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THE
HINDU: The case against Ashok Chavan
When
one Governor refuses to accord sanction to prosecute a former Chief Minister
but another, his successor, grants it in the same case, some legal questions
are bound to arise.
Yet, on an overall assessment of the twists and turns in
the Adarsh Cooperative Housing Society scandal in Mumbai, the latest decision
of Maharashtra Governor Ch. Vidyasagar Rao to allow the prosecution of former
Chief Minister Ashok Chavan ought to be welcomed as a positive move towards
public accountability. There was an alleged element of quid
pro quo in Mr.
Chavan’s favourable decisions while in office and the fact that his
mother-in-law and the brother of his father-in-law had flats allotted in the
society. It is only just and fair that the trial court is given an opportunity
to assess the legal consequence of Mr. Chavan’s actions. The earlier refusal of
former Governor K. Sankaranarayanan to grant sanction to prosecute Mr. Chavan
had derailed the entire case against him, as the Central Bureau of
Investigation moved to delete his name from the charge sheet. However, the
Special CBI Court declined the request, noting that the charge under the
Prevention of Corruption Act does not go away merely because the Governor
refused sanction for the offences of cheating and conspiracy. Mr. Chavan has
questioned the legality of the CBI approaching the Governor for sanction for a
second time after Mr. Sankaranarayanan had gone into the matter and refused it.
However, the State government’s advice to the present Governor to accord
sanction is based on “new facts”.
The
fresh grounds relate to the observations of the Justice J.A. Patil Commission
report which talked of a “nexus established between the acts of Mr. Ashok
Chavan and the benefit derived by his close relatives in the form of membership
of Adarsh CHS”, and a Bombay High Court order in 2014 upholding the trial
court’s refusal to drop his name from the charge sheet. It cannot be forgotten
that the entire issue of according sanction to prosecute a public servant for
the offences of conspiracy, cheating and forgery is only academic. In 2006, the
Supreme Court had laid down that by their very nature such offences do not
require prior sanction as they cannot be regarded as having been committed by a
public servant in the discharge of official duties. It is surprising that the
CBI approached the Governor for sanction in the first place under Section 197
of the Criminal Procedure Code for the offences of conspiracy and cheating. In
any case, it could have gone ahead with the prosecution in respect of the
Prevention of Corruption Act, which does not require sanction after the accused
has demitted office. The idea of shielding public servants from frivolous
complaints is the ostensible justification for the sanction provision in law.
This technical requirement, however, has more often been a shield for corrupt
public servants, especially political leaders. The sooner this bugbear of
legitimate prosecution is abolished, the better it would be for probity in
public life.
ac·cord
Give or grant
someone (power, status, or recognition).
sanc·tion
A threatened
penalty for disobeying a law or rule.
pros·e·cute
Institute legal
proceedings against (a person or organization).
as·sess·ment
The evaluation
or estimation of the nature, quality, or ability of someone or something.
al·leged
(of an incident
or a person) said, without proof, to have taken place or to have a specified
illegal or undesirable quality.
de·rail
Cause (a train
or trolley car) to leave its tracks accidentally.
de·mit
Resign from (an
office or position).
shield
Protect
(someone or something) from a danger, risk, or unpleasant experience.
friv·o·lous
Not having any
serious purpose or value.
bug·bear
A cause of
obsessive fear, irritation, or loathing.
a·bol·ish
Formally put an
end to (a system, practice, or institution).
THE HINDU: A jobs scheme that
steadied India
It is
now a decade since the Mahatma Gandhi National Rural Employment Guarantee
Scheme was launched, and it can be said with reasonable assurance that the
programme has been largely successful in living up to what it set out to do:
provide employment to India’s rural poor and improve their livelihoods.
Sceptics of the spending programme, launched in 2006, had raised concerns that
it would be yet another opportunity for middlemen to pocket funds. They had
dismissed the argument that the design of MGNREGS as a demand-driven scheme
would make it more targeted and less prone to leakage. Ten years on, the
sceptics have been largely proved wrong. Yes, the efficiency of implementation
of the scheme varies across States, there is a degree of wastage of resources,
there is an issue with delayed payments, works undertaken have not held up in
some States, and there remains some information asymmetry leading to uneven
implementation. Yet, by and large, study after study has found that MGNREGS has
served as a source of employment for the poor in distress situations such as
drought, crop failures and lean rural employment days. It has helped raise
rural wages steadily over time, and in places where it has been implemented
well, built rural assets such as irrigation canals and roads have augmented
local infrastructure.
Yet,
it is also evident now that over the last five years there has been
sluggishness in MGNREGS’s implementation. There have been ups and downs in the
Central outlay for the scheme, in terms of allocations as a percentage of
overall budget spending and, most importantly, delays in releasing funds to
States for wage payments. This has led to a relative slack in demand and
consequently a drop in the work hours and even a decline in the average rural
wage rate increases in these years. This is primarily because both the
Congress-led UPA in its second term in government and the current BJP-led
regime have been less than enthusiastic about the need for the scheme. Indeed,
data show that only in the past year has the BJP government come around to
realising its utility, even if grudgingly. Prime Minister Narendra Modi had
remarked last year that his government saw MGNREGS as a symbol of the failures
of the Congress governments, and that after 60 years, it was a travesty that we
were “still making people dig holes”. These remarks symbolised, at one level, a
flawed understanding of the scheme, and at another, a negative mindset about
demand-driven welfarism. It took a distressed agrarian situation with the
failure of the rabi crop
and less-than-optimal rains for the MGNREGS to get its due, and the proportion
of delayed payments was reduced in the first three quarters of 2015-16 from
what it was in 2014-15. Even so, the implementation of the scheme has continued
to be better in some States as opposed to even drought-hit States. It is clear
that there needs to be a better political understanding of the need for and the
efficacy of welfarism.
as·sur·ance
A positive
declaration intended to give confidence; a promise
skep·tic
A person
inclined to question or doubt all accepted opinions.
a·sym·me·try
Lack of
equality or equivalence between parts or aspects of something; lack of
symmetry.
dis·tress
Extreme
anxiety, sorrow, or pain.
drought
A prolonged
period of abnormally low rainfall; a shortage of water resulting from this.
aug·ment·ed
Having been
made greater in size or value.
sluggishness
Lethargy: a
state of comatose torpor (as found in sleeping sickness)
out·lay
An amount of
money spent on something
slack
Not taut or
held tightly in position; loose.
grudgingly
In a grudging
manner; "he grudgingly agreed to have a drink in a hotel close by"
trav·es·ty
A false,
absurd, or distorted representation of something.
flawed
Blemished,
damaged, or imperfect in some way.
a·grar·i·an
Of or relating
to cultivated land or the cultivation of land.
ef·fi·ca·cy
The ability to
produce a desired or intended result.
BUSINESS STANDARD: Govt is
throttling spectrum supply
The Telecom Regulatory Authority of India, or
Trai, has stirred up a hornet's nest with its recommendation that the reserve
price for spectrum in the prized 700 MHz band should be four times the price at
which spectrum was sold in the 1800 MHz band in 2015. Since this band is
proposed to be auctioned for the first time, there were no benchmarks
available; hence this formula. Bharti Airtel, the country's largest operator of
telecom services, has said that it will not bid for 700 MHz in the forthcoming
auctions because the proposed base price has rendered it unaffordable. Other
telecom companies too have said it is too expensive, though nobody else has
categorically stated that they will not take part in the auctions.
The companies' argument is that for all other new bands, Trai has gone by propagation characteristics to discover their reserve price. However, in the case of 700 MHz, the regulator has settled for international comparison: the prices of 700 MHz and 1800 MHz spectrums auctioned in a handful of countries in 2010-11. There, Trai observed, the price of 700 MHz was four times that of 1800 MHz. That is how in 2012 it felt that it was the right ratio for India too. In its latest recommendations, Trai has fallen back on that observation. Some analysts have said that in the Trai calculation, barring Germany, which had a ratio of 28.5 because of the low price of 1800 MHz spectrum, all other countries had a ratio of below four. So, in India too, the ratio ought to be below that. Industry has also argued that the propagation characteristics of 700 MHz are very similar to those of 800 MHz, and therefore, spectrum in the two bands should be similarly priced. In their calculation, Trai's recommendation will make 700 MHz almost twice as expensive as 800 MHz and impose a huge financial burden on the debt-laden telecom industry. It so happens that 700 MHz is a highly efficient band, and gives great signal inside homes and offices. As telecom companies migrate to 4G-LTE services, possession of this spectrum will hold the key.
Now that the days of government allocating inexpensive spectrum are over, as the target of universal telecom coverage has more or less been met, the government cannot really be faulted for trying to maximise its revenue from spectrum auction. It can, however, be faulted for artificially throttling the supply of spectrum. True, those who cannot afford 700 MHz spectrum can settle for what is available in the 800 MHz and 900 MHz bands - except that there just aren't enough airwaves available in those bands in the forthcoming auctions. There is some spectrum available in 1800 MHz, but it is fragmented - which makes it unsuitable for 4G-LTE services, which being data-heavy require airwaves in lots of five MHz. There is thus a pressing need to harmonise this spectrum so that blocks of five MHz can be carved out. Also, the matter with the armed forces to vacate the band needs to be sorted out as early as possible. The telecom regulator and the government should both examine far-reaching suggestions that spectrum be pooled, and some form of metered access permitted. In the absence of cheaper and more efficient alternatives, telecom services may continue to suffer.
The companies' argument is that for all other new bands, Trai has gone by propagation characteristics to discover their reserve price. However, in the case of 700 MHz, the regulator has settled for international comparison: the prices of 700 MHz and 1800 MHz spectrums auctioned in a handful of countries in 2010-11. There, Trai observed, the price of 700 MHz was four times that of 1800 MHz. That is how in 2012 it felt that it was the right ratio for India too. In its latest recommendations, Trai has fallen back on that observation. Some analysts have said that in the Trai calculation, barring Germany, which had a ratio of 28.5 because of the low price of 1800 MHz spectrum, all other countries had a ratio of below four. So, in India too, the ratio ought to be below that. Industry has also argued that the propagation characteristics of 700 MHz are very similar to those of 800 MHz, and therefore, spectrum in the two bands should be similarly priced. In their calculation, Trai's recommendation will make 700 MHz almost twice as expensive as 800 MHz and impose a huge financial burden on the debt-laden telecom industry. It so happens that 700 MHz is a highly efficient band, and gives great signal inside homes and offices. As telecom companies migrate to 4G-LTE services, possession of this spectrum will hold the key.
Now that the days of government allocating inexpensive spectrum are over, as the target of universal telecom coverage has more or less been met, the government cannot really be faulted for trying to maximise its revenue from spectrum auction. It can, however, be faulted for artificially throttling the supply of spectrum. True, those who cannot afford 700 MHz spectrum can settle for what is available in the 800 MHz and 900 MHz bands - except that there just aren't enough airwaves available in those bands in the forthcoming auctions. There is some spectrum available in 1800 MHz, but it is fragmented - which makes it unsuitable for 4G-LTE services, which being data-heavy require airwaves in lots of five MHz. There is thus a pressing need to harmonise this spectrum so that blocks of five MHz can be carved out. Also, the matter with the armed forces to vacate the band needs to be sorted out as early as possible. The telecom regulator and the government should both examine far-reaching suggestions that spectrum be pooled, and some form of metered access permitted. In the absence of cheaper and more efficient alternatives, telecom services may continue to suffer.
throt·tle
Attack or kill
(someone) by choking or strangling them.
stir
Move a spoon or
other implement around in (a liquid or other substance) in order to mix it
thoroughly.
stir up a hornet's nest
to create a lot of trouble
rend·er
Provide or give
(a service, help, etc.)
propagation
The spreading
of something (a belief or practice) into new regions
bar
Fasten
(something, especially a door or window) with a bar or bars.
mi·grate
(of an animal,
typically a bird or fish) move from one region or habitat to another,
especially regularly according to the seasons.
forth·com·ing
Planned for or
about to happen in the near future.
frag·ment
Break or cause
to break into fragments
carved out
to make or create (a career)
INDIAN
EXPRESS: Say cheers
Dispiriting news is
coming in from all quarters. In Bihar, Social Welfare Minister Kumari Manju
Verma has gained infamy for opining that her chief minister’s prohibition
project may fail because “elites” drink to get a “good sleep”. What’s the
problem? The technical term “nightcap” eluded her, but the relation between
ethanol and sleep is well-known. She added that the rich drink wine when they
are exhausted, and indeed, some do. Meanwhile, Madhya Pradesh has liberalised
its excise laws to widen the tax net — on condition. People who earn over Rs 10
lakh per year will be allowed to keep up to 100 bottles of liquor at home,
provided none costs less than Rs 1,000. A licence fee of Rs 10,000 will be
charged for this obsessively decimal regime, which comes into force on All
Fools’ Day.
Parts of India
periodically develop real alcohol problems, prompting popular movements for
prohibition, but anxieties — and hypocrisies — concerning alcohol are orders of
magnitude out of proportion. Though the drinking habits of Pataliputra were
detailed by Megasthenes in Mauryan times, a politician in modern Patna who
speaks of the difficulty of banning alcohol is perceived to be problematic.
But the most visible
sign of alcohol anxiety is the peculiar strategy of putting curbs on drinking,
not to reduce its incidence — that would mar the excise takings — but to
dispirit drinkers. Dry days are ritualised inconveniences, especially corny
when they are imposed on festivals which were strongly associated with merrymaking
before they were sanitised by colonial disapproval. And in MP, until April 1,
when the rich and famous will be free to buy their freedom, they can keep only
two bottles of liquor at home. It’s a quota that would have alarmed even the
Soviets at the height of Stalinist rationing.
dis·pir·it·ing
Causing someone
to lose enthusiasm and hope; disheartening.
in·fa·my
The state of
being well known for some bad quality or deed.
pro·hi·bi·tion
The action of
forbidding something, especially by law.
night·cap
A cap worn in
bed.
e·lude
Evade or escape
from (a danger, enemy, or pursuer), typically in a skillful or cunning way.
ex·haust
Drain (someone)
of their physical or mental resources; tire out.
obsessively
Compulsively:
in a compulsive manner; "he cleaned his shoes compulsively after every
walk"
pe·cu·liar
Strange or odd;
unusual.
curb
A stone or
concrete edging to a street or path.
mar
Impair the
appearance of; disfigure.
corn·y
Trite, banal,
or mawkishly sentimental.
san·i·tize
Make clean and
hygienic.
stalinist
A follower of
Stalin and Stalinism
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Sir plz the hindu editorial ka vocab hindi me v dijiye
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