The President addressed the Parliament on 12 March 2012.  Below are some items from the agenda of the central government as outlined in the speech. Legislation

  • A Bill to eliminate manual scavenging and insanitary latrines shall be introduced in Parliament.
  • New legislation is being considered for persons with disabilities, in order to replace the existing Act.
  • A Bill to provide for a uniform regulatory environment to protect consumer interests, enable speedy adjudication and ensure growth of the real estate sector shall be introduced.
  • A Bill to create a Civil Aviation Authority to ensure safe and affordable air services will be introduced this year.
  • The government is working on legislation for safeguarding and promoting the livelihoods of street vendors.
  • Amendments shall be made to the Child Labour (Prohibition and Regulation) Act to prohibit employment of children less than 14 years of age.
  • Government will aim for early enactment of the Land Acquisition, Rehabilitation and Resettlement Bill.

Workforce Development

  • 1500 new Industrial Training Institutes and 5000 Skill Development Centres shall be set up.  Skill training will be provided to 85 lakh people during 2012-13 and to 800 lakh people during the 12th Plan.
  • A National Mission for Teachers shall be established to improve teacher education and faculty development .
  • The National Urban Livelihoods Mission shall be launched for large-scale skill upgradation, entrepreneurship development and providing wage employment and self-employment opportunities.
  • The expenditure on Research & Development shall be increased from 1 percent to 2 percent of GDP.
  • A Higher Education Credit Guarantee Authority shall be set up in order to provide limited credit guarantees through risk pooling for educational loans.

Health

  • The government will increase national Plan and Non-Plan public expenditure on health to 2.5 percent of GDP by the end of the 12th Plan.
  • The National Rural Health Mission will be converted to a National Health Mission during the 12th Plan, which will also cover urban areas.  Around 7 crore families will be provided health insurance cover under the Rashtriya Swasthya Bima Yojana by the end of the 12th Plan.
  • A Multi-sectoral Nutrition Programme will be launched in 200 districts for maternal and child nutrition needs.
  • A Department for Disability Affairs and the National Council for Senior Citizens shall be set up.

Economy

  • Steps will be taken to reduce the gap of 10 million hectares between irrigation potential created and realized.
  • A scheme for Minimum Support Price for minor forest produce is being considered.
  • A roadmap to double merchandise exports to US$ 500 billion by 2013-14 has been prepared.
  • Public sector banks shall be recapitalized to maintain their financial health.
  • A scheme for promotion of the capital goods industry will be launched during the 12th Plan.
  • Rs 17,500 crore shall be provided to the Delhi Mumbai Industrial Corridor for infrastructure projects.
  • The National Electricity Fund shall be set up to provide interest subsidy on loans disbursed to State Power Utilities.
  • Installed capacity of nuclear plants shall be increased to 10,080 MW from 4,780 MW by the end of the 12th Plan.

The Gujarat High Court is hearing an important case related to the appointment of the Lokayukta in Gujarat.  The issue is whether the Governor can appoint the Lokayukta at his discretion or whether appointment can be made only upon obtaining the aid and advice of the Council of Ministers led by the Chief Minister. During the period 2006-2010, the Gujarat state government submitted names of two prospective appointees for the post of Lokayukta to the Governor.  But no appointment was made during this period.  On August 26, 2011 the Governor appointed retired judge R.A.Mehta as Lokayukta, whose name was not among those submitted by the state government.  The Gujarat state government moved the High Court to quash the appointment on the ground that the Governor made the appointment without the aid and advice of the Council of Ministers led by the Chief Minister. Section 3 of the Gujarat Lokayukta Act, provides in part that “the Governor shall by warrant under his hand and seal, appoint a person to be known as Lokayukta”.  The Governor acted under this section to make the appointment of Lokayukta.  However, the state government has argued that section 3 has to be understood in light of Article 163(1) of the Constitution.  Article 163(1) provides that the Governor shall be aided and advised in the exercise of his functions by a Council of Ministers with the Chief Minister at the head. Thus, as per this line of argument, the Governor violated the provision of Article 163(1) when she failed to take the aid and advice of the Council of Ministers led by the Chief Minister before exercising the function of appointing the Lokayukta. At the time of writing this post, news reports suggested that the two judges hearing the case are divided over the issue.  It remains to be seen whether this issue will be referred to a larger bench.  The outcome of this case could have wider implications on the constitutional role of governors if it sets guideposts on the extent to which they act independent of the advice of the council of ministers.