NATIONAL POLICY ON HIV/AIDS AND THE WORLD OF WORK
National Policy on HIV/AIDS and the world of Work
Ministry of Labour and Employment
Government of India
NATIONAL POLICY ON HIV/AIDS AND THE WORLD OF WORK
Contents
1. INTRODUCTION
1.1
Background
1.2
Situation in India
1.3
HIV/AIDS in the World of Work
1.4
Focus Area within the National AIDS Control Programme
1.5
Foundations of the Policy
2. RATIONALE
3. POLICY FRAMEWORK
3.1
Facts about HIV/AIDS
3.2
Aim
3.3
Scope
3.4
Guiding Principles
3.5
Key Strategies
3.6
Specific Provisions
3.6.1
Ministers/Departments and their Key Institutions
3.6.2
Employers’ Organizations/Business Chambers/Industrial Associations
3.6.3
Enterprises
3.6.4
Workers Organizations/Trade Unions
3.6.5
Civil Society Organizations/NGOs
3.6.6
Workers in the informal/unorganized sector
4. IMPLEMENTATION AND MONITORING
4.1
At the national and state levels
4.2
At the workplace
1.
ANNEXURES
I Indian Employers’ Statement of Commitment on HIV/AIDS
II Join Statement of Commitment on HIV/AIDS of the Central Trade Unions in India
III A Checklist and format for planning and implementing a workplace policy on HIV/AIDS
IV Terms and Meanings
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NATIONAL POLICY ON HIV/AIDS AND THE WORLD OF WORK
ABBERVIATIONS
AIDS Acquired Immune Deficiency Syndrome
ART Anti Retroviral Therapy
CSOs Civil Society Organizations
CSR Corporate Social Responsibility
GOI Government of India
ICTC Integrated Counseling and Testing Centres
IEC HIV Information, Education and Communication
HIV Human Immunodeficiency Virus
ILO International Labour Organization
MOL&E Ministry of Labour and Employment
NACO National AIDS Control Organization
NACP III National AIDS Control Programme Phase III
NGOs Non Governmental Organizations
OHS Occupational Health Services
PPP Public Private Partnership
PLHIV People Living with HIV/AIDS
SACS State AIDS Control Societies
STIs Sexually Transmitted infections
UNAIDS Joint United Nations Programme on AIDS 3
NATIONAL POLICY ON HIV/AIDS AND THE WORLD OF WORK
1. INTRODUCTION
1.1 Background
The HIV/AIDS epidemic constitutes one of the most formidable challenges to development and social progress. The epidemic exacerbates poverty and inequality, and increases the burden on the most vulnerable people in society i.e. the elderly, the women, children and the poor.
Counties and organizations that do not respond in time have to bear huge costs on public and private sector enterprises through declining productivity, loss of skilled and experienced labour and increased expenditures on employee treatment and associated costs as the demand for public Services increases. National economies, as seen in the severely affected regions like the sub-Saharan Africa, have experienced the impact on virtually every sector.
1.2
Situation in India
According to NACO an estimated 2.31 million people in India were living with HIV/AIDS in the year 2007(88.7% adults in 15-49 years, 7.5% aged 50 and above and 3.5% children below 15 years.) The prevalence rate of HIV/AIDS in the country is 0.34%. Women account for 39% of HIV burden in the country. 8 states have HIV prevalence greater than the national average. India has been successful in containing the overall prevalence of the epidemic. However, there is no room for complacency as the epidemic spreads form high risk groups to general populations, from men to women and form urban to rural areas.
1.3
HIV/AIDS in the world of work
HIV/AIDS is a major threat to the world of work. It has shown maximum impact on the most productive segment of the labour force. In countries with high HIV prevalence rates, it has cut the supply of labour and slashed income of workers, adversely affected enterprise performance and national economies.
HIV/AIDS affects fundamental rights at work, particularly with respect to discrimination and stigmatization of workers and people living with and affected by HIV/AIDS. Sigma and discrimination at the workplace gets reflected in the form of loss of employment and liveli hood opportunities in addition to ostracism and seclusion faced by workers either due to known or presumed HIV status.
The threat of HIV to the Indian working population is evident from the fact that nearly 90% of the reported HIV infections are form the most productive age group of 15-49 years.
4
NATIONAL POLICY ON HIV/AIDS AND THE WORLD OF WORK
India has a working population of over 400 million, 93% of whom are in the informal economy. The informal/unorganized sector labour is hard to reach and is characterized by low literacy, negligible social protection benefits, difficult working conditions, poor health seeking 5orporat and limited access to health care services.
A large number of people migrate, both internally as well as overseas in search of better employment/ livelihood opportunities. Though not all migrant workers are at equal risk, the process of migration enhances vulnerability to infections such as HIV, particularly to those who are single, stay away from families for long durations, and work under difficult conditions.
1.4
Focus Area within the National AIDS Control Programme
Expanding HIV/AIDS policy and programmes in the world of work is a key component under the mainstreaming strategy in the National AIDS Control Programme phase-III (2007-12). The National AIDS Control Organization, realizing the need for focused efforts to mainstream HIV/AIDS in a sustained manner has established a dedicated mainstreaming cell which would be responsible for initiating and facilitating mainstreaming efforts with government, civil society organizations and businesses/Industries.
It was observed that a national policy guideline on HIV/AIDS interventions in the world of work would be of immense value. The Ministry of Labour and Employment and the National AIDS Control Organizations, under the Ministry of Health and Family Welfare, have jointly developed this policy document. These guidelines have come out of consultation with the employers and workers organizations, people living with HIV/AIDS, the International Labour Organization(ILO) and UNIAIDS.
1.5
Foundations of the proposed national policy
The policy is based on, and builds upon, the following:
a)
The broad framework and ideology of the HIV/AIDS Policy of the Government of India. The national policy stresses that the organized and unorganized sector of industry needs to be mobilized for taking care of the health of the productive sections of their workforce.
b)
The ILO Code of Practice on HIV/AIDS and the World of work that has been endorsed by the National AIDS Control Organization, MOL&E, employers’ and workers’ organizations in India
c)
The Indian Employers’ Statement of Commitment on HIV/AIDS (Annexure-1) signed by seven national level employers’ organizations.
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NATIONAL POLICY ON HIV/AIDS AND THE WORLD OF WORK
d)
The Joint Statement of commitment of HIV/AIDS of the Central Trade Unions in India (Annexure II), signed by five central trade unions.
2. RATIONALE
I.
The National Council on AIDS, Chaired by the Prime Minister of India, accords top priority to protection of workforce with regard to HIV/AIDS
II.
The workplace, where a large number of people come together, is an ideal structure and setting to facilitate access to prevention, treatment, care and support for people living with and affected by HIV/AIDS and to help mitigate the impact of the virus.
III.
Stigma and discrimination associated with HIV/AIDS is a key challenge in the fight against HIV/AIDS.
IV.
Government of India has ratified the ILO Convention No. 111 on Discrimination (Employment and Occupation). Therefore, a policy statement creating a framework for non-discrimination with workers on the basis of their real or perceived HIV status is essential. It is also necessary because in India a legislative framework on HIV/AIDS has not yet developed though the process has been initiated. However, there have been a number of landmark court judgments on HIV/AIDS related discrimination in employment that provide relevant background for this policy statement.
V.
Prevention efforts through the workplace are a globally recognized cost effective strategy.
VI.
Although efforts are being made, policy measures for unorganized sector workers are yet to be developed to provide guidelines for non-discrimination and social protection, including HIV in health insurance.
VII.
Many employers in the public and private sectors have not taken up “work place interventions” due to low risk perception and lack of understanding. Partnership between State AIDS Control Societies (SACS), spearheading HIV/AIDS response at the state levels with trade unions, employers’ organizations (whether publicly or privately owned) have been limited.
VIII.
India’s growth will generate about 14 million jobs year in the next 10-12 years, Most entrants will be young people and uncontrolled spread of HIV and its impact among them will affect economic
6
NATIONAL POLICY ON HIV/AIDS AND THE WORLD OF WORK
growth. Workplace Policy will ensure that they are provided appropriate services and information for prevention.
A National policy on HIV/AIDS and the World of Work is there fore, essential to provide guidelines to all the key actors and suggest mechanism for effective collaboration and implementation to protect the Indian working population from HIV infection and mitigate its social and economic impact.
3. POLICY FRAMEWORK
3.1 The policy framework is based on following facts about HIV/AIDS:-
1) The known routes of transmission of the Human immuno-deficiency Virus (HIV) are through:.
•
Unprotected sexual contact with an infected person;
•
Transfusion of infected blood of blood products;
•
Sharing of infected needles/syringes; and
•
Form infected mother-to-child during pregnancy, childbirth or breast feeding
2) There is no scientific or epidemiological evidence to suggest that HIV can be transmitted through ordinary workplace contact (talking to or touching the person, using the same office equipment, tools, utensils or bathroom as a person infected with HIV). In special situations where there may be the potential risk of exposure, for example healthcare workers who may be exposed to blood or blood products, there are specific and appropriate infection-control procedures known as Universal Precautions that ought to be followed. Transmission is therefore not likely in the regular workplace setting.
3) People with HIV may remain healthy and fit to work for several years despite their infection.
4) With the availability of Anti Retroviral Treatment, the life of people living with HIV can be prolonged substantially and they can lead a normal productive life.
3.2
Aim
This policy, based on principles of human rights, aims to guide the national response to HIV/AIDS in reducing and managing the impact of the epidemic in the world of work. Specifically the policy aims to:-
i. Prevent transmission of HIV infection amongst workers and their families; 7
NATIONAL POLICY ON HIV/AIDS AND THE WORLD OF WORK
ii. Protect rights of those who are infected and provide access to available care, Support and treatment.
iii. Protect workers from stigma and discrimination related to HIV/AIDS by assuring them equity and dignity at the workplace;
iv. Ensure safe migration and mobility with access to information services on HIV/AIDS
3.3
Scope
This policy applies to all employers and workers (Including applicants for work) in the public and private sectors, all workplaces and contracts of employment, and all aspects of work- formal and informal and the self- employed worker including the spouse and children or other dependant family members of a worker.
The employers’ and workers’ organizations, government ministries/ departments at the national and state levels, public/ private sector companies, multi-national companies operating in India, and other social partners are advised to use this policy framework in formulating and implementing the workplace policy in their individual workplaces.
3.4
Guiding Principles
The policy adopts the key principles of the ILO code of Practice on HIV/AIDS and the World of Work that is in line with the Government of India’s National HIV/AIDS policy. The ten principles are:
I HIV/AIDS, a workplace issue
HIV/AIDS is a workplace issue because it affects workers and enterprises, increases labour costs and reduces productivity. The workplace can play a vital role in limiting the spread and effects of the epidemic.
II Non-discrimination
There should be no discrimination or stigmatization of workers on the basis of real or perceived HIV status. Discrimination and stigmatization of people living with HIV/AIDS inhibits efforts aimed at promoting HIV/AIDS prevention.
.
III Gender equality
Women are more likely to become infected and adversely affected by the HIV/AIDS epidemic than men due to biological, socio- cultural and economic reasons. Equal gender relations and the 8
NATIONAL POLICY ON HIV/AIDS AND THE WORLD OF WORK
empowerment of women are vital to successfully preventing the spread of HIV infection and enabling women to cope with HIV/AIDS.
IV Healthy work environment
The work environment should be healthy and safe, and adapted to the physical and mental state of health and capability of workers.
V Social dialogue
A successful development and implementation of HIV/AIDS policy and programme requires full cooperation and trust between employers, workers and governments.
VI No Screening for purpose of Employment
HIV/AIDS screening should not be required of job applicants or persons in employment or for purposes of exclusion from employment or worker benefits. In order to assess the impact of HIV, employers may wish to do anonymous, unlinked HIV prevalence studies in their workplace. These studies may occur provided it is undertaken in accordance with the ethical principles of scientific research, professional ethics and the protection of individual and confidentiality. Where such research is done, workers should be consulted and informed that it is occurring. Testing will not be considered anonymous if there is a reasonable possibility that a person’s HIV status can be deduced form the result.
VII Confidentiality
There is no justification for asking job applicants or workers to disclose HIV-related personal information. Nor should co-workers be obliged to reveal personal information about fellow workers.
Personal data covered by medical confidentiality should be stored only by personnel bound by rules on medical secrecy and should be maintained apart form all other personal data.
In case of medical examination, the employer should be informed only of the conclusion relevant to the particular employment decision. The conclusions should contain no information of a medical nature. They might as appropriate, indicate fitness for the proposed assignment or specify the kinds of jobs and the conditions of work which are medically contra-indicated, either temporarily or permanently
9
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VIII Continuation of Employment relationship
HIV infection is not a cause for termination of employment. Persons with HIV-related illnesses should be able to work for as long as medically fit in appropriate conditions.
IX Prevention
HIV infection is preventable. The social partners are in a unique position to promote prevention efforts through information and education, and support changes in attitudes and behaviour.
X Care and Support
Solidarity, care and support should guide the response to HIV/AIDS at the workplace. Care and support includes the provision of voluntary testing and counselling, workplace accommodation, employee and family assistance programmes, and access to benefits form health insurance and occupational schemes.
All employees are entitled to affordable health services including access to counseling and testing, ART and treatment for STI and opportunistic infections and to benefits from statutory and occupational schemes. The availability of treatment encourages confidential voluntary HIV testing, making it easier to provide care and support and encourages prevention.
3.5
Key Strategies
a)
Prevention of HIV transmission
b)
Provide education and training at all levels in workplaces, set up interventions for behaviour change through peer educators, integrate HIV in the existing/ to be initiated programmes at workplaces like the training of the Human Resource Department, Welfare and OHS programmes, Corporate Social Responsibility initiatives etc;
c)
Set up interventions for unorganized/informal sector workers and migrant workers, based on vulnerability studies and risk assessment
d)
Enhance access to condoms, treatment of STIs, universal precaution and Post Exposure Prophylaxis (PEP).
e)
Widen scope of social security coverage to include HIV in employee and family assistance programmes, health insurance etc.
f)
Undertake vulnerable studies/epidemiological surveillance at the workplace to gather data/ information for taking informed policy and programmatic decisions
10
NATIONAL POLICY ON HIV/AIDS AND THE WORLD OF WORK
3.5.1 Creating and ensuring an enabling environment to discourage stigma and discrimination towards people infected and affected by HIV/AIDS through following:-
i) Develop and implement non-discriminatory workplace policies;
ii) Integrate HIV/AIDS services in other health related services;
iii) Adapt flexibility and reasonable accommodation (make adjustments in assigned work, as practically possible) for PLHIV;
iv) Involve PLHIV in planning and implementation; and
v) Ensure continued employment and benefits to PLHIV.
3.5.2
Provision of counseling facilities and care and support services
A)
Provide counselling to infected workers/families/co-workers, either at workplaces or by setting up partnerships with other government/civil society services.
B)
Ensure provision of ART treatment services and establish adequate referrals and/or linkages.
3.5.3
Strengthening Public-Private Partnerships in HIV/AIDS Prevention and care
3.5.4
Strengthening partnership of private sector with the SACS/ILO/other expert agencies to offer technical assistance for setting up workplace policy and programmes;
1)
Expand coverage of Corporate Social Responsibility efforts to include HIV/AIDS;
2)
Set up integrated counselling and testing facilities/ART centres for workers and nearby communities;
3)
Develop insurance policies/products that are inclusive of PLHIV;
4)
Develop partnership with pharmaceutical companies to offer ART at affordable costs; and
5)
Mobilize resources from the private sector to complement the National AIDS control Programme.
3.6
Specific Provisions
HIV/AIDS policy and programmes should be established in all constituents- Ministries and their key institutions, employers’ and workers’ organisations, public and private sector enterprises/multi-national companies and civil society organisations, based on the principles and implementation guidelines. However, specific provisions in these constituents allow broadening of the opportunity to address the HIV vulnerability and its impact within its own context.
11
NATIONAL POLICY ON HIV/AIDS AND THE WORLD OF WORK
3.6.1 Ministers Departments and their key institutions
1) Each ministry/government institution is encouraged to develop its workplace policy based on the framework of this national policy. For this Ministries should nominate a focal person and set up an internal committee on HIV/AIDS, seeking appropriate partnerships for technical support to develop their policy and programmes for covering their workers/families.
2) Ministries are advised to issue guidelines to the public and private sector undertakings under their administrative control to develop their workplace policy and response based on this policy.
3) Ministries/ institutions should allocate budgetary and personnel resources to implement the HIV/AIDS programmes.
4) Ministries should review and monitor progress in implementation of workplace policy and programme through internal committees and by mainstreaming HIV into departmental meeting agendas.
5) The Central Ministries should share this policy framework with their state counterpart departments, encouraging them to respond to develop their own workplace policy and programmes on HIV/AIDS in collaboration with the established State AIDS Control Societies.
6) The Ministry of Overseas Indian Affairs(MOIA), in addition, should integrate HIV/AIDS education and training in pre-departure training courses for outgoing migrant workers form India, and include HIV in the bilateral agreements with receiving countries to create an enabling environment for migrants and protection of their rights in the host countries.
3.6.2 Employers’ organizations/ Business Chambers/ Industrial Associations
A. The Indian Employers’ Statement of Commitment on HIV/AIDS, signed by the leading national level employers’ organizations in India, demonstrates their commitment to forge partnerships and renew commitment in the fight against HIV/AIDS (Annexure I). All Industry associations are encouraged to implement this statement, which mentions several steps that can be taken by these organizations.
B. Employers’ organizations/Chambers/industry associations should undertake advocacy efforts to mobilize their member companies to set in place workplace policies and programmes 12
NATIONAL POLICY ON HIV/AIDS AND THE WORLD OF WORK
C. Employers organizations/Chambers, both at the national and state levels, should partner with NACO/SACS for enhancing coverage of workplace policy and programmes and setting in place public private partnerships for HIV prevention and care.
D. Employers’ organizations/ Chambers should strengthen their capacity, in partnership with NACO/ SACS and relevant agencies, to be able to offer technical assistance to their members for starting HIV/AIDS workplace programmes.
3.6.3 Enterprises
All enterprises, in public/private ant forma/informal sectors, are encouraged to establish workplace policy and programmes at their workplaces based on the principles of this policy. They should do the following:-
a)
Nominate a senior employee as the HIV/AIDS Nodal Person;
b) Set up an internal committee on HIV/AIDS, drawing officers form different departments, to develop the company policy and programme.
c)
Set up Workplace interventions covering their regular as well as contractual workers, and their families.
d)
Facilities access to voluntary counseling and testing for HIV, either directly, if they have a medical set up or by setting up referral linkages with ICTCs set up by the SACs.
e)
Strengthen capacity of their health personnel/ department, and engage them in providing treatment of opportunistic infections, STI and ART. Enterprises can step up ICTCs and ART centers and open it to communities around their plants/units to enhance access to services. If the enterprise does not have its own medical/health department, they should set up referral linkages with nearby government/NGO/Private facilities for these health services.
f)
Include treatment for HIV/AIDS related illness in their employee medical/welfare package. For their contractual employees, who are not covered in their employees benefit package, enterprises are encouraged to set up referral linkages with the government ART centres.
g)
Support HIV interventions amongst their supply chains and communities around their plants/units under their CSR initiatives.
h)
Allocate funds for the programme and seek technical partnership with expert agencies. 13
NATIONAL POLICY ON HIV/AIDS AND THE WORLD OF WORK
Further
1. HIV/AIDS need not be a stand alone programme, It is cost effective and sustainable when integrated in the existing/to be initiated welfare/CSR/HR/OHS initiatives of the company.
2. Workplace programme can be initiated with a small funding, which can easily be provided by the enterprises. However, enterprises will need technical support for development of policy, work plans/systems for monitoring and evaluation, training of their employees as peer educators, communication materials etc. for which they should seek technical support from NACO/SACS, ILO, UNAIDS, business chambers/associations, NGOs and PLHIV network etc.
3. Enterprises can significantly contribute in enhancing the coverage of HIV prevention and care programmes by establishing partnership with NACO/SACS and other agencies under Public Private Partnership, which is a key component of the national programme.
4. The enterprises should support PLHIV to develop their livelihood and/or employment skills.
5. People living with HIV are excluded form the various insurance schemes proposed by both public and private companies. All policies being offered to the disadvantaged groups of he population under the social obligations issued by the Insurance Regulatory and Development Authority(IRDA) continued to exclude quite specifically all cases related to AIDS. Moreover, while the low-income organized sector workers do benefit from a comprehensive health the protection system under the Employee’s Social Insurance Scheme(ESIS), most of informal economy workers do not.
Given this situation, insurance companies are encouraged to develop and offer all-inclusive heath insurance policies/ products to cover people living with HIV.
6. Enterprises that engage workers who come in regular contact with human blood and body fluids at the workplace must be trained in Universal Precautions. Hospital staff, in both public and private sector should have access to the Post Prophylaxis Treatment.
3.6.4 Workers’ Organizations/trade unions
1) As representatives of workers, trade unions are in a special position of trust and leadership and should take the lead in protecting workers form HIV/AIDS and reducing stigma and discrimination. The Joint Statement of Commitment of HIV/AIDS of the Central Trade Unions of 14
NATIONAL POLICY ON HIV/AIDS AND THE WORLD OF WORK
India is a reflection of the trade unions commitment to join the fight against HIV/AIDS (Annexure II). All unions are encouraged to implement this statement, which mentions several steps than can be taken by the trade unions.
2) Trade unions are the key actors and advocates at workplaces and should play a crucial role to:
a)
Promote and protect the rights and dignity of workers,
b)
Ensure safe and healthy working conditions,
c)
Combat Stigma and discrimination.
d)
Promote access to fair income,
e)
Provide social protection,
f)
Participate in social dialogue on national issues that affect employment and human resources, and
g)
Collaborate with Government and enterprises for workplace interventions
3.6.5
Civil Society Organizations/NGOs
I.
Civil society organizations are encouraged to develop their own workplace policy to cover their staff, based on the principle of this policy.
II.
Civil society organizations are encouraged to develop their capacity to offer technical assistance to enterprises/chambers/unions/ministries for setting up workplace policy and programmes.
III.
Civil society organizations are encouraged to undertake interventions targeting workers in the informal/ unorganized sector and Small and Medium Enterprises through appropriate partnerships.
IV.
Civil society Organizations are encouraged to mainstream HIV in their existing development programmes, particularly those implemented amongst vulnerable groups such a women, youth, indigenous communities, in the context of natural disasters, conflict situations and informal sector workplaces like construction, agriculture etc. This would help in minimizing vulnerabilities of these groups and the negative consequences of HIV.
V.
Civil society organizations are encouraged to work on economic empowerment of PLHIV and their families. They can include PLHIV in their programmes like skill development/livelihood and other social security schemes. This would go a long way in improving quality of life for PLHIV/families, reduce stigma and discrimination and prevent HIV/AIDS affected persons and families from falling into poverty.
15
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.
3.6.6
Workers in the informal/unorganized sector
As 93% of Indian working population is in the informal economy, a multi- pronged strategy will be adopted in the national programme to strengthen the policy and programmatic interventions,
1) Inclusion of HIV/AIDS in labour legislations like the informal sector bill, social security schemes like ESIC/ labour welfare funds/schemes of the Central as well as state labour departments.
2) Enhancing coverage of mobile and migrant workers is a key strategy in the national programmes, which will be implemented with engagement of private sector and trade unions.
3) Mainstreaming HIV/AIDS in the existing programmes of different ministries is another way to expand the coverage of workers in the informal economy. For example, the Central Board for Workers Education, an institution of the MOL&E, is reaching out to nearly 300,000 workers every year, about 70% of whom are in the informal economy. The reach can be phenomenal when HIV/AIDS is integrated in the programmes/schemes of the ministries, and civil society organizations associated with them like Agriculture (Including cooperatives), rural and urban development, tourism, Panchayati Raj, Women and Child. etc
4) SACS are encouraged to partner with local industrial associations and NGOs to develop programmes for workers engaged in small and micro enterprises.
5) Corporate sector is encouraged to expand their workplace programmes to their contractual workers, vendors/supply chains as part of their CSR initiatives.
6) SACS are encouraged to partner with local sectoral trade unions, like plantations, mines, agriculture, construction, taxi/auto drivers etc and other organization connected with these sectors to develop interventions to cover workers in the informal economy.
4. IMPLEMENTATION AND MONITORING
4.1 At the national and state levels
a) National AIDS Control Organisation proposes to form a Steering Committee on HIV/AIDS and the World of Work Comprising of employers and workers’ organizations, development agencies, NACO, 16
NATIONAL POLICY ON HIV/AIDS AND THE WORLD OF WORK
MOL&E and PLHIV to oversee/facilitate implementation of broad policy guidelines and take strategic decisions related to HIV/AIDS programmes in the world of work in India. Members of Parliaments Forum on HIV/AIDS (PFA) and representatives of international organizations dealing with labour and HIV/AIDS shall be associated with the committee.
b) MOL&E and NACO will also take up issues necessary for action at the level of National Council on AIDS, chaired by the Prime Minister.
c) State Council on AIDS are proposed to be set up at the state levels by SACS under the NACP-III. They will have adequate representation of the state labour departments, employers and workers organizations, Members of Legislators Forum on HIV/AIDS(LFA) and will plan review implementation of the policy at the state levels.
d) MOLE and NACO as part of their steering role will also facilitate implementation of regular surveys and risks assessments, especially in labour intensive areas to map the vulnerable populations, migrants, working conditions and other related issues. These studies undertaken on a regular basis will facilitate identification of gaps in the policy and implementation, inform appropriate changes in the policy, facilitate identification of work areas requiring focus form the MOLE and NACO and also facilitate the monitoring of implementation of the policy guidelines and impact on the HIV vulnerabilities of the workforce.
4.2
At the workplace
I Every workplace – organization, institution, businesses, company etc. should establish an HIV/AIDS Committee to coordinate and implement the HIV/AIDS workplace policy and programme. For multinational companies, an HIV/AIDS Committee at corporate level should be responsible in collaboration with a small team at each plant/location. Alternatively, a team with representation form concerned departments and led by a senior executive should be formed to perform this function.
II. The scope and content of the policy and programme will depend on the organization’s/company’s size, needs and resources.
III. A checklist for planning and implementing a workplace policy on HIV/AIDS is given at Annexure III.
IV. Periodic reviewing and monitoring of the policy will allow the organization of the company to keep up with and adjust to a constantly changing internal and external situation.
17
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V. Regular review of the workplace programme will ensure that it is managed efficiently, producing the expected results and meeting the needs of the employees.
4.3 Budgetary and Financial Provisions
All the stakeholders viz. Central/State Governments Ministries/Departments, employers/workers organizations, public and private sector enterprises, key national organizations and civil societies etc. who are responsible for implementing the workplace policy on HIV/AIDS shall make suitable allocation in their budgets to ensure regular flow of finances for the various HIV prevention, care and support programmes to be undertaken by them.
Referral Web Links
Ministry of Labour and Employment: http://labour.nic.in
National AIDS Control Organisation: www.nacoonline.org
International Labour Organisation: www.ilo.org/aids www.ilo.org/hivaidsindia
Joint United National Programme on HIV/AIDS www.unaids.org
Parliamentarians Forum on HIV/AIDS(PFA) www.pfaindia.in
18
NATIONAL POLICY ON HIV/AIDS AND THE WORLD OF WORK Annexure-I
INDIAN EMPOLYERS STATEMENTS OF COMMITMENTON HIV/ADIS
We, the employers 19orporate19d19s of India, recognize that:
1. HIV/AIDS has emerged as a major threat to the world of work. More than 90 percent HIV infections in India have been reported form the most productive age group of 15-49 years.
2. HIV/AIDS can adversely affect employees and pose a serious threat to enterprise performance due to increased absenteeism, disruption of operations and increased expenditure due to employee treatment, replacement and associated costs.
3. Development of workplace policy and programmes dealing with HIV/AIDS is an ongoing human resource strategy that protects not only the business interests, but also fulfils better management practices, affecting the overall performance of a company in the long term.
4. Businesses are key institutions in contributing to the development of the national social fabric. Businesses cannot separate their own interest from those of the societies in which they function. Businesses are directly exposed to societal dynamics and need to contribute in addressing the need of people who are directly or indirectly affected by HIV/AIDS
5. There is a need for an urgent proactive response from business and enterprises against HIV/AIDS in India in which business leadership can play a key role.
Therefore, we commit to provide leadership and practical means as far as possible to address this issue and collectively advocate for greater response to HIV/AIDS form the world of work in partnership with the Indian government at Central and State level, trade unions, ILO, UNAIDS, key national and international agencies and other relevant stakeholders, including informal economy actors.
We endorse the guidelines provided by the ILO Code of Practice on HIV/AIDS and the world of work, and encourage our member companies to effectively use these guidelines in developing policy and programmes on HIV/AIDS at their workplaces.
We are pledge to undertake sincere efforts to develop our response following the key principles of the ILO code of Practice, which are: 19
NATIONAL POLICY ON HIV/AIDS AND THE WORLD OF WORK
•
Recognition of HIV/AIDS as a workplace issue
HIV/AIDS is a workplace issue, not only because it affects the workforce, but also because the workplace can play a vital role in limiting the spread and effects of the epidemic.
•
Non-discrimination
There should be no discrimination or stigmatization of employees- on the basis of real of perceived HIV status.
•
Gender equality
More equal gender relations and the empowerment of women are vital to successfully preventing the spread of HIV infection and enabling women to cope with HIV/AIDS.
•
Healthy work environment
The work environment should be healthy and safe, and adapted to the state of health and capabilities of employees.
•
Social dialogue
A successful HIV/AIDS policy and programme requires cooperation and trust between employers, employees, and governments.
•
Screening for purposes of employment
HIV/AIDS screening should not be required of job applicants or persons in employments and testing for HIV should not be carried out at the workplace except as specified in the ILO code.
•
Confidentiality
Access to personal data relating to a worker’s HIV status should be bound by the rules of confidentiality consistent with existing ILO Code of Practice
•
Continuing the employment relationship
HIV infection is not a cause for termination of employment. Persons with HIV-related illnesses should be able to work for as long as medically fit in appropriate conditions.
•
Prevention
The social partners are in a unique position to promote prevention efforts through information and education, and support changes in attitudes and 20orporat.
•
Care and support
Solidarity, care and support should guide the response to AIDS at the workplace. All employees are entitled to affordable health services and to benefits from statutory and occupational schemes.
20
NATIONAL POLICY ON HIV/AIDS AND THE WORLD OF WORK
On our part, we commit ourselves to the following:
i. We shall network as far as possible with Indian Business Trust for HIV/AIDS, NACO State AIDS Control Societies, Trade Unions, ILO, UNAIDS, WHO, Non Governmental Organizations, Civil Society Organizations, other Indian apex/state bodies of trade and industry associations, networks of People Living with HIV/AIDS and other relevant partners to 21orporat special advocacy sessions for our member companies.
ii. In the best possible way, we shall facilitate provision of technical support for our members from relevant agencies should they wish to integrate HIV/AIDS in their welfare and/or Corporate Social Responsibility initiatives.
iii. We shall disseminate best practices on HIV/AIDS workplace programmes in collaboration with the ILO, UNAIDS, WHO, NACO, the International Organization of Employers (IOE), Indian Business Trust for HIV/AIDS, and the Global Business Coalition on AIDS.
iv. We will support setting up of an annual award to recognize the enterprises that provide exemplary leadership and implement result oriented HIV/AIDS programmes. We shall seek partnership with technical agencies to develop a sound criterion for such an award, which will form the basis for selection of enterprises for the award.
v. We shall participate in key national/state level committees on HIV/AIDS in India and at international level to present our views and generate support for expanding the workplace interventions in India.
vi. We shall undertake collaborative efforts in preparing and submitting comprehensive workplace initiatives to national and international funding agencies, including the Global Fund on HIV/AIDS, Tuberculosis and Malaria. We will seek technical help form ILO, UNAIDS, NACO and other relevant agencies in this regard.
vii. We shall pledge to undertake a regular advocacy effort with our member companies, Wherever possible, HIV/AIDS will be included in the agenda of our meetings.
viii. We shall create an internal focal point in our organizations for HIV/AIDS and develop a mechanism to plan and review our yearly activities on HIV/AIDS as best as possible.
Signed by
Mr, O.P. Lohia
President
_____________________All India Organisation of Employers (AIOE)
21
NATIONAL POLICY ON HIV/AIDS AND THE WORLD OF WORK
Mr. M.K. Sanghi
President
The Associate Chambers of Commerce and
_______________________________Industry of India (ASSOCHAM)
Mr. N. Srinivasan
Director General
__________________________Confederation of Indian Industry (CII)
Mr. R.K. Somany
President
__________________________Employers’ Federation of India (EFI)
Mr. Onkar S. Kanwar
President
Federation of Indian Chambers of
_______________________________ Commerce & Industry (FICCI)
.
Mr. Balwant Rai Gupta
National President
_________________________________ Laghu Udyog Bharati (LUB)
Mr. S. Behuria
Chairman
______________Standing Conference of Public Enterprises (SCOPE)
22
NATIONAL POLICY ON HIV/AIDS AND THE WORLD OF WORK
Annexure-I
JOINT STATEMENT OF COMMITMENT OF HIV/AIDS OF THE
CRNTRAL TRADE UNIONS IN INDIA
The Central Trade Unions in India recognize that HIV/AIDS has become a serious threat to the world of work as it affects the most productive segment of the labour force. Nearly 90% of the reported HIV infections in India are form the 15-49 years of age group. This is the age group, to which most workers belong, in both the formal and informal economy.
In addition, HIV/AIDS affects fundamental rights at work, particularly with respect to discrimination and stigmatization of people living with and affected by HIV/AIDS Instances of discrimination have been reported from the workplaces in India. There are instance of individuals living with HIV having been denied employment opportunities or losing jobs or employment benefits due to their HIV status. Discrimination by co-workers has also been reported.
Therefore, the representatives of the central trade unions lend voice to the issue of HIV/AIDS through this statement of Commitment and urge all the affiliates and member comrades to give the issue priority and act upon its prevention, and care of the infected and affected.
We endorse the guidelines provided by the ILO Code of Practice on HIV/AIDS and the World of Work. We pledge to undertake sincere efforts to develop our response following the key principles of the ILO Code of practice, which are:-
•
Recognition of HIV/AIDS as a workplace issue
HIV/AIDS is a workplace issue, not only because it affects the workforce, but also because the workplace can play a vital role in limiting the spread and effects of the epidemic.
•
Non-discrimination
There should be no discrimination or stigmatization of employees on the basis of the real or perceived HIV status.
•
Gender equality
More equal gender relations and the empowerment of women are vital to successfully preventing the spread of HIV infection and enabling women to cope with HIV/AIDS. 23
NATIONAL POLICY ON HIV/AIDS AND THE WORLD OF WORK
•
Healthy work environment
The work environment should be healthy and safe, and adapted to the state of health and capabilities of employees.
•
Social dialogue
A successful HIV/AIDS policy and programme requires cooperation and trust between employers, employees, and governments.
•
Screening for purpose of employment
HIV/AIDS screening should not be required of job applicants or persons in employments and testing for HIV should not be carried out at the workplace except as specified in this Code.
•
Confidentiality
Access to personal data relating to a worker’s HIV status should be bound by the rules of confidentiality consistent with the existing ILO Code of Practice
•
Continuing the employment relationship
HIV infection is not a cause for termination of employment. Persons with HIV-related illnesses should be able to work for as long as medically fit in appropriate conditions.
•
Prevention
The social partners are in a unique position to promote prevention efforts through information and education, and support changes in attitudes and 24orporat.
•
Care and support
Solidarity, care and support should guide the response to HIV/ AIDS at the workplace. All employees are entitled to affordable health services and to benefits from statutory and occupational schemes.
On our part, we commit ourselves to the following:
•
We encourage workers and their representatives to consult an collaborate with the employers on the development and implementation of an appropriate policy for their workplace, designed to prevent the spread of the infection and protect all workers form discrimination related to HIV/AIDS.
•
We will set up internal committees on HIV/AIDS at the Central and state levels to review/monitor the implementation of workplace HIV/AIDS policies and programmes;
•
We will endeavor to negotiate with the employers for inclusion of HIV/AIDS policies in human resource development programmes at workplaces;
24
NATIONAL POLICY ON HIV/AIDS AND THE WORLD OF WORK
•
Using our existing union structures, we will provide information on HIV/AIDS in the workplace to workers; we will undertake training of the focal points and peer educators on HIV/AIDS from the union wherever possible with the help of the lLO and other agencies.
•
We will attempt as much as possible to initiate prevention interventions to cover workers in the informal/25orporate25d sector
•
We will seek and explore opportunities from various government and international agencies to initiate interventions and develop joint action programmes to cover working population all over the country. These will be done in the overall national framework on HIV/AIDS Control Programme coordinated by the National AIDS Control Organisation (NACO); and
•
We will build partnership with the national and international HIV-related agencies including NACO, State AIDS Control Societies (SACS) and their partner agencies, the Ministry of Labour and Employment(MOLE), the State Labour Departments, Employers, UN agencies, Network of People living with HIV/AIDS and other fellow comrades to share resources and experiences in fighting HIV/AIDS.
Signed by
Mr. Gurudas Das Gupta, MP
General Secretary
______________________________All India Trade Union Congress
Mr. Girish Awasthi
President,
_________________________________Bharatiya Mazdoor Sangh
Mr. M.K. Pandhe,
President
__________________________Centre of Indian Trade Unions
25
. NATIONAL POLICY ON HIV/AIDS AND THE WORLD OF WORK
Mr. Umraomal Purohit
General Secretary
______________________________________ Hind Mazdoor Sabha
Dr. G. Sanjeeva Reddy, M.P.
President
_________________________Indian National Trade Union Congress
26
NATIONAL POLICY ON HIV/AIDS AND THE WORLD OF WORK
Annexure-III
Checklist for planning and implementing a workplace policy and programme on HIV/AIDS
In accordance with the principles of the policy, as outlined in section 3.4, the following steps may be used as checklist for developing a policy and programme;
o
HIV/AIDS committee is set up with representative of top management, supervisors, workers, trade unions, human resources department, training department, industrial relations unit, occupational health unit, and safely committee, and persons living with AIDS if they agree;
o
Committee decides its terms of reference and decision-making powers and responsibilities.
o
Review of national laws their implications for the sector/enterprise/workplace;
o
Committee assesses the impact of the HIV epidemic on the workplace and the needs of workers infected and affected by HIV/AIDS by carrying out a confidential baseline study;
o
Committee establishes what health and information services are already available-both at the workplace and the local community;
o
Committee formulates a draft policy; draft circulated for comment then revised and adopted;
o
Committee draws up a budget, seeking funds from outside if necessary, particularly for interventions amongst unorganized workers and identifies existing resources in the local community;
o
Committee establishes plan of action with timetable and lines of responsibility, to implement policy programmes; 27
NATIONAL POLICY ON HIV/AIDS AND THE WORLD OF WORK
o
Policy and plan of action are widely disseminated through, for example, notice board, mailing, pay slip insert, special meetings, introduction courses, training sessions;
o
Committee monitors the impact of the policy;
o
Committee regularly reviews the policy in the light of internal monitoring and of external information about the virus and its workplace implications.
Every step described above should be integrated into comprehensive policy that is planned, implemented and monitored in a sustained and ongoing manner. 28
NATIONAL POLICY ON HIV/AIDS AND THE WORLD OF WORK
Annexure IV
1. TERMS AND MEAININGS
Human Immunodeficiency Virus (HIV): A virus that weakens the body’s immune system i.e. the body’s natural ability to fight diseases. HIV is transmitted when blood or body fluids from someone who is HIV-positive enters someone else’s bloodstream. HIV is most commonly transmitted through four body fluids-blood, semen, vaginal secretions and breast milk. Activities that are known to transmit HIV include having unprotected sex or sharing needles or syringes with someone infected with HIV, receiving HIV contaminated blood products, from HIV infected-mother to her unborn baby. HIV is not spread through casual contact and is not transmitted through air, food, water or mosquito/insect bites.
As the immune system fails, a person infected with HIV may develop a variety of life-threatening illnesses. However, HIV-infected individuals may not show signs of illness for many years and continue to be productive members in the workplace.
HIV test: HIV often causes no symptoms and the infection can be diagnosed only by testing a person’s blood. Based on National HIV/AIDS Policy, no individual should be made to undergo a mandatory testing for HIV. Individuals seeking voluntary HIV testing must have access to pre and post test counseling, made available through the Government of India’s approved Integrated Counseling and Testing Centres (ICTC).
Acquired Immuno Deficiency Syndrome(AIDS): A condition when cluster of clinical signs and symptoms, appear at the most advanced stages of HIV infection when HIV progressively destroys the body’s immune system and its ability to fight infections. People diagnosed with AIDS may get life threatening diseases called opportunistic infections’ that are caused by microbes, such as viruses or bacteria, which do not usually make healthy people sick. AIDS has no cure till date though with the availability of Anti Retroviral Treatment, the life span of infected persons can be prolonged substantially
Affected persons: Persons whose lives have changed in any way by HIV and AIDS due to the broader impact of the epidemic.
Discrimination: Is used in accordance with the definition given in Discrimination (Employment and Occupation) ILO Convention, 1958 (No. 111), to include HIV status. It also includes discrimination on the basis of a worker’s perceived HIV status, including discrimination on the ground of sexual orientation.
.
Employer: A person or organization employing workers under a written or verbal contract of employment which establishes the rights and duties of both
29
NATIONAL POLICY ON HIV/AIDS AND THE WORLD OF WORK
parties, in accordance with national law and practice. Governments, public authorities, private enterprises and individuals may be a employers.
Occupational health services (OHS): Health services which have an essentially preventative function and which are responsible for advising the employer, as well as workers and their representatives, on the requirements for establishing and maintaining a safe and healthy working environment and working methods to facilitate optimal physical and mental heath in relation to work. The OHS also provide advice on the adaptation of work to the capabilities of workers in the light of their physical and mental health.
Reasonable accommodation: Any modification or adjustment to a job or to the workplace that is reasonably practicable and will enable a person living with HIV or AIDS to have access to or participate or advance in employment.
Screening: Measures whether direct (HIV testing), indirect (assessment of risk-taking behavior) or asking questions about tests already taken or about medication.
Sex and gender: There are both biological and social differences between men and women. The term “sex” refers to biologically determined differences, while the term “gender” refers to differences in social roles and relations between men and women. Gender roles are learned through socialization and vary widely within and between cultures. Gender roles are affected by age, class, race, ethnicity and religion, and by the geographical, economic and political environment.
Sexually Transmitted Infection: Infection/s that can be transferred from one person to another through sexual contact. The presence of STIs also increases susceptibility to HIV. Prompt and appropriate treatment for STIs reduces individual risk of HIV infection.
Termination of employment: Dismissal at the initiative of the employer.
Universal Precautions: A simple standard of infection control practice to be used to minimize the risk of blood-borne infections.
Workers in informal/unorganized sector: Refers to very small-scale units producing and distributing goods and services, and consisting largely of independent, self-employed producers in urban areas, some of whom also employ family labour and/or a few hired workers or apprentices; which operate with very little capital, or none at all; which use a low level of technology and skills; which therefore operate at a low level of productivity; and which generally provide very low and irregular incomes and highly unstable employment to those who work in it. They are informal in the sense that they are, for the most part, unregistered and unrecorded in official statistics; they tend to have little or no access to organized markets, credit institutions, formal education and training institutions, or to many public services and amenities; they are not recognized, supported or regulated by the
30
31
NATIONAL POLICY ON HIV/AIDS AND THE WORLD OF WORK
government; they are often compelled by circumstances to operate outside the framework of the law, and even where they are registered and respect certain aspects of the law they are almost invariably beyond the pale of social protection, labour legislation and protective measures at the workplace. Informal sector producers and workers are generally unorganized (although informal local associations of those engaged in specific activities may exist), and in most cases beyond the scope of action of trade unions and employers organizations.
Workers representatives: Persons recognized as such by national law or practice whether they are (a) trade union representatives, namely representatives designated or elected by trade unions or by members of such unions; or (b) elected representatives, namely, representatives who are freely elected by the workers of the undertaking in accordance with provisions of national laws or regulations or of collective agreements and whose functions do not include activities which are recognized as the exclusive prerogative of trade unions in the country concerned.
Vulnerability: Refers to socio-economic disempowerment and cultural context, work situations that make workers more susceptible to the risk of infection.
Monday, December 6, 2010
Sunday, December 5, 2010
THE QUESTIONS ON THE RTI ACT 2005
THE QUESTIONS ON THE RTI ACT 2005
Quiz Question #1: Which was the first country in the World to have enacted a legislation for providing for citizens` RTI?
Your Answer: A. Sweden
Correct Answer: A. Sweden
Reason: Correct. Sweden did so as far back as in December 1766.
Quiz Question #2: The Universal Declaration of Human Rights recognises FOI as a part of Freedom of Expression, which is a Fundamental Human Right.
Your Answer: C. True.
Correct Answer: C. True.
Reason: Correct.
Quiz Question #3: FoI / RTI laws are also referred to as:
Your Answer: B. "open-government laws" and "sunshine laws"
Correct Answer: B. "open-government laws" and "sunshine laws"
Reason: Correct.
***************************************************
Quiz Question #1: The objective(s) of the `RTI Act, 2005` is / are
Your Answer: D. Both a and b
Correct Answer: D. Both a and b
Reason: Correct.
Quiz Question #2: The first State to introduce the a law on RTI was
Your Answer: A. Tamil Nadu
Correct Answer: A. Tamil Nadu
Reason: Correct. Tamil Nadu did so in April 1996
Quiz Question #3: Which was the State in which local authorities started providing people access to certain information related to the `Public Distribution System` (PDS) even before the State Assembly introduced / passed an RTI Act?
Your Answer: B. Madhya Pradesh
Correct Answer: B. Madhya Pradesh
Reason: Correct. It happened in Madhya Pradesh in certain places like Bilaspur and Korba. This was before the State of Chhattisgarh was carved out of Madhya Pradesh in November 2000. The Madhya Pradesh Assembly passed the RTI Act in 2002.
************************************************************
Quiz Question #1: The `Right to Information Act, 2005` came into full force on
Your Answer: B. 12th October, 2005.
Correct Answer: B. 12th October, 2005.
Reason: Correct.
Quiz Question #2: How many schedules does the `RTI Act, 2005` have?
Your Answer: B. 2
Correct Answer: B. 2
Reason: Correct.
Quiz Question #3: Indian citizens have the right to information because of
Your Answer: C. a law passed by the Parliament of India.
Correct Answer: C. a law passed by the Parliament of India.
Reason: Correct.
Quiz Question #1: Which of the following has not been defined as a Competent Authority by the `RTI Act, 2005`- i) Chairman of Rajya Sabha in the case of Council of States. ii) Government of India iii) Chief Justice of a High Court in the case of a High Court.
Your Answer: C. Only ii)
Correct Answer: C. Only ii)
Reason: Correct.
Quiz Question #2: Rules can be made by Appropriate Governments or Competent Authorities by notifying the rules: i) in the Official Gazette. ii) by publishing them on the website of the Appropriate Government. iii) by publishing them on the websites of Information Commissions - as applicable.
Your Answer: A. i) as per the `RTI Act, 2005`
Correct Answer: A. i) as per the `RTI Act, 2005`
Reason: Correct.
Quiz Question #3: For the PIO to disclose certain information, the Competent Authority should be satisfied that larger public interest warrants its disclosure. This information pertains to: i) commercial confidence. ii) trade secrets. iii) intellectual property. iv) information available to a person in his fiduciary relationship.
Your Answer: B. All i), ii), iii) & iv).
Correct Answer: B. All i), ii), iii) & iv).
Reason: Correct.
Quiz Question #1: The `RTI Act, 2005` stipulates that a Public Authority should transfer an RTI application or a part thereof to another Public Authority if the application or a part of it pertains to information
Your Answer: C. Both a. and b.
Correct Answer: C. Both a. and b.
Reason: Correct. This has been stipulated by S. 6(3) of the `RTI Act, 2005`
Quiz Question #2: How many TYPES of `Public Authorities` are there?
Your Answer: D. Two. Central Public Authorities and State Public Authorities.
Correct Answer: D. Two. Central Public Authorities and State Public Authorities.
Reason: Correct.
Quiz Question #3: What is the requirement under `RTI Act, 2005` regarding updating the publications under S. 4(1)(b)?
Your Answer: D. Updation of the information so published has to be done every year.
Correct Answer: D. Updation of the information so published has to be done every year.
Reason: Correct.
Quiz Question #1: The time limit specified in the `RTI Act, 2005` for the Central / State Information Commissions to decide on complaints is
Your Answer: A. No such time limit has been specified.
Correct Answer: A. No such time limit has been specified.
Reason: Correct.
Quiz Question #2: (Second) Appeals on information pertaining to a person`s life and liberty should be decided by Information Commissions within
Your Answer: D. No such time limit has been specified.
Correct Answer: D. No such time limit has been specified.
Reason: Correct.
Quiz Question #3: Which of the following statements about the "Annual Reports" of Information Commissions are true? i) They should state the number of requests made to each Public Authority. ii) The number of decisions where applicants were not allowed access to documents. iii) the provisions invoked and the number of times they were invoked. iv) the amount of charges collected by each Public Authority under this Act.
Your Answer: C. All i), ii), iii) & iv).
Correct Answer: C. All i), ii), iii) & iv).
Reason: Correct.
Quiz Question #1: How could a Public Information Officer receive applications? i) Those submitted by a requester in hand. ii) Those sent by an applicant by E-Mail. iii) Those transferred by another Public Authority. iv) Those forwarded by an Assistant Public Information Officer.
Your Answer: B. Any or all i), ii), iii) & iv).
Correct Answer: B. Any or all i), ii), iii) & iv).
Reason: Correct.
Quiz Question #2: Which of the following are true?
Your Answer: D. All are true.
Correct Answer: D. All are true.
Reason: Correct.
Quiz Question #3: "Deemed refusal" under the `RTI Act, 2005` is
Your Answer: A. A failure on a PIO`s part to provide information within the specified time limits.
Correct Answer: A. A failure on a PIO`s part to provide information within the specified time limits.
Reason: Correct.
Quiz Question #1: A first appeal against the decision of a PIO can be preferred by i) An Applicant. ii) A person from within the Public Authority. iii) A person outside the Public Authority to whom the information pertains.
Your Answer: D. All i), ii) & iii) above.
Correct Answer: D. All i), ii) & iii) above.
Reason: Correct.
Quiz Question #2: The First Appellate Authority
Your Answer: A. should be senior to all the Public Information Officers within the unit of a Public Authority concerned.
Correct Answer: A. should be senior to all the Public Information Officers within the unit of a Public Authority concerned.
Reason: Correct.
Quiz Question #3: The First Appellate Authority should decide on first appeals i) within 30 days from the receipt of the first appeals. ii) in less number of days that the PIO concerned took to take a decision on the application. iii) within 45 days from the date of receipt of the appeal, if the reasons are recorded.
Your Answer: C. Only i) & iii).
Correct Answer: C. Only i) & iii).
Reason: Correct.
Quiz Question #1: While inquiring into a complaint, Information Commissions have the power to i) receive evidence on affidavit. ii) requisition record or copies thereof from any court or office. iii) issue summons for examination of witnesses or documents.
Your Answer: B. All i), ii) & iii).
Correct Answer: B. All i), ii) & iii).
Reason: Correct.
Quiz Question #2: A Public Information Officer will be liable to be imposed a monetary penalty for i) refusal to receive an information application. ii) not providing information within specified time limits. iii) destroying information.
Your Answer: A. All i), ii) & iii).
Correct Answer: A. All i), ii) & iii).
Reason: Correct.
Quiz Question #3: Consider the following. A PIO: i) malafidely denies information. ii) obstructed furnishing information. iii) knowingly gave incorrect, incomplete or misleading information. For which of these actions can he / she be penalised by an Information Commission.
Your Answer: A. Any or all of these.
Correct Answer: A. Any or all of these.
Reason: Correct.
Quiz Question #1: Of the following, information not exempted from disclosure is:
Your Answer: C. Information which cannot be denied to the Parliament or a State Legislature.
Correct Answer: C. Information which cannot be denied to the Parliament or a State Legislature.
Reason: Correct.
Quiz Question #2: PIO should disclose information exempted in S. 8(1) if public interest in disclosure outweighs the harm to the protected interests.
Your Answer: B. Yes.
Correct Answer: B. Yes.
Reason: Correct.
Quiz Question #3: If a PIO reasonably severs non-exempted portions of a record from exempted portions, and partially provides information to an applicant, he / she has to i) give the name and designation of the person giving the decision. ii) reasons for the decision. iii) details of fees the applicant may have to pay. iv) applicants rights for a review of the decision.
Your Answer: B. All i), ii), iii) & iv) are true.
Correct Answer: B. All i), ii), iii) & iv) are true.
Reason: Correct.
Quiz Question #1: The Second Schedule of the RTI Act, 2005 lists
Your Answer: A. the intelligence and security organisations established by the Central Government that are exempted from the purview of the `RTI Act, 2005`.
Correct Answer: A. the intelligence and security organisations established by the Central Government that are exempted from the purview of the `RTI Act, 2005`.
Reason: Correct.
Quiz Question #2: The Second Schedule of the RTI Act, 2005 can be amended by
Your Answer: B. the Central Government.
Correct Answer: B. the Central Government.
Reason: Correct.
Quiz Question #3: According to the `RTI Act, 2005`, as far as exempted organisations are concerned, the exemption applies to i) certain organisations of the Central Government as listed in the 2nd Schedule and to the information submitted by these organisations to this Government. ii) certain organisations of the State Governments as may be notified by them in the Official Gazette, but NOT to the information furnished by these organisations to the respective State Governments.
Your Answer: C. Both i) & ii) are true.
Correct Answer: C. Both i) & ii) are true.
Reason: Correct.
Quiz Question #1: After the enactment of the `RTI Act, 2005`, what is the status of the `Freedom of Information Act, 2002`?
Your Answer: C. It has been repealed.
Correct Answer: C. It has been repealed.
Reason: Correct.
Quiz Question #2: The `RTI Act, 2005` will supersede
Your Answer: D. All a, b & c.
Correct Answer: D. All a, b & c.
Reason: Correct.
Quiz Question #3: What is the time span mentioned in the `RTI Act, 2005` for making orders for removing difficulties in giving effect to the provisions of the `RTI Act, 2005`?
Your Answer: A. 2 years from the commencement of the Act.
Correct Answer: A. 2 years from the commencement of the Act.
Reason: Correct.
Quiz Question #1: Which was the first country in the World to have enacted a legislation for providing for citizens` RTI?
Your Answer: A. Sweden
Correct Answer: A. Sweden
Reason: Correct. Sweden did so as far back as in December 1766.
Quiz Question #2: The Universal Declaration of Human Rights recognises FOI as a part of Freedom of Expression, which is a Fundamental Human Right.
Your Answer: C. True.
Correct Answer: C. True.
Reason: Correct.
Quiz Question #3: FoI / RTI laws are also referred to as:
Your Answer: B. "open-government laws" and "sunshine laws"
Correct Answer: B. "open-government laws" and "sunshine laws"
Reason: Correct.
***************************************************
Quiz Question #1: The objective(s) of the `RTI Act, 2005` is / are
Your Answer: D. Both a and b
Correct Answer: D. Both a and b
Reason: Correct.
Quiz Question #2: The first State to introduce the a law on RTI was
Your Answer: A. Tamil Nadu
Correct Answer: A. Tamil Nadu
Reason: Correct. Tamil Nadu did so in April 1996
Quiz Question #3: Which was the State in which local authorities started providing people access to certain information related to the `Public Distribution System` (PDS) even before the State Assembly introduced / passed an RTI Act?
Your Answer: B. Madhya Pradesh
Correct Answer: B. Madhya Pradesh
Reason: Correct. It happened in Madhya Pradesh in certain places like Bilaspur and Korba. This was before the State of Chhattisgarh was carved out of Madhya Pradesh in November 2000. The Madhya Pradesh Assembly passed the RTI Act in 2002.
************************************************************
Quiz Question #1: The `Right to Information Act, 2005` came into full force on
Your Answer: B. 12th October, 2005.
Correct Answer: B. 12th October, 2005.
Reason: Correct.
Quiz Question #2: How many schedules does the `RTI Act, 2005` have?
Your Answer: B. 2
Correct Answer: B. 2
Reason: Correct.
Quiz Question #3: Indian citizens have the right to information because of
Your Answer: C. a law passed by the Parliament of India.
Correct Answer: C. a law passed by the Parliament of India.
Reason: Correct.
Quiz Question #1: Which of the following has not been defined as a Competent Authority by the `RTI Act, 2005`- i) Chairman of Rajya Sabha in the case of Council of States. ii) Government of India iii) Chief Justice of a High Court in the case of a High Court.
Your Answer: C. Only ii)
Correct Answer: C. Only ii)
Reason: Correct.
Quiz Question #2: Rules can be made by Appropriate Governments or Competent Authorities by notifying the rules: i) in the Official Gazette. ii) by publishing them on the website of the Appropriate Government. iii) by publishing them on the websites of Information Commissions - as applicable.
Your Answer: A. i) as per the `RTI Act, 2005`
Correct Answer: A. i) as per the `RTI Act, 2005`
Reason: Correct.
Quiz Question #3: For the PIO to disclose certain information, the Competent Authority should be satisfied that larger public interest warrants its disclosure. This information pertains to: i) commercial confidence. ii) trade secrets. iii) intellectual property. iv) information available to a person in his fiduciary relationship.
Your Answer: B. All i), ii), iii) & iv).
Correct Answer: B. All i), ii), iii) & iv).
Reason: Correct.
Quiz Question #1: The `RTI Act, 2005` stipulates that a Public Authority should transfer an RTI application or a part thereof to another Public Authority if the application or a part of it pertains to information
Your Answer: C. Both a. and b.
Correct Answer: C. Both a. and b.
Reason: Correct. This has been stipulated by S. 6(3) of the `RTI Act, 2005`
Quiz Question #2: How many TYPES of `Public Authorities` are there?
Your Answer: D. Two. Central Public Authorities and State Public Authorities.
Correct Answer: D. Two. Central Public Authorities and State Public Authorities.
Reason: Correct.
Quiz Question #3: What is the requirement under `RTI Act, 2005` regarding updating the publications under S. 4(1)(b)?
Your Answer: D. Updation of the information so published has to be done every year.
Correct Answer: D. Updation of the information so published has to be done every year.
Reason: Correct.
Quiz Question #1: The time limit specified in the `RTI Act, 2005` for the Central / State Information Commissions to decide on complaints is
Your Answer: A. No such time limit has been specified.
Correct Answer: A. No such time limit has been specified.
Reason: Correct.
Quiz Question #2: (Second) Appeals on information pertaining to a person`s life and liberty should be decided by Information Commissions within
Your Answer: D. No such time limit has been specified.
Correct Answer: D. No such time limit has been specified.
Reason: Correct.
Quiz Question #3: Which of the following statements about the "Annual Reports" of Information Commissions are true? i) They should state the number of requests made to each Public Authority. ii) The number of decisions where applicants were not allowed access to documents. iii) the provisions invoked and the number of times they were invoked. iv) the amount of charges collected by each Public Authority under this Act.
Your Answer: C. All i), ii), iii) & iv).
Correct Answer: C. All i), ii), iii) & iv).
Reason: Correct.
Quiz Question #1: How could a Public Information Officer receive applications? i) Those submitted by a requester in hand. ii) Those sent by an applicant by E-Mail. iii) Those transferred by another Public Authority. iv) Those forwarded by an Assistant Public Information Officer.
Your Answer: B. Any or all i), ii), iii) & iv).
Correct Answer: B. Any or all i), ii), iii) & iv).
Reason: Correct.
Quiz Question #2: Which of the following are true?
Your Answer: D. All are true.
Correct Answer: D. All are true.
Reason: Correct.
Quiz Question #3: "Deemed refusal" under the `RTI Act, 2005` is
Your Answer: A. A failure on a PIO`s part to provide information within the specified time limits.
Correct Answer: A. A failure on a PIO`s part to provide information within the specified time limits.
Reason: Correct.
Quiz Question #1: A first appeal against the decision of a PIO can be preferred by i) An Applicant. ii) A person from within the Public Authority. iii) A person outside the Public Authority to whom the information pertains.
Your Answer: D. All i), ii) & iii) above.
Correct Answer: D. All i), ii) & iii) above.
Reason: Correct.
Quiz Question #2: The First Appellate Authority
Your Answer: A. should be senior to all the Public Information Officers within the unit of a Public Authority concerned.
Correct Answer: A. should be senior to all the Public Information Officers within the unit of a Public Authority concerned.
Reason: Correct.
Quiz Question #3: The First Appellate Authority should decide on first appeals i) within 30 days from the receipt of the first appeals. ii) in less number of days that the PIO concerned took to take a decision on the application. iii) within 45 days from the date of receipt of the appeal, if the reasons are recorded.
Your Answer: C. Only i) & iii).
Correct Answer: C. Only i) & iii).
Reason: Correct.
Quiz Question #1: While inquiring into a complaint, Information Commissions have the power to i) receive evidence on affidavit. ii) requisition record or copies thereof from any court or office. iii) issue summons for examination of witnesses or documents.
Your Answer: B. All i), ii) & iii).
Correct Answer: B. All i), ii) & iii).
Reason: Correct.
Quiz Question #2: A Public Information Officer will be liable to be imposed a monetary penalty for i) refusal to receive an information application. ii) not providing information within specified time limits. iii) destroying information.
Your Answer: A. All i), ii) & iii).
Correct Answer: A. All i), ii) & iii).
Reason: Correct.
Quiz Question #3: Consider the following. A PIO: i) malafidely denies information. ii) obstructed furnishing information. iii) knowingly gave incorrect, incomplete or misleading information. For which of these actions can he / she be penalised by an Information Commission.
Your Answer: A. Any or all of these.
Correct Answer: A. Any or all of these.
Reason: Correct.
Quiz Question #1: Of the following, information not exempted from disclosure is:
Your Answer: C. Information which cannot be denied to the Parliament or a State Legislature.
Correct Answer: C. Information which cannot be denied to the Parliament or a State Legislature.
Reason: Correct.
Quiz Question #2: PIO should disclose information exempted in S. 8(1) if public interest in disclosure outweighs the harm to the protected interests.
Your Answer: B. Yes.
Correct Answer: B. Yes.
Reason: Correct.
Quiz Question #3: If a PIO reasonably severs non-exempted portions of a record from exempted portions, and partially provides information to an applicant, he / she has to i) give the name and designation of the person giving the decision. ii) reasons for the decision. iii) details of fees the applicant may have to pay. iv) applicants rights for a review of the decision.
Your Answer: B. All i), ii), iii) & iv) are true.
Correct Answer: B. All i), ii), iii) & iv) are true.
Reason: Correct.
Quiz Question #1: The Second Schedule of the RTI Act, 2005 lists
Your Answer: A. the intelligence and security organisations established by the Central Government that are exempted from the purview of the `RTI Act, 2005`.
Correct Answer: A. the intelligence and security organisations established by the Central Government that are exempted from the purview of the `RTI Act, 2005`.
Reason: Correct.
Quiz Question #2: The Second Schedule of the RTI Act, 2005 can be amended by
Your Answer: B. the Central Government.
Correct Answer: B. the Central Government.
Reason: Correct.
Quiz Question #3: According to the `RTI Act, 2005`, as far as exempted organisations are concerned, the exemption applies to i) certain organisations of the Central Government as listed in the 2nd Schedule and to the information submitted by these organisations to this Government. ii) certain organisations of the State Governments as may be notified by them in the Official Gazette, but NOT to the information furnished by these organisations to the respective State Governments.
Your Answer: C. Both i) & ii) are true.
Correct Answer: C. Both i) & ii) are true.
Reason: Correct.
Quiz Question #1: After the enactment of the `RTI Act, 2005`, what is the status of the `Freedom of Information Act, 2002`?
Your Answer: C. It has been repealed.
Correct Answer: C. It has been repealed.
Reason: Correct.
Quiz Question #2: The `RTI Act, 2005` will supersede
Your Answer: D. All a, b & c.
Correct Answer: D. All a, b & c.
Reason: Correct.
Quiz Question #3: What is the time span mentioned in the `RTI Act, 2005` for making orders for removing difficulties in giving effect to the provisions of the `RTI Act, 2005`?
Your Answer: A. 2 years from the commencement of the Act.
Correct Answer: A. 2 years from the commencement of the Act.
Reason: Correct.
Thursday, December 2, 2010
RESULT OF BATCH XXVIII CERTIFICATE COURSE ON RTI Act 2005
THE CERTIFICATE COURSE ON THE RIGHT TO INFORMATION ACT,2005
Batch XXVIII RESULTS
SL.NO Name State / UT Marks Grade
1 Mr. RAJESH KUMAR MEHTANI Uttar Pradesh 80.0 A
2 Mr. SP MOHAN Tamil Nadu 50.0 C
3 Mr. AJAY SINGH Chhattisgarh 75.0 B
4 Ms. BINDISHA SARANG Maharashtra 15.0 NOT QUALIFIED
5 Mr. VIKAS BHATIA Punjab 45.0 NOT QUALIFIED
6 Mr. AMEYA MARDOLKAR Goa 50.0 C
7 Mr. UPENDRA SINGH Tamil Nadu 30.0 NOT QUALIFIED
8 Mr. AMIT MISHRA Uttaranchal 25.0 NOT QUALIFIED
9 Mr. V NAGA YATENDRA BABU G Andhra Pradesh 40.0 NOT QUALIFIED
10 Mr. B NAVEEN KUMAR Andhra Pradesh 25.0 NOT QUALIFIED
11 Mr. AMBADAS UNDE Maharashtra 100.0 A
12 Mr. ANIL TYAGI Uttar Pradesh 40.0 NOT QUALIFIED
13 Mr. FRANCIS DSOUZA Maharashtra 35.0 NOT QUALIFIED
14 Mr. KOTHA RAMA MOHAN RAO Andhra Pradesh 100.0 A
15 Mr. DEEPAK WADHWA Haryana 80.0 A
16 Mr. PRAVEER RAAJ Delhi (UT) 80.0 A
17 Mr. SANJAY SINGH Uttar Pradesh 70.0 B
18 Mr. SUDEEP TALAPANENI Andhra Pradesh 95.0 A
19 Mr. SIVAPRAKASH Viruthagiri Tamil Nadu 75.0 B
20 Mr. ABHIMANYU KUMAR Bihar 85.0 A
21 Ms. HARSHA RAJWANSHI Uttar Pradesh 100.0 A
22 Ms. BHAWNA KUMARI Uttar Pradesh 30.0 NOT QUALIFIED
23 Mr. MAYANK PERIWAL Punjab 80.0 A
24 Mr. ROHANKUMAR PATEL Gujarat 60.0 B
25 Mr. MAYUR PAHADE Maharashtra 20.0 NOT QUALIFIED
26 Mrs. RAJESWARI RAMANATHAN Tamil Nadu 35.0 NOT QUALIFIED
27 Mr. HARSH CHAUHAN Delhi (UT) 65.0 B
28 Mr. HITESH PANDYA Maharashtra 90.0 A
29 Mr. RAHUL ANAND Goa 85.0 A
30 Ms. KRITHIKA SUNDARARAMAN Maharashtra 90.0 A
31 Mr. AMANDEEP SINGH Uttar Pradesh 95.0 A
32 Mr. ABHISHEK GUPTA Uttar Pradesh 25.0 NOT QUALIFIED
33 Mr. PAVAN KUMAR GAJAVALLI Andhra Pradesh 70.0 B
34 Mr. MAYANK RANA Uttar Pradesh 40.0 NOT QUALIFIED
35 Mr. VIBHUTI RAI BHATNAGAR Uttar Pradesh 65.0 B
36 Mr. PEEYUSH KUMAR Chhattisgarh 85.0 A
37 Mr. ARUN BANSAL Chandigarh (UT) 100.0 A
38 Mr. SRINIVASAN S Tamil Nadu 55.0 C
39 Mr. MOHAMMAD BILAL AZMI Uttar Pradesh 10.0 NOT QUALIFIED
40 Mr. ANSARI MUHAMMAD SAHEB E ALAM Uttar Pradesh 10.0 NOT QUALIFIED
41 Mr. RAJ SINGHAL Rajasthan 65.0 B
42 Mr. LAKHPAT RAJ MEHTA Rajasthan 60.0 B
43 Mr. VIVEK BADWAIK Maharashtra 90.0 A
44 Mr. RAHUL SHRIVASTAVA Uttar Pradesh 35.0 NOT QUALIFIED
45 Mr. SHIVLAL NETHIKAR Andhra Pradesh 60.0 B
46 Mr. MOHAMMAD SAJID FEHZAN Chhattisgarh 15.0 NOT QUALIFIED
47 Mr. PRASHANT KUCHEKAR Maharashtra 20.0 NOT QUALIFIED
48 Mr. ANKUR SHARMA Uttar Pradesh 35.0 NOT QUALIFIED
49 Mr. VISHAL NAIK Goa 25.0 NOT QUALIFIED
50 Mr. RAJESHKUMAR PEDHADIYA Haryana 50.0 C
51 Mr. PIYUSH AKHAJA Haryana 0.0 NOT QUALIFIED
52 Mr. JASMIN RAVAL Gujarat 0.0 NOT QUALIFIED
53 Mr. JIGAR RATHOD Haryana 0.0 NOT QUALIFIED
54 Mr. MADHAV PATWARDHAN Maharashtra 80.0 A
55 Mr. AYAZ DUKANDAR Karnataka 50.0 C
56 Ms. SHRUTI GOEL Uttar Pradesh 80.0 A
57 Mr. SIVARAMAKRISHNA SAKSHI Andhra Pradesh 65.0 B
58 Mr. RAHUL VERMA Uttar Pradesh 65.0 B
59 Mr. PUJARA MANISH Gujarat 50.0 C
60 Mr. Abhishek MALETI Rajasthan 0.0 NOT QUALIFIED
61 Mr. RADHAKRISHNA TRIPATHY Orissa 95.0 A
62 Mr. AJAY KUMAR SINGH Mizoram 90.0 A
63 Mr. SURAJ NARAYAN BORDOLOI West Bengal 70.0 B
64 Ms. VANI VENKAT Maharashtra 45.0 NOT QUALIFIED
65 Mr. MANOJ KUMAR YADAV Uttar Pradesh 80.0 A
66 Mr. TARUN MANDLOI Madhya Pradesh 0.0 NOT QUALIFIED
67 Mr. ATIN KUMAR DAS DAS Madhya Pradesh 35.0 NOT QUALIFIED
68 Mr. PRADEEP KUMAR JAIN Maharashtra 20.0 NOT QUALIFIED
69 Dr. ANISH KASHYAP Madhya Pradesh 90.0 A
70 Mr. MOHAMED IBRAHIM ANSARI Delhi (UT) 65.0 B
71 Mr. RAJESHKUMAR PARAMASIVAM Tamil Nadu 0.0 NOT QUALIFIED
72 Mr. SREENIVASA MURTHY V Andhra Pradesh 40.0 NOT QUALIFIED
73 Mr. UTKARSH AGRAWAL Uttar Pradesh 50.0 C
74 Mr. MOHAN GOSWAMI Uttaranchal 70.0 B
75 Mr. MOHAMMED AFZAL Maharashtra 70.0 B
76 Mr. GAURAV BAINSLA Uttar Pradesh 70.0 B
77 Mr. UMAKANT SINGH Uttar Pradesh 25.0 NOT QUALIFIED
78 Mr. SURESHKUMAR T S Tamil Nadu 90.0 A
79 Mr. SUMIT ARORA Uttaranchal 10.0 NOT QUALIFIED
80 Mr. TARUN GAUTAM Uttaranchal 90.0 A
81 Mr. NITIN KUMAR TYAGI Uttaranchal 70.0 B
82 Mr. PRASANTA BASU West Bengal 80.0 A
83 Mr. MAN MOHAN JINDAL Punjab 60.0 B
84 Mr. MANMATH NATH PANDA Orissa 40.0 NOT QUALIFIED
85 Mr. RAMESH PRASAD Assam 2 5.0 NOT QUALIFIED
86 Mr. JANARDAN PRASAD TIWARI Orissa 90.0 A
87 Mr. ANILKUMAR MAHANTA Orissa 40.0 NOT QUALIFIED
88 Dr. SINGRAY SOREN Uttar Pradesh 40.0 NOT QUALIFIED
89 Ms. KULVINDER KAUR Chandigarh (UT) 80.0 A
90 Mr. SUMESH ANTONY Madhya Pradesh 90.0 A
91 Mr. MICHAEL WASHINGTON Karnataka 65.0 B
92 Mr. SHYAM LAL Himachal Pradesh 60.0 B
93 Mr. SURENDER SINGH SINGH Himachal Pradesh 85.0 A
94 Mr. SUJITH SUJITH Andaman & Nicobar (UT) 90.0 A
95 Mr. SANJAY KUMAR PATRA Delhi (UT) 85.0 A
96 Mr. CHANDRASEKHER KATRAGADDA Andhra Pradesh 30.0 NOT QUALIFIED
97 Dr. DHIRENDRA DEVARSHI Rajasthan 100.0 A
98 Mr. RP MISHRA Haryana 95.0 A
99 Mr. SANJAY TIRDIYA Gujarat 90.0 A
100 Mr. URVEK SHAH Delhi (UT) 50.0 C
101 Mr. P RAJARATHNAM Andhra Pradesh 35.0 NOT QUALIFIED
THE RESULT IS PROVISIONAL ,THE FINAL LIST WILL BE PUBLISHED ON THE RTI OCC web site SOON.
Batch XXVIII RESULTS
SL.NO Name State / UT Marks Grade
1 Mr. RAJESH KUMAR MEHTANI Uttar Pradesh 80.0 A
2 Mr. SP MOHAN Tamil Nadu 50.0 C
3 Mr. AJAY SINGH Chhattisgarh 75.0 B
4 Ms. BINDISHA SARANG Maharashtra 15.0 NOT QUALIFIED
5 Mr. VIKAS BHATIA Punjab 45.0 NOT QUALIFIED
6 Mr. AMEYA MARDOLKAR Goa 50.0 C
7 Mr. UPENDRA SINGH Tamil Nadu 30.0 NOT QUALIFIED
8 Mr. AMIT MISHRA Uttaranchal 25.0 NOT QUALIFIED
9 Mr. V NAGA YATENDRA BABU G Andhra Pradesh 40.0 NOT QUALIFIED
10 Mr. B NAVEEN KUMAR Andhra Pradesh 25.0 NOT QUALIFIED
11 Mr. AMBADAS UNDE Maharashtra 100.0 A
12 Mr. ANIL TYAGI Uttar Pradesh 40.0 NOT QUALIFIED
13 Mr. FRANCIS DSOUZA Maharashtra 35.0 NOT QUALIFIED
14 Mr. KOTHA RAMA MOHAN RAO Andhra Pradesh 100.0 A
15 Mr. DEEPAK WADHWA Haryana 80.0 A
16 Mr. PRAVEER RAAJ Delhi (UT) 80.0 A
17 Mr. SANJAY SINGH Uttar Pradesh 70.0 B
18 Mr. SUDEEP TALAPANENI Andhra Pradesh 95.0 A
19 Mr. SIVAPRAKASH Viruthagiri Tamil Nadu 75.0 B
20 Mr. ABHIMANYU KUMAR Bihar 85.0 A
21 Ms. HARSHA RAJWANSHI Uttar Pradesh 100.0 A
22 Ms. BHAWNA KUMARI Uttar Pradesh 30.0 NOT QUALIFIED
23 Mr. MAYANK PERIWAL Punjab 80.0 A
24 Mr. ROHANKUMAR PATEL Gujarat 60.0 B
25 Mr. MAYUR PAHADE Maharashtra 20.0 NOT QUALIFIED
26 Mrs. RAJESWARI RAMANATHAN Tamil Nadu 35.0 NOT QUALIFIED
27 Mr. HARSH CHAUHAN Delhi (UT) 65.0 B
28 Mr. HITESH PANDYA Maharashtra 90.0 A
29 Mr. RAHUL ANAND Goa 85.0 A
30 Ms. KRITHIKA SUNDARARAMAN Maharashtra 90.0 A
31 Mr. AMANDEEP SINGH Uttar Pradesh 95.0 A
32 Mr. ABHISHEK GUPTA Uttar Pradesh 25.0 NOT QUALIFIED
33 Mr. PAVAN KUMAR GAJAVALLI Andhra Pradesh 70.0 B
34 Mr. MAYANK RANA Uttar Pradesh 40.0 NOT QUALIFIED
35 Mr. VIBHUTI RAI BHATNAGAR Uttar Pradesh 65.0 B
36 Mr. PEEYUSH KUMAR Chhattisgarh 85.0 A
37 Mr. ARUN BANSAL Chandigarh (UT) 100.0 A
38 Mr. SRINIVASAN S Tamil Nadu 55.0 C
39 Mr. MOHAMMAD BILAL AZMI Uttar Pradesh 10.0 NOT QUALIFIED
40 Mr. ANSARI MUHAMMAD SAHEB E ALAM Uttar Pradesh 10.0 NOT QUALIFIED
41 Mr. RAJ SINGHAL Rajasthan 65.0 B
42 Mr. LAKHPAT RAJ MEHTA Rajasthan 60.0 B
43 Mr. VIVEK BADWAIK Maharashtra 90.0 A
44 Mr. RAHUL SHRIVASTAVA Uttar Pradesh 35.0 NOT QUALIFIED
45 Mr. SHIVLAL NETHIKAR Andhra Pradesh 60.0 B
46 Mr. MOHAMMAD SAJID FEHZAN Chhattisgarh 15.0 NOT QUALIFIED
47 Mr. PRASHANT KUCHEKAR Maharashtra 20.0 NOT QUALIFIED
48 Mr. ANKUR SHARMA Uttar Pradesh 35.0 NOT QUALIFIED
49 Mr. VISHAL NAIK Goa 25.0 NOT QUALIFIED
50 Mr. RAJESHKUMAR PEDHADIYA Haryana 50.0 C
51 Mr. PIYUSH AKHAJA Haryana 0.0 NOT QUALIFIED
52 Mr. JASMIN RAVAL Gujarat 0.0 NOT QUALIFIED
53 Mr. JIGAR RATHOD Haryana 0.0 NOT QUALIFIED
54 Mr. MADHAV PATWARDHAN Maharashtra 80.0 A
55 Mr. AYAZ DUKANDAR Karnataka 50.0 C
56 Ms. SHRUTI GOEL Uttar Pradesh 80.0 A
57 Mr. SIVARAMAKRISHNA SAKSHI Andhra Pradesh 65.0 B
58 Mr. RAHUL VERMA Uttar Pradesh 65.0 B
59 Mr. PUJARA MANISH Gujarat 50.0 C
60 Mr. Abhishek MALETI Rajasthan 0.0 NOT QUALIFIED
61 Mr. RADHAKRISHNA TRIPATHY Orissa 95.0 A
62 Mr. AJAY KUMAR SINGH Mizoram 90.0 A
63 Mr. SURAJ NARAYAN BORDOLOI West Bengal 70.0 B
64 Ms. VANI VENKAT Maharashtra 45.0 NOT QUALIFIED
65 Mr. MANOJ KUMAR YADAV Uttar Pradesh 80.0 A
66 Mr. TARUN MANDLOI Madhya Pradesh 0.0 NOT QUALIFIED
67 Mr. ATIN KUMAR DAS DAS Madhya Pradesh 35.0 NOT QUALIFIED
68 Mr. PRADEEP KUMAR JAIN Maharashtra 20.0 NOT QUALIFIED
69 Dr. ANISH KASHYAP Madhya Pradesh 90.0 A
70 Mr. MOHAMED IBRAHIM ANSARI Delhi (UT) 65.0 B
71 Mr. RAJESHKUMAR PARAMASIVAM Tamil Nadu 0.0 NOT QUALIFIED
72 Mr. SREENIVASA MURTHY V Andhra Pradesh 40.0 NOT QUALIFIED
73 Mr. UTKARSH AGRAWAL Uttar Pradesh 50.0 C
74 Mr. MOHAN GOSWAMI Uttaranchal 70.0 B
75 Mr. MOHAMMED AFZAL Maharashtra 70.0 B
76 Mr. GAURAV BAINSLA Uttar Pradesh 70.0 B
77 Mr. UMAKANT SINGH Uttar Pradesh 25.0 NOT QUALIFIED
78 Mr. SURESHKUMAR T S Tamil Nadu 90.0 A
79 Mr. SUMIT ARORA Uttaranchal 10.0 NOT QUALIFIED
80 Mr. TARUN GAUTAM Uttaranchal 90.0 A
81 Mr. NITIN KUMAR TYAGI Uttaranchal 70.0 B
82 Mr. PRASANTA BASU West Bengal 80.0 A
83 Mr. MAN MOHAN JINDAL Punjab 60.0 B
84 Mr. MANMATH NATH PANDA Orissa 40.0 NOT QUALIFIED
85 Mr. RAMESH PRASAD Assam 2 5.0 NOT QUALIFIED
86 Mr. JANARDAN PRASAD TIWARI Orissa 90.0 A
87 Mr. ANILKUMAR MAHANTA Orissa 40.0 NOT QUALIFIED
88 Dr. SINGRAY SOREN Uttar Pradesh 40.0 NOT QUALIFIED
89 Ms. KULVINDER KAUR Chandigarh (UT) 80.0 A
90 Mr. SUMESH ANTONY Madhya Pradesh 90.0 A
91 Mr. MICHAEL WASHINGTON Karnataka 65.0 B
92 Mr. SHYAM LAL Himachal Pradesh 60.0 B
93 Mr. SURENDER SINGH SINGH Himachal Pradesh 85.0 A
94 Mr. SUJITH SUJITH Andaman & Nicobar (UT) 90.0 A
95 Mr. SANJAY KUMAR PATRA Delhi (UT) 85.0 A
96 Mr. CHANDRASEKHER KATRAGADDA Andhra Pradesh 30.0 NOT QUALIFIED
97 Dr. DHIRENDRA DEVARSHI Rajasthan 100.0 A
98 Mr. RP MISHRA Haryana 95.0 A
99 Mr. SANJAY TIRDIYA Gujarat 90.0 A
100 Mr. URVEK SHAH Delhi (UT) 50.0 C
101 Mr. P RAJARATHNAM Andhra Pradesh 35.0 NOT QUALIFIED
THE RESULT IS PROVISIONAL ,THE FINAL LIST WILL BE PUBLISHED ON THE RTI OCC web site SOON.
THE CONSTITUTION (FORTY-FOURTH AMENDMENT)
THE CONSTITUTION (FORTY-FOURTH AMENDMENT)
Statement of Objects and Reasons appended to the Constitution (Forty-fifth Amendment) Bill, 1978 (Bill No. 88 of 1978) which was enacted as THE CONSTITUTION (Forty-fourth Amendment) Act, 1978
STATEMENT OF OBJECTS AND REASONS
Recents experience has shown that the fundamental rights, including those of life and liberty, granted to citizens by the Constitution are capable of being taken away by a transient majority. It is, therefore, necessary to provide adequate safeguards against the recurrence of such a contingency in the future and to ensure to the people themselves an effective voice in determining the form of government under which they are to live. This is one of the primary objects of this Bill.
2. It is, therefore, proposed to provide that certain changes in the Constitution which would have the effect of impairing its secular or democratic character, abridging or taking away fundamental rights prejudicing or impeding free and fair elections on the basis of adult suffrage and compromising the independence of judiciary, can be made only if they are approved by the people of India by a majority of votes at a referendum in which at least fifty-one per cent. of the electorate participate. Article 368 is being amended to ensure this.
3. In view of the special position sought to be given to fundamental rights, the right to property, which has been the occasion for more than one amendment of the Constitution, would cease to be a fundamental right and become only a legal right. Necessary amendments for this purpose are being made to article 19 and article 31 is being deleted. It would, however, be ensured that the removal of property from the list of fundamental rights would not affect the right of minorities to establish and administer educational institutions of their choice.
4. Similarly, the right of persons holding land for personal cultivation and within the ceiling limit to receive compensation at the market value would not be affected.
5. Property, while ceasing to be a fundamental right, would, however, be given express recognition as a legal right, provision being made that no person shall be deprived of his property save in accordance with law.
6. A Proclamation of Emergency under article 352 has virtually the effect of amending the Constitution by converting it for the duration into that of a Unitary State and enabling the rights of the citizen to move the courts for the enforcement of fundamental rights---including the right to life and liberty---to be suspended. Adequate safeguards are, therefore, necessary to ensure that this power is properly exercised and is not abused. It is, therefore, proposed that a Proclamation of Emergency can be issued only when the security of India or any part of its territory is threatened by war or external aggression or by armed rebellion. Internal disturbance not amounting to armed rebellion would not be a ground for the issue of a Proclamation.
7. Further, in order to ensure that a Proclamation is issued only after due consideration, it is sought to be provided that an Emergency can be proclaimed only on the basis of written advice tendered to the President by the Cabinet. In addition, as a Proclamation of Emergency virtually has the effect of amending the Constitution, it is being provided that the Proclamation would have to be approved by the two Houses of Parliament by the same majority which is necessary to amend the Constitution and such approval would have to be given within a period of one month. Any such Proclamation would be in force only for a period of six months and can be continued only by further resolutions passed by the same majority. The Proclamation would also cease to be in operation if a resolution disapproving the continuance of the Proclamation is passed by Lok Sabha. Ten per cent. or more of the Members of Lok Sabha can requisition a special meeting for considering a resolution for disapproving the Proclamation.
8. As a further check against the misuse of the Emergency provisions and to put the right to life and liberty on a secure footing, it would be provided that the power to suspend the right to move the court for the enforcement of a fundamental right cannot be exercised in respect of the fundamental right to life and liberty. The right to liberty is further strengthened by the provision that a law for preventive detention cannot authorise, in any case, detention for a longer period than two months, unless an Advisory Board has reported that there is sufficient cause for such detention. An additional safeguard would be provided by the requirement that the Chairman of an Advisory Board shall be a serving Judge of the appropriate High Court and that the Board shall be constituted in accordance with the recommendations of the Chief Justice of that High Court.
9. A special provision is being made guaranteeing the right of the media to report freely and without censorship the proceedings in Parliament and the State Legislatures. The provision with regard to the breakdown of the constitutional machinery in the States is being amended so as to provide that a Proclamation issued under article 356 would be in force only for a period of six months in the first instance and that it cannot exceed one year ordinarily. However, if a Proclamation of Emergency is in operation and the Election Commission certifies that the extension of the President's rule beyond a period of one year is necessary on account of difficulties in holding elections to the Legislative Assembly of the State concerned, the period of operation of the Proclamation can be extended beyond one year. This is subject to the existing limit of three years. These changes would ensure that democratic rule is restored to a State after the minimum period which will be necessary for holding elections.
10. With a view to avoiding delays, it is proposed to amend articles 132, 133 and 134 and insert a new article 134A to provide that a High Court should consider the question of granting a certificate for appeal to Supreme Court immediately after the delivery of the judgment, decree, final order or sentence concerned on the basis of an oral application by a party or, if the High Court deems fit so to do, on its own motion. Cases of special leave to appeal by Supreme Court will be left to be regulated exclusively by article 136.
11. The other amendments proposed in the Bill are mainly for removing or correcting the distortions which came into the Constitution by reason of amendments enacted during the period of the Internal Emergency.
12. The Bill seeks to achieve the above objects. The notes on clauses explain in detail the various provisions of the Bill.
NEW DELHI; SHANTI BHUSHAN.
The 9th May, 1978.
THE CONSTITUTION (FORTY-FOURTH AMENDMENT) ACT, 1978
-----------
ARRANGEMENT OF SECTIONS
-------------
SECTIONS
1. Short title and commencement.
2. Amendment of article 19.
3. Amendment of article 22.
4. Amendment of article 30.
5. Omission of sub-heading after article 30.
6. Omission of article 31.
7. Amendment of article 31A.
8. Amendment of article 31C.
9. Amendment of article 38.
10. Substitution of new article for article 71.
11. Amendment of article 74.
12. Amendment of article 77.
13. Amendment of article 83.
14. Substitution of new article for article 103.
15. Amendment of article 105.
16. Amendment of article 123.
17. Amendment of article 132.
18. Amendment of article 133.
19. Amendment of article 134.
20. Insertion of new article 134A.
21. Amendment of article 139A.
22. Amendment of article 150.
23. Amendment of article 166.
24. Amendment of article 172.
25. Substitution of new article for article 192.
26. Amendment of article 194.
27. Amendment of article 213.
28. Amendment of article 217.
29. Amendment of article 225.
30. Amendment of article 226.
31. Amendment of article 227.
32. Amendment of article 239B.
33. Omission of article 257A.
34. Insertion of new Chapter IV in Part XII.
35. Amendment of article 329.
36. Omission of article 329A.
37. Amendment of article 352.
38. Amendment of article 356.
39. Amendment of article 358.
40. Amendment of article 359.
41. Amendment of article 360.
42. Insertion of new article 361A.
43. Amendment of article 371F.
44. Amendment of the Ninth Schedule.
45. Amendment of THE CONSTITUTION (Forty-second Amendment) Act, 1976.
THE CONSTITUTION (FORTY-FOURTH AMENDMENT) ACT, 1978
[30th April, 1979.]
An Act further to amend the Constitution of India.
BE it enacted by Parliament in the Twenty-ninth Year of the Republic of India as follows:-
1. Short title and commencement.- (1) This Act may be called the Constitution (Forty-fourth Amendment) Act, 1978.
(2) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint and different dates may be appointed for different provisions of this Act.
2. Amendment of article 19.- In article 19 of the Constitution,-
(a) in clause (1),-
(i) in sub-clause (e), the word "and" shall be inserted at the end;
(ii) sub-clause (f) shall be omitted;
(b) in clause (5), for the words, brackets and letters "sub-clauses (d), (e) and (f)", the words, brackets and letters "sub-clauses (d) and (e)" shall be substituted.
3. Amendment of article 22.- In article 22 of the Constitution,-
(a) for clause (4), the following clause shall be substituted, namely:-
`(4) No law providing for preventive detention shall authorise the detention of a person for a longer period than two months unless an Advisory Board constituted in accordance with the recommendations of the Chief Justice of the appropriate High Court has reported before the expiration of the said period of two months that there is in its opinion sufficient cause for such detention:
Provided that an Advisory Board shall consist of a Chairman and not less than two other members, and the Chairman shall be a serving Judge of the appropriate High Court and the other members shall be serving or retired Judges of any High Court:
Provided further that nothing in this clause shall authorise the detention of any person beyond the maximum period prescribed by any law made by Parliament under sub-clause (a) of clause (7).
Explanation.-In this clause, "appropriate High Court" means,-
(i) in the case of the detention of a person in pursuance of an order of detention made by the Government of India or an officer or authority subordinate to that Government, the High Court for the Union territory of Delhi;
(ii) in the case of the detention of a person in pursuance of an order of detention made by the Government of any State (other than a Union territory), the High Court for that State; and
(iii) in the case of the detention of a person in pursuance of an order of detention made by the administrator of a Union territory or an officer or authority subordinate to such administrator, such High Court as may be specified by or under any law made by Parliament in this behalf.';
(b) in clause (7),-
(i) sub-clause (a) shall be omitted;
(ii) sub-clause (b) shall be re-lettered as sub-clause (a); and
(iii) sub-clause (c) shall be re-lettered as sub-clause (b) and in the sub-clause as so re-lettered, for the words, brackets, letter and figure "sub-clause (a) of clause (4)", the word,brackets and figure "clause (4)" shall be substituted.
4. Amendment of article 30.-In article 30 of the Constitution, after clause (1), the following clause shall be inserted, namely:-
"(1A) In making any law providing for the compulsory acquisition of any property of an educational institution established and administered by a minority, referred to in clause (1), the State shall ensure that the amount fixed by or determined under such law for the acquisition of such property is such as would not restrict or abrogate the right guaranteed under that clause.".
5. Omission of sub-heading after article 30.- The sub-heading "Right to Property" occurring after article 30 of the Constitution shall be omitted.
6. Omission of article 31.- Article 31 of the Constitution shall be omitted.
7. Amendment of article 31A.-In article 31A of the Constitution, in clause (1), for the words and figures "article 14, article 19 or article 31", the words and figures "article 14 or article 19" shall be substituted.
8. Amendment of article 31C.-In article 31C of the Constitution, for the words and figures "article 14, article 19 or article 31", the words and figures "article 14 or article 19" shall be substituted.
9. Amendment of article 38.-Article 38 of the Constitution shall be renumbered as clause (1) thereof and after the clause as so renumbered, the following clause shall be inserted, namely:-
"(2) The State shall, in particular, strive to minimise the inequalities in income, and endeavour to eliminate inequalities in status, facilities and opportunities, not only amongst individuals but also amongst groups of people residing in different areas or engaged in different vocations.".
10. Substitution of new article for article 71.-For article 71 of the Constitution, the following article shall be substituted, namely:-
"71. Matters relating to, or connected with, the election of a President or Vice-President.-(1) All doubts and disputes arising out of or in connection with the election of a President or Vice-Presinhi dent shall be inquired into and decided by the Supreme Court whose decision shall be final.
(2) If the election of a person as President or Vice-President is declared void by the Supreme Court, acts done by him in the exercise and performance of the powers and duties of the office of President or Vice-President, as the case may be, on or before the date of the decision of the Supreme Court shall not be invalidated by reason of that declaration.
(3) Subject to the provisions of this Constitution, Parliament may by law regulate any matter relating to or connected with the election of a President or Vice-President.
(4) The election of a person as President or Vice-President shall not be called in question on the ground of the existence of any vacancy for whatever reason among the members of the electoral college electing him.".
11. Amendment of article 74.-In article 74 of the Constitution, in clause (1), the following proviso shall be inserted at the end, namely:-
"Provided that the President may require the Council of Ministers to reconsider such advice, either generally or otherwise, and the President shall act in accordance with the advice tendered after such reconsideration.".
12. Amendment of article 77.-In article 77 of the Constitution, clause (4) shall be omitted.
13. Amendment of article 83.-(1) In article 83 of the Constitution, in clause (2), for the words "six years" in both the places where they occur, the words "five years" shall be substituted.
(2) The amendments made by sub-section (1) to clause (2) of article 83 shall apply also to the House of the People in existence on the date of coming into force of this section without prejudice to the power of Parliament with respect to the extension of the duration of that House under the proviso to that clause.
14. Substitution of new article for article 103.- For article 103 of the Constitution, the following article shall be substituted, namely:-
"103. Decision on questions as to disqualifications of members.-(1) If any question arises as to whether a member of either House of Parliament has become subject to any of the disqualifications mentioned in clause (1) of article 102, the question shall be referred for the decision of the President and his decision shall be final.
(2) Before giving any decision on any such question, the President shall obtain the opinion of the Election Commission and shall act according to such opinion.".
15. Amendment of article 105.-In article 105 of the Constitution, in clause (3), for the words "shall be those of the House of Commons of the Parliament of the United Kingdom, and of its members and committees, at the commencement of this Constitution", the words, figures and brackets "shall be those of that House and of its members and committees immediately before the coming into force of section 15 of the Constitution (Forty-fourth Amendment) Act, 1978" shall be substituted.
16. Amendment of article 123.-In article 123 of the Constitution, clause (4) shall be omitted.
17. Amendment of article 132.-In article 132 of the Constitution,-
(a) in clause (1), for the words "if the High Court certifies", the words, figures and letter "if the High Court certifies under article 134A" shall be substituted;
(b) clause (2) shall be omitted;
(c) in clause (3), the words "or such leave is granted," and the words "and, with the leave of the Supreme Court, on any other ground" shall be omitted.
18. Amendment of article 133.-In article 133 of the Constitution, in clause (1), for the words "if the High Court certifies-", the words, figures and letter "if the High Court certifies under article 134A-" shall be substituted.
19. Amendment of article 134.-In article 134 of the Constitution, in sub-clause (c) of clause (1), for the word "certifies", the words, figures and letter "certifies under article 134A" shall be substituted.
20. Insertion of new article 134A.- After article 134 of the Constitution, the following article shall be inserted, namely:-
"134A. Certificate for appeal to the Supreme Court.- Every High Court, passing or making a judgment, decree, final order, or sentence, referred to in clause (1) of article 132 or clause (1) of article 133, or clause (1) of article 134,-
(a) may, if it deems fit so to do, on its own motion; and
(b) shall, if an oral application is made, by or on behalf of the party aggrieved, immediately after the passing or making of such judgment, decree, final order or sentence, determine, as soon as may be after such passing or making, the question whether a certificate of the nature referred to in clause (1) of article 132, or clause (1) of article 133 or, as the case may be sub-clause (c) of clause (1) of article 134, may be given in respect of that case.".
21. Amendment of article 139A.-In article 139A of the Constitution, for clause (1), the following clause shall be substituted, namely:-
"(1) Where cases involving the same or substantially the same questions of law are pending before the Supreme Court and one or more High Courts or before two or more High Courts and the Supreme Court is satisfied on its own motion or on an application made by the Attorney-General of India or by a party to any such case that such questions are substantial questions of general importance, the Supreme Court may withdraw the case or cases pending before the High Court or the High Courts and dispose of all the cases itself:
Provided that the Supreme Court may after determining the said questions of law return any case so withdrawn together with a copy of its judgment on such questions to the High Court from which the case has been withdrawn, and the High Court shall on receipt thereof, proceed to dispose of the case in conformity with such judgment.".
22. Amendment of article 150.-In article 150 of the Constitution, for the words "after consultation with", the words "on the advice of" shall be substituted.
23. Amendment of article 166.-In article 166 of the Constitution, clause (4) shall be omitted.
24. Amendment of article 172.-(1) In article 172 of the Constitution, in clause (1), for the words "six years" in both the places where they occur, the words "five years" shall be substituted.
(2) The amendments made by sub-section (1) to clause (1) of article 172-
(a) shall not apply to any existing State Legislative Assembly the period of existence whereof as computed from the date appointed for its first meeting to the date of coming into force of this section (both dates inclusive) is more than four years and eight months but every such Assembly shall, unless sooner dissolved, stand dissolved on the expiry of-
(i) a period of four months from the date of coming into force of this section; or
(ii) a period of six years from the date appointed for its first meeting, whichever period expires earlier;
(b) shall apply to every other existing State Legislative Assembly without prejudice to the power of Parliament with respect to the extension of duration of such Assembly under the proviso to the said clause (1).
Explanation I.-In its application to the Legislative Assembly of the State of Sikkim referred to in clause (b) of article 371F of the Constitution, this sub-section shall have effect as if-
(i) the date appointed for the first meeting of that Assembly were the 26th day of April, 1975; and
(ii) the references in clause (a) of this sub-section to "four years and eight months" and "six years" were references to "three years and eight months" and "five years" respectively.
Explanation II.-In this sub-section, "existing State Legislative Assembly" means the Legislative Assembly of a State in existence on the date of coming into force of this section.
25. Substitution of new article for article 192.-For article 192 of the Constitution, the following article shall be substituted, namely:-
"192. Decision on questions as to disqualifications of members.-(1) If any question arises as to whether a member of a House of the Legislature of a State has become subject to any of the disqualifications mentioned in clause (1) of article 191, the question shall be referred for the decision of the Governor and his decision shall be final.
(2) Before giving any decision on any such question, the Governor shall obtain the opinion of the Election Commission and shall act according to such opinion.".
26. Amendment of article 194.-In article 194 of the Constitution, in clause (3), for the words "shall be those of the House of Commons of the Parliament of the United Kingdom, and of its members and committees, at the commencement of this Constitution", the words, figures and brackets "shall be those of that House and of its members and committees immediately before the coming into force of section 26 of the Constitution (Forty-fourth Amendment) Act, 1978" shall be substituted.
27. Amendment of article 213.-In article 213 of the Constitution, clause (4) shall be omitted.
28. Amendment of article 217.-In article 217 of the Constitution, in clause (2),-
(a) in sub-clause (b), the word "or" occurring at the end shall be omitted;
(b) sub-clause (c) shall be omitted;
(c) in the Explanation, clause (a) shall be re-lettered as clause (aa) and before clause (aa) as so re-lettered, the following shall be inserted, namely:-
"(a) in computing the period during which a person has held judicial office in the territory of India, there shall be included any period, after he has held any judicial office, during which the person has been an advocate of a High Court or has held the office of a member of a tribunal or any post, under the Union or a State, requiring special knowledge of law;".
29. Amendment of article 225.-In article 225 of the Constitution, the following proviso shall be inserted at the end, namely:-
"Provided that any restriction to which the exercise of original jurisdiction by any of the High Courts with respect to any matter concerning the revenue or concerning any act ordered or done in the collection thereof was subject immediately before the commencement of this Constitution shall no longer apply to the exercise of such jurisdiction.".
30. Amendment of article 226.-In article 226 of the Constitution,-
(a) in clause (1), for the portion beginning with the words "writs in the nature of habeas corpus, mandamus, prohibition, quo warranto and certiorari, or any of them" and ending with the words "such illegality has resulted in substantial failure of justice.", the following shall be substituted, namely:-
"writs in the nature of habeas corpus, mandamus, prohibition, quo warranto and certiorari, or any of them, for the enforcement of any of the rights conferred by Part III and for any other purpose.";
(b) for clauses (3), (4), (5) and (6), the following clause shall be substituted, namely:-
"(3) Where any party against whom an interim order, whether by way of injunction or stay or in any other manner, is made on, or in any way proceedings relating to, a petition under clause (1), without-
(a) furnishing to such party copies of such petition and all documents in support of the plea for such interim order; and
(b) giving such party an opportunity of being heard, makes an application to the High Court for the vacation of such order and furnishes a copy of such application to the party in whose favour such order has been made or the counsel of such party, the High Court shall dispose of the application within a period of two weeks from the date on which it is received or from the date on which the copy of such application is so furnished, whichever is later, or where the High Court is closed on the last day of that period, before the expiry of the next day afterwards on which the High Court is open; and if the application is not so disposed of, the interim order shall, on the expiry of that period, or, as the case may be, the expiry of the said next day, stand vacated.";
(c) clause (7) shall be renumbered as clause (4).
31. Amendment of article 227.- In article 227 of the Constitution,-
(a) for clause (1), the following clause shall be substituted, namely:-
"(1) Every High Court shall have superintendence over all courts and tribunals throughout the territories in relation to which it exercises jurisdiction.";
(b) clause (5) shall be omitted.
32. Amendment of article 239B.-In article 239B of the Constitution, clause (4) shall be omitted.
33. Omission of article 257A.-Article 257A of the Constitution shall be omitted.
34. Insertion of new Chapter IV in Part XII.-In Part XII of the Constitution, after Chapter III, the following Chapter shall be inserted, namely:-
"CHAPTER IV.-RIGHT TO PROPERTY
300A. Persons not to be deprived of property save by authority of law.-No person shall be deprived of his property save by authority of law.".
35. Amendment of article 329.-In article 329 of the Constitution, in the opening portion, the words, figures and letter "but subject to the provisions of article 329A" shall be omitted.
36. Omission of article 329A.-Article 329A of the Constitution shall be omitted.
37. Amendment of article 352.- In article 352 of the Constitution,-
(a) in clause (1),-
(i) for the words "internal disturbance", the words "armed rebellion" shall be substituted;
(ii) the following Explanation shall be inserted at the end, namely:-
"Explanation.-A Proclamation of Emergency declaring that the security of India or any part of the territory thereof is threatened by war or by external aggression or by armed rebellion may be made before the actual occurrence of war or of any such aggression or rebellion, if the President is satisfied that there is imminent danger thereof.";
(b) for clauses (2), (2A) and (3), the following clauses shall be substituted, namely:-
"(2) A Proclamation issued under clause (1) may be varied or revoked by a subsequent Proclamation.
(3) The President shall not issue a Proclamation under clause (1) or a Proclamation varying such Proclamation unless the decision of the Union Cabinet (that is to say, the Council consisting of the Prime Minister and other Ministers of Cabinet rank appointed under article 75) that such a Proclamation may be issued has been communicated to him in writing.
(4) Every Proclamation issued under this article shall be laid before each House of Parliament and shall, except where it is a Proclamation revoking a previous Proclamation, cease to operate at the expiration of one month unless before the expiration of that period it has been approved by resolutions of both Houses of Parliament:
Provided that if any such Proclamation (not being a Proclamation revoking a previous Proclamation) is issued at a time when the House of the People has been dissolved, or the dissolution of the House of the People takes place during the period of one month referred to in this clause, and if a resolution approving the Proclamation has been passed by the Council of States, but no resolution with respect to such Proclamation has been passed by the House of the People before the expiration of that period, the Proclamation shall cease to operate at the expiration of thirty days from the date on which the House of the People first sits after its reconstitution, unless before the expiration of the said period of thirty days a resolution approving the Proclamation has been also passed by the House of the People.
(5) A Proclamation so approved shall, unless revoked, cease to operate on the expiration of a period of six months from the date of the passing of the second of the resolutions approving the Proclamation under clause (4):
Provided that if and so often as a resolution approving the continuance in force of such a Proclamation is passed by both Houses of Parliament the Proclamation shall, unless revoked, continue in force for a further period of six months from the date on which it would otherwise have ceased to operate under this clause:
Provided further that if the dissolution of the House of the People takes place during any such period of six months and a resolution approving the continuance in force of such Proclamation has been passed by the Council of States but no resolution with respect to the continuance in force of such Proclamation has been passed by the House of the People during the said period, the Proclamation shall cease to operate at the expiration of thirty days from the date on which the House of the People first sits after its reconstitution unless before the expiration of the said period of thirty days, a resolution approving the continuance in force of the Proclamation has been also passed by the House of the People.
(6) For the purposes of clauses (4) and (5), a resolution may be passed by either House of Parliament only by a majority of the total membership of that House and by a majority of not less than two-thirds of the members of that House present and voting.
(7) Notwithstanding anything contained in the foregoing clauses, the President shall revoke a Proclamation issued under clause (1) or a Proclamation varying such Proclamation if the House of the People passes a resolution disapproving, or, as the case may be, disapproving the continuance in force of, such Proclamation.
(8) Where a notice in writing signed by not less than one-tenth of the total number of members of the House of the People has been given, of their intention to move a resolution for disapproving, or, as the case may be, for disapproving the continuance in force of, a Proclamation issued under clause (1) or a Proclamation varying such Proclamation,-
(a) to the Speaker, if the House is in session; or
(b) to the President, if the House is not in session,
a special sitting of the House shall be held within fourteen days from the date on which such notice is received by the Speaker, or, as the case may be, by the President, for the purpose of considering such resolution.";
(c) clause (4) shall be renumbered as clause (9) and in the clause as so renumbered, for the words "internal disturbance" in both the places where they occur, the words "armed rebellion" shall be substituted;
(d) clause (5) shall be omitted.
38. Amendment of article 356.-In article 356 of the Constitution,-
(a) in clause (4),-
(i) for the words, brackets and figure "one year from the date of the passing of the second of the resolutions approving the Proclamation under clause (3)", the words "six months from the date of issue of the Proclamation" shall be substituted;
(ii) in the first proviso, for the words "one year", the words "six months" shall be substituted;
(iii) in the second proviso, for the words "one year", the words "six months" shall be substituted;
(b) for clause (5), the following clause shall be substituted, namely:-
"(5) Notwithstanding anything contained in clause (4), a resolution with respect to the continuance in force of a Proclamation approved under clause (3) for any period beyond the expiration of one year from the date of issue of such Proclamation shall not be passed by either House of Parliament unless-
(a) a Proclamation of Emergency is in operation, in the whole of India or, as the case may be, in the whole or any part of the State, at the time of the passing of such resolution, and
(b) the Election Commission certifies that the continuance in force of the Proclamation approved under clause (3) during the period specified in such resolution is necessary on account of difficulties in holding general elections to the Legislative Assembly of the State concerned.".
39. Amendment of article 358.-Article 358 of the Constitution shall be renumbered as clause (1) of that article, and-
(a) in clause (1) as so renumbered,-
(i) in the opening portion, for the words "while a Proclamation of Emergency is in operation", the words "While a Proclamation of Emergency declaring that the security of India or any part of the territory thereof is treatened by war or by external aggression is in operation" shall be substituted;
(ii) in the proviso, for the words "where a Proclamation of Emergency", the words "where such Proclamation of Emergency" shall be substituted;
(b) after clause (1) as so renumbered, the following clause shall be inserted, namely:-
"(2) Nothing in clause (1) shall apply-
(a) to any law which does not contain a recital to the effect that such law is in relation to the Proclamation of Emergency in operation when it is made; or
(b) to any executive action taken otherwise than under a law containing such a recital.".
40. Amendment of article 359.-In article 359 of the Constitution,-
(a) in clauses (1) and (1A), for the words and figures "the rights conferred by Part III", the words, figures and brackets "the rights conferred by Part III (except articles 20 and 21)" shall be substituted;
(b) after clause (1A), the following clause shall be inserted, namely:-
"(1B) Nothing in clause (1A) shall apply-
(a) to any law which does not contain a recital to the effect that such law is in relation to the Proclamation of Emergency in operation when it is made; or
(b) to any executive action taken otherwise than under a law containing such a recital.".
41. Amendment of article 360.-In article 360 of the Constitution,-
(a) for clause (2), the following clause shall be substituted, namely:-
"(2) A Proclamation issued under clause (1)-
(a) may be revoked or varied by a subsequent Proclamation;
(b) shall be laid before each House of Parliament;
(c) shall cease to operate at the expiration of two months, unless before the expiration of that period it has been approved by resolutions of both Houses of Parliament:
Provided that if any such Proclamation is issued at a time when the House of the People has been dissolved or the dissolution of the House of the People takes place during the period of two months referred to in sub-clause (c), and if a resolution approving the Proclamation has been passed by the Council of States, but no resolution with respect to such Proclamation has been passed by the House of the People before the expiration of that period, the Proclamation shall cease to operate at the expiration of thirty days from the date on which the House of the People first sits after its reconstitution unless before the expiration of the said period of thirty days a resolution approving the Proclamation has been also passed by the House of the People.";
(b) clause (5) shall be omitted.
42. Insertion of new article 361A.-After article 361 of the Constitution, the following article shall be inserted, namely:-
`361A. Protection of publication of proceedings of Parliament and State Legislatures.-(1) No person shall be liable to any proceedings, civil or criminal, in any court in respect of the publication in a newspaper of a substantially true report of any proceedings of either House of Parliament or the Legislative Assembly, or, as the case may be, either House of the Legislature, of a State, unless the publication is proved to have been made with malice:
Provided that nothing in this clause shall apply to the publication of any report of the proceedings of a secret sitting of either House of Parliament or the Legislative Assembly, or, as the case may be, either House of the Legislature, of a State.
(2) Clause (1) shall apply in relation to reports or matters broadcast by means of wireless telegraphy as part of any programme or service provided by means of a broadcasting station as it applies in relation to reports or matters published in a newspaper.
Explanation.-In this article, "newspaper" includes a news agency report containing material for publication in a newspaper.'.
43. Amendment of article 371F.-In article 371F of the Constitution, in clause (c), for the words "six years", the words "five years" shall be substituted, and for the words "five years" in both the places where they occur, the words "four years" shall be substituted.
44. Amendment of the Ninth Schedule.- In the Ninth Schedule to the Constitution, entries 87, 92 and 130 shall be omitted.
45. Amendment of the Constitution (Forty-second Amendment) Act, 1976.- In the Constitution (Forty-second Amendment) Act, 1976, sections 18, 19, 21, 22, 31, 32, 34, 35, 58 and 59 shall be omitted.
Statement of Objects and Reasons appended to the Constitution (Forty-fifth Amendment) Bill, 1978 (Bill No. 88 of 1978) which was enacted as THE CONSTITUTION (Forty-fourth Amendment) Act, 1978
STATEMENT OF OBJECTS AND REASONS
Recents experience has shown that the fundamental rights, including those of life and liberty, granted to citizens by the Constitution are capable of being taken away by a transient majority. It is, therefore, necessary to provide adequate safeguards against the recurrence of such a contingency in the future and to ensure to the people themselves an effective voice in determining the form of government under which they are to live. This is one of the primary objects of this Bill.
2. It is, therefore, proposed to provide that certain changes in the Constitution which would have the effect of impairing its secular or democratic character, abridging or taking away fundamental rights prejudicing or impeding free and fair elections on the basis of adult suffrage and compromising the independence of judiciary, can be made only if they are approved by the people of India by a majority of votes at a referendum in which at least fifty-one per cent. of the electorate participate. Article 368 is being amended to ensure this.
3. In view of the special position sought to be given to fundamental rights, the right to property, which has been the occasion for more than one amendment of the Constitution, would cease to be a fundamental right and become only a legal right. Necessary amendments for this purpose are being made to article 19 and article 31 is being deleted. It would, however, be ensured that the removal of property from the list of fundamental rights would not affect the right of minorities to establish and administer educational institutions of their choice.
4. Similarly, the right of persons holding land for personal cultivation and within the ceiling limit to receive compensation at the market value would not be affected.
5. Property, while ceasing to be a fundamental right, would, however, be given express recognition as a legal right, provision being made that no person shall be deprived of his property save in accordance with law.
6. A Proclamation of Emergency under article 352 has virtually the effect of amending the Constitution by converting it for the duration into that of a Unitary State and enabling the rights of the citizen to move the courts for the enforcement of fundamental rights---including the right to life and liberty---to be suspended. Adequate safeguards are, therefore, necessary to ensure that this power is properly exercised and is not abused. It is, therefore, proposed that a Proclamation of Emergency can be issued only when the security of India or any part of its territory is threatened by war or external aggression or by armed rebellion. Internal disturbance not amounting to armed rebellion would not be a ground for the issue of a Proclamation.
7. Further, in order to ensure that a Proclamation is issued only after due consideration, it is sought to be provided that an Emergency can be proclaimed only on the basis of written advice tendered to the President by the Cabinet. In addition, as a Proclamation of Emergency virtually has the effect of amending the Constitution, it is being provided that the Proclamation would have to be approved by the two Houses of Parliament by the same majority which is necessary to amend the Constitution and such approval would have to be given within a period of one month. Any such Proclamation would be in force only for a period of six months and can be continued only by further resolutions passed by the same majority. The Proclamation would also cease to be in operation if a resolution disapproving the continuance of the Proclamation is passed by Lok Sabha. Ten per cent. or more of the Members of Lok Sabha can requisition a special meeting for considering a resolution for disapproving the Proclamation.
8. As a further check against the misuse of the Emergency provisions and to put the right to life and liberty on a secure footing, it would be provided that the power to suspend the right to move the court for the enforcement of a fundamental right cannot be exercised in respect of the fundamental right to life and liberty. The right to liberty is further strengthened by the provision that a law for preventive detention cannot authorise, in any case, detention for a longer period than two months, unless an Advisory Board has reported that there is sufficient cause for such detention. An additional safeguard would be provided by the requirement that the Chairman of an Advisory Board shall be a serving Judge of the appropriate High Court and that the Board shall be constituted in accordance with the recommendations of the Chief Justice of that High Court.
9. A special provision is being made guaranteeing the right of the media to report freely and without censorship the proceedings in Parliament and the State Legislatures. The provision with regard to the breakdown of the constitutional machinery in the States is being amended so as to provide that a Proclamation issued under article 356 would be in force only for a period of six months in the first instance and that it cannot exceed one year ordinarily. However, if a Proclamation of Emergency is in operation and the Election Commission certifies that the extension of the President's rule beyond a period of one year is necessary on account of difficulties in holding elections to the Legislative Assembly of the State concerned, the period of operation of the Proclamation can be extended beyond one year. This is subject to the existing limit of three years. These changes would ensure that democratic rule is restored to a State after the minimum period which will be necessary for holding elections.
10. With a view to avoiding delays, it is proposed to amend articles 132, 133 and 134 and insert a new article 134A to provide that a High Court should consider the question of granting a certificate for appeal to Supreme Court immediately after the delivery of the judgment, decree, final order or sentence concerned on the basis of an oral application by a party or, if the High Court deems fit so to do, on its own motion. Cases of special leave to appeal by Supreme Court will be left to be regulated exclusively by article 136.
11. The other amendments proposed in the Bill are mainly for removing or correcting the distortions which came into the Constitution by reason of amendments enacted during the period of the Internal Emergency.
12. The Bill seeks to achieve the above objects. The notes on clauses explain in detail the various provisions of the Bill.
NEW DELHI; SHANTI BHUSHAN.
The 9th May, 1978.
THE CONSTITUTION (FORTY-FOURTH AMENDMENT) ACT, 1978
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ARRANGEMENT OF SECTIONS
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SECTIONS
1. Short title and commencement.
2. Amendment of article 19.
3. Amendment of article 22.
4. Amendment of article 30.
5. Omission of sub-heading after article 30.
6. Omission of article 31.
7. Amendment of article 31A.
8. Amendment of article 31C.
9. Amendment of article 38.
10. Substitution of new article for article 71.
11. Amendment of article 74.
12. Amendment of article 77.
13. Amendment of article 83.
14. Substitution of new article for article 103.
15. Amendment of article 105.
16. Amendment of article 123.
17. Amendment of article 132.
18. Amendment of article 133.
19. Amendment of article 134.
20. Insertion of new article 134A.
21. Amendment of article 139A.
22. Amendment of article 150.
23. Amendment of article 166.
24. Amendment of article 172.
25. Substitution of new article for article 192.
26. Amendment of article 194.
27. Amendment of article 213.
28. Amendment of article 217.
29. Amendment of article 225.
30. Amendment of article 226.
31. Amendment of article 227.
32. Amendment of article 239B.
33. Omission of article 257A.
34. Insertion of new Chapter IV in Part XII.
35. Amendment of article 329.
36. Omission of article 329A.
37. Amendment of article 352.
38. Amendment of article 356.
39. Amendment of article 358.
40. Amendment of article 359.
41. Amendment of article 360.
42. Insertion of new article 361A.
43. Amendment of article 371F.
44. Amendment of the Ninth Schedule.
45. Amendment of THE CONSTITUTION (Forty-second Amendment) Act, 1976.
THE CONSTITUTION (FORTY-FOURTH AMENDMENT) ACT, 1978
[30th April, 1979.]
An Act further to amend the Constitution of India.
BE it enacted by Parliament in the Twenty-ninth Year of the Republic of India as follows:-
1. Short title and commencement.- (1) This Act may be called the Constitution (Forty-fourth Amendment) Act, 1978.
(2) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint and different dates may be appointed for different provisions of this Act.
2. Amendment of article 19.- In article 19 of the Constitution,-
(a) in clause (1),-
(i) in sub-clause (e), the word "and" shall be inserted at the end;
(ii) sub-clause (f) shall be omitted;
(b) in clause (5), for the words, brackets and letters "sub-clauses (d), (e) and (f)", the words, brackets and letters "sub-clauses (d) and (e)" shall be substituted.
3. Amendment of article 22.- In article 22 of the Constitution,-
(a) for clause (4), the following clause shall be substituted, namely:-
`(4) No law providing for preventive detention shall authorise the detention of a person for a longer period than two months unless an Advisory Board constituted in accordance with the recommendations of the Chief Justice of the appropriate High Court has reported before the expiration of the said period of two months that there is in its opinion sufficient cause for such detention:
Provided that an Advisory Board shall consist of a Chairman and not less than two other members, and the Chairman shall be a serving Judge of the appropriate High Court and the other members shall be serving or retired Judges of any High Court:
Provided further that nothing in this clause shall authorise the detention of any person beyond the maximum period prescribed by any law made by Parliament under sub-clause (a) of clause (7).
Explanation.-In this clause, "appropriate High Court" means,-
(i) in the case of the detention of a person in pursuance of an order of detention made by the Government of India or an officer or authority subordinate to that Government, the High Court for the Union territory of Delhi;
(ii) in the case of the detention of a person in pursuance of an order of detention made by the Government of any State (other than a Union territory), the High Court for that State; and
(iii) in the case of the detention of a person in pursuance of an order of detention made by the administrator of a Union territory or an officer or authority subordinate to such administrator, such High Court as may be specified by or under any law made by Parliament in this behalf.';
(b) in clause (7),-
(i) sub-clause (a) shall be omitted;
(ii) sub-clause (b) shall be re-lettered as sub-clause (a); and
(iii) sub-clause (c) shall be re-lettered as sub-clause (b) and in the sub-clause as so re-lettered, for the words, brackets, letter and figure "sub-clause (a) of clause (4)", the word,brackets and figure "clause (4)" shall be substituted.
4. Amendment of article 30.-In article 30 of the Constitution, after clause (1), the following clause shall be inserted, namely:-
"(1A) In making any law providing for the compulsory acquisition of any property of an educational institution established and administered by a minority, referred to in clause (1), the State shall ensure that the amount fixed by or determined under such law for the acquisition of such property is such as would not restrict or abrogate the right guaranteed under that clause.".
5. Omission of sub-heading after article 30.- The sub-heading "Right to Property" occurring after article 30 of the Constitution shall be omitted.
6. Omission of article 31.- Article 31 of the Constitution shall be omitted.
7. Amendment of article 31A.-In article 31A of the Constitution, in clause (1), for the words and figures "article 14, article 19 or article 31", the words and figures "article 14 or article 19" shall be substituted.
8. Amendment of article 31C.-In article 31C of the Constitution, for the words and figures "article 14, article 19 or article 31", the words and figures "article 14 or article 19" shall be substituted.
9. Amendment of article 38.-Article 38 of the Constitution shall be renumbered as clause (1) thereof and after the clause as so renumbered, the following clause shall be inserted, namely:-
"(2) The State shall, in particular, strive to minimise the inequalities in income, and endeavour to eliminate inequalities in status, facilities and opportunities, not only amongst individuals but also amongst groups of people residing in different areas or engaged in different vocations.".
10. Substitution of new article for article 71.-For article 71 of the Constitution, the following article shall be substituted, namely:-
"71. Matters relating to, or connected with, the election of a President or Vice-President.-(1) All doubts and disputes arising out of or in connection with the election of a President or Vice-Presinhi dent shall be inquired into and decided by the Supreme Court whose decision shall be final.
(2) If the election of a person as President or Vice-President is declared void by the Supreme Court, acts done by him in the exercise and performance of the powers and duties of the office of President or Vice-President, as the case may be, on or before the date of the decision of the Supreme Court shall not be invalidated by reason of that declaration.
(3) Subject to the provisions of this Constitution, Parliament may by law regulate any matter relating to or connected with the election of a President or Vice-President.
(4) The election of a person as President or Vice-President shall not be called in question on the ground of the existence of any vacancy for whatever reason among the members of the electoral college electing him.".
11. Amendment of article 74.-In article 74 of the Constitution, in clause (1), the following proviso shall be inserted at the end, namely:-
"Provided that the President may require the Council of Ministers to reconsider such advice, either generally or otherwise, and the President shall act in accordance with the advice tendered after such reconsideration.".
12. Amendment of article 77.-In article 77 of the Constitution, clause (4) shall be omitted.
13. Amendment of article 83.-(1) In article 83 of the Constitution, in clause (2), for the words "six years" in both the places where they occur, the words "five years" shall be substituted.
(2) The amendments made by sub-section (1) to clause (2) of article 83 shall apply also to the House of the People in existence on the date of coming into force of this section without prejudice to the power of Parliament with respect to the extension of the duration of that House under the proviso to that clause.
14. Substitution of new article for article 103.- For article 103 of the Constitution, the following article shall be substituted, namely:-
"103. Decision on questions as to disqualifications of members.-(1) If any question arises as to whether a member of either House of Parliament has become subject to any of the disqualifications mentioned in clause (1) of article 102, the question shall be referred for the decision of the President and his decision shall be final.
(2) Before giving any decision on any such question, the President shall obtain the opinion of the Election Commission and shall act according to such opinion.".
15. Amendment of article 105.-In article 105 of the Constitution, in clause (3), for the words "shall be those of the House of Commons of the Parliament of the United Kingdom, and of its members and committees, at the commencement of this Constitution", the words, figures and brackets "shall be those of that House and of its members and committees immediately before the coming into force of section 15 of the Constitution (Forty-fourth Amendment) Act, 1978" shall be substituted.
16. Amendment of article 123.-In article 123 of the Constitution, clause (4) shall be omitted.
17. Amendment of article 132.-In article 132 of the Constitution,-
(a) in clause (1), for the words "if the High Court certifies", the words, figures and letter "if the High Court certifies under article 134A" shall be substituted;
(b) clause (2) shall be omitted;
(c) in clause (3), the words "or such leave is granted," and the words "and, with the leave of the Supreme Court, on any other ground" shall be omitted.
18. Amendment of article 133.-In article 133 of the Constitution, in clause (1), for the words "if the High Court certifies-", the words, figures and letter "if the High Court certifies under article 134A-" shall be substituted.
19. Amendment of article 134.-In article 134 of the Constitution, in sub-clause (c) of clause (1), for the word "certifies", the words, figures and letter "certifies under article 134A" shall be substituted.
20. Insertion of new article 134A.- After article 134 of the Constitution, the following article shall be inserted, namely:-
"134A. Certificate for appeal to the Supreme Court.- Every High Court, passing or making a judgment, decree, final order, or sentence, referred to in clause (1) of article 132 or clause (1) of article 133, or clause (1) of article 134,-
(a) may, if it deems fit so to do, on its own motion; and
(b) shall, if an oral application is made, by or on behalf of the party aggrieved, immediately after the passing or making of such judgment, decree, final order or sentence, determine, as soon as may be after such passing or making, the question whether a certificate of the nature referred to in clause (1) of article 132, or clause (1) of article 133 or, as the case may be sub-clause (c) of clause (1) of article 134, may be given in respect of that case.".
21. Amendment of article 139A.-In article 139A of the Constitution, for clause (1), the following clause shall be substituted, namely:-
"(1) Where cases involving the same or substantially the same questions of law are pending before the Supreme Court and one or more High Courts or before two or more High Courts and the Supreme Court is satisfied on its own motion or on an application made by the Attorney-General of India or by a party to any such case that such questions are substantial questions of general importance, the Supreme Court may withdraw the case or cases pending before the High Court or the High Courts and dispose of all the cases itself:
Provided that the Supreme Court may after determining the said questions of law return any case so withdrawn together with a copy of its judgment on such questions to the High Court from which the case has been withdrawn, and the High Court shall on receipt thereof, proceed to dispose of the case in conformity with such judgment.".
22. Amendment of article 150.-In article 150 of the Constitution, for the words "after consultation with", the words "on the advice of" shall be substituted.
23. Amendment of article 166.-In article 166 of the Constitution, clause (4) shall be omitted.
24. Amendment of article 172.-(1) In article 172 of the Constitution, in clause (1), for the words "six years" in both the places where they occur, the words "five years" shall be substituted.
(2) The amendments made by sub-section (1) to clause (1) of article 172-
(a) shall not apply to any existing State Legislative Assembly the period of existence whereof as computed from the date appointed for its first meeting to the date of coming into force of this section (both dates inclusive) is more than four years and eight months but every such Assembly shall, unless sooner dissolved, stand dissolved on the expiry of-
(i) a period of four months from the date of coming into force of this section; or
(ii) a period of six years from the date appointed for its first meeting, whichever period expires earlier;
(b) shall apply to every other existing State Legislative Assembly without prejudice to the power of Parliament with respect to the extension of duration of such Assembly under the proviso to the said clause (1).
Explanation I.-In its application to the Legislative Assembly of the State of Sikkim referred to in clause (b) of article 371F of the Constitution, this sub-section shall have effect as if-
(i) the date appointed for the first meeting of that Assembly were the 26th day of April, 1975; and
(ii) the references in clause (a) of this sub-section to "four years and eight months" and "six years" were references to "three years and eight months" and "five years" respectively.
Explanation II.-In this sub-section, "existing State Legislative Assembly" means the Legislative Assembly of a State in existence on the date of coming into force of this section.
25. Substitution of new article for article 192.-For article 192 of the Constitution, the following article shall be substituted, namely:-
"192. Decision on questions as to disqualifications of members.-(1) If any question arises as to whether a member of a House of the Legislature of a State has become subject to any of the disqualifications mentioned in clause (1) of article 191, the question shall be referred for the decision of the Governor and his decision shall be final.
(2) Before giving any decision on any such question, the Governor shall obtain the opinion of the Election Commission and shall act according to such opinion.".
26. Amendment of article 194.-In article 194 of the Constitution, in clause (3), for the words "shall be those of the House of Commons of the Parliament of the United Kingdom, and of its members and committees, at the commencement of this Constitution", the words, figures and brackets "shall be those of that House and of its members and committees immediately before the coming into force of section 26 of the Constitution (Forty-fourth Amendment) Act, 1978" shall be substituted.
27. Amendment of article 213.-In article 213 of the Constitution, clause (4) shall be omitted.
28. Amendment of article 217.-In article 217 of the Constitution, in clause (2),-
(a) in sub-clause (b), the word "or" occurring at the end shall be omitted;
(b) sub-clause (c) shall be omitted;
(c) in the Explanation, clause (a) shall be re-lettered as clause (aa) and before clause (aa) as so re-lettered, the following shall be inserted, namely:-
"(a) in computing the period during which a person has held judicial office in the territory of India, there shall be included any period, after he has held any judicial office, during which the person has been an advocate of a High Court or has held the office of a member of a tribunal or any post, under the Union or a State, requiring special knowledge of law;".
29. Amendment of article 225.-In article 225 of the Constitution, the following proviso shall be inserted at the end, namely:-
"Provided that any restriction to which the exercise of original jurisdiction by any of the High Courts with respect to any matter concerning the revenue or concerning any act ordered or done in the collection thereof was subject immediately before the commencement of this Constitution shall no longer apply to the exercise of such jurisdiction.".
30. Amendment of article 226.-In article 226 of the Constitution,-
(a) in clause (1), for the portion beginning with the words "writs in the nature of habeas corpus, mandamus, prohibition, quo warranto and certiorari, or any of them" and ending with the words "such illegality has resulted in substantial failure of justice.", the following shall be substituted, namely:-
"writs in the nature of habeas corpus, mandamus, prohibition, quo warranto and certiorari, or any of them, for the enforcement of any of the rights conferred by Part III and for any other purpose.";
(b) for clauses (3), (4), (5) and (6), the following clause shall be substituted, namely:-
"(3) Where any party against whom an interim order, whether by way of injunction or stay or in any other manner, is made on, or in any way proceedings relating to, a petition under clause (1), without-
(a) furnishing to such party copies of such petition and all documents in support of the plea for such interim order; and
(b) giving such party an opportunity of being heard, makes an application to the High Court for the vacation of such order and furnishes a copy of such application to the party in whose favour such order has been made or the counsel of such party, the High Court shall dispose of the application within a period of two weeks from the date on which it is received or from the date on which the copy of such application is so furnished, whichever is later, or where the High Court is closed on the last day of that period, before the expiry of the next day afterwards on which the High Court is open; and if the application is not so disposed of, the interim order shall, on the expiry of that period, or, as the case may be, the expiry of the said next day, stand vacated.";
(c) clause (7) shall be renumbered as clause (4).
31. Amendment of article 227.- In article 227 of the Constitution,-
(a) for clause (1), the following clause shall be substituted, namely:-
"(1) Every High Court shall have superintendence over all courts and tribunals throughout the territories in relation to which it exercises jurisdiction.";
(b) clause (5) shall be omitted.
32. Amendment of article 239B.-In article 239B of the Constitution, clause (4) shall be omitted.
33. Omission of article 257A.-Article 257A of the Constitution shall be omitted.
34. Insertion of new Chapter IV in Part XII.-In Part XII of the Constitution, after Chapter III, the following Chapter shall be inserted, namely:-
"CHAPTER IV.-RIGHT TO PROPERTY
300A. Persons not to be deprived of property save by authority of law.-No person shall be deprived of his property save by authority of law.".
35. Amendment of article 329.-In article 329 of the Constitution, in the opening portion, the words, figures and letter "but subject to the provisions of article 329A" shall be omitted.
36. Omission of article 329A.-Article 329A of the Constitution shall be omitted.
37. Amendment of article 352.- In article 352 of the Constitution,-
(a) in clause (1),-
(i) for the words "internal disturbance", the words "armed rebellion" shall be substituted;
(ii) the following Explanation shall be inserted at the end, namely:-
"Explanation.-A Proclamation of Emergency declaring that the security of India or any part of the territory thereof is threatened by war or by external aggression or by armed rebellion may be made before the actual occurrence of war or of any such aggression or rebellion, if the President is satisfied that there is imminent danger thereof.";
(b) for clauses (2), (2A) and (3), the following clauses shall be substituted, namely:-
"(2) A Proclamation issued under clause (1) may be varied or revoked by a subsequent Proclamation.
(3) The President shall not issue a Proclamation under clause (1) or a Proclamation varying such Proclamation unless the decision of the Union Cabinet (that is to say, the Council consisting of the Prime Minister and other Ministers of Cabinet rank appointed under article 75) that such a Proclamation may be issued has been communicated to him in writing.
(4) Every Proclamation issued under this article shall be laid before each House of Parliament and shall, except where it is a Proclamation revoking a previous Proclamation, cease to operate at the expiration of one month unless before the expiration of that period it has been approved by resolutions of both Houses of Parliament:
Provided that if any such Proclamation (not being a Proclamation revoking a previous Proclamation) is issued at a time when the House of the People has been dissolved, or the dissolution of the House of the People takes place during the period of one month referred to in this clause, and if a resolution approving the Proclamation has been passed by the Council of States, but no resolution with respect to such Proclamation has been passed by the House of the People before the expiration of that period, the Proclamation shall cease to operate at the expiration of thirty days from the date on which the House of the People first sits after its reconstitution, unless before the expiration of the said period of thirty days a resolution approving the Proclamation has been also passed by the House of the People.
(5) A Proclamation so approved shall, unless revoked, cease to operate on the expiration of a period of six months from the date of the passing of the second of the resolutions approving the Proclamation under clause (4):
Provided that if and so often as a resolution approving the continuance in force of such a Proclamation is passed by both Houses of Parliament the Proclamation shall, unless revoked, continue in force for a further period of six months from the date on which it would otherwise have ceased to operate under this clause:
Provided further that if the dissolution of the House of the People takes place during any such period of six months and a resolution approving the continuance in force of such Proclamation has been passed by the Council of States but no resolution with respect to the continuance in force of such Proclamation has been passed by the House of the People during the said period, the Proclamation shall cease to operate at the expiration of thirty days from the date on which the House of the People first sits after its reconstitution unless before the expiration of the said period of thirty days, a resolution approving the continuance in force of the Proclamation has been also passed by the House of the People.
(6) For the purposes of clauses (4) and (5), a resolution may be passed by either House of Parliament only by a majority of the total membership of that House and by a majority of not less than two-thirds of the members of that House present and voting.
(7) Notwithstanding anything contained in the foregoing clauses, the President shall revoke a Proclamation issued under clause (1) or a Proclamation varying such Proclamation if the House of the People passes a resolution disapproving, or, as the case may be, disapproving the continuance in force of, such Proclamation.
(8) Where a notice in writing signed by not less than one-tenth of the total number of members of the House of the People has been given, of their intention to move a resolution for disapproving, or, as the case may be, for disapproving the continuance in force of, a Proclamation issued under clause (1) or a Proclamation varying such Proclamation,-
(a) to the Speaker, if the House is in session; or
(b) to the President, if the House is not in session,
a special sitting of the House shall be held within fourteen days from the date on which such notice is received by the Speaker, or, as the case may be, by the President, for the purpose of considering such resolution.";
(c) clause (4) shall be renumbered as clause (9) and in the clause as so renumbered, for the words "internal disturbance" in both the places where they occur, the words "armed rebellion" shall be substituted;
(d) clause (5) shall be omitted.
38. Amendment of article 356.-In article 356 of the Constitution,-
(a) in clause (4),-
(i) for the words, brackets and figure "one year from the date of the passing of the second of the resolutions approving the Proclamation under clause (3)", the words "six months from the date of issue of the Proclamation" shall be substituted;
(ii) in the first proviso, for the words "one year", the words "six months" shall be substituted;
(iii) in the second proviso, for the words "one year", the words "six months" shall be substituted;
(b) for clause (5), the following clause shall be substituted, namely:-
"(5) Notwithstanding anything contained in clause (4), a resolution with respect to the continuance in force of a Proclamation approved under clause (3) for any period beyond the expiration of one year from the date of issue of such Proclamation shall not be passed by either House of Parliament unless-
(a) a Proclamation of Emergency is in operation, in the whole of India or, as the case may be, in the whole or any part of the State, at the time of the passing of such resolution, and
(b) the Election Commission certifies that the continuance in force of the Proclamation approved under clause (3) during the period specified in such resolution is necessary on account of difficulties in holding general elections to the Legislative Assembly of the State concerned.".
39. Amendment of article 358.-Article 358 of the Constitution shall be renumbered as clause (1) of that article, and-
(a) in clause (1) as so renumbered,-
(i) in the opening portion, for the words "while a Proclamation of Emergency is in operation", the words "While a Proclamation of Emergency declaring that the security of India or any part of the territory thereof is treatened by war or by external aggression is in operation" shall be substituted;
(ii) in the proviso, for the words "where a Proclamation of Emergency", the words "where such Proclamation of Emergency" shall be substituted;
(b) after clause (1) as so renumbered, the following clause shall be inserted, namely:-
"(2) Nothing in clause (1) shall apply-
(a) to any law which does not contain a recital to the effect that such law is in relation to the Proclamation of Emergency in operation when it is made; or
(b) to any executive action taken otherwise than under a law containing such a recital.".
40. Amendment of article 359.-In article 359 of the Constitution,-
(a) in clauses (1) and (1A), for the words and figures "the rights conferred by Part III", the words, figures and brackets "the rights conferred by Part III (except articles 20 and 21)" shall be substituted;
(b) after clause (1A), the following clause shall be inserted, namely:-
"(1B) Nothing in clause (1A) shall apply-
(a) to any law which does not contain a recital to the effect that such law is in relation to the Proclamation of Emergency in operation when it is made; or
(b) to any executive action taken otherwise than under a law containing such a recital.".
41. Amendment of article 360.-In article 360 of the Constitution,-
(a) for clause (2), the following clause shall be substituted, namely:-
"(2) A Proclamation issued under clause (1)-
(a) may be revoked or varied by a subsequent Proclamation;
(b) shall be laid before each House of Parliament;
(c) shall cease to operate at the expiration of two months, unless before the expiration of that period it has been approved by resolutions of both Houses of Parliament:
Provided that if any such Proclamation is issued at a time when the House of the People has been dissolved or the dissolution of the House of the People takes place during the period of two months referred to in sub-clause (c), and if a resolution approving the Proclamation has been passed by the Council of States, but no resolution with respect to such Proclamation has been passed by the House of the People before the expiration of that period, the Proclamation shall cease to operate at the expiration of thirty days from the date on which the House of the People first sits after its reconstitution unless before the expiration of the said period of thirty days a resolution approving the Proclamation has been also passed by the House of the People.";
(b) clause (5) shall be omitted.
42. Insertion of new article 361A.-After article 361 of the Constitution, the following article shall be inserted, namely:-
`361A. Protection of publication of proceedings of Parliament and State Legislatures.-(1) No person shall be liable to any proceedings, civil or criminal, in any court in respect of the publication in a newspaper of a substantially true report of any proceedings of either House of Parliament or the Legislative Assembly, or, as the case may be, either House of the Legislature, of a State, unless the publication is proved to have been made with malice:
Provided that nothing in this clause shall apply to the publication of any report of the proceedings of a secret sitting of either House of Parliament or the Legislative Assembly, or, as the case may be, either House of the Legislature, of a State.
(2) Clause (1) shall apply in relation to reports or matters broadcast by means of wireless telegraphy as part of any programme or service provided by means of a broadcasting station as it applies in relation to reports or matters published in a newspaper.
Explanation.-In this article, "newspaper" includes a news agency report containing material for publication in a newspaper.'.
43. Amendment of article 371F.-In article 371F of the Constitution, in clause (c), for the words "six years", the words "five years" shall be substituted, and for the words "five years" in both the places where they occur, the words "four years" shall be substituted.
44. Amendment of the Ninth Schedule.- In the Ninth Schedule to the Constitution, entries 87, 92 and 130 shall be omitted.
45. Amendment of the Constitution (Forty-second Amendment) Act, 1976.- In the Constitution (Forty-second Amendment) Act, 1976, sections 18, 19, 21, 22, 31, 32, 34, 35, 58 and 59 shall be omitted.
Wednesday, December 1, 2010
Batch XXVIII RESULTS (INCOMPLETE)
Batch XXVIII incomplete RESULTS
SL.NO Name State / UT Marks Grade
1 Mr. RAJESH KUMAR MEHTANI Uttar Pradesh 80 A
2 Mr. SP MOHAN Tamil Nadu 50 C
3 Mr. AJAY SINGH Chhattisgarh 75 B
4 Ms. BINDISHA SARANG Maharashtra 15 NOT QUALIFIED
5 Mr. VIKAS BHATIA Punjab 45 NOT QUALIFIED
6 Mr. AMEYA MARDOLKAR Goa 50 C
7 Mr. UPENDRA SINGH Tamil Nadu 30 NOT QUALIFIED
8 Mr. AMIT MISHRA Uttaranchal 25 NOT QUALIFIED
9 Mr. V NAGA YATENDRA BABU G Andhra Pradesh 40 NOT QUALIFIED
10 Mr. B NAVEEN KUMAR Andhra Pradesh 25 NOT QUALIFIED
11 Mr. AMBADAS UNDE Maharashtra 100 A
12 Mr. ANIL TYAGI Uttar Pradesh 40 NOT QUALIFIED
13 Mr. FRANCIS DSOUZA Maharashtra 35 NOT QUALIFIED
14 Mr. KOTHA RAMA MOHAN RAO Andhra Pradesh 100 A
15 Mr. DEEPAK WADHWA Haryana 80 A
16 Mr. PRAVEER RAAJ Delhi (UT) 80 A
17 Mr. SANJAY SINGH Uttar Pradesh 70 B
18 Mr. SUDEEP TALAPANENI Andhra Pradesh 95 A
19 Mr. SIVAPRAKASH Viruthagiri Tamil Nadu 75 B
20 Mr. ABHIMANYU KUMAR Bihar 85 A
21 Ms. HARSHA RAJWANSHI Uttar Pradesh 100 A
22 Ms. BHAWNA KUMARI Uttar Pradesh 30 NOT QUALIFIED
23 Mr. MAYANK PERIWAL Punjab 80 A
24 Mr. ROHANKUMAR PATEL Gujarat 60 B
25 Mr. MAYUR PAHADE Maharashtra 20 NOT QUALIFIED
26 Mrs. RAJESWARI RAMANATHAN Tamil Nadu 35 NOT QUALIFIED
27 Mr. HARSH CHAUHAN Delhi (UT) 65 B
28 Mr. HITESH PANDYA Maharashtra 90 A
29 Mr. RAHUL ANAND Goa 85 A
30 Ms. KRITHIKA SUNDARARAMAN Maharashtra 90 A
31 Mr. AMANDEEP SINGH Uttar Pradesh 95 A
32 Mr. ABHISHEK GUPTA Uttar Pradesh 25 NOT QUALIFIED
33 Mr. PAVAN KUMAR GAJAVALLI Andhra Pradesh 70 B
34 Mr. MAYANK RANA Uttar Pradesh 40 NOT QUALIFIED
35 Mr. VIBHUTI RAI BHATNAGAR Uttar Pradesh 65 B
36 Mr. PEEYUSH KUMAR Chhattisgarh 85 A
37 Mr. ARUN BANSAL Chandigarh (UT) 100 A
38 Mr. SRINIVASAN S Tamil Nadu 55 C
39 Mr. MOHAMMAD BILAL AZMI Uttar Pradesh 10 NOT QUALIFIED
40 Mr. ANSARI MUHAMMAD SAHEB E ALAM Uttar Pradesh 10 NOT QUALIFIED
41 Mr. RAJ SINGHAL Rajasthan 65 B
42 Mr. LAKHPAT RAJ MEHTA Rajasthan 60 B
43 Mr. VIVEK BADWAIK Maharashtra 90 A
44 Mr. RAHUL SHRIVASTAVA Uttar Pradesh 35 NOT QUALIFIED
45 Mr. SHIVLAL NETHIKAR Andhra Pradesh 60 B
46 Mr. MOHAMMAD SAJID FEHZAN Chhattisgarh 15 NOT QUALIFIED
47 Mr. PRASHANT KUCHEKAR Maharashtra 20 NOT QUALIFIED
48 Mr. ANKUR SHARMA Uttar Pradesh 35 NOT QUALIFIED
49 Mr. VISHAL NAIK Goa 25 NOT QUALIFIED
50 Mr. RAJESHKUMAR PEDHADIYA Haryana 50 C
51 Mr. PIYUSH AKHAJA Haryana 0 NOT QUALIFIED
THE PUBLICATION OF FINAL RESULT IS UNDER PROCESS AND THE COMPLETE AND FINAL RESULT FOR THE BATCH XXVIII WILL BE DISPLAYED ON THE OFFICIAL web site SOON.
SL.NO Name State / UT Marks Grade
1 Mr. RAJESH KUMAR MEHTANI Uttar Pradesh 80 A
2 Mr. SP MOHAN Tamil Nadu 50 C
3 Mr. AJAY SINGH Chhattisgarh 75 B
4 Ms. BINDISHA SARANG Maharashtra 15 NOT QUALIFIED
5 Mr. VIKAS BHATIA Punjab 45 NOT QUALIFIED
6 Mr. AMEYA MARDOLKAR Goa 50 C
7 Mr. UPENDRA SINGH Tamil Nadu 30 NOT QUALIFIED
8 Mr. AMIT MISHRA Uttaranchal 25 NOT QUALIFIED
9 Mr. V NAGA YATENDRA BABU G Andhra Pradesh 40 NOT QUALIFIED
10 Mr. B NAVEEN KUMAR Andhra Pradesh 25 NOT QUALIFIED
11 Mr. AMBADAS UNDE Maharashtra 100 A
12 Mr. ANIL TYAGI Uttar Pradesh 40 NOT QUALIFIED
13 Mr. FRANCIS DSOUZA Maharashtra 35 NOT QUALIFIED
14 Mr. KOTHA RAMA MOHAN RAO Andhra Pradesh 100 A
15 Mr. DEEPAK WADHWA Haryana 80 A
16 Mr. PRAVEER RAAJ Delhi (UT) 80 A
17 Mr. SANJAY SINGH Uttar Pradesh 70 B
18 Mr. SUDEEP TALAPANENI Andhra Pradesh 95 A
19 Mr. SIVAPRAKASH Viruthagiri Tamil Nadu 75 B
20 Mr. ABHIMANYU KUMAR Bihar 85 A
21 Ms. HARSHA RAJWANSHI Uttar Pradesh 100 A
22 Ms. BHAWNA KUMARI Uttar Pradesh 30 NOT QUALIFIED
23 Mr. MAYANK PERIWAL Punjab 80 A
24 Mr. ROHANKUMAR PATEL Gujarat 60 B
25 Mr. MAYUR PAHADE Maharashtra 20 NOT QUALIFIED
26 Mrs. RAJESWARI RAMANATHAN Tamil Nadu 35 NOT QUALIFIED
27 Mr. HARSH CHAUHAN Delhi (UT) 65 B
28 Mr. HITESH PANDYA Maharashtra 90 A
29 Mr. RAHUL ANAND Goa 85 A
30 Ms. KRITHIKA SUNDARARAMAN Maharashtra 90 A
31 Mr. AMANDEEP SINGH Uttar Pradesh 95 A
32 Mr. ABHISHEK GUPTA Uttar Pradesh 25 NOT QUALIFIED
33 Mr. PAVAN KUMAR GAJAVALLI Andhra Pradesh 70 B
34 Mr. MAYANK RANA Uttar Pradesh 40 NOT QUALIFIED
35 Mr. VIBHUTI RAI BHATNAGAR Uttar Pradesh 65 B
36 Mr. PEEYUSH KUMAR Chhattisgarh 85 A
37 Mr. ARUN BANSAL Chandigarh (UT) 100 A
38 Mr. SRINIVASAN S Tamil Nadu 55 C
39 Mr. MOHAMMAD BILAL AZMI Uttar Pradesh 10 NOT QUALIFIED
40 Mr. ANSARI MUHAMMAD SAHEB E ALAM Uttar Pradesh 10 NOT QUALIFIED
41 Mr. RAJ SINGHAL Rajasthan 65 B
42 Mr. LAKHPAT RAJ MEHTA Rajasthan 60 B
43 Mr. VIVEK BADWAIK Maharashtra 90 A
44 Mr. RAHUL SHRIVASTAVA Uttar Pradesh 35 NOT QUALIFIED
45 Mr. SHIVLAL NETHIKAR Andhra Pradesh 60 B
46 Mr. MOHAMMAD SAJID FEHZAN Chhattisgarh 15 NOT QUALIFIED
47 Mr. PRASHANT KUCHEKAR Maharashtra 20 NOT QUALIFIED
48 Mr. ANKUR SHARMA Uttar Pradesh 35 NOT QUALIFIED
49 Mr. VISHAL NAIK Goa 25 NOT QUALIFIED
50 Mr. RAJESHKUMAR PEDHADIYA Haryana 50 C
51 Mr. PIYUSH AKHAJA Haryana 0 NOT QUALIFIED
THE PUBLICATION OF FINAL RESULT IS UNDER PROCESS AND THE COMPLETE AND FINAL RESULT FOR THE BATCH XXVIII WILL BE DISPLAYED ON THE OFFICIAL web site SOON.
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