Everything about Surrogacy

What is surrogacy?

  • Surrogacy is where a woman becomes pregnant with the intention of handing over the child to someone else after giving birth.
  • Generally, she carries the baby for a couple or parent who cannot conceive a child themselves – they are known as “intended parents”.
  • There are two forms of surrogacy.
  • In traditional surrogacy, the surrogate mother’s egg is used, making her the genetic mother.
  • In gestational surrogacy, the egg is provided by the intended mother or a donor.
  • The egg is fertilised through in vitro fertilisation (IVF) and then placed inside the surrogate mother.

Is surrogacy legal?

  • It varies from country to country.
  • Countries such as France, Germany, Italy, Spain, Portugal and Bulgaria prohibit all forms of surrogacy.
  • In countries including the UK, Ireland, Denmark and Belgium, surrogacy is allowed where the surrogate mother is not paid, or only paid for reasonable expenses.
  • Paying the mother a fee (known as commercial surrogacy) is prohibited.
  • Commercial surrogacy is legal in some US states, and countries including, Russia and Ukraine.

Where do people go for surrogacy?

  • countries popular with parents for surrogacy arrangements are the US,  Thailand, Ukraine and Russia.
  • Mexico, Nepal, Poland and Georgia are also among the countries described as possibilities for surrogacy arrangements.
  • Costs vary significantly from country to country, and also depend on the number of IVF cycles needed, and whether health insurance is required.

Cambodia the new destinations:

  • While Cambodia has become popular among people — both Indians and from other parts of the world — countries such as Ukraine and Kenya are attracting doctors from India.
  • India is no longer on the surrogacy map and after Bangkok and Thailand stopped surrogacy, Cambodia opened up.
  • As in the early days of surrogacy in India, the lack of proper laws or guidelines in Cambodia has proved a big attraction.
  • There is growth in surrogacy in Cambodia since last year.
  • There is a huge pressure building and Cambodia is ill-prepared to handle it.
  • Besides, there are no laws in place in Cambodia.
  • Doctors who offered surrogacy service in India are aware of the new hubs.

Everything about Ordinance

What is an ordinance and who makes it?

  • Article 123 of the Indian Constitution grants the President of India to Promulgate Ordinances when either of the two Houses of the Parliament is not in session which makes it impossible for a single House to pass and enact a law.
  • Ordinances may relate to any subject that the parliament has the power to make law, and would be having same limitations.

When an ordinance can be issued?

  • When legislature is not in session.
  • When immediate action is needed: Here the Supreme Court has clarified that the legislative power to issue ordinances is ‘in the nature of an emergency power’ given to the executive only ‘to meet an emergent situation’.

How parliament exercises control over ordinance making power of President? 

  • The constitution provides two parliamentary checks vis-a-vis the promulgation of ordinance [Art 123(2) (a)]:
  • The power of parliament to pass resolutions disapproving the provisions of the ordinance.
  • The automatic expiry of the ordinance within six weeks of the reassembly of the houses of the parliament unless passed by the parliament; this gives a chance for the parliament to debate on the ordinance and review it accordingly.

Ordinance making powers of the Governor

  • Just as the President of India is constitutionally mandated to issue Ordinances under Article 123, the Governor of a state can issue Ordinances under Article 213, when the state legislative assembly (or either of the two Houses in states with bicameral legislatures) is not in session.
  • The powers of the President and the Governor are broadly comparable with respect to Ordinance making.
  • However, the Governor cannot issue an Ordinance without instructions from the President in certain cases where the assent of the President would have been required to pass a similar Bill.

Key debates relating to the Ordinance making powers of the Executive.

  • There has been significant debate surrounding the Ordinance making power of the President (and Governor).
  • Constitutionally, important issues that have been raised include:
  • Judicial review of the Ordinance making powers of the executive;
  • The necessity for ‘immediate action’ while promulgating an Ordinance;
  • And the granting of Ordinance making powers to the executive, given the principle of separation of powers.

Important Cases:

  • In 1970, RC Cooper vs.Union of India Case the Supreme Court, held that the President’s decision on Ordinance could be challenged on the grounds that ‘immediate action’ was not required; and the Ordinance had been passed primarily to by-pass debate and discussion in the legislature.
  • In 1980, AK Roy vs.Union of India case the Court argued that the President’s Ordinance making power is not beyond the scope of judicial review.

Important Commitees

N.K.Singh committee To review the FRBM Act of 2003
Ratan Watal Committee On digital payments
Anil Kakodkar Committee On railway safety
A.K.Bhargava Net Neutrality
Madhukar Gupta committee India Pakistan Border issue
Aravind Subramanian Tackle shortage of pulses in India
Bibek Debroy committee Railways and privatization of railways
Shekatkar committee Defense
Shyam Benegal committee Film certification
Shankar Acharya committee To pre pone the financial year to Jan from Apr
Sailesh Nayek Committee Coastal Regulation Zone
Harun Rashid Khan Committee Corporate bond market
Kelkar committee PPP
Parthasarthy Shome committee GAAR recommendations
Madhav Chitale committee De-saltation of Ganga
Amitabh Kant committee
  • look at easing the policy regime for e-commerce players, including the rules for foreign direct investment
  • Bottlenecks of digital payments

 Parliamentary vs Presidential System

Does India need a presidential system?

Arguments :-

  1. Against

Debate can be divided in to feasibility and desirability

  1. In the existing constitutional scheme, change is not possible. Supreme court of India already held parliamentary form of Government as part of the basic structure of the constitution.
  2. Presidential system centralizes power and chances of it turning in to an authoritative system are high.
  3. If India’s diversity is taken in to consideration, it is not advisable to have a presidential system. Presidential system do not reflect the diversity well.
  4. Presidential system can create a stalemate situation between executive and legislature.

2. Favor

  1. Presidential system allows for quick decision making . Fixed term for executive makes him invulnerable from the politics of the day and provides stability. Decisiveness is necessary for India to deal with its enormous challenges.
  2. Accountability is better in Presidential system. Unlike in parliamentary system where Executive enjoys majority, there is no guarantee for the same in presidential system.
  3. President appoints his officers. It can bring in more talent in to the system.
  4. Parliamentary system have distorted voting preference of voters. It mean that voters are forced to vote for a candidate to have a particular leader as CM or Prime Minister.
  5. India will not have a US style two party grid lock. So issue based coalitions comes in to picture. It helps for greater debate in the houses.
  6. Most of the legislatures coming in to the houses are with little legislative experience and are participating in elections to get hold of executive power. It mean that they can not act as an effective legislative control.

What is Article 35A of Constitution: Jammu and Kashmir 

Article 35A

  • Article 35A gives the Jammu and Kashmir legislature the power to define the “permanent residents” of the state and provide them with special rights and privileges.
  • Article 35A offers special privileges to state subjects of J&K in matters related to employment, acquisition of immovable property, settlements and scholarships in relation to Article 370 of the Constitution.
  • The provision bars citizens from other parts of the country from acquiring immovable property in the state, taking up jobs with the state government, availing of state-sponsored scholarships or settling permanently anywhere in the Valley.

WRITS Under Article 32

Literal Meaning

  • Habeas Corpus – to have the body of
  • Mandamus – command/order to do the duty to public official
  • Prohibition – to forbid higher court to lower court – prevent from exceeding the jurisdiction (in between the trial)
  • Certiorari – to be certified – superior court to inferior court to squash the order or transfer the case (at the end of the trial)
  • Quo Warranto – By what warrant – Authority or claim of a person to office

 

Writs – Constitutional Meaning

  • Habeas Corpus 
    • Have the body of
    • Produce the detainee
  • Mandamus 
    • Command
    • Against public authority
    • To have him do duty
  • Prohibition
    • Forbid
    • HC to lower court
    • To stop trail
    • Against judicial and quasi judicial
    • preventive
  • Certiorari
    • Certified
    • HC to lower
    • Transfer or squash judgment
    • Preventive and curative
    • Judicial + quasi judicial + administrative
  • Quo Warranto 
    • Authority or warrant
    • Against state – public authority