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Rule of Law

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Rule of Law

The doctrine of Rule of law is the building block of justice delivery system in any democratic society. Laws are part and parcel of any country’s polity. It promotes peace and harmony among the citizens thus ensuring the smooth and rapid development of the society.

The principle of Rule of Law is intended to safeguard an individual interest against any arbitrary action of the government authorities. It promotes equality thus eliminating any discrimination on the grounds of race, religion, status, caste, sex, place of birth etc.

In other words, it means that Law is supreme and is above any individual (either ruler or the ruled).

 

Origin of Rule of Law

The concept of Rule of Law is very old. Its origin can be traced back to the thirteenth century France, when a judge in the reign of Henry III, wrote:  “The king himself ought to be subject to God and the law because the law makes him king.”

But the actual credit in popularizing the doctrine of ”Rule of Law” goes to British jurist A.V. Dicey who in his classical book “Introduction to the Study of the Law of the Constitution“ published in 1885 tried defining this concept.

 

According to Dicey, Rule of law consists of 3 components:

  1. Supremacy of Law: According to this principle, a man can only be punished if he violates the law of the land and the punishment can only be based on rule of law. In other words, there is nothing called arbitrary power or discretionary power.
  2. Equality before the law: According to it, all classes of people are subjected equally to the ordinary law of the land. That means, no man is above the law. Every Official of the Government just like a normal citizen has to obey the same law and there can be no special courts or special treatment for them.
  3. Predominance of Legal spirit: It means that the Constitution is not the source but the consequence of the rights of the individuals.

 

Rule of Law and India

In India, the Constitution is the source of the individual rights instead of the other way round, as was suggested by Justice A.V. Dicey. That means Predominance of Legal spirit is not a part of Indian “Rule of Law”.

Related Article:

Fundamental Rights, Detailed Analysis Part I

Fundamental Rights, Detailed Analysis Part 2

Governor : The State Executive Head

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governor

Chapter two of Part- VI of the Constitution of India declares the existence of post of a Governor through its Article 153 that pens down: “There shall be a Governor of each state”.

Qualification, Appointment, and Term of the Office

Articles 157 and 158 deal with qualification and conditions for entering the Governor’s office.

According to Article 157 a person, who is a citizen of India and has attained the age of 35 years, is qualified for holding the post.

It becomes when one goes through Article 158, clear that there are many conditions that a Governor has to accept to become or hold the office.

These conditions are:

A person, who is a member of either House of Parliament or of a House of Legislature of any State Specified in the first schedule, cannot become a Governor, says Article 158. The Article further says, ‘if a member of either House of Parliament or of a House of the Legislature of such State be appointed Governor, he shall be deemed to have vacated his seat in that House on the date on which he enters upon his office as Governor’ (clause 1 Article 158). Clause 2 of the Article 158, in a single sentence, makes it clear that a Governor cannot hold any other office of profit.

Must Read: The Governor : Appointment, Functions, and Powers

The Appointment and Term

On the appointment of an Executive head of the State, the Article 155 states rather plainly that “The Governor shall be appointed by the President by warrant under his hand and seal”. On the term of the office of Governor the Article 156 states that he shall hold the of the during the pleasure of President (clause 1); he can resign by sending a resignation letter, under his hand, to the President (clause 2); he holds his office for a term of five years from the date he enters upon his office (clause 3).

The clause-3 also states that the Governor, even after expiration of his term, will continue to hold the office till his successor enters upon the office.

Powers of a Governor

A Governor of a state has three types of powers:

  1. Executive power
  2. Legislative power
  3. Emergency power

Executive Power

The Constitution of India, through its Article 154, has made the Governor the head of the State Executive. Clause 1 of Article 154 states, “The executive power of the State shall be vested in the Governor and shall be exercised by him either directly or through offices subordinate to him in accordance with this Constitution”.

One thing becomes crystal clear that through this clause the Constitution emphasizes the Supreme Power of the Constitution of India; it says at the last of the clause 1 of the Article 154 that the Governor has to apply and use his power as an Executive head of a State in ‘accordance with the Constitution’. So a Governor cannot act arbitrarily. He has to follow the rules set by the Constitution.

The power to grant pardons, etc. comes within the ambit of the Executive Powers conferred through Article 161 that, while dealing with these powers, states that the Governor of a State has got the power to grant pardons, reprieves or remissions of punishment or to suspend, remit or continue the sentence of any person convicted of any offence against any law relating to a matter to which the executive power of state extends.

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Legislative Power

Apart from having the right to address and send messages, and summon, prorogue and dissolve the State Legislature, according to Article 202, the Governor has the power to ask for the annual financial statement to be laid before the State Legislature: Article 207 puts forward the Governor’s power of making demands for grant and recommending “Money Bill”.

Governor’s Power of Veto

When a Bill, after being passed by the House of Legislature, is presented to the Governor, he may grant his assent to the Bill, making the Bill a Law; or he may withhold his assent, causing the Bill to fail in becoming a Law; or, he may return the Bill with a message, it the Bill is not a Money Bill.

Emergency Power

Article 356 empowers the Executive head of the State to send a report to the President, if he becomes satisfied that a situation has emerged in which the State Government cannot function in accordance with the provisions of the Constitution, thus inviting the President to assume himself the functions of the State Government. This is generally termed as President’s Rule.

It is important here to mention that clause 4 of Article 356 States that a proclamation (of President’s Rule) ‘so approved shall, unless revoked, cease to operate on the expiration of a period of six months’.

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Governor Generals and Viceroys of India

National Human Rights Commission (NHRC)

National Medical Commission (NMC) – All You Need To Know

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national medical commission nmc

The government of India has decided to shut down Medical Council of India and bring the new National Medical Commission in its place to correct the whole medical ecosystem. Recently cabinet has approved the new bill to replace MCI with NMC.

After approval of the parliament and President’s signature, the bill will bring NMC into existence to become the main regulatory body and take over all roles and responsibilities of the MCI. Currently, the MCI is a statutory body for establishing uniform and high standards of medical education in India.

The bill is considered to enable a forward movement in the area of medical education reform. This new bill will replace the Medical Council 1956 Act.

Committee’s Recommendation

This move of government came after a suggestion from a high-level committee headed by Niti Aayog vice chairman Arvind Panagariya. The four-member panel was to look into the issue of poor regulation of medical education by MCI. Others members were Prime Ministers Additional Principal Secretary PK Mishra, Niti Aayog CEO Amitabh Kant and Health Secretary Bhanu Pratap Sharma.

Structure of National Medical Commission

There will be 25 members in NMC.

  • 1 Chairman
  • 1 Member Secretary
  • 12 Ex-Officio Members
  • 11 Part-time Members

Ex-officio members of NMC

  • Four presidents of boards
  • DGHS
  • DG (ICMR)
  • Dir (AIIMS, New Delhi)
  • Nominee of Ministry
  • Nominees of PGI Chandigarh
  • Nominees of JIPMER Puducherry
  • Nominees of TMCH Mumbai and
  • Nominees of NEIGRIHMS Shillong

Part-time members of NMC

  • 3 members from management, economy, law, consumer rights, health research, science and technology
  • 3 members from the Medical Advisory Council
  • 5 elected medical persons

It must be noted that at least 16 and up to 22 of the 25 members of NMC would be medical professionals. The selection of members will be done by a search committee chaired by Cabinet Secretary.

Features of New National Medical Commission Bill

The new bill will move the approach towards outcome-based regulation of medical education rather than process oriented regulation.

It will ensure proper separation of functions within the regulator by having autonomous boards.

It will create accountable and transparent procedures for maintaining standards in Medical Education.

It will create a forward-looking approach towards ensuring sufficient health workforce in India.

It will end heavy-handed regulatory control over medical education institutions and a shift towards outcome-based monitoring.

Today in History – 4 March

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today in history 4 march
today in history 4 march

1858

J. P. Walker, British Officer, along with 200 prisoners who were mainly from the Indian Sepoy Mutiny, sailed from Calcutta to start a new settlement in the Andaman Islands.

1939

Lala Har Dayal, revolutionary, nationalist and freedom fighter, passed away in Philadelphia.

1951

Eleven countries and 489 male and female athletes participated in the first Asian Games started at National Stadium in New Delhi.

1961

First Indian aircraft carrier naval fighter vessel ”INS. Vikrant” was commissioned in Belfast.

1996

Union Govt. decides to set up a national grid for the distribution of petroleum products.

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Today in History – 3 March

Today in History – 2 March

Today in History – 1 March

Wildlife Corridors – Elephant Lifeline(s) – of Coimbatore

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Wildlife Corridors

Wildlife Corridors, which maintain biodiversity concede populations to interbreed, better long-term genetic viability and cater access to larger habitats, are very important because they increase the effective amount of habitat that is procurable for these species. This is particularly important for migratory animals and those having large home ranges like elephants.

However, wildlife corridors need special management practices that can endorse the requirements of the species which use the corridors. These wildlife corridors must be managed with great caution because they are very much defenseless.

Must Read: Wildlife Sanctuaries in India

The Coimbatore Forest Division

The Coimbatore district in Tail Nadu is enriched with hills, forests, rivers and wildlife. In the corridors of Coimbatore Forest Division, which comes under the Project Elephant Reserve No.8, elephants can be seen wandering in small herds in Walayar and Bolampathy Valleys, Anaikatti reserve forests, etc.

The Coimbatore Forest Division is a part of the Nilgiri Biosphere Reserve (NBR); it also forms part of the core zone of the Reserve. The Coimbatore Forest Division passes significant numbers of elephant population and is among the eleven Elephant Reserves in India and one among four in Tamil Nadu.

However, everyone, and not only wildlife lovers, should come to face the truth that elephants presently face danger to their existence because of the loss of habitat, habitat manipulation, anthropogenic pressure and loss of corridors.

The wildlife corridors are responsible for the movements of animals and gene flow amongst the habitats or forests for a better and healthy population of elephants. Loss of wildlife corridors limits the fauna and flora into small pockets of habitats or forests.

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There are, in the Coimbatore Forest Division, six important elephant wildlife corridors are:

Kalkothi – Walyar Corridor

As one of the major wildlife corridors, this corridor commences from Kalkothi (Bolampathy Range) and ends with Chinnapathy of Mannarkad Forest Division via Perumalkoilpathy, Mangalapalayam and Walayar (Coimbatore Range).

In this corridor, most of the areas are undulating terrain. Incessant water sources present in this corridor are Aaimoolai, Surulipadugai, Oritha, Parapathi and Chinnapathy as also some seasonal water sources.

The major menace for this corridor is the extension of agriculture, constructions, indiscriminate water tapping through bore-wells, quarries and because of inter-state railway track.

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Anaikatti – Veerapandi Corridor

Of the wildlife corridors of Coimbatore Forest Division, this corridor is encircled in the north by Periyanaickenplayam in the south by Anuvavi Subramanaya Kail, east by Chinna Thadagam and west by Anaikatti village.

For the elephants, Kodungarai Pallam is the major water source and there are also endless and seasonal water sources available in this corridor. In the Coimbatore Forest Division, the menace to this corridor is the indiscriminate growth development of building constructions in the fringe areas of the corridor.

Kallar – Jaccanari Corridor

Among the wildlife corridors, this important corridor of the Coimbatore Forest Division commences at Kothagiri Road and goes up to Kollar Reserve Forests along the foothills of Jaccanari Mountain bisecting the Mettupalayam – Coonor Highway and Kallar. This is a narrow corriodor having various anthropogenic pressures. Due to the emergence of numerous private educational institutions on the periphery of the forest, elephants have stopped using this corridor that may sound alarming to ecologists.

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Marudamalai – Thanikandy Corridor

This corridor is encircled in the north and south by Coimbatore, on the west by Kerala and on the east by Iruttupallam village in Tamil Nadu. The terrain includes undulating plains and steep and also steep hillocks. The ceaseless water sources available in the area are Vaidhegi falls, Papanasam, Attukal and Paraikinaru. The major threat to this corridor is the expansion of Agriculture in its area.

Kollar – Nelkithurai Corridor

Of the major wildlife corridors, this important corridor of the Coimbatore Forest Division is encircled on the north by a series of hills and on the east by other settlements.

The corridor commences from a point, that is known as first hair pin bend, behind Government Horticulture Garden at Kallar on the way to Ooty and extends goes up to Pillur Reservoir along the banks of Bhavani River.

Here, in this corridor, the movements of elephants are hampered due to the extension of agriculture along the outer sphere of the corridor, and due to which elephant damages the crops severely.

This corridor is the one and only corridor that is the only transit route for elephants to move between Pillur Resreve Forests and Attapady valley from Eastern Ghats.

Fuel wood collection by forest settlements and livestock grazing are posing a great threat to this corridor.

Jaccanari – Vedar Corridor

As one of the important wildlife corridors, this corridor is encircled by sudden escarpment of the Jaccanari Mountain’s on the north and on the east by crop fields. Between the Forest College (Mettupalayam) and Vedar Colony,this corridor is very narrow. It has severe anthropogenic pressure because of which elephants cause brisk depredation. During the dry season elephants get support from the ceaseless Ghandhapallam and Kunukkumadu waterway.

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Also Read: All You Need to Know About Indian Forest Service