Lokpal Bill

The word Lokpal means an ombudsman in India. The word has been derived from the Sanskrit words "loka" (people) and "pala" (protector/caretaker). So the word Lokpal means 'protector of people'. The concept of Lokpal has been drawn up to root out corruption at all levels in the prevailing Indian polity.

The Lokpal will be a three-member body with a chairperson who is or was a chief justice or Supreme Court judge, and two members who are or have been high courts judges or chief justices.Implementation of the Lokpal bill will hopefully reduce corruption in India. The basic idea of the Lok Pal is borrowed from the office of ombudsman, which has played an effective role in checking corruption and wrong-doing in Scandinavian and other nations. In early 1960s, mounting corruption in public administration set the winds blowing in favour of an Ombudsman in India too.

The Administrative Reforms Commission (ARC) set up in 1966 recommended the constitution of a two-tier machinery - of a Lokpal at the Centre, and Lokayukta(s) in the states.the Lokpal has to complete the inquiry within six months.

Duties of Lokpal are as follows:

1. To judge the cases and make jurisdictions against corruption cases with the Lokpal.

2. To judge whether a case is legal or whether a fake complaint has been made.

3. To potentially impose fines on a fake complaint, or even a short span of jail time, if the case is not proved to be legally true.

In India, the Jan Lokpal Bill (also referred to as the citizens' ombudsman bill) is a proposed anti-corruption law designed to effectively deter corruption, redress grievances and protect whistleblowers. The law would create an ombudsman called the Lokpal; this would be an independent body similar to the Election Commission of India with the power to prosecute politicians and bureaucrats without prior government permission.

A compromise bill, merging the Government's version and that of the civil group's version (Jan Lokpal), is being drafted by a committee of five Cabinet Ministers and five social activists. As of July 2011, the most current version of the bill is version 2.3, according to the government website. For 42 years, the government-drafted bill has failed to pass the Rajya Sabha, the upper house of the Parliament of India.The first Lokpal Bill was passed in the 4th Lok Sabha, the lower house of the Parliament, in 1969 but stalled in the Rajya Sabha. Subsequent Lokpal bills were introduced in 1971, 1977, 1985, 1989, 1996, 1998, 2001, 2005 and 2008 but all failed to pass.

Latest Developments

Anna Hazare, a Gandhian rights activist, had started a fast unto death at Jantar Mantar in New Delhi demanding the passing of the bill. Hazare called off his hunger strike on the 9th of April, 2011 bringing to an end his 98-hour protest after the government issued a gazette notification constituting a 10-member Joint Committee of government ministers and civil society activists, including him, to draft a bill for the creation of an effective Lokpal.

Drafting Committee

The drafting committee was officially formed on 8 April 2011. It consists of ten members, including five from the government and five drawn from society.

Chairmen

The Government of India accepted that the committee be co-chaired by a politician and an activist, non-politician. It is reported that Pranab Mukherjee, from the political arena, and Shanti Bhushan, from civil society, will fill those roles.

Government representation (Five Cabinet ministers )They are:

» Pranab Mukherjee, Finance Minister, Co-Chairman;

» P. Chidambaram, Minister of Home Affairs;

» Veerappa Moily, Minister of Law and Justice;

» Kapil Sibal, Minister for Communications and Information Technology; and

» Salman Khursid, Minister of Water Resources.

Civil society representation (Five leading social activists). They are:

» Shanti Bhushan, Former Minister of Law and Justice, Co-Chairman;

» Anna Hazare, Social Activist;

» Prashant Bhushan, Lawyer;

» N. Santosh Hegde, Lokayukta (Karnataka); and

» Arvind Kejriwal.

Thousands of people from all over India, especially the youth, supported Anna Hazare's cause by candle light marches and online campaigns through social media.Recently Yoga guru, Swami Ramdev, was on a fast for this cause for 9 consecutive days from 4 June - 12 June 2011. He wanted the Government of India to accept various demands which mainly included those related to the Lokpall bill.Anna Hazare on the 8th of June, 2011, declared that he will restart his fast unto death on the 16th of August if the Lokpal bill is not passed by the Parliament of India by 15 August, which is the Inependence Day of India.On the 16th of June, the civil society reported that only 15 points of total 71 that they recommended have been agreed to by the Joint Committee consisting of five central ministers. Following differences with the Civil Society, the team of five central ministers decided to forward two drafts of the Lokpal Bill to the Cabinet, one from each side.

The Jan Lokpal Bill (Citizen's ombudsman Bill) is a draft anti-corruption bill drawn up by prominent civil society activists seeking the appointment of a Jan Lokpal, an independent body that would investigate corruption cases, complete the investigation within a year and envisages trial in the case getting over in the next one year. Drafted by Justice Santosh Hegde (former Supreme Court Judge and present Lokayukta of Karnataka), Prashant Bhushan (Supreme Court Lawyer) and Arvind Kejriwal (RTI activist), the draft Bill envisages a system where a corrupt person found guilty would go to jail within two years of the complaint being made and his ill-gotten wealth being confiscated. It also seeks power to the Jan Lokpal to prosecute politicians and bureaucrats without government permission.

Salient features of Jan Lokpal Bill:

1. An institution called LOKPAL at the centre and LOKAYUKTA in each state will be set up.

2. Like Supreme Court and Election Commission, they will be completely independent of the governments. No minister or bureaucrat will be able to influence their investigations.

3. Cases against corrupt people will not linger on for years anymore: Investigations in any case will have to be completed in one year. Trial should be completed in next one year so that the corrupt politician, officer or judge is sent to jail within two years.

4. The loss that a corrupt person caused to the government will be recovered at the time of conviction.

5. How will it help a common citizen: If any work of any citizen is not done in prescribed time in any government office, Lokpal will impose financial penalty on guilty officers, which will be given as compensation to the complainant.

6. So, you could approach Lokpal if your ration card or passport or voter card is not being made or if police is not registering your case or any other work is not being done in prescribed time.

Lokpal will have to get it done in a month's time. You could also report any case of corruption to Lokpal like ration being siphoned off, poor quality roads been constructed or panchayat funds being siphoned off. Lokpal will have to complete its investigations in a year, trial will be over in next one year and the guilty will go to jail within two years.

7. But won't the government appoint corrupt and weak people as Lokpal members? That won't be possible because its members will be selected by judges, citizens and constitutional authorities and not by politicians, through a completely transparent and participatory process.

8. What if some officer in Lokpal becomes corrupt? The entire functioning of Lokpal/ Lokayukta will be completely transparent. Any complaint against any officer of Lokpal shall be investigated and the officer dismissed within two months.

9. What will happen to existing anti-corruption agencies? CVC, departmental vigilance and anti- corruption branch of CBI will be merged into Lokpal. Lokpal will have complete powers and machinery to independently investigate and prosecute any officer, judge or politician.

10. It will be the duty of the Lokpal to provide protection to those who are being victimized for raising their voice against corruption.

Some people have opined that the Jan Lokpal Bill is 'Naïve' in its approach to combating corruption. The Lokpal concept was criticized by the Human Resource Development (HRD) minister Kapil Sibal because of concerns that it will lack accountability, oppresively, and undemocratically.The claim that the Lokpal will be an extra-constitutional body has been derided by Hazare’s closest lieutenant, Arvind Kejriwal. He states the Jan Lokpal Bill drafted by civil society will only investigate corruption offences and submit a charge sheet which would then tried and prosecuted, through trial courts and higher courts. Kejriwal further states that the proposed bill also lists clear provisions in which the Supreme Court can abolish the Lokpal.Although Kejriwal has stated that all prosecutions will be carried out through trial courts, the exact judicial powers of LokPal is rather

unclear in comparison with its investigative powers.

The bill requires "...members of Lokpal and the officers in investigation wing of Lokpal shall be deemed to be police officers". Although some supporters have denied any judicial powers of Lokpal,the government and some critics have recognized Lokpal to have quasi-judicial powers.The bill states that "Lokpal shall have, and exercise the same jurisdiction powers and authority in respect of contempt of itself as a High court has and may exercise, and, for this purpose, the provisions of the Contempt of ourts Act, 1971 (Central Act 70 of 1971) shall have the effect subject to the modification that the ref rences therein to the High Court shall be construed as including a reference to the Lokpal." Review of proceedings and decisions by Lokpal is prevented in the bill, stating "...no proceedings or decision of the Lokpal shall be liable to be challenged, reviewed, quashed or called in question in any court of ordinary Civil Jurisdiction." Without judicial review, there is concern that Lokpal could become a extra-constitutional body with investigative and judicial powers whose decisions cannot be reviewed in regular courts.

Whether or not to include the Prime Minister and higher judiciary under the Lokpal remains as one of the major issues of dispute. Although Hazare proposed Justice Verma, the former Chief Justice of the Supreme Court, as the Chairman of the Lokpal Bill panel,Justice Verma later expressed his constitutional objections for including the Prime Minister and higher judiciary under Lokpal, stating "this would foul with the basic structure of the constitution".

Difference Between Draft Lokpal Bill 2010 and Jan Lokpal Bill

Draft Lokpal Bill (2010)

Jan Lokpal Bill 

(Citizen's Ombudsman Bill) » Lokpal will have no power to initiate suo motu action or receive complaints of corruption from the general public. It can only probe.

» Complaints forwarded by the Speaker of the Lok Sabha or the Chairman of the Rajya Sabha.

» Lokpal will only be an Advisory Body with a role limited to forwarding reports to a "Competent Authority".

» Lokpal will have no police powers and no ability to register an First Information Report or proceed with criminal investigations.

» The CBI and Lokpal will be unconnected.

» Punishment for corruption will be a minimum of 6 months and a maximum of up to 7 years.

» Lokpal will have powers to initiate suo moto action or receive complaints of corruption from the general public.

» Lokpal will have the power to initiate prosecution of anyone found guilty.

» Lokpal will have police powers as well as the ability to register FIRs.

» Lokpal and the anti corruption wing of the CBI will be one independent body.

» Punishments will be a minimum of 5 years and a maximum of up to life imprisonment.

India is a country where honesty and integrity in public and private life have been glorified andupheld in great epics such as the Vedas, Upanishads and in the books and practices of everyreligion practiced here.Yet, India today is one of the most corrupt countries in the world.Bringing public servants under a scanner which makes them strictly accountable is the start of amovement against corruption in India. And one significant step in attacking the spectre ofcorruption in India will be the implementation of the lok pal bill.

In the regular dispensation of government there are implicit and explicit ways that citizens canvoice their grievances and demand change. But these are often difficult. Within administrative departments, for example, any decision of one official can be appealed to a higher official, all the way up to the head of a department. However, this mechanism has inherent flaws.But it can be said that Lokpal is the need of the hour and it will have to be implemented first ,then only we can decide whether it is fruitful or not.

India China relations

India China relations have been going through a rough phase for some time now. In fact, over the past year they have become even more complex than they normally have been over the past five decades as a result of new Chinese diplomatic and military assertiveness when he characterized them as being in a “fragile” state that needed care. Little visible progress however has been made in resolving some of the issues that have made the relationship tenuous. Wen’s visit was useful for putting the issues back on the table and reiterating positions. He has indicated that China would discuss the problems so as to find solutions. Whether there have been positive movement will be visible in Chinese postures only in the coming months. Thus, when the Chinese Premier referring to the relationship said: “We are partners not competitors”, he was perhaps focusing more on a goal rather than describing the current reality, since the list of issues pending resolution has been growing.

The Issues 

DIFFERENCES OVER TERRITORY

Several issues have plagued India China relations through the past year. The most important of them concerns the emergence of Jammu and Kashmir as a new issue area between the two. The Chinese decision to provide stapled visas for Indians from the State of Jammu and Kashmir that indicated it considers it 'disputed’ – in line with Pakistan’s position – has become a major diplomatic problem. This problem was compounded in August 2010 when China denied visa to Lt. Gen Jas Pal, Commander, Northern Command, since he is based in Jammu and Kashmir. The lack of diplomatic sensitivity and protocol on the Chinese side was stark since the Lt. Gen was invited by the PLA. India has suspended all high level military exchanges with China in retaliation and till the issue is sorted out to its satisfaction. It also cancelled the visits of Chinese high level military visits to India.

A second issue – again linked to J&K – was the active involvement of China, largely through the PLA, in carrying out various projects in Pakistan occupied Kashmir. Legal sovereignty over Pakistan occupied Kashmir belongs to India – yet this has been systematically been set aside by China since it signed the 1963 'border agreement’ with Pakistan settling the POK Xinjiang territorial division. India has always considered it 'illegitimate’. But this has been since then been further compromised by Chinese military activities, including road and infrastructure building, military transportation, etc., in POK. Earlier in the year the Chinese had opposed an Asian Development Bank project in Arunachal on the ground that the territory is 'disputed’ and that India must not undertake even official State visits of the Prime Minister and the President or allow the Dalai lama to visit the area. By its own logic China should not be undertaking any such projects in 'disputed’ POK. But logic has not been Beijing’s strong point, power politics is.

China’s attempt to make the visits of the Prime Minister to Arunachal and the Dalai Lama to Tawang highly sensitive public issues has had a very negative impact on public opinion in India which sees China’s claims as well as attendant diplomatic demands as provocative and hostile in nature. Arunachal has always been part of India and many Prime Ministers have visited the province. So why make the Manmohan visit such an issue? Similarly, the Dalai Lama has been in exile in India since 1959 and as a religious head travels to all parts of India, including the Buddhist monasteries such the one in Tawang. This too is not new. India expects China to directly talk with the Dalai Lama so that the over 100,000 Tibetans in exile may return to Tibet. They are a responsibility of China and they are in exile because they do not feel that the political and religious conditions are conducive for them to return home. The Tibetan issue is not an Indian creation and must not be made to look as such. It has already muddied India China relations and caused many misperceptions. China needs to address it sincerely through talks with the Tibetans in exile and their leader the Dalai Lama – overcoming the dominant view that this problem can be overcome simply by waiting out. It is quite possible that complexities could increase as human rights and other cultural autonomy issues gain more salience in international diplomacy and Chinese domestic affairs.

China tried to push through supply of additional nuclear power reactors to Pakistan – a known proliferator of nuclear weapon technology --bypassing the Nuclear Suppliers Group regulations and restrictions despite being a member. While, the projects have not come through as yet and did not materialise even during the recent Pakistan visit of Wen Jiabao-- but the very fact that it has been attempted has not left a negative impression in India and elsewhere. China’s Pakistan fixation has been further reflected in its failure to condemn the perpetrators of the dastardly Mumbai terrorist attacks, its opposition in the UN to sanction the Lashkar-e-Taiba and the Jaish-e-Mohammad, and its calculated silence on mentioning Pakistan, even indirectly, as a state that needs to be responsible and control international terrorist attacks from its territory, and punish the guilty. The Chinese stance has had been widely viewed negatively in the Indian media and political circles, to the detriment of India-China diplomacy and confidence building. 

Diversion of the Brahmaputra

Finally, China has acknowledged after being in denial for many years, that it is constructing a hydro-power plant on the Tsangpo or the Brahmaputra and is also planning other projects –that could affect the quantum of water flow into lower riparian India and Bangladesh during the lean period. No river water agreement exists between India and China, and water flows in both Sutlej and Brahmaputra are involved. Under the present arrangement China provides water flow data during the Monsoon and not year-round. Its dam building activities on the Mekong has been a diplomatic issue with the Indo-Chinese states. The failure to be upfront with India on the hydro-project issue has therefore raised public concern, especially in the Northeast.

In effect, the existing disputes and differences over territory, strategic ties with Pakistan and regional diplomacy that seeks to counter-balance India and undermine existing security arrangements and the Tibetan issue became more complicated over the past year. As a result the positive elements in the relationship such as at the Copenhagen climate change conference or in the G-20 global financial discussions have been overshadowed by the series of negative diplomatic moves by China. Growing trade volume and economic relations – important for the relationship given the political differences -- have not managed to cope with the string of new issues that have clouded the relationship.

Premier Wen knows the bilateral issues well enough. He and Prime Minister Manmohan Singh have met over 20 times during their tenures as heads of governments at different diplomatic forums and have discussed way to improve ties and deal with the problem areas.

Wen came to India with a 400-strong Chinese business delegation, set his eyes on commerce and investments, avoided controversies and on the whole made a positive public impression. This was his second visit. During his 2005 visit he had signed the principles to settle the boundary issue –which seemed important then but has been nullified because of its generalities and differences over interpretation. He has a good reputation as a reformer and as a leader interested in stable relations with India. In the five years since his past visit ties however have become entangled, new problems have been added. In some ways this was a damage control mission, arranged hurriedly during the G-20 summit in Seoul where he met Manmohan Singh on the sidelines.

Prior to the summit it was felt by some that a positive assessment of the visit would depend on whether he addresses two Indian concerns. One, what stand he takes on India’s persistent demand to do away with China’s policy of issuing stapled visas to Indians from Jammu and Kashmir, and two, whether he declares an unequivocal support to Indian candidature for United Nations Security Council’s permanent membership. Dodging of these issues by China is increasingly being seen as an unfriendly act in India. On both these issues the Chinese Premier remained non-committal or stuck to generalities. On the issue of terrorism, he took a general position opposing it in all forms. However, China has prevented the United Nations from imposing sanctions on Lashkar-e-Tayyeba chief Hafiz Saeed and his charity and terror front, Jamaat-ud Dawa (JuD). Nor has China before or during Wen’s visit even hinted at the need for Pakistan to bring to book the perpetrators of the 26/11 Mumbai attacks. China continues to handle its strategic ally Pakistan with kid-gloves. These postures do not create confidence about Chinese stated positions and intentions.

So what was achieved? Little that is tangible on resolving the large areas of differences; but some hopes have been raised within the political establishment by Wen’s assurances and apparent attention to India’s concerns. According to an Indian official comment -- "We have made it very clear that issues involving the Indian state of Jammu and Kashmir are a core concern for us, as Tibet and Taiwan are core concerns for them." However, he added, that efforts to improve ties would continue. "We will move towards trying to find agreement on those issues while not letting them impact on areas where we can move ahead."

In the two rounds of talks between Prime Minister Manmohan Singh and Premier Wen the “stapled visa” issue could not be undone. They therefore agreed on a mechanism to address the matter. They also decided to discuss the break in high-level defence exchanges — suspended by India as a result of Chinese denial of visa to the Commander, Northern Command --by creating a basis for them to “continue without constraints.” The immediate “constraint” is the stapled visa, which challenges India’s sovereignty and territorial integrity. In the absence of a resolution of this issue, India refused to include in the joint statement references to Chinese sovereignty in Tibet and ‘one-China' that have been part of the previous three joint statements. The reference in the joint statement to deepening bilateral relations on the basis of “sensitivity for each other's concerns” was the compromise formulation. India’s insistence on reciprocity and seeming assertiveness are a refreshing change from its previous docile posture that China had begun to take for granted.

Wen Jiabao’s Visit

Premier Wen knows the bilateral issues well enough. He and Prime Minister Manmohan Singh have met over 20 times during their tenures as heads of governments at different diplomatic forums and have discussed way to improve ties and deal with the problem areas. Wen came to India with a 400-strong Chinese business delegation, set his eyes on commerce and investments, avoided controversies and on the whole made a positive public impression. This was his second visit. During his 2005 visit he had signed the principles to settle the boundary issue –which seemed important then but has been nullified because of its generalities and differences over interpretation. He has a good reputation as a reformer and as a leader interested in stable relations with India. In the five years since his past visit ties however have become entangled, new problems have been added. In some ways this was a damage control mission, arranged hurriedly during the G-20 summit in Seoul where he met Manmohan Singh on the sidelines. Prior to the summit it was felt by some that a positive assessment of the visit would depend on whether he addresses two Indian concerns. One, what stand he takes on India’s persistent demand to do away with China’s policy of issuing stapled visas to Indians from Jammu and Kashmir, and two, whether he declares an unequivocal support to Indian candidature for United Nations Security Council’s permanent membership. Dodging of these issues by China is increasingly being seen as an unfriendly act in India. On both these issues the Chinese Premier remained non-committal or stuck to generalities. On the issue of terrorism, he took a general position opposing it in all forms. However, China has prevented the United Nations from imposing sanctions on Lashkar-e-Tayyeba chief Hafiz Saeed and his charity and terror front, Jamaat-ud Dawa (JuD). Nor has China before or during Wen’s visit even hinted at the need for Pakistan to bring to book the perpetrators of the 26/11 Mumbai attacks. China continues to handle its strategic ally Pakistan with kid-gloves. These postures do not create confidence about Chinese stated positions and intentions. So what was achieved? Little that is tangible on resolving the large areas of differences; but some hopes have been raised within the political establishment by Wen’s assurances and apparent attention to India’s concerns. According to an Indian official comment -- "We have made it very clear that issues involving the Indian state of Jammu and Kashmir are a core concern for us, as Tibet and Taiwan are core concerns for them." However, he added, that efforts to improve ties would continue. "We will move towards trying to find agreement on those issues while not letting them impact on areas where we can move ahead." In the two rounds of talks between Prime Minister Manmohan Singh and Premier Wen the “stapled visa” issue could not be undone. They therefore agreed on a mechanism to address the matter. They also decided to discuss the break in high-level defence exchanges — suspended by India as a result of Chinese denial of visa to the Commander, Northern Command --by creating a basis for them to “continue without constraints.” The immediate “constraint” is the stapled visa, which challenges India’s sovereignty and territorial integrity. In the absence of a resolution of this issue, India refused to include in the joint statement references to Chinese sovereignty in Tibet and ‘one-China' that have been part of the previous three joint statements. The reference in the joint statement to deepening bilateral relations on the basis of “sensitivity for each other's concerns” was the compromise formulation. India’s insistence on reciprocity and seeming assertiveness are a refreshing change from its previous docile posture that China had begun to take for granted.

Trade and Economic Relations

Highlights: · India-China total trade crossed the target of US$ 60 billion for 2010 and stood at US$ 61.74 billion, recording an increase of more than 52%. · India’s exports to China for year 2010 reached US$ 20.86 billion, a growth of more than52% when compared to year 2009. However, India’s exports to China in 2010 were only slightly more than the figure for year 2008 when our exports reached US$ 20.34 billion. India’s exports in 2010 recorded an increase of only 2.5%. · China’s exports to India for year 2010 reached US$ 40.88 billion, an increase of almost 41% compared to 2009. · The trade deficit for India for year 2010 stood at more than US$ 20 billion, more than US$ 15.87 billion trade deficit in year 2009. · The total trade for the first five months of 2011 (Jan-May) stood at US$ 29.36 billion, year-on-year increase of 17.15 %. The trade deficit in this period was US$ 7.69 billion · 2008- US$257 million in 92 projects ( turnover realized was US$88.1 million and the cumulative committed FDI from India into China in the projects till 2008 wasUS$898 million in 426 projects) · Jan-Sep 2009- 30 million in 57projects.

On the issue of dams on rivers, China, according to Indian officials, hinted at a changed stance. Both sides agreed to further discuss India's suggestion for increased cooperation on trans-border river issues over and above the expert level mechanism for the Brahmaputra and the Sutlej. With large projects on the anvil on its sides and China’s claims on Arunachal it remains to be seen whether it will actually share full data on water flow and cooperate so that India and Bangladesh are not affected. The two countries also made some progress by opening consultations on maritime security and agreed that freedom of navigation should be in line with international laws. Despite the suspension of defence exchanges at the higher level, they decided to work together in tackling piracy in the Gulf of Aden, where both sides have deployed their navies. These areas of agreement are important for sustaining engagement in the context of differences over vital sovereignty, national security and trade issues. Changed Context

A little over two decades ago with the Cold War coming to a close and the Soviet Union and China on the anvil of fundamental changes, India and China had agreed on a framework of engagement and development of their ties. Prime Minister Rajiv Gandhi’s talks with Deng Xiaoping and Communist Party General Secretary Zhao Ziyang in December 1988 laid a six fold plan – resumption of high level political exchanges and summits, confidence building between the two militaries, maintaining the status quo on the territorial issue, expanding trade and economic ties, and normalizing tourism, cultural and intellectual exchanges, and parallel discussions on ways to resolve disputes. Despite different and often competing strategic visions this framework has been useful and has significantly changed the content and tenor of the relationship over the past two decades.

The strategic context however has undergone dramatic changes over the past two decades. The Soviet Union has disintegrated, the United States, Japan and Europe are in deep recession, China’s power has dramatically grown and looms large in international perceptions, and India is rising. As a result nationalism has been growing within the prosperous Chinese elites and professional classes, propelling China to be increasingly assertive in its external relations. It does not see any reason to reach settlements on sovereignty claims and strategic differences that would seem as making ‘concessions’. The desire to drive an ever harder bargain and the introduction of new complexities such as the 'stapled visa’ issue in the relationship with India has made dispute resolution – an important goal of the 1988 framework—difficult. Relations have as a result frayed. India would do well to take a comprehensive view of the relationship, including the sovereignty issues, not be maneuvered to make new diplomatic concessions in order to overcome some of the new hurdles that China has introduced, such as stapled visas. If China does not untie the knot it has created in Jammu and Kashmir and Arunachal India would have no other option but to re examine its Tibet and Taiwan policies.

Overall, India’s relationship with China is poised at the cross-roads. It can go in several directions depending on how the two deal with each other’s concerns and their ability to reach a reasonable settlement on some of the pending issues. Both need a stable, sensitive, and a productive and working relationship as their status and power in the world changes. The rest of Asia too wants to see peace and stability maintained in this major relationship of the 21st century. But the relations could also deteriorate if the sincerity of engagement falters. Wen’s visit would have played a positive role if it contributes to lessening the complexities that have emerged, resolve some of the pending issues and helps forge a stronger understanding of the interests that tie the two countries.

Social Thinkers

Social Thinkers

What would Sociology be without its great sociological thinkers who have contributed so much to this mother of social sciences? A study of some of the major thinkers of sociology and their important theories and viewpoints.

L.H Morgan Sir Edward Evans Pritchard Ruth Benedict Margaret Mead G. H Mead C.H Cooley B. Malinowski Alfred Schultz Herbert Marcuse Edmund Leach Ralph Linton Peter M. Blau Franz Boas Auguste Comte Emile Durkheim Herbert Spencer Karl Mannheim Karl Marx Pareto R.K Merton Sigmund Freud Pitirim Sorokin Talcott Parsons Ferdinand Tonnies Veblen Plato Thomas Hobbes Sir Edward Burnett Taylor Karl Polyani Alfred Louis Kroeber Erving Goffman James George Frazer Ralph Dahrendorf Raymond Firth Radcliffe Brown

Indian Thinkers M. N. Srinivas Gail Omvedt Andre Béteille G.S Ghurye Yogendra Singh

THE GOVERNOR OF A STATE

Overview:

• Governors and Lieutenant-Governors of states and Union Territories have powers at the state level similar to that of the President at the Union level

• Governors preside over states while Lieutenant-Governors preside over Union Territories and NCT Delhi

• The office of the Lieutenant-Governor exists only in the Union Territories of Andaman & Nicobar Islands, Pondicherry and NCT Delhi. Other Union Territories have an Administrator, who is usually an IAS officer.

Conditions of service:

• Governors and Lieutenant-Governors are appointed by the President for a period of 5 years

• The Governor or Lieutenant-Governor can be dismissed by the President on the recommendation of the Prime Minister

• Unlike the President, Governors and Lieutenant-Governors can not be impeached

POWERS OF THE GOVERNOR

• Executive powers:

1. All executive powers of the state government are vested in the Governor

2. The Governor appoints the Chief Minister and the Council of Ministers

3. He allocates portfolios to the Ministers based on the advice of the Chief Minister

4. The Governor appoints the judges of the District Courts

5. The President consults the Governor in the appointment of the judges of the High Court

6. The Governor appoints the Advocate General and members of the state Public Service Commission

• Legislative powers:

1. The Governor summons sessions of both Houses of the state legislature and prorogues them

2. The Governor can dissolve the state Legislative Assembly (Vidhan Sabha) on the advice of the Chief Minister

3. Bills passed by the legislature can become law only on the assent of the Governor

4. The Governor can return non-Money Bills to the legislature for reconsideration. However, if the legislature sends it back without modification, the Governor must give his assent

5. The Governor can reserve certain Bills for consideration by the President

6. The Governor can promulgate Ordinances. These ordinances must be approved by the legislature at its next session. Ordinances remain valid for no more than 6 weeks from the date of convening of the legislature

• Financial powers:

1. The Governor causes to be laid before the legislature the annual state Budget

2. Money Bills can be introduced in the legislature only on the prior recommendation of the Governor

3. The Governor can make advanced from the Contingency Fund of the State to meet unforeseen expenditure
4. The Governor constitutes the state Finance Commission

• Discretionary powers:

1. When no political party gets a majority in the Legislative Assembly, the Governor can appoint the leader of the largest party or the largest coalition as the Chief Minister

2. The Governor can recommend to the President imposition of President’s rule in the state

Oriental Bank of Commerce Probationary Officers Exam., 2009 – reasoning paper

Oriental Bank of Commerce Probationary Officers Exam., 2009

(Held on 13-12-2009)

Reasoning : Solved Paper

1. In a certain code ‘PLANT’ is written as ‘$@2*©’ and ‘YIELD’ is written as ‘β64@%’. How is ‘DELAY’ written in that code ?
(A) β4*2%
(B) β4@2%
(C) %42@β
(D) %4@2β
(E) None of these
Ans : (D)

2. How many meaningful English words can be formed with the letters ARILT using each letter only once in that word ?
(A) None
(B) One
(C) Two
(D) Three
(E) More than three
Ans : (C)

3. D said, “A’s father is the only brother of my sister’s son.” How is A’s father related to D ?
(A) Cousin
(B) Nephew
(C) Aunt
(D) Data Inadequate
(E) None of these
Ans : (B)

Directions—(Q. 4–6) The following questions are based on the five three digit numbers given below—
394 632 783 576 895

4. If the positions of the first and the second digit within each number are interchanged, which of the following will be the second highest number ?
(A) 632
(B) 783
(C) 576
(D) 895
(E) 394
Ans : (E)

5. If the first and second digits of each of the numbers are added the resulting sum of which of the following numbers will not be exactly divisible by 3 ?
(A) 895
(B) 394
(C) 576
(D) 632
(E) 783
Ans : (A)

6. If 2 is added to the last digit of each number and then the positions of the first and the third digits are interchanged, which of the following will be the highest number ?
(A) 576
(B) 895
(C) 783
(D) 394
(E) 632
Ans : (A)

7. If ‘A’ is coded as 1, ‘B’ as 3, ‘C’ as 5 and so on, which of the following is the numerical value of the word ‘FAZED’ ?
(A) 81
(B) 79
(C) 77
(D) 80
(E) None of these
Ans : (B)

8. Which of the following pairs of words have the same relationship as FAN : HEAT ?
(A) Water : Drink
(B) Light : Night
(C) Teach : Student
(D) Air : Breathe
(E) Food : Hunger
Ans : (B)

9. Q types faster than R but not as fast as V.T types faster than R S types faster than V. Who amongst the fiveof them types the fastest ?
(A) V
(B) T
(C) S
(D) Data Inadequate
(E) None of these
Ans : (D)

10. If ‘B ×C’ means ‘B, is the daughter of C’, ‘B + C’ means ‘B is the husband of C’ and ‘B – C’ means ‘B is the sister of C’, then what does ‘M + N – P ×Q’ mean ?
(A) M is the brother-in-law of Q
(B) M is the uncle of Q
(C) M is the son-in-law of Q
(D) M is the mother-in-law of Q
(E) None of these
Ans : (C)

Directions—(Q. 11–17) Read the following passage carefully and answers the questions given below it—
A group of seven friends, A, B, C, D, E, F and G work as Economist, Agriculture Officer, IT Officer, Terminal Operator, Clerk, Forex Officer and Research Analyst, for Banks L, M, N; P, Q, R and S but not necessarily in the same order. C works for Bank N and is neither a Research Analyst nor a Clerk. E is an IT Officer and works for Bank R. A works as Forex Officer and does not work for Bank L or Q. The one who is an Agriculture Officer works for Bank M. The one who works for Bank L works as a Terminal Operator. F works for Bank Q. G works for Bank P as a Research Analyst. D is not an Agriculture Officer.

11. Who amongst the following works as an Agriculture Officer ?
(A) C
(B) B
(C) F
(D) D
(E) None of these
Ans : (B)

12. What is the profession of C ?
(A) Terminal operator
(B) Agriculture Officer
(C) Economist
(D) Cannot be determined
(E) None of these
Ans : (C)

13. For which Bank does B work ?
(A) M
(B) S
(C) L
(D) Either M or S
(E) None of these
Ans : (A)

14. What is the profession of the person who works for Bank S ?
(A) Clerk
(B) Agriculture Officer
(C) Terminal Operator
(D) Forex Officer
(E) None of these
Ans : (D)

15. For which Bank does D work ?
(A) Q
(B) L
(C) N
(D) S
(E) None of these
Ans : (B)

16. Who amongst the following works as a Clerk ?
(A) C
(B) B
(C) F
(D) D
(E) None of these
Ans : (C)

17. Which of the following combinations of person, profession and bank is correct ?
(A) A-Forex Officer-M
(B) D-Clerk-L
(C) F-Agriculture Officer-Q
(D) B-Agriculture Officer-S
(E) None of these
Ans : (E)

Directions—(Q. 18–23) In each of the questions below are given four statements followed by four conclusions numbered I, II, III and IV. You have to take the given statements to be true even if they seem to be at variance with commonly known facts. Read all the conclusions and then decide which of the given conclusions logically follows from the given statements disregarding commonly known facts.

18. Statements :Some stones are rocks.
All rocks are boulders.
Some boulders are mountains.
All hills are mountains.
Conclusions :
I. Some stones are mountains.
II. Some hills are boulders.
III. Some boulders are stones.
IV. All mountains are hills.
(A) None follows
(B) Only II follows
(C) Only II and III follow
(D) Only III follows
(E) None of these
Ans : (D)

19. Statements :
All arrows are bows.
All bows are swords.
Some swords are daggers.
All daggers are knives.
Conclusions :
I. All knives are bows.
II. Some swords are knives.
III. All bows are arrows.
IV. All arrows are swords.
(A) Only II follows
(B) Only II and IV follow
(C) Only III and IV follow
(D) Only I and III follow
(E) None of these
Ans : (B)

20. Statements :Some pianos are violins.
Some violins are drums.
All drums are guitars.
No guitar is a flute.
Conclusions :I. Some guitar are pianos.
II. Some drums are flutes.
III. Some pianos are drums.
IV. No flute is a drum.
(A) None follows
(B) Only I follows
(C) Only either II or IV follows
(D) Only IV follows
(E) None of these
Ans : (D)

21. Statements :Some airplane are helicopters.
All helicopters are gliders.
All gliders are kites.
All kites are balloons.
Conclusions :I. Some helicopters are balloons.
II. All kites are airplanes.
III. All balloons are gliders.
IV. All helicopters are kites.
(A) Only IV follows
(B) Only either II or III follow
(C) Only III follows
(D) Only I follows
(E) None of these
Ans : (A)

22. Statements :
All kings are warriors.
All soldiers are warriors.
All sentries are warriors.
Some sentries are soldiers.
Conclusions :I. Some sentries are kings.
II. All warriors are soldiers.
III. Some warriors are sentries.
IV. Some soldiers are kings.
(A) None follows
(B) Only I follows
(C) Only II follows
(D) Only II and III follow
(E) None of these
Ans : (E)

23. Statements :All plastics are glasses.
Some glasses are wood.
Some woods are metals.
All metals are cloths.
Conclusions :I. Some cloths are wood.
II. Some woods are both cloths and glasses.
III. Some glasses are plastics.
IV. Some cloths are metals.
(A) None follows
(B) All follow
(C) Only II and IV follow
(D) Only I and II follow
(E) None of these
Ans : (B)

Directions—(Q. 24–25) Read the information given below carefully and then answer the questions that follow. In a certain code language :
I. ‘she likes apples’ is written as ‘pic sip dip’.
II. ‘parrot likes apples lots’ is written as ‘dip pic tif nit’.
III. ‘she likes parrots’ is written as ‘tif sip dip’.

24. How is ‘parrot’ written in that code language ?
(A) pic
(B) dip
(C) tif
(D) Cannot be determined
(E) None of these
Ans : (C)

25. Which of the following statements is not necessary in order to answer the above question ?
(A) I
(B) II
(C) III
(D) All are required
(E) Either II or III
Ans : (B)

Directions—(Q. 26–30) Study the following arrangement carefully and answer the questions given below :
S M P 6 3 * $ A 4 L N @ Z 5 # V U 7 E 8 B % T Y X G 2 I & 9 W

26. Which of the following is the third to the left of the fifteenth from the left end ?
(A) @
(B) 5
(C) 7
(D) U
(E) None of these
Ans : (A)

27. How many such consonants are there in the above arrangement each of which is immediately followed by an even number and preceded by a symbol ?
(A) None
(B) One
(C) Two
(D) Three
(E) More than three
Ans : (A)

28. What should come in place of the question-mark (?) in the following series based on the above arrangement ?
P M 3 A $ L Z @ # ?
(A) U V E
(B) V # E
(C) 7 U 8
(D) V 7 #
(E) None of these
Ans : (C)

29. Four of the following five are alike in a certain way based on their position in the above arrangement and hence form a group.
Which is the one that does not belong to that group ?
(A) A 4 *
(B) T B Y
(C) 9 I W
(D) V 5 U
(E) P S 6
Ans : (A)

30. How many such numbers are there in the above arrangement each of which is immediately followed by a vowel and immediately preceded by a consonant ?
(A) None
(B) One
(C) Two
(D) Three
(E) More than three
Ans : (B)

Directions—(Q. 31–35) Below in each question are given two statements I and II. These statements may be either independent causes or may be effects of independent causes or a common cause. One of these statements may be the effect of the other statement. Read both the statements and then decide which of the following answer choice correctly depicts the relationship between these two statements. Mark answer—
(A) if statement I is the cause and statement II is its effect.
(B) if statement II is the cause and statement I is its effect.
(C) if both statement I and II are independent causes.
(D) if both statements I and II are effects of independent causes.
(E) if both statement I and II are effects of some common cause.

31. I. The government has amended tax laws to boost exports.
II. The export sector has been passing through difficult times due to heavy tax burdens.
Ans : (B)

32. I. Budgetary allocation for building a better railway network e.g. constructing new railway lines has increased.
II. There has been a substantial drop in the number of passenger opting for air travel.
Ans : (D)

33. I. The production of pulses has dropped for the third consecutive year.
II. India has decided to import pulses this year.
Ans : (A)

34. I. The Bank has provided a link on its website to obtain feed-back from customers.
II. Customers have been complaining about poor services in the Bank’s branches.
Ans : (B)

35. I. Indian citizens are willing to incur the cost of using environment friendly technology.
II. Many countries are taking steps to cut their carbon emissions.
Ans : (E)

Directions—(Q. 36–40) Below is given a passange followed by several possible inferences which can be drawn from the facts stated in the passage. You have to examine each inference separately in the context of
the passage and decide upon the degree of its truth or falsity. Mark answer—
(A) if the inference is ‘definitely true’ i.e. it properly follows from the statements of facts given.
(B) if the inference is ‘probably true’ though not ‘definitely true’ in the light of the facts given.
(C) if the ‘data are inadequate’ i.e. from the facts given you cannot say whether the data is likely to be true or false.
(D) if the inference is ‘probably false’ though not ‘definitely false’ in the light of the facts given.
(E) if the inference is ‘definitely false’ i.e. it cannot be drawn from the given facts or contradicts the given facts.
The pace of recruitment has unmistakably picked up in the last few months. After two abysmal quarters the business sentiment has turned positive. A flurry of hiring activity has been observed across the manufacturing sector and the IT and ITES sector catering to telecom and legal process outsourcing. The advent of new players and an aggressive expansion of telecom giants has seen a bullish outlook for the industry with a promise of exponential growth. But is the worst over for businesses across the spectrum ? Firms are going back to the drawing board and dusting off their plans to see if there is scope for atleast incremental hiring in specific domains where they want to build expertise. Besides that there are few signs to show that there is a broad based revival in the market.

36. Companies in various sectors have projected higher business growth in the near future.
Ans : (B)

37. The telecom sector has experienced negative growth in the past few years.
Ans : (D)

38. Many companies in the manufacturing sector have decided to reduce their fresh intake of employees.
Ans : (C)

39. Persons with legal qualifications and expertise will earn more in the future.
Ans : (C)

40. Most companies across sectors have decided to increase their manpower requirement manifold.
Ans : (A)

Directions—(Q. 41–45) In each question below is given a group of letters followed by four combinations of digits/symbols lettered (A), (B), (C) and (D). You have to find out which of the combinations correctly represents the group of letters based on the coding system and mark the letter of that combination as your answer. If none of the combinations correctly represents the group of letters, mark (E) i.e. ‘None of these’ as
your answer.
Letter :
T A G R S D N E V U X P
Digit/Symbol Code :
@ 4 9 # % 3 ©5 1 β7 6
Conditions—(i) if the first letter is a consonant and the last letter is a vowel only the first letter may be coded and no code
may be given to the last letter.
(ii) if both the first and last letters are vowels then both are to be coded as $.
(iii) if the first letter is a vowel and the last letter is a consonant then the codes are to be interchanged.

41. DESGRT
(A) 35%9#
(B) 35%9#@
(C) @5%9#3
(D) 359%#@
(E) None of these
Ans : (B)

42. NERSPU
(A) @5#%6@
(B) @5#56©
(C) ©5#%6
(D) ©5#%6β
(E) None of these
Ans : (C)

43. XNTPGA
(A) 7©@694
(B) 7©@964
(C) 4©@69
(D) 7©@69
(E) None of these
Ans : (D)

44. ESVNTU
(A) $%1©@$
(B) 5%1©@β
(C) $%1©@β
(D) $%1©β 5
(E) None of these
Ans : (A)

45. UXPTGN
(A) ©76@9β
(B) $76@9©
(C) β 76@9©
(D) β 76@9B
(E) None of these
Ans : (A)

Directions—(Q. 46–50) In each question below is given a statement followed by two courses of action numbered I and II. A course of action is a step or administrative decision to be taken for improvement, follow-up or further action in regard to the problem, policy etc. On the basis of the information given in the statement, you have to assume everything in the statement to be true and then decide which of the suggested courses of action logically follows for pursuing. Given answer—
(A) if only Course of action I follows.
(B) if only Course of action II follows.
(C) if either Course of action I or Course of action II follows.
(D) if neither Course of action I nor Course of action II follows.
(E) if both courses of action I and II follow.

46. Statement : An increasing number of graduates produced by Indian universities are unemployable.
Courses of action :I. Colleges and Institutes of higher learning should be given greater autonomy to decide course content.
II. World class foreign universities should be encouraged to set up campuses in India.
Ans : (A)

47. Statement : Heavy rains hit the state during October, just before the State Assembly elections and caused heavy damage to standing crops in most parts of the state.
Courses of action :I. Elections should be postponed to give candidates the opportunity to campaign.
II. The Government should announce a relief package for those who are affected.
Ans : (B)

48. Statement : Cell phone users have found that tariff plans are not as attractive as promoted by telecome companies and complained to regulatory authority about the same.
Courses of action :I. The regulatory authority should direct telecome companies to be transparent on the tariff structure of all plans.
II. The government should restrict the number of telecome companies operating in the country.
Ans : (A)

49. Statement : A number of school children in the local schools have fallen ill after the consumption of their subsidised tiffin provided by the school authority.
Courses of action :I. The tiffin facility of all schools should be discontinued with immediate effect.
II. The government should implement a system to certify the quality of tiffin provided by the school.
Ans : (B)

50. Statement : The dolphin population in India has been decreasing sharply over the past few years.
Courses of action :
I. Dolphins should be declared an endangered species and be bred in aquariums or protected areas.
II. Locals should be enlisted to protect dolphins.
Ans : (E)

Directions—(Q. 51–60) Study the following information carefully and answer the questions which follow :
A Research Institute is recruiting a libration to digitise its information resources among other duties. Candidates must possess the following criteria. The candidate must :
I. be not less than 35 years and not exceed 40 years as on 01- 11-2009.
II. have a Bachelor’s Degree in Library and Information Science with 65 per cent marks.
III. have a Ph.D. in Library Science.
IV. have post qualification experience of at least 4 years in a University Library.
However if the candidate fulfils the above mentioned criteria except—
(a) at (II) above but the candidates has a UGC NET certification with all the other above criteria fulfilled he/she may be referred to the Dean.
(b) at (IV) above but all the eligibility criteria are met and the candidate has at least one year’s experience in a research institute he/ she may be offered contractual appointment for a year.
Based on the above criteria study carefully whether the following candidates are eligible for the recruitment process and mark your answer as follows. You are not to assume anything other than the information provided in each question. All cases are given to you as on 1-11-2009.
Mark answer :
(A) if he/she is to be shortlisted.
(B) if he/she is not to be shortlisted.
(C) if he/she should be referred to the Dean.
(D) if he/she may be offered contractual appointment if required.
(E) if the data provided is inadequate to take a decision.

51. Anil Rath has a doctorate in Library Science from Karnataka University in 2003. Born on July 21, 1969, he graduated in Library and Information Science from Karnataka University where he was Assistant Librarian for four years since 2005.
Ans : (B)

52. Dr. Samir Bali has a Ph.D. in Library Science and has been with the Institute of Fundamental Research as Assistant Librarian since October 2008. He graduated with a degree in Library and Information Science in 1994 at the age of 22. He obtained 70 per cent in his graduation.
Ans : (D)

53. Vaishali Shetty has a librarian at STS University since 2007 when she qualified in the UGC NET examination. She has a degree in Library and Information Science with 60 per cent. Her first job was as junior librarian at TRP Institute of Development Research from October 2000 to December 2001.
Ans : (B)

54. Vivek Jha has a Ph.D. in Library and Information Science. He graduated in Library and Information Science in 1992 with 65 per cent. He was born on 1-10- 1974. Since July 2005, he has been working as Deputy Librarian at a deemed University.
Ans : (A)

55. A graduate in Library Science with 69 per cent Dr. M. Puri has been working at Ranchi University for 4 years as Deputy Librarian. She earned her doctorate while working for the Labour Research Institute for 5 years as Assistant Librarian. She is 38 years old as on the required date.
Ans : (A)

56. Megha Vaidya has a graduate degree in Library Science from Punjab University where she has been a librarian for the past 5 years. In 2002 she obtained her UGC NET qualification at the age of 29. She obtained 72 per cent graduation.
Ans : (E)

57. Anup Gupta is obtaining his Ph.D. from YCM University where he has been Junior Librarian since 2004. He qualified in the UGC NET exam. in June, 2000. He has a degree in Library and Information Science with 62 per cent. His date of birth is 17-10-1973.
Ans : (B)

58. Kirti Shukla obtained her doctorate and Bachelor’s degree from Patna University. She obtained 63 per cent at graduation. She obtained her UGC NET qualification in 1998 when she was 26.
Ans : (E)

59. Prakash Sinha has been a librarian for a government institution for three years. Prior to this he was a University Librarian for 7 years after completing his Ph.D. in Library Science. He graduated in 1991 with 68 per cent in Library Science. He is exactly 40 years of age on the specified date.
Ans : (A)

60. Rohan Sachdev obtained his UGC NET qualification after his graduation in 1998 when he began working. He has been Assistant Librarian for the past two years with a research instiute. He obtained 65 per cent in his graduation in Library Science. He earned his Ph.D. in Library Science in 2007. His date of birth is 22-10-1974.
Ans : (D)