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Atmospheric Composition/Basic Concepts

Atmospheric Composition Basic Concepts and Terminologies
• The atmosphere is made up of gases and vapor, and receives incoming solar energy from the sun giving rise to what we call climate.
• We live at the bottom of this indefinite layer of atmosphere where the air is densest.
• Moving up, the air thins out and the atmosphere extends up to 6000 miles above sea level.
• The lowest layer, in which the weather is confined, is known as the troposphere.

Thickness of the Atmosphere
• The upper limit of the atmosphere is 10,000 km (6000 miles) above the earth surface. However, most of the meteorologists consider the top of the atmosphere at round 480 km (300 miles).
Structure of Atmosphere On the basis of composition
Homosphere and Heterosphere
• Homosphere is a zone where the constituent gases are fairly well mixed and the composition is homogeneous throughout. The Homosphere extends up to an altitude of about 50 miles above sea level.
• Heterosphere lies above the Homosphere and is a zone of poor mixing where the average composition varies depending on the location. This region starts at 50 to 60 miles (80-100 km) above the earth and, therefore, closely coincides with the ionosphere and the thermosphere.
Structure of Atmosphere on the basis of Temperature
About 50% of the atmosphere is confined to 5.6km and 97% upto 29km. On the basis of characteristic of temperature and pressure there are different layers of atmosphere.
  

Basic Fundamental Rights/Rights for Citizens and Aliens/Military Laws

Basic Fundamental Rights Fundamental Rights between Citizens and Aliens Articles related to Martial Law
Fundamental Rights are basic rights as they are most essential for the attainment of full intellectual, moral and spiritual stature by an individual. These are known as the Magna Carta of India.
Part III of the Constitution is called the Cornerstone of the Constitution (Sajjan Singh V/s State of Rajasthan) and together with Part IV (Directive Principles of State Policy) it constitutes the ‘Conscience of the Constitution’.
The 44th amendment has abolished right to property as fundamental right as guaranteed by Article 19(1)(f) and article 31of the constitution and hence Article 19(1)(f) and article 31 omitted.
Classification of Fundamental Rights: All the fundamental rights have been classified under the following six categories:
• Right to be Equality (Art.14-18)
• Right to Freedom (Art.19-22)
• Right against Exploitation (23-24)
• Right to Freedom of Religion (Art.25-28)
• Cultural and Educational Rights (Art.29-30)
• Right to Constitutional Remedies (Art.32)
Article 12: Defines state (As used in FRs) which includes:
• The Government and Parliament of India,
• The Government and legislatures of the states,
• All local authorities and
• Other authorities in India or under the control of the Government of India.
Article 13: Laws inconsistence with FRs:
• Provides shield to FRs by declaring that all laws, which are inconsistent with or in derogation of any of the Fundamental Rights, shall be void to the extent of their inconsistency.
• Here the terms law includes ordinance, order, bye-law, rule, regulation, notification, custom or usage.
• Thus, Article 13 imposes an obligation on the State to respect and implement the Fundamental Rights and provides the Judiciary the Judicial Review power.
RIGHT TO EQUALITY: Article 14 to 18:
Article 14: says that state shall not deny to any person equality before the law or the equal protection of the laws within the territory of India.
Two aspects are there:
• Equality Before Law: A negative concept, where no man is above law. It ensures juristic equality under the constitution. Equality is antithetic to arbitrariness. Equality and arbitrariness are sworn enemies.
• But certain exceptions to it are, the president of India, state governors, Public servants, Judges, Foreign diplomats, etc., who enjoy immunities, protections, and special privileges.
• Equal Protection of Law: A positive concept, which says that law(s) shall be applied equally among individuals who are placed equally. It means like should be treated alike.
Rule of Law: The guarantee of Equality before Law is an aspect of, what Lord Dicey calls, the Rule of Law that originated in England. It means no man is above law and that every person, whatever be his rank or status is subject to the jurisdiction of ordinary Courts. It also says that no person shall be subject to harsh, uncivilized or discriminatory treatment even for the sake of maintaining law and order.
There are three basic meaning of Rule of Law:
• Absence of Arbitrary power or supremacy of law.
• Equality before law – No one is above law
• The Constitution is the Supreme Law of the land and all laws passed by the legislature must be consistent with the provisions of the Constitution.
Article 15: Prohibition of discrimination on the grounds of religion, race, caste, sex or place of birth
• This says that the state shall not discriminate against only of religion, race, caste, sex, place of birth or any of them.
• No citizen shall, on grounds only of religion, race, caste, sex, place of birth or any of them, be subject to any disability, restriction or condition with regard to:
a) Access to shops, public restaurants, hotels and places of public entertainment;
b) The use of wells, tanks, bathing ghats, roads and places of public resort maintained wholly or partly out of State funds or dedicated to the use of the general public.
• Under Article 15 (3) and (4), the government can make special provisions for women & children and for a group of citizens who are economically and socially backward.
• This also brings in the concept of Reservation for socially and economically backward classes.
Article 16: Equality of Opportunity in matters of Public Employment
• According to this, the state is prohibited from showing any discrimination against any citizen on grounds of religion, caste, race, sex, descent, place of birth or residence.
• The other clauses of this Article are in the nature of exceptions such as:
a) Residence can be a criteria for employment on the basis of historical aspects.
b) Special favours in case of backward classes, if they are not adequately represented.
c) Religion can be the ground for discrimination for appointment in religious institutions which are taken over by the state.
Article 17: Abolition of Untouchability
• It abolishes “untouchability” and its practice in any form is made an offence punishable under the law.
• The enforcement of any disability arising out of untouchability shall be an offense punishable by law.
• Untouchability: not to be understood in its literary or grammatical sense and to be understood as the practise as it has developed historically.
• Civil Rights: Any right accruing to a person by reason of the abolition of untouchability under Art 17 of the Constitution.
• Article 17 imposes a duty on public servants to investigate such offences.
Article 18: Abolition of Titles
• No title, not being a military or academic distinction, shall be conferred by the State.
• No citizen of India shall accept any title from any foreign state.
• No person who is not a citizen of India shall, while he holds any office of profit or trust under the State, accept without the consent of the President any title from any foreign State.
• No person holding any office of profit or trust under the State shall, without the consent of the President, accept any present emolument or office of any kind from or under any foreign State.
RIGHT TO FREEDOM: Art. 19-22:
Article 19: These freedoms are available only to the citizens. The six fundamental freedoms enumerated by Art.19 are the right to:-
a) Freedom of speech and expression
b) Assemble peaceably and without arms
c) Form association or unions
d) Move freely throughout the territory of India.
e) Reside and settle in any part of the territory of India and
f) To practice any profession or to carry on any occupation, trade or business.
However, these rights are not available in real sense and the following restrictions may be imposed on these rights:
a) The state can make a law which imposes reasonable restrictions on the exercise of these rights on the grounds of security of the state, friendly relations with foreign states, public order, decency or morality or in relation to contempt of court, defamation or incitement to an offence (Art.19 (2).
b) The state can also make laws imposing reasonable restrictions on the freedom of movement and residence in the interests of general public or for the protection of the interests of STs.
c) Although a citizen is free to adopt any profession or occupation under Art.19, the state can make laws relating to professional or technical qualifications necessary for profession. The state can also carry on any trade, business, industry or service to the exclusion of citizens.
Freedom of Press: The expression freedom of press has not been used in Art. 19 but is comprehended within the freedom of speech and expression.
Reasonableness is subject to judicial reviews: The power to determine as to what constitutes a reasonable restriction is given to courts. The court ultimately decides whether a limitation is reasonable or not. If the court finds a restriction to be unreasonable it will declare the law or order containing it to be unconstitutional and void. Thus the reasonableness of a restriction is subject to judicial review.
Article 19 and Judicial Review: The six basic freedoms under Art 19 are not absolute. The state can impose reasonable restrictions. The expression ‘Reasonable Restriction’ has introduced the doctrine of Judicial Review. The determination by the legislature of what constitutes the reasonable restriction is subject to judicial review.
In determining the reasonableness court looks not only to the surrounding circumstances but also other laws which were passed as a single scheme.
Article 20: (Protection in respect of conviction for offenses):
Article 20 says that state can impose reasonable restrictions on the groups of security of the state, friendly relations with foreign states, public order, decency, morality, contempt of court, defamation, etc.
• No person shall be convicted of any offence except for violation of the law in force at the time of the commission of the act charged as an offence, nor be subjected to a penalty greater than that which might have been inflicted under the law in force at the time of the commission of the offence.
• No person shall be prosecuted and punished for the same offence more than once.
• No person accused of any offence shall be compelled to be a witness against himself.
Article 21: Protection of Life and Personal Liberty
• No person shall be deprived of his life or personal liberty except according to procedure established by law. Earlier view about liberty: It means a personal right not to be subjected to imprisonment, arrest or other physical coercion without legal justification.
• But now it has widest amplitude and it covers a variety of rights which constitutes personal liberty.
Giving the widest interpretation to Art 21, the Supreme Court has declared the following rights as fundamental rights within the scope of Art. 21:
• Right to education
• Right to health
• Right to environment
• Right to shelter
• Right to privacy
• Right to speedy trial
• Right of the prisoners
• Right to legal aid
• Right against cruel and unusual punishment
• Right not to be subjected to bonded labour
• Right to travel abroad
• Right against solitary confinement
• Right against handcuffing
Right to Education (Art. 21-A):
• By the Constitution (86th Amendment) Act, 2002 a new fundamental right has been provided by inserting Art. 21-A. It casts a duty on the state to provide free and compulsory education to all children between the ages of 6 to 14 years. To implement this right the State will enact appropriate laws. Education being a concurrent subject laws may be enacted either by the Union or the States.
In the same way, Supreme Court has also held that Freedom of speech and expression guaranteed under Article 19(1) includes the right to know, right to information and right to reply.
• It must be noted here that Right to life does not include Right to Die or Right to get killed i.e. mercy killing.
• Capital Punishment has not been held violative of Article 14, 19 and 21.
• Hanging as a mode of execution is also fair and just as per Supreme Court.
• The Supreme Court has held that right to live also include Right to live with dignity.
Article 22: Protection against arrest and detention
Art.22 has two parts. The first part deals with Punitive Detention and the second part with Preventive Detention. If a person is arrested after committing a crime, it is called punitive detention. Art. 22 provides following protection against such detention.
• Right to be informed of the ground of arrest.
• Right to consult and be defended by a lawyer.
• Right to be produced before a magistrate within 24 hours of his arrest (excluding the time of journey).
• Right not to be detained for more than 24 hours without the authority of a magistrate.
The above rights are not available to an enemy alien and a person detained under a law of prevention detention.
Preventive Detention: the detention of a person even before he commits a crime so that he can be prevented from committing the crime. These safeguards are available even to enemy aliens. Preventive detention is possible only on limited grounds such as defence, foreign affairs, security of state, and maintenance of public order.
• Since, 1950 the following preventive detention acts have been passed:
• Preventive Detention Act, 1950 (Repealed)
• Maintenance of Internal Security Act, 1971 (MISA) (Repealed)
• Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (COFEPOSA)
• National Security Act, 1980
• Prevention of Terrorism Act, 2002 (POTA) (Repealed)
• Terrorist & Disruptive Activities (Prevention) Act, 1987 (Repealed)
• Essential Services Maintenance Act, (ESMA)
Safeguards against preventive detention:
• If the detention is for more than 3 months the matter must be referred to an advisory board in which there shall be a High Court judge. The detention may be continued only where the advisory board considers that there are sufficient grounds for further detention.
• Grounds of detention must be communicated to the detenu.
• The detenu must be given an opportunity to make a representation against the order of detention.
RIGHTS AGAINST EXPLOITATION: Article 23 & 24
Article 23: Prohibition of Traffic in human beings and forced labour:
• It prohibits traffic in human beings, beggar and all other forms of forced labour. Selling a human being or pledging the services of human beings for a consideration, living on the earnings of a prostitute are examples of trafficking.
• Parliament has enacted the Immoral Traffic (Prevention) Act, 1956 and the Bonded Labour System (Abolition) Act 1976 to punish for such traffic.
• However, Clause 1 & 2 of Art 23 allows the State to impose compulsory service for public purposes. Conscription of the defence of the country of assisting the police in trying circumstances would be permissible under Art 23(2).
Article 24: Prohibition of employment of children in factories, etc
• It prohibits the employment of children below the age of 14 years in any Factory, Mine or Other Hazardous Employment.
• The Employment of Children Act, 1938, the Child Labour (Prohibition and Regulation) Act, 1986, the Factories Act, 1948, The Mines Act, 1953 and similar other Acts prohibit the employment of children below 14 years of age.
• In M C Mehta v/s State of Tami Nadu, the SC held that state authorities should protect economic, social and humanitarian rights of millions of children working illegally in public and private sectors. The SC has laid down exhaustive guidelines for the education of children and for setting up a Child Labour Rehabilitation Welfare Fund.
• Other industries in respect of which the directions were given are Diamond polishing, Precious stone polishing, Glass industry, Brass-ware industry, Carpet industry, Lock-making industry and State industry.
RIGHT TO FREEDOM OF RELIGION: Article 25 – 28
The Preamble of the Constitution declares Liberty of thought, expression, belief, faith and worship. This read with Articles 25 to 28, guarantees equality in the matters of faith and religion. Secularism means that the State shall observe an attitude of neutrality and impartiality towards all religions. Right to Freedom of Religion
Article 25: Freedom of conscience and free profession, practice and propagation of religion
• It provides Freedom of conscience and right to profession, practice and propagation of religion. However, this right is subject to public order, health and morality.
• Secondly, the State may by law regulate economic, financial, political or other secular activity which may be associated with religious practice but do not constitute an essential part of religion, e.g., right to observe and practice rituals and to manage religious affairs is protected. But the right to manage a temple can be controlled.
• Thirdly, the State may intervene to bring social reform and for throwing open of Hindu temples to all sections of Hindus.
Two fold freedom:
• Freedom of Conscience
• Freedom to profess, practice and propagate religion
a) Conscience: Absolute inner freedom of the citizen to mould his own relation with God in whatever manner he likes.
b) Profess: To declare freely and openly one’s faith and belief.
c) Practice: To perform the prescribed religious duties, rites and rituals and to exhibit his religious beliefs.
d) Propagate: Spread and publicise his religious view for edification of others.
Religious Conversions: As per the SC, Right to Propagate does not include the right to convert. Though voluntary conversion is permitted under Art 25 and laws can be made against forced conversion as in the case of M.P., Orissa, Rajasthan, Chhattisgarh, Himachal Pradesh, Gujarat and Tamil Nadu which have legislated making forced conversion a penal offence.
Article 26: Freedom to manage religious affairs
• This article allows every religious denomination or a section of it to establish and maintain institutions for religious and charitable purposes and manage their religious affairs.
• They can also acquire and own movable and immovable properties and administer such properties in accordance with law.
Article 27: Freedom from payment of taxes for promotion of any particular religion
• Article 27 prohibits the state to impose a tax proceeds of which are meant for payment of promotion or maintenance of any particular religion.
• It means that the state cannot raise a religious tax and also that the state cannot spend its secular taxes for any particular religion as it would go against its secular character.
Article 28: Freedom from attendance religious instructions or worship in educational institutions:
• Educational institutions wholly maintained by state funds are prohibited from imparting religious instructions.
• However, an institution established by a trust but administered by the state can impart religious instructions. But in these institutions no person can be compelled to attend these instructions.
EDUCATIONAL AND CULTURAL RIGHTS: Article 29 and 30
Article 29: Protection of interest of Minorities
This article has two clauses,
• Clause (1) gives protection to every section of the citizens having a distinct language, script or culture;
• Clause (2) relates to admission into educational institutions which are maintained or aided by state funds.
• No citizen shall be denied admission in such institutions on grounds only of religion, race, caste, language or any of them.
Article 30: Right of minorities to establish and administer educational institutions
• Clause (1) of this article gives all minorities, i.e., linguistic or religious, the right to establish and administer educational institutions of their choice.
• Article 29 and 30 both confer certain rights on the minorities. Article 30 specifically mentions the right of all minorities to establish and administer educational institutions.
RIGHT TO PROPERTY AND SAVING OF CERTAIN LAWS: Article 31
Article 31: Abolition of right to property
• The Constitution (44th Amendment) Act, 1978 omitted Article 19(1)(f) (Right to acquire, held hold and dispose of property), and shifted the provision in Article 31 (no person shall be deprived of his property except by law) to another article viz. Article 300-A.
• The effect of this change is that the right to property is no more a fundamental right. Thus the Right to property though still a constitutional right, is not a fundamental right. If this right is infringed the aggrieved person cannot access the Supreme Court directly under Art. 32.
Right to Constitutional Remedies: Article 32
• According to Dr B. R. Ambedkar, ‘It is the very soul of the Constitution and the very heart of it. It is the Right to Constitutional Remedies that makes the Fundamental Rights real.
• According to Article 32, when an individual feels that he has been “unduly deprived” of his fundamental rights, he can move the Supreme Court and seek justice.
• Supreme Court has included it in basic structure doctrine.
• The right to move to the Supreme Court where a fundamental right has been infringed is itself a fundamental right. It is a constitutional remedy which has been guaranteed by the Constitution.
Under Article 32, the Supreme Court can issue the following five writs for restoration of fundamental rights. These writs are: Habeas Corpus; Mandamus; Prohibition; Certiorari and Quo Warranto.

Pay Commission of India

Pay Commission is set up intermittently by Government of India, and gives its recommendations regarding changes in salary structure of its employees.
Pay Commission
(a) Examine, review, evolve and recommend changes that are desirable and feasible regarding the principles that should govern the emoluments structure including pay, allowances and other facilities/benefits, in cash or kind, having regard to rationalization and simplification therein as well as the specialized needs of various Departments, agencies and services, in respect of the following categories of employees:—
(i) Central Government employees—industrial and non-industrial;
(ii) Personnel belonging to the All India Services;
(iii) Personnel of the Union Territories;
(iv) Officers and employees of the Indian Audit and Accounts Department;
(v) Members of the regulatory bodies (excluding the RBI) set up under the Acts of Parliament; and
(vi) Officers and employees of the Supreme Court
7th Pay Commission recommendations
• In relation to an employee, the Commission proposed to increase (i) the minimum salary to Rs 18,000 per month, and (ii) the maximum salary to Rs 2,50,000 per month.
• It also recommended moving away from the existing system of pay bands and grade pay, which is used to determine an employee’s salary.  Instead, it proposed a new pay matrix which will take into account the hierarchy of employees, and their pay progression during the course of employment.
• The Commission also suggested that this matrix should be reviewed periodically, with a frequency of less than 10 years.
• The Pay Commission also suggested a linkage between performance and remuneration of an employee.  For this, it proposed the introduction of performance related pay which will be based on an annual appraisal of the employee.
• In addition, it recommended that annual increments of an employee should be withheld, if he is unable to meet the benchmark required for regular promotion or career progression.
• The Commission also sought to abolish or merge some of the allowances that may be given to employees by various government departments.  It suggested that, of the 196 allowances that exist, 52 should be abolished and 36 should either be merged under existing heads, or be included under proposed allowances.  Some of these allowances involved payment of a meagre amount of close to Rs 100 per month.
• In addition, the rates of House Rent Allowance (HRA) were revised.  The Commission proposed a methodology to increase the HRA rates every time the Dearness Allowance given to employees increased to 50% or 100%.  Dearness Allowance is given to employees in lieu of increases in the cost of living, on account of inflation.
• The Commission had also proposed a new methodology for computing pension for pensioners who retired before January 1, 2016.  This is aimed at bringing parity between past and current pensioners.  As part of the new methodology, two options for calculation of pension have been prescribed, and the pensioner may opt for either one.

Linguistic Minorities

Most of the States have a dominant language which is spoken by majority of the people which is called as regional language. All those who do not speak the Regional Language belong to linguistic minorities.
Three different kinds of linguistic minorities could be identified in India and they are:
• Linguistic minorities
• Linguistic minorities with tribal affiliation
• Linguistic minorities with religious affiliation
About 36.3 million of India’s 1.2 billion strong population (Census 2011) speak an “absolute minority language”, a language which in every of India’s 28 States forms a minority. Most of those languages are Adivasi languages.
Safeguards for Linguistic Minorities are:
• Translation and publication of important rules, regulations, notices, etc., into all languages, which are spoken by at least 15% of the total population at district or sub-district level.
• Declaration of minority languages as second official language in districts where persons speaking such languages constitute 60% or more of the population.
• Receipt of, and reply to, representations in minority languages; scheme of safeguards.
• Instruction through mother tongues/ minority languages at the Primary stage of education.
• Instruction through minority languages at the Secondary stage of education.
• Advance registration of linguistic preference of linguistic minority pupils, and inter-school adjustments.
• Provision for text books and teachers in minority languages; scheme of safeguards.
• Implementation of Three-language Formula.
• No insistence upon knowledge of State’s Official Language at the time of recruitment. Test of proficiency in the State’s Official Language to be held before completion of probation.
• Issue of Pamphlets in minority languages detailing safeguards available to linguistic minorities.
• Setting up of proper machinery at the State and district levels.
The Central Institute of Indian Languages (CIIL), Mysore, a subordinate office of the Ministry of Human Resource Development is implementing a scheme for preservation and protection of languages spoken by less than 10000 people.  Under the scheme, grammatical descriptions, monolingual and bilingual dictionaries, language primers, anthologies of folklore, encyclopedias, etc of all the endangered languages / mother tongues, especially those spoken by less than 10000 persons are prepared.

Geographical Indication

A geographical indication (GI) is a sign that identifies a product as originating from a particular location which gives that product a special quality or reputation or other characteristic.
Under the Geographical Indications Act, it is not necessary to file an application to protect the GI. 
A GI is distinct from a trade mark. A GI informs consumers that a product comes from a certain place and has special qualities due to that place of origin, while a trade mark is used to distinguish a business’ goods or services from those of its competitors. A GI may be used by all producers or traders whose products originate from that place and which share typical characteristics, while a trade mark gives its owners the right to prevent others from using the trade mark.
A geographical indication right enables those who have the right to use the indication to prevent its use by a third party whose product does not conform to the applicable standards. For example, in the jurisdictions in which the Darjeeling geographical indication is protected, producers of Darjeeling tea can exclude use of the term “Darjeeling” for tea not grown in their tea gardens or not produced according to the standards set out in the code of practice for the geographical indication.
However, a protected geographical indication does not enable the holder to prevent someone from making a product using the same techniques as those set out in the standards for that indication. Protection for a geographical indication is usually obtained by acquiring a right over the sign that constitutes the indication.
Geographical indications are typically used for agricultural products, foodstuffs, wine and spirit drinks, handicrafts, and industrial products.
The famous goods which carry this tag include Basmati rice, Darjeeling Tea, Chanderi Fabric, Mysore Silk, Kullu Shawl, Kangra Tea, Thanjavur Paintings, Allahabad Surkha, Farrukhabad Prints, Lucknow Zardozi and Kashmir Walnut Wood Carving.

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