Wednesday, 14 September 2022
Exclusive Laws of Ignoring, Silence and Attraction (ELISA) of woman for men
Sunday, 25 July 2021
DOES THE STATES HAVE TO FEAR THE BRAND NEW "UNION MINISTRY OF COOPERATION" ?
I). INTRODUCTION:
Recently announced 'Ministry of Co-operative societies' under Amit Shah have been rising speculations and anxiety among various political spectrum, and is been pondered upon on whether this would also infringe on state rights and 'illegally' transfer itself the powers to conduct elections, audit finance etc in the societies in the states.
Let us see what are the effects of this, depending on the existing legalities.
II). EXPLANATION:
* First of all, 'Co-operative societies' fall under the direct control of State government only, and only they can enact laws and administer them. Then, where does the basic premise of justification for this infringe into territory comes from? It's as usual as the British rulers termed for in 'Doctrine of lapse' and most 'administrative reasons' which where lame. It's nothing but "inefficient administration" or "weakness" as mentioned in the Statement of objects and reasons in the amendment (97th Constitutional Amendment) which was brought by the then Dr.Manmohan Singh regime in 2011.
* What is this 97th Constitutional Amendment? It dealt with issues related to effective management of co-operative societies in the country. It was passed by Parliament in December 2011 and had come into effect from February 15, 2012. It amended Article 19(1)(c) to give protection to the cooperatives and inserted Article 43 B and Part IX B, relating to them. Thereby, giving a Constitutional protection to the Cooperative societies, but there was a virus to it.
* Any legislation involving the states, cannot be unilaterally passed and implemented. Therefore, the Gujarat High Court in 2013, have struck down certain provisions of the amendments, making 'ratification' of 50% from state legislature, along with the already present 2/3rd majority in the parliament, to enact laws for 'Co-operative societies' of State mandatory (acc. to Art.368(2)). But, this amendment doesn't say anything about the ratification needed (Art.368(2)) and simply infringes on state's law making autonomy.
* The Union government, listed out their justification to call 'inefficient administration' of these societies, and pointed out some other reasons like delayed elections, lack of accountability, unapproved extensions of terms of office bearers and inadequate professionalism. So, the amendments came forward with some solutions like maximum 21 directors only to be allowed, fixed 5 year term for elected members and office bearers, maximum 6 months suspension period of a board of director and reservation of one seat to SC/ST and two seats for women on the board of every cooperative societies in India. Also, it mandates that, state should enact law, which falls under the 'framework' of union government's proposal. That is the reason, Part IXB was included so give a Constitutional recognition. That is, like Part IX (Panchayats) and Part IXA (Municipalities), Part IXB (CoOperatives) must also be in line with the Union government watch. The ultimate aim of the Union is to empower the Parliament to frame laws for cooperative societies functioning across the states, as followed now, i.e "Multi-State Co-operatives" only, and not the ones in state's jurisdiction, which is not possible.
* In a recent SC Judgement, dated 21/07/2021, a three judge bench have upheld the 2013 Gujarat High Court judgement. Justice Rohinton Nariman, Justice B.R.Gavai, Justice K.M.Joseph penned the judgement in a 2:1 ratio.
Majority comprising Justice Rohinton & Justice Gavai have favored the Union involving in 'Multi-State Co-operative societies' law making conformity, whereas clearly rejected the same into a state's society. Whereas, Justice K.M.Joseph dissented in a wonderful tone, placing that, "..Part IXB cannot be severed into two and making one (State societies) immune and the other (Multi-State Co-operative societies) subjected to Union's framework, because the entire part is that of the State, giving a clause alone to multi-state societies. The latter (Multi-State societies) cannot have an independent life, and if the part concerns to be infringing the states, the entire part has be to declared 'unconstitutional'".
Since the 2:1 Judgement was passed, as of now what Justice Rohinton and Justice Gavai told was penned.
III). CONCLUSION:
As of now, depending on the Judicial point of view, atleast they have recognised that this Amendment of 2011 is partially unconstitutional. Which means it can be applied and been conventionally applied to 'Multi-State societies' till now, that is to be continued. But, when a separate 'Ministry of Co-operation' been established, it raises doubts about efforts to infringe on state's individual society also. If the current regime of NDA, sticks to the originally designed reform measure as intended by the UPA in 2011, then it is acceptable, because it would just be a reform on administration, rather if NDA comes up with it's usual vested motives implanted within, then it must be opposed strongly. Even if they try to take control or make to fall align, they can do only these;
i). Multi State Co-Operative societies can be made to follow the union's framework
ii). State's Co-Operative societies cannot be touched or made to fall into Union's framework, even if they do so, they need 2/3rd majority in parliament along with 50% ratification of State legislatures, which is not at all possible.
Monday, 15 February 2021
"Of Course! English language is good.."
1. English is Flexible. Only language to have less rules & more exceptions is English. We must be somewhat flexible to adapt to new changes & update at the same time hold on to certain high values deemed to be cherished.
2. Read, Listen, Speak & Write(RLSW) English atleast for some minutes daily compulsory
3. "Attitude matters":
Right or Wrong, Speak boldly. There is no levels in speaking of English, because it entirely matter of confidence. Start to speak confidently even if it is wrong & you will surely end up being confident, speaking right also. It shows that, being confident in what we do will improve us gradually.
4. "Use it or Lose it":
Learn a new word each week. Use that word within that week in any form daily to get used to its meaning. This is the best way to learn vocabulary well and use it strongly in speaking regularly. This shows that we must make use of whatever we have to improve it.
5. "Don't fear of making mistakes":
While speaking, move on even if you make a small mistake. Because people will understand the bigger picture(meaning) of what it is. It's also similar to character of the English. You make a mistake, the best thing is to keep moving on not to make it next time, rather than stopping and worrying about the mistake we did.
6. "Speaking English is Teaching English":
Speaking English means we are teaching English to someone who listens to us. Yes, we can learn English 'quickly' through Listening & 'strongly' through Reading.
7. " Speak for yourself":
The best way to learn is combine speaking & listening together.
Speak a passage loudly, so that you can hear yourself. Practise, and this would improve both speaking & listening skills.
Another example of combination of listening & writing is taking notes while lecture.
Another example of combination of reading, speaking and listening is while reading a passage loudly.








