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FAQs
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How are cracked versions of software created and why are developers not able to prevent it?
Cracked versions of software are created with the use of debuggers. (A debugger is a special type of software that lets programmers deconstruct their software into its constituent parts for the purpose of finding bugs, and thus de-bugging. Additionally debuggers can be used for reverse-engineering, or to see what is inside the software, to learn its logic. The latter method is used mostly by malware researchers to study what malware (or computer viruses) do on-the-inside. But it can be also used by an attacker to "crack" (or bypass) legal software registration, or at times, to alter normal behavior of software, for instance by injecting a malicious code into it.)For the sake of this example, I will assume that the software that is being "cracked" was compiled into a native code, and is not a .NET or a JavaScript based application. (Otherwise it will be somewhat trivial to view its source code.) The compiled native code is a bit more tricky "beast" to study. (Native means that the code executes directly by the CPU, GPU, or other hardware.)So let's assume that the goal of an attacker is to bypass the registration logic in the software so that he or she doesn't have to pay for it. (Later for lolz, he or she may also post such "crack" on some shady online forum or on a torrent site so that others can "use" it too and give him or her their appreciation.)For simplicity let's assume that the original logic that was checking for the software registration was written in C++ and was something similar to the following code snippet:In this code sample "RegistrationName" and "RegistrationCode" are special strings of text that a legitimate software user will receive after paying for the license. (The name is usually that person's actual name or their email address, and the code is some string of unique/special characters that is tied to the name.)In the logic above, the function named "isRegistrationCodeGood()" will check if "RegistrationName" and "RegistrationCode" are accepted using some proprietary method. If they are, it will return true. Otherwise false. That outcode will dictate which branch (or scope) the execution will follow.So the logic above will either show that registration failed and quit:Or, if the registration code and name matched, it will save the registration details in persistent storage (such as the File System or System Registry) using the function named "rememberRegistrationParameters()" and then display the message thanking the user for registering:A "cracker" will obviously want to achieve the second result for any registration code that he or she enters. But they have a problem. They do not have the C++ source code, part of which I showed above. (I hope not!)So the only recourse for an attacker is to disassemble the binary code (that always ships with software in the form of .exe and .dll files on Windows, and mostly as Unix executables inside the .app packages on a Mac.) An attacker will then use a debugger to study the binary code and try to locate the registration logic that I singled out above.Next you can see the flowchart for a snippet of code that I showed in C++, presented via a low-level debugger. Or, as the code will be read in the binary form after compilation:(For readability I added comments on the right with the names of functions and variables. They will not be present in the code that an attacker could see.)(To understand what is shown above an attacker will have to have good knowledge of the Assembly language instructions for the native code.)I also need to point out that having a disassembly snippet like the one above is the final result for an attacker. The main difficulty for him or her is to locate it among millions and millions of other similar lines of code. And that is their main challenge. Not many people can do it and that is why software "cracking" is a special skill.So having found the code snippet above in the software binary file a "cracker" has two choices:1) Modify (or patch) the binary.2) Reverse-engineer the "isRegistrationCodeGood()" function and copy its logic to create what is known as a "KeyGen" or "Key Generator."Let's review both:The first choice is quite straightforward. Since an attacker got this far, he or she knows the Intel x64 Instruction Set quite well. So they simply change the conditional jump from "jnz short loc_7FF645671430" at the address 00007FF645671418 (circled in red in the screenshots) to unconditional jump, or "jmp short loc_7FF645671430". This will effectively remove any failed registration code entries and anything that the user types in will be accepted as a valid registration.Also note that this modification can be achieved by changing just one byte in the binary code from 0x75 to 0xEB:But this approach comes with a "price" of modifying the original binary file. For that an attacker needs to write his own "patcher" (or a small executable that will apply the modification that I described above.) The downside of this approach for an attacker is that patching an original executable file will break its digital signature, which may alert the end-user or the vendor. Additionally the "patcher" executable made by an attacker can be easily flagged and blocked by the end-user's antivirus software, or lead criminal investigators to the identity of the attacker.The second choice is a little bit more tricky. An attacker will have to study "isRegistrationCodeGood()" function and copy it into his own small program that will effectively duplicate the logic implemented in the original software and let him generate the registration code from any name, thus giving any unscrupulous user of that software an ability to register it without making a payment.Vendors of many major software products understand the potential impact of the second method and try to prevent it by requiring what is known as "authentication." This is basically a second step after registration, where the software submits registration name to the company's web server that returns a response back to the software of whether the code was legitimate or not. This is done by Microsoft when you purchase Windows (they call it "Activate Windows") and also by signNow, and many other companies. This second step may be done behind-the-scenes on the background while the software is running, and will usually lead to cancellation of prior registration if it was obtained illegally.So now you know how software is "cracked".Let me answer why it is not possible to prevent it. It all boils down to the fact that any software code needs to be read either by CPU (in case of a binary native code) or by an interpreter or a JIT compiler (in case of JavaScript or .NET code.) This means that if there's a way to read/interpret something, no matter how complex or convoluted it is, an attacker with enough knowledge and persistence will be able to read it as well, and thus break it.There is an argument though that cloud-based software is more secure, which is true, since its (binary) code remains on the server and end-users do not have direct access to it. And even though cloud-based software is definitely the future, it has some major drawbacks that will never allow it to fully replace your conventional software. To name just a few:Not everyone has an internet connection, or is willing to upload their data online. Additionally someone’s internet connection can be very expensive or too slow to make the software run very laggy.Then there’s a question of distributed computing. For instance, Blizzard Entertainment would never make “World of Warcraft” to fully run on their servers due to immense computational resources needed to render every single scene for every player they have. Thus it is in their best interest to let each individual user’s computer to do the rendering instead.As a software developer myself, I obviously don't like when people steal software licenses. But I have to accept it and live with it. The good news is that there are not that many people who are willing to go extra mile and search for a cracked version of software. The main problem for those who do, is that by downloading a patched executable, or an attacker's KeyGen or a Patcher, they are effectively "trusting" him or her not to put anything "nasty" into it that was not "advertised on the package" (stuff like trojans, malware, or keyloggers.) So the question for those people becomes -- is it worth the cost of the software license to potentially infect your system with a nasty virus?On the other side of the equation, some developers react very negatively to any attempts to steal their software licenses. (I was there too.) They try to implement all kinds of countermeasures -- anything from tricking reverse-engineers, to adding booby traps in the code that may do something nasty if the code detects that it is being debugged, to obfuscating or scrambling the code, to enforcing all kinds of convoluted DRM schemes, to blocking users from certain countries. I personally try to stay away from all of those measures. And here's why:A) Any kind of anti-reverse-engineering tactics could be bypassed by an attacker with enough persistence. So why bother and waste my time when I can invest that time into adding something useful to my software that will make it more productive for legitimate users?B) Some code packers could create false positives with antivirus software, which is obviously not good for marketing of that software. It also creates unnecessary complexity for the developer to debug the software.C) Adding booby traps in the code can also “misfire” on your legitimate users, which will really infuriate them and can even lead to lawsuits.D) Any DRM scheme will probably catch some 100 illegal users and greatly inconvenience 10,000 legitimate ones. So why do it to your good customers?E) Our statistics show that about 75% of all illegal licenses come from China, Russia, Brazil, to name the worst offenders. (I also understand that the reason may be much lower incomes that people have in those countries.) The main issue for us though was the fact that if we enforce our DRM or add some strong registration authentication, many people that wanted to bypass our registration would simply use a stolen credit card number. And we had no control over it. Our system will use it to send them a legitimate license only to have the payment bounce in weeks time. As a result we would lose the money that were paid for the license, plus the credit card company will impose an additional chargeback fee to our account, which may range from $0.25 to $20 per bad purchase on top of the license cost.F) As was pointed out in the comments, some companies may actually benefit from allowing pirated copies of their software. Microsoft for instance gets a lot of free publicity from people using their Windows OS, the same goes for signNow with their Photoshop. That is a good point that I agree with.So my philosophy is now this -- if someone wants to go extra mile and steal our software, go for it! They went this far to do it anyway, so they probably have a good reason. On the positive side there are so many other customers that appreciate the work that goes into creating software that greatly outnumber those that don’t.PS. Thank you for all your feedback! It makes me feel good that the knowledge I shared is useful to others.
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How do I file income tax return in India?
Greeting Friends !!!If you are going to file it yourself, then following is the procedure:-Before you start the process, keep your bank statements, Form 16 issued by your employer and a copy of last year's return at hand. Next, log on to http://incometaxindiaefiling.gov...Follow these steps:Step 1: Register yourself on the website. Your Permanent Account Number (PAN) will be your user ID.Step 2: View your tax credit statement — Form 26AS — for the financial year 2015–16 . The statement will reflect the taxes deducted by your employer actually deposited with the I-T department. The TDS as per your Form 16 must tally with the figures in Form 26AS. If you file the return despite discrepancies, if any, you could get a notice from the I-T department later.Step 3: Under the 'Download' menu, click on Income Tax Return Forms and choose AY 2016–17 (for financial year 2015–16 ). Download the Income Tax Return (ITR) form applicable to you.Which Income Tax Return Form Require to file or applicable F.Y. 2015–16 by Hetal M Kukadiya on Tax Knowledge Bank - IndiaStep 4: Open the downloaded Return Preparation Software (excel or Java utility) and complete the form by entering all the details , using your all documentsStep 5: Ascertain the tax payable by clicking the 'Calculate Tax' tab. Pay tax (if applicable) and enter the challan details in the tax return.Step 6: Confirm all the information in the worksheet by clicking the 'Validate' tab.Step 7: Proceed to generate an XML file and save it on your computer.Step 8: Go to 'Upload Return' on the portal's left panel and upload the saved XML file after selecting 'AY 2016-2017 ' and the relevant form. You will be asked whether you wish to digitally sign the file. If you have obtained a DS (digital signature), select Yes. Or, choose 'No'.Step 9: Once the website flashes the message about successful e-filing on your screen, you can consider the process to be complete. The acknowledgment form — ITR—Verification (ITR-V ) will be generated and you can download it.Step 10: you can Verify online with EVC Pin or Take a printout of the form ITR-V , sign it preferably in blue ink, and send it only by ordinary or Speed post to the Income-Tax Department-CPC , Post Bag No-1 , Electronic City Post Office, Bangalore - 560 100, Karnataka, within 120 days of filing your return online.Its Advisable to go with CA help for filling Tax return. There are lots of amendment come in every year, to file accurate return and Tax planning benefit etc so Prefer to go with expert like CA, Tax Preparer etc…Be Peaceful !!!
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Sadness again descended where a hero (Lt Col Niranjan) sacrificed his life for nation at Pathankot. Where are those voices now?
I belong to the armed forces fraternity, by virtue of which I get to hear directly from the men most affected by such incidents.I wouldn't want to add much myself, but I have a couple of forwarded messages which I believe really need to be shared. There are some pressing issues within the Armed Forces family, but since they have been raised to never question authority, they continue to suffer silently.Just give the following text some thought, they raise very valid questions and I wish the media and our general public paid attention to such details :"Touching message posted by a course mate of Lt.col Niranjan, who died while diffusing a bomb at Pathankot... R.I.P Lt Col Niranjan EK. My Coursemate, my Sutta Pal, Barrack-Type and Punishment-Type. Wish I could turn back the clock for you, Moron! I would have ensured that instead of CDSE you would have cleared your Civil Services Exam. Your daughter would have had a father to watch her grow up. Your wife would have had a husband to grow old with. And you would never had had to fight to get a decent pension (Not that you would have needed one - everyone knows the price of a Babu's signature). I wish that you had not been a warrior, a leader of men and a guardian of an ungrateful nation. I wish you had been a pen-pushing Babu who charged you just for doing his job. I wish that you had not been an Officer And A Gentleman earning a hardship allowance of Rs.32000 in Siachen. Instead you should have been a blood-sucking Babu earning Rs.72000 HARDSHIP ALLOWANCE for enjoying the salubrious climes of Shillong or Guwahati. Or I wish that you had been a Corporate Honcho, who earns thrice your salary for doing one-fourth of what you do. I wish that you had been an AAM AADMI for whom nothing matters beyond the next increment,the next mobile phone or the next vehicle that he is going to buy. I wish that you had been anything except what you chose to become - A Real Man, A Professional Soldier, A Leader Of Men, A True Son Of This Ungrateful Nation, Sworn to protect it at all cost. I Wish...I Wish... But You Are No Longer There.... So I can only pray that in your next life, you decide to do something worthwhile. Something... Anything.... Just Don't Repeat The Mistakes You Made In This One.. R.I.P Brother... We'll Meet In The Afterlife! "Another one which deserves some attention, it makes us question what the Police and other forces are doing while Army men die, they same army men who take up the job of the NDRF and others when Floods hit Kashmir or Tamil Nadu (to even rescuing kids stuck in borewells). :"Lt Col EK Niranjan of Engineers lost his life leaving a young wife & 18 months old daughter while combating terrorists in pathankot.he was seriously wounded in the action & later succumbed to the injurieswhy did he die ?for whom did he die ?the two big & unpleasant questionsit is the nexus of punjab police, politicians & drug syndicates which is ruling present punjaban suv of SP rank punjab police officer is highjacked while he himself was inside it & punjab police cannot locate the vehicle with blue beacon on it for next 24 hourswhen the SP himself reports to police within an hour of highjack & confirms it was indeed a militant activity, his report is brushed asidethe CM, Deputy CM & home minister are not aware till the militants actually attack the airforce basewhy?Because all three ie politicians, police & drug mafia are busy ferrying lethal drug consignments & counting money.An alert was issued after about 12 hours in the late evening of 01 january when the dead body of innova taxi driver was locatedCM, Deputy CM & home minister still remained silent.It is an eye opener for all of us in which direction the once prosperous state punjab is heading with the nexus of the trio.Lt Col E K Niranjan has made the supreme sacrifice while saving his brothers in airforce station at pathankot because his own countryman consisting of politicians, police & drug mafia of punjab have failed him, betrayed him & eventually murdered him.RIP brother, you could attain the selfless martyrdom for the selfish countrymen, we pray for you & your bereaved family. These terrorists came to the airbase using the SP pathankot's official car. The SP is alive. The driver is dead. All very convenient.That SP was accidentally moving around the place where the terrorists hijacked him with his car at mid night. He was thrown out of the car and the driver died. Very convincing.No one in the media is asking the right questions.What stops the media from saying what I said? Why not ask IG, gurdaspur? Why not ask DGP, Punjab? This question is not connected with the operations going on. In any case, army cannot answer this question. The question is, how did the SP escape? Why did he not fight the terrorists and die? Is his life more precious? What about his oath to the constitution of India? Why should the armed forces be the only guys to take their oath seriously and keep dying for the country? Are the IPS officers exempted from their own oath to protect India? These are serious questions which every citizen of India should be asking. Are armed forces supposed to die so that corrupt police officers can live?Genuine food for thought.. "PS: Above messages are as received via whatsapp. Similar concerns keep coming up in the armed forces often, and hence I decided to put then out in the open to the general public. I would not want to name those who sent these, since they still firmly respect their values as defence officers.
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How do I get a single status certificate from India?
ok i wanted to apply for single status certificate and every one was wierd with their answers so here is the detail about how i got mine.STEP 1 - you have to get a notary document from any notary shop nearby and add these points,a) you are a citizen of india with passport number and your parents name and your residence addressb)mention that you are single and free to marry either in india or outside the borders and you can mention your date of birth that is necessary too.step 2 - go to the SDM office of your area and get the SDM stamp on the document, dont get tehsildar or executive magistrate or assistant of sdm sign on it because it wont be used or approved by the MEA(ministry of external affairs). it will take your day or 2 because these sdm mostly never at there office and the assistant or employees of government wanna give you a run around so they will just push you away. NOBODY IN THE GOVT OFFICE EVEN KNOW ABOUT THIS SO BE READY TO DEAL WITH UNEDUCATED AND UNETHICAL PEOPLE OF ERA WHO WILL WASTE YOUR TIME JUST FOR A STAMP. if they ask you how could i believe you that you are single then you need to show them a decleration from your parents that you are free to marry ( it is not necessary according to the law.step 3 - Google apostile services nearby and go to the company who does apostile and give them the sdm stamped notary document. this is the easiest one you will get it in a day. as MEA dont take docs personally so you have to go through a company. they cost around 75 rs to get everything done. dont get in the trap of people who say its for 4k or 7k rs coz it just cost 100rs not more than that. when i was outside india i signNowed out to these companies they said almost 7k-24k to get everything done. as well you can write a letter of authorisation to authorise your brother or family member to do everything for you if you are outside india.
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What are the qualifications to become the President of India?
Qualification and Term of Office:Conditions of President’s Office: According to Article 59:(i) The President shall not be a member of either House of Parliament, of a House of the Legislature of any State, and if a member of either House of Parliament or of a House of Legislature of any State and elected as President, he shall be deemed to have vacated his seat in that House on the date of which he enters upon his office as President, (ii) the President shall not hold any other office of profit.Term of Office:The President is elected for a term of five years from the date on which he enters his office and is eligible for re-election (Articles 56-57). But his term office years maybe cut short if he (i) resigns (by writing addressed to the Vice-President), or (ii) is removed on charges of violation of the Constitution by the process of impeachment as laid down in the Constitution.Election of President:Election Qualifications:In order to be qualified for election as President, a person must (i) be a citizen of India; (ii) have completed the age of thirty-five years; (iii) be qualified for election as member of the Lok Sabha and (iv) must not hold any office of profit under the government of India or the Government of any State or under any local or other authority subject to the control of any of the said Government (Article 58).But a sitting President or Vice-President of the Union or the Governor of any State of a Minister either for the Union or for any State is not disqualified for election as President (Article 58).Besides, the above mentioned qualifications the ordinance, promulgated on June 5, 1997 stipulates that there must be 50 proposals and 50 secondary for the presidential candidate. It has also increased security deposit from 2,500 to 15,000.Procedure of Election:The procedure of Presidential election is contained in Articles 54 and 55. While Article 54 provides for the creation of an electoral College consisting of all the elected MLAs and MPs, Article 55 provides for the formula of uniformity in the scale of representation of different States, as far as practicably, by incorporating the method of proportional representation with single transferable vote system. Total number of votes of an electedMLA= Population of the State/ Total number of elected MPsTotal number of votes of an MP= Total number of votes as assigned to all elected MLAs/Total number of elected MLAsThis method of election was intended to make the Presidential election broad based to achieve political balance between the centre and the states. Consequently the President represents not only the Union but also the states. This is in keeping with the federal character of the Indian Polity.Quota System:No person can be declared elected as the President unless, he secures more than half of the total votes casted. Since the election of the President is by proportional representation by means by single transferable vote, the next step is to ascertain the quota.To determine the quota, the total number of votes polled is divided by the total number of members to be returned plus one and by adding one to the quotient. The formula is:Number of votes polled + 1/ Number of members to be elected + 1Oath or Affirmation by the President:Article 60 says that every person acting as President or discharging the function of the President shall, before entering upon his office, make and subscribe in the presence of the chief Justice of India or, in his absence, the senior most Judge of the Chief.Justice of India or, in affirmation in the following form, that is to say to preserve protect and defined the constitution and the law to devote himself to the services as well being of the people of India and will to the best of my ability preserve, protect and defend the Constitution and the law and that I will devote myself to the service and well-being of the people of India.”Emoluments and Allowances:Article 59(3) says that the President shall be entitled without payment of rent to the use of his official residence and shall be also entitled to such emoluments, allowances and privileges as may be determined by Parliament by law. His emoluments at present is fixed 1.5 lakh per month.On the expiration of his term or resignation, the President is entitled to an annual pension of Rs 3, 00,000. The emoluments and allowances of the President shall not be diminished during his term of office. He is permitted to spend to total amount of Rs. 15, 26,000 a year on travel, entertainment, discretionary grants, staff, household expenses and his own allowances.How the President is elected?The election of the President is a complex exercise and is done by an Electoral College as per the provisions laid down in the Constitution.The members of an Electoral College consisting of:(i) Elected members of both Houses of Parliament.(ii) Elected members of Legislative Assemblies of States (including National Capital Territory of Delhi and the Union Territory of Pondicherry).Nominated members of either houses of Parliament or State Assemblies are not eligible to be included in the Electoral College.Total Electors:The total members in the Electoral College in 2007 are 4,896. The break-up is as follows:Rajya Sabha: 233Lok Sabha: 543State Assemblies: 4,120Total: 4,896The constitution stipulates uniformity, as far as practicable, in the scale of representation of the different states. For securing such uniformity among States as well as parity between the States as a whole and the Union, a formula is given for determination of the value of vote which each elected MP or MLA is entitled to cast.Formula:Value of Votes:Each MLA’s vote is calculated on the basis:Slate Population/1,000 x No. of State MLAs = Value of one MLAs voteIllustration:Total population of Andhra Pradesh (1971 Census) = 43,502,708Total no. of elective seats in the Assembly = 294Value of each MLA’s vote = 43,502,708/ 1, 000 x 294 =147.97 or 148Total value of votes for Andhra Pradesh = 148 x 294=43,512Population figures of the 1971 census are used to calculate the votes of the States.Each MP’s vote is calculated on the basis:Total vote value of all MLA’s/Total members of Parliament (Rajya Sabha + Lok Sabha) = Value of one. MPs voteValue of each MP’s vote = 5, 49,474/233+543 =708.09 or 708Total value of votes:M.P.’s = 5, 49,408MLA’s = 5, 49,474Total = 10, 98,882The Election is held under a system of proportional representation by means of a single transferable vote, conducted by a secret ballot.Vacancy in the Office of President:A vacancy in the office of the President may be caused in any of the following ways: (i) on the expiry of his term of five years; (ii) by his death: (iii) by his resignation; (iv) on his removal by impeachment; (v) otherwise, e.g. on the setting aside of his election as President.Impeachment:It is laid down in the Constitution that the charge of violation of the Constitution may be preferred by either of the two Houses of the Union Parliament before the other House, [Article 61 (1)] which would then take up the responsibility of getting the charge investigated.However, in order that a charge is preferred by a House it is necessary that:(i) a resolution containing the proposal preferring the charge of violation is moved after a 14-day notice in writing signed by not less than one-fourth of the total membership of the House levying the charge, [Article 61(2)(a)] and (ii) the resolution is passed by a majority of not less than two-third of the total membership of the same House Article 61(2)(b).The other house then investigates into the matter and, if a resolution is passed in that House by no less than two-thirds of its total membership substantiating the charge, the President is removed from his office.Why the President is elected indirectly?The President is indirectly elected because:(i) First, in view of the adoption of a cabinet system of government under which the President was to function as a constitutional head of the State, direct election by the entire electorate as in the case of the President of the U.S.A. was considered neither necessary nor advisable. Yet, it was thought desirable to have the President elected by as popular body as possible. Both these purposes have been realised under the present system.(ii) Second, the significance of an electoral college composed of not only the members of both Houses of Parliament but also those of the State Assemblies needs emphasis. In an election where the Head of the Nation is chosen, if the members of Parliament alone participate, it is possible that a party that has clear majority in Parliament can easily see its candidates elected.But when the members of the State Assemblies also participate in the election, the picture is likely to undergo a substantial change. For, it is quite possible that the party which has won majority in Parliament may be a minority in many State Assemblies or even in most of them. Under such conditions, a party supported by a majority of members in Parliament will not by itself be able to elect its candidate to office.The effect of such an electoral college is to make the President a representative of States and the Union equally. This is, indeed, in complete harmony with the general scheme of the Indian Constitution which is neither purely federal nor purely unitary in character.Criticism of the Election Method:Critics have pointed out three defects in the Presidential Electoral College, namely, exclusion of State’s second chambers, a possibility of the dissolution of hostile legislature on the eve of election, and the possibility of a Presidential election by a lame-duck College.The issue of excluding the States’ second chambers was raised in the Constituent Assembly also, but the present formula seems to be justified on two counts: one, the constitution of the State Legislative Council’s are not uniform in this respect and, two, the future of second chambers in States is uncertain.The President is empowered by Article 356 to dissolve a unit in the Electoral College to his advantage, but it is expected that he should be able to defend his action in terms of the political situation obtaining in the State concerned. Otherwise, his action will discredit him and may even cost him his office. Although, on paper, the Presidential election is a complicated process, in practice it is a comparatively simple process.Powers of the President:Under Article 53 of the Constitution the executive Powers of the Union is vested in the President who is empowered to exercise it either directly or through officers subordinate to him. The list or powers which the Constitution confers upon the President may be broadly classified under the following categories.(i) Executive or Administrative Powers:The executive power of the Union of India is vested in President. He is the head of the Indian Republic. All executive functions are executed in the name of the President, authenticated in such manner as may be prescribed by rules to be made by the President (Article 77).The administrative power also includes the power to appoint and remove the high dignitaries of the State. Under the Constitution, the President shall have the power to appoint—(i) The Prime Minister of India, (ii) Other Ministers of the Union, (iii) The Attorney-General for India, (iv) The Comptroller and Auditor-General of India, (v) The Judges of the Supreme Court, (vi) The Judges of the High Courts of the-States, (vii) The Governor of a State, (viii) A Commission to investigate interference with water supplies, (ix) The Finance Commission, (x) The Union Public Service Commission and Joint Commissions for a group of States, (xi) The Chief Election Commissioner and other members of the Election Commission, (xii) A Special Officer for the Scheduled Castes and Tribes, (xiii) A Commission to report on the administration of Scheduled Areas, (xiv) A Commission to investigate into the condition of backward classes, (xv) A Commission on Official Language, (xvi) Special Officer for linguistic minorities.The President shall also have the power to remove (i) his Ministers, individually; (ii) the Attorney- General for India; (iii) the Governor of a State; (iv) the Chairman or a member of the Public Service Commission of the Union or of a State, on the report of the Supreme Court; (v) a Judge of the Supreme Court or of a High Court or the Election Commissioner, on an address of Parliament.No Spoil System:It is to be noted that besides the power of appointing the above specified functionaries, the Indian Constitution does not vest in the President any absolute power as is to be found in the American Constitution. Thus, the Indian Constitution seeks to avoid the undesirable “Spoil System” of America.(ii) Legislative Powers:The President is an integral part of the Parliament. Under our Constitution the President is the executive head and also a part of the legislature.The President has the power to summon and prorogue the Parliament (i.e., Rajya Sabha and Lok Sabha). He has the power to dissolve the Lok Sabha only, as the Rajya Sabha, being a permanent House, cannot be dissolved. The Lok Sabha was dissolved in 1970 and on many other occasions before it had completed its five-year term.The President has the power to summon a joint sitting of both Houses of Parliament in case of differences between the two. The President summoned a joint sitting of both Houses in 1951 and 1958 to pass an Anti-Dowry Bill and the Banking Services Bill respectively.The President has the right to address the opening session of a newly elected Parliament and the first session of each year and inform the Member of Parliament the causes as to why they have been summoned. Besides this right, the President has the right to address either House or their joint sittings at any time and can require the attendance of members.The President has the power to nominate certain members to Parliament. In the Rajya Sabha 12 members are to be nominated from persons having special knowledge or practical experience of literature, science, art and social service.The President also has the power to nominate not more than two members from the Anglo-Indian community to the Lok Sabha if in his opinion that community has not been adequately represented in the House.The President has the power to cause certain reports and statements to be laid before the Parliament. The statements or reports caused to be laid before Parliament are (a) the Annual Financial Statement and Supplementary Statement if any, (b) the Report of the Auditor General, (c) the recommendations of the Finance Commission, (d) the Report of Union Public Service Commission, (e) the Report of the Special Officer of the Scheduled Castes and Tribes, (f) the Report of the Commission on Backward Classes, and (g) the Report of the Special Officer of Linguistic Minorities.Previous sanction of the President is necessary for introducing certain Bills, for instance; (i) a Money Bill, (ii) a Bill which would involve expenditure from the Consolidated Fund of India, (iii) a Bill for the formation of new States or the alteration of boundaries of existing States, (iv) any Bill relating to a particular language, (v) any Bill affecting taxation of the States.No Bill passed by Parliament can become an Act without the President’s assent. When a Bill is passed by the Parliament there are three choices before the President to decide what he should do. He can give his assent in which case it becomes an Act, or he may declare that he withholds his assent to the Bill, or he may return the Bill provided it is not a Money Bill, for the reconsideration of Parliament.In the case of a Bill returned to the House for reconsideration, if the Bill is passed by both the House with or without amendments and sent to the President for his approval, the President is bound to give his assent.A Money Bill cannot be either withheld or returned for reconsideration of the Houses by the President. The President’s power to withhold his assent is known as the power of veto. Under our Constitution the President can withhold his assent to a Bill indefinitely because there is no time limit for assenting to a Bill.If, however, instead of refusing his assent outright, the President returns the Bill or any portion of it for reconsideration, a re-passage of the Bill by an ordinary majority would compel the President to give his assent. The effect of a return by the Indian President is thus merely ‘suspensive’.Another point to be noted is that the Constitution does not prescribe any time-limit within which the President is to declare his assent or refusal, or to return the Bill. By reason of this absence of a time-limit, it seems that the Indian President would be able to exercise something like a ‘pocket veto’ by simply keeping the Bill on his desk for an indefinite time, particularly, if he finds that the Ministry is shaky and is likely to collapse shortly.The President has the power to return, disallow or withhold a Bill passed by the State Legislature but reserved by the Governor of the State for the consideration of the President. In case the Bill so reserved is returned for reconsideration and is passed again within six months, it is not necessary for the President to automatically give his assent.He can again withhold his assent. It is; therefore, open to a President to withhold a State Legislature Bill indefinitely without giving assent. With regard to Money Bill reserved by the Governor for the Presidential consideration it lies either to be withheld or assented to.The Parliament is not always in session. It may become necessary to have a law on some urgent matter of public importance. To meet such a situation, the President has the power to issue ordinances under the Art. 123. This is the most important legislative power of the President.If the President is satisfied with the circumstances that exist to issue ordinances, he can issue ordinances. The 38th Amendment of 1975 has made the satisfaction of the President as final which cannot be questioned in a court of law.The ordinances can be promulgated by the President when the Houses of Parliament are not in session. The effect of an ordinance is as good as an Act of Parliament and has the same force as the law of the land. However, every ordinance must be laid before both Houses of Parliament within six weeks from the re-assembling of Parliament.If there is a failure to bring the ordinance before Parliament for its approval or if it is disapproved, then the ordinance will be invalid. The ordinance could also be withdrawn by the President. An ordinance, however, can be in force as long as the Parliament does not meet.He can appoint temporary presiding officers in case of vacancy in the posts of Lok Sabha and Rajya Sabha.(iii) Financial Powers:Some of the important financial powers are: (i) Introduction of money Bill in Lok Sabha with his prior recommendation, (ii) Keeping control over Contingency Fund of India, (iii) Causing presentation of budget in the Parliament, (iv) Making appointment of Finance Commission, (v) Allowing determination of the shares of States in proceeds of income tax and of the amounts of grants-in-aid in lieu of jute export duty.(iv) Judicial Powers:The President appoints the Chief Justice and Judges of the Supreme Court and State High Courts. He can grant pardon, reprieve, respite or remission of punishment or commute the sentence of any person punished under the Union Law. The President enjoys legal immunity and is not accountable to any Court of Law to anything done in the exercise of the official duties.(v) The Military Power:The Supreme command of the Defence Forces is vested in the President of India, but the Constitution expressly lays down that the exercise of this power shall be regulated by law. This means that though the President may have the power to take action as to declaration of war or peace or the employment of defence forces, it is competent for Parliament to regulate or control the exercise of such powers.(vi) The Diplomatic Power:Like the head of other States, the President of India represents India in international affair and has the power to appoint Indian representatives to other countries and receives diplomatic representatives of other States.(vii) Emergency Powers:The President has been given wide powers to meet emergencies. These extraordinary powers of the President are of three kinds, (i) The President is given the power to make a proclamation of Emergency on the ground of threat to the security of India or any part thereof, by war, external aggression or armed rebellion, (ii) The President is empowered to make a proclamation that the Government of a State cannot be carried on in accordance with the provisions of the Constitution. (Arts. 356, 365). (iii) The President is empowered to declare that a situation has arisen whereby “the financial stability or credit of India or of any part thereof is threatened” (Article 360).(viii) Miscellaneous Powers:(i) Reference of any matter of public importance involving a question of law to the advisory opinion of the Supreme Court, (ii) Making of rules for the composition of working of the Union Public Service Commission, (iii) Making appointment of Official Language Commission and recommending steps for the progressive use of Hindi for official purposes, (iv) Making special regulations for the administration of the State of Jammu and Kashmir.Veto Powers:(a) Veto over Union Legislation:A Bill will not be an Act of the Indian Parliament unless and until it receives the assent of the President.When a Bill is presented to the President, after its passage in both Houses of Parliament, the President shall be entitled to take any of the following three steps:(i) He may declare his assent to the Bill; or(ii) He may declare that he withholds his assent to the Bill; or(iii) He may, in the case of Bills other than Money Bills, return the Bill for reconsideration of the Houses, with or without a message suggesting amendments. A Money Bill cannot be returned for reconsideration.In case of (iii), if the Bill is passed again by both House of Parliament with or without amendment and again presented to the President, it would be obligatory upon him to declare to his assent to it [Article 111].From the standpoint of effect on the legislation, executive vetos have been classified as absolute, qualified, suspensive and pocket-vetos.(b) Absolute Veto:The English Crown possesses the prerogative of absolute veto, and if it refuses assent to any Bill, it cannot become law, notwithstanding any vote of Parliament. But this veto power of the Crown has become obsolete since 1700, owing to the development of the Cabinet system, under which all public legislation is initiated and conducted in the Legislature by the Cabinet. Judged by practice and usage, thus, there is at present no executive power of veto in England.(c) Qualified Veto:A veto is ‘qualified’ when it can be overridden by an extraordinary majority of the Legislature and the Bill can be enacted as Law with such majority vote, overriding the executive veto. The veto of the American President is of this class. When a Bill is presented to the President, he may, if he does not assent to it, return the Bill within 10 days, with a Statement of his objections, to that branch of Congress in which it originated.Each House of Congress then reconsiders the Bill and if it is adopted again in each House, by a two-thirds vote of the members present,—the Bill becomes a law, notwithstanding the absence of the President’s signature. The qualified veto is then overridden. But if it fails to obtain that two-thirds majority, the veto stands and the Bill fails to become law.(d) Suspensive Veto:A veto is suspensive when the executive veto can be overridden by the Legislature by an ordinary majority. To this type belongs the veto power of the French President. If, upon a reconsideration, Parliament passes the Bill again by a simple majority, the President has no option but to promulgate it.(e) Pocket Veto:There is a fourth type of veto called the ‘pocket veto’ which is possessed by the American President. When a Bill is presented to him, he may neither sign the Bill nor return the Bill for reconsideration within 10 days. He may simply let the Bill lie on his desk until the ten-day limit has expired.But, if in the meantime, Congress has adjourned (i.e., before expiry of the period of ten-days from presentation of the Bill to the President), the Bill fails to become a law. This method is known as the ‘pocket veto’, for, by simply withholding a Bill presented to the President during the last few days of the session of Congress the President can prevent the Bill to become law.Disallowance of State Legislation:Besides the power to veto Union legislation, the President of India shall also have the power of disallowance or return for reconsideration of a Bill of the State Legislature, which may have been reserved for his consideration by the Governor of the State [Article 201].Reservation of a State Bill for the assent of the President is a discretionary power of the Governor of a State. In the case of any it presented to the Governor for his assent after it has been passed by both Houses of the Legislature of the State, the Governor may, instead of giving his assent or withholding his assent, reserve the Bill for the consideration of the President. In one case reservation is compulsory, viz., where the law in question would derogate from the powers of the High Court under the Constitution [Article 200, 2nd Proviso].In case of Money Bill so reserved, the president may either declare his assent or withhold his assent. But in case of a Bill, other than a Money Bill, the President may, instead of declaring his assent or refusing it, direct the Governor to return the Bill to the Legislature for reconsideration.In this latter case, the Legislature must reconsider the Bill within six months and if it is passed again, the Bill shall be presented to the President again. But it shall not be obligatory upon the President to give his assent in this case too [Article 201].It is clear that a Bill which is reserved for the consideration of the President shall have no legal effect until the President declares his assent to it. But no time limit is imposed by the Constitution upon the President either to declare his assent or that he withholds his assent. As a result, it would be open to the President to keep a Bill of the State Legislature pending at his hands for an indefinite period of time, without expressing his mind.Ordinance-making Power:The ambit of this Ordinance making power of the President is coextensive with the legislative powers of Parliament; i.e. it may relate to any subject in respect of which Parliament has the right to legislate and is subject to the same Constitutional limitations as legislation by Parliament.This power is to be exercised by the President on the advice of his Council of Ministers. The Ordinance must be laid before Parliament when it reassembles, and shall automatically cease to have effect at the expiration of 6 weeks from the date of re-assembly unless disapproved earlier by Parliament.The Ordinance-making power will be available to the President only when either of the two Houses of Parliament has been prorogued or is otherwise not in session, so that it is not possible to have a law enacted by Parliament.Thus, an ordinance promulgated under Article 123 is a law having the same force and effect as an Act of Parliament. It cannot be treated as an executive action or an administrative decision.The ordinance-making power is exercised by the President on his own ‘satisfaction’. The court cannot inquire into the reasons for the subjective satisfaction of the President or into the sufficiency of those reasons. The validity of an ordinance cannot be tested on grounds similar to those on which an executive or judicial action is tested.A Comparative Study:Any legislative power of the executive is unimaginable especially where legislature in independent from the Executive. In the U.S. Constitution, owing to the doctrine of Separation of Powers, the President is denied the power of promulgating ordinances.The British king has long lost the power of issuing decrees—ever since the Case of Proclamation, 1610.In case of France, instead of the President, the Council of Ministers can enact ordinances. These ordinances come into force upon their publication in the official gazette.The Misuse:The ‘immediate action’ has no necessary connection with an ’emergency’ as is referred to in Article 352. The promulgation of an Ordinance is not dependent upon the existence of an armed rebellion or external aggression.The only test is whether the circumstances which call for the legislation are so serious and imminent that the delay involved in the ordinary course of legislation cannot be tolerated. Therefore, Article 123 (1) clearly laid down that the President is the sole judge of the “circumstances which render it necessary for him to promulgate Ordinances.”But, since the ordinance-making power is to be exercised by the President on the ‘aid and advice’ of the Council of Ministers (Article 74), the power is often misused. It is misused in the sense that, instead of meeting the emergency situations, the ordinances are being issued—(i) By the governments of the day which do not carry majority;(ii) By the governments which are not sure of the Bill getting Parliament’s support, if brought in; and(iii) To escape certain embarrassments in the Parliament.In 1986, the Congress Government under Rajiv Gandhi promulgated the Inquiry Commissions (Amendment) Ordinance to avoid tabling the Thakkar Commission Report before the Parliament. The avoidance was mainly due to the fear of embarrassment that might have ensued due to debate on the report.In 1997, the United Front Government, under I.K. Gujral, even after losing its majority in the Parliament, promulgated an ordinance on Prasar Bharti.Though the Ordinance-making powers of the President and the Governors are corollary, the misuse is worst in the case of states. The State Assemblies are deliberately prorogued in order to keep a controversial ordinance alive.Checks and Balances:The ordinance-making power has virtually allowed the Executive to encroach upon the legislative sphere. The effectiveness of the Government will be optimum if, as Jafferson remarked, “the Powers of Government be so divided and balanced among several bodies of magistracy, that none-could transcend their legal Iii its, without being effectively checked and restrained by the others.” Thus, the two organs—the Judiciary and the legislature—must be fine tuned to check the misuse of the ordinance-making power by the Executive.
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How does excess carbon dioxide in the atmosphere lead to climatic change?
I CAN’T believe I am STILL answering this question!!!There are proofs for the reality of AGW from EVERY field of science. But of all the different proofs I have read, none can be considered ‘incontrovertible,’ and so some ten years ago, I began my OWN research to see if such COULD assembled, and in fact was completely SUCCESSFUL in that endeavor.The question of ‘how do we KNOW that the current global warming is human-induced’ requires an examination of ALL of the different means by which global climate changes have been caused in the past. These include the well-known Milankovic cycles and other orbital changes, as well as variations in solar outputs. The subject of whether or not CO2 and Methane constitute ‘greenhouse gases’ and the level of their potential effects was well-proven and established in the late 19thcentury by Arrhenius and numerous other since that time. The physical properties of ‘water vapor’ as a greenhouse gas have LIKEWISE been well-established, and more, the inter-relationship BETWEEN CO2 and water vapor as well (CO2 increases the greenhouse effect of water vapor by as much as 80%). These ‘issues,’ are simply not subject to ‘debate’ of any kind, after more than a hundred years of comparative testing using the scientific method of reproducibility.Examinations of the Geologic and Cryological record LIKEWISE reveals certain absolute truths. The first of these is that in ALL of the previous glacial and interglacial events of the past million years (the Pleistocene), it is revealed by ice core data that in ALL of these events, temperature changes PRECEDED changes in the level of atmospheric CO2. This ‘time lag’ could be as much as 200-700 years, but in EVERY case was repeated and repeatable. This represents the ‘normal’ course of events in ‘natural’ climate changes brought about by the Milankovic cycles.However, in the long history of the Earth, this is not the ONLY possible ‘course of events,’ and our OWN current condition is precisely the OPPOSITE of these past scenarios, in that in our case, a massive increase in CO2 is PRECEDING a signNow rise in global temperature, to date, by as much as a hundred years, and in fact is only ‘measurable’ in any statistically meaningful way since 1980, or the past 35 years.So what ‘other’ set of circumstances in the history of the Earth have been ‘analogous’ to the CURRENT sequence of events? Geology and Paleontology tells us that only ONE other set of ‘natural occurrences’’ can reproduce what we are seeing NOW, and that involves what is known as a ‘massive flood basalt event.’ Such events are indeed cataclysmic, and essentially involve the opening of a great CRACK in the Earth’s crust, thousands of kilometers long, through which pours gases, ash and lava that covers thousands of square kilometers thousands of feet deep over the course of up to a million years. There have been THREE such signNow events notable in the past, to include the ‘Siberian Traps’ (worse yet, the lava had to come up through huge coal fields to signNow the surface, burning, and exploding ‘fly ash’ and immeasurable gigatons of CO2, CO3, Sulfur dioxides and hydroxides across the face of the Earth) that wiped out 90% of ALL life on Earth. The second notable event is referred to as the ‘Deccan Traps’ in India, which burned and spread for some 300,00 thousand years to a depth of 8,000’ and paradoxically, may have been ‘snuffed out’ by the great Chicxulub meteor that finished off the dinosaurs. The LAST was the North Atlantic Igneous Province, some 55 Million years ago that created the famous ‘PETM’ (Paleo-Eocene Thermal Maximum). But since that time, there have been NO such ‘massive flood basalt events,’ and certainly, there is NO such occurring TODAY.Since this IS the case, and since CO2 levels are now FAR higher than they have been for some 3 million years, and only NOW are global temperatures rising to MEET that necessary state of equilibrium, there can only be ONE ‘source’ for this current sequence, and that ‘source’ is US, and our incessant BURNING of fossil fuels, RELEASING the pent-up CO2 and Methane into the atmosphere in every effect and measurable circumstance in EXACTLY the same manner as a ‘natural’ massive flood basalt event,. We can therefore expect nothing but the SAME consequences as has been seen in the past.ReferencesOrbital cyclesArcher D., Winguth A., Lea D., & Mahowald, N. (2000). What caused the glacial/interglacial atmospheric pCO2 cycles? Reviews of Geophysics, 38, 2 May 2000 pp. 158-189‘Time lags’Ferguson, F. (2013). Ice Core Data Help Solve a Global Warming Mystery. Scientific American, March 1, 2013.Water vapor & CO2Lacis, A., Schmidt G. (2010). Carbon Dioxide Control’s Earth’s Temperatures. NASA, October, 2010.Current & Past Interglacial EventsMarewski, P. et al (2004). Holocene climate variability. Quaternary Research, Vol. 62, Issue 3, pp.. 243-255.Davis, M. B., Shaw, R. G. (2001). Range Shifts and Adaptive Responses to Quaternary Climate Change. Scince. 27 April, 2001. Vol 292 no. 5517. pp. 673-679Industrial-age atmospheric changeLorius, C., Jouzel, J., Hansen, J., Le Treut, H. (1990). The ice-core record: climate sensitivity and future greenhouse warming. Nature. Vol. 347, 13 September 1990.CO2/Temperature Sequence & Flood BasaltsStorey, M., Duncan, R. A., Swisher III, C. C.(2007). Paleo-Eocene Thermal Maximum and the Opening of the Northeast Atlantic. Science, 27 April, 2007 Vol. 316 no. 5824 pp. 587-589.Kiehl, J. T., Shields, C. A. (2005). Climate simulation of the latest Permian: Implications for mass extinction. Geological Society of America.Science Repeated and Repeatable (Reproducibility)Wall, A. (2012). Pillar of Science I: Repeatable Observations. Undivided Looking, Comments on Physics and Theology, October 27, 2012.Finally, if you want the FULL history of ‘how Greenhouse gases prove the effect on climate change,’ then you must resort to the American Institute of Physics:The Carbon Dioxide Greenhouse Effect
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