Tuesday, September 22, 2020

Sources of Constitution of India

 

SOURCES OF INDIAN CONSTITUTION

 

  • ØTHE GOVT. OF INDIA ACT,1935

1.    FEDERAL SCHEME OF GOVT.

2.    OFFICE OF GOVERNOR

3.    JUDICIARY (STRUCTURE)

4.    EMERGENCY PROVISIONS

5.    PUBLIC SERVICE COMMISSION

 

  • Ø USA

1.    FUNDAMENTAL RIGHTS

2.    JUDICIAL REVIEW

3.    IMPEACHMENT OF PRESIDENT

4.    REMOVAL OF SC AND HC JUDGE

5.    PREAMBLE

6.    INDEPENDENCE OF JUDICIARY

 

  • Ø BRITISH CONSTITUTION

1.    WRITS

2.    PARLIAMENTARY FORM OF GOVT.

a.    IDEA OF SINGLE CITIZENSHIP

b.    PARLIAMENTARY PRIVILEGES

3.    RULE OF LAW

 

  • Ø IRELAND

1.    DPSP (DIRECTIVE PRINCIPLES OF STATE POLICY)

2.    METHOD OF ELECTION OF PRESIDENT

3.    MEMBERS NOMINATION OF THE RAJYA SABHA BY THE PRESIDENT

 

  • Ø GERMANY’s CONSTITUTION (WEIMAR CONSTITUTION)

1.    SUSPENSION OF FUNDAMENTAL RIGHTS DURING EMERGENCY

 

  • Ø SOUTH AFRICA

1.    AMENDMENT OF THE CONSTITUTION

2.    ELECTION OF MEMBERS OF THE RAJYA SABHA

 

  • Ø USSR’s CONSTITUTION (SOVIET UNION)

1.    FUNDAMENTAL DUTIES

2.    IDEALS OF JUSTICE (SOCIAL, ECONOMIC, POLITICAL)

 

  • Ø CANADA

1.     FEDERALISM WITH STRONG CENTRAL GOVT.

2.    ADVISORY JURISDICTION OF THE SUPREME COURT

3.    CENTRE APPOINTS THE GOVERNORS OF THE STATE

4.   RESIDUARY POWERS VEST WITH THE CENTRE.

NOTE: Residuary powers are that whichever matter is not given in central, state, and concurrent list for that matter, centre has the powers to make a law on all that matters.

 

  • Ø AUSTRALIA

1.    CONCURRENT LIST -7TH SCHEDULE

2.    FREEDOM OF TRADE AND COMMERCE

3.    JOINT SITTING OF THE TWO HOUSES OF PARLIAMENT

 

  • Ø FRANCE

1.    THE IDEALS OF LIBERTY, EQUALITY, FRATERNITY, AND REPUBLIC

 

  • Ø JAPAN

1.    PROCEDURE ESTABLISHED BY LAW

Tuesday, September 1, 2020

Education and new education policy 2020

EDUCATION IN INDIA 

“Education is the most powerful weapon which you can use to change the world.”

                                                                                                                                           ― Nelson Mandela

Education ….

When we talk about education there are several questions come in our mind… some of them are:

·       Firstly, what education means?

·       Secondly, why is it important for us?

·       Thirdly, the development of the education system?

  • ·       What should be the policy for that in modern India and what steps are taken by our government or state to promote it?

What education means?

A society cannot flourish or grow without education because it does not have the intelligence to build and maintain society. Paulo Freire famously called schooling and college as banking- making deposits of knowledge. Such schooling too easily descends into treating learners like objects, things to be acted upon rather than people to be related to. Education, as we understand it here, is a process of inviting truth and possibility, of encouraging and giving time to discovery. It is, as John Dewey put it, a social process- ‘a process of living and not a preparation for future living’. In this view educators look to act with people rather on them, their task is to educe, to bring out, or develop potential.

 At the earlier time, the government has total control of all information distribution to society, resulting in an absence of knowledge and common sense in citizens. The society does not have the basic skills to problem solve or decipher situations, so people cannot comprehend the inherently wrong operations of the government. Society must understand how easily the government can take advantage of the people, and if there is no foundation of education, their society cannot flourish and grow.

Why is education important for us?

Education is very necessary for each and everyone to improve knowledge, way of living as well as social and economic status throughout life. It helps a person to get knowledge and improve confidence level all through life. It plays a great role in our career growth as well as in personal growth. 

And it also works as the backbone of society as education is the social institution through which society provides its members with important knowledge, including basic facts, job skills, and cultural norms values.

Education is an integral part of human society. It’s important in life and can't be ignored as a lack of education gives birth to numerous social problems like poor health, integral conflict, poor living standards, and many more. It helps people to find a better solution to their problems. Education lets people realize the true value of contribution and help become the backbone of society. And there are many more benefits to education. It makes this world a better place to live in as, without educated people, this world can't become a better place. That is why proper education is needed to turn this world into a better place. Hence, we can conclude that fo the evolution of a country, there is a need for education. So, in many ways, education plays an important role for a single person and also our society as a whole.

Development of education system in India


In India education, in ancient days, has always been believed to be much disciplined and well- organized, dating back to sometime during the 3
rd century B.C. when traditional and religious knowledge used to be the main subject of learning. Palm leaves and tree barks were the writing pads and most of the teaching was oral by sages and scholars. Education in India became more relevant to the Gurukul System of learning that required students and teachers boarding together, passing astrology was the main subjects of teaching. Another unique aspect of this education was it's free availability for all but was allowed a voluntary contribution called “Guru Dakshina" which could mostly be afforded by few wells to do families at the end of the courses.

Then at the beginning of the first millennium and some years preceding saw the starting of universities like The TAKSHASHILA University, Nalanda University, Vikramshila University, and Ujjain. Concrete subjects of the study came into being like Astronomy, Grammar, Logic, Philosophy, Literature, Law, Medicine, Hinduism, Buddhism, and Arthashastra (Politics and Economics), Mathematics and Logic. Each of the university specialized in a subject, with Takshashila focusing on medicine, the university in Ujjain on astronomy, whereas, Nalanda dealt with almost all the villages in India, during the 18th century. Medieval times also saw the establishment of Madrasas and the setting up of libraries and literary societies.

And in modern India started with the British era and thus, came the study of the English language which was given more emphasis than other language learning. The recent form of education in India was an idea proposed by Lord Macaulay in the 20th century who believed that Indians should attain modern education to come out of their traditional thoughts, interests, intelligence, and morals. The western education in India witnessed the setting up of several missionary colleges in various parts of the country. Post-independence, the education sector was largely controlled by the central government but slowly became a joint effort by the central and the state governments through a constitutional amendment in 1976. By the start of the 21st century, came education policies and planning like free and compulsory education for children till 14 years of age policy and the plan to spend 6% of GDP in education, focusing primarily more.

What should be the policy for that in Modern INDIA and what steps are taken by our government or state to promote it?

The government has taken no steps to promote education in India. But the most recent step and can say very nice step taken by the government of India is THE NEW EDUCATION POLICY 2020 which is appearing as a new dawn. As a national education policy or NEP is a comprehensive framework to guide the development of education in the country. A new policy usually comes along every few decades. The latest policy is India’s third. It replaces the 1986 NEP, which was in place for 34 years.

The need for a policy was first felt in 1964 when congress MP Siddheshwar Prasad criticized the then government for lacking a vision and philosophy for education. The same year, a 17 member Education Commission, headed by then UGC Chairperson DS Kothari, was constituted to draft a national and coordinated policy on education. Based on the suggestion of this Commission, Parliament passed the first education policy in 1968.



A new NEP usually comes along every few decades. India has had three to date. The first came in 1968 and the second in 1986, under Indira Gandhi and Rajiv Gandhi respectively; the NEP of 1986 was revised in 1992 when P V Narasimha Rao was Prime Minister. The third is the NEP released Wednesday under the Prime Ministership of Narendra Modi.

The vision of India’s new education system has accordingly been crafted to ensure that it touches the life of each and every citizen, consistent with their ability to contribute to this country on the one hand, and towards creating a just and equitable society on the other.

Addresses challenges of education:

1.     Access

2.     Equity

3.     Quality

4.     Affordability

5.     Accountability

The NEP proposes sweeping changes including opening up of Indian higher education to foreign universities, dismantling of the UGC, and the All India Council for Technical Education (AICTE), the introduction of a four-year multidisciplinary undergraduate programme with multiple exit options, and discontinuation of the M Phil programme.

In school education, the policy focuses on overhauling the curriculum, “easier” Board exams, a reduction in the syllabus to retain “core essentials” and thrust on “experiential learning and critical thinking”.

In a significant shift from the 1986 policy, which pushed for a 10+2 structure of school education, the new NEP pitches for a “5+3+3+4” design corresponding to the age groups 3-8 years (foundational stage), 8-11 (preparatory), 11-14 (middle), and 14-18 (secondary). This brings early childhood education (also known as pre-school education for children of ages 3 to 5) under the ambit of formal schooling. The mid-day meal programme will be extended to pre-school children. The NEP says students until Class 5 should be taught in their mother tongue or regional language.

The policy also proposes phasing out of all institutions offering single streams and that all universities and colleges must aim to become multidisciplinary by 2040.

The government plans to set up subject-wise committees with members from relevant ministries at both the central and state levels to develop implementation plans for each aspect of the NEP. The plans will list out actions to be taken by multiple bodies, including the HRD Ministry, state Education Departments, school Boards, NCERT, Central Advisory Board of Education, and National Testing Agency, among others. Planning will be followed by a yearly joint review of progress against targets set.

EMPHASIS ON MOTHER TONGUE OR REGIONAL LANGUAGE:  Most government schools in the country are doing this already. As for private schools, it’s unlikely that they will be asked to change their medium of instruction. A senior ministry official clarified to The Indian Express that the provision on mother tongue as a medium of instruction was not compulsory for states. "Education is a concurrent subject. Which is why the policy clearly states that kids will be taught in their mother tongue or regional language 'wherever possible'," the officer said.

The major recommendations of the NEP in higher education is:

Ø  Replacing the UGC and the AICTE with the Higher Education Commission of India.

Ø  Opening up Indian higher education to foreign players.

Ø  Reintroduction of the four years multi-disciplinary Bachelor’s programme, with exit options.

Ø  Flexibility to institutions to offer different designs for Master’s programmes.

Ø  Discontinuation of the M.Phil programme.

Ø  Setting up of a National Research Foundation.



The first objective of the NEP is to device and implement robust solutions to its problems that are in harmony with different programs and initiatives of the Government of India – make in India, skill India, start-up India and the latest being Atma-nirbhar India.


Saturday, August 29, 2020

HISTORY OF IPC, 1860


 HI EVERYONE!

I am studying IPC these days, so I want to share the history of IPC. I hope this information will be helpful to you all.

  IPC (INDIAN PENAL CODE,1860)

HISTORY OF IPC (INDIAN PENAL CODE), 1860

As we all know, in the uncivilized society no person was said to be safe from attacks to his person or property by any other person. as there were no such laws for it. The person attacked either succumbed or overpowered his opponent. 

"a tooth for a tooth, an eye for an eye, a life for a life" was the rule of law. 

With the advancement of time, the injured person agreed to accept compensation, instead of killing his adversary. For a long time, the function of settling the terms remained with the parties themselves, but gradually this function came to be performed by the State.

In India, the criminal jurisprudence came into existence from the time of Manu. Manu has recognized assault, theft, robbery, false evidence, slander, criminal breach of trust, cheating, adultery, and rape. The king protected his subjects and the subjects in return owed him allegiance and paid him revenue. The king administered justice himself, if unable due to certain circumstances, the matter was entrusted to a judge. If a criminal was fined, the fine went to the king’s treasury and was not given as compensation to the injured party. Different laws came into existence in the reins of different rulers. When the Britishers came into India they adopted a different set of laws which was based on British pattern, but it was not uniform throughout India. Different regulations were passed prescribing practice and procedure to be followed. In 1834 the first Indian Law Commission was constituted to investigate into the jurisdiction, powers, and rules of the existing courts as well as police establishments and into the laws in operation in British India. The Indian Penal Code was drafted by the first Indian Law Commission under the presidentship of Lord Macaulay (THOMAS BABINGTON MACAULAY) with Sarvshri Macleod, Anderson and Millet and was submitted to the Governor-General of India in Council in 1837. But the draft was revised again. It was circulated to the Judges and law advisors of the Crown.

 And In 1845, another Commission was appointed to review the Code. This Commission submitted its report in two parts, one in 1846 and the other in 1847. In 1850 the draft was completed. Subsequently, it was revised by two Law Members of the Governor-General of India in Council and was presented to the Legislative Council in 1856.

The Code was revised according to the report of the Commission but it never saw the light of the day.

After the revolt of 1857, the draft came into the hands of BARNES PEACOCK, who later became the first Chief Justice of Calcutta High Court. In 1860 the draft was completed and passed by the legislative council and after getting assent of the governor-general of India LORD CANNING (first viceroy) it came into effect. Act 45 of 1860 The Indian Penal Code Bill was passed by the Legislative Council and it received the assent of the Governor-General on 6th October 1860. It came on the Statute Book as THE INDIAN PENAL CODE (45 of 1860).

But it came into effect on 1st JANUARY 1862.

Till 1940 it was not applicable in princely states of India. And now it is applicable in the whole of India.  



Sources of Constitution of India

  SOURCES OF INDIAN CONSTITUTION   Ø THE GOVT. OF INDIA ACT,1935 1.     FEDERAL SCHEME OF GOVT. 2.     OFFICE OF GOVERNOR 3.     J...