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Recent cases related to the allocation of natural resources, mining, defence acquisition, among others, can be analysed from this perspective.
Elton Mayo
· Studies on industrial psychology are profound
· One of the pioneers of Human Relations Approach
· His work laid foundations for later works in highlighting the importance of “communications between the workers and the management”.
Influence: Psychologists Pierre Janet and Sigmund Freud
Major Contribution: Clinical Approach – focussing on physiological, psychological and economic aspects
Textile Mill, Experiment @ Philadelphia:
· Mill was considered as model organisation
· High employee/labour turnover in the mule-spinning dept.
Ø Single employee – 10 to 14 machines
Ø No communication between labourers – high noise
Ø Fatigued employees could not enjoy their social evenings after work
Mayo studied the physical, social and psychological angles
Rest periods given – symptoms of melancholy disappeared
New bonus scheme - Productivity increased
Labour turnover plummeted
Social interaction was encouraged - morale improved
Implications on Management Field:
Challenged the assumptions of “Rabble Hypothesis” (which assumes ‘mankind as a horde of unorganised individuals actuated by self- interest’)
Summary of TEXTILE MILL EXPERIMENT:
Ø Spinning produces postural fatigue and induces pessimistic reverie
Ø Rest pauses relieve postural fatigue and enhance productivity
Ø Rest pauses are effective when they are regular
Ø Life of worker outside the mill has been enriched (able to enjoy their social evenings)
“Monotony per se is not the problem but repetitive work done under conditions of isolation lead to abnormal preoccupations”.
Hawthorne Studies: the Great Illumination Experiment (1924-27)
Western Electricity Company, Chicago
National Research Council of National Academy of Science
Objective: to identify precisely the relationship between illumination and the efficiency of the worker
Factors tested: result - high rise in output (mission failure – original intention of finding ‘best illumination’)
Ø Illumination
Ø Room temperature
Ø Humidity
Ø Wage payments
Ø Rest periods
Ø Duration of working hours
Ø Refreshments
Supposed reasons for such behaviour:
Ø Interest shown by the research team in the workers
Ø Wage incentive plan that was retained while other privileges are taken off
Certain hypotheses of the experiment were negated – reasons
1. Material conditions boosted – even after withdrawal productivity increased
2. Rest periods removed fatigue, hence higher productivity – output increased even after withdrawal of privileges
3. Monotony was reduced, so boost in output – it is concerned with state of mind and not with working conditions
4. Individual payment system boosted the output – the groups subjected to changes in wage payments, no change. Concluded that something else that led to greater output
5. Changes in supervisory techniques improved attitudes and output – supervisors were not considered as boss, congenial and friendly relationship thrived among the workers and the supervisors
Conclusions:
Ø Mayo and his team re-discovered Robert Owen, who had advocated more attention to workers against machines
Ø Mayo felt that work satisfaction depends to a large extent on the informal social pattern of the group
o Supervisors’ personal interest in workers yield better results – helps in boosting the morale
· Workers should be given opportunity to “let their steam off” about their needs etc.
“The link between supervision, morale and productivity became the foundation stone of the human relation movement”
These experiments were hailed as the Great Illumination because it had thrown light on the new areas of industrial relations.
Human Attitudes and sentiments (1928-31):
· An opportunity for workers to “let their steam off” can make them feel better even though there may not be material change in the environment.
Findings:
· Workers with the act of collecting info felt elated and had equal status with management.
· Change in the attitude of supervisors as they were closely observed by the researchers
· In the absence of proper appreciation of the feelings and sentiments of the workers it was difficult to understand their real problems
Social Organisation (1931-32): the final phase – Bank Wiring Experiment (focussed on group behaviour in a work situation)
Wages paid on the basis of group performance
Findings:
· Social structure and informal pressures will set right the erring members.
· Groups follow a set of code of conduct to maintain the groups’ solidarity
For e.g.: works too much – rate buster
Works lesser – chesler
Whistle blowers – squealer
Acts officious – inspector
· The logic of efficiency did not go well with the “logic of sentiments” which had become the cornerstone of ‘social system’.
Conclusions:
· Human aspects of the organisation should not be neglected for technical and economic aspects
· In addition to the technical skills, the management should handle human situations, motivate, lead and communicate with workers
· The concept of authority should be based on social skills in securing cooperation rather than expertise.
Significance of Hawthorne Studies:
· Discovering the informal organisation
· Led to
o Realisation and understanding of human factor in work situations
o Importance of adequate communication system, particularly upwards from workers to management
Criticism:
Criticised for not understanding the role of unions in free society
For being anti-union and pro-management
Branded the Hawthorne Researchers as “cow sociologists”
Sweeping conclusions were drawn from a relatively few studies
Carey pointed - Unreliable sample of five or six
o Lack of scientific base
Drucker – lack of awareness of economic dimension
Encouraging workers private lives by employers
No place for conflicts (Daniel Sell mentioned that tensions and conflicts are inevitable in every human situation.
Critics argued that the team displayed a total lack of awareness of larger social and technological systems.
Spiritual father of the social system school
‘The Functions of the Executive’ – classic
Organisation as a System of Human Cooperation:
Barnard defines organisation as a system of consciously coordinated activities.
A system in which the whole is always greater than the sum of its parts and each part is related to the other in a significant way.
Willingness of certain people
To contribute to the organisation
Through communication with each other.
Why an individual should contribute?
o Theory of Contribution – Satisfaction Equilibrium
Proposed inducements – specific and general
· Specific – material inducements
Personal non-material opportunities
Desirable physical working conditions of work
Ideal benefactions like pride of workmanship
· General – associational attractiveness
Adoption of working conditions
Opportunity for the feeling of enlarged participation
Economic incentives are ineffective beyond subsistence levels.
Formal and Informal organisations:
Organisation comes into existence only when there are persons (3 elements in formal organisations)
able to communicate with each other
willing to contribute action
to accomplish a common purpose
Communication is a dynamic process, which translates purpose into action.
Four characteristics of formal organisations:
· Systems
· Depersonalization
· Specialization
· Informal organisations
According to Chester, formal organisations create informal organisations as a means of communication and to protect the individuals from the domination of the formal organisation.
Theory of Authority:
Did not accept the traditional concept
Viewed “acceptance” as the basis of authority
The individuals in the organisation accept authority only when the following four conditions obtain simultaneously:
1. When the communication is understood (intelligible)
2. Consistency with the organisational purpose
3. Compatibility with personal interest
4. Physical and mental ability to comply (not beyond capacity)
How to ensure enduring cooperation from an individual in an organisation? :
Depends on three conditions –
1. When the orders issued are in accordance with the four conditions mentioned above
2. When the orders fall within the “Zone of Indifference” (ZoI).
3. When the group influences the individual resulting in the stability of the ZoI.
Zone of Indifference:
Orders in order of their acceptability fall in 3 categories:
· Those, clearly unacceptable and not obeyed
· Those , on neutral line
· Those, unquestioningly accepted (ZoI)
The ZoI depends on 3 factors –
· Inducements offered
· Burdens and
· Sacrifices made by the individual in the organisation
Fictional Authority:
C Barnard called authority as ‘fictional’. The supervisor assumes that subordinate accepts orders because they want to avoid making issue of such orders and avoid personal subservience or loss of personal status with their colleagues.
Authority 2 types:
Authority of Position
Leadership (due to knowledge and understanding)
CB felt that authority depends on the personal attitudes of the individuals and the system of communication in the organisation.
Responsibility:
He examines the responsibility from the view of morality
Decision Making:
Decisions – personal, (less logical)
Organisational (info based, logical and delegable)
Fear of criticism and tendency not to delegate divisional powers results in executives being burdened with decision making.
The Executive Function:
- Specialized work of maintaining the organisation in operation.
Classification of functions of executive:
1. Formulation of purpose and objectives
a. Formulation and redefining of purpose requires sensitive systems of communication, imagination, experience and interpretation.
2. Maintenance of organisational communication
a. Informal organisations perform means of organisational communication – advantages
i. Communicate unintelligible facts and opinions, suggestions and suspicions that cannot formally pass through the formal channels
ii. Minimise political influence
iii. Promote self-discipline of the group
iv. Makes personal influences possible in the organisation.
3. Securing essential services from individuals
a. Incentives, sanctions, supervision, control, education and training help in attaining services
Leadership:
CB says leadership in organisations is critical to achieve ‘cooperation’
Leader should be realist and should be able to recognise the need for action even when outcomes are not foreseen.
Essential qualities of a Leader:
Ø Vitality and Endurance
Ø Decisiveness
Ø Persuasiveness
Ø Responsibility
Ø Intellectual capacity
CB’s acceptance concept of authority, leadership as a process of fulfilling the purposes of organisation and management by consent have an immense contemporary value and strengthen the democratic spirit in the modern world…
Fundamental rights
- ENSHRINED in part III
- Constitutes articles from 12 to 35
- Inspiration from USA ( Bill of Rights)
- Part III is described as MAGNA CARTA of India
- Contains long and comprehensive list of justiciable FR
- More elaborate than anywhere else in the world
MAGNA CARTA: is the Charter of rights issued by King John of England in1215 under pressure from barons.
- First written document on FR of citizens.
FR:
- Meant for promoting the ideal of political democracy
- Prevent the establishment of authoritarian and despotic rule in the country
- Protect the liberties and freedoms of the people against invasion by the state.
In short they aim at establishing – ‘govt. of laws and not of men’
Why they are known as Fundamental? :
- Guaranteed and protected by the Constitution, which is the fundamental law of the land.
- Also bcoz they are essential for ‘all round development (material, intellectual, moral and spiritual) of the individuals.
SEVEN FUNDAMENTAL RIGHTS:
1. Right to Equality (art. 14-18)
2. Right to freedom (art. 19-22)
3. Right against exploitation (art. 23-24)
4. Right to freedom of religion (art. 25-28)
5. Cultural and educational rights (art. 29-30)
6. Right to property (art. 31) – repealed by 44th Amendment Act, 1978; made legal right Art. 300 - A in part XII.
7. Right to constitutional remedies (art. 32)
Features of FR:
1. Some are available to only citizens while others are available to all.
2. They are not absolute but qualified. (State can impose reasonable restrictions). They a strike a balance between liberty and social control.
3. Most of them are available against arbitrary action of state with a few exceptions.
4. Some of them are negative in character. (they impose limitations on state while others confer privileges on persons)
5. Justiciable
6. Defended and guaranteed by the Supreme court
7. They are not sacrosanct or permanent. (can be modified or repealed by constitutional amendment)
8. Can be suspended only in case of National Emergency
9. Their scope of operation is ltd by art. 31 A, 31 B, 31 C
10. Application to members of armed forces, para-military forces, police forces, intelligence agencies and analogous services can be restricted or abrogated by Parliament. (art 33)
11. Application can be restricted during ‘Military Rule or Martial Law’.
12. Most of them are directly enforceable while some are to be enforced on the basis of law made by the Parliament (only) for giving effect to them.
Article 13 – states that any law inconsistent with or in derogation of any of the FR shall be void. It provides for JUDICIAL REVIEW. This power has been conferred on the SC (art. 32) and HCs (art. 226).
Law – under Art. 13connotes:
- Permanent laws enacted by Parliament or State legislatures
- Temporary laws like ordinances by Prez, Gov.s
- Statutory instruments in the nature of delegated legislation like order, bye-law, rule, regulation or notification
- Non-legislative sources like customs or usage having the force of law.
Art. 13 declare - Constitutional law is not a law and hence cannot be challenged.
However, the SC held in the Kesavananda Bharathi case (1973) that a constitutional amendment can be challenged on the ground that it violates a FR that forms the ‘basic structure’ of the Constitution.
Category
Consists of
Specific Article dealing with the FR
Exceptions and other associated terms/ rulings/ concepts…
Right to equality (14-18)
Equality before law and equal protection of laws
Art 14
Prohibition of discrimination on the grounds of religion, race, caste, sex or place of birth
Art 15
Creamy layer, 93rd Amendment Act of 2005; central educational institutions act,2006
Equality of opportunity in matters of public employment
Art 16
Mandal commission, 1979; 76th Amendment Act, 1994- wrt to Tamilnadu
Abolition of untouchability and prohibition of its practice
Art 17
Protection of Civil Rights Act, 1955
Abolition of titles except military and academic
Art 18
1996 – SC upheld the validity of National Awards
Right to freedom (19-22)
Protection of six rights regarding freedom of: speech and expression, assembly, association, movement, residence and profession
Art 19
Sec 144 of Cr. PC; Sec 141 of IPC
Protection in respect of conviction for offences
Art 20
Protection of life and personal liberty
Art 21
Right to elementary education
Art 21 A
86th Amendment Act of 2002
Protection against arrest and detention in certain cases
Art 22
Right against exploitation (23-24)
Prohibition of traffic in human beings and forced labour
Art 23
Immoral Traffic (prevention) Act, 1956; minimum wages act,1948; Contract Labour Act, 1970; Equal Remuneration Act 1976
Prohibition of employment of children in factories, etc.
Art 24
Child Labour (prohibition and regulation) Act, 1986; factories act, 1948; mines act, 1952
Right to freedom of religion (25-28)
Freedom of conscience and free profession, practice and propagation of religion
Art 25
Freedom to manage religious affairs
Art 26
Freedom from payment of taxes for promotion of any religion
Art 27
Freedom from attending religious instruction or worship in certain educational institutions
Art 28
Cultural and educational rights (29-30)
Protection of language, script and culture of minorities
Art 29
Rights of minorities to establish and administer educational institutions
Art 30
Right to constitutional remedies (32)
Right to move the SC for the enforcement of FR including writs of
i. Habeas corpus
ii. Mandamus
iii. Prohibition
iv. Certiorari
v. Quo war-rento
Art 32
4. Will India remain corrupt forever?
1. First, old (feudal) moral values disintegrate, but a new moral code does not come into existence.
2. Second, prices start shooting up [inflation], while incomes are broadly stagnant (or rise much slower than the price rise).
Will India remain corrupt forever?
Ref
Originally written by Justice Markandey Katju, a former judge of the Supreme Court, is chairman of the Press Council of India
http://www.indianexpress.com/story-print/985116/
Countries that ousted their “Dictatorial Regimes” are :
· Maldives – 2008 – Abdul Gayoom (ousted) Nasheed (new prez)
· Yemen - 2012 - Ali Abdullah Saleh – Mansuor Hadi (new)
· Tunisia
· Egypt
· Libya
Countries that were on the brink of Bankruptcy :
Country, year (part of unions if ) | Bail out amt. | Rescued by (agencies) | Implication on world economy | Causes |
Athens , 2012 | 130 billion | EU, IMF | ||
Pitroda Panel on Rail modernisation submitted its report on Feb 27,2012. Highlights:
· Stressed on major overhauling of signalling system, tracks and locomotives.
· A dividend waiver to save Railways from collapse.
· It also mentioned the various sources from which the orgz can generate funds for its modernization.
· Special courses to be introduced at IIMs and IITs for suggesting newer ways and technology instead of getting suggestions from agencies abroad.
· Development of PPP models and policies to attract investments to augment core capabilities like stations etc..
· also suggested establishing an Indian Institute of Railway Research with Centres of Excellence.
National Advisory Council (NAC):
· The National Advisory Council (NAC) of India is an advisory body set up to monitor the implementation of the UPA government's manifesto, the Common Minimum Programme (CMP). It is a brainchild of Congress party president, Sonia Gandhi. It is also informally called as UPA's Planning Commission for social agenda. NAC is also called as Shadow Cabinet. On 23 March 2006, Sonia Gandhi had resigned from the post of chairmanship of the NAC after Office of profit controversy. On 29 March 2010, she was back as the chairperson of NAC.
National Development Council (NDC):
Constituted in 1952, August 6th
· Apex body in the country for decision making and deliberations on developmental matters
· Presided over by Prime Minister and comprising of all Chief Ministers of States and Administrators of Union Territories and Members of Planning Commission
· Functions are:
o Prescribe guidelines for the formulation of National Plan
o Consider the national plan as formulated by Planning Commission
o Consider important questions on Economic and Socila policy affecting National Development
o Review of the working plan and suggest recommendations as when required.
Creamy Layer: Used for the relatively rich and wealthier sections of other Backward Classes from being ineligible for govt. reservations and other benefits.
· Used by the Sattanathan Committee in 1971
· A no. of sections or classes of people was recognised as “Creamy Layer” like Constitutional positions, bureaucrats, doctors, lawyers, business men etc.
· One of the general criteria for the same is an individual with an annual gross income of 4,50,000 Rs. Will be considered as a person belonging to the creamy layer and hence no provisions of the benefits will be applicable.
Low growth and its impact on the Low income groups ( ET,13 Jul 2012):
· Low growth not only reduces potential demand but also changes the consumption pattern of households.
· High inflation and low growth will impact those at the bottom of the pyramid as it impacts food prices.
· Households whose expenditure-income ratio is high will find it difficult to maintain the consumption basket without a commensurate rise in income. In such a scenario, they are likely to reduce spending on discretionary items.
· Those at the top of the distribution have more surplus income, they will generally cut down on savings, which will negatively impact capital available for investment.
FDI in retail – some changes required (ET,12 Jul 2012):
· Current rule of sourcing 30% of what the Cos sell from the locals
o Cos that sell high quality goods find it difficult to find them in local markets and hence it can be achieved say gradually I.e., 30% over few years.
· The procurement should be from the enterprises that have a turnover of less than $1 mil
o A boost to the country’s SMEs
o Low investment, high costs resulting in low productivity and quality
Instead train the Indian SMEs in producing the products that are of the intended quality.
Janlokpal:
· The basic principles on which the bill was drafted were culled from the United Nations Convention against Corruption, which required all countries to put in place anti-corruption investigative agencies that would be independent of the executive government and would have the jurisdiction to investigate all public servants for corruption.
· Initially introduced in August 2011, later referred it to the Standing Committee (SC)
· The SC tabled its report in Dec 2011
· August Bill did not confer Constitutional Status to the Bill
· SC recommendations equipped the Bill for Constl. Status
· Lokpal and Lokayukthas Bill passed did not get Constl status
· August Bill proposed a 9 member selection committee (sc)
· SC recommended 4 member sc –
o PM,
o CJI,
o LS speaker,
o an eminent Indian nominated unanimously by CEC, Chairman UPSC, CAG, Leader of Opposition in LS
· December Bill proposes 5 mem sc, 3 govt nominees –
o PM,
o LS Speaker,
o Leader of the opposition in LS,
o CJI or a judge of Supreme Court nominated by CJI and
o an eminent Jurist nominated by Prez.
Set up of NJC :
The report prepared by the Parliamentary panel recommended setting up of a National Judicial Commission (NJC) to create a broad based and comprehensive model of judges appointments.
Recommendations of the panel in JPC:
· Entrusted with transfer as well as criminal proceedings against corrupt judges.
· Relevant amendments in the Constitution to remove judges
Acts passed in 2011:
· Cable TV Networks Regulation Act
· National Food Security Bill
· Regulation of Factor ( Assignments Receivable) Bill 2011
· Ex-Im Bank of India Amendment Bill 2011
· Lokpal and Lokayukta Bill 2011
Preparing Polity for Prelims? Score some Easy Marks with these Tips |
Preparing Polity for Prelims? Score some Easy Marks with these Tips Posted: 04 Jul 2012 10:47 AM PDT Indian Polity is an interesting topic to study. Not just because we gain deeper knowledge about our Constitution but also because it is actually fun to read and compare the various provisions of the Indian Constitution. But apart from the interest part, Polity is also quite rewarding for IAS Prelims exam. You can expect anywhere between 8-20 questions on Indian Polity in paper 1 and if you've prepared it well you can get most, if not all, questions right. This gives you a nice boost of 16-40 marks in the final tally which can make a huge difference to your chances of clearing the Prelims. But aspirants just starting out don't know how to prepare Polity, that's why this post will be useful to your Prelims preparation. Initially I will explain the basic terminology so you feel comfortable when studying polity and then I will touch upon the important topics within Polity that you should focus more on. But first things first. Make sure your get Constitution of India by P.M Bakshi and Our Constitution by Subhash Kashyap as the two main reference books for Indian Polity. For other books for Prelims, refer this post. Also to get the most out of this short tutorial make sure you enroll in my Question Series for Prelims course so you can test yourself with actual Prelims-like questions with negative marking on Indian Polity that I have prepared for IAS aspirants. OK, let's get started. Basic Terminology in Indian PolityLike any other subject, Polity too has its own vocabulary that is in its most raw form quite high sounding laden with difficult legal words. But fortunately we don't have to familiarize ourselves with these words and terms rather we should be comfortable with a working knowledge of Constitutional terms and concepts that I list below. Article: Articles are the various provisions in our constitution. There are 395 articles in all. Although there have been additions throughout the years, the new articles have been appended with letters like Article 51A and so on. So the total number of articles still remains the same at 395. Remember, what I am saying will make more sense if you have P.M Bakshi's Constitution book in your hand as it contains all the articles in their unmodified form. Clause: Articles in the Constitution can have clauses. It tells more and lists additional provisions of the main article under which it is listed. It is enclosed within brackets. For instance, 15(4) is read as Article 15, clause 4. Sub-clause: Going further, a clause can have sub clause(s) within it listing even additional provisions related to that clause. For instance Article 19 (Fundamental Right to Freedom) has various sub-clauses under clause 1 like 19(1)(a). As you can see a sub-clause like the main clause is also enclosed in brackets. The article then is read as Article 19, clause 1, sub-clause a. You can easily infer that a clause is a number whereas a sub-clause is an alphabet. Schedule: Schedules are not Articles of the Constitution but they have to be read along with them. They contain detailed provisions, lists that are too long to be contained under an Article and require a separate mention. There are 12 schedules as of now and more could be added later. The first schedule deals with the States and Ut's, the second with remuneration of important dignitaries and so on. Amendment: Amendments as the term implies are modifications of the provisions of the Constitution. The procedure for amendment is listed under Art. 368. Till date 97 amendments have been carried out under this article. In reality many more amendments have been effected under different provisions which do not require a Constitutional Amendment Bill under Art. 368 to be passed. State: This term is a tricky one. In the constitution a state could be a state like Kerala or it could imply nation state particularly the authority of the Union government. What is the actual meaning of the word has to be inferred from the reading of the Constitutional provision itself and no pre-defined meaning can be adduced. But it's not so difficult as it seems. Once you have read the Constitutional provisions twice or thrice you will be able to make out the difference quite easily. Parts of Constitution: Just like any book, the Constitution too is divided into various parts; 22 to be precise. Various related articles are grouped under a single part. For instance Part III relates to Fundamental Rights, Part IV to Directive Principles and so on. Important Topics to Prepare in PolityNot all topics within Polity are equally important. I will list the ones that you should focus greater attention on.
I hope you found this short introduction to preparing polity useful. If you want to discuss any more topics or terms related to Polity do share your queries and comments below. |
Close on the heels of his missives to the chief ministers of Bihar and Maharashtra, the chairman of the Press Council of India (PCI), Justice Markandey Katju, has shot off a letter to the speaker of the Karntaka legislative assembly against the crackdown on the media in Karnataka following the Porngate expose.
Below is the full text.
***
The Hon'ble Speaker
Karnataka Legislative Assembly,
Bangaluru.Respected Sir,
Re: Proceedings against mediapersons for telecasting MLAs watching porn
Some MLAs of the Karnataka legislative assembly were filmed watching porn in the Assembly hall. Instead of commending the mediapersons for their professionalism, proceedings have been started against them.
In my respectful opinion such proceedings against the mediapersons jeopardize the freedom of the media guaranteed as a fundamental right by Article 19 (1) (a) of the Constitution of India, and seek to create an impression that it is the media which has brought the House into disrepute rather than the MLAs involved.
I am informed that an inquiry committee has been set up by the House to enquire into the matter.
In my respectful opinion the inquiry committee can certainly ask the mediapersons concerned questions to ascertain the correct facts about this sordid affair. But from what I could gather, the question being asked give the impression that the mediapersons are being treated as an accused of some offence, and are being grilled accordingly.
Since grave Constitutional questions are involved in this episode I would like to dwell on the matter in some detail.
In our country it is the Constitution which is supreme, not the legislature or executive. The people of India, in their wisdom, and following the examples of the American and French Constitutions, did not give the legislature absolute sovereignty but only limited sovereignty.
Thus the Indian Constitution does not incorporate Hobbes' theory of absolute sovereignty (see 'Leviathan') but instead it incorporates Locke's theory of limited sovereignty (see 'the Second Treatise on Civil Government') and Rousseau's theory of sovereignty of the people (see 'The Social Contract').
Hence neither the legislature nor the executive can violate the constitutional provisions, particularly the fundamental rights like Article 19 (1) (a).
In a democracy it is the people who are supreme, and all authorities, whether legislative, executive or judicial, are only servants of the people. This is also borne out from the Preamble to the Indian Constitution which states:
"We, the People of India,…………..do hereby adopt, enact and give ourselves this Constitution."
Since the people are the masters , and the legislators only their representatives, surely the public has the right to be informed of the activities of the legislators. And the media is an agency of the people to give them this information.
Hence I do not see what wrong the media has done by telecasting the watching of porn by the MLAs in the House. To my mind the media were only doing their duty to the people of informing them of the shameful manner in which some of their representatives were behaving.
In this connection I would like to refer to the following words in the judgment of Justice Hugo Black of the US Supreme Court in New York Times vs. U.S 403 U.S. 713, 1973 (the Pentagon Papers case):
"Only a free and unrestrained press can effectively expose deception in government. And paramount among the responsibilities of a free press is the duty to prevent any part of the government from deceiving the people and sending them off to distant lands to die of foreign fevers and foreign shot and shell. In my view far from deserving condemnation for their courageous reporting, the New York Times, the Washington Post, and other newspapers deserve to be commended for serving the purpose which the Founding Father saw so clearly. In revealing the workings of the government which led to the Vietnam War the newspapers nobly did precisely that which the Founders hoped and trusted they would do."
To use similar language, far from deserving condemnation, the mediapersons who revealed to the nation the disgusting scenes of MLAs watching porn in the House deserve to be applauded for their courageous reporting.
Ordinarily, in a democracy all proceedings in a Legislative Assembly must be freely telecast and reported so that the people, who are the supreme authority in a democracy, know how their representatives are behaving. There may, of course, be exceptional situations where this cannot be done.
For example, in the Second World War many secret sessions of the House of Commons were held so that Nazi spies may not know the views of the British political leaders. But such secrecy can only be in exceptional situations. I fail to see what was the exceptional situation in Karnataka which could justify prohibiting mediapersons to report events in the House.
I would therefore respectfully request you to reconsider your decision and withdraw the proceedings against the mediapersons, and instead take strong action against the M.L.A.s who have brought disgrace to the House.
Justice Markandey Katju
Chairman, Press Council of India
Way ahead
Read more on Wikipedia
This editorial is too technical. however i am putting some information collected from other polio related articles in Hindu
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