Category Archives: News

Maintaining the ecological balance

29 September 2021(https://www.dailypioneer.com/2021/columnists/maintaining-the-ecological-balance.html)

By Devender Singh Aswal
(EX-Additional Secretary, Lok Sabha)

The objective of environmental laws is to conserve, sustain and manage the environment without which the ‘right to life’ remains inconceivable

You must show it is a ministry for environment and not just of environment”, chastised the Supreme Court as recently as in June, 2021, when the Ministry of Environment, challenged the order of the National Green Tribunal (NGT) finding faults with a government notification of 2017, diluting effluent discharge norms for the sewage treatment plants. The Court bemoaned the constant dilution of environmental standards and refused to stay the NGT order.

In a landmark judgement passed on August 31, 2021, the Court refused to interfere with the judgment of the Allahabad High Court directing the demolition of the 40-storey twin towers constructed by a real state major in Noida in contravention of the environmental and other building bye-laws.

The Court has through such judgments expanded the ambit and the scope of article 21 which declares that “no person shall be deprived of his life or personal liberty except according to procedure established by law…”. The Court overruled its judgment in AK Gopalan vs the State of Madras (1950) and in Maneka Gandhi vs the Union of India (1978) and held that “the procedure” under Article 21 has to be fair, just and reasonable and would also have to be tested with Article 14.  In their latest judgement in KS Puttaswamy vs Union of India, a nine-judge bench unanimously held the right to privacy as an integral part of fundamental rights. In the same judgment, it also upheld the minority view of Justice HR Khanna in the ADM Jabalpur case (1976) who had held that “right to life is inalienable” and that it existed before “the advent of the Constitution”.

The right to life is guaranteed and not granted. The enjoyment of the right to life is inconceivable without safe and sustainable environment. And the courts ensure this connection between the two. Article 142 empowers the Court to pass such decree or order as may be necessary to render complete justice. Under this Article, the Court can “fashion new tools, forge new methods, innovate new strategies and evolve a new jurisprudence” so as to render complete justice. It has done precisely that to respect the link between environment and right to life.

The objective of environmental laws is to conserve, sustain and manage the environment so that life remains sustainable. The Constitution casts an obligation on the State to protect and improve the environment and to safeguard the forests and wildlife, rivers and lakes and also to have compassion for living creatures. The 42nd Constitution Amendment removed forests and wildlife from the State List of the Constitution and included them in the Concurrent List.  Article 48A, a Directive Principle of State Policy, and Article 51A, both inserted by the 42nd Amendment, cast an obligation on the State as well as on the citizens to endeavour to protect and improve the natural environment, water bodies and to safeguard the forests and the wildlife. The Parliament has enacted laws for protection and conservation of environment, wildlife, and prevention of water and air pollution.  Despite a wide array of environmental laws and India’s declared commitment to sustainable development made as early as 1992 at Rio Conference, due to wide gaps, omissions, contraventions and inadequacies in environmental governance, there have been a large number of public agitations, movements and protracted litigations to conserve and preserve the environment. The apex Court through a catena of pathbreaking judgments intertwined the right to life with sustainable environment.

In MC Mehta vs Union of India (1984), the Court issued a series of directives, banning coal-based  and other industries in the immediate vicinity of the Taj. Directions were also issued for making suitable traffic arrangement and creation of a tree belt to insulate the Taj from pollution. In 1985, the Court directed that the polluting industries/tanneries set up sewage treatment plants at their own cost and discharge treated water in the river. The Court in another case ordered relocation of hazardous and noxious industries operating in Delhi and directed mandatory conversion of conventional fuel by compressed natural gas. In Subhash Kumar vs State of Bihar (1991), the Court held that the Right to get pollution free water and air is a right under Article 21. Public health and ecology were held to be priorities under Article 21. In TN Godavarman Thirumulkpad case (1995), the Court ruled that no forests, national park or wildlife sanctuary can be de-reserved without its explicit permission and that no on-forestry activity will be permitted in a national park or wildlife sanctuary, among others. The Court also imposed complete ban on cutting trees and moving timber from the north-eastern states and felling of trees in Uttarakhand, Himachal, J&K and the hilly areas of West Bengal. In MC Mehta vs Kamal Nath (1996), the Court held that leased forest land was situated on the bank of river Beas being fragile, cannot be converted into private ownership. The Court quashed the lease and passed order to pay the compensation for restitution of environment and ecology of the area.

In Indian Council for Enviro-legal Action Etc. case (1996), the Court held that the industries producing chemicals like Oleum and Sludge Phosphate which caused damage to nearby villages were responsible for the damages on the principle of “polluter pays”.  In Vellore Citizens Welfare Forum case (1996), observing that the river Palar was the main source for drinking and bathing for the people nearby, the Court granted the relief sought by the petitioners.

The Court directed to maintain ecological balance in Narmada Bachao Andolan vs Union of India (2000). In KM Chinnappan and T. N. Godavarman Thirmalpad vs Union of India (2002), the Court ruled that the “the State and the citizens are under obligation to protect and improve the environment, including forests, lakes, rivers, wildlife and to have compassion for living creatures”. In the Research Foundation for Science Technology National Resource Policy vs Union of India and Another (2005), the Court read procedural guarantees into Article 21, that is, the right to information and community participation for protection of environment and human health.  Almitra H. Patel & Ors. vs Union of India & Ors. is a case that comprises of a series of a petitions made before the Supreme Court in 1996.  In compliance of the directions of the Court, rules were evolved for the management and handling of hazardous wastes. In yet another case — MC Mehta vs Union of India — the Court passed an order in December 2015 for diversion of commercial vehicles coming from the adjoining States so as to bring down pollution level in Delhi and also directed that all manner of commercial taxies run on CNG.

The judgements of the apex Court have fostered sound environmental jurisprudence, reminding us of the deep veneration and gratitude of the Vedic seers to Mother Earth for sustaining life.  The Prithvi Sukta of the Atharva Veda, exhorts for keeping the Earth free from human pressure so that it is able to nourish us. The Court has broadened the horizon of the right to life and conjoined it with environment by enunciating sound principles like, the polluter pays, the precautionary principle, inter-generational equity, the public trust principle, etc.

(The writer is former Additional Secretary Lok Sabha, an author and  writes on constitutional and parliamentary matters.)

Games politicos play

    18 July 2020 (https://www.dailypioneer.com/2020/columnists/games-politicos-play.html)
    By Devender Singh Aswal (EX-Additional Secretary, Lok Sabha)


The high political theatre in Rajasthan and earlier in Madhya Pradesh has yet again brought to the fore the efficacy or otherwise of the anti-defection law enshrined in the Constitution by the 52nd Amendment, which was later further amended by the 91st Constitution (Amendment) Act, in 2003. The sum and substance of these constitutional amendments is that a member of the legislature, whether of the Union or the State Legislature, shall be disqualified, if s/he is disqualified under the Tenth Schedule. The precise grounds for disqualification of a legislator, as per the Tenth Schedule are, if s/he has voluntarily given up his/her membership of such political party, or if s/he votes or abstains from voting in the House contrary to the direction or the whip issued by the political party s/he is a member of.

However, in the case of merger of not less than two-thirds of the members of the legislative party with another party, the anti-defection law will not apply. The competent authority to decide the question of disqualification is the presiding officer, the Chairman/Speaker, which, after the judgment of the Supreme Court in the Kihoto Hollohan vs. Zachilhu and others, case in 1992, can be a subject of judicial review.

The burning question is whether Sachin Pilot, Congress MLA in the Rajasthan Vidhan Sabha, has incurred disqualification under the Tenth Schedule.  He has been removed from the post of Deputy Chief Minister of Rajasthan and the post of Pradesh Congress Committee president, for breaching party discipline. There were reports of the Rajasthan Congress legislative party having issued showcause notices to Pilot and his loyalist legislators  to explain why disciplinary action should not be initiated against them for defying the party. Pilot surprised everyone by moving court and the Division Bench of the Rajasthan High Court has taken up the petition  filed by him and 18 MLAs against the disqualification notices issued to them by Assembly Speaker CP Joshi. The court has not allowed any action against the leader and the MLAs till Tuesday.

The fact remains that every party is empowered under its constitution to enforce discipline within its ranks for the larger objective of attaining its political goal. No doubt, without discipline, political parties would be reduced to a mere horde of power-hungry people without any sound political moorings and identity. The moot point is whether the Congress Party can get Pilot and his loyalist legislators disqualified under the anti-defection law. Apparently, Pilot and his fellow MLAs have neither defected, nor voted or abstained from voting against the party whip in the Vidhan Sabha. The law of defection, in a way, can be likened to the three principles of criminal jurisprudence which require twin tests of mens rea and actus reus in order to constitute a criminal offence. Mere probability of defection cannot be a ground for disqualification, except that a political party can expel such members from the legislature party. Such members can be declared as “unattached” by the Speaker but cannot be disqualified in view of the clear legal provision.

How political parties govern themselves — whether they promote democratic, collegial or high command-centric leadership — is their internal matter on which they flourish or perish in course of time. In an all-India political party, inherently, there will be internal struggle among the leaders for higher positions. Eventually, it is the survival of the fittest, i.e. the leader who garners maximum support within the party. Yet, such a leader cannot last long if he is autocratic, exceedingly self-centred and undermines the dignity of his colleagues and party functionaries who gave their sweat and blood to build the matrix.

In Rajasthan, there is a political limbo for the moment and the ball is now in the court of Pilot. It is up to him whether he resigns along with his fellow MLAs from the Congress Party and the legislature and contests another election by forming a new party or joins the mainstream rival party, which of course he has openly ruled out.

To acquire power “is a general inclination of mankind, a perpetual, restless desire that ceases only in death.”  To nurture ambition is not prohibited by the anti-defection law which only seeks to curb the evil of unprincipled defection.

Interestingly, politics, being a river, is not always the same. In Madhya Pradesh, Congress Chief Minister Kamal Nath had to resign when he saw the writing on the wall, which made it clear that he had lost majority support in the Vidhan Sabha. What happened was inconceivable but its roots lay in the autocratic, exclusionary and factional politics of the Chief Minister.

Jyotiraditya Scindia, disgruntled with the Congress Party, accused it of “rampant corruption” and resigned from the Vidhan Sabha  along with 22  MLAs loyal to him. This brought about the fall of Kamal Nath and the reinstatement of Shivraj Singh Chouhan of the BJP as the Chief Minister.

Scindia later joined the BJP with his supporters on March 11. But in a brazen mockery of the Constitution, 14 MLAs of the 22 Scindia loyalists, who had resigned from the Vidhan Sabha, were inducted into the Council of Ministers in the second Cabinet expansion. Of the 34 Ministers, including the Chief Minister, 14 are Scindia loyalists, creating acrimony within the BJP. What is most intriguing is that these 14 Scindia loyalist Ministers are not members of the Vidhan Sabha. Articles 75(5) and 164(4), couched in almost identical words, provide that “a Minister who for any period of six consecutive  months is not a member of the Legislature of the State, shall at the expiration of that period, cease to be a Minister.” Now these 14 Ministers will have to get elected before the expiry of six months from the date they were sworn in.

The Constitution provides an enabling mechanism to induct talent in the Council of Ministers if it is not available within the duly-elected legislature. There have been many instances in the past, especially at the Union level, when non-members were made Ministers and later they were elected to the Lok Sabha or the Rajya Sabha. For instance, PV Narasimha Rao was not a Member of Parliament (MP) when he was sworn in as the Prime Minister of the country. He later contested from Nandyal in Kurnool district of Andhra Pradesh and got elected to the Lok Sabha.

Similarly, Deve Gowda was not an MP when he was sworn in as the Prime Minister  in 1996. He was elected to the Rajya Sabha. In February 1995, Pranab Mukherjee, not an MP then, was sworn in as Minister and he briefly held the External Affairs portfolio but could not be elected to Parliament due to a certain tussle with the then redoubtable TN Seshan, the Chief Election Commissioner of India. Mukherjee had to resign and he was later made the Deputy Chairman of the Planning Commission by Narasimha Rao. In the same way, Subrahmanyam Jaishankar, a career Indian Foreign Service officer, was inducted into the Narendra Modi Cabinet and later elected to the Rajya Sabha.

But in Madhya Pradesh, this enabling mechanism was used wholesale to promote a political rift,  create a split and engender the downfall of an elected Government.  Obviously, no disqualification was incurred, so to speak, on the ground of defection. But the question is much larger, as it involves the spirit of the anti-defection law. The Constitution (52nd Amendment) was enacted to curb the evil of defection, considering it a serious threat undermining the very foundations of democracy and the lofty principles which sustain it.

The manner in which the intent of the anti-defection law has been brazenly thwarted calls for its review, including the need to debar anyone from becoming a Minister without first getting elected to the legislature and debarring such members from contesting elections for at least three years.

(The writer is former Additional Secretary Lok Sabha, an author and  writes on constitutional and parliamentary matters.)

THE OLD ORDER CHANGETH YIELDING PLACE TO NEW

    16 Jul 2020 ( Please visit this link to read Hindi version of this article https://www.jagran.com/editorial/apnibaat-new-parliament-house-better-to-have-new-building-equipped-with-facilities-than-old-and-weak-building-of-parliament-20516701.html )
    By Dr. Yogendra Narain (Ex-Secretary General, Rajya Sabha)


The present Parliament Building planned, designed and constructed under the supervision of Lutyens and Herbert Baker was inaugurated on 18th January 1927 by the then Governor General of India Lord Irwin.

It was meant primarily to house the Central Legislative Council. The Central Hall was designed to be the reading room of the Library of the Central Legislature. It was remodeled in 1946 when seating arrangements had to be  made for the meetings of the Constituent Assembly by providing 396 seats on cushioned benches with folding flaps attached to the desks in front.

The Central legislature set up under the Government of India Act 1919, consisted of two Chambers , namely the Council of States with a membership of 60 and the Legislative Assembly with a membership of 145. The Chamber of the Legislative Assembly was again remodeled in 1947 to accommodate a much larger number of members when the Constituent Assembly took over the functions of the Central Legislature. The seating capacity was further increased  to meet the requirements of the Provisional Parliament and of the new House which came into being after the first General Elections of 1952. In 1955, the total number of seats, which had by then gone upto 461 was further raised to 499. Subsequently the seats went up to 522, then to 530 and now presentlyupto 550 seats within the same building. Some of these extra seats, which were added, are,because of lack of space,located behind the standing pillars of the Lok Sabha and present an unseemly sight!

Though the number of members of the Lok Sabha has been frozen bya  constitutional amendment, to the strength which existed based on the 1971 census and will not be increased till the first census after 2026, the strength is bound to increase after 2026.If the same ratio between the population of a constituency and the elected legislator is maintained, the strength of the Lok Sabha members will increase to almost 900 if not more. Where will they sit? How will they vote and how will they be heard? A new Parliament building with modern state of the art infrastructure is a must, and the planning must start now.

The present Parliament building has been tinkered with, from time to time , to meet adhoc requirements of the two Houses. A Canteen for members of Parliament, as well as the staff and guests, as well as journalists run by the Railways was set up  out of the existing structure without considered planning. Its waste flows through old broken pipes to the sewerage system underneath.

The sewerage system, underneath the Chambers is in a dilapidated condition. I remember that one day,when I was Secretary General Rajya Sabha, a foul smell enveloped the entire Parliament building. The members refused to sit in the Halls as the smell was nauseating. The House had to be adjourned and the Engineers were directed to rectify the sewerage. They had a difficult time finding the maps of the building and locating the source of the smell! It is such an old building.

When we used to visit Parliaments abroad we found a world of  difference. All European Parliaments are equipped with state of art facilities. Face recognition systems are in place. Their meeting halls are fitted with state of the art acoustics and voting systems. Our voting systems with lighted boards often fail as they are outdated.

In India when foreign dignitaries address Joint Houses of Parliament in the Central Hall ,there are not enough seats for the members of both the Houses. Further the seating for members of foreign missions is cramped. The members of the Press do not get proper sitting space. It is an embarrassing sight seeing even Ambassadors and other invited dignitaries trying to find sitting space , even though they have been formally invited.

Keeping in view all these factors as well as the probable expansion of the Houses in future,it is essential to have a  Chamber to cater to the joint sitting of at least 1350 members. A new Chamber for the Lok Sabha of this capacity would be able to cater to the joint sitting of the two houses as well as the President’s address.

It has also to be kept in mind that the Parliament building should be able to cater to the working of the twenty four Parliamentary Committees. When the present Parliament was constructed there were no Standing Parliamentary CommitteesToday ,the position is that there is not enough space for holding of the meetings of the Parliamentary Committees and every time one has to do space location finding,whenever a sitting of the Committee is decided upon.

When Parliament is in session, it becomes necessary for the Ministers to be present in the Parliament House for the major part of the day. A number of rooms are placed at the disposal of the Leader of the House during session periods for allotment to Ministers. Office accommodation is also provided for Chairmen of Parliamentary Committees, which are now twenty four in number. As all these rooms have been carved out, literally from the existing structure, they present an awful sight. Ambassadors who call on the Ministers as well as members of the public go back with adverse impressions of the working of Parliament.

In sharp contrast are the rooms of the Senators and their staff  in the US Senate and the US House of Representatives. Their cleanliness, and the spacious rooms constructed for them, leave the impression of an efficient working democracy. All the rooms are connected underground and we even have golf carts to transport visitors and members of the Congress from one end to another.

The Secretariat staff of both the Lok Sabha and the Rajya Sabha has also increased substantially. There areabout 2000 employees and officers of the Lok Sabha and more than 1200 employees andofficers of the Rajya Sabha. They don’t have adequate space to sit and this affects their output. The new Secretariat Annexe has eased the accommodation to a certain extent for the Lok Sabha employees but not so for the Rajya Sabha employees.

Another reason why we should have a new Parliament building is for reasons of security. There is no nuclear and biological warfare shelter for the members of Parliament. If there is a nuclear or biological attack, there is no place to go. This was also the recommendation of a high level security team which inspected the Parliament building. The fire fighting arrangements are also primitive.

I am glad to note that the present government is thinking on the plans for a new Parliament building. It is a necessity. Instead of spending more than₹ 25 crores every year on maintaining this crumbling structure a new building with modern fittings and modern lighting  and  fire fighting systemsshould be constructed. Our Indian architects and our Indian construction workerswith utilization of local materials can construct a new Parliament which will have an Indian flavor. It should be a model and a showpiece for the democracies of the developing world.This will also improve the Central vista, along with the other reorganization plans on the anvil.

The existing Parliament building should become a Museum to showcase the early stages of Parliamentary democracy in India.

(The author has been the Secretary General of Rajya Sabha from September 2002 to September 2007.)

Virtual Parliament to Corona Combat


The corona pandemic has made the traditional parliamentary proceedings untenable. So, parliaments around the world are adapting to the unprecedented health challenge thrown by the novel coronavirus. Many Parliaments have become virtual or hybrid to facilitate remote participation by the members. Some Members of the Opposition in our parliament are demanding, and rightly, virtual committee sittings as they meet more frequently during the recess. The committees – hailed as ‘parliament at work’ – too need to have remote participation as they transact a great deal of business and exercise unremitting oversight over the government. The Monsoon Session of parliament is almost two months away. It’s therefore opportune to go virtual, or to begin with, have a hybrid parliament to enable the MPs carry out their constitutional duties during the Corona pandemic or till the threat persists.

Notably, the European Union Parliament switched over to online voting from 26 March. Britain’s House of Commons, a great stickler for its hoary customs and conventions, made history on 21 April, 2020, by approving a new measure allowing some business to be done remotely. Following the markings to stay six feet apart from one another in the chamber, some MPs will be allowed to physically attend the chamber, as part of a “hybrid” approach’ said the Speaker, Lindsay Hoyle, which is ‘a first step toward a completely virtual Parliament’. Tynwald, the parliament of The Isle of Man, a British protectorate- and considered to be the oldest continuous parliament, became virtual before the British House of Commons. The virtual sittings of the House of Commons, Canada have also started. Brazil, Spain, Norway and Finland have amended their laws to allow remote sittings. Maldives, a tiny island, has also started hosting remote plenary and committee sittings and New Zealand has set up a special parliamentary committee which, sitting remotely, conducts government scrutiny.

The Indian Constitution, unlike the Australian Constitution, does not mention the place of assembly of MPs in session yet the summons issued by the President under clause (1) of article 85 of the Constitution, mentions New Delhi as the place of assembly and also the appointed date and time. Clause (3) of article 100 provides that ‘Until Parliament by law otherwise provides, the quorum to constitute a meeting of either House of Parliament shall be one-tenth of the total number of members of the House’, making it unambiguously clear that the MPs have to be physically present. Clause (1) of article 118 empowers each House of Parliament to make rules for regulating, subject to the provisions of the Constitution, its procedure and the conduct of business. The validity of the proceedings in Parliament cannot be called in question in a law court on the ground of any alleged irregularity of procedure [art.122(1)]. In view of the explicit constitutional provision and the unbroken practice of holding the sittings of Parliament physically, it necessitates changes in the Rules of Procedure and Conduct of Business of both the Houses to hold sittings of the Houses in virtual or hybrid form so as to enable MPs to participate in the proceedings from their remote locations. In a hybrid Parliament, since there would be physical quorum satisfying the minimum constitutional requirement, the Constitution need not be amended except for a complete virtual Parliament. Requisite changes can be effected in the rules and suitable procedure devised by building consensus amongst leaders of political parties and groups but the initiative for the virtually enabled parliament has to come from the Government.

Since Parliament cannot assemble physically due to social distancing norm or lockdown, it must work differently, being the guardian of our democracy. Parliamentarians’ continued scrutiny and support is essential to maintaining public trust and confidence in the government’s pandemic strategy. The flaws and pitfalls can be revisited and course corrections made by the government when different – often discordant – voices from across the socio-political spectrum and geographical spread find resonance in parliament. So the rules ought to be amended to enable the parliamentarians to conduct their core constitutional duties of holding the government to account, passing legislation (which will entail online voting or decision by each member), and performing their representational functions. This also calls for identifying and prioritising essential business during the crisis, leaving certain matters like private members’ business for physical parliament. The Lok Sabha and the Rajya Sabha chambers are commodious enough to meet the requirement of quorum if members stay six feet apart from one another as per the distancing norm. Once the government and the benches opposite see eye to eye, technical and procedural changes, being matters of detail, can be thrashed out consensually. In fact, started by Somnath Chatterjee and pursued tenaciously by the successive speakers, considerable work has already been done for an e-parliament. Surely, our parliamentarians, an overwhelming majority of them, will welcome the virtual/hybrid Parliament, as a temporary measure enabling participation in the House/committee proceedings from remote locations. Hopefully, adversarial party politics will take a back seat in a time of national crisis and parliamentary scrutiny will help course correction where needed and inspire greater public confidence in the pandemic strategy of the government. Albeit public galleries would be deserted and the debates devoid of the usual sound and fury and disruptions, yet a virtual parliament is preferable to parliamentary lockdown. There will be technical glitches and bumps along the way, but parliament must modernise, innovate and go virtual to meet the new challenges. This will also further the goal of digital India and make our democracy more participatory, inclusive and accountable.

Devender Singh Aswal is ex-Additional Secretary, Lok Sabha, and author of many books on parliament.

Top 8 tips in taking care of mental health | COVID-19 pandemic

    20 April 2020
    By PARI Staff Reporter

At a time when the world is going through a severe health crisis, it is important to take care of one’s mental health along with physical health. The outbreak of COVID-19 has meant that many countries in the world have imposed differing degrees of lockdowns to break the chain of contamination. However, these lockdowns can be both stressful and anxiety causing and hence, taking care of one’s mental health is crucial.

It is important to remember that everyone reacts differently to stressful situations and may be differently affected by the COVID-19 pandemic. The World Health Organization (WHO) recognizes that the COVID-19 pandemic is causing panic, anxiety, loneliness, hopelessness, and depression amongst all kinds of people, but especially amongst the elderly, people with chronic diseases, people with already existing mental health issues, children, health care service providers, and caregivers.

Findings of studies
Samantha Brooks had conducted a study on the psycho-social effects of pandemics like SARS, H1N1, and Ebola. This study reveals that long periods of self-isolation can lead to rising trauma, rage, tiredness, and abuse (Brooks et al., 2020). While the practice of physical distancing is an effective strategy to combat COVID-19, it means that we have to be isolated. It is something that humans are not often used to.
In fact, data collected from Google trends (an online search tool that helps in understanding how many times a particular phrase or keyword has been googled in a specified time period) show that stress levels of people in India have increased during this period of lockdown. Along with it, search for therapists has also risen (Dantewadia, 2020). This is an indication of the fact that people are facing psychological problems.
As such, it becomes imperative to reflect on what we as individuals can do to take care of our mental health in these circumstances. Below is a curated list of tips and activities that can help us in taking care of our mental health.

Tip 1: Staying connected
As most of us are practicing physical distancing, it is useful to remember that we can still maintain social solidarity. We can stay connected to our loved ones through digital methods (phone calls, texts, video calls). Regular interaction will help us in sharing stories and experiences that may be similar and can inspire each other (World Health Organization, 2020). We must also stay in touch with people who have been dealing with issues of mental health before the COVID-19 crisis (World Federation for Mental Health, 2020). They require special attention in these times.

Tip 2: Building solidarity
One of the things that can help us keep our mental health in check during these times is realizing that it is a crisis of humanity and that we cannot fight it alone. Hence we should focus on building and maintaining social solidarity as COVID-19 affects all of us. We need to be both empathetic and sympathetic towards each other and think as a global community (Amitabh, 2020).

Tip 3: Maintaining positivity
Listening to positive stories can be an effective way of ensuring good mental health in times of crises. While there is a lot of focus on the increasing number of cases of affected people, it is also essential to talk about stories of people who have recovered, as well as about how people are showing solidarity with each other (World Health Organization, 2020).

Tip 4: Following a regular schedule
While we acknowledge that these are unprecedented times and it is difficult to be productive and efficient, at the same time, we must try and follow a routine as much as possible. It is better to take breaks from the news and follow one’s daily schedule as much as we can (Centres for Disease Control and Prevention, 2020). But at the same time, it is also important to remember that even if we cannot be productive all the time, it is okay. The pressure of deadlines and accomplishing professional goals can further increase anxiety and worsen one’s mental health (Amitabh, 2020). Therefore, we should focus on maintaining a healthy work and life balance.

Tip 5: Doing exercise and eating a balanced diet
Even if we cannot go out, we can do some forms of indoor exercises like yoga. Climbing stairs can also be a form of exercise that can be done at home. Along with exercise, it is also important to practice healthy eating and consume a balanced diet (Centres for Disease Control and Prevention, 2020). A good combination of exercise and food can keep one in good spirits.
Getting regular exercise and healthy food is particularly important for people who have chronic forms of illnesses like diabetes and hypertension. These are also the people who are at increased risk from COVID-19 and hence need special care.

Tip 6: Staying away from rumours and unverified news
Most crises lead to the spread of rumours around them and the COVID-19 pandemic is no different. We must stay away from rumours, sensational media coverage, and fake news (Ministry of Health and Family Welfare, Government of India, 2020). Wrong and misleading information can lead to increased anxiety and panic and hence it is advisable to believe only authorized sources of information. Social media forwards, quick home-based cures, and unverified data can only worsen the situation (Amitabh, 2020). At the same time, it is also important to take a break from watching news that can trigger us mentally and create panic.

Tip 7: Recognizing the importance of mental health
Most of us do not even realize that we may be undergoing issues of mental health and ignore them. But the fact is, in order to deal with these issues, we must acknowledge the importance of mental health. Only then, we will be able to understand how to take care of both ourselves as well as our loved ones (Ministry of Health and Family Welfare, Government of India, 2020).

There can also be varying needs for different categories of people, and thus everyone needs to take care of their mental health accordingly. For instance, children and adolescents require more attention from their parents as they are at home and their contact with people is reduced. Even amongst children, the ones with special needs require extra care (Lee, 2020). We have to take into account their mental health and deal with it accordingly. Similarly, people with chronic diseases and the elderly, who are more at risk, require constant empathy and care to be able to handle their anxieties.

There is also the need to think about people who have been suffering from mental health problems even before the onset of the crisis. They are especially vulnerable. The importance of mental health, thus, is very important in this situation.

Tip 8: Removing the fear and stigma around COVID-19
As mentioned above, we should be able to deal with our mental health issues and act as a global community. But that is possible only if we treat COVID-19 as just another disease and break the fear and stigma that surround it. It is beneficial to keep in mind that it can be treated and there is no reason to panic even if the disease is contracted. At the same time, we need to treat COVID-19 patients with love and empathy and not stigmatize them. If friends and family are already going through a major health crisis, and as such, need better care. Keeping fear and stigma at bay is good for our mental health.

Summing up
While recognizing the fact that we are going through an unprecedented health crisis, at the same time, we must be thankful to our health care service providers. This also includes mental health professionals. Similarly, we require due recognition of the importance of mental health as well as acknowledgement of the fact that all of us are in this together. A pandemic is a moment of crisis for humanity as a whole, an event in time that should make us think as a whole and maintain positivity and hope. We should stay away from unverified news and act towards removing the stigma attached to the disease. Only then, can we all achieve good mental health. After all, there is no health without mental health.

References:
Brooks, Samantha, R.K. Webster, L. E. Smith, L. Woodland, S. Wessley, N. Greenberg and GJ Rubin, (2020), The psychological impact of quarantine and how to reduce it: rapid review of the evidence, Rapid Review, 305(10227): 912-920, accessed on 1st May 2020 from https://www.thelancet.com/action/showPdf?pii=S0140-6736%2820%2930460-8

Dantewadia, Pooja, (2020), Lockdown impact, as per Google, retrieved on 1st May 2020 from https://www.livemint.com/news/india/what-google-tells-us-about-lockdown-impact-on-indians-11587990564001.html

World Health Organization, (2020), Mental health and psychosocial considerations during the COVID-19 pandemic, retrieved on 30th April 2020 from https://www.who.int/docs/default-source/coronaviruse/mental-health-considerations.pdf

World Federation for Mental Health, (2020), Mental Health and COVID-19, retrieved on 1st May 2020 from https://wfmh.global/mental-health-and-covid-19-appeal/

Amitabh, Utkarsh, (2020), It’s time you extended empathy digitally as well, retrieved on 1st May 2020 from https://www.livemint.com/mint-lounge/business-of-life/it-s-time-you-extended-empathy-digitally-as-well-11585582386790.html

World Health Organization, (2020), Mental health and psychosocial considerations during the COVID-19 pandemic, retrieved on 30th April 2020 from https://www.who.int/docs/default-source/coronaviruse/mental-health-considerations.pdf

Centres for Disease Control and Prevention, (2020), Stress and Coping, retrieved on 30th April 2020 from https://www.cdc.gov/coronavirus/2019-ncov/daily-life-coping/managing-stress-anxiety.html#community

Amitabh, Utkarsh, (2020), Relax, it’s okay if you are not being productive, retrieved on 1st May 2020 from https://www.livemint.com/mint-lounge/business-of-life/relax-it-s-okay-if-you-re-not-being-productive-11586871430443.html

Centres for Disease Control and Prevention, (2020), Stress and Coping, retrieved on 30th April 2020 from https://www.cdc.gov/coronavirus/2019-ncov/daily-life-coping/managing-stress-anxiety.html#community

Ministry of Health and Family Welfare, Government of India, (2020), Minding Our Minds during the COVID-19, retrieved on 1st May 2020 from https://www.mohfw.gov.in/pdf/MindingourmindsduringCoronaeditedat.pdf

Amitabh, Utkarsh, (2020), How a Pandemic Affects Mental Health, retrieved on 1st May 2020 from https://www.livemint.com/mint-lounge/business-of-life/how-a-pandemic-affects-mental-health-11587562021072.html

Ministry of Health and Family Welfare, Government of India, (2020), Minding Our Minds during the COVID-19, retrieved on 1st May 2020 from https://www.mohfw.gov.in/pdf/MindingourmindsduringCoronaeditedat.pdf

Lee, Joyce, (2020), Mental health effects of school closures during COVID-19, retrieved on 1st May 2020 from https://www.thelancet.com/action/showPdf?pii=S2352-4642%2820%2930109-7

Making India the global hub of higher education

    July 25, 2019 (https://www.thestatesman.com/opinion/making-india-the-global-hub-of-higher-education-1502781786.html)
    By Devender Singh Aswal (EX-Additional Secretary, Lok Sabha)


After Ayushman Bharat, the largest health insurance scheme of the world, the next ambitious agenda of the Modi government is to make India one of the leading global hubs of higher education. According to the All India Survey of Higher Education-2018 (AISHE- 2018), the country has 907 universities and 50,000 higher education institutions with enrolment of 33 million students. The Indian higher education system is the third largest with USA and China being the first and the second respectively in quantitative terms.

According to the Association of Indian Universities, India has huge potential to attract and retain international students. Currently, the country has more than 79,000 foreign students enrolled against 700,000 Indian students studying abroad. Conscious of India’s great potential, the finance minister in her first budget speech announced that the Government will bring in a New National Education Policy to transform India’s higher education system to one of the world’s best.

A National Research Foundation will be set up to fund, coordinate and promote research in the country. The FM also assured to make concerted efforts to boost the international ranking of Indian universities by making a provision of Rs 400 crore under the head of ‘World Class Institutions’. A new programme ‘Study in India’ will focus vigorously on incentivizing foreign students to study in higher educational institutions in India.

Considering that there has been limited or little thrust on internationalisation of higher education, it is worth noting that the process and the implications of internationalisation in/of higher education is addressed by the Draft National Education Policy-2019 (DNEP). The DNEP provides, inter alia, a timely transformative approach towards promoting internationalisation of higher education in India. The DNEP envisions a robust programme of internationalisation by facilitating student and faculty mobility, establishing international partnerships for research, cross-border delivery of higher education programmes, easing the processes of enrolling students from around the world, as well as the feasibility of carrying credits across institutions in multiple countries.

The DNEP also takes cognisance of India’s illustrious educational history by taking note of international reputation of the University of Takshashila (700 BCE) and Nalanda (7th century CE) which attracted students from all over the world. To this end, the DNEP calls for a robust programme for “Internationalisation at Home”. In other words, there is a need to enable a conducive ecosystem to attract international students to India and enable support to Indian students moving abroad.

The 1986 National Policy on Education, aligned to the spirit of international peace and cooperation, provides emphasis on the role of ‘education to strengthen this world view and motivate the younger generations for international co-operation and peaceful co-existence’. Hence, ‘internationalisation at home’ is a unique strategy envisaged by the DNEP-2019 vis-à-vis the previous National Policies on Education, namely those of 1968, 1986 and 1992 with some corrections. The focus is quite aptly on the creation of a nationally and internationally competitive system of education.

It also highlights the importance of and the need for National Higher Education Qualifications Framework (NHEQF) aligned with global standards for students to receive internationally recognised qualifications. There is significant stress on the importance of collaboration between foreign and Indian institutions for facilitating twinning programmes. Currently, only 150 foreign institutes offer courses with Indian universities under a twinning arrangement.

Many European and American universities offer specialised courses in Indic studies and Indology or set up India Study Centres. Such courses or centres attract Indian students and researchers pursuing India-centred research outside India. The DNEP, with a view to incentivising and promoting Indian universities, recommends offering of specially designed courses on Indian languages, arts, history, Ayurveda, yoga, etc. as attractive pursuits. This will, surely, help fostering ‘internationalisation at home’. Few of the major bottlenecks in attracting international students in India are: residential accommodation for foreign students, quality facilities and infrastructure, difficulties in obtaining visa and absence of ancillary support systems.

The DNEP recommends facilitation of stay and integration of incoming students through assigning faculty mentors, host families and student buddies, and offering local language courses and other bridge courses at a convenient pace. This calls for student mobility and faculty mobility with several proactive interventions to incentivise. Also, Indian students will be supported to have ‘a global immersion’ experience through short-duration visits to reputed universities abroad. Movement of undergraduate and graduate students from Indian universities to take up semester-abroad programmes, short-term internships, training or project work in international institutions will be encouraged.

Tie-ups with educational institutions abroad for student exchange programmes will be expanded and strengthened. The provision for credit transfer to such selected students will be facilitated. Scholarships and/or educational loans for students and researchers aspiring to pursue higher studies abroad and return to India will be enhanced. Also, faculty members at Indian institutions will be encouraged to get exposure to foreign universities, and vice versa. This could include exchange programmes with designated universities, deputation/lien, shortterm assignments/jobs and shortterm training programmes in India and abroad.

Faculty at Indian higher education institutions will be eligible for sabbatical leave which they can use for availing of such opportunities. Additionally, Indian institutions hosting visiting scholars under the Global Initiative of Academic Networks (GIAN) scheme will be encouraged to provide such analogous opportunities for selected faculty from their institutions to visit foreign institutions.

The DNEP has proposed establishing an Inter-University Centre for International Education (IUCIE) and also an International Education Centre (IEC) within selected Indian universities to support internationalisation of higher education in universities. Another significant proposition is to permit top 200 universities in the world to operate in India. An appropriate and firm legislative framework for facilitating such entry will be put in place, and such universities will have to follow all the regulatory, governance, and content norms applicable to Indian universities.

A recent phenomenon related to internationalisation has been the advent of the Massive Open Online Courses (MOOCs). The DNEP encourages Indian Higher Education Institutions (HEIs) to extend the coverage of their distance learning programmes to foreign countries. If necessary, adequate software support and funding can be made available to all interested higher education institutions for the programmes. The DNEP also focuses on systematic outreach brand building campaign from International Offices of Indian HEIs in all forms of communication, including social media for attracting students from abroad.

The proposed initiatives will catapult India to becoming an attractive destination for foreign students and truly give our campuses a global diversity while simultaneously giving Indian faculty and researchers global exposure, promoting cross-border higher education in true spirit. In fine, the renewed emphasis on research, innovation and academic excellence, firmly backed by the latest budget announcement, will redound to making India a leading global hub of higher education, redeeming the pride of place that India occupied from the days of Takshashila and Nalanda.

The task is daunting for Ramesh Pohkriyal Nishank, India’a Human Resource Development Minister, since, as of now, only three Indian institutions rank among the first 200 and only 23 among the first 1000 globally ranking universities.

Re-imagining undergraduate education

    July 5, 2019 (https://garhwalpost.in/re-imagining-undergraduate-education/)
    By Devender Singh Aswal (EX-Additional Secretary, Lok Sabha)


The report of the Dr Kasturi Rangan Committee on Draft National Higher Education Policy (DNEP 2019) covers a wide gamut, almost all aspects of an overarching national education policy that should be holistic. There can be no gainsaying that education is a critical contributor to sustainable livelihoods, economic development and plays a catalytic role in improving human well being, and developing the nation as a democratic, just, socially conscious, cultured, and humane society, with liberty, equality, fraternity, and justice for all. As India moves towards becoming a true knowledge society and with the onset of the fourth industrial revolution, even more young Indians are aspiring for higher education. Having regard to the requirements of the 21st century, the aim of a quality university or college education must be to develop good, well rounded, and creative individuals. It must enable an individual to study one or more specialised areas of interest at a deeper level, while at the same time building character, ethical and Constitutional values, intellectual curiosity, spirit of service, and 21st century capabilities across a range of disciplines including the sciences, social sciences, arts, humanities, as well as professional, technical, and vocational crafts.
In order for it to attain these goals, higher education must provide students with broad-based multidisciplinary education, while developing specialised knowledge with true disciplinary rigour. Instead of solely mechanistic rote learning – a scourge of students -colleges and universities must encourage active learners to develop the abilities of independent, logical, and scientific thinking, creativity and problem solving, and decision making.
The 10+2+3 structure in the extant NPE 1986/92 is in for a change in the DNEP 2019 which proposes a 5+3+3+4 structure at school level and 4 year flexible undergraduate programme. The lofty objective espoused in the DNEP 2019 is to move towards a more imaginative and broad-based liberal education as a foundation for holistic development of all students, with rigorous specialisation in chosen disciplines and fields.
Accordingly, it proposes that all undergraduate programmes will be characterised by a liberal education approach as the foundation for holistic development through imaginative and flexible curricular structures, creative combinations of disciplines of study, and multiple exit and entry points within integrated programmes, offering rigorous specialisation in chosen disciplines and fields. Liberal education with broad multi-disciplinary exposure, intended to develop Constitutional values, will be the basis of higher education. This will develop important life capacities, rigorous disciplinary understanding and an ethic of social-moral engagement. This will be the approach at the undergraduate level across all disciplines, programmes and fields, including professional and vocational fields. The Centre will set up, if the recommendation is accepted, ten Indian Institutes of Liberal Arts/ Multidisciplinary Education and Research Universities on the model and standards of the Indian Institutes of Technology. Imaginative and flexible curricular structures will enable creative combinations of disciplines of study, and offer multiple useful exit and entry points for students, thus demolishing currently prevalent rigid boundaries and creating possibilities for life-long learning. Graduate (master’s and doctoral) level education will provide rigorous research-based specialisation.
A liberal education approach will be the basis of undergraduate education in all fields/disciplines, including professional education. The notion of ‘streaming’, where science, arts, and vocational students are separated, based on their academic performance, majors, interests, or any other such criteria, will end.
The existing Undergraduate programmes will be re-structured to a four-year Bachelor of Liberal Arts (BLA) or Bachelor of Liberal Education (BLE) degree (or BLA / BLE with Research) and can be offered by those institutions which are currently ready to run such programmes. However, since the existing higher education institutions are not ready both in infrastructural and academic terms, it has proposed that the traditional/existing three-year traditional BA, BSc, as well as BVoc degrees will continue for those institutions that wish to continue them. Over a period of time, it is expected that all Bachelor’s degrees will move towards a more comprehensive liberal education approach. The Undergraduate programmes shall be interdisciplinary with curricula designed to develop broadly useful capacities and important dispositions, while offering rigorous education in specialisations.
To enable this transformation of undergraduate education, the curriculum will have two parts. First, a common core curriculum for all students, to develop broad capacities and important dispositions, including critical thinking; communication skills; aesthetic sensibilities; scientific temper and the scientific method; and, an understanding of Indian context and challenges; Constitutional values and their practice; social and moral and ethical reasoning; an adequate exposure to multiple disciplines/fields including arts, humanities, sports; and science related to society and environment; and, second, one or two area(s) of specialisation.
The 4-year programme will provide for greater rigour in a full Liberal Arts Science Education (LASE) education and experience, and also conduct research optionally. Students will graduate with a 4-year LASE degree with Honours, or may graduate with a BSc, BA, BCom or BVoc after completing 3 years with a suitable subject credits. Students will graduate in an appropriate vocational subject after completing 2 years with a Diploma or a Certificate after completing 1 year.
In view of the change of structure at UG levels, the PG structure will also undergo changes. Accordingly, there will be three options for pursuing the Master’s Programme – first will be two years Master’s for those completing three years degree; second one-year Master’s for those completing 4 years degree and the third is five years integrated Masters Program. The eligibility for PhD shall be either a Master’s degree or a 4-year UG degree with Research. Another significant departure is that DNEP 2019 proposes that all professional education, including technical education and single-field institutions will develop into full-fledged liberal education programmes.
A National Higher Education Qualifications Framework (NHEQF) will be formulated by the new body called General Education Council (GEC) for outlining the learning outcomes associated with degree/diploma/certification for curricula across all disciplines and fields, which do not have their individual Professional Standard Setting Bodies (PSSBs). In vocational subjects, National Skills Qualifications Framework (NSQF) and the NHEQF shall be aligned for equivalence and mobility. NHEQF shall permit flexibility – a system of credit transfer shall be put in place, making student mobility possible in many ways: changes across streams of study (e.g. arts to science, vocational to science), choice across combinations of areas of study (e.g. music and chemistry), flexible entry into and exit from programmes, and transfers across institutions and programmes. Finally, awarding of specific degrees, diplomas, and certificates at each will require specific combinations and numbers of courses to be completed successfully which will be appropriately detailed within the NHEQF by each institution.
Such a radical transformation of the undergraduate education is expected to break the current stratification of qualifications, as that of preferred programmes, such as one is witnessing in engineering and medicine and giving a secondary status to all other programmes of study. This will break the shackles of hard silos among disciplines and pave the way for all students to experience the varied flavours of multiple knowledge domains for a more holistic learning. Let’s wait and watch whether the final policy retains such a holistic and liberal focus under Dr Ramesh Pokhriyal Nishank – the author scholar Union Human Resource Development Minister

FACT FILE | No-Confidence Motion in Lok Sabha | Monsoon Session 2018

    August 2018
    By PARI Staff Reporter

A Council of Ministers is collectively responsible to Lok Sabha and it remains in office till it enjoys confidence of majority of the members in Lok Sabha. Thus, a motion of no-confidence is moved to remove the council of ministers and thus oust the government from office.

While Article 75 of the Indian Constitution specifies that the council of ministers shall be collectively responsible to the House of the People – there is no mention of a no-confidence motion. All it indicates is that the majority of Lok Sabha members must be with the Prime Minister and his Cabinet.

Article 118 of the Constitution permits each house of Parliament to make its own rules for conduct of business. Rule 198 of the Lok Sabha specifies the procedure for a motion of no-confidence. Any member may give a written notice before 10 am; the Speaker will read the motion of no-confidence in the House and ask all those favouring the motion to rise. If there are 50 MPs in favour, the Speaker could allot a date for discussing the motion – but this has to be within 10 days. However, this cannot be done in conditions of din or confusion in the House.

Conditions of a no-confidence motion:

  1. A no-confidence motion can be moved only in the Lok Sabha (or state assembly as the case may be). It cannot be moved in the Rajya Sabha (or state legislative council);
  2. It is moved against the entire Council of Ministers including the Prime Minister and not individual ministers or private members; and,
  • It needs support of at least 50 members when introduced in the Lok Sabha.

Censure Motion and No-confidence motion:

  1. Both censure motion and the no-confidence motion can be moved in the Lok Sabha or State Legislative Assembles;
  2. While the no-confidence motion is moved against the entire council of ministers, censure motion can be moved against individual ministers or members; and,
  • The Government of the day is not impacted by the censure motion being passed by the House whereas it has to resign if a no-confidence motion is passed.

History of No-Confidence Motion

-The First No-Confidence Motion was moved in the Lok Sabha by Acharya Kriplani against the the Congress government led by Shri Jawaharlal Nehru in August 1963.

-So far over 30 no-confidence motions have been moved.

-15 no-confidence motions were moved against the government led by Mrs. Indira Gandhi.

-In the History of Indian Parliament, the National Democratic Alliance (NDA) government led by Sh. Atal Bihari Vajpayee became the first ever to lose a no-confidence motion in India in 1999.

In 1990, when V P Singh had tabled a motion of confidence and a member had given the notice for a no-confidence motion, the Speaker had given precedence to government business and taken the motion of confidence.

संसद में अवरोध की राजनीति

    04 Apr 2018 (https://www.livehindustan.com/blog/story-devender-singh-aswal-article-in-hindustan-on-05-april-1886830.html)
    By देवेन्द्र सिंह असवाल, पूर्व अपर सचिव, लोकसभा 


नोक-झोंक, रोक-टोक, आकस्मिक व्यवधान, व्यंग्य-विनोद, हाजिर जवाबी और तर्क चातुर्य ऐसी विधाएं हैं, जो संसद की कार्यवाही को जीवंत बनाती हैं। ये मौलिक बहस का सृजन और साथ ही सांसदों की तत्क्षण स्फूर्त बोलने की क्षमता का निर्माण करती हैं। यह तभी संभव है, जब संसद निर्धारित अवधि पर मिले, पर्याप्त बैठकें हों, वैचारिक उदारता हो और सबसे बड़ी बात है कि सदन सुचारू रूप से चले। संविधान में व्यवस्था है कि संसद के दो सत्रों के बीच छह महीने या इससे ज्यादा का अंतर नहीं होगा। यद्यपि हमारी संसद वर्ष में तीन बार राष्ट्रपति द्वारा आहूत की जाती है, पर विश्व की कुछ प्रमुख         संसदों की तुलना में देखें, तो भारतीय संसद की औसत वार्षिक बैठकों और कार्यवाही का समय बहुत कम है। इंग्लैंड की प्रतिनिधि सभा औसतन वर्ष में 140 दिन, 1670 घंटे, अमेरिका में 136 दिन, 2000 घंटे, ऑस्ट्रेलिया में 64 दिन, 626 घंटे काम करती है, जबकि भारत में 64 दिन, 337 घंटे काम होता है।

पंद्रहवीं लोकसभा में कुल 357 बैठकें हुईं और केवल 1344 घंटे सदन बैठा, जिसमें 891 घंटे अवरोध और स्थगन के कारण खराब हुए। यह स्थिति हुई, जब 2-जी स्पेक्ट्रम, आदर्श सोसाइटी, कॉमनवेल्थ गेम्स, कोयला खदानों के आवंटन जैसे मामले संसद में आए। अलग तेलंगाना के गठन को लेकर संसद की बैठकें बार-बार स्थगित हुईं। साथ ही संसद में अवरोध का एक अशोभनीय तरीका- तख्तियां लेकर सदन के मध्य में आना- शुरू हुआ और वह भी सत्ता पक्ष के कुछ असंतुष्ट सदस्यों द्वारा। सोलहवीं लोकसभा के पहले कुछ सत्र तो सहज, निर्बाध चले, पर पिछले सत्र से दोनों सदनों की बैठकें लगातार स्थगित होने लगीं। अवरोध का नवोन्मेशी तरीका, कुछ सदस्यों का सदन के मध्य में तख्तियां लेकर आना, एक घोर आपत्तिजनक गैर-संसदीय प्रवृत्ति बन गई है। नियम के अनुसार, जब सदस्य सदन के मध्य में आ जाएं, तो पीठासीन अधिकारी कार्यवाही स्थगित करने को बाध्य हो जाते हैं। वर्तमान सत्र में तो टकराव व अवरोध के कारण मंत्रिमंडल में अविश्वास के प्रस्ताव पर चर्चा को अध्यक्ष ने यह कहकर अस्वीकृत कर दिया कि सदन व्यवस्थित नहीं है, तो दूसरी ओर अव्यवस्था और शोर-शराबे के बीच कई विधेयक और वर्ष 2018-19 का बजट बिना चर्चा के ही पारित कर दिए गए।

व्यवधान के कारण राष्ट्र को कितनी हानि होती है, इसके अनुमान लगाए जाते हैं। संसद के वार्षिक बजट को वर्ष के 365 दिनों से विभाजित करके संसद चलाने की दैनिक लागत निकालकर एक सरल मूल्यांकन किया जाता है, जो मेरे विचार में दोषपूर्ण है। लगातार अवरोध और सदन के बार-बार स्थगन से संसद की कितनी कार्य-क्षमता क्षीण होती है, छवि धूमिल और संसदीय लोकतंत्र की अवधारणा का ह्रास होता है, इसका मौद्रिक आकलन नहीं हो सकता। अवरोध और लगातार स्थगन दर्शाते हैं कि ऐसे सांसदों का विश्वास बहस में कम, और संसद के भीतर धरना देने में ज्यादा है। संसद में देश की ज्वलंत समस्याओं, जनता की आशाओं और अपेक्षाओं पर चर्चा होनी चाहिए, ताकि उनका यथासंभव निराकरण हो सके, कार्यपालिका की स्वच्छंदता पर अंकुश रहे और सरकार संसद और जनता के प्रति जवाबदेह रहे। जनता अपने प्रतिनिधि इस आशय से चुनती है कि संसद में सुचिंतित बहस हो, सांसद अपने कर्तव्यों का निर्वहन करें, ताकि अच्छे कानून बनें। पर आज स्थिति यह है कि लोक-प्रतिनिधि, अपवादों को छोड़कर, राजनीतिक दलों के संसदीय बांकुरे बन रहे हैं और लोक-प्रतिनिधि कम। ऐसा लगता है कि ऐसे माननीय सदस्य अपने निजी विवेक को दबाकर केवल अपनी पार्टी का हुक्म बजाते हैं। सारी सोच अपनी पार्टी के हित और अपना अगला चुनाव जीतने तक सिमट गई है। कई बार वरिष्ठ सांसद ऐसी आपत्तिजनक, गैर-संसदीय और असांविधानिक व्यवहार पर अपना रोष प्रकट कर चुके हैं। वयोवृद्ध लालकृष्ण अडवाणी ने तो इसी लोकसभा में क्षुब्ध होकर कहा था कि उनका ‘इस्तीफा देने का मन करता है’।
एक कहावत है कि लोकतंत्र में अल्पसंख्यक अपनी बात रखते हैं और बहुसंख्यक अपने मन की करते हैं। शायद इसी कारण से संसदीय लोकतंत्र को कई  विधिशास्त्री बहुसंख्यकों की तानाशाही कहते हैं। पर अब नजारा बदल गया है। अब अल्पसंख्यक अवरोध पैदा करते हैं और बहुसंख्यक चर्चा नहीं करते या नहीं कर पाते। कुछ तख्तीधारी लोकतांत्रिक व्यवस्था को पटरी से उतार रहे हैं, उसे जबरन ‘डिरेल’ कर रहे हैं। हर सांसद और राजनीतिक दल को संसद में अपना मत प्रकट     करने का सांविधानिक अधिकार है। यदि वे असंतुष्ट         हैं, असहमत हैं, तो अपना मत सदन में प्रकट कर सकते हैं, या विरोध दर्ज करते हुए बहिर्गमन कर सकते हैं। लेकिन इसकी बजाय ऐसा तरीका अपनाया जाता है कि सदन की कार्यवाही ठप्प करने पर पीठासीन अधिकारी विवश हो जाते हैं।

क्या सदन को बार-बार स्थगित करना ही विरोध और असहमति व्यक्त करने का तरीका बन जाएगा? क्या धरना-प्रदर्शन संसद के अंदर बहस और विरोध की अभिव्यक्ति का पर्याय बन जाएंगे? क्या अब वह समय आ गया है कि संसद के कामकाज में व्यवधान डालने वाले सांसदों की सदस्यता रद्द करने पर विचार हो? यह भी आवश्यक है कि सांसदों का महत्व केवल सरकार के गठन और सरकार बचाने तक सीमित न रहे और वे राष्ट्रीय मुद्दों पर अपनी अंतरात्मा की सुनें, ताकि स्पष्ट संदेश जाए कि वे पार्टी की कठपुतली नहीं। सत्ता पक्ष का विशेष उत्तरदायित्व है कि सदन के बाहर भी प्रतिपक्ष से संवाद के मार्ग खुले रखे, संवाद की पहल करे, विश्वास और समन्वय बनाए और ‘को-ऑपरेटिव फेडरलिज्म’ के सिद्धांत का पालन करते हुए क्षेत्रीय दलों और विपक्ष का सहयोग प्राप्त करे। संसद में वाद-विवाद हो, सारगर्भित रचनात्मक चर्चा हो और सुस्थापित नियमों के अनुसार संसद की कार्यवाही चले और अध्यक्ष इंग्लैंड की प्रतिनिधि सभा के अध्यक्ष की तरह सदन के सभी वर्गों का विश्वास अर्जित करे, तभी विश्व का यह सबसे बड़ा लोकतंत्र श्रेष्ठता की ओर बढ़ पाएगा।

Ganga: Purifying the Purifier

    June 6, 2016 https://www.indialegallive.com/science-and-environment/ganga-purifying-the-purifier
    This mission, also called Namami Gange, was started in May 2015 with an outlay of Rs. 20,000 crore and aims for complete rejuvenation of the Ganga. But that seems easier said than done.
    By Devender Singh Aswal (EX-Additional Secretary, Lok Sabha)


The story of the Ganga is the story of India’s civilization. For countless millions, the “Tri-path-gamini” (traveler of the three worlds) Ganga is a river of eternal faith. The promise to purify mother Ganga, declared one of the 10 most polluted rivers of the world, galvanized the electoral campaign of the 16th Lok Sabha. Elected to power, the new government rechristened the Water Resources Ministry as the Ministry for Water Resources, River Development and Ganga Rejuvenation, demonstrating its commitment to restoring its pristine form.

TOXIC RIVER- The Ganga has been converted into a sewer, carrying all manner of city waste and industrial effluents

The drive to clean the river is not new as the Ganga Action Plan-I (GAP-I) was launched in 1985 and augmented in 1993 (GAP-II). Taken together, the government invested Rs. 4,168 crore on pollution control, maintenance of environmental flows and conservation under GAP-I and GAP-II. As the measures proved grossly deficient, the government constituted an Integrated Ganga Conservation Mission, called the Namami Gange in May 2015 with an outlay of Rs. 20,000 crore for the next five years. Namami Gange, aiming complete rejuvenation of the Ganga and its tributaries, is a convergence of all existing schemes and new interventions.

FILTHY RIVER

MATTERS OF FAITH- Minister of Water Resources, River Development and Ganga Rejuvenation Uma Bharati performing aarti at the Gandhi Ghat on the banks of Ganga in Patna

Rapid urbanization, industrialization and demographic pressures continue to pollute the Ganga. Seven IITs which together prepared the Ganga River Basin Management Plan estimated that total sewage generation of 11 basin states is 12,051 MLD as against the available treatment capacity of 5,717 MLD, leaving a gap of 6,334 MLD. As per the latest figures of the Ministry of Environment, Forest and Climate Change (MoEF & CC), the total estimated sewage offloaded into the Ganga is 7,301 MLD as against the available capacity of 2,126 MLD, leaving a gap of 5,175 MLD. There are 764 grossly polluting industries (GPIs) such as tanneries, pulp and paper, sugar, textiles and chemicals generating 501 MLD of waste water, a substantial part of which is allowed to flow into the river.

The tragedy of Ganga is that it has been converted into a sewer, carrying all manner of city waste, dangerous industrial effluents, toxic agricultural run-off and other non-point pollution. Notably, 11 Ganga basin states account for 45 percent of the total chemical fertilizer consumption, amounting to 10 million tons per year. The agricultural run-off poses serious danger as nitrogen and phosphorus eventually drain into surface and subsurface  water  which  feed  the Ganga river system. The occurrence of arsenic in the Gangetic Plains down Unnao in UP has severely affected millions of people.

Another major pollutant is the Municipal Solid Waste, an estimated 14,000 metric tons per day, generated from cities and towns situated on the main stem of the Ganga. This, if not treated and disposed of properly, enters water bodies and rivers and threatens aquatic life. This has to be treated. But due to unconscionable delay in land acquisition, adverse weather conditions, court cases and want of funds, the work of Sewage Treatment Plants (STPs) at Badrinath, Devprayag, Karnaprayag, Rudraprayag, Joshimath, Kannauj, Begusarai, Buxar, Hajipur and Munger continues to languish. Besides, there is sub-optimal performance of STPs and Sewage Pumping Stations (SPS), non-availability of funds for Operations & Maintenance (O&M) of sewerage works, erratic supply of electricity, unavailability of qualified manpower, lack of motivation for O&M staff and the reluctance to work in O&M plants which is seen as a punishment.

Also, an environmental flow is needed in the river. This is a water regime which is needed to maintain the ecological integrity of a river for survival of its biota (ecology) from the onslaught of anthropogenic interventions. E-flow helps in self-purification of the river, sustains aquatic life and vegetation, recharges ground water and supports livelihood. Incessant flow is the soul of the river.

WRONG POLICIES- It’s said that 115 km of the Ganga have been diverted completely into tunnels and lakes in Uttarakhand, depriving the people of precious water

SLOW KILLING

As early as 1916, Britishers were compelled by Pt Madan Mohan Malviya to secure the release of 1,000 cusec water continuously at Haridwar to ensure “Aviral Ganga” (free-flowing Ganga). The agreement subsists in view of Article 363 of the constitution but is being breached rampantly. It’s shocking that no accepted norms for e-flow have been stipulated as yet.  Different institutions and committees have suggested different quantities of e-flows ranging from 20 percent to 50 percent during the lean season and 20 percent to 30 percent, during the non-lean season respectively in the Ganga. As the Ganga remains dry over long stretches and has unbearable pollution load, many aquatic species are on the verge of extinction or have disappeared. Further, dams have divided the Ganga into two separate parts, obstructed aquatic movement and adversely affected the spawning of certain types of fish.

Water bodies such as lakes, ponds, tanks and streams play an important role in rejuvenating rivers. They accumulate rainwater and recharge groundwater, which in turn charges the river in the lean months. A renowned activist, Anupam Mishra, working in the field of water management and rejuvenation of water bodies, testified that there were 25 to 30 lakh ponds before the British came to India. The Indian irrigation system was based on sound traditional water management techniques. The ancient system of water preservation in tals, khals, chals and baweries was an effective time-tested method of rainwater harvesting.

According to one view, the movement of barges and inland vessels in the rivers improves the BOD (biochemical oxygen demand) by agitation of the water. It was also submitted that the current practice of sand mining in the Ganga and its tributaries is seriously damaging the aquatic flora and fauna. As sand and gravel filter and purify water, there is a strong need for evolving a sand mining policy for the Ganga and its tributaries. Hydrologists and experts were unanimous that natural sand embankments and flood plains must not be altered, damaged or encroached upon so as to conserve the self-cleaning character of the river.

ECOLOGICALLY FRAGILE

Dams have been built without adequate knowledge of the anatomy, morphology and cross-section of the river. Himalayan rocks are sedimentary and fragile, the region has steep slopes and is an active seismic zone. For example, while the height of the Three Gorges Dam (TGD) in China is 181 m, that of Tehri Dam is 260.5 m. But the reservoir of TGD is 660 km and that of Tehri Dam, 44 km. The Himalayan slopes are 18 times steeper than the slopes of TGD. Slope defines energy but due to a high degree of sedimentation, comparatively small reservoir capacity and landslides in the Himalayas, the energy generation is much less—800 MW in Tehri as against 18,000 MW in TGD. Creation of huge water bodies in an active seismic zone induces seismicity, posing a threat to the structure as well as to human settlements. Besides, due to sedimentation of the dam reservoir, the density of water increases, its color changes and more markedly, its oxygen content.

Another matter of constant concern in parliament has been the proposed construction of 450 big and small hydropower projects in Uttarakhand. Malika Bhanot of Ganga Ahwaan, an Uttarkashi-based NGO, rued construction of bumper to bumper hydro projects and long dry stretches of the river bed due to water diversion. It was claimed that 53 percent of the river Bhagirathi is completely affected, impacted and gone. She said there was a prevailing sense of trepidation over the ongoing cutting, crushing, blasting, tunneling and mining in the sensitive-fragile Himalayas which were doing incalculable and irretrievable damage to the Himalayan ecology.

The locals, whose houses have developed cracks or have been pulverized by the blasting of the Loharinath-Pala, Pala-Maneri and Bhairon Ghaati projects, are despairing and anguished. Due to the blasting, many water springs had also disappeared.

HYDROPOWER PROJECTS

Govind Pokhriyal of Ganga Ahwaan also quoted from an affidavit filed in the Supreme Court by the government which contained the findings of an expert committee where it was submitted that “the construction of hydro power projects in Ganga, Bhagirathi and Alaknanda basins has overburdened the local ecology”. It also said that there are “clear sightings of irreversible damages of environment in terms of loss of forest, degraded water quality, geological and social impact” and that these hydropower projects enhanced landslides and other disasters.

GROSS NEGLIGENCE-Dams like Tehri have been built without adequate knowledge of the anatomy, morphology and cross-section of the river

It’s shocking that 115 km of the Ganga have been diverted completely into tunnels and lakes in Uttarakhand, depriving the people of precious water. It was also submitted that by tampering with the waters right at the source, the most significant quality of the Ganga is being destroyed and therefore Gangajal after Rishikesh is no longer the same legendary Gangajal. Though the Ministry of Power attempted to clarify that surveys conducted by HNB Garhwal University, Botanical Survey of India and NEERI indicate that the Tehri reservoir has no adverse impact on the ecology of the surrounding area, yet the other findings and concerns remain unaddressed.

The nation needs energy and hydropower for clean, green and renewable energy. Ganga’s nirmalta and aviralta (purity of the water and unimpeded flow) and hydropower can go hand in hand with suitable structural changes. The committee has made a wide range of recommendations for rejuvenation of the Ganga.  Hopefully, the recommendations will receive earnest consideration and get implemented in mission mode for the success of Namami Gange.