Plan and Non-plan expenditure

Why can't we put welfare schemes under plan expenditure? In the wake of governments recent cut in the non-plan expenditure part of budget (Exceeds 70% of total expenditure).

Plan: where the govt starts/initiates a new plan and allocates funds for that. Eg Funds for construction of new road, or new railway line.

Plan expenditure is a one time expenditure

Non-plan: the routine expenditure of the govt. Example: salary, the maintenance of such road, or railway lines the next year onwards will be included in non-plan.

Non-plan as you can see, is regular yearly expenditure.

Needless to say, the non-plan has to be high, as the expenditure is majorly in salary, provisions etc. the non-plan is ideally met by the revenues, that is the regular income that comes from tax, thus both equal each other.

Then where will the money come for plan expenditire?

For that the govt borrows money.

Borrowing has a cost. govt has to pay interest on that.

The logic is that, though govt pays interest, the money spent on such new road and rails is expected to increase the total productivity, and thus increase the GDP, and this increase the total revenue (tax) to the govt!

Every year govt pays interest for all the loans it has borrowed. So, the interest expenditure will be plan or non-plan? – Non plan

So, the interest becomes a part of non-plan expenditure of the govt!! Recently there are discussions to join both plan and non-plan as both are anyway expenditures.

Plan expd came because the govt wanted to be a 'welfare state' and provide new things! Else, road, rail etc can be constructed by the private companies!!

What is the duty of the govt?

To maintain army, police, run school, hospitals etc. All these run on non-plan, regular routine expd.

Compare this:

Buying a car is a plan expenditure. buying petrol for that car is non-paln. if you own some 30cars, every montg you will spend huge amount on petrol!

Can the state indulge in trading of protected species who are on the brink of extinction or are threatened?

As for India, I heard that government stockpiles tonnes of sandalwood and bares people from doing the same? Same goes for China too- their Giant Pandas are vulnerable to extinction? (Of late in their panda diplomacy- they've started charging huge amounts of sum while transferring their pandas to zoos of other countries)

Is sandalwood mentioned as threatened or endangered under wildlife act 1972?

Surely sandal wood will be listed in wildlife act

But there are 6 categories.

From least endangered to extinct. The category varies. So in which category it comes under matters a lot.

I don't think so sandalwood would be in critically endangered category. If so it’s not logical for the Government to trade it for monetary gains.

If it’s not an endangered variety, Government can trade it subjected to replaceable or sustainable limits. Not a mindless trading.

Harvest is totally monopolized by the forest department?

Because it’s a variety listed under wildlife act. So it’s restricted for the common man. It’s monopolized for the welfare of wildlife only. For that matter no trading is allowed for a common man on any wildlife. Govt enjoys and should enjoy the monopoly.

Access to wildlife is restricted to a common man, because this wildlife is the nerves of the earth. So government know when to trade and when do not. But if a proper economy based on supply and demand by a common man is allowed then there are chances that those resources are exploited beyond a reasonable limit thereby cresting grave threats to the life on earth.

Provided that explicitly mentioned in the statue that it’s tradable by the govt. Or else a strict NO.

North East Industrial and Investment Promotion Policy, issues affecting implementation

"North east industrial and investment promotion policy"

Even after many years passed after implementing the policy which had much more incentives for income tax, excise duty - why the development is less in NE region? Does it mean that, the policy promotion wasn't reached many people? Even though it is easy to export to neighboring countries, why this scheme is not popularized and not seen big achievements?

Any kind of under development, we can attribute list of reasons.

1)      Geographically undulated topography and isolation from rest of the country which makes many practical difficulties in building basic infrastructures like road, railways, airports etc which is very much basic for any area to develop.

2)      Secondly law and order is given basic for anything and everything. And it’s given for any society. We can survive a day without food, but not without law and order. So it’s like breath and heart beat for any society. That is also lacking die to ethnic clashes, insurgency, illegal migration in a huge scale etc. And

3)      Thirdly people in north east FEEL alienated from the main land! It’s not true that they are alienated. But they FEEL that do not belong to "one country". This sense of alienation is fuelled by their under development. So this is a vicious cycle. Cause and consequence lead to one another. Under development leads to more clashes. And more unrest again leads to underdevelopment.

Basically they (NE people) are isolated in many senses. For example consider media. How many reporters are reporting from Manipur, Arunachal, and Mizoram etc. to national news? It’s not that news are lesser there. It’s that media's presence is miniscule there.

Even politically, there are less number of MP constituencies. So less number of ministers or cabinet ministers. So obviously the lobby to give any push to create any substantial change in such an area is missing!

The investors will also be looking for their proportional gains to invest money. If they aren't going to get a considerable profit they will not invest. NOBODY would like to invest for the sake of charity alone...

Not feeling to be under one country is one of the salient point which reduces the initiative from the NE STATES

Indian Railway Finance Corporation vs PPP, which is a better model?

"A model like Indian Railway Finance Corporation will work better than the PPP or Built-Operate-Transfer model for metro projects"- explain?

What does the Indian rail finance corp do?

it raises money from market to help in railway finances

How does it raise?

it raises through issue of both taxable and tax-free Bonds, term loans from banks/financial institutions and through off shore borrowings

How does it differ from a PPP??

In PPP, the money is raised by the private player himself...

Here, we'll take the BOT model.. The private player has to build, operate and then transfer..

The private player raises all the money for building the project(here, the railway lines, coaches, rail depots, rail stations, etc..) Eg: PPP with L&T in the Hyderabad metro rail project

The govt involvement is not always only funding , the government may support the project by providing revenue subsidies, including tax breaks or by removing guaranteed annual revenues for a fixed time period.

The government may sometimes also help in capital costs in PPP through viability gap funding for not- so-lucrative projects..

The private player operates it for profit... And recovers the capital cost+profits .. This will go on till the concession period ( usually 40 years or 50 years). Then they will transfer the ownership to the government!

In case of rail finance corp, it is the creditor (lender) to the government. In case of PPP, L&T (the private player) is a Part owner..

What are the pros and cons of an IRFC model vis-a-vis PPP..

Pros for PPP:

eliminate the conflict of interest, bring in expertise, and reduce fiscal exposure of govt.

Pros for IRFC:

ease of lending norms, guaranteed credit.

Better repayment options.

No risk for private contractors, since execution of work is per contract.

Cons: increased fiscal and budget constraints for the govt.

Conflict of interest in funding and execution agencies.

IRFC is just raising the money but the work has to still be done by the Railways Ministry only

Both in PPP and an IRFC model, the government is responsible for identifying and allocating the land.. The main difference lies in the revenue model!

In PPP, the private players find innovative ways to reduce the cost- like humped tracks at stations to save fuel, minimize human resource by mechanization, etc.. They find new revenue generating techniques like selling station naming rights (eg: Pepsi Chennai central station)., using excess land on the sides to build malls, and connecting existing malls near stations with skywalks(a bridge connecting an overhead metro station with the upper floors of a mall). So without affecting the consumer , they recover profits..

But it is difficult to attract PPP in metro bcoz the ticket fares contribute only 20% of the overall cost.. Other revenue generating techniques like above should be used .. So it is not that lucrative. Increasing ticket fare is a strict no- no by the government since it is all about political economy.

There is nothing called as Free Lunch.. When you get into PPP - though it appears to be a project for the common man, these Private Organizations will always work out a Revenue Model which is beneficial to all the stake holders..

Spectrum bidding - Does higher bidding lead to higher tariff?

"The Spectrum auction has resulted in huge bidding. There is an argument that this will lead to increase in price/tariff. What reasons makes this argument weak? Is it economics of scale alone? Or there is more?

"

The intense competition among the telecom operators will be a huge deterrent to them in rising the prices..

Though they may raise the price, it would only be very marginal..

The high selling price of spectrum was not only due to the high base price but due to the intense competition among the telecom operators to buy it. They have bought it bcoz they know that they can absorb these increased spectrum cost by increasing their efficiency..

Moreover, you have to see this from a different angles. There are three stakeholders in this valuable natural resource called spectrum- they are 1. The government 2. The telecom operators 3. The telecom users!! It is necessary to see that the benefits of this resource are shared by all the three players.. We should not neglect the government in this

By increasing the efficiency means, by expanding into other domains apart from voice calls..

Scale also because rural potential is yet to b tapped.

Our rural teledensity is still just 76% while our urban density is a whopping 166%!!

It will be more about economies of scope rather than scale.. I.e.. Offering multiple services... Like data services, etc..

Twitter Samvaad

Twitter Samvaad was recently launched. Can you explain the basic technicals behind this, and how this might help governance, etc?

The use of ICT tools for governance has taken various shapes and forms including the e-governance, m-governance etc..

So far the government used to function using their local/proprietary systems and packages.

Utilizing the social networking and media for the governance has been the trend of late and this twitter samvaad is one such initiative..

The short message services that we are using in our Mobiles has become popular because of the younger generation using it for each and every communication. Twitters/ FB/ whatsapp/ all these very powerful social networking solutions to reach the mass faster than ever. Twitter is just another service similar to SMS and so it is being used for making the DIGITAL INDIA initiative popular..

The PM had discussion with these teams and have requested to open up platforms that can enable the common man to reach the Government offices/ officials to facilitate the delivery of services.

Brief on Samwad: Twitter Samwad is a service that lets leaders and government agencies communicate with the people through tweets and SMS. The initiative was launched by Modi and will initially have 16 partners, including him. The initiative was custom-built for the world’s largest democracy and will enable the citizens to be the first to know about new government actions. This initiative will continue to invest in language support to make the platform accessible to more people.

*********************************************************************************

Are the APIs open to the public? Then anyone can build apps for govt services.

APIs are open to public vivek. You can write one on your own suitable for Government services. The API should be executable by the platform being used, thats all.

Inflation

In the economic survey, they say ""in addition to oil prices, India’s inflation will be shaped by pressures from agriculture, foreign and domestic""

How does foreign agricultural pressure shape India's inflation, since we are mostly self-sufficient in food production?

What you think about inflation?

Inflation - increase of prices , when there is more demand

In general terms, its fine.. but any other inputs..??

Persistent increase in prices more than the growth

a general increase in prices and fall in the purchasing value of money

in general terms Increase in the prices and reduce in purchasing power of people.. also increase in demands..

inflation usually is based on WPI and occurs when there is mismatch between demand and supply

Good. Let us look at this... Inflation is defined as a sustained increase in the general level of prices for goods and services. It is measured as an annual percentage increase. As inflation rises, every rupee you own buys a smaller percentage of a good or service.

In our country this is measured using two parameters i.e., WPI and CPI..

(WPI) Earlier, the concept of wholesale price covered the general idea of capturing all transactions carried out in the domestic market. The weights of the WPI did not correspond to contribution of the goods concerned either to value - added or final use.

Precisely, the WPI is worked out taking out, as far as possible, all transactions at first point of bulk sale in the domestic market.

The major criticism for this WPI started and gave ris to a thought that 'the general public does not buy at the wholesale level'. Hence WPI does not give the actual feeling of the amount of pressure borne by the common man. However, the increase in wholesale prices does affect the retail prices and as such give some feel of the consumer prices. This led to something we refer as the second index.. CPI..

This CPI measures price change from the perspective of the common man/ retail buyer in our eco terms. It is the real index for the common people. It reflects the actual inflation that is borne by the individual. CPI is designed to measure changes over time in the level of retail prices of selected goods and services on which consumers of a defined group spend their incomes.

There were four parameters taken as a key parameters to work out the CPI. they are: Industrial workers, Agricultural labourer, Rural Labourer and Urban Employees etc.. So when we are working out these indices, we have to take the domestic market and the international market as well since we will be importing the goods and services as well.

Quoting few lines from the economic survey

""The most dramatic structural change relates to wage pressures. As shown in Figure 1.7, wage growth has declined to about 3.6 percent from over 20 percent. If these trends continue, rural wage growth can continue to decelerate, further moderating inflationary pressures.""

How does rural wage growth affect the inflation?"

Sir, I did not get how the rural wages would effect inflation, since the wages are very small in number

When we are talking about CPI, we have to consider a distinct difference between the RURAL and URBAN population and its impact.. a overlap...

There was a strong feeling that there is a need for compiling CPI for entire urban and rural population of the country to measure the inflation in Indian economy based on CPI. Thus, now Central Statistics Office (CSO) of the Ministry of Statistics and Programme Implementation has started compiling a new series of CPI for the

i) CPI for the entire urban population viz CPI (Urban);

ii) CPI for the entire rural population viz CPI (Rural)

iii) Consolidated CPI for Urban + Rural will also be compiled based on above two CPIs

These would reflect the changes in the price level of various goods and services consumed bythe Urban and rural population. These new indices are now compiled at State / UT and all India levels.

When we understand the parameters which are used to measure the inflation, we shall be able to correlate the graphs with them clearly.

Sir in fiscal drag inflation occurs to cause adjustments in tax brackets? Do they have direct relation or it happens because of rise in income?

We can state that there is a direct relation. Fiscal drag is essentially a drag or damper on the economy caused by lack of spending or excessive taxation. As increased taxation slows the demand for goods and services, fiscal drag results. Fiscal drag is a natural economic stabilizer, however, since it tends to keep demand stable and the economy from overheating.

Because it is an economic stabilizer, fiscal drag can influence economic equality among citizens of the same region.

"One cause of fiscal drag is the consequence of expanding economies with progressive taxation. In general, individuals are forced into higher tax brackets as their income rises. The greater tax burden can lead to less consumer spending. For the individuals pushed into a higher tax bracket, the proportion of income as tax has increased, resulting in fiscal drag"

Fiscal drag can influence economic equality among citizens of the same region. Is this in positive terms or negative?

Both.. for those who are earning more, they are taxed more and thus are left with less money to spend... those who are earning less are taxed less leaving more money to spend.. (in % terms as well.)

As far as i understand, for the man who earns more, it may sound negative. but for the man who is under the lesser tax bracket, it may sound positive...

About WPI, i just got some information that may be of use to you (for a fast reading..) This (WPI) index is the most widely used inflation indicator in India. This is published by the Office of Economic Adviser, Ministry of Commerce and Industry. WPI captures price movements in a most comprehensive way. It is widely used by Government, banks, industry and business circles. Important monetary and fiscal policy changes are linked to WPI movements. It is in use since 1939 and is being published since 1947 regularly. We are well aware that with the changing times, the economies too undergo structural changes. Thus, there is a need for revisiting such indices from time to time and new set of articles / commodities are required to be included based on current economic scenarios. Thus, since 1939, the base year of WPI has been revised on number of occasions. The current series of Wholesale Price Index has 2004-05 as the base year. Latest revision of WPI has been done by shifting base year from 1993-94 to 2004-05 on the recommendations of the Working Group set upwith Prof Abhijit Sen,, Member, Planning Commission as Chairman for revision of WPI series. This new series with base year 2004-05 has been launched on 14th September, 2010.

I just enjoyed these links, may be you can browse through them.. (the abstract / executive summary)..

http://www.investopedia.com/terms/f/fiscal-drag.asp

http://www.bostonfed.org/economic/wp/wp2013/wp1325.pdf

how to recoganise if a graph or flow chart is relevant from exam point of view?

While reading economic survey, i came across many graphs. Should the relevant ones be included in our notes? If so, how, since while using them in exam one may not remember their scale, also it will be difficult to draw on scale.

In addition, please guide as how to recoganise if a graph or flow chart etc. is relevant from exam point of view.

The graphs are the easiest representation of data. So taking the topic and picking the relevant ones will help.

Including the graphs are always better - for a clear understanding. While using them in exam, the scale doesn’t matter. But the concept - whether you have understood the subject, concept or not is what that matters. So no problem. You shall pick the graph and use them.

CAG and its role - Is he violating his oath if he is not looking into legislations/policies to uphold Consitution

1. CAG in India act just as an Auditor whereas he oaths "“I will uphold the Constitution and the laws" . Isn't it violating constitution by just doing mere auditing and not looking into legislation/policies to uphold Constitution ?

2. and looking over so many Scams in India shouldn't there be some institution which can probe scams before they happen instead checking flaws retrospectively when loss has been there?

3. Why nobody is held responsible in scams like coal-scam when law is equal for all?

CAG's role is restricted to accounts, as per the constitution of India.

Oath of upholding constitution is taken by all the constitutional authorities. But they have certain roles earmarked for themselves. They can't go beyond that.

Parliament is the rightful authority to deal with the legislation and policies.

Every constitutional authority has a rule carved out for it.

Sir but his oath is same as of Judges .. so shouldn't CAG also perform of role of reviewing policies?

Supreme Court has the specific role of interpreting constitutionality of policies etc.

Thus it is a specific domain given to the Supreme Court. And no other organisation can grab it just because they also have constitutional status.

sir can we say his this oath is wrong and it should be same as of ministers that he will act “in accordance with the Constitution instead upholding”?

No. The oath is to uphold the constitution as far as what it says to be the role of that particular institution.

If that is not the case there will be confusion as to the role of different constitutional authorities. Isn't it?

The role and of what is expected from CAG is very detailed out in the Constitution, not only his duties, but the values that he upholds is mentioned in the constitution. Unlike that of other executives- particularly the PM and cabinet.

None has to uphold the constitution beyond its own domain.

Institution to probe scans before they happen? In practical terms, what type of an institution you think of...

We have a plethora of institutions having the rule of oversight. Adding one more rung is not going to help.

CAG is afterall- an Auditor general (he is technically not a comptroller- his permission is not needed for Executives to appropriate money from Consolidated funds) so, his analyses of losses to exchequer are infact- in retrospect by definition.

What we actually need is honest bureaucracy to man the institutions, checks and balances, procedural clarity etc.

Transparency and adoption of technology can also help.

It is always the highest authority who is bestowed with the authority to execute it.

Who should take responsibility?

When we talk of corruption, we should keep the difference in liability between the political executive that is the minister and the administrative executive.

Policy decisions taken in public interest, without any ulterior motive cannot be questioned even if it results in loss.

Political bosses are accountable only for misdeeds. Not for policy failures.

They could be penalised only if out is proved that their actions were vitiated by other considerations.

The logic is this. At the time of taking the decision they did not have the advantage of a post facto analysis.

Who ever makes policy decision, it is always subject to uncertain situations.

You cannot completely foresee the consequences of p policy alternatives.

On the other hand the administrative head has the policy laid down to guide him. He need not look for alternatives.

Policy decisions can only be challenged on their constitutionality. Not on grounds like resulting in loss etc

Losses are part of the risky situation. The executive is only expected to follow what is called due diligence

Social issues have so many influencing factors. Some foreseeable. Some not.

if someone is made responsible for losses, if he takes decisions for the common good and some external factor results in losses then he is punished. it is one of the reasons for policy paralysis in recent times too.

The ministers operates on the principle of secrecy.. They take the oath of secrecy before entering office.. I mean where is the transparency in democracy.. Why this procedure.. Have a doubt on this sir. I m not sure that this will be related for the current discussion here!

That oath is only to ensure that whatever information he gets access to is not misused. This Secrecy is not about the decision making process. They can both coexist without any problem.

This oath that you are talking about is to maintain the Integrity of the process and information. Transparency is always there madam. The minister or the representative (of the people) is answerable to the public for all their actions

As a minister he may get access to say India's weapon project. He is not supposed to disclose it. That's all. That has nothing to do with transparency in decision making.

President Powers Red Intervention of SC in Presidents power of deciding on mercy pleas without any time limit boundation, is it constitutional?

No authority can fix a deadline for the president to execute his responsibility.

However, in death penalty cases, the affected can plead this as a reason for seeking mercy.

Can the SC Intervene?

That's what exactly I was saying. The court cannot set deadline for executing presidential powers.

Again here, he may get some relief from the court. But the authority of the president cannot be questioned.

Sir but finally commuting like in Bhullar case with reason of over mental illness and an inordinate delay by the government in deciding his mercy plea, isn't it breaching president's power?

Actually, it is a grey area.

It goes through the home ministry and the pm with the recommendation of the govt. They can be held responsible for the delay. After reaching the president, it becomes his prerogative

Constitutionality of Intervention of SC in Presidents power of deciding on mercy pleas

Intervention of SC in Presidents power of deciding on mercy pleas without any time limit boundation, is it constitutional?

No authority can fix a deadline for the president to execute his responsibility.

However, in death penalty cases, the affected can plead this as a reason for seeking mercy.

Can the SC Intervene?

That's what exactly I was saying. The court cannot set deadline for executing presidential powers.

Again here, he may get some relief from the court. But the authority of the president cannot be questioned.

Sir but finally commuting like in Bhullar case with reason of over mental illness and an inordinate delay by the government in deciding his mercy plea, isn't it breaching president's power?

Actually, it is a grey area.

It goes through the home ministry and the pm with the recommendation of the govt. They can be held responsible for the delay. After reaching the president, it becomes his prerogative

NGo funding and National Security

With regards to NGO - funding issue, certain activists have been not allowed to leave India. how far is that justified in the name of National security sir? Is that preventive detention of sorts?

Let us look at it philosophically. We have to understand the concept of a nation state. its obligations, responsibilities, security considerations, etc., all nation states act to preserve their sovereignty in the way they best see it.

When certain acts come in conflict with issues like freedom of expression or action, then such questions are posed.

For the world, Edward Snowden had brought out a very important issue. But for the US, he is a traitor.

The Doctor who used vaccination to help rat our OBL is a traitor for Pakistan.

so nations react and respond based on circumstances that they feel fit to ensure its responsibilities and obligations.

Even 19 (2) of our constitution puts in reasonable restrictions on freedom of expression as per Court today in the case of IT Act!

Sir the broad question is not restricting the fundings and blocking the suspected accounts. Infact is that the IB is namecalling certain NGOs and activists. What makes me wonder is how can one activist be so important for national security that he isn't even allowed to leave the country?

after all, he isn't blocked from communicating outside

I think the submission in the court by the government makes it amply clear. True, law does not always keep up with technology.

Any individual found to be a source of information which is detrimental to the nation or the spirit of the nation can be stopped from leaving the country.

Yes, unless we have evidence- even IB reports will still be pointing towards a "conspiracy" - one that can't be proven. Can you help us being balanced about this topic sir? At the moment its heavily tilted in govt's favour.

that is why i pointed towards the philosophical direction of the answer.

get the broad concept and address the issue at hand. do not take sides. particularly in an emotive issue with strong opinion on both sides

the interviewer or the invigilator is looking for your understanding of the concept and a balanced approach.

This is what is known till now. You are supposed to analyse the situation at 360 degrees and take a bird's eye view which is neutral

India-Maldives Relations, Intervention or Assistance?

India and its neighborhood- relations.

Amber India-Maldives relations:

India has in the past, intervened in the domestic polity of Maldives, on their specific request for India to do so. Whereas in 2015, another call has being made by ex-president of Maldives- Yameen to intervene in his allegedly political arrest which may see the country descending into chaos- which has been diplomatically avoided by India so far.

Question is- how do we interpret India's Interventionist stance earlier despite its adherence to Panchsheel's principle of Non-intervention?

My only take on this question is that I do not agree to the use of interventionist stance.

Every time India has gone abroad to support, it has been on the request to assist, not intervene.

Bangladesh, Maldives, Sri Lanka, To assist in their sorting out their problem.

so you're pointing to the fact that "intervention" is always voluntary, whereas on request- its said to be "assistance".

Yes there is that nuance.

Iraq Bosnia Afghanistan are examples of intervention

Our policy is to encourage dialogue and peaceful resolution of differences

US report on Indian Counter Terrorism measures.

Bilateral, regional and global groupings and agreements involving India and/or affecting India’s interests

Topic: - US report on Indian Counter Terrorism measures.

Not getting which report is this. Please guide.

Go to www.state.gov

Search for country reports on terrorism.

The last report is of 2013 released in April 2014.

Go to chapter 2 country reports on south and Central Asia overview.

You would find the section dealing with India.

The executive summary on India is:

India remained severely affected by and vulnerable to terrorism, including from Pakistan-based groups and their affiliates as well as left-wing violent extremists. The Government of India, in response, continued to undertake efforts to coordinate its counterterrorism capabilities more effectively and expanded its cooperation and coordination with the international community and regional partners.

Outer Space Treaty, Plots on Moon, Sovereignity

When According to the Outer Space Treaty of 1967, no nation can claim sovereignty over any part of any celestial rock. Then

1. How they're selling plots on moon?

2. How are exploration, mining on Moon justified?

3. Where is India playing role?

Firstly, all of you should see the Outer Space Treaty, I will reproduce the first and second articles now

Article I

The exploration and use of outer space, including the Moon and other celestial bodies, shall be carried out for the benefit and in the interests of all countries, irrespective of their degree of economic or scientific development, and shall be the province of all mankind

Outer space, including the Moon and other celestial bodies, shall be free for exploration and use by all States without discrimination of any kind, on a basis of equality and in accordance with international law, and there shall be free access to all areas of celestial bodies.

Article II

Outer space, including the Moon and other celestial bodies, is not subject to national appropriation by claim of sovereignty, by means of use or occupation, or by any other means

Yes sir, according to the articles you posted- it seems like Global Commons?

Yes

Who is putting plots on moon?

That is why i am asking? Where did that question come from?

Since 1967, the treaty has been in existence, there are talks of colonization of moon, mars, asteroids, exploration for mineral resources on meteorites and other planets. However, the main clause of the treaty - Article I stands without amendment.

All exploration will be for all mankind, no ownership, irrespective of economic or scientific development. While countries that are advanced in space technology can send exploratory missions, there is no ownership.

Till now, everything has been to quench the scientific curiosity.

Sir, its true that there are agencies which are offering estates up for sale, but those purchases are no more worth anything other than the paper it’s written on

Claims cannot be considered legal.

However like Antarctica, there will be a time in the future when sovereignty might be established based on presence. But as of now, no amendment to the treaty and so we all can claim ownership of all the universe and the Milky Way.

As regards India's role, we continue to explore in the spirit of the treaty.

Sir could you elaborate on the status of Antarctica a bit?

Presently all our exploratory scientific stations in Antarctica are considered sovereign. Only within the physical limits of the stations. Not beyond. There is nothing like EEZ surrounding the stations. All countries respect that.

Sir as far as the satellites are concerned.. Wat abt the path to be chosen for every country to be launched..can they claim particular band or something like that?

There are bands allotted by unoosa.

There is even a graveyard for satellites where all space objects will have to be pushed when their fuel is less than 5% or so. This is to avoid space debris.

Sir, on a lighter note- the situation like Gravity (the movie) is probable?

Science fictions have always pushed the envelope and have propelled inventions and discoveries.

So who knows? We may have gravitates and Aliens and warp travel and what not?

2014: On 9 February, NASA accepted applications from companies that want to mine the moon for rare materials such as Helium-3 under a program called “Lunar Cargo Transportation and Landing by Soft Touchdown" (CATALYST). The Outer Space Treaty prohibits any country from claiming property on the moon, but lunar mining has sparked debate over lunar property rights.

US recognised owning of land though it is still controversial, this was my doubt sir?

but you have cleared it! its illegal, to claim on any land on moon.

The issue is about unilateralism versus multilateralism.

Treaty exists unamended.

Any kind of exploration is for the benefit of mankind and not for countries or corporations, as of now.

More Courts an answer for pendency of cases?

Who has control over establishing lower courts? Why can't more courts be established for doing away with backlog cases?

Do u think that solves the problem?

Fast track court was one devised mechanism to reduce pendency and dispose cases at the earliest. Lok adalats for amicable settlement of cases.

Establishing more courts is gonna add to the burden of expenditure but not solve the problem per se.

If rules under the Enactments are adhered to it can reduce pendency.

Say Procedural code says only 3 adjournments can be taken.. But in actual this is not followed and n number of adjournments are sought and granted which drags the cases

Derived articles are also considered as FR

Derived articles are also considered as FR? Like under article 21?

Yes the case which declared the derived rights say Right to shelter, the Court declared it as a fundamental right, widening the ambit of A 21.

See the right's ambit under 21 was widened.

It was reiterated by the SC that Right to Life included right to livelihood and right to shelter also.

But that doesn't mean then every road side person who dun have shelter can ask Govt to provide as FR is getting violated?

U r exactly right in saying that government can be asked not to disturb the Right of shelter of a person.

See Fundamental rights are guaranteed rights and court ask the other party not to violate or disturb those rights. It is a negative connotation which differentiates it from DPSP which is a positive mandate to the Government to do things, for the welfare of the people.

Suo-moto Jurisdiction of Indian Courts

Under what circumstances can the courts of country take Suo-moto action? Doesn't this executive oversight digress Judiciary from its main function of speedy justice?

There is no separate guideline for a court to take cognizance of any matter.

Suo-motto action is an inherent power of the court. Mostly higher Judiciary.

It can never be said that Judiciary is digressing from it prime duty of rendering justice.

So practically, higher courts of the country can take cognizance of any matter. For example- recently SC took suo moto action on the status of Ganga cleaning.

Yes

For example.. Epistolary jurisdiction of the judiciary, it is nowhere written.

It is the power of the court to take cognizance of a matter based on a letter addressed to it.

This power u see Amar, cannot deter the separation of Powers (though Limited in India ) that we follow..

Tracking executive actions and making sure they're held accountable- that is also under the definition of conventional "Justice"? In addition to the civil and criminal adversarial matters- which are considered as conventional forms of justice.

That will destroy the natural Balance in favour of one of the Organs.

What is the mandate of Higher courts of the land madam?

Ends of JUSTICE.

Wasn’t the issue taken up by SC in wake of a PIL filed by an activist (Cleaning Ganga)? Then how is it Suo-moto?

Ganga issue was not suo-moto, but SC has taken up other matters on suo-motto in its recent history

Ganga clean up issue can be tied to Article 21. Violation of right to life under A 21 and right to clean environment inherently under A 21.

Within the same means of justice add to it- the separation of powers; wondering if we do really need the higher courts of the country to step in and held the executive accountable.

Because to me, that's eating into the time of the judiciary, when crores of cases are already being piled over.

Criminal charges and speedy remedial is equally (if not more) important than ensuring social justice in the form of tracking executives.

Suo-moto power of a court is inherent. Don’t link it with the time of the Judiciary. When anybody can file a case for another on a PIL, why can’t the Court take cognizance itself for the benefit of the larger number of poor people who cannot and do not have means to approach the Court.

The time of judiciary cannot be said to be wasted.

Yes I agree there is a lot of pendency in the Judiciary, but that should in no way hinder the process of rendering justice.

Although courts have the power, isn’t improper to take suo-moto action?

Suo-moto is a means of judicial activism by the Courts.

Ma'am, are suo moto n PIL restricted only to SC and HC.. or lower courts also having that?

Judicial Activism is not limited to the higher Judiciary but we do not see Lower Judiciary indulging in Judicial Activism

Who fills the absence of governor?

With respect governor, who will fill the absence of him?

There needs to be no one to always fill a short absence of the Governor. If the SEAT of the Governor falls vacant then the Governor of another state would be given additional charge in the intermediate time until a new Governor is appointed

India and CTBT

India earlier had cited the lack of sufficient disarmament commitments and discrimination against have-nots as central to their opposition to the CTBT, but today India is a de facto nuclear weapon state.

so am unable to understand- why is that India still continues to oppose CTBT while by joining it, India can derive all those benefits under CTBT?

Why India opposes CTBT?

The reason traces back to NPT times... India was main propounder of the theory of nuclear disarmament and wanted a treaty like CTBT.

But when the Treaty was formed the terms of the treaty upset India.

The terms of the treaty was favourable to already nuclear weapons possessing states (namely the permanent members of security council..) and these 5 countries could also further develop their technology.

But India is willing to have a consensus over CTBT in country only if some of her demands are conceded. Such as, it demands that India should be included in the club of Nuclear weapon states and the countries having nuclear arms should go for a comprehensive programme for disarmament with specific time bound resolution. But no proper attention has been given to our demands and India has refused to become a party of the treaty.

India felt that the CTBT was inadequate in terms of securing disarmament commitments from the nuclear weapon states under declared deadlines.

But today this argument of India is weaker--especially because India is now a de facto nuclear weapon state. The shift from being a nuclear "have-not" to a nuclear "have" dramatically altered the Indian perspective on the CTBT.

Now India's stance against CTBT of have and have not have weakened as today we are seen as a nuclear have by the world

Is it threat from Pak cos, it has also not signed CTBT?

Yes.

But majorly the intial protest was nuclear weapon states had no time frame to reduce their nuclear stock piles, and also they could also develop their current nuclear technology.

One other reason why India opposed CTBT is.. Strategic reason for protect inherestly is that of the countires like CHina and Pakistan, which pose threat to the country security.

Mam can u elaborate "perspective of world over india has changed"?

When India initially protested we stood on the side of the Nuclear have-nots and also favouring their stand and protecting their interests.

but as things changed after 98 tests.. India is also seen as a nuclear Have by other countries and its stance of supporting nuclear have nots still holds no ground..

All these are intricate understandings...

How are Statutory right protect?

Statutory rights like right to information and right to work under mnrega, for constitutional right violations one can approach The SC. But what about these statutory rights, how are they protected?

Recourse to SC under 32 is only for violation of Fundamental rights, but to HC under 226 is wider in scope as HC approached for violation of any right.

Also the particular statute can be invoked for any rights violation under the Act.