Friday, July 17, 2015

Fundamental rights ensure civic rights of citizens. Political rights are ensured by art 335, 326. Which are about universal adult franchise.. Economic rights are ensured by DPSP through equal wages and other provisions.

My question is will we not consider fundamental rights like no discrimination in employment opportunities as an assurance towards economic rights?

Fundamental right to employment - means - everybody has a right to get job for livelihood
While economic rights means everybody has a right to be paid for the amount of work one does
Economic equality can mean that people doing similar job should be paid similar wages and emoluments.

If a woman is paid less wages than man for a same job, what is affected?
Equality

If a person does a job and does not get payment at all, then?
Then his or her economic rights have been violated

Sir can we say in this case economic rights as well equality is affected?
Only when someone doing the same job got paid else only the employee's economic rights are affected.
One has been expelled from the office before the salary day, if the expelled person does not get the salary for the days he or she worked. What is it?
Rights are being violated. 

Then what will be the fundamental right of employment?
Sir First is employment and second is to get paid.
No even if there is no payment theoretically if one is offered a job the fundamental right to employment is satisfied.

Does our country have fundamental right to employment?
No Sir

Does our country give economic rights?
No sir
Why not? We have wages act

Does our country guarantee economic equality?
Sir we seek to achieve through DPSP.

Why the term Lt. Governor, Administrator & Governor are used in case of U.T. What are the differences?

These nomenclatures are to an extent historical. There is no much reason on why one UT has Lt. Governor and other has administrator and why some place the governor is called the administrator.

Tuesday, July 14, 2015

NJAC

Sir, Is the proposed NJAC inclined more towards executive or judiciary?
We are hearing different versions
perceived to be towards executive & that is y Judiciary is kind of anti to it. Judiciary was happy with collegium system as they had d major role in selecting d judges
When the parliament has impeachment option
Why are they interested in NJAC again?
see impeachment option comes when u want remove someone...but what about appointing someone ?
But as mentioned,Collegium is secretive and non-transparent
Where as SC has been advocating transparency in all
Is it not applicable to it'being fair?
no no.... we are not supporting collegium; just giving d opinion to ur query "NJAC inclined towards"
infact govt said collegium system will not be brought back even if NJAC Act is struck down, which was not taken lightly by SC
Sir,which should be a right approach in your view?
if u look at d NJAC & compare it with collegium system, of course NJAC would be better.
Sir,How do other democracies appoint their judges?
US - President have the constitutional power to nominate justices....Under the Constitution, the Senate has the authority to consent to or reject appointees
UK - Justices are appointed by the Queen on the advice of the Prime Minister, who receives recommendations from a selection commission

NJAC is some what similar to this one

Sholas - Tropical Montane or Temperate?

Keerthi: They are tropical forests. Trees have characteristics of temperate type
Hmmm....as far as I remember (a) stands correct; Keerti has given some clarification; but will check with mentors who had geography optional.
Sir, what I have read is, they leave in tropical area, on mountain at height of 1000 meter around making it tropical montane forests of South India. However as Keerthi has said and as it happens in case of altitude, Vegetation involved is mainly temperate in nature.
NCERT also says something like what Keerthi said. But I couldn't somehow digest it. Why call something tropics if they have temperate characteristics! :D
Classification is done on temperature, some do on rainfall, and then others do on type of vegetation. So what we have is a complex mixture of type.  :D

Agreed...

Judicial Activism

The court monitors the development in a case during the trial period and issues necessary directions. - Is it judicial activism or not?
Yes... it is. Actually it is not defined anywhere.
These days activism has evolved to a level of general supervisory jurisdiction to correct actions and policies of government, public bodies and authorities
Actually sir, I was confused because of the writ of Mandamus. I thought it already covers higher judiciary overseeing lower courts. And activism I thought was to do with executives.
There was an article in Hindu during my prep days - "Disturbing trends in judicial activism". Have a look at it.

http://www.thehindu.com/opinion/lead/disturbing-trends-in-judicial-activism/article3731471.ece

Inflation Targeting - Benefits

Sir I am not convinced with why second point is right. I feel it’s heavily subjective and a type of country should be mentioned. For example OPEC is finding it tough with cheaper export. So is RUSSIA. On side of India, Net trade deficit has reduced with Export and import both falling

Ha ha ha...u r right, but point 3 talks of India. Agreed it should have been mentioned in the main statement itself 👍

SC power on CBI vs. SIT

Sir Namaste! :) My doubt: Whether the SC has rights to pass on any investigation to CBI after a SIT has been composed for the same investigation? If yes, any other examples of such early cases and which other institution has such a right?
Judiciary interprets and intervenes for justice. If it feels that a certain violation is taking place, or an act is not being committed, it interferes. The powers of Writ vests the judiciary with these authorities
Yes sir... So it has the right to entrust any case to CBI?

Not only CBI, under the writ of mandamus, it can command the authorities to execute an action in the interest of justice