In the administrative hierarchy of our country, the district occupies a place of cardinal importance. It has rightly been described as the basic unit of administration in India.

It is the place where the ordinary person comes into direct contact with the administration and where the difference between good and lousy administration is consequently made and felt.

The district administration has come to evolve itself over the years. It is a very comprehensive and complete segment of the national administration. The district administration is that portion of public administration that functions within the territorial limits of a district.

SS Khera defines it as:

that total and complex organisation of the management republic affairs (which is) at work, in the territory of the geographically demarcated district.

Analysing the various components of the district administration, Mendell says that district administration contains:

1. Agencies of all important departments of the state government;
2. Institutions of local government, urban as well as rural;
3. Certain advisory bodies associated with the administration and such individuals who serve in the capacity of assessors and jurors in the trial of cases;
4. Such advisory committees to help the administration in various matters. For example, an advisory committee for the selection of honorary magistrates and an advisory committee for the issue of transport licenses.

In this article, we examine the role and functions of the Deputy Commissioner or District Collector in detail.

The Deputy Commissioner (District Chief)

The district administration is headed by an official designated differently in different states.

In Punjab, Haryana, Orissa, etc., he is called the Deputy Commissioner, whereas in UP, Maharashtra, etc., he goes by the name of the District Collector.

He belongs to the Indian Administrative Service and is recruited and appointed by the President of India. However, his services are placed at the disposal of the state government.

Fresh extract to this service is given a comparatively junior administrative post either at the state secretariat or in the district. Only after putting in a few years of service he is entrusted with the post of District Chief. After being elevated to the Indian Administrative Service, top members of the state civil service are occasionally assigned to the position of District Chief.

The Deputy Commissioner is one of the highest-ranking officers in the state’s administration. His position is illustrated in the following table:

As head of the district administration, the most important works are under him. His relationship with all of them is not uniform. Officers who are solely under his command, such as the Sub-Divisional Officer, Tehsildars, and so on.

Officers who are only accountable to him in terms of administrative behaviour are accountable to their state-level departmental chiefs for all technical matters.

This category includes such officers as the district Chief Medical Officer, District Education Officer, etc.

Functions and Role of District Commissioner

Being the pivot of district administration, the Deputy Commissioner performs various functions in different capacities. Here is more about his role as a Collector, DM, District Officer, and government representative.

As Collector

The most important role of the Deputy Commissioner is that of a Collector. When we look back at the origins of his position, we can see that the British government’s major goal in creating it was to ensure the efficient collection of land tax.

That is precisely the reason why this official bears the designation of District Collector in some states. He continues to perform this role even today. As a Collector, it is his responsibility to collect land revenues and all other taxes and fees that the State Government levies.

He is also supposed to prepare and maintain the land record of the whole district, indicating the latest position regarding the ownership of the lands and the position of the crops. This task though simple, is, in fact, very exhaustive and detailed.

It involves the preparation of a detailed map of every village, registration of all deeds of sale, mortgage and transfer of property, entry of mutations, consolidation of all entries after every four years, assessment of the land revenue and the collection thereof, settlement of land disputes, and so forth.

In this task, the Deputy Commissioner is assisted by the Tehsildar, Naib Tehsildar, Patwaris, Lambardars, and Chowkidar.

Another face of his duties as a Collector is managing government properties and organising and distributing relief in times of calamities such as floods, famine, drought, earthquakes, etc.

He also sanctions agricultural and other loans and can exempt people from paying the revenue.

The Deputy Commissioner is also responsible for proper accounting of all money received and disbursed with the district.

He regulates the sale of narcotic drugs through licenses.

In this way, we find that the duties of the Deputy Commissioner as a Collector vary.

As District Magistrate

The second important role that the Deputy Commissioner performs is that of a District Magistrate. As such, he has been charged with the responsibility of maintaining law and order in the district. He performs this duty with the help of the police.

Whenever he apprehends some danger to peace, he takes several precautionary steps, such as the promulgation of section 144 of the Criminal Procedure Code, under which all processions and meetings are banned. He can also detain such persons likely to cause a breach of law and order.

If a riot breaks out, he can impose a curfew or order Lathicharge or fire.

He is also authorised to ban the publication of any such material, either in the forms of books, handbills, or newspapers, if they are likely to excite the people and instigate unrest.

In this way, he can take several drastic steps to overcome the situation.

He is also authorised to call the military and entrust the disturbed area to their care.

As a District Magistrate, he also possesses the power of an Executive Magistrate, and thus he tries certain types of cases.

He also supervises the work of the subordinate Executive Magistrate.

Until recently, when the judiciary had not been separated from the executive, he also used not only to supervise the conduct of all those who tried (handled) civil and criminal cases but also tried criminal cases himself. He thus acted both as a prosecutor and a judge. This deal role had turned him into an officer, doing justice at every step. It has become a point of great controversy. Now, when the judiciary has been separated from the executive, he has been deprived of all his judicial authority. Today, he handles only the non-judicial work, as explained above.

As District Officer

In his capacity as a District Officer, he performs several duties of a miscellaneous nature. These may be summed up as under.

He supervises the work of all the local bodies in the municipality town, notified area committees and Panchayati Raj institutions. All these bodies are supposed to submit copies of the resolution that they pass from time to time for his perusal. He can suspend any one of them if he deems fit and can also be recommended to the government for its annulment. He can also suspend members from their membership and can also recommend the Government to supervise any institution. He also holds elections for them and conducts their periodical inspection.

The District Officer also supervises the working of all the departments located within the district. Though these departments do not fall in the administrative purview of the Deputy Commissioner, he is supposed to exercise general supervision over all of them in the interest of the well-being and efficiency of the whole administration. The heads of these departments are supposed to keep the Deputy Commissioner fully informed about the development in their respective departments.

He acts as the development chief of the district. Within the institution of the community development program in the country, the overall responsibility for the development of the district has been assigned to him. He is assisted by the district, development officer, and block development officer. He inspects the projects under execution and keenly watches their day-to-day progress.

The District Officer also looks after the allotment and distribution of essential commodities. This day-to-day aspect has become quite an important one because of the chronic shortage of goods. He issues licenses and allots quotas and depots for the sale and distribution of these commodities and conducts surprise raids, thereby ensuring a fair distribution to all sections of the population.

As District Officer, he serves as chief officer, arranging for the VIPs to be received. He also makes certain that they are safe.

He conducts various elections himself and acts as the Chief Returning Officer (the polling, counting, and decision-making authority of the returning officer is statutory, and the Election Commission has no jurisdiction to override him/her). As District Officer, he has been charged with the responsibility of holding census operations.

Finally, the District Officer acts as a channel of communication between the government and the people, listening to their grievances and communicating their views of the government. This is no longer as important as it once used to be. Several new channels have also come into existence. Important among them are MLAs, MPs, Panchayat Raj, institutions, etc. Even then, the government relies on him to a considerable extent.

As a Representative of the Government

The Deputy Commissioner finds a place in the district as the man of government. The Deputy Commissioner informs the state government about all the happenings in the district. He also puts forth the problems of the district before the government. It is often said that he is a man with many blasters, with equal impartiality and courtesy. As an agent of the government, he performs the following duties:

Role in Planning:

Although plan-making is the responsibility of state and national governments in India, numerous district-level units participate in the design and execution of plans. Moreover, to strengthen grassroots democracy, planning at the district level is required. Setting up the agricultural planning cells at the regional levels is a step in this direction. The Punjab government has also taken a step in this direction by setting up a District Planning Committee under the chairmanship of the Deputy Commissioner. He collects data related to the development of agriculture through other officials situated at the district, block, and village levels.

Coordinator:

As an agent of the state government, the Deputy Commissioner maintains liaisons (communication and coordination) with other departments. Anything that is out of the jurisdiction of any specific officer (Sub-Division officer, Tehsildar, Naib Tehsildar, Qanungo, Patwari) comes under his jurisdiction. He brings coordination in the following manner:

• By presiding over the meetings
• By writing confidential reports
• By assisting other officers, etc.

Execution of General Policies:

It is the first and foremost duty of the Deputy Commissioner to execute the general policy of the government. He creates the required enthusiasm amongst the public to respond to government policies.

Appointments:

In the capacity of a government agent, the Deputy Commissioner makes appointments. He transfers the field and other district-level officers.

Conclusion

Operating over a long period, the district as the basic unit of administration has proved a successful arrangement for various agencies at the national and state levels, and the policies of different sectors converge at the district level.

The Deputy Commissioner is the head of district administration and plays a crucial role in various areas of local administration. His role used to be equated with that of a king during the British period.

Since independence, however, his responsibilities have increasingly shrunk to include revenue land administration, law and order ceremonial obligations, and a few routine administrative functions.

However, this does not mean that his role is not significant. The overall local governance and local development still depend upon his vision and administrative skills.

Read Next:
1. Union Public Service Commission – Composition and Functions
2. Functions and Roles of Comptroller and Auditor General of India

What Is the Role of District Commissioner (Explained)
Dinesh Verma

The Union Public Service Commission of India is a constitutional body. The Constitution of India provides for the establishment of UPSC under Part XIV, from Articles 315 to 323. The working of commission is regarding appointment, recruitment, removal, and others.

Composition of UPSC

The Constitution does not specifically provide or mention the strength of the Union Public Service Commission. But generally, it consists of nine to eleven members.

Composition of UPSC members are:-

1. A chairman who is appointed by the President of India. He holds office for a tenure of six years until he attains the age of 65 years, whichever is earlier would be considered.

2. The President of India also appoints other members of the commission. But half of the members of the commission must be those who have been a central government or state government servant or employee for at least ten years.

3. There is no specific qualification prescribed in the Constitution of India for constituting the Union Public Service Commission.

4. If the present chairman of the commission is unable to perform his functions or the office of the chairman is vacant, then the President may appoint any member of the commission as acting chairman of the commission.

Removal of Members of UPSC

The President has powers to remove any member or chairman of the commission on the following grounds:-

1. If the member of the commission has become insolvent or bankrupt.

2. If any member of the commission is engaged in paid employment other than his office.

3. If the President feels that the member is unfit to continue his office due to the reason of infirmity of mind or body.

4. The President may also remove any member of the commission, including the chairman, on the grounds of misbehaviour.

Note: But in case of misbehaviour the President has to consult the matter with the Supreme Court for its advice and opinion. Any advice rendered by the Supreme Court shall be binding on the President. And the President is bound to consider the advice.

5. The chairman of the commission enjoys special privileges that he can be removed only by the President in the manner prescribed in the Constitution and not otherwise.

Independence of UPSC

The members of the Union Public Service Commission enjoy security of tenure. They can not be removed from the office on any other ground than specified in the Constitution. The salaries and allowances of the members are charged on the consolidated fund of India.

The chairman of commission after removal or retirement is not eligible for any other government job. Whereas other members of the commission are also not eligible to hold any central or state government office but can become chairman of the Union Public Service Commission or State Public Service Commission.

Functions of UPSC

The Union Public Service Commission performs various functions like:-

1. The commission conducts examinations for all India services, central services, and public services like IAS, IPS, IES, IRS, IFS, and many others.

2. The commission also assists states for joint appointments of any services.

3. It is the commission’s duty to make rules and regulations to be followed in the process of appointments, removals, promotions, and so on.

4. The commission looks after all the disciplinary matters of central government servants

5. The commission has to give an annual report to the President of India on their working.

Role of UPSC

The role and functioning of the Union Public Service Commission are like that of a watch-dog of the merit system in India. It recruits and appoints all groups A, B, C, and D of all India services. It is also known as the central recruiting agency because its appointment is related to central governance.

In the present time, with the rising competition in India, the working of the Union Public Service Commission has become quite challenging. It is an arduous task to filter merit for the smooth governance of the country, but the commission regularly picks a right hand for it.

Read Next: What Is the Role of District Commissioner

Union Public Service Commission – Composition and Functions
WritingLaw

In the year 2014, the government replaced the Planning Commission with a body called Niti Aayog. NITI stands for ‘National Institution for Transforming India.’

What is Niti Aayog?
Niti Ayog is a “policy formulating body” for transforming India. It advises both the centre and states on social and economic issues. It aims to achieve, maintain and promote sustainable development goals.

Niti Aayog is neither a constitutional body nor a statutory body but the outcome of an executive resolution. It was not created by the act of parliament.

The government was of the view that with the changing norms and structure of the Indian economy, it is necessary to take a step forward and modalise the organisations for better working in this competitive era. It will be a Bhartiya approach to development.

Composition of Niti Aayog

Niti Aayog comprises of:

1. The Prime Minister of India. He/she is the chairperson/chairman of the Niti Aayog.
2. It includes the chief ministers of all the states and Union territories.
3. The set up of regional councils have been done for looking after contingencies in regional areas. It is convened and chaired by the Prime Minister of India and includes concerned chief ministers and Lt. Governors.
4. The Prime Minister nominates personalities with skilled knowledge, who are experts in particular domains as special invitees.
5. The Prime Minister also appoints one Vice-Chairperson, who holds the rank of a cabinet minister. The present Niti Aayog Vice Chairman in 2020 is Dr Rajiv Kumar, who is an economist.
6. There are full-time members who hold the rank of ministers.
7. There is a maximum of two part-time members who are invited from leading organisations, universities, and research centres.
8. The Prime Minister also appoints one Chief Executive Officer (CEO) who holds the rank of a Secretary. CEO of Niti Aayog in 2020 is Mr Amitabh Kant, who is a member of the Indian Administrative Service (IAS).

Aims, Agenda, and Objectives of Niti Aayog

The purpose with which Niti Aayog was formed in place of the Planning Commission was a far-sighted vision. It was important to boost the development of India in the emerging global scenario. The objectives are:

1. To generate a platform for national development, sectors and strategies with the collaboration of states and centre.
2. To boost the factor of cooperative federalism between the centre and the states. For national development, it is necessary for both the wings to work in synergy.
3. To develop such mechanisms which work at the ground root level for progressive growth. A nation develops when its regions and states develop.
4. To work on long term policies and strategies for long-term development. To set up a system for monitoring progress so that it can be used for analysing and improving methods.
5. To provide a platform for resolving inter-departmental issues amicably.
6. To make it a platform where the programmes, strategies, and schemes can be monitored on a day to day basis, and it could be understood that which sector needs more resources to develop.
7. To upgrade technological advancements in such a manner that focus can be made on initiatives and programmes.
8. To ensure India’s level and ranking at the worldwide level and to make India an actively participating nation.
9. To progress from food security towards nutrition and standardised meals and focus on agricultural production.
10. To make use of more technology to avoid misadventures and corruption in governance. To make the working system more transparent and accountable. A step towards digitalisation.

Niti Aayog – Seven Pillars of Effective Governance

Niti Aayog works on principles like Antyodaya (upliftment of poor), inclusion (to include all sections under one head), people participation, and so on.

Niti Aayog is a body that follows seven pillars of governance. They are:

1. To look after pro-people agenda so that the aspirations and desires of no one are compromised.
2. To respond and work on the needs of citizens.
3. Make citizens of the nation involve and participate in various streams.
4. To empower women in all fields, be it social, technical, economic, or other.
5. To include all sects and classes under one head. To give special attention to marginalised and minority groups.
6. To provide equal opportunity for the young generation.
7. To make the working of government more accountable and transparent. It will ensure less chance of corruption and malpractices.

Niti Aayog – Composition, Agenda, Aims, Objectives
WritingLaw

In 1954, by the presidential order of Dr. Rajendra Prasad, Article 35A was included in the Constitution. Article 35A was not mentioned in the Constitution of India but provided in the Constitution of Jammu and Kashmir.

What is Article 35A

Article 35A says that all laws which apply to India will not be applicable to Jammu and Kashmir, and the President with the consultation of the State assembly will decide which laws will be applicable to Jammu and Kashmir. Further, Article 35A declares that which people are declared or decided to be permanent residents of Jammu and Kashmir.

Permanent resident of Jammu and Kashmir enjoys special powers and privileges, and the people who are not permanent resident are restricted with certain limitation – Like the right to vote which is basic right is only given to permanent residents of Jammu and Kashmir.

Who is a Permanent Resident of Jammu and Kashmir under Article 35A?

To be a permanent resident of Jammu and Kashmir, a person has to be:
1. A person who was a state subject on May 14, 1954, or
2. Who has been a resident of the state for 10 years, or
3. Who has lawfully acquired immovable property in the state.

Article 35A Creates Discrimination Against Women

Article 35A creates significant discrimination to women. If a Kashmiri woman marries a non-Kashmiri man then she loses all her property rights.

A woman resident of Jammu and Kashmir, Parabhjit Kour Modi, has been continuously living and working in the state after her marriage, along with her non-Jammu and Kashmir resident husband, and two children. She had appealed in the High court of Jammu and Kashmir against the provision of Article 35A violating the principles of gender equality by discriminating against women residents of the state who marry a person from another state. Her children are not entitled to the Permanent Resident Certificate (PRC) or the benefits of the state subject in Jammu and Kashmir like the right to acquire immovable property, getting admissions to professional colleges, and employment under government jobs.

In 2002, the women of the state won the right to retain their permanent resident status after marriage. But the discrimination continues with their children as they are still not eligible for the PRC. They even cannot inherit their mother’s property!

Article 35A: A Symbol of Kashmiri Separatism

Article 35A proved to be the symbol of Kashmiri Separatism that discriminated against the rest of the people living in India from those belonging to Kashmir. It limits the rights and liberties of other Indian citizens in J&K.

Years back, the introduction of Article 35A itself was an attack on the secular and democratic fabric of India. Non-permanent residents of Jammu and Kashmir cannot buy immovable property in Jammu and Kashmir. They are not eligible for employment in the state government jobs of Jammu and Kashmir. Non-permanent residents cannot contest or vote in local bodies or Legislative Assembly elections. Those who have no state subject cannot avail of scholarships and other grants offered by the state government to its permanent residents. They cannot pursue any appeal for compensation of their rights in any court, local or national!

5th August 2019: Article 35A Scrapped

On the 5th of Aug 2019, the President of India promulgated the Constitution (Application to Jammu and Kashmir) Order, 2019. The order effectively abrogates (repeals) the special status accorded to J&K under the provision of Article 370, where the provisions of the Constitution, which were applicable to other states, did not apply to J&K.

According to the Order, provisions of the Indian Constitution are now applicable in Jammu and Kashmir, which is no longer a state but a Union Territory.

Conclusion

Right to Equality and Liberty which is the core of democracy in the Indian Constitution was being hurt under the provisions of Article 35A. The provisions of Article 35A violated the principles of gender equality by discriminating against women and their children. Article 35A discouraged the corporate sector from investing in the state due to the provisions preventing them from buying immovable property. Overall, it was discriminatory against everyone who was a part of the rest of India! It has now gone away for good…

What’s your take on this?

Read Next: 10 Reasons Why Indian Central Government is Powerful than State Governments

This is a guest post that has been written by the below-mentioned author. Opinions expressed are theirs.

Inspiration: The Hindu

Article 35A of the Indian Constitution
Guest Author

National Girl Child Day

National girl child day is observed on 24th January every year, which tends to promote the rights of every girl child.

It is also to spread awareness among people about the importance of girl child and declining child sex ratio. The event is celebrated differently in every part of the country.

This happens under the “Beti Bachao-Beti Padhao” scheme launched by current Prime Minister Shri Narendra Modi. National Girl Child Day also marks the anniversary of Beti Bachao Beti Padhao scheme.

In the year 2021, the Punjab government has declared the month of January to be the month of girl child. They have also launched a scheme named “Dheeiyan di Lohri“.

In the year 2020, it was celebrated in Madhya Pradesh, and the theme was “Aware girl child-able Madhya Pradesh,” which in Hindi translates to “Jagruk Balika-Samarth Madhya Pradesh.”

The theme for the year 2019 was “Empowering Girls for a Brighter Tomorrow.”

National Girl Child Week

National Girl Child Day is to create awareness, examine the health of the girls, select gender champions at the local level, and more. Similarly, the Women and Child Development Department will also celebrate National Girl Child Week from January 24 to 30. The motive for this is also similar.

Initiative Taken by the Current Government

The initiative taken by the current government to spread awareness among people about girl child is appreciable.

We all are witness to this fact that in many families, the girl child has been considered as an unwanted entity.

For ages, she has been considered as a burden on family and of little to no importance (compared to sons). From the cradle to the grave, she is considered as a liability upon her father and later on her husband. It seems as if she was only meant to live behind walls, reproduce, and do household chores.

Provisions in the Constitution for Equality

Though the Constitution of India (Article 14: Equality before law. & Article 16: Equality of opportunity in matters of public employment.) provides equal rights and opportunities to men and women so that the status of women can be improved, but a majority of women are still unable to enjoy the rights guaranteed to them.

The preference for son and disfavour for a girl child is a complex phenomenon that persists in some parts of India. The orthodox belief is doing nothing but decreasing our nation’s growth at a higher level as approximately 48.18% of the total population comprises of women.

If we won’t educate women, then half of our population would remain illiterate, which will directly impact the county’s growth.

As of now, the trend is changing against the traditional mindset. Now women are an important part of the socio progressive nation. Now people have started realising that girls deserve an equal chance and should be educated to make a better family and a civilised nation.

Examples of Some Amazing Indian Women

There are many examples which prove that a woman is as strong and can contribute to the nation as men can-

• Cornelia Sorabji (First female lawyer),
• Indira Gandhi (Iron lady of India),
• Lata Mangeshkar (Nightingale of India)
• Ritu Karidhal (Forbes India self-made women 2020) (Deputy operations director of Mars Orbiter Mission)
• Mithali Raj (First woman to score a double hundred in test cricket in the year 2004.)
• Pratibha Patil (First woman president of India (2007-2012))
• Justice M. Fathima Beevi (First female judge to be appointed in Supreme Court of India in 1989), and many more.

In our current government, women are/were at the apex positions, like being the head of defence, being the speaker of parliament, managing foreign affairs, managing finance ministry, and what not!

Various Policies of Current Government for Girl Child

The theme “empowering girls for better tomorrow” is very apt for today’s time. The government, through its various policies like Sukanya Samridhi Yojana, Ladali Yojana, Beti Bachao Beti Padhao, and many more scholarship schemes, has tried to uplift the status of the girl child, and to a good extent, it has been beneficial.

One Great News Related to Girl Child

Sex Ration has greatly increased in Haryana in the last 5 years.
In 2012, there were just 832 females per 1000 males in Haryana.
In 2015, it was 876 females per 1000 males.
In 2016, this number rose to 900 females per 1000 males.
In 2017, this number bettered to 914 females per 1000 males.

We need this continued awareness, and someday it will near 1000 females per 1000 males! Let us work and be optimistic…

It is the duty of every citizen to empower girls and promote gender equality!

Concluding with few lines for all the girls-

It’s the time to rise high and high,
Be the opportunist in the sky.
Spread your arms and welcome all those,
Who wishes to reach and touch the sky…
No one is weaker in this world,
Enthusiasm is the unbreakable sword.
Be the one to be an example for everyone,
Ignite those souls who are living futile.
We are the crushers, we are the makers,
The voice inside us is the true soul mater (mother)…
Never un-hear your own voice,
That’s the only thing that never lies.
Never doubt your capability and never cry,
O dear little girl, just fly high and high…

Update: The initial paragraphs have been edited on 24th January 2021. Rest of the content is from 2020.

Empowering Girls for a Brighter Tomorrow
Arushi

Official Govt of India, President’s Notification about Jammu and Kashmir on 5th August 2019

Here is the official PDF issued by the Ministry of Law and Justice. This PDF related to Jammu and Kashmir only has 2 pages – One in Hindi and One in English.

Please go though it. This is a very hot topic trending worldwide. Please also open online news websites or apps or television and see news about this topic.

President’s Notification about Jammu and Kashmir on 5th August 2019 PDF

Update (31-10-2019): Here is the full Jammu and Kashmir Reorganization Act, 2019.

Read Article 370 of Indian Constitution

Read Article 35A of Indian Constitution

Read Indian Constitution in a systematic way

Govt of India, President’s Notification about Jammu and Kashmir on 5th August 2019
WritingLaw

The Constitution of India was amended (revised, altered, changed) for the 103rd time since its creation in 1950. The 103rd amendment gives 10% reservation in government jobs and education to the poor among the general category.

MINISTRY OF LAW AND JUSTICE
(Legislative Department)
New Delhi, the 12th January, 2019/Pausha 22, 1940 (Saka)

The following Act of Parliament received the assent of the President on the 12th January, 2019, and is hereby published for general information-

THE CONSTITUTION (ONE HUNDRED AND THIRD AMENDMENT) ACT, 2019
[12th January, 2019]

An Act further to amend the Constitution of India.
BE it enacted by Parliament in the Sixty-ninth Year of the Republic of India as follows-

1. Short title and commencement.

(1) This Act may be called the Constitution (One Hundred and Third Amendment) Act, 2019.

(2) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint.

2. Amendment of Article 15.

In Article 15 of the Constitution, after clause (5), the following clause shall be inserted, namely-

‘(6) Nothing in this Article or sub-clause (g) of clause (1) of Article 19 or clause (2) of Article 29 shall prevent the State from making,-

(a) any special provision for the advancement of any economically weaker sections of citizens other than the classes mentioned in clauses (4) and (5); and

(b) any special provision for the advancement of any economically weaker sections of citizens other than the classes mentioned in clauses (4) and (5) in so far as such special provisions relate to their admission to educational institutions including private educational institutions, whether aided or unaided by the State, other than the minority educational institutions referred to in clause (1) of Article 30, which in the case of reservation would be in addition to the existing reservations and subject to a maximum of ten percent of the total seats in each category.

Explanation-
For the purposes of this Article and Article 16, “economically weaker sections” shall be such as may be notified by the State from time to time on the basis of family income and other indicators of economic disadvantage.’

3. Amendment of Article 16.

In Article 16 of the Constitution, after clause (5), the following clause shall be inserted, namely-

“(6) Nothing in this Article shall prevent the State from making any provision for the reservation of appointments or posts in favour of any economically weaker sections of citizens other than the classes mentioned in clause (4), in addition to the existing reservation and subject to a maximum of ten per cent of the posts in each category.”.

DR. G. NARAYANA RAJU,
Secretary to the Govt. of India.

Download Government of India PDF for 103rd Amendment Act. (24KB)

PART III (Article 12 to Article 35) of the Constitution – FUNDAMENTAL RIGHTS

Article 15– Prohibition of discrimination on grounds of religion, race, caste, sex or place of birth.
Article 16- Equality of opportunity in matters of public employment.
Article 19- Protection of certain rights regarding freedom of speech, etc.
Article 29- Protection of interests of minorities.
Article 30- Right of minorities to establish and administer educational institutions.

Here is a tweet from BJP on 27th January 2019 related to this amendment.

Related: Supreme Court Judgement Related to EWS Reservations

10% Reservation in General Quota
WritingLaw

WHAT IS TRIPLE TALAQ?

Very simply put, Triple Talaq is (now was) a form of instant divorce by Muslims (especially in India) (none of the Muslim majority countries practised this). Using Triple Talaq Muslim men can divorce their wife just by saying the word ‘talaq‘, three times either orally, in written form or in present times even by electronic means like WhatsApp or email.
The word ‘talaq‘ means ‘divorce’
So if a Muslim man says ‘talaq talaq talaq’ then it means he has divorced this wife

SUPREME COURT ON TRIPLE TALAQ

The Supreme Court by 3:2 majority had in a verdict in August last year declared Triple Talaq illegal and unconstitutional. The bill to criminalise “talaq-e-biddat” was passed by the Lok Sabha in winter session but could not be passed by the Rajya Sabha with the opposition parties having reservation over criminal provisions in the draft law.

GOVERNMENT ON TRIPLE TALAQ

The government in August approved three amendments to the ‘Muslim Women (Protection of Rights on Divorce) Act, 1986‘. According to the new amendments, the proposed law will remain “Non-bailable“, and the accused can approach a magistrate even before trial to seek bail. Under a Non-bailable law, bail cannot be granted by police at the police station itself. For that the accused needs to approach a Magistrate.

Another amendment makes it clear that the police would lodge FIR only if approached by the victim (wife), her blood relations or people who become her relatives by virtue of her marriage.

The third amendment makes the offence of instant triple talaq “compoundable“, where a magistrate can use his powers to settle the dispute between a husband and wife.

On Wednesday, 19th September 2018 union cabinet has passed as ordinance to criminalise Triple Talaq. As soon as the President would give his assent upon the ordinance it will become law.
Though Supreme Court last year held it unconstitutional and annulled Triple Talaq but the practice continued incessant. But today by the way of ordinance such derogatory practice has been criminalised and has marked dignity of women as an essential one.

By passing such ordinance the Government has upheld the principle that life commands self respect and dignity.

No more Divorces via Email or WhatsApp!
Arushi

Sedition in relation to Government and State

Sedition is an offence defined in Section 124 A of the IPC. As per this definition anyone who brings or attempts to bring into hatred or contempt or excites or attempts to excite disaffection towards the Government by words spoken or written or by signs or by visible representation or otherwise is guilty of the offence of sedition.

The words of the definition clearly denotes disaffection against government and not nation. Government and state are two different aspects. We can say that government is the face of the state. State is a sovereign authority while Government uses the sovereign authority of the state as an element. State is a larger entity as it includes all individuals, associations and institutions that exist within its territorial boundaries. Government is a smaller entity. It comprises of the people only involved in the legislative, executive and the judicial machinery of the state.

During the colonial period sedition was considered a black law and was used extensively against the leaders of the freedom movement. But the constitution bench of Supreme court painted it white and presented it before the free Indians as a necessary law in the interest of the survival of republic.

According to the Supreme Court verdict in the famous Kedarnath case, sedition can’t be used in case of speeches expressing disagreement or opinions against the government unless it excites terror and violent attacks. This statement says that every citizen has the right to express their opinions (even if it is ‘anti-national’) without any fear unless it excites violence.

On the other note Article 19(2) of the Indian Constitution permits reasonable restrictions on the freedom of speech. If the law imposing reasonable restriction is made in the interest of public order, it is constitutionally valid. This is the ground on which Kedarnath Singh judgement upheld the constitutional validity of sedition.

So impliedly disagreement with the govt is not sedition unless it implicates terror for the state. But freedom of speech can’t be absolute. It isn’t absolute even in the United States, where the First Amendment doesn’t specifically enumerate restrictions as our Constitution does.

Restrictions ought to be imposed on speech when it crosses the boundary of advocacy and becomes incitement. If all the rights are going to be absolute in nature then condition would be
“Once you become fearless, life becomes limitless“.

The definition is so exhaustive that it does not leave out of its purview any possible mode of self expression, simply by using the words “or otherwise”.

So what can be changed is the expression of section 124A so that it upholds the freedom of speech and expression as an important tool for democracy in one hand and be stringent for the one who attacks on the integrity of state. In this way, positive criticism would be acknowledged by the government and sterner upon the one who is traitor to his own state.

Sedition in India
Arushi