Which one of the following is not a fundamental right ? ?->(Show Answer!)

1. Which one of the following is not a fundamental right ?

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QA->WHICH CONSTITUTIONAL AMENDMENT IN INDIA MADE PRIMARY EDUCATION A FUNDAMENTAL RIGHT....

MCQ-> Last fortnight, news of a significant development was tucked away in the inside pages of newspapers. The government finally tabled a bill in Parliament seeking to make primary education a fundamental right. A fortnight earlier, a Delhi-based newspaper had carried a report about a three-month interruption in the Delhi Government's ‘Education for All’ programme. The report made for distressing reading. It said that literacy centres across the city were closed down, volunteers beaten up and enrolment registers burnt. All because the state government had, earlier this year, made participation in the programme mandatory for teachers in government schools. The routine denials were issued and there probably was a wee bit of exaggeration in the report.But it still is a pointer to the enormity of the task at hand. That economic development will be inherently unstable unless it is built on a solid base of education, specially primary education, has been said so often that it is in danger of becoming a platitude. Nor does India's abysmal record in the field need much reiteration. Nearly 30 million children in the six to ten age group do not go to school — reason enough to make primary education not only compulsory but a fundamental right. But is that the Explanation? More importantly, will it work? Or will it remain a mere token, like the laws providing for compulsory primary education? It is now widely known that 14 states and four Union Territories have this law on their statute books.Believe it or not, the list actually includes Bihar, Madhya Pradesh (MP) and Rajasthan, where literacy and education levels are miles below the national average. A number of states have not even notified the compulsory education law. This is not to belittle the decision to make education a fundamental right. As a statement of political will, a commitment by the decision-makers, its importance cannot be undervalued. Once this commitment is clear, a lot of other things like resource allocation will naturally fall into place. But the task of universalizing elementary education (UEE) is complicated by various socio-economic and cultural factors which vary from region to region and within regions. If India's record continues to appall, it is because these intricacies have not been adequately understood by the planners and administrators.The trouble has been that education policy has been designed by grizzled mandarins ensconced in Delhi and is totally out of touch with the ground reality. The key then is to decentralise education planning and implementation. What's also needed is greater community involvement in the whole process. Only then can school timings be adjusted for convenience, school children given a curriculum they can relate to and teachers made accountable. For proof, one has only to look at the success of the district primary education programme, which was launched in 1994. It has met with a fair degree of success in the 122 districts it covers. Here the village community is involved in all aspects of education — allocating finances to supervising teachers to fixing school timings and developing curriculum and textbooks — through district planning teams. Teachers are also involved in the planning and implementation process and are given small grants to develop teaching and learning material, vastly improving motivational levels. The consequent improvement in the quality of education generates increased demand for education.But for this demand to be generated, quality will first have to be improved. In MP, the village panchayats are responsible for not only constructing and maintaining primary schools but also managing scholarships, besides organising non-formal education. How well this works in practice remains to be seen (though the department claims the schemes are working very well) but the decision to empower panchayats with such powers is itself a significant development. Unfortunately, the Panchayat Raj Act has not been notified in many states.After all, delegating powers to the panchayats is not looked upon too kindly by vested interests. More specifically, by politicians, since decentralisation of education administration takes away from them the power of transfer, which they use to grant favours and build up a support base. But if the political leadership can push through the bill to make education a fundamental right, it should also be able to persuade the states to implement the laws on Panchayat Raj. For, UEE cannot be achieved without decentralisation. Of course, this will have to be accompanied by proper supervision and adequate training of those involved in the administration of education. But the devolution of powers to the local bodies has to come first.One of the problems plaguing the education system in India is
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MCQ-> Study the following information carefully and answer the questions given below: Eight persons S, T, U, V, W, X, Y and Z live on eight different floors of a building but not necessarily in the same order. The lowermost floor of the building is numbered one, the one above that is numbered two and so one till the topmost floor is numbered eight. Each of them also works at a different banks namely, IDBI, SBI, HDFC, BOI, PNB, TJSB, Axis Bank and SVC, but not necessarily in the same order. • Z lives on an even numbered floor. Only three persons live between Z and the one who orks at BOI. W lives immediately below the one who works at BOI. • Only three persons live between W and the one who works at Axis Bank. • V lives immediately above T. V lives on an odd numbered floor. T does not work at BOI. • Only two persons live between T and the one who works at SBI. The one who works at SBI does not live on the lowermost floor. • The one who works at SVC lives immediately above the one who works at PNB. The one who works at SVC live on an even numbered floor but not on floor numbered two. • Only one person lives between the one who works at SVC and the one who works at IDBI. • X lives immediately above S. X lives on an even numbered floor. X does not work at TJSB. • U does not work at PNB and does not live on floor numbered four.Four of the following five are alike in a certain way based on the given arrangement and hence they form a group. Which one of the following does not belong to that group?
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MCQ-> There are a seemingly endless variety of laws, restrictions, customs and traditions that affect the practice of abortion around the world. Globally, abortion is probably the single most controversial issue in the whole area of women’s rights and family matters. It is an issue that inflames women’s right groups, religious institutions, and the self-proclaimed ‘guardians’ of public morality. The growing worldwide belief is that the right to control one’s fertility is a basic human right. This has resulted in a worldwide trend towards liberalization of abortion laws. Forty per cent of the world’s population live in countries where induced abortion is permitted on request. An additional 25 per cent live in countries where it is allowed if the women’s life would be endangered if she went to full term with her pregancy. The estimate is that between 26 and 31 million legal abortions were performed in that year. However, there were also between 10 and 22 million illegal abortions performed in that year.Feminists have viewed the patriarchal control of women’s bodies as one of the prime issues facing the contemporary women’s movement. They abserve that the defintion and control of women’s reproductive freedom have always been the province of men. Patriarchal religion, as manifest in Islamic fundamentalism,traditionalist Hindu practice, orthodox Judaism, and Roman Catholicism, has been an important historical contributory factor for this and continues to be an important presence in contemporary societies. In recent times, govenments, usually controlled by men, have ‘given’ women the right to contraceptive use and abortion access when their countries were perceived to have an overpopulation problem. When these countries are perceived to be underpopulated, that right had been absent. Until the 19th century, a woman’s rights to an abortion followed English common law; it could only be legally challenged if there was a ‘quickening’, when the first movements of the fetus could be felt. In 1800, drugs to induce abrotions were widely advertised in local newpapers. By 1900, abortion was banned in every state except to save the life of the mother. The change was strongly influenced by medical profession, which focussed its campaign ostensibly on health and safety issues for pregnant women and the sancity of life. Its position was also a means of control of non-licensed medical practitioners such as midwives and women healers who practiced abortion.The anti-abortion campaign was also influenced by political considerations. The large influx of eastern and southern European immigrants with their large families was seen as a threat to the population balance of the future United States. Middle and upper-classes Protestants were advocates of abortion as a form of birth control. By supporting abortion prohibitions the hope was that these Americans would have more children and thus prevent the tide of immigrant babies from overwhelming the demographic characteristics of Protestant America.The anti-abortion legislative position remained in effect in the United States through the first 65 years of the 20th century. In the early 1960s, even when it was widely known that the drug thalidomide taken during pregnancy to alleviate anxiety was shown to contribute to the formation of deformed ‘flipper-like’ hands or legs of children, abortion was illegal in the United States. A second health tragedy was the severe outbreak of rubella during the same time period, which also resulted in major birth defects. These tragedies combined with a change of attitude towards a woman’s right to privacy led a number of states to pass abortion permitting legislation.On one side of the controversy are those who call themselves ‘pro-life’. They view the foetus as a human life rather than as an unformed complex of cells; therefore, they hold to the belief that abortion is essentially murder of an unborn child. These groups cite both legal and religious reasons for their opposition to abortion. Pro lifers point to the rise in legalised abortion figures and see this as morally intolerable. On the other side of the issue are those who call themselves ‘pro-choice’. They believe that women, not legislators or judges, should have the right to decide whether and under what circumstances they will bear children. Pro-choicers are of the opinion that laws will not prevent women from having abortions and cite the horror stories of the past when many women died at the hands of ‘backroom’ abortionists and in desperate attempts to self-abort. They also observe that legalized abortion is especially important for rape victims and incest victims who became pregnant. They stress physical and mental health reasons why women should not have unwanted children.To get a better understanding of the current abortion controversy, let us examine a very important work by Kristin Luker titled Abortion and the Politics of Motherhood. Luker argues that female pro-choice and prolife activists hold different world views regarding gender, sex, and the meaning of parenthood. Moral positions on abortions are seen to be tied intimately to views on sexual bahaviour, the care of children, family life, technology, and the importance of the individual. Luker identified ‘pro-choice’ women as educated, affluent, and liberal. Their contrasting counterparts, ‘pro-life’ women, support traditional concepts of women as wives and mothers. It would be instructive to sketch out the differences in the world views of these two sets of women. Luker examines California, with its liberalized abortion law, as a case history. Public documents and newspaper accounts over a 26-year period were analysed and over 200 interviews were held withheld with both pro-life and pro-choice activists.Luker found that pro-life and pro-choice activists have intrinsically different views with respect to gender. Pro-life women have a notion of public and private life. The proper place for men is in the public sphere of work; for women, it is the private sphere of the home. Men benefit through the nurturance of women; women benefit through the protection of men. Children are seen to be the ultimate beneficiaries of this arrangement of having the mother as a full-time loving parent and by having clear role models. Pro-choice advocates reject the view of separate spheres. They object to the notion of the home being the ‘women’s sphere’. Women’s reproductive and family roles are seen as potential barriers to full equality. Motherhood is seen as a voluntary, not a mandatory or ‘natural’ role. In summarizing her findings, Luker believes that women become activists in either of the two movements as the end result of lives that centre around different conceptualizations of motherhood. Their beliefs and values are rooted to the concrete circumstances of their lives, their educations, incomes, occupations, and the different marital and family choices that they have made. They represent two different world views of women’s roles in contemporary society and as such the abortion issues represent the battleground for the justification of their respective views.According to your understanding of the author’s arguments, which countries are more likely to allowabortion?
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MCQ-> The current debate on intellectual property rights (IPRs) raises a number of important issues concerning the strategy and policies for building a more dynamic national agricultural research system, the relative roles of public and private sectors, and the role of agribusiness multinational corporations (MNCs). This debate has been stimulated by the international agreement on Trade Related Intellectual Property Rights (TRIPs), negotiated as part of the Uruguay Round. TRIPs, for the first time, seeks to bring innovations in agricultural technology under a new worldwide IPR regime. The agribusiness MNCs (along with pharmaceutical companies) played a leading part in lobbying for such a regime during the Uruguay Round negotiations. The argument was that incentives are necessary to stimulate innovations, and that this calls for a system of patents which gives innovators the sole right to use (or sell/lease the right to use) their innovations for a specified period and protects them against unauthorised copying or use. With strong support of their national governments, they were influential in shaping the agreement on TRIPs, which eventually emerged from the Uruguay Round. The current debate on TRIPs in India - as indeed elsewhere - echoes wider concerns about ‘privatisation’ of research and allowing a free field for MNCs in the sphere of biotechnology and agriculture. The agribusiness corporations, and those with unbounded faith in the power of science to overcome all likely problems, point to the vast potential that new technology holds for solving the problems of hunger, malnutrition and poverty in the world. The exploitation of this potential should be encouraged and this is best done by the private sector for which patents are essential. Some, who do not necessarily accept this optimism, argue that fears of MNC domination are exaggerated and that farmers will accept their products only if they decisively outperform the available alternatives. Those who argue against agreeing to introduce an IPR regime in agriculture and encouraging private sector research are apprehensive that this will work to the disadvantage of farmers by making them more and more dependent on monopolistic MNCs. A different, though related apprehension is that extensive use of hybrids and genetically engineered new varieties might increase the vulnerability of agriculture to outbreaks of pests and diseases. The larger, longer-term consequences of reduced biodiversity that may follow from the use of specially bred varieties are also another cause for concern. Moreover, corporations, driven by the profit motive, will necessarily tend to underplay, if not ignore, potential adverse consequences, especially those which are unknown and which may manifest themselves only over a relatively long period. On the other hand, high-pressure advertising and aggressive sales campaigns by private companies can seduce farmers into accepting varieties without being aware of potential adverse effects and the possibility of disastrous consequences for their livelihood if these varieties happen to fail. There is no provision under the laws, as they now exist, for compensating users against such eventualities. Excessive preoccupation with seeds and seed material has obscured other important issues involved in reviewing the research policy. We need to remind ourselves that improved varieties by themselves are not sufficient for sustained growth of yields. in our own experience, some of the early high yielding varieties (HYVs) of rice and wheat were found susceptible to widespread pest attacks; and some had problems of grain quality. Further research was necessary to solve these problems. This largely successful research was almost entirely done in public research institutions. Of course, it could in principle have been done by private companies, but whether they choose to do so depends crucially on the extent of the loss in market for their original introductions on account of the above factors and whether the companies are financially strong enough to absorb the ‘losses’, invest in research to correct the deficiencies and recover the lost market. Public research, which is not driven by profit, is better placed to take corrective action. Research for improving common pool resource management, maintaining ecological health and ensuring sustainability is both critical and also demanding in terms of technological challenge and resource requirements. As such research is crucial to the impact of new varieties, chemicals and equipment in the farmer’s field, private companies should be interested in such research. But their primary interest is in the sale of seed materials, chemicals, equipment and other inputs produced by them. Knowledge and techniques for resource management are not ‘marketable’ in the same way as those inputs. Their application to land, water and forests has a long gestation and their efficacy depends on resolving difficult problems such as designing institutions for proper and equitable management of common pool resources. Public or quasi-public research institutions informed by broader, long-term concerns can only do such work. The public sector must therefore continue to play a major role in the national research system. It is both wrong and misleading to pose the problem in terms of public sector versus private sector or of privatisation of research. We need to address problems likely to arise on account of the public-private sector complementarity, and ensure that the public research system performs efficiently. Complementarity between various elements of research raises several issues in implementing an IPR regime. Private companies do not produce new varieties and inputs entirely as a result of their own research. Almost all technological improvement is based on knowledge and experience accumulated from the past, and the results of basic and applied research in public and quasi-public institutions (universities, research organisations). Moreover, as is increasingly recognised, accumulated stock of knowledge does not reside only in the scientific community and its academic publications, but is also widely diffused in traditions and folk knowledge of local communities all over. The deciphering of the structure and functioning of DNA forms the basis of much of modern biotechnology. But this fundamental breakthrough is a ‘public good’ freely accessible in the public domain and usable free of any charge. Various techniques developed using that knowledge can however be, and are, patented for private profit. Similarly, private corporations draw extensively, and without any charge, on germplasm available in varieties of plants species (neem and turmeric are by now famous examples). Publicly funded gene banks as well as new varieties bred by public sector research stations can also be used freely by private enterprises for developing their own varieties and seek patent protection for them. Should private breeders be allowed free use of basic scientific discoveries? Should the repositories of traditional knowledge and germplasm be collected which are maintained and improved by publicly funded organisations? Or should users be made to pay for such use? If they are to pay, what should be the basis of compensation? Should the compensation be for individuals or (or communities/institutions to which they belong? Should individual institutions be given the right of patenting their innovations? These are some of the important issues that deserve more attention than they now get and need serious detailed study to evolve reasonably satisfactory, fair and workable solutions. Finally, the tendency to equate the public sector with the government is wrong. The public space is much wider than government departments and includes co- operatives, universities, public trusts and a variety of non-governmental organisations (NGOs). Giving greater autonomy to research organisations from government control and giving non- government public institutions the space and resources to play a larger, more effective role in research, is therefore an issue of direct relevance in restructuring the public research system.Which one of the following statements describes an important issue, or important issues, not being raised in the context of the current debate on IPRs?
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MCQ-> Read the following passage carefully and answer the questions given at the end. When Ratan Tata moved the Supreme Court, claiming his right to privacy had been violated, he called Harish Salve. The choice was not surprising. The former solicitor general had been topping the legal charts ever since he scripted a surprising win for Mukesh Ambani against his brother Anil. That dispute set the gold standard for legal fees. On Mukesh’s side were Salve, Rohinton Nariman, and Abhishek Manu Singhvi. The younger brother had an equally formidable line-up led by Ram Jethmalani and Mukul Rohatgi.The dispute dated back three-and-a-half years to when Anil filed case against his brother for reneging on an agreement to supply 28 million cubic metres of gas per day from its Krishna-Godavari basin fields at a rate of $ 2.34 for 17 years. The average legal fee was Rs. 25 lakh for a full day's appearance, not to mention the overnight stays at Mumbai's five-star suites, business class travel, and on occasion, use of the private jet. Little wonder though that Salve agreed to take on Tata’s case pro bono. He could afford philanthropy with one of India’s wealthiest tycoons.The lawyers’ fees alone, at a conservative estimate, must have cost the Ambanis at least Rs. 15 crore each. Both the brothers had booked their legal teams in the same hotel, first the Oberoi and, after the 26/ ll Mumbai attacks, the Trident. lt’s not the essentials as much as the frills that raise eyebrows. The veteran Jethmalani is surprisingly the most modest in his fees since he does not charge rates according to the strength of the client's purse. But as the crises have multiplied, lawyers‘fees have exploded.The 50 court hearings in the Haldia Petrochemicals vs. the West Bengal Government cost the former a total of Rs. 25 crore in lawyer fees and the 20 hearings in the Bombay Mill Case, which dragged on for three years, cost the mill owners almost Rs. 10 crore. Large corporate firms, which engage star counsels on behalf of the client, also need to know their quirks. For instance, Salve will only accept the first brief. He will never be the second counsel in a case. Some lawyers prefer to be paid partly in cash but the best are content with cheques. Some expect the client not to blink while picking up a dinner tab of Rs. 1.75 lakh at a Chennai five star. A lawyer is known to carry his home linen and curtains with him while travelling on work. A firm may even have to pick up a hot Vertu phone of the moment or a Jaeger-LeCoutre watch of the hour to keep a lawyer in good humour.Some are even paid to not appear at all for the other side - Aryama Sundaram was retained by Anil Ambani in the gas feud but he did not fight the case. Or take Raytheon when it was fighting the Jindals. Raytheon had paid seven top lawyers a retainer fee of Rs. 2.5 lakh each just to ensure that the Jindals would not be able to make a proper case on a taxation issue. They miscalculated when a star lawyer fought the case at the last minute. “I don’t take negative retainers”, shrugs Rohatgi, former additional solicitor general. “A Lawyer’s job is to appear for any client that comes to him. lt’s not for the lawyers to judge if a client is good or bad but the court”. Indeed. He is, after all, the lawyer who argued so famously in court that B. Ramalinga Raju did not ‘fudge any account in the Satyam Case. All he did was “window dressing”.Some high profile cases have continued for years, providing a steady source of income, from the Scindia succession battle which dates to 1989, to the JetLite Sahara battle now in taxation arbitration to the BCCI which is currently in litigation with Lalit Modi, Rajasthan Royals and Kings XI Punjab.Think of the large law firms as the big Hollywood studios and the senior counsel as the superstar. There are a few familiar faces to be found in most of the big ticket cases, whether it is the Ambani gas case, Vodafone taxation or Bombay Mills case. Explains Salve, “There is a reason why we have more than one senior advocate on a case. When you're arguing, he’s reading the court. He picks up a point or a vibe that you may have missed.” Says Rajan Karanjawala, whose firm has prepared the briefs for cases ranging from the Tata's recent right to privacy case to Karisma Kapoor’s divorce, “The four jewels in the crown today are Salve, Rohatgi, Rohinton Nariman and Singhvi. They have replaced the old guard of Fali Nariman, Soli Sorabjee, Ashok Desai and K.K. Venugopal.” He adds, “The one person who defies the generational gap is Jethmalani who was India's leading criminal lawyer in the 1960s and is so today.”The demand for superstar lawyers has far outstripped the supply. So a one-man show by, say, Rohatgi can run up billings of Rs. 40 crore, the same as a mid-sized corporate law firm like Titus and Co that employs 28 juniors. The big law filik such as AZB or Amarchand & Mangaldas or Luthra & Luthra have to do all the groundwork for the counsel, from humouring the clerk to ensure the A-lister turns up on the hearing day to sourcing appropriate foreign judgments in emerging areas such as environmental and patent laws. “We are partners in this. There are so few lawyers and so many matters,” points out Diljeet Titus.As the trust between individuals has broken down, governments have questioned corporates and corporates are questioning each other, and an array of new issues has come up. The courts have become stronger. “The lawyer,” says Sundaram, with the flourish that has seen him pick up many Dhurandhares and Senakas at pricey art auctions, “has emerged as the modern day purohit.” Each purohit is head priest of a particular style. Says Karanjawala, “Harish is the closest example in today's bar to Fali Nariman; Rohinton has the best law library in his brain; Mukul is easily India's busiest lawyer while Manu Singhvi is the greatest multi-tasker.” Salve has managed a fine balancing act where he has represented Mulayam Singh Yadav and Mayawati, Parkash Singh Badal and Amarinder Singh, Lalit Modi and Subhash Chandra and even the Ambani brothers, of course in different cases. Jethmalani is the man to call for anyone in trouble. In judicial circles he is known as the first resort for the last resort. Even Jethmalani’s junior Satish Maneshinde, who came to Mumbai in I993 as a penniless law graduate from Karnataka, shot to fame (and wealth) after he got bail for Sanjay Dutt in 1996. Now he owns a plush office in Worli and has become a one-stop shop for celebrities in trouble.Which of the following is not true about Ram Jethmalani?
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