EDITORIALS & ARTICLES
13th May 2021
Article 311 (2) of the Indian Constitution
Recently, the suspended police officer Sachin Waze was dismissed from service by Mumbai Police Commissioner under Article 311 (2) (b) without a departmental enquiry.
Provision of Article 311 of the Constitution
- Article 311 provides two safeguards to civil servants against any arbitrary dismissalfrom their posts:
- A civil servant cannot be dismissed or removed by an authority subordinate to that by which he was appointed.
- A civil servant cannot be dismissed or removed or reduced in rank except after an inquiry in which he has been informed of the charges against him and given a reasonable opportunity of being heard in respect of those charges.
- The above two safeguards are available only to the members of the civil services of the Centre, the all-India services, the civil services of a state or to persons holding civil posts under the Centre or a state.
- It is not available to the members of defence services or persons holding military posts.
- The second safeguard of holding inquiry is not available in the following three cases:
- Where a civil servant is dismissed or removed or reduced in rank on the ground of conduct which has led to his conviction on a criminal charge; or
- Article 311 (2) (b) Where the authority empowered to dismiss or remove a civil servant or to reduce him in rank is satisfied that for some reason (to be recorded in writing), it is not reasonably practicable to hold such inquiry; or
- Where the president or the governor is satisfied that in the interest of the security of the state, it is not expedient to hold such inquiry.
What is the process of a departmental enquiry?
- In a departmental enquiry, after an enquiry officer is appointed, the civil servant is given a formal chargesheet of the charges.
- The civil servant can represent himself/herself or choose to have a lawyer.
- The witnesses can be called during the departmental enquiry following which the enquiry officer can prepare a report and submit it to the government for further action.
Can the dismissal under section 311 (2) be challenged by the government employee?
- The government employee dismissed under these provisions can approach either tribunals like the state administrative tribunal or Central Administrative Tribunal (CAT) or the courts.
NIA court allows jailed MLA to take oath
Recently, a special National Investigation Agency (NIA) court granted permission to jailed activist Akhil Gogoi to take oath as legislator of Assam Assembly.
Constitutional provisions for MLAs taking oath
- In pursuance of clause (a) of article 84 and clause (a) of article 173 of the Constitution of India, the Election Commission authorises:
- The returning officer concerned and all the assistant returning officers subordinate to him,
- All stipendiary presidency magistrates and all stipendiary magistrates of the first class, and
- All district judges and all persons belonging to the judicial service of a State other than district judges.
- Shall make and subscribe the oath or affirmation in the form set out for the purpose in the Third Schedule of the Indian Constitution.
- In pursuance of clause (a) of the said article 84 and clause (a) of the said article 173, the Election Commission hereby also authorises as the person before whom the candidate may make and subscribe the said oath or affirmation:
- Where the candidate is confined in a prison, the superintendent of the prison;
- Where the candidate is under preventive detention, the commandant of the detention camp;
- Where the candidate is out of India, the diplomatic or consular representative of India in the country where the candidate happens to be or any person authorised by such diplomatic or consular representative;
- Where the candidate is for any other reason unable to appear, or prevented from appearing before the returning officer concerned or any assistant returning officer as aforesaid.
Why Prisoners cannot vote?
- The Representation of the People Act, 1951, Section 62(5) states that "No person shall vote at any election if he is confined in a prison, whether under a sentence of imprisonment or transportation or otherwise, or is in the lawful custody of the police”.
- Chapter 43 of the Reference Handbook on the General Elections, released by the Election Commission in 2014, further excluded under-trial prisoners from voting even if their names are on electoral rolls.
- As per Section 62(5) if the Representation Act, those being held under preventive detention can participate in elections and cast their vote via postal ballots.
- In 2014, the Election Commission also confirmed that detainees had the right to vote,but not under-trials and convicts.
Provisions for jailed person to contest an election
- A 2013 amendment of Representation of the People Act provides that the person even if barred from voting shall not cease to be an elector, whose name has been entered in the electoral rolls.
- The section 3 of the Act, which deals with qualification, creates a distinction between an elector and a voter i.e. an elector is qualified to be chosen as a public representative.
- The Section 8 (1) and Section 8 (2) provide for disqualification for convictions of particular set of offences but Section 8 (3) provides for disqualification only if the sentence is for a minimum period of two years and more.
DETER committees
Recently, as Bengaluru continues to witness a daily surge in fresh Covid-19 infections and related fatalities, the state government has decided to manage pandemic at the local level.
- The Decentralized Triage and Emergency Response (DETER) Committees at ward-levels will work on the orders of the state government.
DETER Committees
- They have been formed across 198 wards in Bengaluru with the objective to strengthen government response and management of the coronavirus pandemic.
- They are being formed in the Karnataka capital, which will be overseen by the Bruhat Bengaluru Mahanagara Palike.
- They are also known as WDCs (Ward-level DETER Committees).
- These teams will emphasise on the distribution of localised action in a decentralised system of disaster response.
- They will be run in synergy with BBMP officials, ward committee members, government officers, representatives of the peoples, volunteers from resident welfare associations, civil society organisations, and disaster-support initiatives.
- WDCs will function on open-source technology with a suitable online platform identified by the BBMP for the same.
Major responsibilities of WDCs
- The WDCs will emerge as the first-point contact for those infected with Covid-19.
- It will be entrusted with the responsibility to provide timely and accurate information to citizens on appropriate actions and behaviours that need to be taken at each stage of the Covid lifecycle.
- The grievance redressal and escalate citizen needs and mobilisation of resources and essential medical supplies in the ward will also be carried out by the WDCS.
Strategy to be in place for WDCs
- The Karnataka government has formulated a ‘3E Strategy’ for WDCs to micromanage Covid-19 in a comprehensive manner.
- The 3E Strategy is explained as follows:
- Efficient admission to hospitals facilitated by community triage services;
- Efficient discharge from hospitals enabling efficient bed-turnover;
- Empowering hospitals, doctors, and their management with supportive supervision.
Mount Pumori of Everest Massif
Recently, the two Indian women mountaineers have defied all odds and a raging pandemic to become the first Indian women to summit Mount Pumori.
Key Highlights
- The mountaineers, Baljeet Kaur, of Solan district of Himachal and Gunbala Sharma of Rajasthan are part of a 12-member team that will attempt to conquer all four peaks that are part of the Everest Massif.
- The Four peaks i.e. Mt Nuptse (7,862 metres), Mt Pumori (7,161m) and Mt Lhotse(8,516m) along with the tallest mountain on earth, Mt Everest (8,848.86m) make up the Everest Massif.
Mount Pumori
- It is a mountain on the Nepal-China border in the Mahalangur section of the Himalayas.
- Pumori, meaning "the Mountain Daughter" in Sherpa language, was named by George Mallory.
- "Pumo" means young girl or daughter and "Ri" means mountain in Sherpa language.
- Pumori is a majestic 7161-meter mountain lying in the Khumbu region of Nepal.
- It is located on the Nepal-Tibet border, in the spectacular Himalayas range.
State of Healthcare in India Report
Recently, the real estate portal, which is owned by US-based News Corp and itsAustralian group firm REA, has released its report titled ‘State of Healthcare in India’.
Key Highlights
- The report ranks health infrastructure in India’s most urbanised eight cities on the basis of Housing.com’s City Health Card.
- The eight cities are Ahmedabad, Bengaluru, Chennai, Delhi-NCR, Hyderabad, Kolkata, Mumbai Metropolitan Region (MMR) and Pune.
- These rankings are benchmarked against parameters such as number of hospital beds per 1,000 people, air quality, water quality, sanitation and liveability index.
- 40 per cent weightage has been given to number of hospital beds.
- In the public healthcare system, only half a bed and 1.4 beds are available if we count public plus private hospital beds available per 1,000 people in India.
- India also has the lowest number of doctors (0.86) per 1,000 people while other major economies have between 2-4 doctors per 1,000 people.
Performance of Cities under State of Healthcare in India Report
- Pune is ranked first while Delhi-NCR is at the lowest position among eight major cities in health infrastructure-related parameters.
- Pune is the most equipped city in India, offering 3.5 hospital beds per 1,000 people.
- The top-ranked city Pune also scored significantly high on parameters such as ease of living, water quality, and performance and sustainable initiatives taken by its local government.
- Bengaluru is ranked third despite a high number of hospital beds per 1,000 people and its top ranking in the ease of living index.
- The city’s score on parameters such as air quality, water quality and availability, and municipal performance index pulled down its ranking.
- Delhi-NCR, which covers the national capital, Gurugram, Faridabad, Noida, Greater Noida and Ghaziabad, was ranked the lowest in the list.
- It is primarily because of the region’s poor scores on air and water quality, sanitation and performance of municipal bodies.
- The density of hospitals is lower in Ghaziabad and Greater Noida regions compared to Gurugram, Noida and Faridabad.
- Mumbai Metropolitan Region ranks fourth on the Housing.com’s City Health Card, with parameters such as the number of beds, air quality, and liveability pulling its overall score down.
- Hyderabad, Chennai and Kolkata occupy the fifth, sixth and seventh positions, respectively.
Recommendations under the report
- India, which is the third-largest economy in Asia, needs to significantly increase its spending on healthcare.
- India needs to focus on building quality healthcare infrastructure.
- The states should come up with more reformative measures to ensure a larger number of its citizens are able to afford housing, which acts as a preventive measure against health risks.
Amphotericin B
A sudden increase in demand has been observed in some states for Amphotericin B which is being actively prescribed by the physicians to patients suffering from Mucormycosis, a post COVID complication.
Amphotericin B
- It is fungistatic or fungicidal depending on the concentration obtained in body fluids and the susceptibility of the fungus.
- The antibiotic is without effect on bacteria, rickettsiae, and viruses.
- The drug acts by binding to sterols (ergosterol) in the cell membrane of susceptible fungi.
- It creates a transmembrane channel and the resultant change in membrane permeability allowing leakage of intracellular components.
- Amphotericin B, a polyene, binds irreversibly to ergosterol, resulting in disruption of membrane integrity and ultimately cell death.
Importance of Amphotericin B
- It shows a high order of in vitro activity against many species of fungi.
- Histoplasma capsulatum, Coccidioides immitis, Candida species, Blastomyces dermatitidis, Rhodotorula, Cryptococcus neoformans, Sporothrix schenckii, Mucor mucedo, and Aspergillus fumigatus are all inhibited by concentrations of amphotericin B.
- It is a polyene antifungal antibiotic produced by Streptomyces nodosus, with antifungal activity.
Sovereign Gold Bond Scheme 2021-22
Recently, the Government of India, in consultation with the Reserve Bank of India, has decided to issue Sovereign Gold Bonds for 2021-22.
Sovereign Gold Bond Scheme
- It is to be issued by Reserve Bank of India on behalf of the Government of India.
- The Bonds will be denominated in multiples of gram(s) of gold with a basic unit of 1 gram.
- The tenor of the Bond will be for a period of 8 years with exit option after 5th year to be exercised on the next interest payment dates.
- The Gold Bonds will be issued as Government of India Stock under GS Act, 2006.
- The investors will be compensated at a fixed rate of 2.50 percent per annum payable semi-annually on the nominal value.
- The interest on Gold Bonds shall be taxable as per the provision of Income Tax Act, 1961 (43 of 1961).
Selling of Sovereign Gold Bond Scheme
- It will be sold through Scheduled Commercial banks, Stock Holding Corporation of India Limited (SHCIL), designated post offices, and recognised stock exchanges.
- The Small Finance Banks and Payment Banks are excluded from selling Sovereign Gold Bond Scheme.
Eligibility under Sovereign Gold Bond Scheme
- The Bonds will be restricted for sale to resident individuals, HUFs, Trusts, Universities and Charitable Institutions.
- The minimum permissible investment will be 1 gram of gold.
- The maximum limit of subscription shall be 4 KG for individual, 4 Kg for HUF and 20 Kg for trusts and similar entities per fiscal.
- In case of joint holding, the investment limit of 4 KG will be applied to the first applicant only.
- The bonds acquired by the banks through the process of invoking lien/hypothecation/pledge alone, shall be counted towards Statutory Liquidity Ratio.
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