Overstepping its boundaries - an autocratic Supreme Court?

 Articles 141, 142 and 144 of the Constitution of India ensure that the Supreme Court is a uniquely powerful institution in our country and has wide powers conferred onto it vide Articles 32 and 136. Such unrestrained power without any accountability to the People of India, makes it autocratic, conceited and even egotistical in its general behavior. While being accused of failing at times to perform its required judicial functions, the SC has made it it’s unrestrained business to interfere in matters that pertain exclusively to the executive branch of the government, the council of ministers selected from the elected members of Parliament, by the citizens of India.  

 Former Prime Minister Dr. Manmohan Singh, had stated in 2007 that “The dividing line between judicial activism and judicial overreach is a thin one. However, substituting mandamus (a type of judicial writ) with a take-over of the functions of another organ may, at times, become a case of over-reach. These are all delicate issues which need to be addressed cautiously. All organs, including the judiciary, must ensure that the dividing lines between them are not breached. This makes for a harmonious functioning.” It is not only the problem of over-reach of the judiciary but also of avoiding its primary responsibility, that of delivery of justice within a reasonable time frame. All this overreach is possible because judges are not made accountable to the citizens under the current framework of our Constitution.

 When challenged with the issue of pendency of cases in various courts, the standard response from the judiciary is to blame the situation on lack of adequate judges and infrastructure to overcome this problem. With a financial budget of Rs 3173.36 crore in 2019-20 which was revised downwards to Rs 2200 crore, mainly on account of the expenses incurred in the holding of Lok Sabha elections in May 2019, (since the Election Commission's expenditure comes under the budget for the Ministry of Law and Justice), the judicial system in our country is not starved for funds.

The above mentioned budgetary allocations by the Union Government for administrative and other expenditure of the Supreme Court of India includes the provision for salaries and travel expenses for the Chief Justice and other Judges, staff and officers of the Registry including the departmental canteen, charges for professional service towards personnel deployed for security and expenditure on establishment related needs including stationery, office equipment, security equipment, maintenance of CCTV and printing of annual Report of the Supreme Court. 

In January 2018, the salary of the Chief Justice of India was revised upwards from Rs. 1 lakh per month to the current salary of Rs. 2.8 lakhs per month; a hike of nearly 200%; and salaries of the judges of the Supreme Court and Chief Justices of the high courts was revised upwards from Rs. 90,000 to Rs. 2.50 lakh per month. Additionally, the Chief Justice receives a Rs 16.8 lakh-plus dearness allowance, the Supreme Court Judges a Rs 15 lakh-plus DA and high court judges Rs 13.5 lakh-plus DA. Their gratuity is around Rs 20 lakh. 

Tax payers can argue that the judges are paid handsomely for the positions that they hold and for the primary task to which they are appointed; viz, dispensing justice to those in need, and dispensing it within a reasonable time frame. They seem to have forgotten the legal maxim that ‘justice delayed is justice denied’. Whether it was the 1993 interference in an then ongoing anti-terrorism military operation in Hazratbal, Kashmir; or that It took seven long years to arrive at conclusion on the Narmada Bachao Andalan case, or its ruling in the Ram Jnama Bhumi case, or its judgement of Diwali firecrackers, or the appointment of an empowered committee in the matter of environmental cases that created a parallel executive apparatus, or its intervention to form a committee to run the Medical Council of India; many such instances of judicial over-reach have been noted.

The Supreme Court is able to do all this because it is not held to account for all its actions. The judiciary is often doing with impunity what the executive could not or can never do, since the executive is answerable to the people. All these instances seem to indicate distrust, and in some cases a disdain for democratically elected institutions. Even more disturbing is the message that it sends to the executive branch. When the Supreme Court decides to intervene in the implementation of policy as decided by elected parliamentarians, it is asserting itself as a dictatorial institution that can interfere and supersede the democratic process of the nation, while being safe within its constitutional protection that allows it to be unanswerable to the citizens of the country, the very taxpayers who afford its judges a comfortable and secured lifestyle. 

 

GROKTALES - THE POWER OF EDUCATION.

"A better learned person is a better citizen".

 

There is a big education quality gap between rural and urban education. Computerization, mobile phone availability & information technology has given us the opportunity to narrow this gap. Quality education can now be delivered at cheaper cost, with faster reach and deeper penetration in rural parts. It can help immensely in empowering rural India. 

The Groktales program is an attempt to provide opportunity for improving the capabilities of children, through provision of quality education in a “mission” mode.

• A program with a clear time frame for universal elementary education.
• A response to demand for quality basic education all over the country.
• An opportunity for promoting social justice through basic education.
• An effort to effectively involve the Panchayat Raj Institutions, School Management Committees, Village and Urban Slum level Education Committees, Parents-Teachers' Associations, Tribal Autonomous Councils and other grass root level structures in the management of elementary schools.
• An expression of social will for universal elementary education across the country.
• A private - public partnership between the Central, State, and local government.
• An opportunity to develop a clear vision of elementary education

The declared educational objectives of the Groktales project are:

• Universal Elementary Education for children in the age group 6-14 years.
• Universal retention in elementary school with Zero drop-out.
• Providing quality & comprehensive education for developing competencies in the children to compete successfully in all India competitions.
• Provision of Education Guarantee Scheme (EGS) Center for those habitations where schools are not available.

There is a gap of quality of education between government run and private schools. This gap can be measured in many ways. Some are:

• Non-Availability of quality content.
• Lack of technology usage.
• Lack of updated information.

1. Old teaching methodology is not effective enough to attract children to school.
2. Non-availability of digital content in regional languages.
3. Non-Availability of subject experts for overall development of the children.

The biggest drawback of any society is lack of right education at the right time. However, technology has provided the opportunity of rural empowerment by providing information directly and at the location of the recipient. Using Virtual Reality, internet access and multi-lingual voice-over technology; quality education can now be offered to the children who were unable to get access to quality education due to their location.

The services provided in the Groktales program include:

• Virtual Reality and Info-Tech based learning applications development and marketing.
• Customized learning product development.
• Learning process and learning infrastructure management solutions.

The Groktales program helps in improving the quality of education and training. It enhances the quality of education in several ways: by increasing learner motivation and engagement, by facilitating the acquisition of basic skills, and by enhancing teacher training.

• It can deliver the following benefits irrespective of the location and reach of the schools:
• Universal access to quality content for students and teachers.
• Presentation, demonstration, and the manipulation of content using productivity tools.
• Use of curriculum-specific applications such as drill and practice, simulations, tutorials, educational games, virtual laboratories, visualizations and graphical representations of abstract concepts, and expert systems.

Motivating to learn Videos and multimedia Virtual Reality software that combine text, sound, and colorful moving images to provide challenging and authentic content that will engage the student in the learning process. This interactive system makes use of sound effects, life-sized VR simulation, and other performance conventions to compel the students to listen and become involved in the lessons being delivered. More so than any other type, this VR system with Internet connectivity can increase learner motivation as it combines the media richness and interactivity of other technologies with the opportunity to connect globally and to participate in world events.

Facilitating the acquisition of basic skills: The re-enforcement of basic skills and concepts, which are the foundation of higher order thinking skills and creativity, can be facilitated by through drill and practice. Virtual Reality technology learning focuses on the mastery of skills and content through repetition and reinforcement.

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Simulated Training Environment ~ The Virtual & Augmented Reality Platform [STE-VARP]

Virtual and Augmented Reality Simulations enable armed forces personnel to plan and rehearse tactical operations prior to execution of operations on-the-ground. The STE-VARP platform offers tactical and per-operational training, as well as total support in the battle-field and post-operational review.

STE-VARP platform allows for training of soldiers from basic level (fresh recruits) to complex special operations [SpecOps] by veteran troops. The versatility of this platform allows for the trainees to be immersed in an environment that creates the geography and topography of any country in the world, replicating the same type of terrain and environment where they will be required to conduct their mission.

Advantages of STE-VARP platform:

- Operational and situational awareness, allowing operation commanders better tools for monitoring troops, operations space, and time management. The troops have on-ground awareness provided by real-time information which is superimposed on their augmented reality systems.

- Combat training at reduced costs, without using expensive field equipment and consumables. The STE-VARP training platform is effective in training in globally diverse environments that allows experiential, realistic and immersive training.

- Other advantages:

o Safer training environments

o Mission rehearsals with deeper immersive experience

o Terrain diversity and customization

o Real-time targeting assistance

o Enhanced spatial awareness

o Engaged mission planning

o Operational efficiency measurement

 The STE-VARP platform also includes connectivity of the operational squads with their support and back-up forces, and command HQ. From regular training to operational mission rehearsals, the flexibility of the STE-VARP platform is unrestricted and scalable as needed.

As the armed forces modernize their Integrated Training Structure to overcome the issues of multi-domain operational environment, the use of STE-VARP technologies is crucial for focused training of the troops to enable them to win against a rapidly modernizing adversary. Current simulated training capacity operates in facility based, closed and restrictive environment that require high overhead expenditure in terms of support personnel and maintenance; and do not support the full range of mission command information systems that are the necessity of modern, current warfare that is conducted in a complex operational environment. Current training capabilities are unable to offer training in electronic warfare, cyberspace and multi-operational environments that troops will fight in.

STE-VARP platform can be used to train and rehearse simultaneously in three major areas of battle-field operations: Forward deployed operational force, supply-line / logistics units and command staff at operational HQs; for better synchronization among these verticals. The required parameter matrix(s) will have to be developed through cooperation between the armed forces policy planners and the STE-VARP platform developers.

Once fully developed, the STE-VARP platform will allow for theater level operational planning; including logistics, validation of troop landing areas, staging and forward movement and integration between commands. This platform will also replicate with high accuracy, the complex operational environment during training phases to accurately portray the operational area terrain, weather pattern, cultural issues of urban warfare and threat perceptions.

The training design and management component of the platform will allow policy planners and field commanders to create specific training scenarios quickly and efficiently. The user-friendly program will prompt users to consider all aspects of an operation from initiation to completion.

The focus of the training will be on high-intensity conflict with flexibility of operating in various terrains, and under constant observation. Training will be realistic, interactive, dynamic and iterative; putting personnel of all ranks under immense pressure to perform psychologically and physically with continuous movement, war-zone innovation and integration of capabilities from command level to the individual trooper for enhanced operational capability.

A crucial component of this training and operational system is the generically defined Tactical Augmented Reality Display [TARP]. TARP is based on the heads-up display unit [HUDU] used by fighter pilots where all their crucial information (fuel level, armament readiness, spatial data, weapon targeting, et al) is superimposed onto the pilots’ visor for better situational awareness.

TARP is based on the same principles where a head-mounted unit offers the possibilities of ensuring that the individual soldier knows his/ her exact location and the positions of his/her team members along-with positions of enemy troops. TARP operates in all environments, from bright day light to pitch black, and is embedded with GPS and secure communication system that connects real time to team-members, command post and HQ command simultaneously.

TARP can be easily synchronized with the soldier’s weapon using modern technology (local wireless, thermal mapping, laser pointer, et.al) whereby the soldier can see the target clearly and the measured distance to it. Sensors in TARP and mounted on the soldier’s helmet allows for the analysis of wind patterns and wind-speeds to enhance the accuracy of target acquisition.

In a CQB environment, the display can be split-up so that the soldier can simultaneously observe the gun-barrel’s line of sight and the panoramic view in the front, all through a high-resolution helmet mounted camera. Essentially, this allows the soldier to see around corners or over walls, without the risk of getting shot.

The TARP’s embedded secure communication system allows squad / platoon members to share information among themselves and with the operational command-post on a real-time basis, which is significant as ground operations are mostly fluid with rapid changes. Communications can be relayed to HQs via a command post relay or directly from squad / platoon leader to the HQ via satellite.

Potential hurdles in efficiency:

o Informational overload:

When too much data is available without being properly structured. Filtration of data to the soldiers TARP is essential to avoid overload and prevent distraction.

o Dependence on Augmented Reality technology:

There will be concerns that policy makers might make key decisions with too much reliance on AR enhancements. This might allow disruption of the AR systems by the enemy, giving them battle-field advantage. Hence, the STE-VAR system must have flexibility of basic on-ground decision making, using traditional decision-making tools as needed.

o Data security:

Handling of AR/VR data storing, its transmission and communication systems is always a prominent concern in the armed forces. Encryption and accreditation of equipment and applications loaded onto the system will require constant vigilance and upgrading of data security protocols.

  E&OE

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