddhist Council   383 BC at   Kalasoka   The conservative schools insisted on monastic
    Vaishali         rules (vinaya). The secessionist Mahasangikas
              argued for more relaxed monastic
              rules.Rejection of the Mahasanghikas
III Buddhist Council   250 BC   Ashoka..   Purpose was to reconcile the different schools of
    Pataliputra         Buddhism. Presided by Moggaliputta Tissa
IV Buddhist Council   100 AD   Kanishka   Division into Hinayana & Mahayana. Theravada
    Kashmir   Presided by   Buddhism does not recognize the authenticity of
        Vasumitra &   this council, and it is sometimes called the
        Asvaghosha   “council of heretical monks”.
V Buddhist Council   1871   King Mindon   recite all the teachings of the Buddha and
    Myanmar         examine them in minute detail to see if any of
              them had been altered
VI Buddhist Council   1954   P.M. U Nu    
    Yangoon          

 

 

 

 

 

 

 

 

 

 

 

            Nastika Shools of Indian System of Philosophy
Charvaka   Believes only in materialism. No life beyond death, no soul no god.
Jaina     The names of two tirthankaras, Rishabhanath & Aristhanemia finds mention in Rig Veda.
540 BC   Twenty third was Parsva, son of Ishvaku king Asvasena. Said to have flourished 300 yrs
          before Mahavira. Mahavira, the last Tirthankara  born in Kundagrama near Vaisali. His
          father Siddhartha was the head of Jnatrika clan & mother Trisala was the sister of Chetaka,
          a Lichchhavi noble. Chetaka’s dauthter was married to Bimbisara the king of Magadha.
          Mahavira was married to Yasoda. Left home at 30 & attained Kaivalya at 42.  He accepted
          4 doctrines of Parsava & added celibacy to it.  Chandragupta Maurya patronized it. Passed
          away at Pawapuri.
Buddha   Gautama (known as Siddhartha as prince) was born in Lumbini near Kapilvastu to
566 B.C.   Suddhodhana, the king of Sakya republic & Mayadevi who died seven days after his birth.
          Gautama was married to Yasodhara from whom he had a son Rahul. 6 years of meditation
          led to enlightenment. First sermon in Sarinath known as ‘Set in motion the wheel of law’.
          Eight fold paths. Buddhism denies efficacy of vedic rituals & superiority of brahmanas.
          Followers were upasakas & bhikshus. Died at the age of 80 in Kushinagar.
            Astika Schools of Indian System of Philosophy
  Vaisesika       Five elements – Earth, water, air, fire, Ether.  
  Nyaya       Accepts all categories of Vaisesika & adds one Abhava (negation).  
  Samkhya       Oldest of all. Twenty five basic principles first being ‘Prakriti’. Gives  
                doctrine of 3 qualities – virtue (sattva), passion (rajas) & dullness (tamas)  
  Yoga           Salvation through: Yama (self control), Niyama, Asanas, Pranayama,  
                Pratyahara (restrain), Dharana (steady mind), Dhyana & Samadhi.  
  Mimamsa       Recognises Vedas as final authority.  
  Vedanta       Adi Sankara is protagonist. Ultimate reality ‘Brahma’ is one. Highest  
                level of truth is that the whole world that exists is Maya. Ramanuja  
                (founder of Sri Vaishnavism) differed from Sankara on his commentaries  
                on Upanishads & Gita.  
                Forms of Marriage
  1.   Brahma     Duly dowered girl to a man of the same class    
  2.   Daiva     Father gives daughter to a sacrificial priest as a part of his fee    
  3.   Arsa       A token bride price of a cow & a bull is given in place of the dowry    
  4.   Prajapatya     Father gives girl without dowry & without demanding the bride price    
  5.   Gandharva     Love Marriage    
  6.   Asura     In which bride was bought from her father    
  7.   Rakshasa     Marriage by capture, practiced especially by warriors.    
  8.   Paishacha     Marriage by seduction    
  Daiva marriage was considered ideal 7 paisacha the worst.    

 

 

 

 

 

 

 

 

 

 

 

 

 

 

    Dynasties of Ancient Northern India
Dynasty King   Description
Haryanka Bimbisara*   Founded after overthrowing the Brihadrathas. He also annexed
      Anga
  Ajatasatru   Conquered Lichhavis of Vaisali. Also defeated Prasenajit of
      Kosala. Succeded by Udayani who founded Pataliputra.
Sisunga Sisunga   People elected Sisunga as Udayani & his 3 successors were
      unworthy
Nanda Mahapadma   Barber but a great military genius. Defeated many dynasties.
  Nanda*    
Alexander’s Alexander   Defeated Persian King Darius III & marched to India through
Campaign     Khyber pass. King of Taxila offered help.
Mauryas Chandragupta   Educated by Chanakya at Taxila. ‘Parisistha Parvam’ a jain text
  Maurya*   describes that he defeated the Nanda king & became ruler of
  [324-300 BC]   Magadha empire. Defeated Greek, Selecus who had succeded
      Alexander in the eastern part. Selecus sent Megasthenes to his
      court.
  Bindusara   He appointed his two sons, Sumana at Taxila & Ashoka at Ujjain.
  [300-273 BC]   Ptolemy Philadelphous of Egypt sent Dionysius to his court.
  Ashoka   Known as devanampiya & piyadasi. Edicts were in Greek &
      Aramaic in Afghanistan, Prakrit language & Kharosthi script in
      Pakistan. Prakrit language & Brahmi script in other areas. Rock
      Edict XIII (Kalinga war) Bhabru Edict (Buddhism as his religion)
      VII (all sects desire self control & purity) XII (equal respect to all
      religion) II (Dhamma – Common code of conduct). Succeded by 6
      Mauryan kings from Dasaratha to Brihadratha.
Sunga Pushyamitra   Army chief of Maurya king Brihadratha killed him while he was
  Sunga   reviewing the army. Succeded by Agnimitra, Jethmitra &
      Vasumitra. Last king was Devabhuiti.
Meghavahanas Kharavela   Hathigumpha inscription on Udaigiri hills near Bhubneshwar
      refers his achievement till 13th year. Ruled Kalinga.
Satvahanas of Simuka*   Satvahanas also known as Andhras. Succeeded by Krishna,
Deccan [235-213 BC]   Satkarni I, Satakarni II, Gautamiputra Satakarni, Pulmavi II, Sri
      Yajna Satakarni.
Indo Greeks Menander   Ruled in Pakistan region. Converted to Buddhism by Nagasena.
      Milindapanho is related to their conversation.
Sakas Nahapana   Sakas also known as Scythians were driven out of their original
      home land by Yueh Chi who later came to be known as Kushanas.
      Nahapana ruled in western India.
  Rudradaman   Junagarh Rock Inscription talks about him. He undertook the
  130-150 AD   repairs of the Sudarsan dam built by Pushyagupta, governor of
      Chandra Gupta Maurya. Ujjaynii was capital. Dynasty came to an
      end with the last king being defeated by Chandragupta II in 390
      AD
Kushanas Kadphises I   Also called Kujula Kadphises.  Kadphises I was succeded by his
      son Wema Kadphises or Kadphises II – devotee of Shiva.
  Kanishka   Succeded Kadphises II. Capital of his vast empire was Purushapur
  73 – 101 AD   or modern Peshawar.

 

    The Guptas & Later Period
Guptas Chandragupta I Sri Gupta was the first Gupta king followed by Ghatotkacha.
  AD 320 AD Chadragupta I was Ghatotkacha’s son.
  Samudragupta Son of Chandragupta I. Undertook south India campaign.
    Meghavarina, King of Srilanka sent an embassy to his court to
    build a monastery at Bodh Gaya.
  Chandragupta II Son of Samudtragupta & Duttadevi. Married his daughter
  380-413 AD Prabhavatigupta to Rudrasena II of Vataka dynasty. Defeated
    Sakas & took the title of Vikramaditya.
  Later Guptas Kumaragupta I, Skandagupta (Inflicted a crushing defeat on the
    Hunas; repair of the dam on Sudarsana lake built by chandragupta
    maurya & earlier repared by Rudradaman I.
Post Gupta From the decline of Gupta & the rise of Harsha there flourished four major kingdoms
Peiod in north India: Guptas of Magadha, Maukharis (around Kanauj), Maitrakas
  (Saurashtra – Vallabhi as capital), Pushyabhutis of Thaneshwar (Uttaranchal).
Pushyabhuti Harshavardhana Son of Prabhakarvardhana of Pushyabhuti of Thaneshwar. Brother
  606 – 647 AD of Rajyavardhana & Rajyasri (sister married to Maukhari king,
    Grahavarman of Kanauj, later killed by Sasanka of Gauda). Also
    known as Siladitya. Gauda was later divided between him &
    Bhaskarvarman, the king of Kamarupa.
Deccan & Vatakas (Deccan) – Vindhyasakti*, *Pravarasena*. Replaced by Chalukyas.
South India Rashtrakutas – Dantidurga I*. They succeded Chalukyas of Badami.
  Western Gangas (Mysore) – Konkanivarman Dharmamahadhiraja*
  Kadamba Dynasty of Banavasi – Mayursarman*, *Kakusthavarman*
  Pallavas of Kanchipuram – Simhavishnu, Mahendravarman , *Narsimhavarman*
  Later Kanauj was ruled by Yashovarman (discussed in Vakpati’s Gaudavaho)
Gurjara Nagabhatta I* After Nagabhatta I came Vatsaraja who defeated Dharmapala but
Pratiharas   was in turn defeated by Rashtrakuta king Dhruva. Dhramapala
    taking advantage installed his nominee chakrayudha at Kanauj
  Nagabhatta II Defeated Chakrayudha & captured Kanuaj & defeated
    Dharmapala. Ramabhadra succeded him
  Bhoja Succeded his father Ramabhadra. Defeated Rashtrakuta king
    Krishna II. He was devotee of Vishnu & took the title of
    Adivaraha.  He was followed by great ruler Mahendrapala I
Palas Gopala* Elected by people to end Matsyanyaya (interinal disorder). Next
    was Dharmapala who installed Chakrayudha at Kanauj but was
    defeated by Dhruva.
  Devapala Most mighty pala king.
Rashtrakutas Dantidurga* Dantidurga was succeded by his uncle Krishna I (built Kailasha)
  Dhruva Defeated both the Pratihara king Vatsaraja &Pala  Dharampala.
    Was succeded by Govinda III & later Amoghavarsha I. Later
    came Indra III (defeated pratihara Mahipala I) & Krishna III
Kamarupa Bhaskarvarama Ruled by single dynasty from the time of Mahabharata upto middle
    7th century till Bhaskaravarma (ally of Harsha). Dynasty came to
    an end after his death.

 

 

 

 

 

 

 

                      South India  
    Cholas Karikala   Defeated joint forces of Chera & Pandyas. Also conquered Sri  
                  Lanka. Capital was at Puhar (Kaveripattanam)  
    Pandyas Nedunjeliyan   Capital at Madurai & port at Korkai. Defeated Cholas & Cheras  
    Cheras Nedunjeral   Cheras are also known as Keralaputras. Nedunjeral Adan &  
            Adan   Sengutturan were the greatest king.  
                    Kings & their Court Jewels  
    1.   Pushyamitra Sunga   Patanjali    
    2.   Mahendrapala I (Pratihara)   Rajshekhara    
    3.   Kanishka         Parsva, Vasumitra, Ashvaghosha, Charaka, Sushruta, Nagarjuna    
    4.   Chandragupta II   Kalidas, Fa-Hien, Varahamihira    
                    Monuments of Ancient Period  
  1.   Udaygiri Caves     During Chandragupta’s reign at Vidisha, M.P.  
  2.   Angorwatt Temples     Suryavarman Ii  
  3.   Vikramashila University     Pala King Dharampala  
  4.   Kailash Temple (Ellora)     Rashtrakuta king Krishna I  
  5.   Dilwara Temple     Tejapala  
  6.   Rathas of Mamallapuram     Mahendravarman I (Pallava King)  
  7.   Khajuraho temples     Chandelas  
  8.   Martanda temple (Kashmir)     Lalitaditya Muktapida  
  9.   Gommateswara  (Son of Rishabnath) Chamundaraya, Minister of the Ganga King, Rajamalla  
                      (Sravanbelagola, Karinataka)  
  10. Hoysalesvara Temple (at Halebid) Ketamalla, a minister of KingVishnuvardhana (Karinataka)  
                      Mahajanapadas  
              Kasi       Varanasi    
              Kosala       Sravasti    
              Kuru       Indraprashta    
              Kamboja       Rajput    
              Anga       Champa    
              Avanti       Ujjayini & Mahishmati    
              Ashmaka       Potana    
              Malla       Kusinagar & Pawa    
              Magadha       Rajgriha or Giriraj    
              Matsya       Virat Nagari    
              Vajji       Vaisali    
              Vatsa       Kausambhi    
              Surasena       Mathura    
              Panchala       Aichhatra    
              Chhedi       Shuktimati    
              Gandhara   Taxila & Pushkalavati    

 

 

 

 

 

 

 

Mahajanapadas

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Administrative Units & Their Ancient Names

S Administrative Part North India South India
1. Provinces Bhukti Mandalam
2. Divisions Vishaya or Bhoga Kottams or Vallandadu
3. District Adhistana/Pattana Nadu
4. Tehsil Vihtis Pattala/Kurram

 

Jargon of Ancient Period

Lohit Ayas Copper Pradeshika Head of district Administration
Syam Ayas Iron Nagarka City administration
Vanik Traders Jesthaka Chief of a Guild
Gramini Village Head Prathamakulika Chief of artisans
Bhagadugha Tax collector Uparika Governor of Bhukti
Sthapati Chief Judge Didishu Remarried woman
Takshan Carpenter Amatya High official
Niska Unit of currency Dvija Initiation into education
Satamana Unit of currency Yukta Revenue officer in the Mauryan period.
Pana Term used for coin Rajjukas Land measurement & fixing land revenue
Shresthi Guilds Sabha Assembly of few select ones
Vihara Buddhist Monastery Samiti Larger Assembly
Chaitya Sacred Enclosure Dharamamahamatya Most important post created by Asoka.

 

 

 

 

Miscellaneous Facts:

 

  1. The Sangama literature [0-400AD] consists of 30,000 lines of poetry divided into two main groups, Patinenkilkanakku (older) & Pattupattu (newer). Established by Pandyan kings of Tamil region.

 

  1. The credit to complete the chart of Ashokan alphabets goes to James Prinsep.

 

  1. Most of the modern scripts of India including Tamil, Telugu, Kannada, Malayalam, Nagari, Gujarati, Bangla have developed from Brahmi script. Ashokan inscription of Shahbazgari & Manashera are written in Kharoshthi.

 

  1. The earliest coins were punch marked silver & copper coins. They bear only symbol & no inscription or legend. Kushanas (Vima Kadphises – figure of Siva standing beside a bull) issued mostly gold coins.

 

  1. Buddha did not visit Taxila in his life.

 

  1. Some of the important rock painting sites are Murhana Pahar (U.P), Bhimbetka, Adamgarh, Lakha Juar (M.P.) & Kapagallu (Karinatka).

 

  1. The extent of Indus valley civilization was Sutkagendor (Baluchistan), Alamgirpur (Meerut), Daimabad (N. Maharashtra) & Manda (J & K). Harrapan civilization is often referred to as Bronze Age civilization. No unambiguous depiction of horse found on any seal. The largest number of seals depict unicorn.

 

  1. Inscription was from right to left but if more than one line than alterinated to left to right & vice versa.

 

  1. Yoga was in vogue in Indus civilization. Shiva, Mother goddess, trees, linga, yoni were worshiped. Chanhudaro is the only city without a citadel & Surkotada is the only site where the actual remains of a horse have been found.

 

  1. Decline of Harrapa: Wheeler (Barbarian Aryans attack), John Marshall (environment degradation).

 

  1. The Nadisukta hymn of Rig Veda mentions 21 rivers which include Ganga in the east & the Kubha (Kabul) in the west. Saraswati is considered to be the most important. Zero was known in rig vedic times

 

  1. In the vedic age the varinas were not rigid but they became so in the later vedic period & became birth based rather than profession based. Untouchability had not yet reared its ugly head. Jati had not become a rigid system. Bali which was a voluntary gift to chief earlier became a regular tax in the later vedic age.

 

  1. Moksha can be acquired by Gyan, Bhakti & Karma. Four dynasties stand out prominently in the sixth century B.C are Haryankas of Magadha, Ishvakus of Kosala, the Pauravas of Vatsa & the Pradyotas of Avanti.

 

  1. During the time of Ashoka, Pataliputra was administered by a city council of 30 members divided into a board of 5 members each. Sales tax on goods was 10 %. The Ashokan Pilar with Lion Capital is located at Lauriya Nandangarh, Pillar capital from Rampurva & Capital from Sarinath. Seven rock cut chaitya

 

 

 

caves in the Barabar & Nagarjuni hill show that the tradition of rock cut caves in India began with the

 

Mauryas.

 

  1. The indo-Greeks were the first whose coins carried the portraits of kings & their names. Also they were the first rulers to issue gold coins.

 

  1. In the south the old phase is known as the megalithic phase with the burials being marked by abundance of iron tools & a Black & red pottery. It appears there was an abrupt change from Neolithic to iron age, without any significant Chalcolithic or Bronze age.

 

  1. Anuloma (marriage between male of higher varina& female of lower varina) was considered better than Pratiloma (vv). Grihasta ashram had the duties of yajna, adhyayana &dana.

 

  1. Hinayana was the old order. Mahayana introduced concept of Bodhisttavas, worship of Buddha as god (Hinayanists considered him just a great teacher), salvation of all beings, Sanskrit as new language. The development of Mahayana philosophy is ascribed to Nagarjuna who propounded Madhyamika school of Buddhist philosophy popularly known as Sunyavada.

 

  1. The Mathura & Gandhara schools of art flourished during Kushana period. Mathura school had the distinction of producing the first image of Buddha & Gandhara school was a hybrid of Indo-Greek form.

 

  1. The Stupas as Sanchi, Sarinatha, Amaravati, Bharhut are the best examples. I-tsing came to India in 7th century after spending several years in Sumatra & Sri Vijaya learning Buddhism.

 

  1. In south India, among the Nayannar saints, Tirumular’s Tirmurais are prominent. Saiva saints (Nayannars) were 63 in number. Lingayat (founded by Basava – Kalachuri) was other important sect of Saivism in south India influenced by both Sankara & Ramanuja. Vaishnave saints known as Alvars are traditionally 12 in number. Collection of their work is known as Nalayiraprabandham.

 

  1. The first Jaina council was held at Pataliputra by Sthulabahu in the beginning of third century BC & resulted in compilation of 12 Angas to replace the lost 14 Purvas. In the sixth century A.D. the second Jaina council was held at Valabhi under Devaradhi Kshamasramana & Jain canon was defined.

 

  1. The avatars of Vishnu are matsya, kurma (tortoise), varah (boar), narasimha, vaman (dwarf), parasurama, rama, Krishna, Buddha (the enlightened one) & kalki (to appear).

 

  1. West Bengal was known as Gauda & East Bengal as Vanga. Utkala (Orissa), Pragjotishpur (Assam).

 

  1. The king of Suvarinadwipa (modern Malaya), Balaputradeva erected a monastery at Nalanda & requested Devapala to donate five villages for the maintenance.

 

  1. The philosophy of Sankaracharya (Adi Sankara) is known as Advaita meaning ‘non dual’. He believed that absolute reality called ‘Brahma’ is non dual. Jyotirmatha at Badrinath, Sharadapitha at Dwakra,

 

 

 

 

 

Govardhanamatha at Puri & Shringerimatha in south. He organized Ascetics in ten orders – Giri, Puri (city), Bharati (learning), Vana (wood), Aranya (forest), Parvata, Sagara, Tirtha, Ashrama& Saraswati.

 

  1. Angkorvat temple dedicated to Vishnu & the famous Borobudur stupa in Java. The Sailendra dynasty ruled over SE Asia & followed Mahayana Buddhism.

 

  1. Eastern King (Samrat), Western King (Suvrat), Northern king (Virat), Southern King (Bhoja). After partition of India the largest number of Harappan settlements have been found in Gujarat.

 

  1. The utensils of the Harappan people were made of clay. Lead was not known to the Indus valley people. The Aryans came from Central Asia is widely accepted. The Vedic Aryans first settled in the region of Sapta Sindhu.

 

  1. The Gayatri Mantra is addressed to Savitri (associated with sun god). Two highest gods in the Vedic religion were Indra (war god) & Varuna (ocean god). Division of vedic society The oldest mention of varina system (four classes) is in the Purusha sukta of Rigveda. The dasas & dasyus mentioned in the Rig Veda refer to non-Aryans.

 

  1. The Hindu social sacraments such as marriage are performed on the basis of ritual described in the Grihyasutras. The symbols associated with the five great events of the Buddha are birth (lotus & lion), great renunciation (horse), attainment of knowledge (banyan tree), first sermon (wheel), death (stupa & foot prints). According to Buddha the cause of all sorrows is Trishna (attachment).

 

  1. Vinayak Pitaka, Sutta Pitaka, Abhidhamma Pitaka contain teachings of the Buddha. Jatakas are stories of Buddhas previous life. Outside India, Buddhism was first accepted in Sri Lanka.

 

  1. The Mauryan sculptors had gained highest perfection in the carving of Pillars & the most striking feature is their polish. Two great Buddhist stupas rebuilt during the Sunga (were Brahmanas) Period were Dhammekh stupa at Sarinath & the stupa at Sanghot.

Arunachal Pradesh Tax and economic reforms

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Arunachal Pradesh Tax and economic reforms

Major Land Mark Economic Reform Goods and Service tax

The launch of GST on July 1, 2017 was indeed a historic occasion and a paradigm shift as India moved towards ‘One Nation, One Tax, One Market’.

Benefits:

  • Consumers – Removal of cascading in taxes and efficiency gains will bring down the overall cost paid by consumers.
  • Trade and Industry –
  1. It will benefit because of uniform single indirect tax throughout the country, seamless flow of input tax credit, removal of tax related barriers ate inter-state borders, reduced logistic costs, end to end IT enabled system and minimal interface with tax authorities.
  2. Exports will become more competitive and Make in India programme will get a major fillip due to increased ease of doing business and protection from cheap imports as all imports will be subject to integrated GST, in addition to the basic custom duty.
  • Manufacturers – They will be able to take rational decisions with regard to sourcing of raw materials, location of manufacturing and warehousing facilities.
  • Central and State Governments – Will witness tax buoyancy and the tax collection costs will reduce significantly.
  • Ease of doing business –
  1. Simpler tax regime with fewer exemption
  2. Reduction in compliance costs – no multiple record keeping for a variety of taxes so lesser manpower needed
  3. Simplified and automated procedures for various processes such as registration, returns, refunds etc.
  4. All interaction to be through the common GSTN portal – minimal public interface between the tax payers and administration
  5. Harmonization of laws, procedures and rates of taxes

Need for Constitutional Amendment:

  • Indian constitution had clearly demarcated the fiscal powers between Centre and States as per the entries in Union and State list.
  • Centre – Levy tax on the manufacture of goods (except alcoholic liquor for human consumption, opium, narcotics etc.). Centre, alone, is also empowered to levy service tax.
  • State – Levy tax on the sale of goods.
  • In case on inter-state sales, the Centre had power to levy tax (the Central Sale Tax) by the tax was collected and retained entirely by the states.
  • Amendment concurrently empowered the Centre and States to levy and collect GST.

Journey to launch of GST in India:

  • The idea of GST was first mooted in 2000 and a committee was set up under the chairmanship of Asim Dasgupta (the then West Bengal Finance Minister).
  • In 2003, another task force under Vijay Kelkar to recommend tax reforms were formed.
  • During the presentation of 2006-07 union budget, the govt. proposed to introduce GST from April 1, 2010.
  • The constitutional amendment (122nd) bill was introduced in 2014 and finally became act in September 2016. It became the 101st Amendment act.

Constitution (101st Amendment) Act 2016:

  • It empowers both, the Centre and the States, to levy and collect GST.
  • The GST has been defined as a tax on supply of goods or services or both, except supply of alcoholic liquor for human consumption.
  • Thus, alcohol for human consumption has been kept out of the GST by way of the definition of GST in the constitution.
  • On the other hand, five petroleum products viz. petroleum crude, motor spirit (petrol), high speed diesel, natural gas and aviation turbine fuel have temporarily been kept out and GST council would decide the date from which they shall be inducted in GST.
  • Inter-State supply of goods and services (Integrated GST, IGST) would be levied and collected by Centre. It will ensure that the GST is truly destination based consumption tax and there is seamless flow of input tax credit, even when goods and services are moving from one state to another state.

The GST Council of Arunachal Pradesh Tax and economic reforms:

  • The guiding principle of the GST Council is to ensure harmonization of different aspects of GST between the Centre and the States as well as among States with a view to develop a harmonized national markets for goods and services within India.
  1. Chairperson – Union FM,Arunachal Pradesh Tax and economic reforms
  2. Vice Chairperson – to be chosen amongst the ministers of State Govt.
  3. Members – MOS (Finance) and all Ministers of Finance/Taxation of each state
  4. Quorum – 50% of total members
  5. States – 2/3 weightage and Centre – 1/3 weightage
  6. Decision by 75% majority (the weightage of voting has been so assigned that it is not possible for either the Centre or the states to take any decision unilaterally)
  • However, till now all the decisions in the council have been taken by consensus and there has not been any occasion for voting.
  • The difficult issue of cross empowerment and administrative division of tax payers between the states and center was resolved in a true spirit of give and take.
  • Council to make recommendations on everything related to GST including laws, rules and rates etc.
  • The newly created constitutional body, the GST Council, has emerged as a new model of cooperative federalism, where the centre and the states are willing to share and pool in their sovereignty and give fiscal space to each other.

Compensation to the Arunachal Pradesh Tax and economic reforms:

  • As GST is a destination based tax, there was an apprehension that many manufacturing states might lose revenue after implementation of GST.
  • Hence, the act provides for the compensation to the States for loss of revenue arising on account of implementation of GST for a period of 5 years.
  • The compensation act has fixed the revenues of the year 2015-16 as the base year revenues and further a nominal annual growth rate of 14% has been provided.
  • The Act provides for levying of a cess, which shall be used for compensation to the states in case there is loss of revenue. This cess shall be levied on luxury items and goods.

Deciding Tax Rates of Arunachal Pradesh Tax and economic reforms:

  • While deciding tax rates, the council has tried to achieve balance between three objective:
  • To ensure that interests of poor and vulnerable sections of the society are protected and goods of mass consumption and essential commodities remain at affordable level.
  • To ensure that the overall revenues of the States and the Centre are protected.
  • To see that the tax incidence on the goods and services does not increase or decrease substantially from the present incidence of tax.
  • Hence four tax rates of 5%, 12%, 18% and 28% slabs have been decided.

Supporting Medium and Small Enterprises:

  • The law provides for an exemption threshold where by it is not mandatory for a business whose aggregate turnover in a financial year is less than Rs. 20 lakh ( Rs. 10 lakh for special category states) to register.
  • There is also a composition scheme under which an eligible registered person, whose aggregate turnover in preceding financial year did not exceed Rs. 75 lakhs can opt to file summarized returns on a quarterly basis.
  • The taxpayers dealing in goods and restaurant sector can only opt for the composition
  • Under the composition scheme, the manufacturer will pay tax at the rate of 1%, restaurant sector @ 2.5% and traders @ 0.5% of the turnover each under CGST act and SGST act.
  • However, the service providers and the tax payers making inter-state supplies or making supplies through e-commerce operators are not eligible for composition scheme.

Tracking Tax leakages and Corruption:

  • The mechanism of matching of invoices will ensure that the input tax credit of purchased goods and services will only be available if the taxable supplies received by the buyers get matched against the taxable supplies received by the suppliers.
  • The GST Network is responsible for the IT backbone and is geared to generate more than 3 billion invoices per month.
  • It will check tax frauds, tax evasion and would bring more and more businesses into formal economy.
  • Tax payers can register, file returns and make payment of taxes on a single portal on the
  • Even in rare case, if the tax payer is to interact with the tax authorities, he will have to interact with only one authority either from the State govt. or from the Central govt.

Conclusion:

The launch of GST is a transformative reform and will change the way businesses are done in India. Radical change of this magnitude is bound to bring about some pain bu the gains of little pain are going to be many and long lasting for the Indian economy.