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22 July 2015

Juvenile Justice System



Article 15 of the Constitution, inter alia, confers upon the State powers to make special provision for children. Articles 39 (e) and (f), 45 and 47 further makes the State responsible for ensuring that all needs of children are met and their basic human rights are protected.
The United Nations Convention on the Rights of Children, ratified by India on 11th December, 1992, requires the State Parties to undertake all appropriate measures in case of a child alleged as, or accused of, violating any penal law, including
(a) Treatment of the child in a manner consistent with the promotion of the child's sense of dignity and       worth
(b) Reinforcing the child's respect for the human rights and fundamental freedoms of others
(c) Taking into account the child's age and the desirability of promoting the child's reintegration and the child's assuming a constructive role in society.

The Juvenile Justice (Care and Protection of Children) Act was enacted in 2000 to provide for the protection of children. The Act was amended twice in 2006 and 2011 to address gaps in its implementation and make the law more child-friendly. During the course of the implementation of the Act, several issues arose such as increasing incidents of abuse of children in institutions, inadequate facilities, quality of care and rehabilitation measures in Homes, high pendency of cases, delays in adoption due to faulty and incomplete processing, lack of clarity regarding roles, responsibilities and accountability of institutions and, inadequate provisions to counter offences against children such as corporal punishment, sale of children for adoption purposes, etc. have highlighted the need to review the existing law.

Further, increasing cases of crimes committed by children in the age group of 16-18 years in recent years makes it evident that the current provisions and system under the Juvenile Justice (Care and Protection of Children) Act, 2000, are ill equipped to tackle child offenders in this age group. The data collected by the National Crime Records Bureau establishes that crimes by children in the age group of 16-18 years have increased especially in certain categories of heinous offences.

Numerous changes are required in the existing Juvenile Justice (Care and Protection of Children) Act, 2000 to address the above mentioned issues and therefore, it is proposed to repeal existing Juvenile Justice (Care and Protection of Children) Act, 2000 and re-enact a comprehensive legislation inter alia to provide for general principles of care and protection of children, procedures in case of children in need of care and protection and children in conflict with law, rehabilitation and social re-integration measures for such children, adoption of orphan, abandoned and surrendered children, and offences committed against children. This legislation would thus ensure proper care, protection, development, treatment and social re-integration of children in difficult circumstance by adopting a child-friendly approach keeping in view the best interest of the child in mind.

21 July 2015

Rajya Sabha in Financial Matters

Rajya Sabha in Financial Matters

Money Bill can be introduced only in Lok Sabha.  After it is passed by that House, it is transmitted to Rajya Sabha for its concurrence or recommendation.  The power of Rajya Sabha in respect of such a Bill is limited.   Rajya Sabha has to return such a Bill to Lok Sabha within a period of fourteen days from its receipt.  If it is not returned to Lok Sabha within that time, the Bill is deemed to have been passed by both Houses at the expiration of the said period in the form in which it was passed by Lok Sabha.  Again, Rajya Sabha cannot amend a Money Bill; it can only recommend amendments and Lok Sabha may either accept or reject all or any of the recommendations made by Rajya Sabha.
Apart from a Money Bill, certain other categories of Financial Bills also cannot be introduced in Rajya Sabha.  There are, however, some other types of Financial Bills on which there is no limitation on the powers of the Rajya Sabha.  These Bills may be initiated in either House and Rajya Sabha has powers to reject or amend such Financial Bills like any other Bill.  Of course, such Bills cannot be passed by either House of Parliament unless the President has recommended to that House the consideration thereof.

From all this, however, it does not follow that Rajya Sabha has nothing to do in matters relating to finance.  The Budget of the Government of India is laid every year before Rajya Sabha also and its members discuss it.  Though Rajya Sabha does not vote on Demands for Grants of various Ministries - a matter exclusively reserved for Lok Sabha - no money, however, can be withdrawn from the Consolidated Fund of India unless the Appropriation Bill has been passed by both the Houses.  Similarly, the Finance Bill is also brought before Rajya Sabha.  Besides, the Department-related Parliamentary Standing Committees that examine the annual Demands for Grants of the Ministries/Departments are joint committees having ten members from Rajya Sabha. 

Special Powers of Rajya Sabha

 Special Powers of Rajya Sabha
Rajya Sabha being a federal chamber enjoys certain special powers under the Constitution.  All the subjects/areas regarding legislation have been divided into three Lists - Union List, State List and concurrent List.
Union and State Lists are mutually exclusive - one cannot legislate on a matter placed in the sphere of the other.  However, if Rajya Sabha passes a resolution by a majority of not less than two-thirds of members present and voting saying that it is “necessary or expedient in the national interest” that Parliament should make a law on a matter enumerated in the State List, Parliament becomes empowered to make a law on the subject specified in the resolution, for the whole or any part of the territory of India.  Such a resolution remains in force for a maximum period of one year but this period can be extended by one year at a time by passing a similar resolution further.
If Rajya Sabha passes a resolution by a majority of not less than two-thirds of the members present and voting declaring that it is necessary or expedient in the national interest to create one or more All India Services common to the Union and the States, Parliament becomes empowered to create by law such services.
Under the Constitution, the President is empowered to issue Proclamations in the event of national emergency, in the event of failure of constitutional machinery in a State, or in the case of financial emergency.  Every such proclamation has to be approved by both Houses of Parliament within a stipulated period.  Under certain circumstances, however, Rajya Sabha enjoys special powers in this regard.  If a Proclamation is issued at a time when Lok Sabha has been dissolved or the dissolution of Lok Sabha takes place within the period allowed for its approval, then the proclamation remains effective, if the resolution approving it is passed by Rajya Sabha within the period specified in the Constitution under articles 352, 356 and 360.

11 July 2015

Half-an-Hour Discussion (Lok Sabha)

Half-an-Hour Discussion.
A Half-an-Hour Discussion can be raised on a matter of sufficient public importance which has been the subject of a recent question in Lok Sabha irrespective of the fact whether the question was answered orally or the answer was laid on the Table of the House and the answer which needs elucidation on a matter of fact. Normally not more than half an hour is allowed for such a discussion. 
Usually, half-an-hour discussion is listed on Mondays, Wednesdays and Fridays only, In one session, a member is allowed to raise not more than two half-an-hour discussions. 
During the discussion, the member who has given notice makes a short statement and not more than four members who have intimated earlier and have secured one of the four places in the ballot are permitted to ask a question each for further elucidating any matter of fact. Thereafter, the Minister concerned replies. There is no formal motion before the House nor voting. 

Question Hour

Question Hour 

The first hour of every sitting of Lok Sabha is called the Question hour. Asking of questions in Parliament is the free and unfettered right of members. It is during the Question hour that they may ask questions on different aspects of administration and Government policy in the national as well as international spheres. Every Minister whose turn it is to answer to questions has to stand up and answer for his Ministry's acts of omission or commission. 
Questions are of three types - Starred, Unstarred and Short Notice.

Starred Question is one to which a member desires an oral answer in the House and which is distinguished by an asterisk mark.

An Unstarred Quesion is one which is not called for oral answer in the house and on which no supplementary questions can consequently be asked. An answer to such a question is given in writing. Minimum period of notice for starred/ unstarred question is 10 clear days. 
If the questions given notice of are admitted by the Speaker, they are listed and printed for answer on the dates allotted to the Ministries to which the subject matter of the question pertains. 
The normal period of notice does not apply to Short Notice Questions which relate to matters of urgent public importance. However, a Short Notice Question may only be answered on short notice if so permitted by the Speaker and the Minister concerned is prepared to answer it at shorter notice. A Short Notice Question is taken up for answer immediately after the Question Hour

10 July 2015

Sub Mission on Agricultural Mechanization (SMAM)

Sub Mission on Agricultural Mechanization (SMAM)

Agriculture Mechanization is an essential input to modern agriculture to increase the productivity and for making judicious use of other inputs like seeds, fertilizers, chemicals & pesticides and natural resources like water, soil nutrients etc. besides reducing the human drudgery and cost of cultivation. 

Agriculture Mechanization also helps in improving safety and comfort of the agricultural worker, improvements in the quality and value addition of the farm produce and also enabling the farmers to take second and subsequent crops making Indian agriculture more attractive and profitable. It also helps the Indian farming to become commercial instead of subsistence. There is a linear relationship between availability of farm power and farm yield. 

Therefore, there is a need to increase the availability of farm power from 1.73 kW per ha to 2.0 kW per ha by the end of 12th FY Plan to cope up with increasing demand of food grains

 Sub Mission on Agriculture Mechanization (SMAM) was launched in the year 2014-15 with the following objectives:
  • Increasing the reach of farm mechanization to small and marginal farmers and to the regions where availability of farm power is low;
  • Promoting ‘Custom Hiring Centres’ to offset the adverse economies of scale arising due to small landholding and high cost of individual ownership;
  • Creating hubs for hi-tech & high value farm equipments;
  • Creating awareness among stakeholders through demonstration and capacity building activities;
  • Ensuring performance testing and certification at designated testing centers located all over the country.

09 July 2015

“Soil Health Card”

A new scheme “Soil Health Card” has been approved for implementation during the remaining period of 12th Plan to provide 14 crore Soil Health Cards to the farmers in the country. 

Soil Health Card will provide information to farmers on soil nutrient status of their soil and recommendation on appropriate dosage of nutrient to be applied for improving soil health and its fertility. 

Soil health card will be issued every 3 years for all land holdings in the country so as to promote balanced and integrated use of plant nutrients.

National Mission for Sustainable Agriculture (NMSA)

National Mission for Sustainable Agriculture (NMSA) is one of the eight Missions outlined under National Action Plan on Climate Change (NAPCC). The Mission aims at promoting sustainable agriculture through seventeen deliverables focusing on ten key dimensions of Indian Agriculture. 

During 12th Five Year Plan, these measures have been embedded and mainstreamed into Missions/Progammes/ Schemes of Department of Agriculture & Cooperation (DAC) through a process of restructuring and convergence. 

NMSA as a programmatic intervention made operational from the year 2014-15 aims at making agriculture more productive, sustainable, and remunerative and climate resilient by promoting location specific integrated/composite farming systems; soil and moisture conservation measures; comprehensive soil health management; efficient water management practices and mainstreaming rainfed technologies

CACP

Commission for Agricultural Costs and Prices (CACP), set up with a view to evolve a balanced and integrated price structure, recommends MSPs of 23 crops.These include seven cereal crops (paddy, wheat, jowar, bajra, maize, ragi and barley), five pulse crops (gram, tur, moong, urad and lentil), seven oilseeds (groundnut, sunflower seed, soybean, rapeseed-mustard, safflower, nigerseed and seasmum), copra (dried coconut), cotton, jute and Fair and Remunerative Price (FRP) of Sugarcane


CACP is called upon to ensure that the production patterns are broadly in line with the overall needs (demand) of the economy. CACP submits its recommendations to the government in the form of Price Policy Reports every year, separately for five groups of commodities namely Kharif crops, Rabi crops, Sugarcane, Raw Jute and Copra

Directorate of Economics & Statistics (DES) 


The Directorate of Economics and Statistics, an attached office of Department of Agriculture and Co-operation(DAC), is guided by the vision of enriching economic and statistical data and analytical inputs required by the Department of Agriculture & Cooperation for providing better agricultural economic development policy. 

Its mission is to provide important statistics on area, production and yield of principal crops, Minimum Support Prices(MSP), and implement schemes related to improvement of agricultural statistics, and carrying out agro-economic research. 

The main objectives of the Directorate are generation and dissemination of agricultural statistics and research and analysis. The Directorate provides inputs to DAC, CACP and also places a large volume of data and information in the public domain for use of all stakeholders

UPSC Civil Service Topics

Department of Agriculture & Cooperation

1. Vision 

To enhance productivity and production of agricultural commodities to ensure the food, nutritional and livelihood security of the nation and also to make agriculture a sustainable and viable vocation for livelihood support by 2020.   

2. Mission 

To achieve 4 percent growth rate for agriculture sector during the 12th Plan, with the help of various State Governments and other Departments concerned in the Government of India by enhancing agriculture production & productivity and improving income level of all farmers by successful implementation of various new initiatives and agriculture missions/schemes such as National Food Security Mission, National Horticulture Mission, National Mission on Oil Seeds and Oil Palm, National Mission for Sustainable Agriculture,   National Mission on Agricultural Extension & Technology, Integrated Scheme for Farmers Income Security, Integrated Scheme on Agriculture Marketing, etc. to thus ensure food, nutritional and livelihood security. 

3. Objectives 

1. Increasing Crop production and Productivity thereby ensuring food security and enhanced income level to farmers 
2. Incentivizing states to enhance public investment in Agriculture & allied sectors   to sustain and maintain capital formation and agriculture infrastructure 
3. Diversification in Agriculture for increased income generation 
4. Ensuring supply of agricultural inputs for enhanced production and productivity 
5. Facilitate Plant Protection, Quarantine and Residue Management 
6. Dissemination of technology / information to farmers 
7. Enhancing Soil health and promotion of resource conservation technology for sustainable     agriculture   
8. Improving credit flow, market infrastructure, and risk mitigation 
9. Maintaining Agricultural statistics to aid policy development 
10. Drought Preparedness and Grant of relief under State Disaster Response Fund (SDRF)     /National Disaster Response Fund (NDRF) 
11. Encouraging private investment in Agriculture through PPP mode