federal system

 WHAT IS FEDERALISM?

Federalism is a combination of government where a country or a part of the country is controlled by two levels of government. It provides two sets of politics, one is a central or national level government and the second is a state or provisional level government. Each level has different powers and responsibilities and has a separate system of government. 


The system India has adopted is written in the Constitution. The constitution is supreme and the source of powers of both governments. Though the Indian Constitution does not use the word "Federalism" anywhere, however, the structure of the Indian government is divided into two sets of governments.

1. Union government

2. State government

The Indian constitution describes three lists:

1. Union list (dealt by Central government only)

2. State list (dealt by State government only)

3. Concurrent list (dealt with by both Central and State government)

Union List

  • Subjects of Union List are −
    • Defense
    • Atomic Energy
    • Foreign Affairs
    • War and Peace
    • Banking
    • Railways
    • Post and Telegraph
    • Airways
    • Ports
    • Foreign Trade
    • Currency & Coinage

State List

  • Subjects of State Lists are −
    • Agriculture
    • Police
    • Prison
    • Local Government
    • Public Health
    • Land
    • Liquor
    • Trade and Commerce
    • Livestock and Animal Husbandry
    • State Public Services

Concurrent List

  • Subjects of Concurrent Lists are −
    • Education
    • Transfer of Property other than Agricultural land
    • Forests
    • Trade Unions
    • Adulteration
    • Adoption and Succession
Basically, there are two forms of government:

1. Unitary government: means where maximum powers or only source of powers lies with the Centre government. e.g: China, Japan, and France.
2. Federal government: the powers are divided between both Centre & state government. e.g: the United States and India. 

However, during an emergency time, more powers are centralized to the Central government and state governments have fewer powers. 

Territorial Jurisdiction:
Parliament: A. Parliament has the power of making laws for the whole territory or a part of it. 
B. Extra-territorial operation: Parliament has also the right of making laws, not for the Indian territory but it can also make the laws for territory outside India with territorial nexus test.
Legislative of states: Legislative of states have the power of making laws for the whole territory of the states or the part of it.

 CONFLICT IN INDIA'S FEDERAL SYSTEM

We are having a federal system with a strong central government. 

1. Centre-state relation

2. Demands for Autonomy.

3. Role of governor and President's Rule.

4. Interstate conflicts.

Centre-state relation: In some cases, the entire revenues are allocated among the states. But the rates and bases are wholly decided by the Centre regardless of the policies and desires of the states. 

Demands for autonomy: Various states demand their independence from India or we can say they want to separate from India like Punjab. 

Role of the governor and President's Rule: Sometimes, it has been seen that there a kind of fight between central and state government is going on just because of the governor's erroneous action. 

Interstate conflict: Often we can often, one state is fighting with another state over some issues like river disputes or land distribution etc.













CORRUPTION: Will it eradicate or would make an identity?

 On September 29, 2013, India’s Narendra Modi vowed to eradicate corruption. He blamed Manmohan Singh’s government for making India a laughing option. India needs a dream team and not a dirty team in 2014 and people must consider it during an election. Now you must be thinking, what does corruption mean? Moreover, why did Mr. Singh’s government made India an option to be laughed at?  So, let me make it easier for you to understand. We should understand the meaning of corruption first.


Corruption is a form of dishonesty or criminal offense undertaken by a person or organization entrusted with a position of authority, to acquire illicit benefit or abuse power for one's private gainaccording to Wikipedia. In a nutshell, corruption is a dishonest behavior performed by an individual or organization for their own benefit. India has the highest bribery rate in Asia according to the Global Corruption Barometer published by Transparency International on Anti-Corruption Day, December 9. Gandhiji believed that separation of Ends & Means is the cause of corruption in public life & responsible for evils like IMPERIALISM & FASCISM.

TYPES OF CORRUPTION

1.     Bribery

2.     Misuse of Official Position.

3.     Conflict of interest.

4.     Vote buying.

5.     Influence peddling.

6.     Nepotism.

7.     Trading in expertise and insider trading.

8.     Illegal Financing of Political Parties. 

9.     Revolving door effect. 

BRIBERY 

bribery is defined as Black’s Law Dictionary as the offering, giving, receiving, or soliciting of any item of value to influence the actions of an official, or another person, in charge of public or legal duty.



Bijay Ketan Upadhyay, an IAS officer, the director of state horticulture, detained for demanding and accepting a bribe for rs1 lakh from a company that was empaneled by the state government to supply sprinklers to eligible farmers under Pradhan Mantri Krishi Sinchayee yojana (PMKSY).

 MISUSE OF OFFICIAL POSITION

 Misuse of official position can be understood as making, taking, or performing an act that eventually going to benefit the decision-maker or his/her relatives or anyone else close to him.


A customs official confiscates a pirated products and starts using them for himself or someone close to him. The story of Satyendra Dubey can vividly provide us an insight that powerful persons misuse their position for their own benefits. 

click here

CONFLICT OF INTEREST

Conflict of interest can be defined as a disequilibrium between official duties and personal interest. The person cannot overcome his personal interest and eventually performs the task according to his interest.

For instance, a son is performing his mother’s work at a ministry.

VOTE BUYING

Vote-buying means a candidate promises to the voters to vote in favor of him because he will provide various gifts or anything else to the voters after winning the election.

For instance, candidates make promises that they will provide saris or smoked fish to the voters if they vote in favor of them. 

INFLUENCE PEDDLING

Influence peddling is a type of bribery when one person takes favor of another person who has a connection with the government or with an authority.

A police officer uses his or her official position to get a debt of his friend from a third person.

NEPOTISM

Nepotism means preferring one’s close relation. For instance, a municipality hires his close relative as a constructive advisor.

TRADING IN EXPERTISE AND INSIDER TRADING

Insider trading means knowing some important news of a company before it’s getting a place into the public domain and that news will affect the price of that company’s shares.

REASONS OF CORRUPTION IN INDIA

1.     Insufficient salaries paid to employees:  Government or non-government employees often face a problem of fewer salaries paid to them, which eventually indulge them to take bribes from the customer or persons for their work to do.

2.      Lack of morale or ethics: Lack of morale or ethics plays a vital role in the occurrence of corruption. People often forget about morale knowledge they got while they were in schools. For avoiding this, government or private entities should focus more on providing moral knowledge and ethics. In addition, they should also teach employees to follow the code of conduct strictly.

3.     Lack of awareness: In India, there is a maximum number of people who are unaware of their rights, which motivates a corrupt person to cheat an innocent by taking more money than required.

4.     Lack of employment: somehow and somewhere, accept it or not, less employment is the crucial problem of corruption in India. Due to no jobs or security, a person often involves themselves in corruption to secure his and his family’s lives. 

5.     Lack of transparent laws and processes: Lack of transparent laws and processes give an opportunity to businesspersons to take advantage of it. We can take the example of Vodafone India, where Vodafone International Holdings B.V. (VIH) acquired 67% interest in the Indian telecom company Hutchison Essar Limited (HEL) for $11 billion.

This transaction took place in 2007, through an agreement between VIH, and the Hutchison Telecommunications International Limited (HTIL) involving a Cayman Island-based company CGP Investments Limited (CGP), which in turn, directly and indirectly, held 67% interest in Hutchison Essar Limited (HEL), the Indian company. Both companies did this to avoid the payment of capital gain tax to the Indian Government. As a result, GOI amended the Income Tax Act. The amendment applied retrospectively from 1962. India lost the case.

There are many more reasons for corruption in India, which government and common people should work upon, like excessive regulations, monopoly of government-controlled institutions, etc. 

VARIOUS CASES OF CORRUPTION

COMMONWEALTH GAMES SCAM: In 2010, the Commonwealth Games (CMG) Scam, involving around 70,000 crores. It was estimated that only half of the allotted amount was spent on Indian Sportspersons. The athletes were allegedly asked to shift to the shabby apartments from the very apartments were allotted by the authorities. Reports of the Central Vigilance Commission, in-charge of the investigation of the CWG scam revealed that Suresh Kalmadi, the chairman of the organizing committee of the Games offered a contract of Rs 141 crore to Swiss Timings for its timing equipment which was unnecessarily high by Rs 95 crore. 

COAL SCAM: In March 2012, a draft report accused the government of inefficient allocation of coal blocks between 2004 and 2009. With the allegation against UPA-2, Manmohan Singh said he would quit his job if proven guilty. Simultaneously, the Central Vigilance Commission (CVC) ordered a CBI inquiry into the allegations. It all started when some coal blocks which were not in the production plan of Coal India Ltd and the Singareni Collieries Company Limited (SCCL), were identified and a list was prepared. A total of 216 blocks were allocated between 1993 and 2010, but some were taken away at different points in time. In the end, the number of allocated blocks stood at 194. The report of CAG expressed that if this corruption did not happen, the profits would be Rs. 10.7 lakh cr.

2G SPECTRUM SCAM: The story began on 16th November 2010, the Comptroller and Auditor General of India (CAG) came out with its report on the issuance of licenses and allocation of 2G spectrum by the Department of Telecom. Vinod Rai was the head of CAG at that time. He revealed that the spectrum had been sold at a lower price than required causing a loss of Rs. 1.76 lakh crore to the exchequer. Moreover, a license had been issued to the incapable applicants who disclosed incomplete documents, submitted fictitious documents, and used fraudulent means for getting licenses and spectrum. The CAG report also revealed that the license owners sold significant stakes to the domestic/foreign companies at a high premium within a short period. The premium earned by these new telecom sectors was estimated to be the true value of the spectrum. In a free and fair bidding process, these profits should have accrued to the public exchequer.

HOW TO REDUCE CORRUPTION IN INDIA

1. Increment in salaries to employees.

2. Provide morale or ethics training during the job. 

3. Raise the value of natural resources and government contracts. 

4. Quality education is the first and foremost aspect to reduce corruption.

5. Government processes must be made transparent like for every payment, use online mode of transaction which will reduce corruption.

6. Corruption treatment must be made effective. 

7. Citizens should fight against corruption.

The Above given suggestions are not enough to eradicate corruption in India. There are needed to take various measures by the Government and Citizens as well. What measures should be taken according to you?




















Other pandemic: Does India leading towards women outraging?

Society is comprised of men and women but the respect and values that men gain are comparatively higher than women. Why is this so? Does the woman have less capacity?  Or Did God make women inferior? 
The answer is still far far away to know.  Several centuries have been passed since the period women started feeling aside by society and it's now the 21st century, the modesty of women is ruining day by day, minute by minute. 

BACKGROUND 
You must have heard the stories of Ramayana and Mahabharata when you were a kid from your grandmother or mother. At that time, these stories look so fantastic to us that we never took a second to look into the bad flows of it or you can say we had no that much maturity to understand the wrong depicted stories of it.  
Ramayan:  Sita was forcibly taken away by Ravana, who wanted to make her his queen. Sri Rama killed Ravana.

Ahalya was deceived into having sex with Indra. As a result,  her husband Rishi Gautama cursed Indra that he would have 1,000 vaginas all over his body. Indra was so ashamed of the vaginas that sprouted all over his body that he went into hiding. 


Mahabharata:  Duryodhana and Draupadi -  When Dushasana told Draupadi to sit on Duryodhana's lap, Bheema announced in the court he would cause Duryodhana's painful death by breaking his thigh bones and he fulfilled his vow.

Quoting these stories from epics Ramayana and Mahabharata does not mean that I'm against them but it's like picking up cactus among roses. 

Types of outraging women face
1. Acid attack
2. Child marriage 
3. Domestic violence 
4. Forceful Domestic work
5. Child abuse
6. Female feticide 
7. Dowry death
8. Child labor
9. Honour killing 
10. Rape
11. Sexual harassment at the  workplace
12. Forced for prostitution 

Acid attack: India today Data Intelligence Unit ( DIU) has found that between 2014 and 2018, there have been 1,483 victims of acid attacks in the country.  This is according to the data released by National Crime Records Bureau. 

Child marriage:  Child marriage means when either a girl or boy marriages under the age of 18 or 21 respectively. Causes are many like the poor economic condition of the family. Jharkhand state is leading in child marriage. 

Domestic violence:  In 2020, between March 25 to May 31, 1,477 complaints of domestic violence were made by women. I think domestic violence is another pandemic in  India.

Forceful Domestic work: 54% of working women between the ages of 15 to 59 are not available for works because of household responsibilities or domestic work. 
Child abuse:  Child abuse can be physical,  mental, or sexual.  53% of children face sexual abuse. 
Female feticide: Women are murdered all over the world but the most brutal murder of females happened with babies who are not even born yet. Especially in rural areas where parents don't want to give birth to a baby girl. According to the UNFPA report, about 4.6 crore females missing in India due to son preference. 
Dowry death: In India, 20 women die every day as a result of harassment over a dowry.  They are murdered or compelled to commit suicide. A flight attendant Anissa Batra who jumped off the terrace, her parents say, was tortured emotionally for dowry.

Honor killing: In simple words,  honor killing can be defined as disobeying the honor of a family by a woman for marrying a man belonging to another caste or religion. In India, as per the latest available published information with National Crime Records Bureau (NCRB), a total of 28 cases in 2014, 251 cases in 2015, and 77 cases in 2019 were reported with the motive of honor killing. 
Rape: According to the National Crime Records Bureau  ( NCRB), 32033 rape cases were registered across the country, or an average of 88 cases daily.

sexual harassment at workplace: sexual harassment at the workplace is considered a violation of women's right to equality, life, and liberty. 
Vishakha and others V. State of Rajasthan 
In the case of the Vishakha and others V. State of Rajasthan and others. The Hon'ble Supreme Court has laid down guidelines and norms to be observed to prevent sexual harassment of working women. 

Causes of offenses against women 
1. People think women are made to confined to the house only
Accept it or not but so many people still believe that women aren't made to work outside the home. When we ask them why do they think this way, the answer we get is physical strength.  Women are not capable or strong enough to work outside. There are preconceived notions prevalent in the society that women are weak. Gender roles being assigned to women that generally categories them as the caretaker of the family.
 
2. Educational backwardness 
Generally, women are not as much or not at all educated as men. There are a bunch of reasons. There is a myth that if a woman gets an education,  she will not listen to her family or husband. 

3. Wrong assumptions of people 
If a girl is raped,  people think apparently it was her short dress, consuming alcohol, and having a party at night are the reasons that she got raped.

4. Intoxication
Consuming alcohol is not harmful to males only but also for women when their husbands come back home at night and start beating them because she didn't cook food tasty or for some other reason, 

5. Patriarchal society
Patriarchal society is the main reason for women being harassed everywhere, whether it is home or office or anything else. 

WAY FORWARD
1. Government should focus more on women safety especially at night so that women don't face the same problem as Nirbhaya rape case or Bangaluru rape case. 
2. Providing employment,  water supply,  sanitation should not the only options for politicians to get votes from citizens, they should also include the option of women safety.  I think, it's not just an option,  it must be a criteria for common people to vote politicians upon. 
3. Citizens and government should not to be more focused, alert or aggressive at that time only when a rape case happened. They should learn to work as a caretaker when a girl is walking on the road alone or being raped by so many. 
4. Nirbhaya fund came into existence after a historic rape case happened in Delhi 2012. It was started with 1,000 crore and only 36% of the fund has been used so far. Now you can imagine how unutilized this fund is. Government should coordinate among ministers and bring this fund into utilization. 
5. Girl students should be trained in self defense/martial arts. Government should provide free trainers of martial art in government schools and colleges.  Private institutions should also work upon it. 
6. Street lights and CCTVs should not installed just for showing but it must work everytime. 
7. Citizens should also learn not to see a raped girl with suspicion. It may be possible this time she's the victim,  some other times, victim can be me and your mother or sister also. We should learn not to see a victim with sin but with a blessing of God whom he sent on the earth to make her dreams come true.
8. Students should be taught about gender equality,  respecting women at an early age so that they can inculcate these values in their minds. 
9. Increase the number of female police officers so that they can only file complaints of the victims, or can visit at the very spot where a rape happened, or can reach where ever a female police officer is needed.
10. The Criminal Procedure Code (CrPC) provides that investigation relating to offences punishable with imprisonment up to 10 years must be completed within 60 days. 
The proposed Maharashtra Shakti Act of 2020 will have a provision to complete investigation within 15 days.
Among given dealines of investigation showing the concern of the government towards the victim. But, however, we should forget that these timelines can work against a woman. What if, the lawyer of the victim cannot find enough evidences to proof the allegations right? So, in my humble opinion,  government should make a provision through which a magistrate will listen to an anecdote of the case, and will decide the timeline of investigation after that he will give his final opinion. 
11. Government should work on infrastructure.  They should provide enough public toilets so that women don't need to go in open.  
12. Moreover,  women should also know about their rights if they want to use a toilet,  they can even use a toilet of 5 star hotel, even if she is not having lunch or dinner there. 
13. Not family, nor even school teachers are ready to talk about sex openly. Sex education is must needed education,  we should all work more upon. Men must be taught women are not toys with whom you can play anywhere and anytime. Women have dignity and modesty and everybody should respect them.

The suggestions given above are enough to end this other pendemic of India or is there anything else you're keeping in mind? 
 

















federal system

  WHAT IS FEDERALISM? Federalism is a combination of government where a country or a part of the country is controlled by two levels of gove...