Thursday, August 27, 2020

Article 370 in brief

 Article 370 of the Indian Constitution is a 'temporary provision' which grants special autonomous status to Jammu & Kashmir. Under Part XXI of the Constitution of India, which deals with "Temporary, Transitional and Special provisions", the state of Jammu & Kashmir has been accorded special status under Art370. All the provisions of the Constitution which are applicable to other states are not applicable to J&K. For example, till 1965, J&K had a Sadr-e-Riyasat for governor and prime minister in place of chief minister

After J&K's accession, National Conference leader Sheikh Abdullah  took over reins from Dogra ruler Maharaja Hari Singh and in 1949, he negotiated the state's political relationship with New Delhi, which led to the inclusion of Article 370 in the Constitution.


History.....


Sheikh Abdullah had argued that Article 370 should not be placed under temporary provisions of the Constitution. He wanted "iron clad autonomy" for the state, which the Centre didn't comply with.

Provisions...

According to this article, except for defence, foreign affairs, finance and communications, Parliament needs the state government's concurrence for applying all other laws. Thus the state's residents live under a separate set of laws, including those related to citizenship, ownership of property, and fundamental rights, as compared to other Indians. As a result of this provision, Indian citizens from other states cannot purchase land or property in Jammu & Kashmir.

Thursday, August 20, 2020

LOCKDOWN VS CURFEW VS SEC144

 

Section 144 Crpc, 1973

This section basically provides the power to Executive magistrate or District Magistrate to pass an order in the interest of public. The order passed under the section 144 crpc is basically a prohibitory order which prohibits an individual or persons residing in a particular area or place or the general public from visiting any place or area.

The order passed under this section can be in force only for the 2 months from the date of making but it can be extended further for 6 months from the date of making of an order by the state government if it considers it necessary for preventing any danger to human life, health or safety.

Lockdown

The word lockdown is not a legal term. The lockdown can be enforced by a collector or chief medical officer in a particular area by deriving power from Epidemic Diseases Act, 1897. This act basically gives the power to the state government sweeping discretionary powers to mould restrictions as per the need. This also gives them the power to restrict the assembly of 5 or more people in close quarters.

What happens in a lockdown?

Under lockdown people are required to stay indoors except if they are accessing essential services and commodities such as hospital or buying groceries.

Under a lockdown, the police do not have the power to arrest anyone who is violating the lockdown without the court’s permission. Infact they can only give them warning and advice people to go home. But if the person doesn’t listen to the police then the police may arrest the person under section 269 and 270 of IPC as it relates to the public health.

Basically section 269 says that if a person negligently does any act, which he knows or has reason to believe to be, likely to spread the infection of any disease dangerous to life, will be punished with imprisonment which may extend to six months, or with fine, or with both.

And section 270 talks about that any person who knows that he has some kind of disease and still knowingly he moves around people in order to infect them he will be punished with imprisonment which may extend to two years, or with fine, or with both.

Curfew

It is basically imposed by the District magistrate only and under it even all the essential services are shut down. Only administration and police personnel are allowed on the streets.

The biggest question here is what is been imposed right now in India?

Basically the state government has used combination of the Epidemic Diseases Act and Section 144 of crpc to impose the restrictions as law and order is a state subject and each state has its own laws and its implementing measures depends upon the resources it has. So, in short we can say that lockdown is imposed in whole India along with the curfew depending upon state resources.

Thursday, August 6, 2020

New Education policy

The NEP 2020 aims at making “India a global knowledge superpower”.
  • The Cabinet has also approved the renaming of the Ministry of Human Resource Development to the Ministry of Education.
  • The NEP cleared by the Cabinet is only the third major revamp of the framework of education in India since independence.
    • The two earlier education policies were brought in 1968 and 1986.
    • Key Points

      • School Education:
        • Universalization of education from preschool to secondary level with 100% Gross Enrolment Ratio (GER) in school education by 2030.
        • To bring 2 crore out of school children back into the mainstream through an open schooling system.
        • The current 10+2 system to be replaced by a new 5+3+3+4 curricular structure corresponding to ages 3-8, 8-11, 11-14, and 14-18 years respectively.
          • It will bring the uncovered age group of 3-6 years under school curriculum, which has been recognized globally as the crucial stage for development of mental faculties of a child.
          • It will also have 12 years of schooling with three years of Anganwadi/ pre schooling.
        • Class 10 and 12 board examinations to be made easier, to test core competencies rather than memorised facts, with all students allowed to take the exam twice.
        • School governance is set to change, with a new accreditation framework and an independent authority to regulate both public and private schools.
        • Emphasis on Foundational Literacy and Numeracy, no rigid separation between academic streams, extracurricular, vocational streams in schools.
        • Vocational Education to start from Class 6 with Internships.
        • Teaching up to at least Grade 5 to be in mother tongue/regional language. No language will be imposed on any student.
        • Assessment reforms with 360 degree Holistic Progress Card, tracking Student Progress for achieving Learning Outcomes
        • A new and comprehensive National Curriculum Framework for Teacher Education (NCFTE) 2021, will be formulated by the National Council for Teacher Education (NCTE) in consultation with National Council of Educational Research and Training (NCERT).
          • By 2030, the minimum degree qualification for teaching will be a 4-year integrated B.Ed. degree.
          • Higher Education:
            • Gross Enrolment Ratio in higher education to be raised to 50% by 2035. Also, 3.5 crore seats to be added in higher education.
              • The current Gross Enrolment Ratio (GER) in higher education is 26.3%.
            • Holistic Undergraduate education with a flexible curriculum can be of 3 or 4 years with multiple exit options and appropriate certification within this period.
            • M.Phil courses will be discontinued and all the courses at undergraduate, postgraduate and PhD level will now be interdisciplinary.
            • Academic Bank of Credits to be established to facilitate Transfer of Credits.
            • Multidisciplinary Education and Research Universities (MERUs), at par with IITs, IIMs, to be set up as models of best multidisciplinary education of global standards in the country.
            • The National Research Foundation will be created as an apex body for fostering a strong research culture and building research capacity across higher education.
            • Higher Education Commission of India (HECI) will be set up as a single umbrella body for the entire higher education, excluding medical and legal education. Public and private higher education institutions will be governed by the same set of norms for regulation, accreditation and academic standards. Also, HECI will be having four independent verticals namely,
              • National Higher Education Regulatory Council (NHERC) for regulation,
              • General Education Council (GEC) for standard setting,
              • Higher Education Grants Council (HEGC) for funding,
              • National Accreditation Council (NAC) for accreditation.
            • Affiliation of colleges is to be phased out in 15 years and a stage-wise mechanism to be established for granting graded autonomy to colleges.
              • Over a period of time, every college is expected to develop into either an autonomous degree-granting College, or a constituent college of a university.

Motivation

Spending too much time in your weaknesses wears you down. Spending more time in your strengths helps you renew your energy and find your flow.

Strengths are the place where you can grow your best. Find the things that you can do all day that you really enjoy and find excuses throughout your day to do more of that. Success builds on itself and this helps you build momentum.

Try out the motivation techniques to see what works for you.

At the end of the day, all motivation really comes down to self-motivation, and you get better at motivation by building your self-awareness.

If you tell yourself you “HAVE” to do this or you “MUST” do that or you “SHOULD” do this, you can weaken your motivation.

The power of choice and simply reframing your language to “CHOOSE” to can be incredibly empowering and exactly the motivating language you need to hear. Choose your words carefully and make them work for you.