63rd Independence Day Presidential Speech

Emphasizes that democracy, inclusive economic development, social empowerment and the value system based on our heritage are the building blocks of our nationhood.

* The voice of every citizen is important and the principle of inclusiveness is integral to democracy.

* Each elected Member of Parliament has an obligation to work for the welfare of the people and the progress of the nation.

* Need to have an effective governance system which is more transparent and accountable.

* Implementation of the flagship programs of the Government will have to be at optimal levels for an impact to be made on the lives of the people.

* The administrators must be responsive to the needs of the people.

* Government is taking all possible steps to deal with less than normal monsoon situation this year.

* H1N1 influenza situation is being tackled by the Government with all the necessary measures in place.

* Citizens need to join hands with the Government in nation building and development initiatives.

* Even in the face of a global slowdown we must work to continue for our economic growth .

* Focus should be on strengthening our academic institutions and research facilities to achieve excellence.

* Weaker and the vulnerable sections of society need to be provided with the tools of empowerment - access to education, health and skill-building.

* Right of Children to Free and Compulsory Education Bill is a landmark legislation for achieving our goal of universal education.

* India should build its destiny on a culture of peace and harmony. There should be harmony between good traditions and progress.

* Terrorism must be defeated in the interest of the collective goal of humankind to build peaceful societies and a peaceful world.

* Communal Harmony holds the key to progress

Important highlights of country-wise Foreign Tourist Arrivals during 2008

Following are the important highlights of the country-wise Foreign Tourist Arrivals (FTAs) in India during 2008. According to Ministry of Tourism, Government of India a total of 5.37 million Foreign Tourist Arrivals were estimated for 2008.
· As far as the different regions of the world are concerned, maximum growth in 2008 over 2007 was observed for West Asia (20.9%) followed by Eastern Europe (18.5%), Central and South America (12.7%) and South East Asia (10.5%). The growth rate in 2008 was lower than the all-India growth rate of 5.6% in the FTAs from North America (4.4%), East Asia (3.6%), Western Europe (2.9%) and Africa (2.7%).
· The top ten countries for FTAs in India during 2008 were USA (827866), UK (787197), Bangladesh (540092), Sri Lanka (228548), Canada (223587), France (217816), Germany (209252), Japan (150732), Australia (148055) and Malaysia (119040). FTAs from these ten countries constituted about 64.34% of total FTAs in India during 2008.
· The maximum growth rate in FTAs was observed for Oman (54.9%), followed by Myanmar (54.0%), UAE (44.0%), Afghanistan (43.4%), Nigeria (29.8%), Denmark (24.1%) and Brazil (21.8%). The share of these countries in total FTAs, however, is quite low.
· Some of the countries in respect of which a decline in 2008 over 2007 in FTAs was observed are Pakistan (-25.1%), Finland and Kenya (-10.1%), Mauritius (-8.5%) and South Africa (-6.2%).
· FTAs from UK, which is the second most important source market for India, also observed a decline of 1.1% in 2008 over 2007, whereas the number one source market, USA, observed an increase of 3.6%.
· The growth rate observed for some of the other important source markets for FTAs in India in 2008 over 2007 are Germany (13.6%), China (12.1%), Australia (8.9%), Singapore (8.0%), Canada (7.4%), France (6.3%), Malaysia (5.6%), Japan (3.6%), South Korea (-2.7%) and Italy (-4.6%). Thus, the growth in FTAs from most of the top source markets of the country has been higher than the average growth of FTAs (5.6%) in 2008 over 2007.

Ashoka Chakra to Major Mohit Sharma and Major D Sreeram Kumar

The President has awarded Ashoka Chakra to Major Mohit Sharma (posthumous) and Major D Sreeram Kumar on the eve of Independence Day. Four Kirti Chakra have also been awarded to Major Amit Oscar Fernandes, Major Deepak Tewari, Naik Rishikesh Gurjar and Paratrooper Shabir Ahmad Malik (posthumous).
IC 59066N MAJOR MOHIT SHARMA (POSTHUMOUS)
1ST BATTALION THE PARACHUTE REGIMENT (SPECIAL FORCES)
IC 59066N Maj Mohit Sharma was commissioned into First Battalion of the Parachute Regiment (Special Forces) on December 30, 1999. During his initial probation period, he got injured and was posted back to his parent unit on medical grounds where he served for three years. Thereafter was posted to 38 Rashtriya Rifles Battalion and due to his exemplary services in combating terrorism during OP RAKSHAK he was awarded the Chief of Army Staff Commendation Card. After serving in the unit for 21 months he again volunteered for probation with the First Battalion The Parachute Regt (Special Forces) and displaying unparalleled motivation he successfully cleared probation. He was awarded with Sena Medal (gallantry) for his daring covert operation in 2005.
On 21 Mar 2009 while tracking an infiltrating terrorist group he and his men came under heavy volume of fire. Unmindful of his safety he rescued two of his comrades to cover under overwhelming effective fire, killed two terrorists and in the process sustained multiple gunshot wounds. Grievously wounded sensing grave danger to his commandos he charged on the terrorists and killed two more at close range. The brave officer succumbed to his injuries and made the supreme sacrifice in the finest traditions of the paltan and the country.
SS-40576A MAJOR D SREERAM KUMAR
39 ASSAM RIFLES
SS-40576A Major D Sreeram Kumar was born on 11 Jan 1981 at Jhansi in Uttar Pradesh. He passed his matric and intermediate exam from Sainik School Amaravati Nagar, Tamil Nadu in 1996 and 1998 respectively. He was commissioned into 90 Medium Regiment (Artillery) on 20 Mar 2004 and was promoted to the Rank of Major on 24 Aug 2008.
Major D Sreeram Kumar is presently serving with 39 Assam Rifles since Mar 2007 in Arunachal Pradesh (OP ORCHID) and from 07 Dec 2007 in Manipur (OP HIFAZAT). With his consummate leadership and ingenuity he has created an effective and vibrant intelligence network, delivering hard blows to the activities of the terrorists and making it extremely difficult for them to operate in the battalion area of responsibility.
Due to his efforts there has been a palpable decrease in insurgency activities in the unit area of responsibility which has bought succor to the people and ensured their safety. The officer has personally participated in number of operations, leading from the front and has eliminated 12 terrorists, apprehended 23 terrorists and recovered 12 weapons since induction of the Battalion in Manipur (OP HIFAZAT) in Dec 2007. Largely due to his efforts and earnestness the unit in 2008, has achieved numerous operational successes in Manipur (OP HIFAZAT).
IC-59630X MAJOR AMIT OSCAR FERNANDES
SEVENTH BATTALION THE MARATHA LIGHT INFANTRY
IC-59630X Major Amit Oscar Fernandes was commissioned into the 7TH MARATHA LIGHT INFANTRY on 13 May 2000. The officer is presently posted with the battalion which is deployed in Counter Insurgency Operational Area in Jammu and Kashmir since 07 Sep 2006.
He has served with 27 RASHTRIYA RIFLE (MARATHA LIGHT INFANTRY) from 23 Aug 2002 to 18 Aug 2002 deployed in Counter Insurgency Operational in Jammu and Kashmir and thereafter with Commando Wing, Junior Leader Wing, The Infantry School, Belgaum as a Instructor from 19 Sep 2004 to 06 Sep 2006.
On 16 Nov 2008, an input received at 1650 hrs indicated likely presence of terrorists in general area Beli Baihk, District-Baramulla. A well planned search and destroy operation was directed towards general area Beli Baihk at 1700 hrs. Terrorists moving towards Lachhipura was spotted by the search party under Major Amit Oscar Fernandes at 2045 hrs only at extremely close range due to poor visibility and good cover. The contact with terrorists was established and intense fire fight ensured. In the fire fight two terrorists were killed. The third terrorists closed in and fired on Maj Amit Oscar Fernandes. The officer caught the barrel of terrorists weapon and deflected the fire away from himself and his party. The terrorist bit his thumb to release the weapon. Maj Amit Oscar Fernandes overpowered the terrorist, snatched his weapon and shot him dead. Major Fernandes by his raw courage, extreme determination and timely action saved the lives of his comrades while eliminating three hard core terrorists.
IC-61379L MAJOR DEEPAK TEWARI
Corps of EME
IC-61379L Major Deepak Tewari was commissioned into Corps of EME on 08 Dec 2001. He completed his attachment period with 8 Bihar from 08 Dec 2001 to 07 Dec 2002 and was then posted to 7002 EME Battalion from 08 Dec 2002 to 03 Jun 2005. Major Deepak Tewari was posted to 14 Rashtriya Rifles (Garhwal Rifle) on 29 Jun 2008 after completion of his Engineering Degree at MCEME Secunderabad.
On 27 November 2008, he received specific information from the Brigade HQ, regarding presence of five terrorists in one of the houses of Shokbaba. He rapidly moved in pitch dark night, thus surprising the terrorists with the speed of movement. At 0015 hrs while closing in on to the target, the officer heard the militants coming out of the house towards them. On seeing troops, terrorists opened heavy volume of fire. The officer, despite the barrage of fire, displaying nerves of steel and quick reflexes retaliated and chased four terrorists who jumped behind a rock, lobbed a grenade and resumed firing at the officer. In the face of terrorist fire, displaying dogged determination, the officer moved forward with lightning speed, leap frogging behind boulders, encircled the terrorists and in a daring act of bravery, single handedly eliminated three terrorists in extremely close range gun battle of approximately three meters and critically injuring the fourth. The brave officer then provided personal leadership to the team which resulted in elimination of five hardcore Lashkar-e-Toiba terrorists.
9113063K PARATROOPER SHABIR AHMAD MALIK (POSTHUMOUS)
1ST PARA SPECIAL FORCES
No. 9113063K Paratrooper Shabir Ahmad Malik joined the army on 15 Mar 2007 in J&K Light Infantry. An alumnus of the prestigious Sainik School Manasbal, he was a fierce patriot since childhood and thus volunteered for Special Forces. Out of two hundred odd probationers he got selected to become part of the elite First Para (SF) on 15 Mar 2008.
As a young paratrooper, he proved to be a very motivated and hardworking soul. Always ready to volunteer for any task not considering the risks involved. He volunteered as a scout to lead his troops in operations.
On 21 Mar 2009, his troop was tracking an infiltrating column of terrorists when leading as a scout he observed suspicious movement and alerted his commando buddy. An overwhelming volume of fire from three directions by the terrorists resulted in the injury of his buddy. Undaunted the young paratrooper crawled under overwhelming effective fire and rescued his comrade to cover and further charging on the terrorists killed two at close quarters in hand to hand combat. During this act of bravery he sustained severe gunshot wounds but refusing to be evacuated he kept motivating and directing his troop mates. The brave paratrooper finally succumbed to his injuries but not before he had eliminated two hardcore terrorists and helped in successful evacuation of his buddy. This act of valour and selfless sacrifice has made him a youth icon in Kashmir valley.
2994546Y NAIK RISHIKESH GURJAR
10 RASHTRIYA RIFLES (RAJPUT)
2994546Y Naik Rishikesh Gurjar 10 Rashtriya Rifles (Rajput) was born on July 10, 1978 at village Nisura, Dist Sawaimathopur, Rajasthan. He did his schooling in his village and studied upto class 8th. The individual got enrolled into the Rajput Regiment on October 28, 1995 and after successful completion of basic training from Rajput Regimental Centre, Fatehgarh, he joined 3 Rajput in mid-1997. During his service career, he has participated in Operation Vijay at Kargil from June 1999 to Sep 99 in operation in Operation Parakram / Rakshak at Bandipura (J&K) from December 2002 to August 2005 and in operation Rakshak at Doda from October 2007 till date.
Presently as an NCO incharge of Ghatak Platoon of 10 Rashtriya Rifles, he has been part of various operations during, which include arrest of two overground workers with Rs. 1,90,000/-, one Terrorist of LeT ‘Tanzeem’ apprehended with Chinese Grenade and surrender of two terrorists of LeT ‘Tanzeems’.

Science and technology 2009

Largest ever telescope launched from French Guiana ( May 15 2009)

Ariane 5 rocket, the world's largest telescope was launched on May 15 from the Kourou spaceport in French Guiana to investigate the origins of the universe. The Herschel telescope was developed by the European Space Agency (ESA) at a cost of 1.1 billion euros ($1.49 billion). The main objective of the telescope is to determine how the stars and galaxies are formed in the universe. The Physicist Albrecht Poglitsch, of the Max Planck Institute for Extraterrestrial Physics, worked on the development of Herschel's instruments. The stars are comprised of gas and dust, a mix that makes it impossible to see into the star itself with light. Herschel's strength is to enable a look into the gas-dust clouds. The primary mirror of the Herschel telescope is 3.5 meters in diameter, more than four times larger than those of previous infrared space telescopes and almost one and a half times larger than the Hubble space telescope. Herschel will tap into previously unexplored wavelengths and examine phenomena that had been out of reach for other observatories. The telescope will begin to carry out its three-and-a-half-year mission in about a month.

First face transplant patient in US shows face ( 6th May 2009)

Five years ago, Connie Culp, 46-year-old woman in a shotgun blast left a ghastly hole in the middle of her face. Five months ago, she received a new face from a dead woman. She stepped forward to show off the results of the nation's first face transplant, and her new look was a far cry from the puckered, noseless sight that made children run away in horror. Culp's expressions are still a bit wooden, but she can talk, smile, smell and taste her food again. Her speech is at times a little tough to understand. Her face is bloated and squarish, and her skin droops in big folds that doctors plan to pare away as her circulation improves and her nerves grow, animating her new muscles.

UK scientists to develop Swine Flu vaccine (4th May 2009)

As the world is getting ready to fight against Swine Flu (H1N1 virus), researchers from all over the world have stepped up to build a vaccine to fight the scary disease.
A team from National Institute for Biological Standards and Control (NIBSC) in Hertfordshire had started their work for developing a vaccine against the H1N1 virus. The researchers aim to drill a hole in hen's egg, considered for growing up flu viruses. The process involves injecting a small amount of virus into each egg. The scientists are using two different techniques for the process.
The first one is 'reverse genetics', where scientists take the H and the N surface proteins from the H1N1 virus and mix them with a laboratory virus known as PR8. This leads to a creation of a harmless hybrid virus, which can be used for the vaccine.
The second technique involves injecting both the H1N1 and PR8 viruses into eggs and allowing the hybrid strain to be created through a natural re-assortment of their genes. The vaccine will work by dodging the immune system into it has been infected with the H1N1 swine flu virus so that it creates antibodies against it. The researchers hope that the first seed strain of H1N1 swine flu vaccine will be ready in three to four weeks. It will then take another four or five months for vaccine manufacturers to produce the vaccine in bulk.

PET bottles potential health hazard (29th April 2009)

Wagner, a lead researcher stated, “Drinking water from PET plastic bottles is harmful to human health”. It has a higher probability of drinking estrogenic compounds (which affects reproductive hormones) through water. He analysed 20 samples of mineral water. Nine samples came out of glass bottles, nine were bottled in PET plastic and two were in cardboard. The specialised yeast, which change colour in the presence of estrogen like compounds, revealed estrogenic activity in seven of the nine plastic bottles (and both cardboard samples), and compared with just three of the nine glass ones. The levels of these compounds in the water were surprisingly high.

ISRO launches RISAT-2 (20th April 2009)

The Indian Space Research Organisation successfully launched a revolutionary spy satellite RISAT-2. It is designed by the Israeli Aerospace Industries. It can take images through the thickest cloud cover, rain and snow or fog conditions during night and day or even of the hundreds of winding mountain valleys. It will be used extensively for purposes like mapping, managing natural disasters and surveying the seas, it can also see through camouflage like cloth or foliage used to conceal camps or vehicles. It will enable India to keep a watch on terror camps, military installations across boundaries, missile sites and suchlike. It should also help keep track of ships at sea that could pose a threat. The RISAT will reduce India's dependence on foreign suppliers like Ikonos for satellite imagery.

March

Discovery Crew Returns Home From ISS

The Discovery space shuttle crew returned home to the Johnson Space Center in Houston on Sunday(29/3/09) after completing a 12-day mission.

Discovery landed at the Kennedy Space Center in Florida at 3:14 p.m. Saturday(28/3/09), after traveling more than 5.3 million miles. Its crew delivered solar arrays to help power the International Space Station and science experiments taking place there. The astronauts completed three space walks, lasting more than six hours each, to install, repair, and maintain equipment for the station.

The STS-119 flight marked the first trip to space and the first spacewalks for former science teachers Joseph Acaba and Richard Arnold. Both are now NASA astronauts. The flight was Discovery's 36th trip to space. It marked the 125th space shuttle mission and the 28th shuttle trip to the space station.

Internet Crime Up 33 Percent, FBI Reports

Internet-based crime increased by 33 percent last year, making 2008 the biggest year ever for reported cybercrime incidents, according to an Internet Crime Complaint Center annual report.

The ICCC, a nonprofit organization run by the FBI and the National White Collar Crime Center dedicated to monitoring online fraud, issued a report Monday showing that fraud losses incurred from cybercrime reached a total of $264.6 million in 2008, compared to $239.1 million the previous year, Reuters reports. Losses in recent years pose a sharp contrast to cybercrime losses of $18 million in 2001.

"2009 is shaping up to be a very busy year in terms of cybercrime," said John Kane, director of the National White Collar Crime Center based in Richmond, Va., and the report's author, to Reuters.

Adobe, Facebook partner to create Flash developer tools

Adobe has partnered with one of the most popular social networking Web sites, Facebook, to give developers a new set of tools to create applications.

The applications will use Adobe's Flash platform and the new ActionScript 3 Client Library for Facebook the two companies developed together. The client library is a free open source programming language that supports Facebook application programming interfaces (APIs) including Facebook Connect.

Microsoft to discontinue Encarta

Microsoft Corp. (MSFT.O) is to exit its Encarta encyclopedia business later this year after losing ground over the years to freely available reference material on the Internet on web sites like Wikipedia.

"People today seek and consume information in considerably different ways than in years past," the software maker said in a notice posted on its MSN website.

Microsoft, which axed 5,000 jobs earlier this year to cut costs and warned profit and revenue would fall over the next two quarters, said it would stop selling Encarta software products by June. Encarta websites worldwide, except Encarta Japan, would be discontinued on October 31 and Encarta Japan will cease after December 31, the company said.

Obama to restore stem cell research funding

US President Barack Obama on Monday signed an executive order reversing Bush administration restrictions on Federal funding for stem cell research. He said that he would ensure that all research on stem cells would be conducted ethically and with rigorous oversight.

This move would be in line with Mr Obama's campaign vow to restore funding to embryonic stem cell research.This development impressed scientists who have long campaigned for the Bush policy to be overturned, but will likely be condemned by conservative right-to-life groups.

Mr Bush barred Federal funding from supporting work on new lines of stem cells derived from human embryos in 2001, allowing research only on a small number of embryonic stem-cell lines which existed at that time.He argued that using human embryos for scientific research - which often involves their destruction - crossed a moral barrier and urged scientists to consider other alternatives. Embryonic stem cells are primitive cells from early-stage embryos capable of developing into almost every tissue of the body.

India To Send Sun Mission Aditya In 2012

After the successful launch of the moon mission, Chandrayaan-1, Indian Space Research Organisation (ISRO) is now gearing up for a mission to the sun. The proposed sun mission christened as "Mission Aditya", is aimed at unraveling the secrets of the sun. G Madhavan Nair, chairman of the Indian space agency ISRO, announced that, the agency is ready with its new space programme to explore the corona of the Sun in 2012.

"Mission Aditya" will find out answers for how and why solar flares and solar winds disturb the communication network and play havoc with electronics on the earth. It will also uncover the mysteries surrounding the sun's corona that create geomagnetic field disturbances on the earth and often damage man-made satellites and spacecraft moving in the sky under intense sunlight.

Though the sun mission of ISRO has been on the cards for quite some time now, it got a boost after the successful launch of Chandrayaan-1. The success of the Aditya Mission will provide vital clues to ISRO to protect its satellites and spaceware from being damaged by hot winds and flares ejected out of the sun's corona.

Indian-American Scientist Vivek Pai Creates Top Web Technology

The researchers' team led by Indian American scientist Vivek Pai has developed a revolutionary way to expand internet access around the world. The team of Princeton University computer science researchers created a new efficient data storage system called HashCache which got listed as one of the top emerging technologies of the year in scientific magazine, Technology Review. The scientific magazine is being published by Massachusetts Institute of Technology.

HashCache claims to store information more efficiently than current methods. The newly created data-caching system is expected to expand web use in developing regions around the world by making internet access more affordable. The new data storage system increases the possibilities of expanding internet facility across the poorer regions as it is very affordable. Compared to RAM, HashCache is capable of storing more information from frequently visited web sites on a local hard drive thereby enabling direct data access. Vivek Pai explained that by increasing the efficiency of internet data transfer, HashCache can reduce the cost of maintaining a hard drive.

February

Indian Scientists To Clone Pashmina Goat

A team of scientists from Jammu and Kashmir and Haryana is working on a project to clone the famous pashmina goat. A success in this direction is expected to give boost to the dwindling trade in pashmina wool. The project is under a World Bank aided project known as National Agriculture Innovation Project.

The project 'Value Chain on Zone Free Cloned Embryos Production and Development of Elite Germ Plasma Pashmina' hopes to change the pashmina production scenario in the state. A six-member team will use somatic cells of the goat to clone the cell to produce new pashmina goat. Scientists will use a hand-guided cloning technique and the four-phased project will run for next three years.

NASA's Kepler Mission To Begin Quest To Find Planets Hosting Life

NASA's Kepler spacecraft is all set to begin its maiden journey in search for worlds that could potentially host life. The spacecraft is scheduled to blast-off from Cape Canaveral Air Force Station, in Florida aboard a Delta II rocket on March 5, 2009. Kepler is the first mission with the ability to find planets like Earth. The mission will study rocky planets that orbit sun-like stars in a warm zone where liquid water could be maintained on the surface that is believed to be essential for the formation of life.

The mission will spend three-and-a-half years in the space. It will survey more than 100,000 sun-like stars in the Cygnus-Lyra region of our Milky Way galaxy. It is expected to find hundreds of planets of the size of earth and larger, at various distances from their stars.

ISRO To Use Home-Grown Cryogenic Engine For GSLV Launch

The India Space Research Organisation (ISRO) will use an indigenously developed cryogenic engine to launch the Geosynchronous Satellite Launch Vehicle (GSLV). Reports say that IRSO will undertake the launch operation in July this year. The use of home-grown cryogenic engine to put GSAT-4 into orbit will end India's dependency on Russia. India has been importing the cryogenic engines from Russia since 1991. So far, India has launched five GSLV rockets. But now ISRO has developed its own cryogenic engines and all the tests have been completed successfully, the source added.

The launch of GSAT-4 communication satellite using an indigenously developed cryogenic engine will provide internet connectivity in remote villages. The ISRO is also considering to use the GSLV for the Chandrayaan-II mission scheduled for 2012. Earlier, ISRO used PSLV to launch Chandrayaan-I.

January

1.World's First Internet Car Radio Unveiled

The Australian researchers have developed a new internet car radio for the first time which enables the users to access 30,000 stations including online broadcasts and AM and FM stations from all round the globe. The internet car radio developed by Melbourne-based online radio aggregator miRoamer was launched in prototype form at the 2009 Consumer Electronics Show in Las Vegas. miRoamer has signed a deal with German-based Blaupunkt which is one of the largest producers of car radios in the world.

Under the new deal, Blaupunkt will produce internet radios which will be fitted in latest models by car manufacturers such as Ford, Holden, Mercedes, BMW and Audi. The internet radio will also be sold separately for those who want to install it in their cars. It is very imperative that radio lovers will prefer internet car radio to traditional broadcasters as it offers a huge number of stations from all over the world. The new product is expected to be launched in the US and Europe in the second half of 2009. In more ways than one, the internet car radio is going to revolutionise the way people listen to radio.

2.Motorola Unveils Cellphone Made From Recycled Water Bottles

Motorola has unveiled a new kind of mobile phone called MOTO W233 Renew which is made from recycled plastic water bottles. According to the handset manufacturing company, MOTO W233 Renew is also a carbon neutral phone. The company is said to have collaborated with Carbonfund.org to manufacture the new mobile phone. Interestingly the container that holds the phone is also made from recycled material.

In order to uplift its recycling program for mobile phones and accessories, Motorola has also entrusted another postage-paid box with the MOTO W233 Renew which can be used by customers to mail their old phones back to the company for recycling. The postage-paid box is also made from recycled paper, claimed Motorola.

The new MOTO W233 Renew offers nine hours of talk time with ChrystalTalk technology and has messaging capabilities. The new mobile handset from Motorola is expected to be launched at the 2009 International CES in Las Vegas. The phone will be available in the market by the first quarter of 2009.

MOTO W233 Renew has been designed for eco-conscious consumers as well as for those who loves to make phone calls. The recycling program of Motorola is ready to accept any mobile phone or accessory for recycling which it feels will help to recover valuable materials for reuse that will reduce environmental impact.

3.UK Doctors Deliver Cancer-Proof Baby

The first British baby genetically selected to be free of a breast cancer gene has been born. She grew from an embryo screened to ensure it did not contain the faulty BRCA1 gene, which passes the risk of breast cancer down generations.

According to the sources of University College Hospital in London the mother, a 27-year-old Londoner, and her little girl were in very good condition. Women in three generations of the father's family have been diagnosed with the disease in their 20s, including his mother, grandmother, sister and cousin.

A girl born with the altered BRCA1 gene have a 50-80% chance of developing breast cancer - but screening can prevent this. The technique used is known as Pre-implantation genetic diagnosis (PGD), which involves taking a cell from an embryo at the eight-cell stage of development, when it is around three-days old, and testing it.

The treatment follows the green-signal given by Britain's Human Fertilization and Embryology Authority in 2006, which said doctors could test for 'susceptibility genes' such as BRCA1. A properly functioning BRCA1 protein helps stop cancer before it starts but faulty genes greatly increase the risk of cancer.

BRCA1 and a related version of another gene, BRCA2, account for around 5% of breast cancer.

Sony To Launch World's Lightest 8-Inch Notebook PC

In a bid to capture the rapidly growing market for ultra-portable personal computers, Sony Corp of Japan decided to launch 8-inch notebook PC which is considered to be one of the lightest laptops in the world. The new Sony Vaio PC will have Microsoft Corp's Windows Vista operating system. Windows Vista operating system incorporated in Sony laptops will support all the software programs found in full-sized notebooks.

While revealing the plan, Sony said that the new notebook weighs only 1.4 pounds and it is as thin as a mobile phone. The notebooks will available for pre-orders and were released in the market in the first week of February 2009. the Sony notebook is priced at about $900, setting itself apart from Netbooks.

The Red Planet Of Mars May Have Life On It

NASA, the space agency of USA, may be ready to announce alien microbes living below the Martian soil are the cause of a methane haze surrounding the Red Planet of Mars.

Researchers from around the world have shown a greater interest in the Red Planet, as possible traces of water and ice dust have raised hopes of discovering signs of life on or underneath the planet's surface. Even though methane is created on Earth by volcanoes, scientists haven't found any active volcanoes on the Red Planet.

In addition, it seems NASA researchers found high levels of methane in the same regions as water vapor clouds, which are absolutely necessary for life. The study was conducted during a seven year examination of the planet.

Indian Scientists Conduct Anti-Warming Experiment In Antarctic Ocean

A group of scientists from India and Germany jointly conducted an anti-warming experiment in Antarctic Ocean. It is believed that the experiment may find out a possible solution to on-going global warming crisis. The scientists began their experiment by scattering iron powder on hundreds of square kilometres of the Antarctic Ocean. The iron powder will fertilize the growth of phytoplankton which will eventually remove carbon dioxide from the atmosphere and take it deep under the ocean surface.

The technology of iron fertilization is likely to stop global warming at a very little cost. About six tonnes of iron are to be scattered on 300 sq km of sea. The group of scientists which left Cape Town on board the Polarstern on January 7 includes thirty Indian and 18 from other nations. The tiny organism called phytoplankton can eliminate carbon dioxide which is the main greenhouse gas contributing to global warming. The technology used by the Indian and German scientists can be path-breaking one in curbing global warming which stands out to be a major threat to mankind.

2009 Current Affairs

Businessman buys Gandhi's home, plans for museum (30th July 2009)

Mahatma Gandhi's Johannesburg house, has been bought by a Bandra businessman, Pradeep Bhavnani for about Rs 2.25 crore on July 30. Mahatma Gandhi lived in this house from 1908 for three years while he fought against the racial discrimination in South Africa as a lawyer. The house that was designed by artist Hermann Kallenbach is called 'The Kraal'. Pradeep Bhavnani, who is senior BJP leader L K Advani’s nephew and a self-professed Gandhian is planning to turn it into a museum. After buying the house, he intends to buy 34 souvenirs and photographs from the Aditya Birla Group to install them in the museum. After inaugurating the museum on Oct 2, Gandhi’s birth anniversary, it will be handed over to Government of India on the same day.

Rajmata Gayatri Devi laid to rest (28th July 2009)

Rajmata Gayatri Devi passed away after a prolonged illness at the age of 90. The people of the city gave their daily routines a miss to catch a glimpse of the Queen's last journey. They grieved the fact that the only person who really cared about their grievances had passed away. The Queen was cremated with State Honours and the event was graced by the presence of the Rajasthan Governor Shailendra Kumar Singh and Chief Minister Ashok Gehlot, along with several members of the State Cabinet.

Class X girl selected for NASA training (26th July 2009)

Palak Agarwal, is one of the two school girls selected from India for NASA training in space shuttle designing. She is a student of 10th class in a school in remote Karnal dist. She was selected under a student programme under which a few students across the globe get an opportunity to get training in NASA.

PM launches India's first nuclear submarine (26th July 2009)

Prime Minister Manmohan Singh's wife Gursharan Kaur launched the country's first nuclear powered attack submarine, INS Arihant in Vishakhapatnam. The INS Arihant will be commissioned in the Indian Navy after extensive outfitting and sea trials. It is the first of three such vessels to be built in the country. Its length is 112-metre-long. India has achieved a 'historic milestone in the country's defence preparedness' with the launch of the submarine.

Bill Gates to receive Indira Gandhi Peace Prize (23th July 2009)

Bill Gates has received the Indira Gandhi Prize for Peace, Disarmament and Development on behalf of the Bill and Melinda Gates Foundation. In 2003, the foundation launched Avahan, a 10-year initiative to support India's efforts to reduce the spread of HIV.

India's first sea bridge (30th June 2009)

The Congress president Sonia Gandhi inaugurated the Bandra Worli sea link in Mumbai. The 5.6 kilometers long cable-stayed bridge has been designed to allow for speedy road travel between Bandra and Worli. It costs Rs. 50 to take a trip on the link, and will cost Rs. 75 for a round trip. It would be nothing compared to the Rs 100 crore per year that the link will save in the vehicle operating cost alone. The link is equipped for traffic monitoring, emergency support and an automated toll system. The construction of the sea link would save people's time.

Union minister threatens HC judge to grant bail (30th June 2009)

R Regupathi, a Madras High Court judge has threatened to write to the central government and the prime minister about a Union Minister seeking to influence him to release a medical student petitioner and his father, a doctor on anticipatory bail. The Central Bureau of Investigation (CBI) has booked both of them in connection with a forged mark sheet case.

Government to make class X examination optional (25th June 2009)

Kapil Sibal, Union Minister for Human Resource Development (HRD) has suggested that the government may make class X examination optional for students. He said that the examination system would be reformed in accordance with the National Curriculum framework-2005. This will permit students to continue in the same school. Schools may take an internal assessment test instead. This he says, will be done in 100 days.

Air Force AN-32 aircraft Crash (10th June 2009)

Indian Air Force, Army and paramilitary forces made a search for missing Air Force AN-32 aircraft which crashed over Arunachal Pradesh. The IAF began aerial reconnaissance to trace the transport aircraft while Army and paramilitary forces too have been pressed into the search operation. There were 13 people on board including six IAF officers and seven Army personnel and all of them are feared dead. The aircraft had taken off from Machuka in Arunachal Pradesh on a supply sortie and was on its way to Mohanbari in Assam when it went off radar due to bad weather and crashed. The last radio contact with the missing aircraft was 35 miles from Machuka. Top-level sources in IAF say that the flying crew of the AN-32 was highly experienced and bad weather is suspected to be the reason for the crash.

Family donates their dead son's organs to 7 people (9th June 2009)

A family in Andhra Pradesh mourning the loss of their 19-year-old member Ganpati in a road accident has ensured his legacy by donating his organs and transforming the lives of seven people. Johnson, a six-year-old boy, was suffering from the dangerous blue baby syndrome but now a critical heart surgery has ensured he would live healthily. It's not just Johnson but six other people, too, who have received vital organs including the kidneys and liver donated from Ganapati’s body. Ganapati had met with an accident and was brought to hospital brain dead. Doctors counselled with the family. Though it wasn't an easy decision for Ganapati's family to donate his organs, Ganapati's elder brother Pradeep went ahead, believing that his brother will live on by this deed. Ganapati's family is unaware of the identities of any of the seven people who have benefited from his organs. But they do find solace in the thought that Ganapati continues to live on.

Dream Houses / Mumbai Flats on rent for Rs. 800/- (3rd June 2009)

The common people of Mumbai may now dream of affordable homes. An ambitious low-cost housing programme promises to provide flats on rent for as less as Rs 800. The Mumbai Metropolitan Region Development Authority (MMRDA) announced that they are going to construct 133,000 flats near the city. The MMRDA, in collaboration with real estate giant HDIL, will construct the flats on 525 acres in Virar suburb in Thane district north of Mumbai. The project aims to house around 2 lakh people in the flats. The rent for the flats will range from Rs 800 to Rs 1,500 per month. Each flat measures 160 sq ft and will be given on lease for a period of five years. The Metropolitan Commissioner told that 90,000 (flats) are made for free-sale components and 43,000 are purely rental housing tenements of 160 sq feet each. Only people with a minimum monthly income of Rs 5,000 will be eligible to apply for houses. Applicants should preferably be residing in Maharashtra but it isn't a compulsory requirement. The MMRDA also announced eight other low-cost housing projects in the city to house 5 lakh families in the next few years. The authority will earn Rs 5,000 crore in rent and builders will benefit as they would be allowed to construct taller buildings with more flats.

Oz Racial attack: AP student battling for life ( 28th May 2009)

Shravan Kumar, a 25-year-old student was attacked by teenagers in Australia is battling for life after he and three of his friends from Andhra Pradesh were attacked on May 26. Doctors are not 'very optimistic' about chances of his recovery. Shravan was critically injured after one of the boys attacked him with a screwdriver. The other three identified as A Krian, Subhash and Sandip escaped with minor injuries. The attackers abused the Indian students and asked them to leave Australia. While Shravan is still in hospital, the other three moved out of the house. This is the second attack on Indian students in a week. Meanwhile there are reports that the house where Shravan and his friends were staying is apparently robbed by some miscreants.

Congress' victory, credit to Sonia's inner voice ( 18th May 2009)

The amazing victory of the Congress Party and the pathetic defeat of the BJP in the Lok Sabha polls 2009 has come as a surprise. Nobody expected that the Congress will bag over 200 seats on its own and cross 260 with its allies. All political Pundits and Sephologists were predicting highly fractured result on 16 May 2009, the day of counting. But May 16 became a 'black Saturday' for the Bharatiya Janata Party with an astonishing victory for the Congress. UPA chairperson Sonia Gandhi once again made it clear that she is not in race for the PM post of India. Ms Gandhi had made her point clear that Manmohan Singh is the Prime Ministerial candidate of Congress. This cleared a long standing doubt in the minds of many Indians who are not happy to see a foreigner as India's Prime Minister. This worked and converted into votes.

UPSC results: Women on top, 791 succeeded (5th May 2009)

The Union Public Service Commission (UPSC) exam results for the year 2008 were announced. A higher number of women have topped these numbers. The top three ranks have been grabbed by women for the first time. The Rank 1 holder, 30-year-old Shubhra Saxena from Ghaziabad has become the talk of the country. She told the media that the risk of quitting her job to serve the rural masses was worth it.

River Ganga still reels under Pollution (4th May 2009)

The river Ganga remains highly polluted even after being declared the 'National River' by the Central Government. Filled with chemical wastes, sewage and even the remains of human and animal corpses, it poses major health risks to around 400 million people living by its side and all others who benefit from it. The Ganga also suffers from another major problem called silting which results into chocking of its flow.

People believe that constructing dams on the Ganga could be the cause of low water level in the river. The residents say no steps have been taken to improve the condition of the Ganga. The condition of the Ganga is deteriorating by the day. There is more sand in it. Though it is declared a 'National River', no efforts are being made to clean it. If water is released from the dam, then only the water level will increase in the river. Efforts have always made to clean up the Ganga since a long time but none have been proved successful.

Satyam bidding Completed: Tech Mahindra wins bidding (13th April 2009)

In the Satyam Computers bidding process, three huge companies namely Tech Mahindra, Engineering L&T, and Wilbur Ross had participated. Tech Mahindra has won in the Satyam bid by paying Rs. 1757 crore and now has 31% stake in Satyam. Tech Mahindra will pay Rs 58 per share; L&T had offered to pay of 49 Rs per share and so lost out.

Girl dies due to asthma in Delhi School (22nd April 2009)

Aakriti Bhatia of class 12 student of the Modern School in Vasant Vihar of Delhi died due to an asthma attack. Her parent’s alleged negligence by the school resulting in her death. It seems while taking Aakriti to hospital the school authorities removed the oxygen provided to her, also instead of calling an ambulance they waited for Akriti's father's car to take her to hospital, which could have lead to the death. However the school claims that they did everything possible to save her. Other parents and people are demonstrating against the school.

Parents protest fee hike in schools (April 2009)

Hundreds of parents opposing the fee hike in schools protested at various places in Delhi and demanded its immediate rollback. The parents association of Guru Nanak Public School staged a demonstration and criticized the school authorities over the fee hike. All India Parents Association (AIPA) also extended its support to the demonstration. The children also shouted slogans from the classrooms. The matter of fee hike has been challenged in the Delhi High Court. The court would hear the case on April 29.

Tata Nano The People's Car Launched (23rd March 2009)

People's car 'Nano' launched amidst much waiting and expectation.

Tata Motor's 'Nano' was commercially launched in Mumbai on 23/3/09 promising to meet the expectations of people under some circumstances which is likely to bring about a change in the auto market in the nation

Modi minister held in post-Godhra riot case (March 2009)

As prime ministerial candidate L K Advani and chief minister Narendra Modi on 27/3/09 launched the BJP’s campaign at the Kankaria lakefront, a few kilometres away, in Gandhinagar, Maya Kodnani, a minister in Modi’s cabinet, was arrested in one of the post-Godhra riot cases of 2002.

Minister of state for women and child welfare and higher education, Kodnani was arrested after the Gujarat high court cancelled her anticipatory bail on Friday in the Naroda Patia and Naroda Gam riots case. A trained gynaecologist, she resigned from the ministry and surrendered before the SC-appointed Special Investigation Team in Gandhinagar with VHP leader Jaideep Patel.

Varun guilty; EC asks BJP not to field Varun (March 2009)

The Election Commission has found the Bharatiya Janata Party (BJP) leader, Varun Gandhi guilty of making remarks against Muslims in an election rally in Pilibit and in the wake, violating polls laws. The EC has also declared that the CD was not doctored and said that it will initiate criminal proceedings against him.

The EC has also asked BJP not to give a ticket to contest polls in Pilibhit in Uttar Pradesh.

"The commission considered the speeches as a grave violation of the model code of conduct, apart from amounting to promoting feelings of enmity and hatred between different classes on the ground of religion, outraging the religious feeling of a particular community, and promoting hatred and ill-will between two classes of citizens and provoking a section of the citizens to indulge in violence."

"Any sponsorship of his candidature by the BJP, or any other political party at this election, would be perceived as endorsing his unpardonable acts of inciting violence and creating feelings of enmity and hatred between different classes of citizens of India, destroying the social, democratic and plural fabric of the country," it said.

SATYAM FRAUD

The fraud at Satyam may well turn out to be the biggest of all scams unearthed from corporate India. Through multiple routes involving a large number of related companies and myriad transactions, the promoters of Satyam Computer Services, led by the company's Chairman Ramalinga Raju, are alleged to have siphoned out a huge quantity of money from the firm. To cover that up, the accounts were manipulated and documents were forged to declare nonexistent cash reserves and understate liabilities.

The money that was taken out may have been used, among other things, to acquire large quantities of land in what seems to be a set of speculative real estate ventures that could enrich the family. The Maytas companies that had titles that spelt Satyam in reverse were important conduits in this process, but there were clearly many more. According to reports, the Registrar of Companies has found that ''Satyam's annual report reveals several transactions with subsidiaries and other group companies by way of investments, purchase of assets and other receivables'' that point to the concealed transfer of funds out of the company.

Shockingly, one of the allegations made by the Crime Investigation Department (CID) of Andhra Pradesh is that the company had only 40,000 employees on its rolls as compared with the 53,000 claimed by it and the remaining 13,000 were mere fake salary accounts through which as much as Rs. 20 crore a month were taken out of the company over a period of five years. If true, this involves descent to a level of manipulation and fraud that could spell the end for Satyam.

MANGALORE PUB ATTACK

Activists of a self-styled pro-Hindu moral brigade called Sri Rama Sene barged into a pub in the coastal city of Mangalore in january and bashed up a few young girls for 'violating traditional Indian norms'.

At least two girls were punched and their hair pulled by the activists 4 p.m. Saturday at the pub Amnesia - The Lounge in Mangalore, about 350 km from Bangalore. The young men accompanying the girls to the pub on the busy Balmatta Road were also assaulted when they tried to protect their friends.

Following this shocking incident, at least 10 of the activists have been arrested by Mangalore police. From the accounts given by the eyewitnesses, who did not want to be identified, the girls were the target of attack. About 40 men forcibly entered the pub claiming unethical activities were on inside and pushed their way inside. They began assaulting the young men and women who ran for safety. At least two of the girls started screaming for help and managed to flee from the attackers.

The ugly incident has a murky dimension also with leaders of Sri Rama Sene and Bajrang Dal, another pro-Hindu organisation fighting to take credit for the attack in the name of punishing those going against 'traditional Indian norms'.

RAILWAY BUDGET 2009

Railway Minister Lalu Prasad Yadav Friday presented his sixth rail budget in February.He is the first Railway Minister to introduce the low fare air-conditioned trains known as "Garib Rath". Fifteen such trains are already running and five more are expected to start in the near future.

The Railways minister cut rail fares across ticket categories by 2% and announced plans for 43 new trains on Friday.

The fare cut will bring down rail fares on air-conditioned travel the most, mounting further pressure on low-cost airlines, while fares for second-class, second-class sleeper, and general compartments will also go down for tickets worth more than Rs 50 per passenger. Suburban commuters who use express or mail trains will also see their ticket costs get Rs 1 cheaper.

The fare cuts, announced in the government’s interim railway budget for 2009-10, are expected to set the Indian Railways back by only around Rs 700 crore but will make little difference to its cash pile of Rs 90,000 crore. In any case, Mr Prasad said a cut in fares would not necessarily lead to a loss of revenues. The Railways has cut fares four times in as many years, lowering AC first class and AC two-tier rates by 28% and 20%, respectively and taking the competition straight to the doors of the low-cost airline sector.

The Minister also proposed starting 43 new trains during 2009-10, and said the Railways would extend services of 14 existing trains. The frequency of various Rajdhani and other express trains will also be increased taking into account the rise in the number of passengers.

DEMONSTRATIONS AGAINST VALENTINE'S DAY

Activists of the Hindu fundamentalist political party Shiv Sena on Wednesday staged a token protest at Central Delhis Jantar Mantar against St.Valentines Day celebrations in the capital. The activists said that they viewed celebrations of St.Valentines Day contrary to Indian ethos and a proof of the growing influence of western culture on rest of the world. Besides, the protestors said that the St.Valentines Day was corrupting the Indian youth, as most of the youth on this day take advantage of the occasion and indulge in immoral behaviour at public places.

Such protest were undertaken at quite a few places in India like Bhopal, Bangalore etc. In Uttar Pradesh, Right-wing Hindu activists beat up young couples during Valentine's Day protests across the country. Shiv Sena said it was holding protests across the country against Valentine's Day celebrations which were against Indian culture and had a "corrupting influence" on Indian youth.

Protests by Hindu and Muslim groups were reported from the national capital Delhi, central Bhopal and southern Hyderabad cities.Fifty activists of the Hindu nationalist Bharatiya Janata Party's student wing attacked a shop selling Valentine's Day gifts in Hyderabad and set fire to the greeting cards. They carried saffron flags and chanted slogans such as "Save Culture" and "Death to Valentine's Day." Muslim groups also campaigned against Valentine's Day and displayed posters at public places asking youth to refrain from celebrating the day.

In central Bhopal city, another Hindu right-wing group the Bajrang Dal held protests threatening to marry off lovers found "misbehaving" in public places. Other Hindu religious organizations held protests in the western Gujarat state distributing handbills to college students asking them to shun western culture.

Valentine's Day has become popular in India over the past decade with shops selling romantic cards, heart-shaped balloons, cuddly toys and other gifts. But the day has also seen regular protests by Hindu and Muslim hardliners who claim the celebrations threaten Indian culture and social norms.

GIFT and GIP- Mission 2020

The Indian national steering group on hydrogen energy, headed by industrialist Ratan Tata, has developed a roadmap to have 1 million hydrogen-fueled vehicles—combustion-engine as well as fuel-cell vehicles—on Indian roads by 2020 and to generate 1,000 MW of power through hydrogen-fueled plants.

Tata presented the National Hydrogen Energy Roadmap, which entails an investment of Rs 25,000 crore (US$5.5 billion) to the Minister for Non-Conventional Energy Sources, Vilas Muttemwar.

The whole world, and certainly India, will face increasing shortage of hydrocarbons and so we have to look at alternative forms of energy. The document reflects the problems and attempts to define a roadmap.

—Ratan Tata

The Road Map examines different aspects of the problem including production, storage, transport, delivery, applications, safety, standards and codes, capacity building and awareness.

The Road Map has proposed two major initiatives: the Green Initiative for Future Transport (GIFT) and the Green Initiative for Power Generation (GIP).

The Green Initiative for Future Transport aims to develop and to demonstrate hydrogen-fueled internal combustion engine and fuel-cell vehicles ranging from small two/three wheelers, cars and taxis, to buses and vans.

The Green Initiative for Power Generation envisages developing and demonstrating hydrogen-powered internal combustion engine/turbine and fuel-cell based decentralized power generating systems.

The roadmap highlights hydrogen production as a key area of focus, noting the need for urgent development of hydrogen production from coal gasification, nuclear energy, biomass, biological and renewable energy methods in addition to existing methods of steam methane reformation.

Of the projected cost, the majority (about 96%) would be allocated for creating infrastructure for hydrogen production, storage, transportation and distribution for meeting requirements of hydrogen under GIFT and GIP initiatives. The Road Map has recommended strong public private partnership covering the total hydrogen energy system for the implementation of its proposals.

The Steering Group under the Chairmanship of Shri Ratan Tata was constituted on 23rd February, 2004 during the first meeting of the National Hydrogen Energy Board.

India ranks fifth in the world in terms of energy consumption, and experienced an average annual growth rate in energy consumption of about 6% during 1981–2002. India is also one of the sixteen founding members of the International Partnership on Hydrogen Economy, established in November, 2003.

Hayabusa Space Mission

Hayabusa (はやぶさ^?, literally peregrine falcon) is an unmanned space mission led by the Japan Aerospace Exploration Agency to return a sample of material from a small near-Earth asteroid named 25143 Itokawa (dimensions 540 meters by 270 meters by 210 meters) to Earth for further analysis.

The Hayabusa spacecraft, formerly known as MUSES-C for Mu Space Engineering Spacecraft C, was launched on 9 May 2003 and rendezvoused with Itokawa in mid-September 2005. After arriving at Itokawa, Hayabusa studied the asteroid's shape, spin, topography, colour, composition, density, and history. In November 2005, it attempted to land on the asteroid to collect samples but failed to do so. Nevertheless, there is a high probability that some dust swirled into the sampling chamber, so it was sealed, and the spacecraft is slated to return to Earth by June 2010.

Aryabhatta Award is Bagged By Shri Promod Kale

Shri Promod Kale was today awarded the Aryabhatta award 2006 for his outstanding life-time contribution to the promotion of astronomy in India. The award was given to him by Minister for Science and Technology and Earth Sciences, Shri Prithviraj Chavan at a function in New Delhi. Shri Kale was responsible for the development, technology transfer, deployment, operation and maintenance of the village community Direct Reception Sets for the SITE, the largest technological and social experiment that ushered in the era of Satellite TV broadcasting in India.
He was the first Project Director, INSAT Space Segment Project from 1977 to 1987. The operationalization of the INSAT satellite system in 1983 was the highlight his work. He was responsible for developing the INSAT Master Control Facility at Hassan which has now become a world class facility. He was Mission Director, ISRO Payload Scientist Mission.
Shri Kale was the Director of the Space Applications Center, Ahmedabad and during his work there was responsible for developing many new projects for Communications and Remote Sensing. He was also Director, Vikram Sarabhai Space Center for short period of time. The first successful flight of the PSLV and definition of the GSLV took place when he was the director in 1994.
At the Global wireless Technology Limited he was responsible for establishing the Satellite Communication System for the Maharashtra Government.
He is currently Chairman, Ad-Hoc Board of studies for Space and Atmospheric Science, Pune University and is a Member of the Academic Council, Pune University

Indian-ASEAN bilateral trade target set

Shri Anand Sharma, Union Minister of Commerce & Industry, today signed the ASEAN-India Free Trade Agreement in Goods following the meeting of the ASEAN-India Economic Ministers, held in Bangkok. The meeting was hosted by Thailand, the current Chair of the 10-member Association of Southeast Asian Nations (ASEAN) grouping that completed four decades of its existence in 2007. As part of the Comprehensive Economic Cooperation Agreement, the Trade in Goods Agreement will integrate the two globally important economic blocks for mutually beneficial economic gains. ASEAN is a major trading partner for India and accounts for about 10% of its global trade. In the last financial year, bilateral trade between India and ASEAN was more than US $ 40 billion. India and ASEAN have set an ambitious target of achieving bilateral trade of US $ 50 billion by 2010. The current Agreement which comes into force from 1st January 2010 would help achieve this target.
The Trade in Goods agreement focuses on tariff liberalization on mutually agreed tariff lines from both the sides and is targeted to eliminate tariffs on 80% of the tariff lines accounting for 75% of the trade in a gradual manner starting from 1st January, 2010. The Agreement has provided flexibilities to India and ASEAN countries to exclude some of the products from the tariff concessions or eliminations to address their respective domestic sensitivity. India on its part has excluded 489 items from the list of tariff concessions and 590 items from the list of tariff elimination to address sensitivities in agriculture, textiles, auto, chemicals, crude and refined palm oil, coffee, tea, pepper etc. ASEAN countries have also maintained similar exclusion list from the proposed tariff concessions or eliminations.
The exchange of tariff concessions between India and the ASEAN Member Countries would lead to growth in bilateral trade and investment resulting in economic benefits to India and the ASEAN Member Countries. Indian exporters of Machinery and machine parts, Steel and steel products, agriculture products such as Oilcake, Wheat and Buffalo Meat, Auto Components, Chemicals and Synthetic Textiles would gain additional market access as a result of tariff liberalisation by ASEAN. Indian manufacturers would also be able to source products at competitive prices from the ASEAN countries.
The Agreement also provides for bilateral safeguard mechanisms to address sudden surge in imports after the Agreement comes into force. In such an eventuality if it hurts a domestic industry, safeguard measures including imposition of safeguard duties may be put in place for a period up to 4 years. The flexibility to invoke the safeguard measures will remain available for both the sides for a period of 7 years to 15 years from the date, the Agreement comes into force. The signing of the Agreement signals India’s firm commitment to its ‘Look East’ policy of building upon its historical links with the countries of the Southeast Asian region and further deepening and widening this partnership.
Earlier, during the day, Mr. Anand Sharma called on the Prime Minister of Thailand Mr. Abhisit Vejjajiva. He also held discussions with the Minister of Commerce, Ms. Porntiva Nakasai and the Minister of Industry, Mr. Charnchai Chairungrueng in separate meetings. The meetings focused on ways to further strengthen bilateral trade and investment linkages. He invited Ms. Porntiva Nakasai to attend the Informal Ministerial Meeting on the Doha Round of WTO to be held in New Delhi on September 3-4, 2009.
Shri Anand Sharma also held substantive bilateral discussions with his counterpart Indonesian trade minister Mari Pangetsu. He invited her to attend the forthcoming WTO ministerial meeting to be held in New Delhi on 3-4 September. He also met the Singapore Trade Minister Lim Hng Kiang and the two ministers discussed a range of bilateral economic relations.
India-ASEAN trade was around US$ 40 billion during 2007-08 making ASEAN the 4th largest trading partner of India (after EU, US and China). The India-ASEAN trade has grown rapidly in recent years (27% CAGR since 2000). The signing of the India-ASEAN Free Trade Agreement will give a further impetus to the trade and investment linkages between India and ASEAN. India and ASEAN are currently negotiating Agreements on Trade in Services and Investment, which are to be concluded by December 2009. India looks forward to access the vast services market of ASEAN. India’s total trade in services was US $ 137.50 billion in 2006. The corresponding figure for ASEAN is US$ 280.90 billion. Similarly, Foreign Direct Investment (FDI) attracted by India in 2007-08 was US $ 24.60 billion whereas ASEAN member countries attracted FDI totaling US $ 60.50 billion in the year 2007.

Pre-Independence-Indian Air Force

On 1 February, No.1 Squadron arrived in Burma with its Lysanders, flying tactical recce missions from Toungoo before transferring to Mingaladon with a flight deployed at Lashio. I A F personnel were soon hanging pairs of 250-lb. bombs on each of their Lysanders and with these, flew low-level unescorted missions against the principal Japanese air bases at Mae-Haungsaun, Cheingmai and Chiangrai in Thailand. However, the Japanese advance was relentless and with the final evacuation of Burma, No.1 Squadron personnel were flown to India, where at Risalpur in June 1942, the unit began conversion to the Hurricane IIB fighter. No.2 Squadron had also equipped with Lysanders by the end of 1941, being confined to anti-invasion exercises until, in September 1942, it emulated the IAF's premier unit by converting to Hurricanes. The third IAF unit to operate the Lysander was No.4 Squadron, formed with four aircraft on16 February 1942. This squadron was to continue to operate theWestlandaircraft until it, too was re-equipped with the Hurricane in June 1943. Six months earlier, No.6 Squadron was raised with personnel from Nos 1 and 2 flights, being Hurricane-equipped from the outset. Between March and December 1942, 10 aircrew schools were opened in India, and the first Harvard Is and IIs were delivered to No. 1 Flying Training School at Ambala, this school having been established to provide basic and advanced training for IAF pilots over a four-and-half month course. By the end of that year, however,or a decade after the IAF's creation and three years into World War II, the Service could muster just five squadrons. The coastal defence flights had now been disbanded and most personnel of Nos.3 and 6 Flights were combined with regular IAF personnel to form No. 7 Squadron which was equipped with the U:S. - built Vengeance 1 dive bomber in mid-February 1943. No. 8 Squadron was raised meanwhile, on 1 December 1942, absorbing the remaining coastal defence flight personnel, and also issued with the Vengeance, to achieve operational status on 25June 1943.

The Vengeance suffered numerous defects and teething troubles, necessitating temporary withdrawal from the two IAF squadrons, but the problems were eventually mitigated if not eradicated, and No. 8 Sqn flew its first operational Vengeance sorties against Japanese targets from Double Moorings, Chittagong, on 15 December 1943, No. 7 Squadron, which had flown its Vengeances on some missions against dissident tribesmen in North Waziristan, started operations in the Arakan from an airstrip at Uderbund, near Kumbigram, where it arrived on 12 March 1944, the two squadrons converting to Vengeance IIIs during the course of operations and both flying with considerable distinction.No. 7 Squadron discarded its dive bombers in favour of Hurricane IIs for the tactical-reconnaissance role in November 1944, No. 8 Squadron becoming the first to convert onto the Spitfire VIII during the previous month and commencing operations on3 January 1945 in the Kangaw area.

Both Nos 9 and 10 Squadrons were raised on Hurricanes in the early months of 1944, and thus, by the end of the year, the operational element of the IAF had risen to nine squadrons, with Nos. 1,2,3,4,6,7,9 and 10 on Hurricanes and No.8 on Spitfires. Five of the

Hurricane-equipped squadrons played a major role in the Arakan offensive which began in December 1944, disrupting the enemy's lines of communication and constantly harrying the Japanese forces until victory was achieved with the re-occupation ofRangoon on 3 May 1945. In that month, No. 4 Squadron became the second IAF Spitfire unit when it re-equipped with the Mk VIII version of this fighter, and No. 9 followed suit to complete conversion byJuly, by which time No. 10 had begun conversion, and the Hurricane, backbone of the IAF combat element for much of the war, was rapidly phased out.

During the war years, the steady expansion of the IAF had placed all emphasis on army co-operation and tactical reconnaissance; it had continued to fly ageing equipment such as the Hurricane when such aircraft as the Thunderbolt and Mosquito were being inducted in large numbers by other Allied forces in the theatre and it had, in consequence, suffered a sense of equipment inferiority. Nevertheless, assigned the least glamorous of tasks and flying obsolescent equipment, the Service established traditions of courage and efficiency second to none; its personnel had been awarded 22 Distinguished Flying Crosses and a host of other decorations, and in recognition of its achievements, the Service had been honoured by bestowal of the prefix "Royal" on its title in March 1945.

INDEPENDENCE AND PARTITION

The stimulus provided by the Second World War had raised RIAF personnel strength to 28,500 including some 1,600 officers, by the time hostilities terminated. In August 1945, No. 4 Squadron was designated a component unit of the British

Commonwealth Occupation Forces in Japan, exchanging its Spitfire Vllls for Mk XlVs in October and arriving in Japan aboard HMS vengence on 23 April 1946. Meanwhile, from late 1945, the remaining Hurricane-equipped RIAF fighter squadrons converted to the Spitfire at Kohat, Samungli and Risalpur and by mid-1946 the entire RIAF fighter force was Spitfire-equipped. The year 1946 also saw the establishment of the first RIAF transport unit, No.12 Squadron which had first been raised on Spitfires at Kohat in December 1945 and received C-47 Dakotas in Panagarh in late 1946. A decision had also been taken to re-equip the fighter squadrons with the Tempest II, and implementation of this decision began during the autumn of 1946, No. 3 Squadron at Kolar becoming the first to re-equip, followed by No.10 Squadron later in 1946.

Personnel strength had meanwhile been virtually halved to some 14,000 officers and men in the post-war rundown, but the British authorities had made their own assessment of India's post-war defence needs. As of October 1946, they envisaged expansion of the existing ten RIAF squadrons into a balanced force of twenty fighter, bomber and transport squadrons. Owing to the rapidly changing political situation, however, definitive decisions concerning Indian defence were, in the event, to be left to the emerging Government of Independent India. No. 4 Squadron converted to the Tempest 11 upon its return to India from Japan and Nos.7 and 8 Squadrons also relinquished their Spitfires for the more efficacious Tempest fighter during the summer of 1947. Nos. 1 and 9 Squadrons, too, received Tempest lls at this time, but on 15 August 1947, and with the division of both India and its armed forces, these units stood down and their equipment was transferred to the newly created Royal Pakistan Air Force. Thus, the principal components of the RIAF at partition were Nos. 3,4,7,8 and 10 Squadrons with Tempest us, No. 2 Squadron with Spitfires and No. 12 Squadron with C-47s, plus No. 1 Air Observation Flight, the establishment of which with AOP Auster 4s, 5s, and 6s, coincided with independence. No. 6 Squadron, which had been in process of converting from Spitfires to C-47s at Drigh Road, had been stood down and its transports transferred to Pakistan.

The RIAF had lost many permanent bases and other establishments as a result of the division of the country, but was to have virtually no breathing space in which to recover from the surgery that had accompanied partition before the Service was to find itself once more firing its guns in earnest. On 27 October 1947, No.12 Sqn was to initiate the remarkable feat of air-lifting the Ist Sikhs from Palam onto the rough and dustySrinagar airstrip without planning or reconnaissance as the initial Indian response to the sizeable insurgent forces that were pouring across the border into Jammu and Kashmir. On 30 October, the first Spitfires from the Advanced Flying School at Ambala reachedSrinagar and were soon engaged in strafing the raiders beyond Pattan. Within a week, the Tempests of No. 7 Squadron were playing a decisive role in the battle of Shelatang which halted the forward momentum of the insurgents.

The fighting was to continue for 15 months, with heavy RIAF involvement throughout, a ceasefire eventually coming into force on 1 January 1949, but despite being continuously on an operational footing throughout this period, the reorganisation and modernisation of the Service continued unabated. The Combined Services Headquarters had meanwhile been separated for command purposes and Air Headquarters established inNew Delhi This included the Operational and Training Commands, No. 1 Operational Group having been formed to supervise all RIAF units and their support elements engaged in the campaign in Jammu and Kashmir.

Record in Air Force

Air Marshal VK Bhatia PVSM. AVSM, VrC & Bar was the first Indian who dared a tandem skydiving jump in India at the age of 56 yrs. This daring feat was performed on 17 Sep 1999 at Agra airfield from an An-32 aircraft.

Konkan 2009-Indian Navy in UK waters.

An Indian Navy Task Group, led by the destroyer-INS Delhi, along with frigates INS Beas and INS Brahmaputra, and the tanker INS Aditya will reach Portsmouth on June 17, next for Exercise KONKAN with the Royal Navy. The task group will be under the command of Rear Admiral Surinder Pal Singh Cheema, Flag Officer Commanding Western Fleet.
Exercise KONKAN is an annual exercise between Indian and Royal Navies, conducted with the aim of building maritime inter-operability and mutual understanding. So far, four such exercises have been conducted since 2004. KONKAN-09 is the first to be conducted in UK waters.
UK participants, commanded by Commodore Simon Ancona, include the frigates HMS Westminster and HMS Lancaster, the nuclear powered submarine HMS Trafalgar, the auxiliaries RFA Mounts Bay and RFA Fort Rosalie and an RAF Nimrod maritime patrol aircraft. A team of Indian Navy divers will also be conducting Explosive Ordinance Disposal (EOD) training with the Plymouth-based Southern Diving Group.
After the harbour phase, the combined Task Group will sail on July 20, Saturday and exercise together for six days. The focus will be on anti-submarine warfare, but there will be opportunities to practice anti-air and anti-surface skills, including specialist boarding operations.

Varuna 2009-Indian and French Navy Exercise.

For the last 11 years, India and France have continually strengthened their bilateral naval relation. for this purpose the two navies have conducted an annual bilateral exercise, called VARUNA. This exercise aims at enhancing interoperability between the two navies, with an ever increasing complexity. This year, for the first time VARUNA will occur outside Indian waters, off the coasts of Brittany from 27 June to 04 July as a part of the Indian Task Force’s deployment to Europe from May to Jul 2009.

The exercise, VARUNA 2009, will involve many assets from the two nations: on the Indian side, the Task Force will comprise the destroyer Delhi, the frigates Brahmaputra and Beas, and the replenishment ship Aditya and their integral helicopters. The French contribution will consist of assets placed under CECLANT’s command (the Admiral Commanding Atlantic Ocean Zone), notably the destroyer Primauguet with a helicopter, the frigate Lieutenant de Vaisseau Le Hanaff, the nuclear powered attack submarine Emeraude. Several French aircraft will also take part in the exercise, including maritime patrol aircraft and navy’s fighters.

VARUNA 2009 is a natural continuation of the former VARUNA exercises, during which France was deploying significant assets far from their home ports, such as the aircraft carrier Charles de Gaulle and her naval group in 2006. This year it is India's turn to send an important task force to European waters. These deployments and the long lasting continuity in the exercises demonstrate the importance mutually given to naval partnerships between two nations

       The naval partnership between the two nations is presently based on a comprehensive defence agreement signed by the Indian Prime Minister and the French President in 2006. India and France both desire to strengthen their naval cooperation which has already proven to be solid and is not restricted to VARUNA series alone, as is evident from ongoing activities in the Indian Ocean, where the two navies of both sides are coordinating their efforts towards the suppression of piracy off Somalia.

Role of Governor under RTI Act 2005

Article 153. Governors of States

There shall be a Governor for each State provided that nothing in this article shall prevent the appointment of the same person as Governor for two or more States.

Article 154. Executive power of State

(1) The executive power of the State shall be vested in the Governor and shall be exercised by him either directly or through officers subordinate to him in accordance with this Constitution.

(2) Nothing in this article shall

(a) be deemed to transfer to the Governor any functions conferred by any existing law on any other

authority; or

(b) prevent Parliament or the Legislature of the State from conferring by law functions on any authority subordinate to the Governor.

Article 155. Appointment of Governor.

The Governor of a State shall be appointed by the President by warrant under his hand and seal.

Article 156. Tenure of office of Governor

(1)The Governor shall hold office during the pleasure of the President.

(2) The Governor may by writing under his hand addressed to the President resign his office.

(3) Subject to the foregoing provisions of this article a Governor shall hold for a term of five years from the date on which he enters upon his office Provided that a Governor shall not withstanding the expiration of his term continue to hold office until his successor enters upon his office.

Article 157. Qualifications for appointment as Governor: No person shall be eligible for appointment as Governor unless he is a citizen of India and has completed the age of thirty-five years.

Article 158. Conditions of Governor's office:

The Governor shall not be a member of either House of Parliament or of a House of the Legislature of any State specified in the First Schedule, and if a member of either House of

Parliament or of a House of the Legislature of any 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.

(2) The Governor shall not hold any other office of profit.

(3) The Governor shall be entitled without payment of rent to the use of his official residences and shall be also entitled to such emolument allowances and privileges as may be determined by Parliament by law and. until provision in that behalf is so made such emoluments allowances and privileges as are specified in the Second Schedule.

(3A) Where the same person is appointed as Governor of two or more States, the emoluments and allowances payable to the Governor shall be allocated among the States in such proportion as the President may by order determine.

(4) The emoluments and allowances of the Governor shall not be diminished during his term of office.

Article 159. Oath or affirmation by Governor: Every Governor and every person discharging the functions of the Governor shall, before entering upon his office, make and subscribe in the presence of the Chief Justice of the High Court exercising jurisdiction in relation to the State or in his absence the senior most Judge of that court available, an oath or affirmation in the following form, that is to say-"I,A.B., do swear in the name of God that I will faithfully execute the office of Governor (or discharge the functions of the Governor) of……… (Name of the State) and will to the best of my ability preserve, protect and defend the Constitution and the law and that I will Devote myself to the service and well-being of the people of (name of the State)."

Article 160. Discharge of the functions of the Governor In certain contingencies .The President may make such provision as he thinks fit for the discharge of the functions of the Governor of a State in any contingency not provided for in this Chapter.

Article 161. Power of Governor to grant pardons, etc., and to suspend, remit or commute sentences in certain cases. The Governor of a State shall have the power to grant pardons, reprieves, respites or remissions of punishment or to suspend, remit or commute I the sentence of any person convicted of any offence against any law relating to a matter to which the executive power of the State extends.

Notes on Article 161

The Power under article 161 is a statutory power which cannot be fettered by position such as sections 432,433,433A of the Indian Penal Code, 1960; State of Punjab v. Joginder, AIR 1990 SC 1396.

Article 162. Extent of executive power of State: Subject to the provisions of this Constitution the executive power of a State shall extend to the matters with respect to which the Legislature of the State has power to make laws Provided that in any matter with respect to which the Legislature of a State and Parliament have power to make laws, the executive power of the State shall be subject to, and limited by, the executive power expressly conferred by the Constitution or by any law made by Parliament upon the Union or authorities thereof.

Notes on Article 162

Since the executive power of the State Executive is co-extensive with that of the State Legislature, it follows that the State Executive may make rules regulating any matter within the legislative competence of the Slate Legislature, without prior legislative authority, except where a law is required because the Rules so framed would violate any provision of the Constitution, which requires legislation, e.g., articles 265 and 302; Pratibha v. State,

AIR 1991 Kant 205, paragraph 10. In general, the court, would not exercise its power of judicial review to interfere with a policy made by the Government in exercise of its power under article 162, particularly where it involves technical, scientific or economic expertise; Shri Sitaram Sugar Co. Ltd. v. Union of India. AIR 1990SC 1277, paragraph 56.

In case of any deviation, particularly when it has been done repeatedly, the presumption would be that the Authority has exercised his power of relaxation or the policy has been changed (without Formal amendment), and the later entrants cannot claim the benefit of the original instructions: The Direct Recnlit Class-11 Engineering Officers. Association v. State of Maharashtra, AIR 1990 SC 1607 (CB) paragraph 44.

Duty of high officers:

Proper functioning of State administration should not be jeopardised owing to ego clashes between high officers. Such officers should be aware that power should be exercised for public good and not for personal benefit; State of Assam v. P.C Misra, AIR 1996 SC 430, paragraph II.

The Government is entitled to lay down policies and is empowered to refuse approval for setting 11P Katha industry: State of Himachal Pradesh v. Ganesh Wood Products, AIR 1996 SC 149,

Council of Ministers

Article 163. Council of Ministers to aid and advise Governor

(I) There shall be a Council of Ministers with the Chief Minister at the head to aid and advise the Governor in the exercise of his functions, except in so far as he is by or under this Constitution required to exercise his functions or any of them in his discretion.

(2) If any question arises whether any matter is or is not a matter as respects which the Governor is by or under this Constitution required to act in his discretion the decision of the Governor in his discretion shall be final, and the validity of anything done by the Governor shall not be called in question on the ground that he ought or ought not to have acted in his discretion.

(3) The question whether any, and if so what, advice was tendered by Ministers to the Governor shall not be inquired into in any court.

Notes on article 163

Where an entry in the State list, is expressly made subject to Parliamentary legislation (State list entry 23) the State ceases to have both legislative and executive power in respect of the matter to which the Parliamentary law relates; Bharat Coal v. State of Bihar, (1990) 4 SCC 557.

Governor and the Cabinet

The Governor is required to act in his discretion in the following cases the powers of the Governor of Assam under paragraph 9 of the 6th Schedule;

(a)the functions of a Governor appointed to be administrator of a Union Territory, under article 239(2);

(i)the functions under articles 371(2), 371 A (I) (b); 371 C (I); 371 F (g). In other cases the Governor is to act on the advice of ministers. (i) Kapoor v. Slate of Punjab, ( 1955) I SCR 577, 587.

(ii) Sanjeevi v. State of Madras, (1970) II SC 672677.

The function of hearing appeal against Public Service Commission is also to be exercised on cabinet advice; U.P.PS.C. v. Suresh, AIR 1987 SC 1953.

Because of its very nature, the report of the Governor, under article 356 (I), cannot be given on the advice of the Council of Ministers when such a report may lead to the fall of that body.

Existing Ministers to continue.

A Council of Ministers must always exist to advise the Governor. (even after dissolution of the Legislature or resignation of a Council of Ministers). Hence, the existing ministry may continue in the office until its successor assumes charge of office; Rao v.lndira, AIR 1971 SC 1002.

Classification of orders.

The orders passed by the Governor of a State (article 163) fall in four broad categories:

(i)The exercise of executive power in accordance with the provisions of the Constitution, by or under the order of the Governor, wherein full judicial review is available;

(ii) Orders passed by the Governor, on the aid and advice of the Council of Ministers headed by the Chief Minister, wherein full judicial review is available; (iii) Orders like the grant of pardon under article 161 and the orders passed by the President on the report submitted by the Governor under article 356, on account of which limited judicial review is available; and

(iv) Where the Governor acts without the aid and advice of the Council of Ministers (headed by the Chief Minister)and acts in his own discretion. (Here no judicial review is permissible) Pratap Singh Rane v. Government of Goa AIR 1999 Born 53, 91, paragraphs 29, 36 (OB).

Article 164. Other provisions as to Ministers: (I) The Chief Minister shall be appointed by the Governor and the other Ministers shall be appointed by the Governor on the advice of the Chief Minister, and the Ministers shall hold office during the pleasure of the Governor:

Provided that in the State of Bihar, Madhya Pradesh and Orissa, there shall be a Minister in charge of tribal welfare who may in addition be in charge of the welfare of the Scheduled Castes and backward classes or any other work.

(2) The Council of Ministers shall be collectively responsible to the Legislative Assembly of the State.

(3) Before a Minister enters upon his office, the Governor shall administer to him the oaths of office and of secrecy according to the forms set out for the purpose in the Third Schedule.

(4) A Minister who for any period of six consecutive months is not a member of the " Legislature of the State shall at the expiration of that period cease to be a Minister-

(5) The salaries and allowances of Ministers shall be such as the Legislature of the State may from time to him by law determine and, until the Legislature of the State so, determines, shall be as specified in the Second Schedule.

Article 165. The Advocate-General for the State: (I) The Governor of each State shall appoint a person who is qualified to be appointed a Judge of a High Court to be Advocate- General for the State.

(2) It shall be the duty of the Advocate-General to give advice to the Government of the State upon such legal matters, and to perform such other duties of a legal character, as may from time to time be referred or assigned to him by the Governor, and to discharge the functions conferred on him by or under this Constitution or any other law for the time being in force.

(3) The Advocate-General shall hold office during the pleasure of the Governor, and shall receive such remuneration as the Governor may determine.

Notes on Article 165

While ordinarily a concession made by Government pleader in a trial court does not bind the Government unless it is in writing on instruction from a responsible officer, that principle would not apply to a concession made by the Advocate-General because he is assumed to make a. statement with

responsibility; Periyar v State of Kerala, AIR 1990 SC 2192, paragraph 9.

Article 166. Conduct or business of the Government of a State:

(I) All executive action of the Government of a State shall be expressed to be taken in the name of the Governor.

(2) Orders and other instruments made and executed in the name of the Governor shall be authenticated in such manner as may be specified in rules to be made by the Governor, and the validity of an order or instrument which is so authenticated shall not be called in question on the ground that it is not an order or instrument made or executed by the Governor.

(3) The Governor shall make rules for the more convenient transaction of the business of the Government of the State and for the allocation among Ministers of the said business in so far as it is not business with respect to which the Governor is by or under this Constitution required to act in his discretion.

THE STATE LEGISLATURE

General

Article 168. Constitution of Legislatures In States. (l) For every State there shall be a Legislature which shall consist of the Governor, and

a)in the States of Maharashtra,Kamataka and Uttar Pradesh, two houses:

(b) in other States, one House.

(2) Where there are two Houses of the Legislature of a State, one shall be known as the Legislative Council

and the other as the Legislative Assembly, and where there is ~; only one House, it shall be known as the Legislative Assembly.

Article 171. Composition of the Legislative Councils.

(I) The total number of members in the Legislative Council of a State having such a Council shall not exceed one-third of the total number of members in the Legislative Assembly of that State:

Provided that the total number of members in the Legislative Council of a State shall in no case be less than forty.

(2) Until Parliament by law otherwise provides, the composition of the Legislative,Council of a State shall be as provided in clause (3).

(3) Of the total number of members of the Legislative Council of a State-

(a) as nearly as may be, one-third shall be elected by electorates consisting of members of municipalities, district boards and such other local authorities in the State as Parliament may by law specify;

(b) as nearly as may be, one-twelfth shall be elected by electorates consisting of persons residing in the State who have been for at least three years graduates of any university in the territory of India or have been for at least three years in possession of qualifications prescribed by or under any law made by Parliament as equivalent to that of a graduate of any such university;

(c) as nearly as may be, one-twelfth shall be elected by electorates consisting of persons who have been for at least three years engaged in teaching in such educational institutions within the State, not lower in standard than that of secondary school as may be prescribed by or under any law made by Parliament;

(d) as nearly as may be one-third shall be elected by the members of the Legislative Assembly of the State from amongst persons who are not members of the Assembly;

(e) the remainder shall be nominated by the Governor in accordance with the provisions of clause

(4) The members to be elected under sub-clauses (a), (b) and (c) of clause (3) shall be chosen in such territorial constituencies as may be prescribed by or under any law made by Parliament and the election under the said sub-clauses and under sub-clause (d) of the said clause shall be held in accordance with the system of proportional representation by means of the single transferable vote.

(5) The members to be nominated by the Governor under sub-clause (e) of clause (3) shall consist of persons having special knowledge or practical experience in respect of such matters as the following. namely: Literature ,science ,art ,co-operative movement and social service.

Article 174. Sessions of the State Legislature, prorogation and dissolution:

(I) The Governor shall from time to time summon the House or each House of the Legislature of the State to meet at such time and place as he thinks fit, but six months shall not intervene between its last sitting in one session and the date appointed for its first sitting in the next session.

(2) The Governor may from time to time -

(a) prorogue the House or either House; (b) dissolve the Legislative Assembly.

Notes on Article 174

Dissolution of Assembly

On the 7th December 1988, the High Court of Gauhati pronounced an important judgement in the case relating to dissolution of the Nagaland Assembly and held that the report of the Governor recommending dissolution of the Assembly was not acceptable. The writ petition had been filed by Mr.Vamuzo, leader of the Joint Regional Legislative Party, challenging the validity of the Presidential Proclamation of 17th August,1988 dissolving the Assembly and taking over the Government of the State. Contention of the petitioner was that the petitioner was enjoying support of the majority of 35 members in the 60 members House, and should have been invited to foffi1 the Ministry after the split in the Congress-l. His grievance was that in spite of the Speaker's decision that it was a split, the Governor took into account extraneous and irrelevant aspects .Three points were submitted by the Attorney-General opposing the writ petition; First, the President acted on the aid and advice of the Council of Ministers and no court could determine what information was made available to the President under article 74(2) of the Constitution;

Secondly, the Governor was protected under article 361 of the Constitution; Thirdly as the Proclamation had been approved by Parliament, no relief could be granted to the petitioner. It appears that the second contention was not approved by the Division Bench (Chief Justice A. Raghuvir and Mr. Justice B.L. Hansaria), in view of [he allegation that the Governor had acted on Irrelevant material In a sense, this judgement qualifies article 361, by holding that action of the Governor based on collateral material is justifiable, notwithstanding the wide protection given by article 361.

There seems to have been a difference of opinion amongst the two Judges on the question of material supporting the President's satisfaction. The Chief Justice accepted the Attorney-General's contention, to the extent that the court could not call for the material on the basis of which the President had foffi1ed his satisfaction. But, according to Mr. Justice Hansaria, the proclamation could not have been issued within the parameters of law, relying solely on the report of the Governor, in as much as a very relevant material had not found place in the report. As such, the satisfaction of the president arrived at would be a 'fraud on the power'. Political trick could not bar the court from the judiciability, the judge observed.

Endorsement of Bill

Where a Bill is duly endorsed by the Speaker as passed, it cannot be questioned in the courts on, the ground that certain members were prevented from attendance owing to detention under I Emergency laws; Indira v. Raj Narain, AIR 1957 SC 2299.

Article 175. Right of Governor to address and send messages to the House or Houses:

(1) The Governor may address the Legislative Assembly or, in the case of a State having a Legislative Council, either House of the Legislature of the State, or both Houses assembled together, and may for that purpose require the attendance of members.

(2) The Governor may send messages to the House or Houses of the Legislature of the State ,whether with respect to a Bill then pending in the Legislature or otherwise, and a House to which any message is so sent shall with all convenient dispatch consider any matter required by the message to be taken into consideration.

Article 176. Special address by the Governor.

(I) At the commencement of '[the first session after each general election to the Legislative Assembly and at the commencement of the first session of each year, the Governor shall address the Legislative Assembly or, in the case of a State having a

Legislative Council, both Houses assembled together and inform the Legislature of the causes of its summons.

(2) Provision shall be made by the rules regulating the procedure of the House or either House for

the allotment of time for discussion of the matters referred to in such address.

Article 188. Oath or affirmation by members.

Every member of the Legislative Assembly or the Legislative Council of a State shall, before taking his seat, make and subscribe before the Governor, or some person appointed in that behalf by him, an oath or according to the form set out for the purpose in the Third Schedule.

Article 192. Decision on questions as to disqualification’s of members.

(I) If any question arises as to whether a member of a House of the Legislature of a State has become subject to any of the disqualification’s mentioned in clause (1) of article 191, the question shall be referred for the decision of the Governor and his decision shall be final.

(2) Before giving any decision on any such question, the Governor shall obtain the opinion of the Election Commission and shall act according to such opinion.

Notes on Article 192

Election Commission.

Where two Election Commissioners, do not reach a unanimous decision out of 'necessity' the Chief Election Commissioner has to express his opinion. Majority view would be sent to the Governor; Election Commission v. Subramaniam Swamy, AIR 1996 SC 810.

Article 200. Assent to Bills.

When a Bill has been passed by the Legislative Assembly of a State or, in the case of a State having a Legislative Council, has been passed by both Houses of the Legislature of the State, it shall be presented by the Governor and the Governor shall declare either that he assents to the Bill or that he withholds assent, therefrom that he reserves the Bill for the consideration of the President: Provided that the Governor may, as soon as possible after the presentation to him of the Bill for assent, return the Bill if it is not a Money Bill together with a message requesting that the House or Houses will reconsider the Bill or any specified provisions thereof and, in particular, will consider the desirability of introducing any such amendments as he may recommend in his message and, when a Bill is so returned, the House or Houses shall reconsider the Bill accordingly, and if the Bill is passed again by the House or Houses with or without amendment and presented to the Governor for assent, the Governor shall not withhold assent there from.

Provided further that the Governor shall not assent to, but shall reserve for the consideration of the President, any Bill which in the opinion of the Governor would, if it became law, so derogate from the powers of the High Court as to endanger the position which that Court is by this Constitution designed to fill.

Notes on Article 200

Governor's Assent to Bills.

There are four courses open to a Governor to whom a Bill passed by the State Legislature is presented for assent The Governor-

(i) assents, or

(ii) withholds assent, or

(iii) reserves the Bill for the consideration of the President, or

(iv) returns the Bill (If not a Money Bill), for re-consideration, with his message. This is to be done ''as soon as possible after the presentation" of the Bill (First Proviso) The Governor's action in this regard has been held to be non-justifiable. See the under mentioned cases.

(i) Purushotham v. State of Keralo, AIR 1962 SC 694.

(ii) Hoechst v. State of Bihar, AIR 1983 SC 1019.

(iii) Bharot Sevo Ashram v. State of Gujarot, AIR 1987 SC 494.

Article 201. Bills reserved for consideration .When a Bill is reserved by a Governor for the consideration of the President, the President shall declare either that he assents to the Bill or that he withholds assent there from:

Provided that, where the Bill is not a Money Bill, the President may direct the Governor to return the Bill to the House or, as the case may be, the Houses of the Legislature of the State together with such a message as it mentioned in the first proviso to article 200 and, when a Bill is so returned, the House or Houses shall reconsider it accordingly within a period of six months from the date of receipt of such message and, if it is again passed by the House or Houses with or without amendment, it shall be presented again to the President for his consideration.

Procedure in Financial Matters

Article 202. Annual financial statement.

(I) The Governor shall in respect of every financial year cause to be laid before the House or Houses of the Legislature of the State a statement of the estimated receipts and expenditure of the State for that year, in this Part referred to as the "annual financial statement".

(2) The estimates of expenditure embodied in the annual financial statement shall show separately-

(a) the sums required to meet expenditure described by this Constitution as expenditure charged upon the Consolidated Fund of the State; and

(b) the sums required to meet other expenditure proposed to be made from the Consolidated Fund of the State; and shall distinguish expenditure on revenue account from other expenditure.

(3) The following expenditure shall be expenditure charged on the Consolidated Fund of each State-

(a) the emoluments and allowances of the Governor and other expenditure relating to his office;

(b) the salaries and allowances of the Speaker and the Deputy Speaker of the Legislative Assembly and, in the case of State having a Legislative Council, also of the Chairman and the Deputy Chairman of the Legislative Council;

(c) debt charges for which the State is liable including interest, sinking fund charges and redemption charges, and other expenditure relating to the raising of loans and the service and redemption of debt;

(d) expenditure in respect of the salaries and allowances of Judges of any High Court;

(e) any sums required to satisfy any judgement, decree or award of any court or arbitral tribunal;

(f) any other expenditure declared by this constitution, or by the Legislature of the State by law, to be so charged

Article 205. Supplementary, additional or excess grants:

(1) The Governor shall (a) if the amount authorized by any law made in accordance with the provisions of article 204 to be expended for a particular service for the current financial year is found to be insufficient for the purposes of that year or when a need has arisen during the current financial year for supplementary or additional expenditure upon some new service not contemplated in the annual financial statement for that year, or

(b) if any money has been spent on any service during a financial year in excess of the amount granted for that service and for that year, cause to be laid before the House or the Houses of the Legislature of the State another statement showing the estimated amount of that expenditure or cause to be presented to the Legislative Assembly of the State a demand for such excess, as the case may be.

(2) The provisions of articles 202, 203 and 204 shall have effect in relation to any such statement and expenditure or demand and also to any law to be made authorising the appropriation of moneys out of the Consolidated Fund of the State to meet such expenditure or the grant in respect of such demand as they have effect in relation to the annual financial statement and the expenditure mentioned therein or to a demand for a grant and the law to be made for the authorisation of appropriation of moneys out of the consolidated fund of the state to meet such expenditure or grant.

Procedure Generally

Article 208 Rules or procedure

(1) A House of the Legislature of a State may make rules for regulating subject to the provisions of this Constitution, its procedure and the conduct of its business.

(2) Until rules are made under clause (1), the rules of procedure and standing orders in force immediately before the commencement of this Constitution with respect to the Legislature for the corresponding Province shall have effect in relation to the Legislature of the State subject to such modifications and adaptations as may be made therein by the Speaker of the Legislative Assembly, or the Chairman of the Legislative Council, as the case may be.

(3) In a State haying a Legislative Council the Governor, after consultation with the Speaker of the Legislative Assembly and the Chairman of the Legislative Council, may make rules as to the procedure with respect to communications between the two Houses.

Article 213. Power of Governor to promulgate Ordinances during recess legislature:

(I) If at any time except when the Legislative Assembly of a State in, session, or where there is a Legislative Council in a State, except when both House n the Legislature are in session, the Governor is satisfied that circumstances exist which render it necessary for him to take immediate action, he may promulgate such Ordinances as the circumstances appear to him to require:

Provided that the Governor shall not, without instructions from the President promulgate any such Ordinance if-

(a) a Bill containing the same provisions would under this Constitution 1 required the previous sanction of the President for the introduction thereof the Legislature; or

(b) he would have deemed it necessary to reserve a Bill containing the provisions for the consideration of the President; or

(c) an Act of the Legislature of the State containing the same provisions under this Constitution have been invalid unless, having been reserved for consideration of the President, it had received the assent of the President.

(2) An Ordinance promulgated under this article shall have the same force effect as an Act of Legislature of the State assented to by the Governor, but every Ordinance-

(a) shall be laid before the Legislative Assembly of the State, or where there Legislative Council in the State, before both the Houses, and shall cease operate at the expiration of six weeks from the reassembly of the Legislature or if before the expiration of that period a resolution disapproving it is pa by the Legislative Assembly and agreed to by the Legislative Council, if upon the passing of the resolution or, as the case may be, on the resolution being agreed to by the Council; and

(b) may be withdrawn at any time by the Governor. Explanation: Where the Houses of the Legislature of a State having a Legislature Council are summoned to reassemble on different dates, the period of six weeks shall reckoned from the later of those dates for the purposes of this clause.

(3) If and so far as an Ordinance under this article makes any provision w would not be valid if enacted in an Act of the Legislature of the State assented to be Governor, it shall be void:

Provided that, for the purposes of the provisions of this Constitution relating to effect of an Act of the Legislature of a State which is repugnant to an Act of Parliament existing law with respect to a matter enumerated in the Concurrent List, an Ordinance promulgated under this article in the Concurrent List, an Ordinance promulgated under this article in pursuance of instructions from the President shall be deemed to be an Act of the Legislature of the State which has been reserved for the consideration of the President and assigned by him.

Notes on article 213

(Ordinances issued by the President). The most important case 00 article 213 is D.C. Wadhwa v. State of Bihar, AIR 1987 SC 579. Dr. Wadhwa's book Repromulgation of Ordinances (Orient Longman, 1985) traces history of the Ordinances "making power in a comprehensive manner. Earlier decisions-such as State of Punjab v. Satya Pal, AIR 1969 C 903 should now he read subject to D.C. Wadhwa v. State of Bihar, AIR 1987 SC 579.

An Ordinance can he challenged if the Governor-

(a) directly violated a constitutional provision, or

(b) exceeded his constitutional power to make an Ordinance, or

(c) has made a colourable use of such power (e.g by successive repromulgation of an Ordinance without getting an Act of the Legislature passed to replace an expiring Ordinance) the court would strike down the Ordinance; D.C. Wadhwa v. State of Bihar, AIR 1987 SC 579, paragraphs 6-8.

Article 219. Oath or affirmation by Judges or High Courts: Every person appointed to be a Judge of a High Court shall, before he enters upon his office, make and subscribe before the Governor of the State, or some person appointed in that behalf by him, an oath or affirmation according to the form set out for the purpose in the Third Schedule.

Article 233 Appointment of district judges:

(l) Appointments of persons to be, and the posting and promotion of, district judges in any State shall be made by the Governor of the State in consultation with the High Court exercising jurisdiction in relation to such State.

(2) A person not already in the service of the Union or of the State shall only be eligible to be appointed a district. Judge if he has been for not less than seven years an advocate or a pleader and is recommended by the High Court for appointment [233A, Validation of appointments of and judgements, etc., delivered by, certain district judges .Notwithstanding any judgement ,decree or order of any court,-

(a) (i) no appointment of any person already in the judicial service of a State or of any person who has been for not less than seven years an advocate or a pleader, to be a district judge in that State ,and

(ii) no posting, promotion or transfer of any such person as a district judge, made at any time before the commencement of the Constitution (Seventieth Amendment) Act, 1966, otherwise than in accordance with the provisions of article 233 or article 235 shall be deemed to be illegal or void or ever to have become illegal or void by reason only of the fact that such appointment, posting, promotion or transfer was not made in accordance with the said provisions;

(b) no jurisdiction exercised, no judgement, decree, sentence or order passed or made, and no other act or proceeding done or taken, before the commencement of the Constitution (Twentieth Amendment) Act, 1966 by, or before, any person appointed, posted, promoted or transferred as a district judge in any State otherwise than in accordance with the provisions of article 233 or article 235 shall be deemed to be illegal or invalid or ever to have become illegal or invalid by reason only of the fact that such appointment, posting, promotion or transfer was not made in accordance with the said provisions.

Article 234. Recruitment of persons other than district judges to the judicial service: Appointment of persons other than district judges to the judicial service of a State shall be made by the Governor of the State in accordance with rules made by him in that behalf after consultation with the State Public Service Commission and with the High Court exercising jurisdiction in relation to such State.

Article 237. Application or the provisions or this Chapter to certain class or classes or of magistrates.

The Governor may by public notification direct that the foregoing provisions of this Chapter and any rules made thereunder shall with effect from such date as may be fixed by him in that behalf apply in relation to any class or classes of magistrates in the State as they apply in relation to persons appointed to the judicial service of the State subject to such exceptions and modifications as may be specified in the notification.

Article 243(I) Constitution of Finance Commission to review the Financial Position of Panchayats

Definitions: In this Part, unless the context otherwise requires:

(a) 'district' means a district in a State;

(b) Gram Sabha means a body consisting of persons registered in the electoral rolls relating to a village comprised within the area of Panchayat at the village level;

(c) 'Intermediate level' means a level between the village and district levels specified by the Governor of a State by public notification to be the intermediate level for the purposes of this Part;

(d) 'Panchayat' means an institution (by whatever name called) of self-government constituted under article 243b for the rural areas.

(e) 'Panchayat area' means the territorial area of a Panchayat;

(f) 'population' means the population as ascertained at the last preceding census of which the relevant figures have been published;

(g) 'village' means a village specified by the Governor by public notification to be a village for the purposes of this Part and includes a group of villages so specified-

Article 243(Y). Finance Commission. (l) The Finance Commission constituted under article

243-1 shall also review the financial position of the Municipalities and make;

recommendations to the Governor as to —

1. The principles which should govern-

2. (i) The distribution between the State and the Municipalities of the net proceeds of the taxes, duties,tolls and fees leviable by the State, which may be divided between them under this Part and the allocation between the Municipalities at all levels of their respective shares of such proceeds;

(ii) The determination of the taxes, duties, tolls and fees which may be assigned to, or appropriated by, the Municipalities.

(iii) The grants-in-aid to the Municipalities from the Consolidated Fund of the State;

(b) The measures needed to improve the financial position of the Municipalities;

(c) Any other matter referred to the Finance Commission by the Governor in the interests of sound finance of the Municipalities.

SERVICES UNDER THE UNION AND THE STATES

Article 309. Recruitment and Conditions of Service of Persons of Appointed to K.P.S.C.

Subject to the provisions of this Constitution, Acts of the appropriate Legislature may regulate the recruitment, and conditions of service of persons appointed, to public services and posts in connection with the affairs of the Union or of any State:

Provided that it shall be competent for the President or such person as he may direct in the case of services and posts in connection with the affairs of the Union, and for the Governor of a State or such person as he may direct in the case of services and posts in connection With the affairs of the State to make rules regulating the recruitment, and the conditions of service of persons appointed, to such services and posts until provision in that behalf is made by or under an Act of the appropriate Legislature under this article, and any rules so made shall have effect subject to the provisions of any such Act.

Administrative instructions

Though non-statutory Rules cannot modify statutory Rules, there is nothing to prevent the Government from issuing administrative instructions on matters upon which the statutory Rules are silent; Comptroller v. Mohan, (1992) I SC 20.

Adverse remarks

Adverse remarks against which a representation is pending should not be taken into account when considering an employee's case for selection to the Selection Grade, etc.; State of M P.V Bani, (1990) Supp SCC 736, paragraph 6.

If an adverse order is challenged in a court of law, it is always open to the competent authority to place before the court the reasons which may have led to the rejection of the representation Union of India v. E.G Nambudri , AIR 1991 SC 1216.

A copy of the adverse entry is to be supplied to the employee within a reasonable time This obligation to communicate does not extend to any observation in the entry which is not adverse to the employee; Baikuntha v C.DMO, (1992) 2 SCC 299, paragraph 33 (3 Judges).

The remarks in a Confidential Report are used as data of comparative merit when questions of promotion, confirmation, crossing of efficiency bar, termination of service, etc, of the employee in question arise; Union of India v. Nambudri, ( 1991) 3 SCC 38, paragraph 6.

Application under section 19 of the Administrative Tribunals Act lies for expunction of adverse remarks; State of MP. v. Bani, (1990) SCC 738, paragraph 5.

Appointment

Though a person, by making an application for a post pursuant to an advertisement, doesn’t acquire any vested right to be appointed to that post, he acquires a right to be considered for selection according to the terms of that advertisement. The eligibility of a candidate for selection for a post depends upon whether he is qualified in accordance with the relevant Rules as they existed at the date of the advertisement for recruitment; N.7: Bevin Kalti v. Karnataka Public Service Commission, (1990) 3 SCC 157.

Armed forces

As regards retirees from the Armed forces, the Supreme Court has not accepted the demand of retirees of armed forces for "one rank one pension"; Indian Ex-Service League v. Union of India. AIR 1991 SC 1182, paragraphs 8, 10 and 18.

It is legitimate for the State Government to announce special benefits of pension, increase etc. to persons enrolled in the armed forces during emergency as contrasted with those enrolled before emergency. Older men, by joining the military service, lost the chance of joining other Government departments. The discrimination is reasonable; Dhan Singh v. State of Haryana, AIR 1991 SC 1047

Compulsory retirement

Compulsory retirement does not contain any stigma and is based on the subjective satisfaction of the authority. However, an order of compulsory retirement cannot be quashed under article 226 on the ground that the adverse entry was not communicated to the petitioner or that rules of natural justice or the requirements of article 21 of the Constitution have not been complied with; Union of India v. Reddy, AIR 1990 SC 563, paragraph 27; State of Sikkim v. Sonam, (1991) Supp I SCC 179, paragraphs 4 and 5

Criminal proceedings

Since article 20(2) has been held to be applicable only to punishment in judicial proceedings, there is no question of its applications where a prosecution or acquittal in a criminal proceeding is followed by a departmental proceeding against a Government servant and vice versa. Conversely, recovery of embezzled or other recovery due to the Government by departmental proceeding cannot bar a criminal prosecution for the offence, if any; Bishwanath v. Union of India, (1991) 16 ATC 912 (Cal), paragraphs 14-16 (FB).

Discrimination

Even as between employees of the same class of service, it would be permissible to give weightage to those who acquire a relevant higher qualification, which is reasonable, e.g., giving accelerated promotion to the most meritorious in order to attract brilliant candidates to the public service; Biswas v. State Bank of lndia, (1991) 2 UJSC 567, paragraph 4. If the Rule be applicable to all classes of Government servants, it cannot be challenged as discriminatory, but if it is mala fide, or arbitrary or perverse, the order may be struck down; Baikuntha v. C.D.M.O., (1992) 2 SCC 299, paragraphs 32 and 34 (3 Judges).

Exploitation

The State should not exploit its employees nor should it take advantage of the helplessness of either the employees or the unemployed persons. The State should act as a model employer and give equal pay for equal work. It should not keep a person in temporary or ad hoc status for long, and take steps for their regularisation; State of Haryana v. Piara, (1992) 4 SCC 18.

The rule of equality of pay cannot be so applied as to give to an employee the higher emoluments of a post in which he has never worked; Virenderv. Avinash, AIR 1991 SC 958.

In general, the grant of higher pay to a junior in the same cadre would be violative of the rule of "equal pay for equal work". But to this there are exceptions founded on justifiable grounds or intelligible differential, e.g." where the higher pay offered to a junior is personal to him, say, on account of additional duties; Chief Engineer v. Jagdish, AIR 1991 SC 200 paragraph 5.

Examination

The court would not interfere with the comparative merits of candidates as assessed by the examining body, in the absence of bias or mala fides or material irregularity in the Constitution of the examining body or the procedure adopted by it-because these are matters requiring an expertise which the courts do not possess; Dalpat v. Mahajan, (1990) I SCC 305, paragraph 12 (3 Judges), Jaswantv. State ofPunjab, (1990) Supp. 1 SCC 313, paragraph 6.

Gratuity

Government has no longer any discretion to forfeit gratuity on any ground; Jesuratnanl v. Union of India, (1990) Supp. SCC 640, paragraph 2.

High Court

In regard to making appointments to clerical posts in the subordinate courts,the Chief Justice of the High Court cannot depart from the constitutional and statutory provisions on the subject. If the Chief Justice takes upon himself the power of both the authorities mentioned above to make selections for, as well as appointments in, the establishments of the subordinate courts, such appointments shall be void; Puttaswamy v. Chief Justice, AIR 1991 SC 295

Interpretation

Subject to certain limitations, Government's interpretation of its own rules and the policy decisions made thereunder should be respected by the courts; Ajeet Singh Singhvi v State of Rajasthan. (1991) Supp I SCC 343 paragraph 12.

Interview

There is nothing contrary in preparing a select list based on the results of the written test alone and then to call for interview out of that list, depending upon the number of vacancies available; Biswasv. State Bank of lndia, (1991) 2 UJSC 567, paragraphs 4.

Where the Rules relating to recruitment do not require that both written and viva voce tests should be adopted, selection by interview alone cannot be held to be illegal. There is no inflexible standard as to the duration of an interview. A candidate cannot complain that the interview was loo short, except in the case of a selection post, i.e., of a higher category; Sardara Singh v. State of Punjab, AIR 1991 SC 2248, paragraphs 6 and 7.

The court would not interfere where, in the absence of the Rules fixing any pass marks for 118 interview test, the examining body fixes a 40% pass marks for the interview as for the written tell; Manjee1 v E.S.I.C., AIR 1990 SC 1104, paragraph 6 (3 Judge Bench)

Lien

When a Government servant's lien is suspended under the Rules, e.g., while he is appointed to a deputation post, he loses all chances of being considered for promotion during the period of such suspension of lien. His lien in the patent cadre is revived only when he reverts to the parent cadre either on his own option, or on release from the deputation; Ram Saran v. State of Punjab, (1991) 2 SCC253, paragraphs 14,19-21.

The lien on post is acquired only when the employee has been confirmed and made permanent on that post and not earlier; Triveni v. State of uttar Pradesh, AIR 1992 SC 496, paragraphs 21.22.

Mandamus

Mandamus would issue to give the petitioner the same pay scale as has been given to employ of the same cadre, without any rational justification; State of Wes1 Bengal v. Debdas, (1991)-I SCC 138, paragraph 15; State ofRajas1han v. Gurcharan, (1990) Supp SCC 778, paragraphs 10-11.

Mandate to Government

In an appeal from a judgement of the Andorra Prudish High Court, the Supreme Court has held that the High Court or the Administrative Tribunal cannot issue a mandate to the State Government to make service rules under article 309 of the Constitution. "The courts cannot usurp the functions assigned to the executive under the Constitution and cannot even indirectly require the executive to exercise its rule-making power in any manner .The court cannot assume to itself a supervisory power over the rule-making power of the executive under article 309 of the Constitution" The Constitution does not permit the court to direct or advise the executive in matters of policy or to sermonise regarding any matter which, under the Constitution, lies within the sphere of legislature or executive; Mallikarjuna Rao v. State of Andhra Pradesh, AIR 1990 SC 1251, 1255, paragraphs 10-12.

Officiating Post

Where an officer, substantively holding a post, is ordered merely to discharge the duties of a higher post in the exigencies of public service, he is not entitled to the emoluments of the higher post. He can claim only what is called the "charge allowance"; Ramakan1 v. Union of India, AIR 1991 SC 1145, paragraph 4.

Privacy

The LIC cannot terminate the service of a lady employee who refuses to give particulars about her menstrual periods. To demand such information compulsorily violates the right of privacy flowing from article 21 of the Constitution. The L.I.C. can (if it so chooses) get the employee medically examined, if the information in question is required to check pregnancy, etc; Neera v L.I.C., (1992) I SCC 286.

Promissory Estoppel

A change of policy is also controlled by the doctrines of promissory estoppel; Am'i1 v. Sra1e of Punjab, (1992) 2 SCC 411, paragraphs 4-6.

A rule made in exercise of the power under the proviso to article 309 constitutes law within the meaning of article 235. For the same reason, such rule may be struck down only on such ground as may invalidate a legislative measure, e.g. violation of articles 14 and 16 of the Constitution, and not because the court considers it to be unreasonable; Bansal v Union of India, AIR 1993 SC 978, paragraph 21.

If the Rules are amended and the Government withdraws the requisition, before the candidates are called for interview pursuant to the advertisement, but the Service Commission goes on with the selection in terms of the original Rules, a candidate so selected acquires no vested right; Jaiswal v Debi, (1992) I UJSC 731, paragraph 5.

A question of conflict arises where a service has got two sets of Rules made under article 309 e.g. General Recruitment Rules and Special Recruitment Rules (applicable to a particular Department such as the Motor Vehicles Branch); Raghunath v. State of Karnataka, AIR 1992 SC 81, paragraph 7.

Rule-making power

Rules as to service matters may be made- (a) under article 309, proviso, or

(b) subject to law made by competent legislation) by executive orders; State of Haryana v Piara, (1992) 4SCC 118, paragraph 21.

Salary

It has been laid down by a Constitution Bench, that the salary drawn on the date of retirement cannot be re-opened as a result of any enhancement made at a later date for persons retiring subsequently; India Ex-Services League v. Union of India, AIR 1991 SC 1182, paragraphs 21 and 22.

Seniority

Even where the order of appointment may have stated that the appointment was temporary or stop gap, etc., yet, where it is established that the appointee has been working in that post for along period (number of years) without break, the court may apply the principle of "continuous officiation" and hold that the appointee be deemed to have been regularised; Nayar v Union of India, AIR 1993 SC 1574; State of Haryana v. Piara, AIR 1992 SC 2130, paragraph 12 (3 Judges)

A subsequent restructuring of the service or delay in holding the selection for which the employee was not responsible cannot take away his seniority for promotion which he had acquired prior to the date of restructure; Nirmol v Union of India, ( 1991) Supp 2 SCC 263, paragraphs 4-6.

It is open to the State to lay down any criteria which it thinks appropriate, for determining seniority in service and it is not competent for the court to strike down such Rule except on the ground that it is arbitrary or it results in inequality of opportunity amongst employees belonging to the same class, which would offend article 14 or 16 of the Constitution; Dhan Singh v. State of Haryana, (1991) 2 Supp SCC 190, paragraph 10.

Where promotees have acquired a higher qualification or are selected by the Public Service Commission, Government can give them some weightage in seniority. There is no improper discrimination and court cannot interfere with such a policy decision of the Government; State of Andhra Pradesh v Muralidhar, AIR 1992 SC 922.

Where a person has been denied seniority by a wrong application of the rules or without any reasonable ground, the court may direct the competent authority to place him in the higher grade with effect from the date when his junior was placed therein, with consequential monetary benefits; Dharam v Administrator, (1991) 17 ATC 925, paragraph 4.

In general, the court would not interfere with rules, or even executive instructions laying do with the principles of seniority if they are 'reasonable, just and equitable, Devdu"a v. State of Madh.11 Pradesh, (1992) 19 ATC 154 (SC), paragraph 17.

As between employees serving in the same service or cadre, seniority shall be detemlined by 110 Rules made under article 309. If there is no unconstitutionality in such Rules, the seniority inter it must be determined according to the criteria laid down in such rules, e.g., rank and merit (where selected by the P.S.C.); the court cannot lay down any other criteria; State of Tanlil ,Vada v. pan, (1991) 3 SCJ 302, paragraph 10 (3 Judges).

The interpretation of Rules as to quota consistent with the Constitution, may be a difficult task No question of seniority arises till a person is appointed substantively to a cadre post under The Rules; Chopra v. State of Haryana, (1992) 19 ATC 493 (SC), paragraphs 10-17.

When a person is appointed to a post according to the Rules, his seniority is to be counted from the date of his appointment and not according to the date of his confirmation: The Direct Recruit, Class- Engineering Officers. Association v. State of Maharashtra, (1990) 2 SCJ 377, paragraph 13 (CB).

If Rules have been made fixing a quota or ratio for appointment from the two sources, then inter, se seniority has to be guided by the quota rules; Saxena v. State of Uttar Pradesh, (1992) 19 ATC 96 (SC), paragraphs 6-7; The Direct Recruit Crass-ll Engineering Officers. Association v. State 0f Maharashra, (1990) 2 SCC 715, paragraph 47.

Government can make rules laying down that persons recruited on a regular basis shall be placed (in seniority) below persons regularised. There is no illegality calling for court intervention The former came into service after passing a competitive examination; Bharnagar v. Union of India, (1991) I SCC 544, paragraphs 8, 9 and 12 (Judges).

Where the Rules themselves make a distinction between persons appointed in the Directol1lle and the subordinate services as separate cadres, and such Rules are not held to be unconstitutional, a claim that common seniority should be maintained between the two cadres, is untenable; Sonl Ruj v. State of Haryana, (1990) 2 SCJ I, paragraphs 5-6. "

Service matters: Judicial interference

Judicial interference in service matters is called for only in order to examine that the action challenged before the court is from the point of-

1. fundamental rights,

2. statutory provisions,

3. rules and instructions,

4. fairness.

State of Haryana v Piara, (1992)4 SCC 118, paragraph 21.

Temporary service

The State should not keep a person in temporary or ad hoc service for a long period. It should take steps for his regularisation; Dharwad District PWD Literate Daily). Wage Employees Association v. Stare of Kamataka, ( 1990) 2 SCC 396, paragraph 23.

Termination

If the temlination (of an employee) is arbitrary, it will be violative of article 16, even though the employee is of an ad hac, temporary or officiating status, or even casual employee; Shrilekha v. State of Uttar Pradesh, (1991) 1 SCC 212.

Transfer

When a person belongs to a service or cadre which is transferable, then, in the absence of any statutory restrictions, a person appointed to the cadre or service is transferable from one post to another, in the interests of public service. In such a case, transfer is an incident of the service and the employee cannot complain except where (a) it is ordered in violation of some mandatory statutory rule, (b) if it is actuated by mala fide." that is, some collateral purpose other than the interests of the administration. The court cannot, therefore, interfere on the mere ground that the transfer was made at the request of the employee and the competent authority granted it to avoid hardship; Shilpi v. State of Bihar, (1991) Supp 2 SCC 659, paragraphs 3-4.

Where employees are transferred from a Government Department to a statutory corporation and provision is made in the statute (or in the directions issued thereunder) that their existing conditions of service would not be adversely affected by the transfer, the court would interfere if the corporation frames regulations to change the conditions of service to the disadvantage of the employees, e.g., in the matter of the age for retirement; Dubey v. M.PS.R.7:C., (1991) Supp I SCC 426. paragraph II.

Vacancies

State is not bound to fill up a vacancy. But the decision not to fill up a vacancy has to be taken bona fide for good reasons. The mere fact that a person's name appears in the merit list does not give him aright to be appointed. But if the vacancy is filled up, the comparative merit (as reflected in the recruitment test) has to be respected and no discrimination is permissible; Shankaran v. Union of India, (1991) 3 SCC 47, paragraph 7a.

Article. 316. Appointment of K.P.S.C Chairman and Members:

(I) The Chairman and other embers of a Public Service Commission shall be appointed, in the case of the Union Commission or a Joint Commission, by the President, and in the case of a State Commission, by the Governor of the State;

Provided that as nearly as may be one-half of the members of every Public Service Commission shall be persons who at the dates of their respective appointments have held office for at least ten years either under the Government of India or under the Government of a State, and in computing the said period of ten years any period before the commencement of this Constitution during which a person has held office under the Crown in India or under the Government of an Indian State shall be included.

(lA) If the office of the Chairman of the Commission becomes vacant or if any such Chairman is by reason of absence or for any other reason unable to perform the duties of his office, those duties shall, until some persons appointed under clause ( I) to the vacant office has entered on the duties thereof or, as the case may be, until the Chairman has resumed his duties, be performed by such one of the other members of the Commission as the President, in the case of the Union Commission or a Joint Commission, and the Governor of the State in the case of a State in the case of a State Commission, may appoint for the purpose.

(2) A member of a Public Service Commission shall hold office for a term of six years from the date on which he enters upon his office or until he attains, in the case of the Union Commission, the age of sixty-five years, and in the case of a State Commission or a Joint Commission, the age of 3[sixty-two years], whichever is earlier;

Provided that-

(a) a member of a Public Service Commission may, by writing under his hand addressed, in the case of the Union Commission or a Joint Commission, to the President, and in the case of a State Commission, to the Governor of the State, resign his office;

(b) a member of a Public Service Commission may be removed from his office in the manner provided in clause (I) or clause (3) of article 317,

(3) A person who holds office, as a member of a Public Service Commission shall, on the expiration of his term of office, be ineligible for re-appointment to that office.

Notes on Article 316

The requirement in article 316(1) proviso, as to one half members being persons who have held office under the Government is directory. Hence in a State Public Service Commission comprising eleven members. a challenge to the seventh member (who belongs to the non-service category) not sustainable in law; Jai Shankar Prasadv. State of Bihar, (1993) 2 SCC 597.

Article 317. Removal and suspension of a member of a K.P.S.C.

(1) Subject to the provisions of clause (3), the Chairman or any other member of a Pub Service Commission shall only be removed from his office by order of the President the ground of misbehaviour after the Supreme Court, on reference being made to it by President, has, on inquiry held in accordance with the procedure prescribed in that be under article 145, reported that the Chairman or such other member, as the case may ought on any such ground to be removed.

(2) The President, in the case of the Union Commission or a Joint Commission, the Governor in the case of a State Commission, may suspend from office Chairman or any other member of the Commission in respect of whom a reference been made to the Supreme Court under clause (l) until the President has passed orders receipt of the report of the Supreme Court on such reference.

(3) Notwithstanding anything in clause (I), the President may by order remove from office the Chairman or any other member of a Public Service Commission if Chairman or such other member, as the case may be, -.

(a) Is adjudged an insolvent; or

(b) engages during his term of office in any paid employment outside the duties his office; or

(c) Is, in the opinion of the President, unfit to continue in office by reason infirmity of mind or body.

(4) If the Chairman or any other member of a Public Service Commission is becomes in any way concerned or interested in any contract or agreement made by or behalf of the Government of India or the Government of a State or participates in an way in the profit thereof or in any benefit or emolument arising therefrom otherwise as a member and in common with the other members of an incorporated company, he; shall, for the purposes of clause (1), be deemed to be guilty of misbehaviour.

Notes on Article 317

Important judgements as to Public Service Commissions are the following:

(i) Reference under article 317( 1 ), AIR 1983 SC 996.

(ii) UP Public Service Commission v. Suresh, AIR 1987 SC 1953.

(iii) K.P Sen v. State of West Bengal, AIR 1966 Cal356.

(iv) Hargovindv.Raghukul,AIR 1979SC 1109.

Proportion

The validity of the appointment of a particular member cannot be challenged on the ground that he did not belong to the category which was required to make up the 50% proportion; Jai v. Srutt of Bihar, (1993) 2 SCC 597, paragraphs 9-12.

Misconduct

In article 124(4) the word 'proved' qualifies the word 'misconduct' while that qualification is absent in article 317(1).

Such proof in the case of a Supreme Court Judge, comes from [the law enacted by Parliament under clause (5) of article 124], the inquiry under the Judges (Inquiry) Act, 1968, which is absent in the case of a member of a Public Service Commission In the case of a member of the Public Service Commission, the inquiry and proof of misbehaviour shall be made by the Supreme Court, while in the case of a Supreme Court Judge, that is to be done by the Committee set up under the Judges (Inquiry) Act, 1968; subcommittee v. Union of India, AIR 1992 SC 320, paragraph 45

If the Chairman of a State Public Service Commission is slapped on the face by another, it is a case of misbehaviour under article 317(1) and renders the latter member liable to be removal infirmities under article 317(3)(c) must be such as to disable the member from the efficient discharge of his functions and must be of post-appointment origin. Where a university professor is appointed a member of State Public Service Commission and is known to be blind, he cannot be removed on the ground of infirmity; Jai Shankar Prasad v State ofBihar, (1993) 2 SCC 597.

The provisions of proviso (b) to article 316 and the word 'only' in article 317(a) make it clear that the power to remove a Public Service Commission has been vested exclusively in the

President. Hence, no court can exercise this power even by means of the writ of quo warranto. The determination as to whether a member should be removed on the ground of infirmity is left to the subjective satisfaction of the President as to whether the infirmity is such that it incapacitates the particular member for discharging the functions of his office; Jai v. State of Bihar, (1993) 2 SCC 597, paragraphs 13, 15 and 18.

In a reference under article 317 regulating enquiry and report on the allegations made against the Chairman Manipur State Public Service Commission, the Supreme Court directed that direct evidence in relation to the reference should be recorded by a sitting Judge of. High Court; JT (1994) 2 SC 63.

Members of State Public Service Commission are not equal to the Chairman and cannot claim the same facilities as the Chairman; Bihar Public Service Commission v Dr Shiv Jatan Thakur, JT(1994) SC 681.

Article 318. Power to make regulations as to conditions of service or members and staff of the K.P.S.C.

In the case of the Union Commission or a Joint Commission, the President and, in the case of a State Commission, the Governor of the State may by regulations-

(a) determine the, number of members of the Commission and their conditions of service; and

(b) make provision with respect to the number of members of the staff of the Commission and their conditions of service.

Provided that the conditions of service of a member of a Public Service Commission shall not be varied to his disadvantage after his appointment.

Article 333. Representation or the Anglo-Indian community In the Legislative Assemblies Nomination:

Notwithstanding anything in article 170, the Governor of a State may, if he is of opinion that the Anglo-Indian community needs representation in the Legislative Assembly of the State and is not adequately represented therein, nominate one member of that community to the Assembly.

Article 361. Protection of President and Governors and Rajpramukhs:

(l) President, or the Governor or Rajpramukh of a State, shall not be answerable to any court for the exercise and performance of the powers and duties of his office or for any act done or purporting to be done by him in the exercise and performance of those powers and duties :

Provided that the conduct of the President may be brought under review by any court, tribunal or body appointed or designated by either House of Parliament for ~ investigation of a charge under article 61:

Provided further that nothing in this clause shall be construed as restricting the right of any person to bring appropriate proceedings against the Government of India or Government of a State.

(2) No criminal proceedings whatsoever shall be instituted or continued against President, or the Governor of a State, in any court during his term of office.

(3) No process for the arrest or imprisonment of the President, or the Governor of a State, shall be issued from any court during his term of office.

(4) No civil proceedings in which relief is claimed against the President, or the Governor of a State, shall be instituted during his term of office in any court in respect of any act done or purporting to be done by him in his personal capacity, whether before or after he entered upon his office as President, or as Governor of such State, until the expiration of two months next after notice in writing has been delivered to the President or the Governor, as the case may be, or left at his office stating the nature of the proceedings, the cause of action therefor, the name, description and place of residence of the party by whom such proceedings are to be instituted and the relief which he claims.

Protection or publication or proceedings or Parliament and State Legislature:

(I) No person shall be liable to any proceedings, civil or criminal, in any court in respect of the publication in a newspaper of a substantially true report of any proceedings of either House of Parliament or the Legislative Assembly, or, as the case may be, either House of the Legislature of a State, unless the publication is proved to have been made with malice:

Provided that nothing in this clause shall apply to the publication of any report of the proceedings of a secret sitting of either House of Parliament or the Legislative Assembly, or, as the case may be, either House of the Legislature, of a State.

(2) Clause (I) shall apply in relation to reports or matters broadcast, by means of wireless telegraphy as part of any programme or service provided by means of a broadcasting station as it applies in relation to reports or matters published in a newspaper