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Thursday, 24 May 2018

Let's Hate the Hate Mongers

It is sad, that in spite of all well meaning ideas by those in power, we have
Sycophants who bend backwards to please.
In their endeavour, what they really do is create hate among different communities. The Press must restrict itself to reporting news happenings. They are not there to opine on the happenings.
They can call in experts for a panel discussion on National TV, and as moderator guide the discussion. We need to find solutions to the vexed problems the country is burdened with. We do not need to add more by our shout and scream approach.
We need the panellists to have a healthy discussion and every discussion must end with recommendations. This could be one more point to consider when the Government takes up the matter for resolution. After all we cannot expect the Government to have answers to all issues. 
But taking sides, condemning either or, is not the duty of the fourth estate. They have misunderstood their role and think they can influence the thought of the Nation. This is wrong and they need to have a council, that frames the rules of reporting and behaviour and be pulled up for any bias or detrimental statements made. 
Also spreading or promoting Hate is a Capital Sin


Friday, 11 May 2018

Control on projections :



Stall Board, showcases, projections projecting on the Municipal Roads/footpaths are being controlled under section 313 (1)(b)(c) of Mumbai Municipal Corporation Act, 1888. In this regard if shop owners produce documentary evidence of ownership of shop 2 premises then permission granted for showcases, over hanging awning, rolling shutter, door etc. and renewed on yearly basis.



I would suggest that Stall Boards should NOT extend beyond 6 inches from the wall. If lit then they have to be lit with LED lights only. These Boards should enhance the value of the surroundings, and should be well maintained.


Show Cases and all other materials should be placed / stored within the plinth area only. Any excess use of space should be charged at 100X of the property rate card for equivalent legal space. There will be NO acceptance of approvals, if it was not included in the original building plans at the time of NOC to the builder. 
All such subsequent encroachments have been with / without the connivance of the authorities, or by muscle power. This has to Stop if we want the City to be on par with other cities of the world.  


Overhanging awnings should not be with the intention of grabbing space beneath it for commercial activities. Inspectors who give permission must have their names appended, and if objections raised by local residents or seniors, he will have to explain how and why he issued this permission.

Tuesday, 8 May 2018

A Better Way to Increase Voters Choice


Today with better security on the Internet, we are able to conduct Banking Transactions, and other Governmental tasks, can we Not include Voting via internet as one more Option to include those uninvolved.
Let the authentication procedures be established as required in advance. On the day of voting, these individuals (the missing 65%) will have an option to cast their vote via the Internet.
A better way to include the missing.




Thursday, 3 May 2018

What are the responsibilities of our MLA


As Defined by the Constitution of India - Seventh Schedule (Article 246)
List II—State List
  1. Public order (but not including the use of any naval, military or air Force.
  2. Police (including railway and village police)
  3. Officers, servants of the High Court; procedure in rent and revenue courts; fees taken in all courts except the Supreme Court.
  4. Prisons, reformatories, Borstal institutions and other institutions of a like nature, and persons detained therein; arrangements with other States for the use of prisons and other institutions.
  5. Local government, that is to say, the constitution and powers of municipal corporations, improvement trusts, districts boards, mining settlement authorities and other local authorities for the purpose of local self government or village administration.
  6. Public health and sanitation; hospitals and dispensaries.
  7. Pilgrimages, other than pilgrimages to places outside India.
  8. Intoxicating liquors, that is to say, the production, manufacture, possession, transport, purchase and sale of intoxicating liquors.
  9. Relief of the disabled and unemployable.
  10. Burials and burial grounds; cremations and cremation grounds.
  11. Libraries, museums and other similar institutions controlled or financed by the State; ancient and historical monuments and records.
  12. Communications, that is to say, roads, bridges, ferries, and other means of communication, municipal tramways; ropeways; inland waterways and traffic thereon.
  13. Agriculture, including agricultural education and research, protection against pests and prevention of plant diseases.
  14. Preservation, protection and improvement of stock and prevention of animal diseases; veterinary training and practice.
  15. Pounds and the prevention of cattle trespass.
  16. Water, that is to say, water supplies, irrigation and canals, drainage and embankments, water storage and water power.
  17. Land, that is to say, rights in or over land, land tenures including the relation of landlord and tenant, and the collection of rents; transfer and alienation of agricultural land; land improvement and agricultural loans; colonization.
  18. Fisheries.
  19. Courts of wards; encumbered and attached estates.
  20. Regulation of mines and mineral development.
  21. Industries.
  22. Gas and gas-works.
  23. Trade and commerce within the State.
  24. Production, supply and distribution of goods subject to the provisions
  25. Markets and fairs.
  26. Money-lending and money-lenders; relief of agricultural indebtedness.
  27. Inns and inn-keepers.
  28.  Incorporation, regulation and winding up of corporations, and universities; unincorporated trading, literary, scientific, religious and other societies and associations; co-operative societies.
  29. Theatres and dramatic performances; cinemas, sports, entertainments and amusements.
  30. Betting and gambling.
  31. Works, lands and buildings vested in or in the possession of the State.
  32. Elections to the Legislature of the State subject to the provisions of any law made by Parliament.
  33. Salaries and allowances of members of the Legislature of the State, of the Speaker and Deputy Speaker of the Legislative Assembly and, if there is a Legislative Council, of the Chairman and Deputy Chairman thereof.
  34. Powers, privileges and immunities of the Legislative Assembly and of the members and the committees thereof, and, if there is a Legislative Council, of that Council and of the members and the committees thereof; enforcement of attendance of persons for giving evidence or producing documents before committees of the Legislature of the State.
  35. Salaries and allowances of Ministers for the State.
  36. State public services; State Public Service Commission.
  37. State pensions, that is to say, pensions payable by the State or out of the Consolidated Fund of the State.
  38. Public debt of the State.
  39. Treasure trove.
  40. Land revenue, including the assessment and collection of revenue, the maintenance of land records, survey for revenue purposes and records of rights, and alienation of revenues.
  41. Taxes on agricultural income.
  42. Duties in respect of succession to agricultural land.
  43. Estate duty in respect of agricultural land.
  44. Taxes on lands and buildings.
  45. Taxes on mineral rights subject to any limitations imposed by Parliament by law relating to mineral development.
  46. Duties of excise on the following goods manufactured or produced in the State and countervailing duties at the same or lower rates on similar goods manufactured or produced elsewhere in India:—
    (a) alcoholic liquors for human consumption;
    (b) opium, Indian hemp and other narcotic drugs and narcotics; but not including medicinal and toilet preparations containing alcohol or any substance included in sub-paragraph (b) of this entry.
  47. Taxes on the entry of goods into a local area for consumption, use or sale therein.
  48. Taxes on the consumption or sale of electricity.
  49. Taxes on the sale or purchase of goods other than newspapers.
  50. Taxes on advertisements other than advertisements published in the newspapers and advertisements broadcast by radio or television.
  51. Taxes on goods and passengers carried by road or on inland waterways.
  52. Taxes on vehicles, whether mechanically propelled or not, suitable for use on roads, including tramcars subject to the provisions of entry 35 of
  53. Taxes on animals and boats.
  54. Tolls.
  55. Taxes on professions, trades, callings and employments.
  56. Capitation taxes.
  57. Taxes on luxuries, including taxes on entertainments, amusements, betting and gambling.
  58. Rates of stamp duty in respect of documents with regard to rates of stamp duty.
  59. Offences against laws with respect to any of the matters in this List.
  60. Jurisdiction and powers of all courts, except the Supreme Court, with respect to any of the matters in this List.
  61. Fees in respect of any of the matters in this List, but not including fees taken in any court.


List III—Concurrent List
1. Criminal law, including all matters included in the Indian Penal Code at the commencement of this Constitution but excluding offences against laws with respect to any of the matters specified in List I or List II and excluding the use of naval, military or air forces or any other armed forces of the Union in aid of the civil power.
2. Criminal procedure, including all matters included in the Code of Criminal Procedure at the commencement of this Constitution.
3. Preventive detention for reasons connected with the security of a State, the maintenance of public order, or the maintenance of supplies and services essential to the community; persons subjected to such detention.
4. Removal from one State to another State of prisoners, accused persons and persons subjected to preventive detention for reasons specified in entry 3 of this List.
5. Marriage and divorce; infants and minors; adoption; wills, intestacy and succession; joint family and partition; all matters in respect of which parties in judicial proceedings were immediately before the commencement of this Constitution subject to their personal law.
6. Transfer of property other than agricultural land; registration of deeds and documents.
7. Contracts, including partnership, agency, contracts of carriage, and other special forms of contracts, but not including contracts relating to agricultural land.
8. Actionable wrongs.
9. Bankruptcy and insolvency.
10. Trust and Trustees.
11. Administrators-general and official trustees.
11A. Administration of Justice; constitution and organisation of all courts, except the Supreme Court and the High Courts.
12. Evidence and oaths; recognition of laws, public acts and records, and judicial proceedings.
13. Civil procedure, including all matters included in the Code of Civil Procedure at the commencement of this Constitution, limitation and arbitration.
14. Contempt of court, but not including contempt of the Supreme Court.
15. Vagrancy; nomadic and migratory tribes.
16. Lunacy and mental deficiency, including places for the reception or treatment of lunatics and mental deficients.
17. Prevention of cruelty to animals.
17A. Forests.
17B. Protection of wild animals and birds.
18. Adulteration of foodstuffs and other goods.
19. Drugs and poisons, subject to the provisions of entry 59 of List I with respect to opium.
20. Economic and social planning.
20A. Population control and family planning.
21. Commercial and industrial monopolies, combines and trusts.
22. Trade unions; industrial and labour disputes.
23. Social security and social insurance; employment and unemployment.
24. Welfare of labour including conditions of work, provident funds, employers’ liability, workmen’s compensation, invalidity and old age pensions and maternity benefits.
25. Education, including technical education, medical education and universities, subject to the provisions of entries 63, 64, 65 and 66 of List I; vocational and technical training of labour.
26. Legal, medical and other professions. 1Ins. by the Constitution (Forty–second Amendment) Act, 1976, s. 57 (w.e.f. 3-1-1977).
27. Relief and rehabilitation of persons displaced from their original place of residence by reason of the setting up of the Dominions of India and Pakistan.
28. Charities and charitable institutions, charitable and religious endowments and religious institutions.
29. Prevention of the extension from one State to another of infectious or contagious diseases or pests affecting men, animals or plants.
30. Vital statistics including registration of births and deaths.
31. Ports other than those declared by or under law made by Parliament or existing law to be major ports.
32. Shipping and navigation on inland waterways as regards mechanically propelled vessels, and the rule of the road on such waterways,
and the carriage of passengers and goods on inland waterways subject to the provisions of List I with respect to national waterways.
33. Trade and commerce in, and the production, supply and distribution of,—
(a) the products of any industry where the control of such industry by the Union is declared by Parliament by law to be expedient in the
public interest, and imported goods of the same kind as such products; (b) foodstuffs, including edible oilseeds and oils;
(c) cattle fodder, including oilcakes and other concentrates;
(d) raw cotton, whether ginned or unginned, and cotton seed; and
(e) raw jute.]
33A. Weights and measures except establishment of standards.
34. Price control.
35. Mechanically propelled vehicles including the principles on which taxes on such vehicles are to be levied.
36. Factories.
37. Boilers.
38. Electricity.
39. Newspapers, books and printing presses.
40. Archaeological sites and remains other than those 1[declared by or under law made by Parliament] to be of national importance.
41. Custody, management and disposal of property (including agricultural land) declared by law to be evacuee property.
42. Acquisition and requisitioning of property.
43. Recovery in a State of claims in respect of taxes and other public demands, including arrears of land-revenue and sums recoverable as such arrears, arising outside that State.
44. Stamp duties other than duties or fees collected by means of judicial stamps, but not including rates of stamp duty.
45. Inquiries and statistics for the purposes of any of the matters specified in List II or List III.
46. Jurisdiction and powers of all courts, except the Supreme Court, with respect to any of the matters in this List.
47. Fees in respect of any of the matters in this List, but not including fees taken in any court.

What are the powers of our MLAs?


Legislative powers: The most important function of the legislature is law making. As defined by the Constitution of India – Seventh Schedule (Article 246), MLAs have powers to frame laws on all items in List II (state list) and List III (concurrent list). Some of these items are police, prisons, irrigation, agriculture, local governments, public health, pilgrimages, burial grounds, etc. Some items on which both parliament and states can make laws are education, marriage and divorce, forests, protection of wild animals and birds.
Financial powers: The next important role of the assembly and the MLAs is fiscal responsibility. The legislative assembly exercises control over the finances of the state and has to approve the budget presented by the government in power and ensure that money is allocated adequately and appropriately for the business of governance.
Executive power: The Legislature also has oversight over the Executive. MLA’s are expected to oversee and monitor all the programmes and schemes that the executive implements. This does not mean that they merely sit on committees approving beneficiary lists and houses and determining how local area development funds are spent. They are expected to ensure that the executive branch of the government does its job responsibly, responsively, transparently, impartially and in line with the decisions taken by the political executive.
Electoral power: The state Legislature plays a role in electing the President of India. Elected members of the Legislative Assembly along with the elected members of Parliament are involved in this process.
Constitutional powers: Some parts of the Indian Constitution can be amended by Parliament with the approval of half the state Legislatures. Thus the state legislatures take part in the process of amendment of our Constitution too.
Salary and other privileges of our MLAs
We must understand that our MLAs are also paid quite well for these services that they are expected to do. They are very quick in approving high salaries and special perks and privileges for themselves. In fact, the Karnataka Assembly, which included MLAs from the entire political spectrum, gave themselves a 73% hike in 2011 without even a discussion. After the customary question hour and zero hour, the then Minister for Law, Suresh Kumar presented two bills – Karnataka Ministers Salaries and Allowances (Amendment) Bill, 2011 and Karnataka Legislature Salaries, Pensions and Allowances (Second Amendment) Bill, 2011. As the opposition benches were vacant, the bills were passed without any discussion. The passing of these two bills raised the salaries of MLAs by an average of 73 per cent to over Rs 95,000 per month. Until then, the MLAs were paid a salary of Rs. 51,000 per month approximately and the ministers in the cabinet drew Rs 54,000 per month. In addition to this, the members are entitled to travel and dearness allowances, constituency maintenance allowance and wages for their personal staff among others. With the increase in salaries of both ministers and MLAs, the total financial burden on the state exchequer would be Rs 26 crore per annum. According to officials in the legislature, Karnataka ranks fifth in the country in terms of salaries and allowances to MLA’s. This is all the more reason for citizens to demand performance, accountability and transparency from the elected members who are compensated from the taxes that we pay.
Apart from the salary and other related perks, our MLAs also enjoy immunity. Like members of Parliament, members of the Legislature also enjoy freedom of speech on the floor of the House. They cannot be prosecuted for having said anything on the floor of the House. During session the members cannot be arrested in any civil cases.
Measuring the performance of our MLAs
Only when we know what our MLAs are expected to do, can we, as common citizens, understand how to measure their performance and assess how well they are playing their roles. It is extremely important for us to be aware of what they will be doing for the next 5 years when they are expected to be our elected representatives. Let us try to analyze how well they performed over the last 5 years. The Karnataka Assembly had only 16 sessions and met for a total of 164 days over these 5 years. The annual average was a mere 33 days in comparison to 71 days that the Lok Sabha met during this time. This shows how serious our members were in discussing matters related to the people of Karnataka and their development and performing the duties expected of them.
We the citizens must come together and demand that our MLAs bring out an annual report card clearly outlining their performance. They need to inform the people of their constituency how well they performed against indicators like their attendance in the assembly, the number of questions that they asked, their understanding and appreciation of the different policies and laws that they make, the time that they spend in consulting their constituents, how well they oversaw the executive and a statement disclosing their income and assets. As per Karnataka Election Watch that analyzed the affidavits of incumbent candidates, each MLA’s assets grew by an average of 79%. Without casting any aspersions on the sources, we the citizens of Karnataka have a right to know how our public servants are able to generate this kind of income. Only when we the common people continue to engage with our elected representatives even after the elections are over and continue to monitor and evaluate their performance will we be able to demand good governance from them. It is in our own interest that we do not relax but continue to demand both accountability and performance from our MLAs for the next 5 years.

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