Fundamental Rights- Right to Information

Fundamental Rights are not absolute rights, these are restricted rights. The purpose of Fundamental Right is to establish rule of law. On the other hand, if state is given absolute power over the individual, the result would tyranny or state terror. Therefore, there shall be a balance between individual liberty and social needs.

Right to Information

The Constitution of India guarantees the Right to Freedom of Speech and Expression under article 19(1) (a). This right is the fundamental right available to all the citizens. It says that every citizen shall have the right to express himself. In the case of Bennett Coleman v. UOI, AIR 1973, the Supreme Court held that the "Right to Know” also falls under the ambit of Right to Speech and Expression. This was the foundation of Right to Information in India post-independence.

The courts in India have stated time to time, that Right to know the information related to public authorities is a fundamental right. However, this right was never expressly mentioned in the COI. But in year 2005, government passed the Right to Information Act, 2005 which apparently mentioned the right to know of citizens.

History

Every building has a strong foundation, without the foundation no construction can be done. Same is the case with Right to Information in India. It has a very rich historical background which has proved to be the foundation of this legislation.

The very first incident in India, where right to information was mentioned, was in the year 1977. After the Indira Gandhi government imposed the emergency without stating the obvious reasons, the citizens were very unhappy with the government, the Janta party, led by Moraraji Desai promised the people that if they come to the power, they will establish an open government. They promised that the public would be allowed to access the information about the use of power by the government. However, the promise was never fulfilled in a complete sense.

After this event, there were a lot of cases such as- Prabhu Dutt v. UOI, AIR 1982. In this case Supreme Court held that the press is entitled to know news and information regarding the working of the government.

These events were followed by the creation of National Campaign for People’s Right to Information, which was founded with an objective to pass RTI as a law. Finally, the Freedom of Information Bill, 2000 was introduced in the parliament. But due to some drawbacks, this act could not fulfill its objectives.

Then in the year 2005, after a very long struggle, the Right to Information Act, 2005 was passed to provide the citizens the right to know.

Significance of RTI

The Right to Information holds a very decent significance in a democratic country like India. The major points are listed below:

• The most basic reason is that the fundamental rights are the basic structure of Indian Constitution. The rights listed under this part are a mandate that a state has to provide to all its citizens in any condition. One of these rights is the Right to Speech and Expression. This right includes the Right to Information too. Hence the people of India deserve the RTI Act. We deserve to know the information, because we are given the fundamental Right to Know.
• The RTI gives the citizens the opportunity to empower themselves. When the citizens are allowed to ask the government about its functioning and its administration, they feel themselves the part of the country too. It enhances people’s participation in the process of the democracy.
• The Right to Information promotes Transparency and Accountability in the minds of citizens. When the working of the government is done in open environment, it builds trust.
• The access to information is provided to every section of the society. All the weak sections also feel empowered by this right.
• The act has promoted a sense of honesty in the officials, because they know that their work can be audited at any time by the public. The attitude of public servants has changed after the formation of this act.

Challenges against RTI in India

Right to Information has a lot of challenges in its way, some of them are-

• The majority of Indian population is either uneducated or unaware, because of what these people are unable to exercise their rights. The right to information also hides somewhere behind this illiteracy and ignorance.
• There are a number of pending cases at both the state and the central level, so the information is sometimes not disseminated at the right time.
• Many reports show, that in the case of mismanagement the ratio of action taken is very less. Even after getting exposed, such departments are not given their due punishment.
• A lot of deaths have been reported of RTI activists, who were trying to expose some authorities.
• A major challenge is the misuse of RTI. Some people file the request of information under this act just to become famous or for some malicious reasons. Some people seek information to fulfil their personal interests also.
• There is some legislation like the "Official Secrets Act, 1923” which restrict the flow of information by the government.

Recent Developments

Recently the Right to Information (Amendment) Bill, 2019 was passed by the parliament. We can count it in development but this development is more negative than positive. The major backbone of the RTI Act, 2005 was the independency of Chief Information Commissioner and the State Information Commissioners from the government. The recent amendment changes this and states that the tenure of these officials would be determined by the central government. It encroaches upon the freedom of these officials from the legislature. The amendment bill also allows the government to fix the salary of these officials; they can decrease it from today also.

These developments will affect the Right to Information badly, as the Information Commissioners would be more inclined toward the government rather than the citizens.

Conclusion

Right to Information is the much-needed right in this country. If we look at the current scenario, we can easily say that the transparency of the RTI is being affected by legislative decisions. To solve all these issues, the public institutions need to be more open about the information. Their willingness will make it easy for the public to gather information. Apart from this, there are a lot of matters pending in the country. We need to compile the similar complaints together and then resolve them to save time and efforts both. The Right to Information needs to be managed with the Right to Privacy of the citizens, which is also a significant right in itself. And at the large, the public needs to be informed about their rights, and then only we can utilize this act as per its best capacity.

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By Federalismwe mean a structure of government where the functions, powers and authority are divided between two levels of government i.e. - Central government and State Government. These two levels are separate and independent of each other in terms of exercising their powers. This system is an antithesis of Unitary System, where the country is governed by a single level of government and this sole institution holds the supreme position in the state. Cooperative Federalism is a type of Federalism, which we’ll be discussing today.

Definition

Cooperative Federalism is the branch of Federalism which envisages that all the levels of governance, which are- central, state and local bodies, should cooperate with one another in order to achieve collective goals for the benefit of the society. All these bodies put their collaborative efforts towards a common goal and strive to achieve that for the growth of country. No level of government is supreme in this Federalism; all share their place at a horizontal line.

Examples

Examples of Cooperative Federalism might be given by following situation-

• "There is said to be Cooperative Federalism, when Central and State Governments have a healthy nexus between their functions. Neither the Central Government imposes some random provisions upon the States nor the States nor do Local Bodies work in a manner that is completely antithesis to the working of Central Government.”

• "If the Central Government wants that railway stations shall be well maintained in each state, it might provide a financial aid to those states for the completion of this task. This aid may be given for the purchase of some equipment or to hire labours and workers.”

How it Works in India?

Indian Constitution has been given the label of "Quasi-Federal” by Prof. K. C. Wheare. We can also call it a mixture of federal principles and unitary principles. However, there is no mention of word ‘Federalism’ in India Constitution anywhere; it is apparently seen in the functioning of governments in the country. Governance in India is done by following federal principles with a slight tilt toward unitary formulas. India has not adopted a full flesh version of Federalism; rather it has a stronger centre which is created by joining many states. Now, here is the important thing- some people see the stronger tendency of centre as opposite to Federalism, however this is something which is the steam of Federalism. A stronger centre is necessary to bound states in it and to promote a better functioning of the government. Following are some examples of Cooperative Federalism in India-

• Article 1 of COI- The very first article of the Constitution provides that "India shall be a Union of States”. This very provision provides for the integrity among the Union and the States, as one is inseparable to another. This was the first idea of cooperation among states and the centre.
• Seventh Schedule- The Seventh Schedule of the Constitution of India consists of three lists, namely- the Union list, the State list and the Concurrent list. These lists contain matters of national importance which have been divided between Central and State Government to legislate upon. This is an ideal example of coordination among the different levels of government in India.
• Inter State Council- Article 263 of the COI, provides for the establishment of an Inter-State Council by the President, if he believes that such council is necessary to discuss and investigate subjects which have a larger public interest. Also, this council is charged with the duty to make suggestions upon any matter for the better implementation or coordination of policies. This council promotes cooperation and coordination among states.
• Zonal Councils- Section 15 of the State Reorganization Act, 1956 provides for the constitution of zonal councils for all the five zones in India. These councils consist of representatives from every state, union territories and the union. These councils are charged with the function of being an advisory body in any matter in which some states or the union has a common interest. They stem cooperation among the states and the union.
• National Development Council- This council was developed as a functionary under the Planning Commission. This was set up as an agency to support the implementation of five years plan made by the Planning Commission. This council helped in promoting cooperativeness because it had the Prime Minister, Union Cabinet Ministers, Chief Ministers of all states and representatives of Union Territories as its members. However, it has been dissolved after the constitution of Niti Ayog in 2014.
• Niti Ayog- National Institute for Transformation India (NITI AYOG) has replaced the planning commission in 2014. This institution also has the representation of all states, which promotes cooperation.
• GST Council- The Constitution (One Hundred and First Amendment) Act, 2016 introduced the concept of GST & GST Council. This council shall be making recommendations to the Union and the States on the taxes and surcharges levied by the Union, the States or the Local Bodies. Its members represent all the levels of the government. Therefore, this council ideally promotes cooperation among the Centre, States and Local Bodies.
• Taxation Powers- Article 269A (1) of the COI provides that, the GST Council and not the Finance Commission has the powers to make recommendations about distribution of taxes in interstate trade. This provision is very important in respect of economic cooperation of states because states have a right to vote in the GST Council. Similarly, Article 270 provides that the tax collected by the Union under article 246A and under Inter-State Trade, shall be distributed among the states too.

Conclusion

It is true that in our country Constitution is supreme and its provisions are followed everywhere, but India has not been able to incorporate Cooperative Federalism in its complete sense. People of India have always advocated this concept but in practical life there are certain things that have proved to be a hindrance for the adoption of complete Federalism. Though states have been given due autonomy in their functions, their freedom is subject to superiority of Central Government. Hence, the upper hand of Central Government in every matter and incorporation of unitary features in our Constitution prove that we still have a long journey to accept this ideology.

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Religions in India - Hinduism

Introduction

Art and Culture plays a vital role for Exams like IAS, State PSC, SSC and other similar competitive exams.

India has been a land or spirituality, morality and faith. Many religions have thrived in India during same era. Even today people from different faiths and cults live together in India. Major religions in India are:

·Hinduism

·Islam

·Buddhism

·Jainism

Other religions in India are:

·Sikhism

·Christianity

·Zoroastrianism

·Judaism

·Vedic Literature

There are two categories:

·Shruti

·Samriti

Shruti: It means ‘heard’. It consists of revelation and unquestionable truth. The sacred text of Hinduism includes:

·Vedas

·Brahmas

·Aryankas

·Upnishads

Smiriti: It means ‘which is remembered’. It includes:

Vedanga, Shad Darsana, Puranas, Itihasa

Upveda, Tantras, Angamas, Upangas.

Older Vedas excluding Atharveda are called Trey i.e. Rigveda, Samaveda, Yajurveda.

Essential features of the Vedas are:

·Rigveda: it includes hymnsand Gayatri.

·Samaveda: it is rhythmic compilation of hymns.

·Yajurveda: it includes sacrificial and ritual prayers of yajnas.

The two primary versions of Yajurveda are Shukla (White) and Krishna (Black).

·Atharveda: it contains magic spells; early traditions of healing and magic.

It mentions of Dhanvantri , he is earliest medical person.

·Samhitas: it contains hymns.

·Brahmanas: it contains prose texts explaining hymns in Vedas, explanation and application of hymns.

·Aryankas: it was written in forests and it is the concluding part of Brahmanas.

It contains philosophy and mysticism i.e. moral science.

It also contains the details of Rishis who lived in jungles.

·Upanishads: it means ’sitting down near’. It is also called as ’Vedanta’.

It was compiled during the last phase of vedic period and was taught at end to the disciples.

‘Knowledge Awards Salvation’ was the main motto of Upanishads.

Muktika was the main (mukhya) of all the old Upanishads .

The 108 Upanishads are called Muktika.

The First and largest Upanishad is called Virhat Aryanka. It’s a discourse between Yajnavalyaka and Gargi on philosophical aspects of Dharma.

Aum is contained in Chandyuga Upnishad.

Katha Upnishad is a dialogue between Yama and Nachiketa (it contains questions about Atma and Parmatma).

Hinduism

Some features of Hinduism are:

·It is one of biggest religions in India.

·The word Hinduismcame from the word Hindu, which was used by western people to refer to people living across river Indus.

·In ancient India, Hinduism included various religious sacrifices and offerings and puja to please the Gods. As a result, Hinduism as a religion became very expensive and highly ritualistic.

·In medieval India, Hinduism went through Bhakti movement in North India where the Sanskrit texts were translated in vernacular languages by the saints and the message of Bhakti and God was delivered to the masses.

·In modern India, large scale change in the practices of Hinduism were brought. For example, derogatory practices like Sati, untouchability or child marriages were abolished. The Hinduism was influenced by the western ideas of equality, dignity and freedom of thought and expression.

·We learn about Hinduism through the Vedic literature.

Basic component of Hindu Philosophy

·Karma

·Dharma

·Soul

·Parmatma

Two streams of Hinduism

·Orthodox: it believed in Vedas and ultimate source of knowledge. Sanatan view

·Heterodox: it was more liberal, included lokayatta philosophy, Upnishads, Sankhya, Yoga and Adwait.

Vedic India Philosophy Schools

Some of the important Vedic Indian Philosophy Schools:

Shaddarshana: it has definite ideas and philosophies about true nature of soul and cosmic principle or Brahman i.e. ultimate reality.

Samkhya System: Kapila wrote Samkhya- Sutra.

It doesn’t recognize god.

Some of the features of Samkhya system are:

Prakriti(thought) and Purusha(consciousness)

Dukha, Karma, discipline and liberation through real knowledge.

Yoga: Patanjali wrote Yogasutra.

Yoga is considered as the union of two principal entities.

Some of the features of Yogasutra are:

To control mind, body senses, self-control (Yama), observation of rules (niyama), fixed postures (asana)

Breath control (pranayama), choosing object (pratyahara), fix mind (dharna), concentration (dhyana), mind and object dissolution of self (samadhi).

Nyaya: Guatama wrote Nyaya-Sutras.

It was a proponent of Logical thinking.

Vaisheshika: Kanada wrote Vaisheshika.

He gave the concept of smallest particle called Kana.

It contains realistic and objective philosophy of universe.

It talks about five basic atomic elements: Earth, water, air, fire and ether.

Purva Mimamsa: Jamini wrote it.

It contains the analysis of interpretation, application and use of text of Samhita and Brahmana portions of Veda.

According to it Vedas are eternal.

Uttar Mimamsa or Vedantic Philosophy: it implies philosophy of Upanishad.

It rejects the rituals and propounded philosophy of atma-parmatma.

It was written by Bhadrayana but popularised by Adi Shankaracharya who also wrote commentaries on Upanishads, Brahmasutra and Bhagvad Gita.

Charvaka School: It was founded by Brihaspati.

It deals with materialistic philosophy.

Also called Lokayata philosophy i.e. philosophy of the masses.

It didn’t believe in the Vedas.

The whole universe is made of four elements therefore, leaves no trace after death. There is no world and death is the end and the ultimate pleasure.

Due to its rejection of the Hinduism, it is called Nastik School.

It doesn’t recognize ether, God, soul and heaven as it cannot be perceived.

Other traditions popular during the Ancient and the Medieval Period is:

Ajiwika

It was popular during the same time as Buddhism and till 14^th century.

It was founded by Gosala Maskariputra.

It believes in Niyati (destiny) i.e. everything which happens is pre-determined. It did not believe in Karma.

Asoka built Lomus Caves in Barbara Hill near Bodh Gaya for them.

Need of Reforms in Hinduism

There were many problems within Hinduism that led to Bhakti movement and Brahmo movement. Some of the problems within Hinduism were:

·Domination of the Brahamans who themselves led a degenerated and corrupt moral life.

·Rigid caste system was prevalent.

·Irrelevant rituals and religious practices that were out of reach for common man.

·Various social dogmas like sati system and child marriages.

·These loopholes in Hinduism gave rise to other religions and also paved way for Bhakti movement.

The Brahmo Movement

·Raja Ram Mohan Roy started questioning the issues and dogmas in Hinduism.

·He started Brahmo Samaj in 1828.

·He rejected iconography i.e. use of idols for worship.

·He abolished Sati pratha.

·After his death, Devendranath Tagore took over the mission.

·Another member, Keshabchandra Sen advocated against child marriage, polygamy and caste system.

Ramakrishna Mission

·It was established in 1897.

·It advocated supreme devotion to god.

·Its philosophy included: Spread the Vedantic spirituality, strive for harmonious existence of all world religions and to consider the service to mankind as a service to god.

·Swami Vivekananda was a major follower.

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