[CA] SC sets up panel for to suggest reforms for holding competitive exams

Supreme Court has set up a committee to suggest reforms to hold the competitive exams after the conflicts that arised in SSC examination. The committee includes Nandan Nilekani, a co-founder of tech giant Infosys, and renowned computer scientist  Vijay P Bhatkar.

The committee would suggest reforms to the government bodies, which conduct competitive examinations like the SSC, as there are several cases of questions paper leaks.

This committee was set up after conflict arised in SSC 2017 result publication, though it was ordered to cancellation because of difficulty in identifying the cause of the paper leak. Cancellation had a huge protest from the aspirants side. So the court in 2017 hearing has implemented to conduct it afresh by the National Testing Agency or the CBSE “in the interest of students”.

Petitioner Shantanu Kumar, who had sought cancellation of examination, had said that contract of private company Sify Technologies Pvt Ltd, which had conducted the SSC examination, is now called off.

The SSC is a government body which conducts examinations to recruit staff at multiple levels in various ministries and departments.

[CA] Former CM is only a commoner: Supreme Court

A former Chief Minister is only a commoner and not a “special class of citizen” who can enjoy privileges, perks and official bungalows at taxpayers’ expense for his entire lifetime: Supreme Court (Uttar Pradesh government enacted a law that allows former CMs to retain official bungalows and staff for the rest of their lives; NGO Lok Prahari filed a case against this law in the Supreme Court)

·       The verdict given by Justice R. Banumathi and Justice Ranjan Gogoi said that, the Chief Minister once he/she demits the office, is ona par with the common citizen, though by virtue of the office held, he / she may be entitled to security and other protocols but allotment of government bungalow, to be occupied during his/her lifetime, would not be guided by the constitutional principle of equality

·       The judgment mentions that State like Tamil Nadu have no provision for providing official accommodation to former Chief Ministers. However, States like Bihar and Assam have included the provision through executive instructions.

·       The court had expanded the petition to cover all the other states

[CA] Cauvery Veridct

[CA] SC Mutiny [CJI Vs Other Judges]

Four judges of the Supreme Court (on Jan 12, 2018) went public with their grievances against Chief Justice of India Dipak Misra, saying things were not right the way India's top court was functioning. Justices J Chelameswar, Ranjan Gogoi, Madan B Lokur and Kurian Joseph, in an unprecedented press conference, said repeated attempts to alert the Chief Justice to their concerns -- including a meeting with him this morning -- had failed to make any progress which is why they decided to voice their complaints publicly.

Justice J Chelameswar	·        Second most senior judge of the Supreme Court after the Chief Justice of India ·        Became a Supreme Court judge on October 10, 2011 and will retire in June this year before the Chief Justice retires ·        Has been openly critical of the collegium system of appointing judges to the Supreme Court and high courts ·        Was in favour of the National Judicial Appointments Commission (NJAC) for appointing judges, gave a dissenting order as part of the bench that declared NJAC unconstitutional in 2015 ·        Was on the Supreme Court bench that last year ruled that privacy is a Fundamental Right
Justice Ranjan Gogoi	·        Will be the next Chief Justice of India, the first judge from the North East to do so ·        Son of former Assam Chief Minister Late KC Gogoi ·        Was on the bench that made it mandatory for those contesting parliamentary and assembly elections to declare their assets, education background and cases against them ·        Was among the seven judges who last year sentenced Justice CS Karnan, a sitting high court judge, to six months in jail for contempt. ·        Was part of the two-judge bench that struck down OBC status to Jats
Justice M B Lokur	·        Became a Supreme Court judge in 2012, due to retire in December this year ·        Was among the two judges who ruled last year that sex with minor wife is rape
Justice Kurian Joseph	·        Became a Supreme Court judge in 2013, due to retire in November this year ·        Was among the judges who ruled last year that triple talaq is unconstitutional ·        Was part of the bench that struck down the National Judicial Appointments Commission (NJAC) as illegal in 2015

[CA] Sec 377 of IPC: SC refers to Constitutional Bench

The Supreme Court referred to a larger Bench a writ petition filed by five petitioners to quash Section 377 of the Indian Penal Code which criminalises homosexuality. The apex court said a section of people cannot live in fear of the law which atrophies their right to choice and natural sexual inclinations. It said societal morality changes with time and law should walk and change pace with life.

The court observed that what is natural for one may not be natural for the other, but the confines of law cannot trample or curtail the inherent rights embedded with an individual under Article 21 (right to life) of the Constitution.

            A three-judge Bench led by Chief Justice of India Dipak Misra decided to revisit its December 2013 verdict in Suresh Kumar Kaushal vs. Naz Foundation which dismissed the LGBT community as a negligible part of the population while virtually denying them the right of choice and sexual orientation.

Twenty-six nations — Australia, Malta, Germany, Finland, Colombia, Ireland, the U.S., Greenland, Scotland, Luxembourg, England and Wales, Brazil, France, New Zealand, Uruguay, Denmark, Argentina, Portugal, Iceland, Sweden, Norway, South Africa, Spain, Canada, Belgium, and the Netherlands — have decriminalised gay sex.

[CA] Right to Privacy

[CA] Triple Talaq

[CA] German Vs Sanskrit

German Vs Sanskrit

Why in news?

·        Union Ministry of Human Resource Development (HRD) decided to use Sanskrit as a third language in schools of Kendriya Vidyalaya (KVs) in place of German language.

·        The decision to discontinue German was taken after the meeting of Board of Governors of Kendriya Vidyalaya Sangathan (KVS).

·        The meeting was headed by Union HRD Minister Smriti Irani.

[German, which was taught as an option to Sanskrit, has now been made an additional subject or hobby class (not a third language) for students from classes 6 to 8.]

  

Aftermath:

·        The decision is expected to affect about over 70000 students across 500 KVs from classes 6 to 8 who will be asked to switch from German to Sanskrit.

·        However, students will be given an option to pick any Indian language of their choice as annual exams are barely three months away.

Flashback:

·        German was taught as a third language from classes 6 to 8 in KV schools after a Memorandum of Understanding (MoU) was signed between KVS and Goethe Institute—Max Mueller Bhawan in 2011.

·        However, the MoU was not referred to HRD Ministry at any stage.

·        Earlier at the start of 2014, Sanskrit Shikshak Sangh had  moved the Delhi High Court alleging that KVS had introduced German as a third language in place of Sanskrit against the education policy.

·        The three language formula as enunciated by the National policy on Education states and subsequently by the National Curriculum Framework 2005 states that Sanskrit may be studied as a modern Indian language apart from Hindi and English.

·        Though the HRD Ministry had said that not teaching Sanskrit as third language in KV schools is the violation of the Constitution and National Policy on Education and have even launched an investigation on the MoU signed between KVS and Goethe Institute in 2011, however, critics see it otherwise.

What the 2011 MoU says

Agreement signed in Sept 2011 in presence of then German MoS in foreign office Cornelia Pieper and erstwhile MoS, HRD, E Ahmed

KVs to teach German as option for third language from Class VI to VIII

In 2011, about 200 KVs began teaching the language

Every year, the number of KVs offering German was to go up

Goethe Institute supports KVs with teaching material, selection and training of teachers

Organizes competitions and cultural programmes for students

 German in Schools - a statistics:

·        From 2008, the number of Indian students going to Germany for higher studies has risen by 114 per cent.

·        Germany is one of the top destinations for Indian students, particularly those studying engineering, science and technology, for affordable higher education and possible employment.

·        Proficiency in German language is an asset that these students pursue while in school itself.

Modi & Angela meets:

·        German Chancellor Ms. Angela Merkel raised the issue with Mr. Narendra Modi on the sidelines of G20 Summit.

German Vs Sanskrit:

The scrap German decision likely to affect more than 65000 students across nearly 500 KV schools and also make untenuous the job of 700 teachers of the language in these schools

Oct 27: KV board decides to discontinue German teaching as option to Sanskrit

Nov14: Smriti Irani defends decision saying existing arrangement violates 3-language formula

Ø     German to continue to be taught as “additional subject of hobby class” Ø     Says 2011 MoU on German as third language unconstitutional Ø     HRD Ministry claims MoU between KVS and Goethe Institute Max Mueller Bhavan never referred to it. Matter came to light when it came up for renewal

Nov 21: SC petitioned. Issues notice to government

Nov 27: Govt reiterates position before apex court that Sanskrit would be third language in place of German in KVs from classes VI to VIII

Nov 28: SC asks HRD to consider continuing German for present academic session

Dec 05: Centre stood by its decision on replacing German as third language with Sanskrit but conceded before the SC that no exam would be conducted for the subject in the current academic session

  

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[Polity] Indian Supreme Court Vs US Supreme Court

Polity

Important Terms and their Differences – 5

Indian Supreme Court Vs USA Supreme Court

Indian SC	American SC
Its original jurisdiction is confined to federal cases	Its original jurisdiction covers not only federal cases but also cases relating to naval forces, maritime activities, ambassadors etc
Its appellate jurisdiction covers constitutional , civil and criminal cases	Its appellate jurisdiction is confined to constitutional cases only
It has a very wide discretion to grant special leave to appeal in any matter against the judgement of any court or tribunal (Except military)	It has no such plenary power
It has advisory jurisdiction	It has no advisory jurisdiction
Its scope of judicial review is limited	Its scope of judicial review is very wide
It defends rights of the citizen according to the ‘procedure established by the law’	It defends rights of citizen according to the ‘due process of law’
Its jurisdiction and powers can be enlarged by the Parliament	Its jurisdiction and powers are limited to that conferred by the Constitution
It has power of judicial superintendence and control over state high courts due to integrated judicial system	It has no such power due to double (or separated) judicial system

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[Polity/Curr Affairs] SC Judgement on Transgenders

Transgenders - Third Gender

Historic background of Transgenders (TG)

·        Ancient text: TG are mentioned but never in poor offensive light.

·        Medieval times: TG held important positions in royal courts.

·        British India: Discrimination starts. Criminal Tribes Act 1871-labelled Hijras = criminal tribes, habitual offenders. They could be arrested without warrant, jailtime upto two years.

Constitution Vs Transgender Community:

Constitution	Transgender Community (TG)
Article 14	·        Equality before the law or the equal protection of the laws within the territory of India. ·        But Indians laws only recognized two genders: male and female, then provide for marriage, adoption, inheritance, succession and taxation and welfare legislations accordingly. ·        Since TG don’t in the binary gender of male vs female. They’re denied equal protection of law. ·        For example, TG are subjected to molestation, forced anal sex, gang rapes and public stripping but police wouldn’t lodge FIR under IPC.
Article 15	·        State shall not discriminate against any citizen on grounds of sex. ·        Access to shops, public restaurants, hotels, theatres and other public places. ·        But TG are denied entry to such public places and treated as outcasts & beggars.
Article 16	·        Equal opportunity for all citizens for public employment. But given the socio-economic-educational backwardness, TG do not stand equal chance against male and female applicants in competitive exams for entry in government service or educational institutions. {recently, in Tamil Nadu, a TG wrote TNPSC – TN Public Service Commission examination – probably the first TG to write government exam in TG tag – TN always ahead in socio-economic cases is once again proved}
Article 19	·        Deals with six freedoms. ·        Identifying one’s gender= right to speech & expression, but TG are denied- they’ve to pick either male or female identity. ·        Society also prohibits TG the right to reside and practice any profession throughout the country.
Article 21	·        Protection of life and liberty- and all the derivative rights such as right to livelidhood, health, dignity etc. are denied to TG community.
Article 51 (Directive Principles of State Policy)	·        State need to respect international laws and treaties. ·        India has ratified both UN declaration and human rights and International Covenant on Civil and Political Rights, 1966. ·        Both of those treaties provide equal treatment to all- including TG. ·        But Indian government hasn’t taken steps to ensure this. Successive Governments have also failed to implement other Directive principles of state policies (DPSP) related to equal justice, living wage, standard of living for TG community.

In the backdrop of these discriminations, NALSA had filed writ petition in Supreme Court. (2012) with two demands:

Ø     That TG should be recognized as a separate gender. (Aadhar and a few other documents have this provisions but by and large no option for third gender.)

Ø     That TG should be given all the fundamental rights available to other male and female citizens of India.

National Legal Services Authority (NALSA) is a body established under Legal Services Authority Act. They provide free legal services to the weaker and other marginalized sections of the society.

 SC Judgment on TG (April 2014)

Supreme Court (Justice K.S. Radhakrishnan & Justice A.K. Sikri) granted following rights to Transgender and ordered Union & State governments to implement them:

Ø     TG have all fundamental rights available to Indian citizens, including free and compulsory education

Ø     TG have right to form family, adopt children and inherit property.

Ø     Government shall provide formal identity to third gender- in passports, licenses and ration cards.

Ø     Government shall treat them as socially and educationally backward class, eligible for reservation in government jobs and educational institutions.

Ø     Social welfare schemes, healthcare programs, separate HIV surveillance Centres and public toilets.

Ø     For identification of TG- Psychological test and not the biological test will be used.

Ø     No one can be forced to undergo sex-change surgery to fit in the male or female gender.

Ø     Public awareness campaigns to end social stigma, fear, shame, depression and suicidal tendencies among TG. Make TG feel they’re also part and parcel of social life. Don’t treat them as untouchables.

Ø     Implement these within six months.

Transgender rights: elsewhere in world

Country	Status
USA	Provides workplace protection to LGBT Community(2013)
Australia	Recognized them as “Third Gender” (2013)
Germany	First European country to recognize third gender. Birth – certificate provides three categories – Male / Female / Intermediate
South America	Argentina, Uruguay and some other countries have progressive laws for them
Nepal	Third Gender column in passport and census forms
Argentina	Sex change operation is a legal right Person can change sex in passport and other documents even without undergoing tests
Netherlands	Third gender column in birth certificate etc. Person can change sex in documents without undergoing test / surgery
Elsewhere	In many countries, there is not third gender column in official documents In some countries, person must undergo sterilization before their third gender identity is recognised

Naz Foundation Case	NALSA Case
Sexual Rights for LGBT Community	Constitutional and Legal Rights of Transgender Community
Main argument: Section 377 of IPC is unconstitutional	Main Argument: Transgenders are not given Fundamental Rights under Articles 14, 15, 16, 19 and 21
Case defeated	Won
Homosexuality is still a crime under Sec 377 of IPC (Dec 2013 SC Judgment)	Transgender have all Fundamental Rights and Legal Rights (April 2014 SC Judgment)

LGBT -> Lesbian, Gay, Bisexual and Transgender

IPC -> Indian Penal Code

NALSA -> National Legal Services Authority

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