ENGLISH SHORTHAND DICTATION-422

 

The concept of “One Nation, One Election” has recently gained traction in India, with the government and political leaders alike debating the merits, demerits and challenges of holding national and state elections together. The concept of ‘One Nation, One Election’ advocates for conducting Lok Sabha elections and state assemblies’ elections together, thereby creating a unified election cycle. The idea, first floated in India during the early years of independence, has evolved over a period of time into a topic of serious political debate. Proponents of this concept argue that ‘One Nation, One Election’ could lead to cost-saving, greater administrative efficiency,¹⁰⁰ and political stability, while critics warn that it could destroy the federal structure of the country, marginalize regional parties, and¹²⁰ reduce voter engagement.

The roots of the One Nation, One Election concept can be traced back to the early years of India’s independence. The first general elections, held in 1952, were conducted together with state elections. This system continued until the 1960s, when it started to unravel due to the frequent dissolution of state assemblies and changes in the political landscape at the state level. Over time, elections at the national and state levels began to occur at different times,²⁰⁰ creating a situation where elections were being held almost every year somewhere in the country.

Despite this shift, the idea of holding simultaneous elections has remained a topic of debate. The Law Commission of India, in its 1999 report, and²⁴⁰ various other committees have recommended exploring the possibility of ‘One Nation, One Election’. However, the challenge lies in how to coordinate the different electoral cycles of 28 states and 8 Union Territories, each with its own political dynamics and electoral requirements.

The idea of ‘One Nation, One Election’ is often presented as a solution to various issues that have become³⁰⁰ ingrained in the Indian electoral system over the years. Those who are in favour of this proposal make some key arguments. First, elections are an expensive affair. In India, holding elections means significant financial costs incurred on polling booths, security forces, administrative resources, and electoral staff. Holding simultaneous elections can lead to huge cost savings. It could also result in³⁶⁰ fewer instances of violence and administrative strain.

In the current system, elections are held almost every year, with politicians being engaged in perpetual campaigning. This detracts from the ability of public representatives to focus on governance and development work. If⁴⁰⁰ national and state elections are held together, there will be reduction in the frequency of elections and governments will have more time for policy implementation.

The idea of simultaneous elections is often associated with the potential for greater political stability. If we adopt this system, it could lead to stronger mandates for political parties, especially the ruling party, as their national and state-level performance could be evaluated at the same time. This, in turn, could reduce the frequency of mid-term⁴⁸⁰ elections and changes in government.

By reducing the electoral cycle, public representatives and political parties may be able to shift⁵⁰⁰ their focus away from elections and towards long-term governance. Governments could focus on implementing policies, improving governance, and addressing the needs of the electorate.

‘One Nation, One Election’ could increase voter engagement by providing a clear and straightforward electoral process. Voters would only need to cast their votes once for both national and state elections, making the process simple and encouraging higher turnout.

While ‘One Nation, One Election’ presents several advantages, it also raises a host of challenges and concerns. India has a federal structure where power is divided between the central government and the states. The simultaneous elections could⁶⁰⁰ erode the autonomy of state governments, as local issues and regional dynamics may get ignored by national politics. Regional parties, which often play a significant role in state elections, could struggle to maintain relevance in simultaneous elections.

India is home to a vast and diverse political landscape. The dominance of national parties could marginalize regional parties, whose success depends heavily on state-specific issues. In simultaneous elections, national parties may benefit from greater visibility, making it harder for regional players to garner support based on their local issues.

Implementing simultaneous elections across India’s vast expanse would be a logistical nightmare. India⁷⁰⁰ is a country with over 900 million eligible voters, spread across diverse terrains, languages, and cultures. Managing an election process⁷²⁰ with such a large electorate would require extraordinary levels of planning, coordination, and mobilization of resources. Moreover, it would be difficult to ensure the security of elections. In case of a failure in conducting simultaneous elections due to logistical issues or a delay in one region, the entire election process could be delayed, disrupting governance. A delay in the election of the state assembly could result in a situation where governance is impacted for an extended period, potentially leading to⁸⁰⁰ a constitutional crisis.

Although ‘One Nation, One Election’ could lead to higher voter engagement, the reality may be more complicated. Elections in India often see disparities in voter turnout between national and state elections. If both the elections are held⁸⁴⁰ together, some voters may become disillusioned or overwhelmed by the scale of the voting process, possibly leading to lower turnout in some regions.

For ‘One Nation, One Election’ to become a reality, certain steps must be taken to address the challenges. The Indian Constitution would need to be amended to allow for the simultaneous elections. This would involve changes to⁹⁰⁰ the term of state assemblies and the Lok Sabha to ensure that elections can be held together. While ‘One Nation, One Election’ may lead to national parties dominating the political discourse, measures must be put in place to ensure that state elections retain their independence. This could include increasing the representation of regional parties at the national level and⁹⁶⁰ creating systems to ensure that local issues are given due importance.

The implementation of ‘One Nation, One Election’ would require a broad political consensus. Political parties must work together to design a system that is beneficial for all stakeholders, including¹⁰⁰⁰ voters, public representatives, and political parties of all sizes. India’s electoral infrastructure would need a complete overhaul to handle the combined elections. This would include better voter education, improved voting systems, and an enhanced security apparatus.

As India transitions towards “One Nation, One Election”, it is crucial to ensure that voters are educated about the significance of the new electoral system. Political parties should use this time to help voters understand the relationship between national and state-level issues and encourage¹⁰⁸⁰ informed voting. The concept of “One Nation, One Election” has the potential to transform the Indian political landscape, offering benefits¹¹⁰⁰ like reduced costs, improved governance, and political stability. However, the implementation of such a system poses significant challenges, particularly with regard to preserving India’s federal structure, ensuring equitable representation of regional parties, and managing the logistics of these elections.¹¹³⁹

 

ENGLISH SHORTHAND DICTATION-410

 

The learned counsel for the appellant invited our attention to the fact that the decision in the case of Madhya Pradesh Rural Road Development Authority was rendered nearly four years after the date of the award. However, in paragraph 17 of the said decision, this Court observed that if an award is already made by the Arbitrator and if the objection to the jurisdiction of the Arbitrator was not raised at an appropriate stage, the award may not be annulled only on that ground. The learned counsel submitted that the respondents did not challenge the order passed by the High¹⁰⁰ Court under Section 11(6) of the Arbitration Act. The objection regarding the jurisdiction of the arbitration was raised only in¹²⁰ the written submissions. He would, therefore, submit that the award could not have been set aside based on the decision of this Court.

The learned counsel for the respondents submitted that, as seen from the award, a contention was raised in the written statement filed before the Arbitrator that the appellant should have taken recourse to Section 7 of the 1983 Act. Therefore, the dispute was raised at the appropriate stage, and hence, paragraph 17 of the decision in the²⁰⁰ case of Madhya Pradesh Rural Road Development Authority will have no application.

A few factual aspects will have to be noted. After the contract granted to the appellant was rescinded, the appellant invoked Section 7 of the 1983 Act by²⁴⁰ approaching the Arbitration Tribunal. By the order dated 19th April 2010, the Arbitration Tribunal held that in view of the arbitration clause in the contract, the 1983 Act will have no application and the appellant will have to take recourse to the Arbitration Act.

In view of this order, the appellant invoked the jurisdiction of the High Court under Section³⁰⁰ 11(6) of the Arbitration Act by filing a petition for the appointment of an Arbitrator. The order dated 22nd July 2011 passed by the High Court on the said petition shows that the respondents' opposition was only on the merits of the claim. The objection based on the applicability of the 1983 Act was not raised.

The respondents did not³⁶⁰ challenge the order of appointment of the Arbitrator passed by the High Court under Section 11(6) of the Arbitration Act. Even before the learned Arbitrator, Section 16(1) of the Arbitration Act was not invoked to raise the jurisdiction issue. However, ⁴⁰⁰ in the written statement filed before the Arbitrator, the contention regarding the applicability of the 1983 Act was raised.

Now, coming to the decision of this Court in the case of Madhya Pradesh Rural Road Development Authority, after considering the provisions of the 1983 Act and the Arbitration Act, in the light of Section 2(4) of the Arbitration Act, this Court held that although there was an arbitration clause, the 1983 Act would apply. As noted earlier, in the facts⁴⁸⁰ of the case, before taking recourse to the Arbitration Act, the appellant had taken recourse to Section 7 of the⁵⁰⁰ 1983 Act. The order of the Arbitration Tribunal, holding that the Arbitration Act will apply, led the appellant to file a petition under Section 11(6) of the Arbitration Act, which was not objected to on the grounds of the applicability of the 1983 Act. The objection of the State government was confined to the merits of the claim.

The award is only in the sum of Rs. 6,50,000/- with interest. The award was made on 25th April 2014. Therefore, in the facts of the case, it will be unjust to set aside the award only on the ground of the⁶⁰⁰ failure of the appellant to take recourse to the 1983 Act. In fact, the appellant had taken recourse to the 1983 Act before seeking the appointment of an Arbitrator. In this case, as can be seen from the impugned judgment, the award has been set aside only on the ground that the appellant ought to have invoked the provisions of the 1983 Act.

Even assuming that the observations in paragraph 17 of the decision in the case of Madhya Pradesh Rural Road Development Authority, are not applicable, this is a fit case to exercise jurisdiction under Article 142 of the⁷⁰⁰ Constitution of India to ensure that complete justice is done. Therefore, by setting aside the impugned judgment, the appeal under⁷²⁰ Section 37 of the Arbitration Act will have to be restored with a request to the High Court to decide the same on merits.

Accordingly, the impugned judgment dated 12th May 2022 passed in the Review Petition no.584 of 2021, and the order dated 5th July 2021 passed in the Arbitration Appeal no.45 of 2019 are set aside. The Arbitration Appeal no.45 of 2019 is restored to the file of the High Court of Madhya Pradesh, Principal Seat at Jabalpur.⁸⁰⁰ The restored appeal shall be listed before the roster bench on Monday, the 30th September 2024. The parties to the appeal shall appear before the High Court on that day, and no further notice of the date fixed in the⁸⁴⁰ appeal shall be given to the parties. On 30th September 2024, the High Court will fix a date for hearing the restored appeal, which shall be heard and decided in accordance with law and in light of the observations made in this judgment. All the issues on the merits of the restored appeal under Section 37 of the Arbitration Act⁹⁰⁰ are kept open. However, the award should not be set aside on the grounds of the applicability of the 1983 Act.

If the appellant has withdrawn the amount paid as per the award, the same shall be deposited by the appellant with the High Court within two months from today. The amount shall be invested by the High Court in⁹⁶⁰ a fixed deposit with any nationalised bank till the disposal of the restored appeal. The High Court, while deciding the appeal, shall pass appropriate directions regarding the withdrawal of the amount with interest accrued thereon.⁹⁹⁵

 

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ENGLISH SHORTHAND LEGAL DICTATIONS

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ENGLISH SHORTHAND DICTATION-396

 

Madam Speaker, I rise to join all Members of this august House in conveying our sincere thanks to hon. President for his enlightened Address. The debate on the President's Address has been vigorous and wide ranging. I thank all the hon. Members who have contributed to this debate. Madam, as hon. President mentioned in the initial parts of his Address, our economy has faced a difficult situation in the past one year. Hon. Members are aware that our growth has slowed down and the fiscal deficit has risen. Inflation has been a persistent problem in the last two years. The¹⁰⁰ Current Account Deficit is substantially higher than what we would like it to be. The Finance Minister has dealt with¹²⁰ all these issues in his Budget speech, and before that the Economic Survey tabled in this House gave a fairly comprehensive picture of the state of economy. I would therefore be brief in speaking about the challenges that confront our economy and what we need to do to overcome them. However, Madam, I do wish to emphatically endorse the view of the Finance Minister that the slowdown in the economy need not persist, and that we are fully capable of²⁰⁰ putting the country back on a high growth path of 7 to 8 per cent per annum in the next two to three years. To achieve this, we need to increase the rate of investment, especially in infrastructure. Our effort,²⁴⁰ therefore, will be to raise domestic savings, contain the growth of subsidies and encourage private investment. While our aim is to achieve an average GDP growth of 8 per cent during the 124 Plan and agricultural growth of 4 per cent, the focus will continue to remain on inclusive growth. Inclusive growth implies not only reducing poverty, but³⁰⁰ also improving regional equality across and within States, uplift of the Scheduled Castes, Scheduled Tribes, Other Backward Classes and minorities, closing gender gaps and generating more and better employment opportunities. Our policies have been designed to fulfil these objectives.

Madam, with regard to poverty, in the UPA Period, poverty declined at an average rate of two per cent per annum.³⁶⁰ In the preceding ten years, the rate of decline was no more than 0.8 per cent. With regard to regional inequalities, inter-State growth differential has narrowed and inter-State inequality is not increasing. The so-called backward States have also⁴⁰⁰ done much better in the UPA Period than was the case previously. In terms of education and skill development also, the achievements of the UPA Government are really notable. The key instruments for promoting inclusiveness and empowerment are education, health and skill development. There has been near universal enrolment in primary schools and a steady increase in average number of years of schooling of the labour force.

Madam, it is not my case that what we have achieved is the⁵⁰⁰ optimum level. I do recognise that growth requires further efforts to boost it. We need to do lot more to promote inclusiveness, health and education require greater attention, and environment protection measures have to be adopted with greater amount of firmness. But I would respectfully submit to this august House that what has been achieved is not something which can be belittled as Shri Rajnath Singh tried to do. I know that BJP has a particular view towards the economic and social policy of the UPA. A few days ago, a conclave of the National Council of BJP assembled in⁶⁰⁰ Delhi used the choicest abuses for the Congress establishment and Congress leadership including myself. It is not my intention to reply them in that language because I do believe that our work and our performance are the best judges of what we have achieved. We have seen this arrogance not for the first time. The Shining India campaign in 2004 led to disastrous results for the BJP. In 2009, they fielded the iron man Shri Advani against the lamb that Dr. Manmohan Singh is, and we know what the result was. I am convinced that if⁷⁰⁰ the people of India were to look at our record in these nine or ten years, they would repeat what⁷²⁰ they did in 2004 and 2009. Madam, several hon. Members have expressed concern about the state of agriculture. I share that concern. Farmers in our country are the most important constituent that the UPA cares for. We have done utmost to give our farmers remunerative prices, and here I would like to mention that the procurement prices of wheat, rice and other products have been raised in a manner which was never seen before in the⁸⁰⁰ history of this country.

Madam, several hon. Members, cutting across party lines, have expressed concern over incidents of violence against women. This is an issue, which unites all sections of the House, and I sincerely appeal to all sections of⁸⁴⁰ the House to speak with one voice. If there are any legislative measures, which we can agree upon, they can be then pushed forward at a much higher speed than is normally done when it comes to legislation through Parliament. I sincerely hope that we will agree to go forward in a manner which will do justice to 50 per⁹⁰⁰ cent of India’s population, that is, our women and children. Let me reiterate to this august House the commitment of our Government to ensuring the dignity, safety and security of every woman of this country. We have adopted a series of measures- legislative, institutional and procedural, which reaffirm the collective responsibility of this Government in this direction as more and⁹⁶⁰ more women enter public spaces. The Government has been prompt in acting on the recommendations of the Justice Verma Committee, by promulgating an Ordinance amending and strengthening the law to deal with crimes of sexual violence against women.⁹⁹⁸

ENGLISH SHORTHAND DICTATION-394

 

Madam Speaker, I must confess to you that it is with a tinge of sadness that I am addressing this august House. Our country is faced with enormous challenges. The Middle East, West Asia and North Africa are in flames. We have six million citizens of our country based in these countries. We should be worrying about the future of those citizens of ours. Seventy per cent of our oil supplies come from the Middle East. If the conflict in the area gathers momentum, there will be a serious question mark about our quest for energy security. I thought that¹⁰⁰ this august House would use this opportunity to reflect, not in a spirit of partisan upmanship, but as people charged¹²⁰ with the responsibility of governing this country to work out a viable strategy as to how we can deal with these emerging events. Instead, we have chosen to be exercised by what some embassy official writes about us. I must warn the House that this is a dangerous path. Tomorrow, if another official of a foreign embassy takes it into his head to create a feeling of strife and distress among the political parties in our country, all that he²⁰⁰ has to do is to plant a diplomatic message, and also ensure that somehow it leaks. I think the nation and this august Parliament should reflect as to what we are doing to our country. It is not in a²⁴⁰ spirit of any partisan upmanship that I am saying this, but as someone who is worried about the aftermath of this development on the future management of our country. With these words, I come back to the main subject. Let me say that I am no match with Shrimati Sushma Swaraj when it comes to her oratorial skills.

Madam Speaker,³⁰⁰ this is not the first time that I have been faced in my parliamentary career with an opposition onslaught of the type that you have been witnessing of late. I had to go through that fate as the Finance Minister and as the Prime Minister. The main opposition party, right from the year 2004, adopted the attitude that we were³⁶⁰ a usurper. All that I can say to Shri Advani is that the people of India have voted us into power in a free and fair election.  Madam Speaker, as the hon. Members will recall, several Members had raised allegations⁴⁰⁰ based on the reports in a newspaper about the purported cables from the US Embassy in New Delhi to their authorities in Washington. In response to the request from the Leader of the Opposition, I had made a Statement on this subject in this august House on March 18, 2011. Madam, I reiterate that it is not possible for the Government of India to confirm the veracity of the contents of such communications. If they exist, they⁴⁸⁰ would be communications from the US diplomats stationed in New Delhi to their Government in Washington. This is not open⁵⁰⁰ to us to inquire from either of the two regarding the communications they exchanged amongst themselves. In my Statement of 18^th March, 2011, I had also stated that many of the persons referred to in these communications have strongly denied their veracity. Madam, in my Statement, I had also referred to the issue raised regarding the offence of bribery. Apart from rejecting the allegations, I had also drawn the attention of this august House to the fact that the allegations were investigated by a committee constituted by the Fourteenth Lok Sabha and the Committee had concluded that there⁶⁰⁰ was insufficient evidence to draw a conclusion of bribery. The hon. Leader of the Opposition has questioned the veracity of this Statement and I would spend some time to convince her and the Members of the opposition that the inference that I have drawn is not incorrect. Madam, in this context, I refer to what the then Speaker Shri Somnath Chatterjee stated in this august House on 16^th December, 2008 while introducing the Report of the Committee. Madam, what I had stated is exactly what Shri Somnath Chatterjee stated while introducing this Report and, therefore, I urge the hon. Members⁷⁰⁰ not to doubt my credentials in this regard. Madam, the same thing emerges when we study the Report of the⁷²⁰ Committee in totality. It is no use quoting sections which suit one’s convenience or which support one’s argument. Madam, the matter was referred to the Delhi Police for investigation. Further investigation is in progress. Madam Speaker, । leave it to the good sense of this august House to decide for itself whether the Report of the Committee, in any way, substantiates the wild allegations levelled by some hon. Members of the Opposition. Madam, I would like to make it clear, once⁸⁰⁰ again, that none from the Congress Party or the Government indulged in any such unlawful act during the Trust Vote in 2008. We have not been involved in any such transactions and we have not authorized anyone to⁸⁴⁰ indulge in such transactions.

Sir, I must congratulate the Home Minister for the excellent beginning that he has made and for the speed that he has acquired to restore the Fundamental Rights to the citizens and to appoint Commissions of Enquiry to go into the excesses of the earlier rule as well as the shocking scandals that had characterised last⁹⁰⁰ years of the previous regime. However, in all humility, I must confess that it is not enough. The Forty-second Amendment of the Constitution should be withdrawn immediately, the Fundamental Rights will have to be fully restored and the role and power of the judiciary must be restored immediately. Then, the necessary correction in the attitude of the police cannot be⁹⁶⁰ achieved if, at this moment, we do not differentiate between those officers and men who acted on instructions and those who went out of their way to trouble and harass people during the earlier rule. If we do not differentiate¹⁰⁰⁰ between these people and do not give to the guilty exemplary punishment that would serve as deterrent and corrective, we would not be able to reorganise the Police Department.¹⁰²⁹

 

ENGLISH SHORTHAND DICTATION-393

 

The State has filed the present appeal impugning the order passed by the High Court whereby the petition filed by the respondent no.1 seeking quashing of the FIR was allowed and the same was quashed on the basis of the compromise entered into between the complainant and the accused.

Briefly stated, the facts available on record are that a complaint was filed by the respondent no.2 with the police alleging certain offences committed by the respondent no.1, on the basis of which FIR in question was registered. Respondent no.1 at the relevant point of time was working as¹⁰⁰ veterinary doctor in Sonipat Animal Husbandry Department.

Immediately after registration of the FIR while the matter was still under investigation,¹²⁰ the respondent no.1 filed a petition in the High Court seeking quashing thereof. A perusal of the impugned order passed by the High Court shows that the accused as well as the complainant submitted before the High Court that the matter in dispute has been amicably settled between the parties, hence, the FIR may be quashed on the basis of the compromise.

Even though in the reply filed by the State to the quashing petition, the stand taken was that²⁰⁰ the FIR does not deserve to be quashed as there are serious allegations against the respondent no.1. However, the High Court quashed the FIR merely because the complainant had compromised the matter with the accused. The aforesaid order is impugned²⁴⁰ by the State before this Court.

Learned counsel for the appellant submitted that once on the basis of a complaint submitted to the Police, an FIR had been registered with the allegations that the respondent no.1 was involved in commission of serious offences during her service career and the matter was still under investigation, the High Court exceeded its jurisdiction³⁰⁰ in quashing the FIR, merely because the complainant had compromised the matter with the accused.

After the FIR was registered or even before that, it was not the complainant only who was the sufferer, rather it was an offence against the State. The allegation against the respondent no.1 was of defrauding the State, her employer. The FIR was registered as³⁶⁰ cognizable offence was found to have been committed by the respondent no.1. The stand taken by the State before the High Court was not even considered.

On the other hand, learned counsel for the respondent no.1 submitted that⁴⁰⁰ the complainant had no locus to involve in the issue. He had filed a complaint to the police with certain allegations with regard to her service career referring to certain documents, which were not privy to him.

Registration of FIR against respondent no.1 was merely to harass her, who had otherwise exposed various irregularities in the Animal Husbandry Department. Even in the departmental proceedings, the respondent no.1 has been exonerated after due enquiry. If FIR is allowed to be proceeded⁴⁸⁰ with, it will be nothing else but an abuse of process of law. The High Court has not committed any⁵⁰⁰ error in the exercise of jurisdiction to quash the FIR.

We have heard learned counsel for the parties and perused the paper book. In the case in hand, on the basis of information received under the Right to Information Act, 2015 the respondent no.2 filed complaint to the police, on the basis of which FIR in question was registered. Immediately after registration of FIR, respondent no.1 filed a petition before the High Court seeking quashing thereof, on the basis of the compromise with the complainant, which was allowed by the High Court. A perusal of the contents of the FIR⁶⁰⁰ would show that it was not the complainant who was the victim with reference to the allegations made in the complaint to the police, to enable the High Court to exercise the power to quash the FIR on the basis of compromise.

The allegations are with reference to withdrawal of salary for the period the respondent no.1 was on unauthorized foreign trips and also withdrawal of salary by producing false medical certificates. When the FIR in question was quashed, the matter was still being investigated by the police. It was even so submitted by the State in its reply to⁷⁰⁰ the quashing petition in the High Court.

In the facts of the present case after setting the criminal machinery into⁷²⁰ motion, which had relevance with the fraud allegedly committed by the respondent no.1 with her employer, the complainant did not have any locus to compromise the matter with the accused when the FIR had been registered. Even the High Court had failed to consider that aspect of the matter.

Even though the reply filed by the State to the quashing petition was taken on record but without even referring to the stand taken therein, merely on the basis of compromise⁸⁰⁰ entered into between the complainant and the accused, the FIR was quashed. The order cannot be legally sustained. The allegations against the accused are of defrauding the State. How can such a matter be settled on the basis of a⁸⁴⁰ compromise between two private individuals? The simple answer is that it cannot be done.

The argument raised by the learned counsel for the respondent no.1 that in the departmental proceedings initiated on the same ground, she has already been exonerated is merely to be noticed as this may be a defence of the accused, which was not at all the⁹⁰⁰ ground on the basis of which the FIR in question was quashed, at the stage of investigation.

For the reasons mentioned above, the present appeal is allowed. The impugned order passed by the High Court is set aside. The petition filed by the respondent no.1 seeking quashing of the FIR in question on the basis of compromise is dismissed.⁹⁶⁰

 

ENGLISH SHORTHAND DICTATION-392

 

Madam Speaker, the movement of the exchange rate of the Indian Rupee recently has been a matter of concern. The Rupee has fallen sharply against the dollar since the last week of May. There are concerns of the impact this would have on our economy. Madam, what triggered the sudden depreciation was the markets’ reaction to certain external developments. On 22^nd May, 2013, the United States Federal Reserve indicated that it would soon taper its Quantitative Easing as the US economy was recovering. This led to a reversal of capital flows to Emerging Economies, which are now¹⁰⁰ pulling down not just the Rupee but also many other currencies. While global factors such as tensions over Syria and¹²⁰ the prospect of the US Federal Reserve tapering its policy of Quantitative Easing have caused general weaknesses in the Emerging Market currencies, the Rupee has been especially hit because of our large Current Account Deficit and some other domestic factors. We intend to act to reduce the Current Account Deficit and bring about an improvement in the functioning of our economy. In 2010-11 and the years prior to it, our Current Account Deficit was more modest and²⁰⁰ financing it was not difficult, even in the crisis year of 2008-09. Since then, there has been a deterioration, mainly on account of huge imports of gold, higher costs of crude oil imports and coal. On the²⁴⁰ export side, weak demand in major markets has kept our exports from growing. These factors have increased our Current Account Deficit. Clearly, Madam, we need to reduce our appetite for gold, economise in the use of petroleum products and take steps to increase our exports. We have taken measures to reduce the Current Account Deficit. The Finance Minister has indicated³⁰⁰ that it will be below $ 70 billion this year, and we will take all possible steps to ensure that outcome. These are already showing results with a declining trade deficit in both June and July. The Government is confident that we will be able to lower our Current Account Deficit to $70 billion. Our medium-term objective is to reduce³⁶⁰ the Current Account Deficit to 2.5 per cent of our GDP. Our short-term objective is to finance the current account deficit in an orderly fashion. We will make every effort to maintain a macro economic framework to enable orderly financing⁴⁰⁰ of the Current Account Deficit.

Madam Speaker, coming back to the effects of the Rupee depreciation, we must realise that part of this depreciation was merely a needed adjustment. Inflation in India has been much higher than in the advanced countries. Therefore, it is natural that there has to be a correction in the exchange rate to account for this difference. To some extent, depreciation can be good for the economy as this will help to increase our exports and⁴⁸⁰ discourage imports. There are many sectors which are regaining competitiveness in export markets as a result of the fall in⁵⁰⁰ the exchange rate. Over the next few months, I expect the effects of this to be felt more strongly, both in exports and in the financial position of exporting sectors. This in itself would correct the Current Account Deficit to some extent. However, foreign exchange markets have a notorious history of overshooting. Unfortunately, this is what is happening not only in relation to the Rupee but also other currencies. The Reserve Bank and the Government have taken a number of steps to stabilize the Rupee. Some measures have given rise to doubts in some quarters that capital controls are on⁶⁰⁰ the horizon. I would like to assure the House and the world at large that the Government is not contemplating any such measures. The last two decades have seen India grow as an open economy and we have benefited from it. There is no question of reversing these policies just because there is some turbulence in capital and currency markets. The sudden decline in the exchange rate is certainly a shock, but we will address this through other measures, not through capital controls or by reversing the process of reforms. The Finance Minister has clarified this matter at length, and⁷⁰⁰ I take this opportunity to reaffirm our position.

Madam Speaker, Ultimately, the value of the Rupee is determined by the⁷²⁰ fundamentals of our economy. While we have taken a number of actions to strengthen those fundamentals, we intend to do more. Growth has slowed in recent months. I expect growth in the first quarter of 2013-14 to be relatively flat, but as the effects of the good monsoon kick in, I expect it to pick up. There are many reasons for this optimism. The decisions of the Cabinet Committee on Investment in restarting stalled projects will start⁸⁰⁰ bearing fruit in the second half of the year. The full effects of the growth-friendly measures that have been taken over the last six months, such as liberalizing norms for Foreign Direct Investment, resolution of some tax issues of⁸⁴⁰ concern to industry and fuel subsidy reform will come into play over the year, resulting in higher growth particularly in manufacturing. Exports are also starting to look up as the growth performance of the rest of the world is showing signs of improving. So, I believe growth will pick up in the second half of the fiscal year barring extreme⁹⁰⁰ unforeseen eventualities. Madam, there are questions about the size of the fiscal deficit. The Government will do whatever is necessary to contain the fiscal deficit to 4.8 per cent of GDP this year. The most growth-friendly way to contain the deficit is to spend carefully, especially on subsidies that do not reach the poor, and we will take⁹⁶⁰ effective steps to that end. Madam, inflation measured by the Wholesale Price Index has been coming down, even though inflation measured by the Consumer Price Index is still too high. Depreciation of the Rupee and rise in Dollar prices of¹⁰⁰⁰ petroleum products will no doubt lead to some further upward pressure on prices. The Reserve Bank will therefore continue to focus on bringing down inflation. The favourable monsoon and the anticipated good harvest will help bring down food prices and ease the task of controlling inflation. All in all, the macro-stabilization process, which should support the value of the Rupee, is under way. I expect that as the fruits of our efforts materialize, currency markets will recover. Madam Speaker, even¹⁰⁸⁰ while we go about doing what is necessary, it is important to recognize that the fundamentals of the Indian economy¹¹⁰⁰ continue to be strong.

ENGLISH SHORTHAND DICTATION-391

 

The learned counsel appearing for the appellant has taken us through the notes of evidence of material prosecution witnesses and other documents on record of the Trial Court. His submission is that ‘last seen together’ is a very weak circumstance as there is evidence on record to show that the appellant and the deceased were related. Very often, they used to consume liquor together. He submitted that the recovery of the knife at the appellant's instance had not been proved. He submitted that even the existence of motive has not been pleaded and proved by the prosecution. He also submitted¹⁰⁰ that if the oral evidence of PW-7 and PW-15 is considered together, the theory that the death occurred due to¹²⁰ an accident of motorcycle cannot be ruled out. Therefore, the benefit of the doubt must be extended to the appellant. He submitted that every circumstance constituting a chain of circumstances has not been established.

The learned counsel appearing for the State supported the impugned judgment. She submitted that the dead body of the deceased was found within a few hours from the time at which the appellant and the deceased were last seen together. She submitted that recovery of the²⁰⁰ weapon used by the appellant to attack the deceased had been duly proved, and all circumstances forming part of the chain of circumstances have been established.

We have carefully perused the evidence of PW-2, who deposed that on 29^th240 September 1993 till 9.00 pm, the appellant and deceased consumed liquor in his house. He deposed that the appellant and deceased left his house after consuming liquor. He stated that the appellant and the deceased had gone towards mango orchard. The body of the deceased was recovered on the next day. In the cross-examination, the PW-2 stated that³⁰⁰ two to four times, the appellant and the deceased had come to his place to drink liquor.

He stated that the deceased used to consume a lot of liquor. PW-6 (Smt. Anjana Devi) is the wife of the deceased, who deposed that the appellant came to her house and gave a currency note of Rs. 50/- to the deceased and³⁶⁰ forcibly took him for drinking. After that, the deceased did not come back. She stated that she deputed her elder son to the appellant's house, where the sister-in-law of the appellant informed the elder son of the deceased that the⁴⁰⁰ appellant was sleeping in the house. Thereafter, the appellant himself visited the house of PW-6 and enquired whether his brother-in-law had come back. She deposed that at 12.30 pm, one Raju informed her that the dead body of her husband had been found. She admitted that her husband used to drink alcohol occasionally. Sometimes, he used to get drunk, and people used to bring him back home. She stated that when her husband went with the appellant, she knew⁴⁸⁰ that they were going to drink liquor. PW-7 stated that the deceased was his nephew. In the cross-examination, he accepted⁵⁰⁰ that the deceased and appellant always used to be together. Thus, this was not the first occasion when the deceased and the appellant went together to consume liquor. Apart from being closely related, they had a close contact, and they used to be together for drinking.

The prosecution has not come out with a case that there was some motive on the part of the appellant for killing the deceased. Neither PW-2 nor PW-6 stated that on 29th September 1993, there was any dispute or altercation between the appellant and the deceased. Thus, the deceased being in⁶⁰⁰ company of the appellant on 29th September 1993 was not an unusual circumstance. This makes the case based on the theory of last seen together very weak in absence of motive.

Now, we come to the evidence of recovery of the weapon of offence at the instance of the appellant. The first witness to the recovery memorandum under Section 27 of the Indian Evidence Act, 1872, is PW-2. In the examination-in-chief, he said that he was not aware who told the police that the knife was lying in a particular place. He stated that⁷⁰⁰ the police had said they were trying to find out the place the accused was telling. He stated that soil⁷²⁰ and knife were recovered from different locations. He stated that he signed on papers on which something was written, which was not read over to him. He further stated that he was illiterate.

PW-4 (Arjun) stated that the police personnel had taken them to the place where the knife was found. The witness said that he saw the knife first, and thereafter, the police picked it up. He stated that he was not aware who had told police that the⁸⁰⁰ knife would be found at that place. On plain reading of the evidence of these two witnesses, it is apparent that the recovery of the knife at the instance of the appellant has not been duly proved. They have not⁸⁴⁰ stated that the discovery was made from a place disclosed by the appellant in their presence. Moreover, memorandum recording the statement of the appellant has not been duly proved. So, one part of the chain of circumstances has not been established.

PW-7 stated in the cross-examination that he had gone to the place of incident. He stated that there were⁹⁰⁰ pieces of glass lying there. He stated that the pieces of glass may be of the light of a motorcycle. He stated that he had informed the police that the deceased may have sustained injury due to an accident involving a motorcycle.

PW-15 is the doctor who performed a postmortem of the body of the deceased. In the cross-examination, he⁹⁶⁰ admitted that if the glass pieces were small and sharp, the injury sustained by the deceased could have been caused by small pieces of glass.⁹⁸⁵

 

ENGLISH SHORTHAND DICTATION-369

 

School education in India plays a pivotal role in shaping the future of the nation by providing a foundation for knowledge, skills, and character development. The education system in India is vast and diverse, catering to the needs of millions of students across the country. The school education system in India is divided into different levels, starting from primary to secondary and higher secondary education. Primary education forms the foundation of a child's learning journey and typically covers classes 1 to 5. The focus is on basic subjects like Mathematics, Language, Science, and Social Studies. The upper primary education spans¹⁰⁰ classes 6 to 8 and aims to build upon the foundation laid in primary education. Students are introduced to more¹²⁰ advanced topics and subjects to prepare them for higher classes. Secondary education covers classes 9 to 10. Secondary education is crucial as it includes board examinations. The curriculum becomes more specialized, and students have the option to choose elective subjects based on their interests. Higher secondary education spans Classes 11 and 12, where students pursue their chosen streams - Science, Commerce, or Arts. The focus is on in-depth study of chosen subjects, preparing students for university education.

Despite progress, the²⁰⁰ Indian education system faces challenges such as unequal access to quality education, obsolete curriculum, and the need for more practical and vocational learning. Efforts are being made to address these issues through educational reforms, including the introduction of the National²⁴⁰ Education Policy 2020, which aims to make education more inclusive, flexible, and relevant.

One of the unique aspects of school education in India is its diversity. The country is home to a multitude of languages, cultures, and traditions. Schools often reflect this diversity, fostering an environment where students learn not just from textbooks but also from the rich³⁰⁰ tapestry of experiences that their peers bring to the classroom. School education in India serves as the foundation for a person's intellectual and personal development. While challenges exist, ongoing reforms and initiatives are striving to create a more inclusive, relevant, and holistic education system. As India continues to progress, the role of school education in shaping versatile individuals and contributing³⁶⁰ to the nation's growth remains paramount.

The Annual Status of Education Report for 2023 gives a picture of children’s schooling and learning outcomes in rural India. It shows that most children between the age of 14 and⁴⁰⁰ 18 have such a poor command of the basics that they are unable to even match the abilities expected of students of Classes 2 or 3. With 25 per cent of the children not able to fluently read any text in their regional language, over half of them failing to do simple division exercises and more than 42 per cent drawing a blank while reading simple sentences in English, it is imperative to introspect and come up with⁴⁸⁰ remedial steps. The findings are a wake-up call to identify and plug the gaps in the teaching imparted to children⁵⁰⁰ in primary classes. Similar deficiencies have been exposed in various surveys conducted over the years, with the COVID-19 pandemic especially impacting studies as regular classes were disrupted. Rural students are a particularly disadvantaged lot as issues plaguing government schools have remained unresolved for years. There is little that can be said for school infrastructural development. State governments continue to grapple with teacher absenteeism and vacant posts in schools located in remote or interior areas. The only positive outcome revealed by the Annual Status of Education Report is the expansion of digital literacy as 90 per cent of the respondents⁶⁰⁰ possess smartphones and know how to operate them — with boys having an edge over girls. Perhaps the key to improving literacy in the country is embedded in this finding. Policymakers could explore a hybrid teaching mode to reach out effectively⁶⁴⁰ to the rural children.

The Central Board of Secondary Education has taken the lead in making a provision for holding examinations for Classes 10 and 12 twice a year from the 2024-25 academic session. The first set of examinations is proposed to be conducted in November-December and if some students think that they could have⁷⁰⁰ done better, they can take the exam in February-March to improve their performance, with the best scores being counted as⁷²⁰ the final result. This is in sync with the changes envisaged in the national curriculum framework as per the National Education Policy, 2020. Having two options is expected to negate one adverse effect of the present system: the stress and anxiety associated with a single, make-or-break examination. It is this pressure that has pushed many students to the brink and even forced some to end their life. This step by Central Board of Secondary Education is also intended⁸⁰⁰ to steer children away from rote learning and comprehensively assess their command of fundamental academic concepts and skills. Allowing students the flexibility to choose their subjects rather than confining themselves to the traditional streams of Science, Commerce and Humanities is⁸⁴⁰ another laudable reform.

This revamp of the school education system would be successful if it achieves its objectives and makes assessment and evaluation fair and equitable, bringing students from underprivileged sections of society on a par with their peers from better-off families. Bridging the yawning gap between the two groups is imperative for the country to reap the demographic dividend.⁹⁰⁰ As the education framework ultimately shifts to a modular system for all classes, the problems faced by a large proportion of teenaged students, whose basic reading, writing and computing skills are poor, may also be addressed.⁹³⁶