Ordinance Making power Of President- Democracy through Ordinance route

The Ordinance making power of the President has been granted in the Constitution of India under Article 123. The Article 123 gives power to the President to make Ordinances when “both Houses of the Parliament are not in session and the President is satisfied that circumstances exist which render it necessary for him to take immediate action.” The underlying question of debate is whether the ordinance making power of President a parallel power of legislation. This paper tries to throw a light on this question with special reference to the case of A.K. Roy v. Union of India AIR 1982 SC 710.

It is considered one of the important legislative powers of the President, however is subject to limitations like

i. An ordinance may be issued by the President only when one House is in session.
ii. An ordinance may be made under circumstances which require immediate action.
iii. An ordinance can be made only on subjects on which Parliament can made laws and is subject to the limitations, to which a Parliamentary law is subjected.

 v. An ordinance needs to be present before the Houses of Parliament who reassembles. An ordinance ceases to operate on the expiry of six weeks from the reassembly of Parliament. If the Houses reassemble on different date the period of six weeks is calculated from the later of those dates. Without being approved by the Parliament and ordinance can last for a maximum period of six months and six weeks. All acts done and completed under an unapproved ordinance will lapse.

Executive cannot misuse the extraordinary provisions of “Ordinance making” and “Joint session” to undermine the legitimate role of legislature and Rajya Sabha in particular

The President may withdraw an ordinance at any time. However, the President exercises the power on the advice of the Council of Ministers headed by the Prime Minister. An ordinance may have retrospective effect and may be modify repeal any act of Parliament or even another ordinance. It may also amend or alter a tax law but never can be used to amend the Constitution.
This unusual power has been given to the President, so that the Executive can deal with a situation of urgeny,

Various Issues around Ordinance Making power of President of India

Article 123 of the Indian constitution empowers the President to promulgate ordinances. This mechanism has been devised to enable the executive to deal with a situation that may suddenly and immediately arise when the Parliament is not in session (either one or both houses). Following points are important about ordinances:
If at any time, except when both Houses of Parliament are in session, the President is satisfied that circumstances exist which render it necessary for him to take immediate action, he may promulgate such Ordinances as the circumstances appear to him to require.
An Ordinance promulgated under this article shall have the same force and effect as an Act of Parliament, but every such Ordinance—

• Shall be laid before both Houses of Parliament and shall cease to operate at the expiration of six weeks from the reassembly of Parliament, or, if before the expiration of that period resolution disapproving it are passed by both Houses, upon the passing of the second of those resolutions. As maximum gap between two session of a house can be 6 months therefore maximum life of a ordinance can be 6 months and 6 weeks; and
• May be withdrawn at any time by the President.

Explanation:—where the Houses of Parliament are summoned to reassemble on different dates, the period of six weeks shall be reckoned from the later of those dates for the purposes of this clause.
If and so far as an Ordinance under this article makes any provision which Parliament would not under this Constitution be competent to enact, it shall be void. In other words it can be issued only on those subjects on which parliament has jurisdiction.
The president can also withdraw ordinance at any
any time. But this power of President regarding ordinances is not discretionary; he has to act on the aid and advice of council of ministers. This ordinances cannot be issued amend the constitution.
Statement explaining about the circumstances that necessitated the issuance of ordinance is required to be placed before the house; this requirement is mentioned under the rules of Lok Sabha.
DC Wadhwa case (1987) judgement by Supreme Court dealt with the issue of ordinance. The governor of Bihar issued 256 ordinances between 1967 and 1981 and life of these ordinances ranged between 1 to 14 years. Court held that repromulgation of ordinances with the same text, without giving any chance to house to pass it, would amount to violation of the constitution, thus these ordinances can be struck down. Finally court held that power given to president to deal with extraordinary situation can be used as a substitute for the legislative power of the state assembly. Following graph shows the number of ordinances issued by government after 1990:
Recent ordinances issued by the Modi government are listed in the below graphics:

Issues about ordinance making

Constitution has provided separation of power between legislature and executive. Through ordinance route executive creates instability about this separation.
Satisfaction of President

Ordinance can be promulgated only when he is satisfied that circumstances exist for the same. In Cooper case (1970) Supreme Court held that his satisfaction can questioned on the ground of malafide. In other words his satisfaction can be questioned on the ground that he has deliberately prorogued the parliament to bypass the legislative route on a controversial subject.
Recent remarks by President Dr. Pranab Mukherjee ‘‘ a noisy minority cannot be allowed to gag a patient majority”, clearly shows the deadlock created due to adamant behaviour of opposition parties. Constructive debates in parliament have been replaced by intentional deadlocks created by opposition parties.
Thus opposition party needs to play a constructive role in the house of the parliament. Number of days the Members of Parliament meet, has been reduced drastically to allow debates to take place on controversial issues. Therefore number of days parliament houses meet should be increased. So giving space to opposition party by the ruling party and increasing the number of days members of parliament meet, can solve the issue of bypassing the legislature and strengthen the Indian democracy.

 

Super Wi-Fi or WHITE WiFi

Super Wi-Fi

Super Wi-Fi is a term coined by the United States Federal Communications Commission (FCC) to describe a wireless networking proposal which the FCC plans to use for the creation of longer-distance wireless Internet access. The use of the trademark "Wi-Fi" in the name has been criticized because it is not based on Wi-Fi technology or endorsed by the Wi-Fi Alliance. A trade show has also been called the "Super WiFi Summit" (without hyphen).Various standards such as IEEE 802.22 have been proposed for this concept.
Instead of using the 2.4 GHz radio frequency of Wi-Fi, the 'Super Wi-Fi' proposal uses the lower-frequency white spaces between television channel frequencies. These lower frequencies allow the signal to travel further and penetrate walls better than the higher frequencies previously used.The FCC's plan was to allow those white space frequencies to be used for free, as happens with shorter-range Wi-Fi and Bluetooth.

History

As result of hearing on the safety of analog television broadcasting and the telecommunication act of 1996 along with the preliminary hearing material, the U.S. Federal Communication Commission laid the ground work for a framework for HDTV. One major player in the development of Super WiFi is the various patents for Nielsen Rating Technology which predates the development of commercial WiFi. For example, US Patent 7152287 credits many previous patent since 1982 but many reference the Nielson Rating to about the 1920.
US Federal Communications Commission's approved the rules for "white spaces" on September 23, 2010 as it has done for many university since the 1990s.
On April 19, 2011, Rice University, in partnership with the nonprofit organization Technology For All, installed the first residential deployment of Super Wi-Fi in east Houston. The network uses white spaces for backhaul and provides access to clients using 2.4GHz Wi-Fi.
On May 8, 2011, a public Super Wi-Fi network was developed in Calgary, Alberta. Calgary based company WestNet City Wi-Fi. launched the network for free and paid subscribers.
On January 26, 2012, the United States first public Super Wi-Fi network was developed in Wilmington, North Carolina. Florida based company Spectrum Bridge, Inc. launched the network for public use with access at Hugh MacRae park.
On July 9, 2013, West Virginia University launched the first campus Super WiFi network.

BIO-DIGESTER

Biodigester technology has been developed for resolving the problems of un-decomposed human waste. The innovation degrades and converts the human waste into usable water and gasses in an eco-friendly manner. The generated gas can be utilized for energy/ cooking and water for irrigation purposes.
The process involves the bacteria which feed upon the faecal matter inside the tank, through anaerobic process which finally degrades the matter and releases methane gas that can be used for cooking, along with the treated water.
The Bio-digester tank can be manufactured and customised as per the requirement.
Salient Features:

No bad smell in toilets from the tanks
Faecal matter in the tank not visible
No infestation of cockroaches & flies
No clogging of digester
Effluent is free from off odour and solid waste
Reduction in pathogens by 99%
Reduction in organic matter by 90%
No maintenance required
No requirement of adding bacteria/ enzyme
No need of removal of solid waste
Use of phenyl is permitted upto 84 ppm
 
Areas of Applications
 Bio-Toilets
Septic tanks

Methane Hydrates-Future of Carbon Fuels

When gas molecules are trapped in a lattice of water molecules at temperatures above 0°C and pressures above one atmosphere, they can form a sta­ble solid. These solids are gas hydrates.
Most gas hydrates are formed from methane (CH4). Methane is the simplest hydrocarbon, and is the primary component of the natural gas that we burn for energy. If you hold a hydrate nodule in your hand and light it with a match, it will burn like a lantern wick. There is fire in this ice!
Gas hydrate deposits along ocean margins are estimated to exceed known petroleum reserves by about a factor of three. These hydrate beds leak gas­es into the water, forming cold seeps on the ocean floor. This hydrocarbon seepage is common on continental margins around the world.
Chemosynthetic communities similar to those found at hydrothermal vents form at cold seeps, using hydrocarbons or hydrogen sulfide for carbon and energy. Seep tube worms, mussels, and clams form two-meter-high bushes over kilometer-sized beds. Most seeps are also characterized by high microbial productivity.
Hydrates influence ocean carbon cycling, global climate change, and coastal sediment stability. Localized melt­downs have caused massive continental slope failure, which can present a geological hazard for shelf oil and gas production. Massive hydrate dissolution events, releasing vast amounts of the greenhouse gas methane, are possible causes of some of the abrupt climate chang­es seen in the geologic record.

Trapped in molecular cages resembling ice, at the bottom of the ocean and in terrestrial permafrost all over the world, is a supply of natural gas that, by conservative estimates, is equivalent to twice the amount of energy contained in all other fossil fuels remaining in the earth’s crust. The question has been whether or not this enormous reserve of energy, known as methane hydrates, existed in nature in a form that was worth pursuing, and whether or not the technology existed to harvest it.
n the spring of 2008, a joint Canadian-Japanese expedition in Mallik in the Northwest Territories, Canada, established that methane hydrates could be harvested by using a water pump to depressurize a well already drilled into the reserve. This involved lowering the pressure by pumping out the water that naturally accumulates in the well. Crucially, it required only 10 to 15 percent of the energy represented by the gas that flowed out of the well, making it a much more viable approach than earlier methods used to harvest hydrates, which involved melting them with warm water. Standard oil and gas drilling equipment was used to reenter an old well drilled to a depth of 3,500 feet and then “refurbish” it by casing the entire well with lengths of steel tubing that cemented into place in order to prevent it from collapsing.

Hydrates require both cold temperatures and high pressure to form; eliminating either condition frees the gas from its icy cage, but past attempts to do this by heating the hydrates proved prohibitively difficult. The Canadian-Japanese expedition successfully produced up to 4,000 cubic meters of gas a day during a six-day trial in 2008 using depressurization.



While no one believes that all of the world’s methane hydrates will be recoverable, the scale of global reserves has been described by the U.S. Department of Energy as “staggering.” They occur anywhere that water, methane, low temperatures, and high pressure co-occur–in other words, in the 23 percent of the world’s land area covered by permafrost and at the bottom of the ocean, particularly the continental shelf.

Increased interest in naturally occurring methane hydrates has been driven by the desire for energy independence from the Middle East and Russia and by the need to find energy sources with less of a potential impact on the climate than coal. (Natural gas produces half as much carbon as coal per unit of energy.) This is reflected by an exponential growth in the number of scientific papers published on the subject per year, according to Carolyn Koh, codirector of the Center for Hydrate Research at the Colorado School of Mines. More than a dozen expeditions designed to harvest or sample terrestrial and marine hydrate reserves have been launched since 2001, not only in the United States and Canada, but also in Japan, Korea, China, and India, 

PROBIOTICS

What are probiotics?
Probiotics are live micro-organisms (mainly bacteria but also yeasts) which are thought provide numerous health benefits. In order to provide these health benefits, probiotics need to be able to survive the acidic environment of the stomach. They also need to be eaten in adequate quantities.

What are the proven health benefits of probiotics?
There is a good deal of scientific evidence suggesting that probiotics are effective for gastrointestinal problems including¹:
Diarrhea: specifically antibiotic associated diarrhea including episodes caused by infection with C. difficile (also known as C. Diff Diarrhea) and

• infectious diarrhea.
• Irritable Bowel Syndrome.
• Inflammatory Bowel Disease: ulcerative colitis, pouchitis, and Crohn’s Disease.
• Food intolerance
• Helicobacter pylori infection.

Research also suggests that probiotics can inhibit tumors, improve immune function and reduce blood cholesterol levels.

Are all probiotics the same in terms of their health benefits?
No, the health benefits are specific to the genus (clan e.g. Lactobacillus), species (family name e.g. acidophilus) and strain (first name e.g. DDS-1). Different strains can have different effects. Therefore if you want to try a probiotic for a specific complaint be sure to select the specific strain that has been proven to help your particular condition.

How can I add probiotics to my diet?
You can add probiotics to your diet either by eating probiotic foods (including beverages) or by taking probiotic supplements. Generally speaking, probiotic supplements usually contain higher numbers of probiotic organisms than probiotic foods. However probiotic foods do have an advantage over probiotic supplements. Many such as probiotic yogurt, milk kefir and vegetable ferments (e.g. fermented cabbage, also known as sauerkraut) are rich in nutrients and/or fiber. Be aware too that many of the processed probiotic foods (e.g. cereals, granola, ice-cream) that have recently appeared on our grocery-store shelves are often high in sugar and additives.

When is the best time to take probiotics?
When you eat a meal, the pH of the stomach rises. The higher the pH, the more likely it is that the probiotic organisms will survive their journey through the stomach. It therefore makes sense to take a probiotic around half an hour after eating.

Where can I purchase probiotics?
You can purchase probiotic foods from grocery and health food stores. As far as probiotic supplements are concerned, these can be purchased from on-line retailers and over-the-counter from pharmacies.

What side-effects should I expect when starting probiotics?
You may experience symptoms of bloating, flatulence (gas), abdominal pain, constipation or diarrhea in the first few days of probiotic therapy. These symptoms occur as your digestive system rebalances in favor of the good bacteria. The symptoms should subside after a few days. However, if they persist, then you can always reduce your dosage and ramp back up slowly.

 Are probiotics safe for children?
Yes, both probiotic foods and supplements are safe for children. There is a wide range of probiotic supplements which are suitable for children. . These are available in a variety of forms including chewable tablets, capsules and powder. Probiotics are also suitable for infants. Once weaned, probiotic foods can be introduced into a baby’s diet. Certain probiotic supplements are also appropriate for infants. 
Some probiotic supplements are cheap, whilst others are expensive. How do I know which supplement offers the best value for money?

The key here is consider the number of probiotic organisms contained in the product. Some probiotic supplements contain very few beneficial organisms, whilst others contain much higher quantities. Information regarding the number of bacteria contained in a product is measured in colony forming units (CFUs) and is listed on the label of all probiotic supplements. Take a look beside “colony-forming units” or “CFUs” on the product label and you will find out how many viable probiotic organisms are contained in each product serving. You can then use this information compare the total number of colony-forming units contained in various products. Click here for our easy-to-use cost comparison tool.
Do all probiotic supplements need to be refrigerated?.
The vast majority of probiotic supplements require refrigeration. However, there are some products, which can be stored at room temperature. These include Align Probiotic, Dr Ohhira’s Probiotics (also known as OMX Probiotics), Florastor and Probiotic Advantage.
I am taking oral antibiotics. Should I take probiotics too?
A side effect of oral antibiotic therapy is that it can adversely affect your digestive flora, wiping out your colonies of good bacteria. As a result one of the most common complaints regarding oral antibiotic therapy is diarrhea. Taking a probiotic supplement can help replenish your good flora, relieving the gastric upset. Remember to take your probiotic supplement at least two hours after your antibiotic dose. This way, the antibiotics do not destroy the good bacteria in the supplement. Continue taking your probiotic supplement for at least two weeks after you have finished your course of antibiotics.

Do all probiotic supplements contain milk?
Many probiotic supplements are grown on milk-based mediums and thus will contain traces of milk. Those containing bacteria belonging to the Lactobacillus clan (genus) are most likely to contain milk as these bacteria thrive best in a dairy medium and thus are usually grown on milk. There are however some probiotic supplements that are dairy free. 

Do all probiotic foods contain milk?
No,only certain probiotic foods contain milk. These include:

• Probiotic yogurt
• Milk kefir
• Buttermilk
• Crème fraiche
• Acidophilus milk
• Fermented dairy milks such as Yakult
• Aged cheeses (for example Gouda, Emmental, Edam and Cheddar)

There are many probiotic foods, which are free of milk products. These include vegetable ferments such as fermented cabbage and Korean kimchi as well as bean ferments including Indonesian Tempeh and miso.

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e-Kranti’

In order to upscale and ramp up eGovernance initiatives across the country, National eGovernance Plan 2.0 titled “e-Kranti” is formulated by DeitY with a focus on transforming eGovernance for transforming Governance.

The rationale behind the formulation of “e-Kranti” are

• Enlarging the existing portfolio of Mission Mode Projects by adding new MMPs from uncovered domains like social sector schemes, legislature, women & child development, Financial Inclusion etc,
• Leveraging emerging technologies like cloud and mobile,
• Providing integrated services,
• Adopting eGov standards to ensure interoperability amongst applications &
• Harmonizing various core ICT infrastructure components namely SWAN, NKN, NOFN and Meghraj (GI Cloud) for optimum, efficient and on-demand provision of infrastructure.

The fundamental building blocks of e-Kranti are:

• Core principles: ‘Transformation and not Translation’, ‘Integrated Services and not Individual Services’, ‘GPR to be mandatory in every MMP’, ‘Infrastructure on Demand’, ‘Cloud by Default’, ‘Mobile First’, ‘Fast Tracking Approvals’ and ‘Mandating Standards and Protocols’.
• Institutions & instruments: establishing a ‘National e-Governance Academy’, creating an ‘e-Governance Knowledge Portal’, creating an ‘e-Governance Impact Index’ and ‘effective use of social media’.
• Implementation & delivery models: ‘transforming the delivery channels’, ‘awareness and communication’, ‘introducing new business models’ and ‘emphasis on undertaking exports of eGov solutions / applications and international cooperation’.

National Judicial Appointments Commission (NJA)

National Judicial Appointments Commission (NJA) is a proposed body responsible for the appointment and transfer of judges to the higher judiciary in India. The Commission is proposed to be established by amending the Constitution of India through the ninety-ninth constitution amendment vide the Constitution (One Hundred and Twenty First Amendment Bill) 2014 passed by the Lok Sabha on 13 August 2014 and by the Rajya Sabha on 14 August 2014. The Bill, if ratified by half of the state legislatures in India and assented by the President of India, will replace the collegium system for the appointment of judges as mandated in the existing pre-amended constitution by a new system. Along with the Constitution Amendment Bill, the National Judicial Appointments Commission Bill, 2014, was also passed by the Lok Sabha and the Rajya Sabha to regulate the functions of the National Judicial Appointments Commission.

Constitution of the National Judicial Appointments Commission

A new article, Article 124A, (which provides for the composition of the NJAC) will be inserted into the Constitution if the amendment is ratified.

Composition

As per the amended provisions of the constitution, the Commission will consist of the following persons:

• Chief Justice of India (Chairperson, ex officio)
• Two other senior judges of the Supreme Court next to the Chief Justice of India - ex officio
• The Union Minister of Law and Justice, ex-officio
• Two eminent persons (to be nominated by a committee consisting of the Chief Justice of India, Prime Minister of India and the Leader of opposition in the Lok Sabha or where there is no such Leader of Opposition, then, the Leader of single largest Opposition Party in Lok Sabha), provided that of the two eminent persons, one person would be from the Scheduled Castes or Scheduled Tribes or OBC or minority communities or a woman. The eminent persons shall be nominated for a period of three years and shall not be eligible for re-nomination.

Functions of the Commission

As per the amended constitution, the functions of the Commission include the following:

• Recommending persons for appointment as Chief Justice of India, Judges of the Supreme Court, Chief Justices of High Courts and other Judges of High Courts.
• Recommending transfer of Chief Justices and other Judges of High Courts from one High Court to any other High Court.
• Ensuring that the persons recommended are of ability and integrity.

Procedures to be followed by the Commission

The National Judicial Appointments Commission Bill, 2014, has laid down the following procedures for the selection of the Judges of the higher judiciary.

Procedure for Selection of Supreme Court judges

Chief Justice of India

The Commission shall recommend the senior-most judge of the Supreme Court for appointment as Chief Justice of India. This is provided he/she is considered fit to hold the office.

Supreme Court Judges

The Commission shall recommend names of persons on the basis of their ability, merit and other criteria specified in the regulations.

The Commission shall not recommend a person for appointment if any two of its members do not agree to such recommendation.

Procedure for Selection of High Courts judges

Chief Justices of High Courts

The Commission shall recommend a Judge of a High Court to be the Chief Justice of a High Court on the basis of seniority across High Court judges. The ability, merit and other criteria of suitability as specified in the regulations would also be considered.

Appointment of other High Court Judges

The Commission shall seek nominations from Chief Justice of the concerned High Court for appointments of High Court Judges and then forward such names to the Chief Justice of the concerned High Courts for his/her views. In both cases, the Chief Justice of the High Court shall consult two senior most judges of that High Court and any other judges and advocates as specified in the regulations. The Commission shall elicit the views of the Governor and Chief Minister of the state before making recommendations. The Commission shall not recommend a person for appointment if any two members of the Commission do not agree to such recommendation.

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