TOPIC:
General Studies 1
General Studies 2
General Studies 3
Skilling India’s expanding workforce
India’s workforce is young and growing fast where it is estimated that 250 million people will enter the labour market by 2025. India banks hugely on its demography for healthy dividend. The moot question is if the India’s emerging workforce is ready for the challenge?
Young workforce is not guarantee to success
How to improve the skill sets?
Government has taken some steps to felicitate business practice in India. The result is that India has moved up 12 places in the World Bank’s ease of doing business measure. Flexibility is an important tool for competitiveness. The countries that rank highest in the Global Talent Competitiveness Index (GTCI) have flexible labour markets as well as excellent formal and vocational training.
Making India’s economic growth sustainable through sharing economy
Conclusion
The India Economic Summit of the World Economic Forum (WEF) in October 2016 will provide a strategic platform for the WEF’s global multi-stakeholder community to discuss and debate the theme “Fostering an Inclusive India through Digital Transformation”.
TOPIC: General Studies 2:
- Indian Constitution- historical underpinnings, evolution, features, amendments, significant provisions and basic structure.
- Government policies and interventions for development in various sectors and issues arising out of their design and implementation.
(FRs v/s DPSP): Prohibition of alcohol consumption and cow slaughter
The politics of alcohol consumption and cow slaughter have, of late, been the main debate for acting without caring about how it will affect constitutional law and philosophy.
The fundamental debate was:
Can state dictate what one can eat and what one can drink or do Indian citizens have the right to drink and eat what they want?
The Patna high court’s recent judgment on prohibition of alcohol consumption in Bihar and Bombay high court’s earlier beef ban verdict—is a necessary redressal of the balance.
These judgements are a nuanced look at how the relationship between the republic and the citizen is being renegotiated within the constitutional framework.
Landmark observations:
Bihar prohibition judgment –
“With expanding interpretation of the right to privacy, as contained in Article 21 of the Constitution, a citizen has a right to choose how he lives, so long as he is not a nuisance to the society. State cannot dictate what he will eat and what he will drink.”
This time, however, the personal liberty aspect was specifically raised by the petitioners who included not just alcohol traders but also individuals asserting their right to drink reasonable quantities of alcohol in the confines of their home.
Bombay high court’s beef ban verdict –
A similar line of thinking is seen in the Bombay high court’s beef ban verdict.
The Bombay HC judgment struck down section 5 (d) of the Maharashtra Animal Preservation (Amendment) Act which criminalized the possession of the flesh of cattle slaughtered outside Maharashtra (such slaughter is banned within the state) and the court opined:
“As far as the choice of eating food of the citizens is concerned, the citizens are required to be let alone especially when the food of their choice if not injurious to health…. The state cannot make an intrusion into his home and prevent a citizen from possessing and eating food of his choice…. This intrusion...is prohibited by the right to privacy which is part of personal liberty guaranteed by Article 21.”
Fundamental Rights v/s Directive Principles of State Policy (DPSP)
These are hugely progressive steps in the evolving discourse on personal liberty but they aren’t without their challenges.
The directive principles of state policy (DPSP) – Article 47 – urge the state to prohibit the consumption of intoxicating substances that are injurious to health (though this is not a call for a blanket ban because drinking in moderate sums is, arguably, not injurious to health—a point that is made in the Bihar verdict)—and the slaughter of cows and calves and other milch and draught cattle.
What happens when the state seeks to realize these goals but also steps on the citizens’ fundamental rights?
Chief Justice of Patna gives a twist:
However, the chief justice of the Patna high court argued that -- the framers of our Constitution did not see alcohol consumption as a fundamental right because then they wouldn’t have listed prohibition as a DPSP.
When seen in this perspective, Chief Justice of Patna HC pointed out that – Fundamental Rights could be eroded to secure a DPSP — thereby militating against the principles set out famously in the Minerva Mills case (which held that Directive Principles are subordinate to the Fundamental Rights).
Understanding the Minerva Mills case:
In the Minerva Mills case (1980), the Supreme Court also held that –
‘the Indian Constitution is founded on the bedrock of the balance between the Fundamental Rights and the Directive Principles. They together constitute the core of commitment to social revolution. They are like two wheels of a chariot, one no less than the other. To give absolute primacy to one over the other is to disturb the harmony of the Constitution. This harmony and balance between the two is an essential feature of the basic structure of the Constitution. The goals set out by the Directive Principles have to be achieved without the abrogation of the means provided by the Fundamental Rights’.
Therefore, the present position is that the Fundamental Rights enjoy supremacy over the Directive Principles. Yet, this does not mean that the Directive Principles cannot be implemented. The Parliament can amend the Fundamental Rights for implementing the Directive Principles, so long as the amendment does not damage or destroy the basic structure of the Constitution.
Recent Court Judgments offers a progressive push to both law and society:
Several Supreme Court judgements had previously upheld complete beef bans.
These judgements had rejected arguments based on freedom of religion and freedom of trade because cattle preservation was considered to be in the public interest in an agrarian economy. But evidence points to a ban on cattle slaughter being the wrong way to protect that public interest.
It is also worth wondering if the courts’ zealous attitude towards cow slaughter will change as India becomes an industrialized economy. The issue of laws evolving to reflect changing social mores is touched upon in the prohibition verdict where Chief Justice of Patna HC writes,
“We have to view this concept (of personal liberty) in changing times, where international barriers are vanishing.”
Connecting the dots:
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