Amendment of the Constitution

Amendment of the Constitution

To evolve and change with all changes in the society and environment is a necessity for every constitution. The makers of the Constitution of India were fully aware of this need. As such, while writing the constitution, they also provided for a method of its amendment. Further they of decided, to make the constitution both rigid as well as flexible. They laid down a flexible amendment method in respect of its some parts and for several others they provided for a rigid method.

Method of Amendment

Part XX of The Constitution of India contains only one Article 368. It deals with the power of the Parliament to amend the constitution. It lays down two special methods for the amendment of various parts of the constitution. Along with it the Union Parliament has the power to change some specified features/parts of the Constitution by passing an ordinary law.

1. Amendment by 2/3rd Majority of Parliament

Most parts of the Constitution (with exception of some specific provisions) can be amended by this method. Under this method, the Constitution can be amended by the Union Parliament alone. For this purpose an amendment bill can be passed by each of the two Houses of Union Parliament by a majority of its total membership (i.e. absolute majority) and by a two-third majority of members present and voting in each House. It is a rigid method in so far as it prescribes a special majority for amending the constitution but it is considered to be a flexible method because under it the Union Parliament alone can pass any amendment.

2. Amendment by 2/3rd Majority of the Parliament plus Ratification by at least half of the several State Legislatures

In respect of some specified provisions of the Constitution, a very rigid method of amendment has been prescribed. In respect of these the amendment-making involves two stages:

• First, the amendment bill is to be passed by both the Houses of the Union Parliament by a majority of total membership and a 2/3rd majority of members present and voting in each House.
• Secondly, after this the amendment bill has to secure ratification from at least half of the several State Legislatures (now at least 14 state legislatures).Only then it gets finally passed and incorporated as a part of the Constitution when the President puts his signatures on the bill.

The following provisions of the constitution can be amended by this rigid method:

• Election of the President
• Scope of the executive power of the Union and states
• Provisions regarding Supreme Court of India, High Courts in States and High Courts in Union Territories
• Legislative Relations between the Union and States
• Any of the Lists in the Seventh Schedule
• Representation of States in the Parliament
• The Provisions of Article 368

3. Additional Amendment-making by A Simple Majority in the Two Houses of Parliament

In respect of some provisions of the Constitution the Parliament has been given the power to make necessary changes by passing as a law in the normal way i.e. by simple majority of members of both of its Houses. It is, indeed, an easy method of amendment. It applies to the following provisions of the Constitution:

• Admission/ formation of new States and alteration of areas, boundaries or names of existing States
• Citizenship provision
• Provision regarding delimitation of constituencies
• Quorum of the two Houses of Parliament
• Privileges and Salaries and allowances of the MPs
• Rules of procedure in each House of the Parliament
• English as a language of the Parliament
• Appointment of Judges and jurisdiction of Supreme Court
• Creation or abolition of Upper Houses in any state
• Legislatures for Union Territories
• Elections in the country
• Official language of India
• Second, fifth and sixth Schedules of the Constitution

These methods of amendment reflect a mixture of rigidity and flexibility in the Indian Constitution. 

Types of Farming Systems in India

Based primarily on nature of land, climatic characteristics and available irrigational facilities, the farmers in India practice different types of farming.

Subsistence Farming

Majority of farmers in the country practice subsistence farming. It is characterized by small and scattered land holdings and use of primitive tools. As the farmers are poor, they do not use fertilizers and high yielding variety of seeds in their fields to the extent they should do. Facilities like electricity and irrigation are generally not available to them. These result into low productivity. Most of the food production is consumed by the farmers and their families. Where facilities like irrigation and electricity are available, farming has improved. Important cash crops like sugarcane, oilseeds, cotton and jute are grown.

Shifting Agriculture

In this type of agriculture, first of all a piece of forest land is cleared by felling trees and burning of trunks and branches. After the land is cleared, crops are grown for two to three years and then the land is abandoned as the fertility of the soil decreases. The farmers then move to new areas and the process is repeated. Dry paddy, maize, millets and vegetables are the crops commonly grown in this type of farming. The per hectare yield is low. This practice is known by different name in different regions of India like Jhum in Assam, Ponam in Kerala, Podu in Andhra Pradesh and Odisha and bewar, masha, penda and bera in various parts of Madhya Pradesh.

Plantation Agriculture

Plantation farming is bush or tree farming. It was introduced by the British in the nineteenth century. It is a single crop farming of rubber, tea, coffee, cocoa, spices, coconut and fruit crops like apples, grapes, oranges, etc. It is capital intensive and demands good managerial ability, technical know-how, sophisticated machinery, fertilizers, irrigation, and transport facilities.

Intensive Farming

In areas where irrigation has been possible, the farmers use fertilizers and pesticides on large scale. They have also brought their land under high yielding variety of seeds. They have mechanized agriculture by introducing machines in various processes of farming. These have led intensive farming where the yield per unit area is high. In some areas, this has led to the development of dairy farming.

Dry Agriculture

This practice is followed in areas where irrigation facilities are lacking. Crops cultivated in these areas can withstand dry conditions. The crops grown generally with the help of irrigation are also grown under dry farming. In such circumstances the per hectare yields are generally lower. Most of the area under dry cultivation entertains only one crop during the year. This is practiced in drier parts of Rajasthan, Gujarat, and Madhya Pradesh etc.

Mixed and Multiple Agriculture

Mixed farming is referred to cultivation of crops and raising of animals simultaneously. The multiple farming is used to denote the practice of growing two or more crops together. In such case a number of crops having varying maturing periods are sown at the same time. The crop maturing early is generally harvested before the growth of the long maturing crop. This practice is followed is areas having good rainfall or facilities of irrigation.

Crop Rotation

This refers to growing of number of Crops one after the other in a fixed rotation to maintain the fertility of the soil. The rotation of crops may be complete in a year in some of the areas while it may involve more than one year’s time is others. Pulses or any leguminous crop is grown after the cereal crops. Legumes have the ability of fixing nitrogen to the soil. Highly fertilizer intensive crops like sugarcane or tobacco are rotated with cereal crops.

Terrace Cultivation

This type of cultivation is practiced specially in hilly areas. The hill and mountain slopes are cut to form terrace sand the land is used in the same way as in permanent agriculture. Since the availability of flat land is limited terraces are made to provide small patch of level land. Soil erosion is also checked due to terrace formation on hill slops.

Zika Virus Disease

Zika is a disease caused by Zika virus that is spread to people primarily through the bite of an infected Aedes species mosquito. The most common symptoms of Zika are fever, rash, joint pain, and conjunctivitis (red eyes). Symptoms typically begin 2 to 7 days after being bitten by an infected mosquito. The illness is usually mild with symptoms lasting for several days to a week. People usually don’t get sick enough to go to the hospital, and they very rarely die of Zika.

Zika is primarily transmitted through the bite of infected Aedes mosquitoes, the same mosquitoes that spread Chikungunya and dengue. These mosquitoes are aggressive daytime biters and they can also bite at night. During the first week of infection, Zika virus can be found in the blood and passed from an infected person to another person through mosquito bites. An infected mosquito can then spread the virus to other people. Infected mosquitoes can then spread the virus to other people through bites. It can also be transmitted from a pregnant mother to her baby during pregnancy or around the time of birth. Once a person has been infected, he or she is likely to be protected from future infections.

There have been reports of a serious birth defect of the brain called microcephaly (a condition in which a baby’s head is smaller than expected when compared to babies of the same sex and age) and other poor pregnancy outcomes in babies of mothers who were infected with Zika virus while pregnant.

Guillain-Barré syndrome (GBS) is a rare disorder where a person’s own immune system damages the nerve cells, causing muscle weakness and sometimes, paralysis. These symptoms can last a few weeks or several months. While most people fully recover from GBS, some people have permanent damage and in rare cases, people have died. It is difficult to determine if Zika virus infection causes GBS.

There is no vaccine or specific medicine to treat Zika virus infections. The best way to prevent diseases spread by mosquitoes is to protect yourself and your family from mosquito bites.

Outbreaks of Zika previously have been reported in tropical Africa, Southeast Asia, and the Pacific Islands. Zika virus likely will continue to spread to new areas. In May 2015, the Pan American Health Organization (PAHO) issued an alert regarding the first confirmed Zika virus infection in Brazil. Since that time, local transmission has been reported in many other countries and territories.

Article 356 of the Indian Constitution

According to Article 356, President’s rule can be imposed in a state if a situation arises in which the government of the state cannot be carried on in accordance with the provisions of the Constitution.

Constitutional machinery

The expression “breakdown of constitutional machinery” has not been defined in the Constitution. It can result from a hung assembly, the government losing majority in the assembly, failure of any political grouping to form a government, defections or insurgency. Whatever may be the reason, the President has to be satisfied about breakdown of constitutional machinery in the state.

Governor’s report

The governor sends a report to the Centre and it’s his/her report that forms the basis for the union cabinet’s recommendation to the President for invoking Article 356 to impose President’s rule. However, the provision also says that the President can take such a decision even “otherwise” (that is even in the absence of governor’s report).

Governor’s discretion

While sending a report to the Centre, the governor is not supposed to go by the advice of the state cabinet and she/he exercises her/his own discretion. On the contrary, the President has to go by the advice of the Union cabinet. But he can seek clarifications from the council of ministers.

Implications

Once President’s rule is imposed, the assembly ceases to function and the state comes under Centre’s control. The assembly is kept in suspended animation. The powers of the state assembly become exercisable by or under the authority of Parliament. The executive power shifts from the council of ministers to the governor.

Once imposed, President’s rule must be approved by Parliament in two months. It can’t last for more than six months unless Parliament approves an extension.

Causes of Unemployment in India

• Rapid Population Growth - Population explosion
• Seasonal nature of certain works
• Lack of alternative opportunities for agricultural workers
• Lack of practical knowledge – education is too theoretical
• Lack of vocational and technical education
• Many people are physically weak and unfit for hard manual labor
• Various social prejudices against certain professions
• Lack of Industrialization in some regions
• Many big industries look for the skilled labor
• Poor condition of cottage industries
• Lack of transport and communication
• Slow pace of development
• Economic fluctuations – Recession, Inflation
• Extensive Automation and use of IT which has replaced man power
• Inadequate Employment Planning and Implementation
• Corruption in the implementation of various schemes

HRD & Education

The essence of Human Resource Development is education, which plays a significant and remedial role in balancing the socio-economic fabric of the Country. Since citizens of India are its most valuable resource, our billion-strong nation needs the nurture and care in the form of basic education to achieve a better quality of life. This warrants an all-round development of the citizens, which can be achieved by building strong foundations in education.

Education is Human Resource Development (HRD). Although this equation indicates that both sides are equal in function and value, neither education nor HRD effectively embraces the other. Education works as a self-contained system that strives to provide skills and knowledge to youth, while HRD is viewed as a corporate function. However, a strategic blend of HRD and education would enhance the effectiveness of both systems. The end result might well be the development of more effective and efficient workers for the work place of tomorrow.

While the problems of these two systems may at first seem to be dissociate, they begin to intersect as businesses search for potential employees to meet their workforce demands and students prepare to enter the workplace.

Employers continually cry for skilled and knowledgeable workers; however, our educational system is not adequately preparing young people to enter the work force. Intervening early in the HRD process through joint efforts with educators will address the short- and long-term needs of both educators and the world of work.

Ministry of Human Resource Development (MHRD)

The Ministry of Human Resource Development (MHRD) was created on September 26, 1985, through the 174th amendment to the Government of India (Allocation of Business) Rules, 1961. Currently, the MHRD works through two departments:

·        Department of School Education & Literacy

·        Department of Higher Education

While the Department of School Education & Literacy is responsible for development of school education and literacy in the country, the Department of Higher Education takes care of what is one of the largest Higher Education systems of the world, just after the United States and China.

The Dept of School Education & Literacy has its eyes set on the “universalisation of education” and making better citizens out of our young brigade. For this, various new schemes and initiatives are taken up regularly and recently, those schemes and initiatives have also started paying dividends in the form of growing enrolment in schools.

The Dept of Higher Education, on the other hand, is engaged in bringing world class opportunities of higher education and research to the country so that Indian students are not finding lacking when facing an international platform. For this, the Government has launched joint ventures and signed MoUs to help the Indian student benefit from the world opinion.

Objectives

·        Formulating the National Policy on Education and to ensure that it is implemented in letter and spirit.

·        Planned development, including expanding access and improving quality of the educational institutions throughout the country, including in the regions where people do not have easy access to education.

·        Paying special attention to disadvantaged groups like the poor, females and the minorities.

·        Provide financial help in the form of scholarships, loan subsidy, etc to deserving students from deprived sections of the society.

·        Encouraging international cooperation in the field of education, including working closely with the UNESCO and foreign governments as well as Universities, to enhance the educational opportunities in the country.

Carbon Credit

A carbon credit (often called a carbon offset) is a financial instrument that represents a tonne of CO2 (carbon dioxide) or CO2e (carbon dioxide equivalent gases) removed or reduced from the atmosphere from an emission reduction project, which can be used, by governments, industry or private individuals to offset damaging carbon emissions that they are generating.

Carbon credits are associated with either removing existing CO2 or CO2e emissions from the atmosphere in the case of carbon sequestration from forests and planting of trees or the reduction of future CO2 or CO2e emissions from renewable energy and energy efficiency projects that displace fossil fuel power generation production or industrial processes.

Carbon credits originate from a range of emission reduction activities associated with the removal of existing emissions from the atmosphere and the reduction of future emissions. These are commonly called "methodologies".

Afforestation and reforestation activities are a key means by which existing emissions can be removed from the atmosphere and carbon credits created while construction of a wind farm rather than a coal-fired power station may create carbon credits through reducing future emissions.

Carbon credits originated through these emission reduction activities can be created under a variety of voluntary and compliance market mechanisms, schemes and standards. Some of these instruments have been established so countries can comply with their mandatory Kyoto targets and others provide avenues for voluntary offsetting purposes.

Some schemes around the world clearly deliver more environmental benefits than others. Developing parts of the world produce the most carbon credits by far, often these locations are essentially considered environmental 'hot spots' as they lack the appropriate laws, regulations and funding that usually exist in developed regions. Due to these reasons they have the most room for improvement and therefore offer the most environmental benefits if worthy improvements are introduced.

AFSPA

Armed Forces (Special Powers) Acts (AFSPA), are Acts of the Parliament of India that grant special powers to the Indian Armed Forces in what the act terms as "disturbed areas".

One such act passed on September 11, 1958 was applicable to the Seven Sister States in India's northeast. Another passed in 1983 and applicable to Punjab and Chandigarh was withdrawn in 1997, roughly 14 years after it came to force. An act passed in 1990 was applied to Jammu and Kashmir and has been in force since.

According to the Armed Forces Special Powers Act (AFSPA), in an area that is proclaimed as "disturbed", an officer of the armed forces has powers to:

·        After giving such due warning, Fire upon or use other kinds of force even if it causes death, against the person who is acting against law or order in the disturbed area for the maintenance of public order.

·        Destroy any arms dump, hide-outs, prepared or fortified position or shelter or training camp from which armed attacks are made by the armed volunteers or armed gangs or absconders wanted for any offence.

·        To arrest without a warrant anyone who has committed cognizable offences or is reasonably suspected of having done so and may use force if needed for the arrest.

·        To enter and search any premise in order to make such arrests, or to recover any person wrongfully restrained or any arms, ammunition or explosive substances and seize it.

·        Stop and search any vehicle or vessel reasonably suspected to be carrying such person or weapons.

·        Any person arrested and taken into custody under this Act shall be made present over to the officer in charge of the nearest police station with least possible delay, together with a report of the circumstances occasioning the arrest.

·        Army officers have legal immunity for their actions. There can be no prosecution, suit or any other legal proceeding against anyone acting under that law. Nor is the government's judgment on why an area is found to be disturbed subject to judicial review.

·        Protection of persons acting in good faith under this Act from prosecution, suit or other legal proceedings, except with the sanction of the Central Government, in exercise of the powers conferred by this Act.

Prevention of Money Laundering Act 2002

The Prevention of Money Laundering Act (PMLA), 2002 was enacted in January, 2003. The Act along with the Rules framed thereunder have come into force with effect from 1st July, 2005. Sec. 3 of PMLA defines offence of money laundering as whosoever directly or indirectly attempts to indulge or knowingly assists or knowingly is a party or is actually involved in any process or activity connected with the proceeds of crime and projecting it as untainted property shall be guilty of offence of money-laundering. It prescribes obligation of banking companies, financial institutions and intermediaries for verification and maintenance of records of the identity of all its clients and also of all transactions and for furnishing information of such transactions in prescribed form to the Financial Intelligence Unit-India (FIU-IND). It empowers the Director of FIU-IND to impose fine on banking company, financial institution or intermediary if they or any of its officers fails to comply with the provisions of the Act as indicated above.

PMLA empowers certain officers of the Directorate of Enforcement to carry out investigations in cases involving offence of money laundering and also to attach the property involved in money laundering. PMLA envisages setting up of an Adjudicating Authority to exercise jurisdiction, power and authority conferred by it essentially to confirm attachment or order confiscation of attached properties. It also envisages setting up of an Appellate Tribunal to hear appeals against the order of the Adjudicating Authority and the authorities like Director FIU-IND.

PMLA envisages designation of one or more courts of sessions as Special Court or Special Courts to try the offences punishable under PMLA and offences with which the accused may, under the Code of Criminal Procedure 1973, be charged at the same trial. PMLA allows Central Government to enter into an agreement with Government of any country outside India for enforcing the provisions of the PMLA, exchange of information for the prevention of any offence under PMLA or under the corresponding law in force in that country or investigation of cases relating to any offence under PMLA.