Shall I introduce myself or you will introduce, okay. Good evening everyone. On behalf of Beyond Law CLC and Vikram and associates, we welcome you all those who are watching us live on the YouTube and Facebook, coupled with those who have joined us. The legal journey started off during the covert times, but because of the immense support which we have received. This journey is continuing and the patrons like Mr. Jay Kumar is part of the today's resource person is also the motivating factor for us to continue with this journey. It was I remember during the Diwali when. Trivikram had connected with me and said that why don't we start sharing knowledge from the resource person we have got very good speaker. And I feel that that couldn't be the better way to start off the Diwali that day. And that journey of cracking knowledge is continuing. I will ask to share the topic of today. And then we will ask Mr. Jay Kumar is part of a senior advocate from the home. We have done a previous webinar on the election law under the cooperative law. What do you think. Thank you, Vikas Chitrat sir. And once again, welcome senior advocate Jay Kumar is part of the answer. It's been a honor to have you on this board today. Last time it was a very informative topic that we had for discussion was pertaining to cooperative society elections. And today yet another very important topic for especially the practitioners in constitutional quotes. Nevertheless, it is also important for others as a matter of gender knowledge that is pertaining to executive power under articles 73 and 162 of Constitution of India. And we have a resource person who has has a great scholar as scholarship scholars who is highly talented and who has a great deal of scholarship in this. Therefore, once again, on behalf of John Law CLC and my personal behalf, I extend a very warm welcome to you sir. And we also have other participants from various districts of this country length and breadth of this country. So I welcome all the participants who are live for watching this live and also who are who have joined us on the zoom portal. And we also have few special guest Mr. Shreeta Prabhu is with us. Sir, very warm welcome to you also sir, and over to you. Jay Kumar as part of this. Thank you. Thank you. Thank you very much. The subject that we have chosen today, the executive power of the Union and the state under article 73 and 162 respectively is somewhat a sort of by name it may not immediately invoke some response or interest. But the topic is of immense importance. And actually we came across this every day every minute all these things are done under these two articles. And today the time that is allotted and what we will be discussing is more like introduction of this topic and these articles, particularly for young advocates and law students. If it allows us some interest in them to make further investigation or research in the matter or even look at it from another point of view, etc. It is I would feel that the effort of this webinar is really reaching the people under our constitution. We have a rather unit unitary constitution where states as well as Union have power to legislate for that. The constitution has now provided a schedule, seventh schedule in which subject matter or fields of fields are given separately in which parliament is to legislate that is called as Union list or list one of seven schedule. Then comes the subjects which are exclusively for the state which is called as state list or list two and concurrent list contains subjects on which parliament as well as state legislatures can enact law. Just as an introduction under article 246 of the constitution, it provides that parliament will have exclusive power to make laws or enact laws, let us say enact laws in respect of subject matters in list one that is Union list. 246 too says that parliament as well as state will have power to enact laws in respect of the subject matters found in list three. 246 three provides subject to one and two, state will have exclusive power to enact laws, state legislature will have power to enact laws in the in respect of matters given in list two of the seventh schedule. As a general this thing without going to intricacies, the parliamentary legislation in respect of list one or list three would have paramount this thing over other laws of the state legislature. In respect of list two, the state laws will have paramount to see of course subject to several other limitations provided in the constitution. Main is there can be, though several subjects are divided into list one, two and three, still there can be incidental encroachment, overlapping of the subject, several such things can happen which is common. Therefore for all that there are courts have adopted several interpretative tools like with and substance theory, repugnancy, occupied field, etc. But anyway for our purpose today we shall have that parliament has the power to legislate in respect of list one and list three. Parliamentary law will have precedence over the law enacted by the state. State will have paramount see in respect of legislation made regarding the subjects in list two. With this if we are to now see article 73 that is the executive power of the union. Article 73 in a way article 162 both are worded in the same manner subject to the provisions of this constitution. Executive power of the union shall extend to the matters with respect to which parliament has power to make laws to the exercise of such rights authority or jurisdiction as are exercisable by government of India by virtue of any treaty or agreement. This part today we are not going to touch upon provided the executive power referred to in sub clause a shall not save as expressly provided in this constitution or any law made by the parliament extend in any state to matters with respect to which legislature of the state has also power to make laws. Therefore main thing that is to be noticed in this article is it starts with the world subject to provisions of this constitution. First thing that is the power under article 73 is subject to other enabling or restricting provisions of this constitution. Next word is shall extend to the matters with respect to which parliament has power to make laws. So in respect of the matters enumerated in list one of seven schedule union list and in respect of the matters enumerated in list three of the constitution parliament has power to legislate. If the parliament has power to legislate then the union government has the power to has the executive power extending to all that power which legislature has the power. Simultaneously just for the purpose of noticing that article 162 is similarly worded. See article 162 it also starts with the word subject to provisions of this constitution. So it is the power under article 162 the power of the state executive power of the state government is subject to other provisions of the constitution. The executive power of the state shall extend to the matters with respect to which legislature of the state has power to make laws. Therefore on a general this thing we can take that executive power of the state is coextensive with the legislative power that is state legislature has the power to enact laws in respect of subject matters coming under list two. Executive power also extends simultaneously in respect of all the subject matters under list two. State also has power to make laws in respect of subject matters under list three also. In respect of that there is a further limitation or rather a proviso which says under article 162 it says provided that in any matter with respect to which legislature of a state and parliament have the power to make laws that is list three. The executive power of the state shall be subject to and limited by the executive power of the union. Therefore in respect of list three the executive power of the union like the law made by the union in respect of list three will have precedence over the state law similar thing will be there. So executive power is exercisable by the state in respect of all the subject matters that they are required to they can legislate. Now what is the limitation? How do we understand this power? What is that the state is required to do? Let us say land revenue matter. Suppose state has not enacted a statute with regard to land revenue but land and land revenue is one of the subject matter exclusively coming under list two. So state legislature can enact a law. In a given situation there is no law enacted then in respect of that matter in respect of land revenue matter land and land revenue etc. Executive can issue guidelines, executive can issue government orders saying this should be done a person who cultivates the land can do this etc. Similarly you think of any other subject if a law is not enacted then executive power can be exercised. If law is enacted what is the limitation or what is the difficulty to exercise the executive power because if law can be enacted executive power also can be done. That is where the first limitation on executive power is provided. First limitation is executive power is exercised in respect of a subject matter on which there is no law enacted by the state if it is union enacted by the parliament. First limitation is if it is an occupied field by a statute enacted law is normally referred as statute law. If it is covered by a statute then executive power that is a limitation executive power cannot be exercised there. You stop there. Why it is done is in the legislation every detail is provided in respect of survey so and so let us take Karnataka Land Revenue Act or Land Revenue Act of any state. In respect of land what are the subject matters dealt with it deals with who is the authority controlling authority under the statute. It starts from lowest revenue inspector etc. Thasildar, assistant commissioner, deputy commissioner and several other authorities regional commissioner several things come into picture. When that is done those authorities are given power which is called statutory power. Thasildar can pass the, approve the mutation that is a disputed mutation. If there is a disputed case of mutation Thasildar. Now question of invoking executive power in respect of those matters will not come at all. Now that field is occupied by a statute in that authorities are enumerated who will exercise which power against what order appeal can be filed to appellate power several things. How it is done is for everything for union executive head is president of India for the state's governor but governor will not be passing the order for a very subject. Again there is transaction of business rules issue under that the subject matters are allotted to particular executive sections, irrigation, cooperation, land revenue or let us say defense. In this manner it is avoided minister, secretary, principal secretary, under secretary several ways. Though the orders are issued, executive orders are issued by and in the name of president of India. It is not sent for his approval every time because that delegation is there. Likewise under this statute, powers are given to different authorities, hierarchy of authorities. So first limitation on executive power is if the field is occupied by a statute, executive power will have to stop there. Then there might be a situation this statute which is existing may not cover entire field. If it does not cover entire field, the field which is not covered by statute is open for the executive power. Then the next thing that comes into picture is these authorities like deputy commissioner, let us say district collector or deputy commissioner. All these authorities secretary etc who are given certain powers, all these authorities if they are named in a statute they become statutory authorities. Otherwise for the purpose of executive it is said that these authorities are limbs of the government. Not that they are separate existence, they are limbs of the government. So executive power may be exercised by directly by the state, by its chief secretary or principal secretary etc. It might also be done by other hierarchy of officials who are considered as limbs of the government or the executive. First limitation is occupied field. Then there is a interesting aspect that is in respect of fundamental rights, in respect of fundamental rights chapter, part three of the constitution, there is a specific limitation is put on executive. That is one of the subjects we will be dealing with today. Why that is of importance is kindly see article 19 or for that purpose article 21 or any one of them just for the purpose of illustration kindly see article 19. All citizens shall have the right A, B, C, D, E, all these things are given. Nothing in sub-clause A shall affect the operation of any existing law, prevent the state from making any law article 19, 2. Kindly see the word, nothing in sub-clause A of clause 1 shall affect the operation of any existing law or prevent the state from making any law. Articles 19, 2 to 6 provide that by making law reasonable restrictions and be put on the rights under article 19, 1 in respect of subject matters allowed in those articles. The law that is referred here, the word law that is referred here kindly see now kindly see article 20. No person shall be convicted of any offense except for violation of a law in force. Article 21, no person shall be deprived of his life or personal liberty except in accordance to procedure established by law. Kindly go to article 25, subject to public order, morality and health and to other provisions of this part, all persons are equally entitled to freedom of conscience and right freely to profess. Nothing in this article shall affect the operation of any existing law or prevent the state from making any law. Again it provides for making any law subject to several conditions. Similarly, in article 26, establish and maintain institution manage its own affairs in the matters of religion to own and acquire movable and immobile property and to administer such property in accordance with law. Same words you will find in article 29, 30, minority rights, all those things. This word law came up for interpretation before the courts. Article 19 rights, freedom of expression, let us say, or article 21, the right guaranteed under article 21, now it includes the right to privacy. All these can be regulated by law. What is that? It is meant. It gets into, it becomes important because of the wordings in article 13. Article 13 says, any law which averages or violates the fundamental rights is white. To that extent it is white. And there is one this thing, article 13, 3, 13, 2, the state shall not make any law which takes away or averages the rights conferred by this part and any law made in contravention of this clause shall, to the extent of contravention, be white. Normally law is a concept of enacted law. Once the legislature is provided, it is enacted law would be what the general meaning is. But 13, 3 may provide say very special provision. In this article, unless the context otherwise requires, law includes any ordinance, order, by law, rule, regulation, notification, custom or usage having in the territory of India the force of law. Therefore, what it means is article 13, as it is let us say a more a clarificatory article, it says any law made by anybody which has the force of law will be white if it affects, averages, infringes the fundamental right. Normally law as I already state is understood as a law enacted by the legislature. But what could be contented is, I have passed an order, an executive order is passed under 162. It is not law, even if it averages or affects the fundamental right, it cannot be declared as white. To avoid this mischief, more as an abundant matter of caution, article 13, 3 says whatever name you call it, any order that you pass under whatever source which is being enforced, which has the force of law, if it affects fundamental rights, it is white. So article 13 takes care to say whatever may be the type of order you pass, notification, law, enacted law or anything which averages will be white unless it is permitted under the constitution. Now, how it came up for consideration is a very interesting aspect. It came up for consideration in several case, first it came up for consideration in Correxing, that is the AR 1963 Supreme Court, 1295. What was, what had happened in that case was there were certain, a police manual, let us call it as a police manual, which provided for making, keeping surveillance over the persons whom you suspect. Keeping surveillance affects the mobility of the person. Keeping surveillance on a person affects his liberty, article 21 rights, including privacy. But this was not by any enacted law. This manual instructions were issued by the department as a procedure, but police were using it. This matter came up for consideration before the Supreme Court, in the case of Correxing. Supreme Court said, it is held that Uttar Pradesh police, police regulations questioned in the said case, averages or infringed the fundamental right of the petitioner. And it is pointed out that this regulations, these regulations are departmental instructions framed for the guidance of the police without any statutory basis. If there was a substantial enactment, if these rules are or regulations are framed under that substantial enactment, it was different. So, this was an executive order without the basis of any statute, but it affected fundamental right. For that the court said, the word law used in part three of the constitution is a statute validly made by the legislature. Therefore, the first limitation pointed out was, if it affects fundamental right in any form, it can only be by a statute made by parliament or the state legislature. Again, next condition is whether that law is valid or not is another condition. The first requirement is it should be an enacted law. Even for Article 21 in the Correxing itself, it was said the requirement is it should be a law. This has been reaffirmed in several decisions. The law used in fundamental rights chapter is this. Then matter came up in a varied manner, all these things came up before the court. In Bijoy Emmanuel, AR 1987 SC 748 National Anthem case, it is known as National Anthem case. The particular sect, let us call it as a particular sect, they don't sing anything other than something in praise of the God or their own this thing. Therefore, whenever in the classroom, National Anthem was prayed, they would stand up respectfully, but they will not sing. There were some instructions issued by the education department that unless they sing National Anthem, they are to be from the school their admission is to be removed. That matter ultimately came up before the Supreme Court. Supreme Court said in AR 1987 SC 748, it is said the law is now well settled that any law which may be made under Article 2 to 6 of Article 19 to regulate the exercise of the right to the freedoms guaranteed under Article 19 must be a law having statutory force, not a mere executive or departmental instruction. Again with reference to religious rights guaranteed under Article 25, it is said it must be a law having the force of a statute, not a executive instruction. Therefore, in that case, the circular instructions which were given were struck down as it is an executive order tracing their power to Article 162. Then matter came up in a very famous case with regard to religious rights. That is, it is called a Shiruramat case. Commissioner of Hindu Religious Endowments versus Lakshmendra Tirtha Swamya, Shiruramat case, AR 1954 SC 282. As I pointed out, Article 26 provides a denomination can acquire, establish the institutions, acquire the property and administer those property in accordance with law. Apart from Article 25 rights with regard to religion, they can also acquire property, etc. In Shiruramat case, three things were importantly decided. That is, first is the right of a Matadipati or Mahan of a mutt is not only a religious right. He has a beneficial proprietary interest in the property of the mutt or the property held by the mutt. Therefore, in respect of these rights, it was held. Article 26 guarantees religious denomination the right to acquire and own property and to administer such property in accordance with law. The administration of its property by a religious denomination has thus been placed on a different footing from the right to manage its own affairs in the matter of religion. The latter is fundamental right with no legislature can take away, whereas the former can be regulated by laws which the legislature can validly impose, which the legislature can validly impose. That is, if at all you are dealing with any rights under Article 25 or 26, it has to be by a law enacted, the laws which the legislature can validly impose. Para 17 and 23 repeatedly that's being said in the Shiruramat case. Now, right to property was a fundamental right under Article 191 F, but now it is deleted under Article 191 F. It is made as a constitutional right under Article 300 A. Article 300 A, you may see, is again a wording which is very special. No person shall be deprived of his property saved by authority of law. This word law you will find even under Article 265 that is part to impose tax, etc., levy tax, etc. See, no Article 265, no tax shall be levied or collected except by authority of law. The word law that is found in Article 265 and 300 A, again came up for consideration before the Supreme Court. Supreme Court in the case of AR 1961 Supreme Court 552, in respect of Article 265 it said, Article 265 imposes a limitation on the taxing power of the state. In so far as it provides that, state shall not levy or collected tax except by authority of law. That is to say, a tax cannot be levied or collected by mere executive fiat. It has to be done by authority of law which must mean valid law. In order that the law may be valid, the tax proposed to be levied must be within the legislative competence of the legislature imposing the tax. Legislature imposing the tax. Again, tax can be imposed only by a law enacted, passed by the legislature, parliamentary or state legislature. Similarly, the right to property 300 A also provides that it shall be by authority of law. The word law as used in Article 300 A was also considered. It said the law as referred in Article 300 A is held to be legislation. It is so held in Bishamber Dayal that is AR 1982 Supreme Court, page 33. What had happened in that case was a government land, on a government land, a particular person was permitted to construct a guest house. Guest house in the sense at old times it was for travelers to stay at that place. Charges were not made except maintenance. He had permission, then he constructed, he took further permission, he added a temple, all those constructions were made. He died, his sons and all continued that. At some point of time an order was issued on a complaint made by someone saying this person is running this guest house making profit out of it is using it for personal benefit etc. Therefore, one fine day order was made by the deputy commissioner to take over that property, take over the possession of the property. That matter came up before the Supreme Court. The Supreme Court said unless you are deputy commissioner or anybody, unless you are authorised by a statute law, a law enacted by the legislature, it cannot be done. The word that is said is in Para 41, the word law in the context of article 300A must mean an act of parliament or state legislature, a rule or a statutory order having the force of law that is positive or state made law. Therefore, under executive power, you cannot in any way deal with the rights coming under fundamental right, chapter 3 of the constitution under fundamental right. In spite of this, there are instances of several types where executive in one manner or the other pass the order under the like a GO, government order or guidance, instructions, regulations, rules etc. without there being a statutory law. Therefore, all those things in respect of these fundamental rights and in respect of property right under article 300A, taxing statute under 265, it is said executive power is not available because that it requires a law. Now, with regard to word law used in fundamental rights chapter, matter is, I would rather put it, it is conclusively concluded in the case of Puttaswamy v. Union of India right to privacy case that is 2017-10 SCC page 1. It says while it intervenes, there the contention was it is more for protecting the privacy that certain provision is enacted. The data production is of very importance. Therefore, parliament has made a law for the purpose of protecting the rights and not for taking away the right, those orders etc. Considering that argument, Supreme Court said, while it intervenes, that is the government intervenes, while it intervenes to protect legitimate state interest, the state must nevertheless put into place a robust regime that ensures the fulfillment of three-fold requirement. They emanate from the procedural content based mandate under article 21. Note this, the word that said is the first requirement that there must be a law in existence to justify an encroachment on privacy is an express requirement of article 21. Therefore, even for the purpose of data protection or anything, if you are in any way touching upon the right to life, privacy etc., even for that beneficial use also, first there should be an enacted law. Under that you may frame rules etc., is separate aspect. Therefore, the requirement of a statute law in respect of certain rights is one of the limitations on the executive power. Though article says, you can exercise executive power in respect of all the matters on which you can legislate. Therefore, that is how it is understood. Then what is it that can be done if all these restrictions are put for that? How it was contained, it is being said. If all these limitations are to be put, there is no place for using the executive power. That is not a, the intricacies are not all that easy to explain. But what actually its importance is, see what happened in one of the case was in Punjab, the, that is the case of Rai Sahib Ram Javya. The case is reported in year 1955, Supreme Court 5149. In Punjab, prior to 1950, there was a practice that department would issue guidelines saying for the textbooks of classes 1, 2, 3, 4 up to 7th or up to SLC or anything. What should be the, for history, what should be the content? Then several publishers, they will invite, they will take articles from several authors and prepare a book, prepare a book. These publishers would submit each of their book for approval of the department. Department then would approve from the list about 5, 6 or even 10 books of different publishers. The schools are at liberty to, where at liberty to take any one of that book as the textbook for that school. In that way, it is actually publisher who would get the articles written. It is he who would print it. It is he who would publish it. And he would sell it for the price fixed by the government. In effect, he was doing all this. Then from 52 onwards, first they said, the department itself would invite articles from the professors or academicians, et cetera, in respect of subject matters 1, 2, 3, 4, et cetera. They invited the articles from the authors, selected those articles. For whose articles were selected, royalty was being paid by the government directly to the person who wrote the article. Then those articles, including those articles, et cetera, textbook would be prepared. Printed and published by the government itself and the government itself would sell it. That is the education department itself would sell it. When this was done, the word publisher or the place of the publisher and his giving the books was taken out. This resulted in publishers filing a read petition which came up before Supreme Court. The contention was there is no law, statute enacted, which authorizes the department to prepare the textbook, publish it, print it, publish it and sell it. By creating a monopoly to the government, entire textbook work is taken over by the government. Therefore, a monopoly is created. This was, this one came up for consideration. Supreme Court pointed out two things. Preparing a textbook, publishing it, printing it is alright. You can prepare textbook, you can publish it, you can do several things. But to say that my publication, that my textbook should be the textbook for the class so and so and government should allow only my textbook. That is not a right given to you under any one of the fundamental rights. Therefore, though you have the right to prepare articles, prepare the book, print, publish it, publish it but you have no right to say my book should be the book that is, that should be taken as textbook and all the schools should purchase from me. First it was held that it is not fundamental right. Therefore, the person who questioned has no right to question it but that is not of importance for our purpose. Our purpose, executive power was exercised. It is first time it was pointed out. Education department has been, there is a budget, an appropriation act passed. State legislature has allotted such and such a sum, let us say 100 crores to the education department. It is the responsibility of the education department to provide for textbooks. Therefore, they prepared the textbooks, they are distributing the textbook, they are creating a monopoly also. So, court pointed out when there is an allotment of budget, expenditure is permitted, expenditure on what it should be done is for the department to decide unless that field is occupied by any other statute made by the legislature. Of course, there was no statute made, therefore court said under executive power this is a field not occupied by any statute. Budget allotment has been properly made by appropriation act. Therefore, government that is education department can proceed to print, publish and sell the textbook, prescribe the textbook and create a monopoly in respect of textbook. So, executive power, though not authorised by any special statute, it was pointed out this is a field not occupied by the statute. At the same time, there is budgetary allotment, therefore executive power is available, even creating monopoly also can be done under article 162. So, first this thing, there the court said it is not for a implementing an already existing act or for filling the gaps in respect of subject matters for which enactment is there. It is actually executive power in a situation can be exercised in respect of all the matter where there is no statute. Well, after that case, another matter came up for the Supreme Court that is Manoj Paul, Paul Manoj Pandian versus Veladurai, 2011, 5 ESCC 214. In that Supreme Court pointed out the rights under article 162, executive power can be exercised in respect of there will be several types of situations might arise before the executive. They are required to immediately act on it to meet those contingencies they should act. It is for that purpose they are given the power under article 162. Therefore, in the absence of a statute, in the absence of field being occupied by the statute, the executive can proceed to make all the law, even classification, even policy decision, all these things can done under article 162. So long as the order passed by them is not affecting somebody else's right. If it affects somebody else's right, that means he has some right under some statute. Therefore, you are affecting a right under a statute that is not permissible. If you are affecting a right of a third party by issuing a government order under 162, then so long as it is clear of anybody's right, yes, it is within article 162. If it affects somebody else's right, then you will have to have a statutory backing for doing that. That is, there should be an enacted law which authorizes you to do that. Therefore, now it is understood that so long as the field is not occupied by a statute. So long it will not take away either fundamental right or any other right of a citizen. Executive power can take policy decision, they can make classification, they can make, of course, validity is separate thing, but they can exercise all those powers invoking article 162. This is, in explaining this, the court said the very power under article 73 and 162 is meant for meeting every type of contingency for which law may not have been contemplated at all. Cable laying came, it was not something which was involved earlier, came for cable laying, government orders were issued regulating it because it was not covered by it. But later, law was enacted covering that field also, it will have to be done according to the statute, then question of invoking the executive power will not arise. So in that way, now executive power can extend to several things so long as it will not affect the rights of some third party. So long matter is not covered by statute, so long it is not a fundamental right on which you are passing, you are exercising the executive order. So now ultimately it comes down to a situation that for many of these things there will have to be a enacted law by state legislature or the parliament. Without that, the executive power will not be able to, will not, is not available to be exercised in respect of matters covered under fundamental rights chapter article 265, article 308. If that is so, how it can be understood? Article 162 empowers the executive to pass any type of order, but it will not authorize the content of article 62, length and breadth width of executive power under article 162 and 73 will not extend to making law. Making law by the executive is again covered by altogether different provisions, that is see article 213 of the constitution heading itself is, article 213 heading itself is legislative power of the governor, governor is an executive. He has legislative power, that is issuing of ordinance. Therefore in a given situation where a law is to be made and under the limitations provided under article 213 or for the union it is I think article 123, article 123. Legislative power of the president, it can be done by issuing an ordinance. The ordinance will be treated as enacted law for the period for which it can remain in force. That is unless it is disapproved by the legislature, it will continue to be in force for six months, six weeks, but if it is not followed by a legislation, then at that period it lapses. Therefore, the ordinance issued under the ordinance making power also came up for consideration in several cases including the Bihar, Wadhwa case. And later in KT Plantation, later in the case of Krishnakumar Singh and another, Krishnakumar Singh and another 2017 3 SCC page 1, it is held during the tenure of the ordinance that is within six months. During the tenure of ordinance, it has same force and effect as a law enacted by the legislature. Therefore, in case the executive wants to do something in respect of certain rights coming under part 3 fundamental rights or article 265 or article 308, then it is not 162 that is available. If at all they satisfy the conditions provided under article 123 or 213, they can issue ordinance. Of course, ordinance simply because they have the power to make law, it does not mean that what they make is valid. Validity is a separate thing, but it can be called as law or a statute law. It is in that way, this power under article 162 and 73, executive power, such a enormous power is given to meet extraordinary situations or any situations that arise. At the same time, for that limitations are also put under the constitution, like who can issue it, whether it is occupied field, whether it is affecting the right of a third party, whether it is backed by a statute, all these things will come into picture, giving the limitations, providing limitations on the executive power. I think we have in a way for the purpose of introducing the subject, it is more than introducing the subject. I would say the intricacies are something which all the listeners, particularly the law students and young lawyers, I will be very happy if it arouses your interest and pushes you to make some research on these things. It would be a very, even for the purpose of gaining knowledge, working of the constitution can be understood. Thank you. Thank you. It was an enlightening session. As you said that you had just told that it will be a bird eye view, but I think that there is a deep dive into your entire session. Like one question I just received on the WhatsApp, like you said that could you just elaborate what will be the occupied field of legislation? I think slightly your voice is not audible Mr. Vikas. I am saying somebody has sent a text. What do you mean by occupied field of legislation? You have muted. Occupied field with reference to executive power that is article 73 and 162 is if the subject matter is covered by a statute, let us say municipality. In respect of constituting the municipality, there are constitutional provision under article 243 K onwards. At the same time, there are state enactments, how municipality is to be constituted, what should be their functions, etc. That is a field now covered by a statute. Authorities are provided. Deputy commissioner shall publish the, shall convene the first meeting or the state election commission shall issue notification calling for election. All these functions are now provided for under the statute. Only those authorities as per the statute they can do it.  The field with regard to municipality, constitution of municipality, the working of municipality is now covered by a local legislation and certain constitutional provisions. Therefore it is a occupied field. This is by D. Devesh. If you want it's a big question, I can read it also. The pith and substance according to me, he wants to understand the doctrine of repigency. Of course, in this, in respect of article 73 and 162 pith and substance may not be of any, I mean importance, but pith and substance what I referred is, if the union has made law in respect of some subject matter in list one, at the same time in respect of a connected matter, which is also found in list two, state legislature also can make law. If state legislature, the law made by state legislature and incidently encroaches upon some field which is meant for union or the parliament under list one. At that stage, courts have held that in substance, in pith and substance if the state law is in respect of a matter which is given under list two as a state subject, then even if it encroaches on some portion of the subject which is given in list one, still that law will be valid because in pith and substance what the state is doing is within its legislative competence. But for incidentally, it encroaches upon something, but that is a interpretative matter which may not be of much significance while dealing with article 73 and 162. Now, another question which has come is that you have said that you see that the government has, the governor has exercised the past. Sometimes it is written by the state of a particular state. So, will it have the same trappings like that of article 73 or article 162, let us assume. That is why I said all these officers of the government are treated as limbs of the government. They are not something like an independent authority unless under the statute a particular designation is used. The orders, whoever issues, if it is not backed by statute law or an enacted law, then it is traceable to article 162, it becomes an executive order. Even if issued by the principle Secretary of the Digital Chiefs, if he is issuing the order under the municipality side, it is different. Then that statute says what should be done, what should not be done. But without reference to that, if it is done, it definitely is an executive order. Traceable to 162, it will have to meet all those limitations of the requirements. And then since it is again, let's say the next question is, like we normally say that the instructions cannot supplant the rules, but it can only supplement the rules. So it will have the same meaning under article 73 or 162 or it will be having a difference. Yes, there are cases where the courts have said suppose a statute is made. One of the provision under that statute authorizes the government to frame the rules, but government has not framed the rules or the legislature or whoever is the authority has not framed the rules. Courts have said so long as rules are not framed, that field remains open without contravening the substantial provision under article 162 guidelines or circulars can be issued using the power under article 162. And the next question is you have referred to rules of business. In case there is any violation of rules, firstly explain rules of business and in case there is any violation of the rules of business, what is the effect thereof in the framing of the instruction? Rules of business provide for the distribution of the subjects to different departments in the government, down planning, defense, irrigation, public works. Each one will have some cabinet control and chief minister or the prime minister will have overall control. Rules of business is more a matter of internal administration. Again limitations are provided that in respect of a matter pertaining to defense, a principal secretary of public works department cannot pass an order. It has to go before the defense department whoever is the authority under the defense department. If it is to go to cabinet, it will have to go to cabinet or if it is to be approved by the honorable minister, it should be approved by honorable minister for defense like that. The business transaction rules, business transaction rules are more for interdepartmental authority. Though slightly different. He says let's assume in a punishing authority or any way, the principal secretary is the decision making body. Then where would be the appeal like it will have to be through rules of business to the minister or what will happen? There is no, in that sense, if the principal secretary passes the order under article 162, there is no appeal provided unless that order itself says it is subject to an appeal. Appeals are created by statute saying if an order is passed by the deputy commissioner, the agreed party can go to so and so file an appeal like that unless that order itself creates an appellate authority, there will be no appeal as such in respect of an executive order. Sometimes in rules we find that they say that there is an appeal but the principal secretary himself is the punishing authority. Let's assume in a service matter. In a service matter, an appeal to the, in service matter there are situations wherein the appeal is provided to the governor. In respect of orders which are passed by the state government in that sense, appeal is provided to governor. Otherwise there is no meaning in filing any appeal. You will have to go to read totally. The last question we are taking, delegated legislation is permissible in law. If it violates the legislation, what is the relief for the public? Of course, violation of any rights, validity of the law can only be challenged in a writ proceeding. If it is fundamental right, article 32 can be invoked. Otherwise it is article 226 and 227. I have a question. Many thanks for your very scholarly presentation in your usual intriguing way you have presented the topic. My question is, does doctrine of repugnancy, sir, has any say here? Repugnancy will not come for the reason. If there is a statute in respect of that subject matter, the executive power is out. Repugnancy you can put it in this way. There is a statute it provides for certain procedure, but government claims that the courts will have to find out whether it is covered. If it is covered, the action of the executive becomes repugnant. In that way, otherwise repugnancy is in respect of two laws in place where one of these provisions contradicts the other like that. Thank you sir for sharing your knowledge. It's always enriching from learning from you. And friends, before we part on Friday we have a session on by Justin Sunil Thomas, the differences between legal here legal representatives and nominee. Do stay connected with us at 5pm on Saturday on Friday. Thank you everyone stay safe, stay blessed. And once again, thank you to many thanks to you sir. And thank you to Mr. Jay Kumar Espatel, who is always an epitome of knowledge. Thank you everyone, stay safe, stay blessed.


Item number SCP-006 Object Class Safe Special Containment Procedures Whereas the nature of SCP-006 does not warrant any extensive containment, a certain level of secrecy is necessary regarding the object's existence and properties for obvious reasons. The following procedures are required not for personnel safety, but to deny or hide knowledge of SCP-006's effects from the personnel who interact with it. 1. All personnel interacting with SCP-006 in any physical way are required to wear modified Class 6 BNC suits. Before personnel are allowed to perform procedures, they must be briefed with material SCP-006B or SCP-006C. SCP-006A briefing is the correct one and is restricted to only those with 05 clearance. To ensure personnel are wearing suits properly, they are to be submerged into a pool of water. Any air bubbles spotted signify a leak in the suit. 2. Procedures with SCP-006 are to be carried out under extreme surveillance. In case of contact with SCP-006, the commander in charge will announce procedure 006-G-12, which the personnel have been briefed to believe to mean high toxicity is present and they must evacuate. 3. Any procedure in which liquid is acquired from SCP-006 must be approved by 305 level personnel. The liquid is to be transferred in a quad-sealant container and under armed guard. 4. If at any time personnel come into contact with SCP-006 or liquid from SCP-006, they are to be confined and terminated after sufficient studies are done. Due to the nature of SCP-006, the most effective termination method is incineration. For full report, see file SCP-006-Turro 5. Description SCP-006 is a very small spring, located 60 kilometers west of Astrakhan. Foundation command was aware of its existence since the 19th century, but weren't able to secure it until 1991 due to political reasons. On the spot of the spring, a chemical factory has been constructed as a disguise, with the majority of laborers under foundation and or Russian control. The liquid emitted from the spring has been chemically identified as simple mineral water in 1902, but has the unusual property of health. Ingesting the liquid produces the following properties in human beings. The ability to regenerate DNA damage by sufficient duplication, heightened excitement of cellular duplication, vastly improved abilities in the repair of damaged tissue, and a frightening increase in the effectiveness of the human immune system. Upon testing the liquid on animal subjects, hostile bacteria and viral agents were destroyed immediately. Many reptiles and birds were unaffected, while higher primates experienced the same benefits as humans. Item Number SCP-135 Object Class Euclid Special Containment Procedures SCP-135 is to be contained in a partitioned plexiglass chamber, at least 7 meters to a side. All sections are to be completely sealed off from one another to avoid cross-contamination. SCP-135 itself is to be in a central section, with 1.0 to 1.5 square meters of floor space, with a 5 centimeter wide runoff trench around the perimeter that drains into a tank, the contents of which are to be piped into an incinerator at the end of every week. The remaining space in the containment chamber is to be used to house five chemical harvesting vats, one vat per partitioned section, a single-access corridor is to lead from SCP-135 section to outside the chamber. No personnel are permitted within SCP-135's effect radius. All maintenance, taking of samples, etc., are to be carried out by remote control robots. Disciplinary measures need not be taken against personnel that violate this rule, because the direct consequences of SCP-135's effects have been deemed consequence enough. Robots are to be maintained and cleaned by Level 1 personnel. Once a week, SCP-135's section is to be hosed down, with solution U-82B, until only its outer coating is visible. In emergencies, flamethrowers may be employed to reduce mass quickly. Due to the potential catastrophic effects in the event of cross-contamination, at no point are SCP-329 or SCP-427 to be contained within the same facility as SCP-135. SCP-135 is a human female, age undisclosed, that promotes rapid, uncontrolled cell growth within a radius of 2.25 meters from itself. It remains rigidly in the fetal position, and has never been observed to move. SCP-135's effect is carcinogenic to animal tissue, and induces malignant neoplasia and plant and fungal tissues in 100% of recorded exposure cases, with severity and disorganization increasing exponentially with closer proximity to SCP-135. Within 0.1 meters, cells will not die, even under conditions where they would normally, causing SCP-135 to be steadily buried under a continually growing mass of plant matter, fungal matter, and microorganisms. This undying state extends to SCP-135's cells as well. SCP-135 has been shown to lack an epidermis, instead having a crust of mixed plant and fungal matter that has incorporated itself onto SCP-135's skin, interspersed with tumors and patches of raw dermis. SCP-135's lungs, diaphragm, and intestines are ruptured, and growth extends into the chest and abdominal cavities. It has been fitted with wide-diameter plastic tubes for use in draining excess bio-matter. The foundation came into possession of SCP-135 after it and a surrounding ball of growth rolled off a cliff in the Red Mountains, crushing a hiker on the trail below. Class B amnestics were administered to the civilians and law enforcement personnel involved, and the incident was covered up as having been caused by a pair of male goats that slipped and fell off the cliff edge during a dominance battle. Later examination of the growth revealed the partial skeleton of an adult human female, Thostio Sarcamata, covering 80% of it. SCP-135 was found in the space between the skeleton's ribcage and pelvis. A viable DNA sample was recovered from the bone marrow of the pelvis, and testing confirmed that the skeleton belonged to SCP-135's biological mother. All personnel involved with SCP-135's retrieval and initial testing were later diagnosed with various forms of cancer. Out of the b***** affected, only b***** are still alive at the time of this writing. Attempts to terminate SCP-135 with sustained gunfire, flamethrowers, caustic materials, vacuum, and extreme pressure have all failed. Further termination attempts are forbidden by order of 05 due to SCP-135's potential uses in cultivating useful bacteria. EEGs confirm full brain activity. No attempts to communicate with SCP-135 are to be made at this time. Item number, SCP-201, Object Class, Euclid. Special containment procedures. No personnel are to come within 40 meters of SCP-201 at any time. Any and all work done with SCP-201 is to be performed via remotely controlled drone. Any personnel entering the containment area must be accompanied by two members of security. All personnel in containment area must wear a restraint harness with safety rope attached to the wall. Rope will allow access to within 3 meters of the minimum safe area. Exceeding this distance will result in physical removal from containment area and formal discipline. Those affected by SCP-201 are to have time and date of exposure, disappearance, and return, along with any and all personal information recorded in log- Subjects who appear are to be recovered as soon as possible by agents, and debriefed immediately. Description. SCP-201 appears to be a very old piece of medical equipment, superficially resembling an IV stand, but with many other glass and metal items attached to it. SCP-201 stands 1.8 meters, or 6 feet tall, and has a mass of 36.5 kilograms, or 80 pounds. The metal portions are made of steel and brass, and various parts are connected with rubber tubing. The two IV bags are porcelain and are open at the top. SCP-201 was recovered in the hospital in a long unused storage area. No record of SCP-201 appears anywhere in hospital records. Entering within 30 meters of SCP-201 can result in the subject being displaced into an alternate reality. This effect is apparently random, with some subjects remaining totally unaffected after exposure to SCP-201. Those affected will cease to exist in our reality between 1 and 48 hours after initial exposure. Times of displacement vary between a few hours and upwards of eight years. Times spent in this alternate reality can vary greatly from actual time elapsed in our reality. This alternate world appears identical to our own, with these exceptions. It is apparently in a state of constant twilight, with no sun or moon visible at any time. Large banks of very dense gray fog travel very low to the ground. These fog banks are unaffected by wind, and can make exposed skin feel very sticky and dirty. There is no plant or animal life anywhere. All places of human habitation, including major cities, appear as if all life suddenly vanished in the same instant. Most, if not all, electrical systems appear to be broken or without power. The air will randomly take on a gray brown tint, accompanied by strong wind. Subjects displaced to this alternate world report initial surprise and curiosity, which are shortly replaced with very strong feelings of loneliness and fear. The severity varies widely with individual subjects and with the time of displacement. Upon the end of displacement, subject will reintegrate from this alternate world to our own, which can cause a great deal of shock, especially in urban settings. Subjects who remain displaced for more than three months suffer lasting psychological damage, consistent with being sequestered within solitary confinement. In addition, reports of intermittent, fragmentary broadcasts have been returned by subjects appearing to repair power to media devices, such as televisions and radios. It is unclear if these are real or the product of the degraded mental states of those remaining long enough to complete said projects, but reports consistently resemble automated messages prepared by the Foundation in contingency for XK class scenarios. Testing will commence if viable samples can be recovered. Item number SCP-208, Object Class, Safe Special Containment Procedures Due to his docile manner, minimum containment procedures are to be applied to SCP-208. SCP-208 is to be housed in a 10 meter by 10 meter room, decorated in traditional Egyptian style, furnished with a single couch and a stereo system, stocked with music of North African origin of any era. Surveillance is to be maintained during all movement outside of containment. SCP-208 is approved to operate at Site-17's medical wing. Description SCP-208 appears to be a short stout man of Egyptian heritage, possessing a great deal of hair over much of his body. Along his brow is a mane similar to a lion's in shape and color, which grows down to a significant beard. SCP-208 typically wears an Egyptian tunic, similar to that of typical old kingdom military, although occasionally this is replaced by modern military fatigues. SCP-208 is capable of inducing rapid cellular regeneration and reconfiguration within organic life forms, which amounts to the ability to quickly and effectively heal most physical ailments. This is performed by a unique form of electromagnetic radiation released from SCP-208's body, which acts on a wavelength that oscillates with 4 degrees of freedom, rather than 3. The electromagnetic radiation displays unusual pulse phenomena. Furthermore, the energy of the radiation decays over distance in a fashion incompatible with the inverse squared model. This radiation is emitted from SCP-208 naturally in small doses, and can be released in greater amounts when focused. Personnel have noted that being near SCP-208 provokes a feeling of wellness and ease, making him quite popular with the security staff. This radiation also possesses the ability of warding off ill intent, to the point of acting as a physical barrier to naturally malicious beings. What causes this is unknown, but MRI scanning of Class D personnel taken from Death Row in the presence of SCP-208 detected an unidentifiable pattern of neurons firing. This activity coincided with the feeling of extreme unease on behalf of the subject as he tried to flee the secure containment chamber. It is speculated that the neural activity activates the acute stress response in human subjects, stimulating the fight or flight instinct. What causes it to affect non-human subjects is still unknown. Despite his appearance, SCP-208 is jovial and friendly to staff, and enjoys the company of others. Due to his good behavior and willingness to cooperate, SCP-208 has been permitted access to most common areas within Site-17. Known to most staff as BESS, SCP-208 has been adopted as an assistant in the medical wing of Site-17, a position he seems to have fit into naturally. SCP-208 is also fond of children and has been noted to be very protective of what he considers the innocent. The only thing to inspire aggressive behavior from SCP-208 has been SNAKES, for which he has expressed a deep hatred. SCP-208 was originally discovered in Red Egypt during a search for SCP-208 along the Nile River. While SCP agents began digging into sediment in the Nile Delta, Dr. Red spotted a foot sticking out of the riverbed. Further excavation revealed that it was connected to a great block of granite, recovered and brought to sector Red. SCP-208 was exhumed from the stone after surprising a researcher who discovered that he was still alive. After examination had been concluded, SCP-208 was moved to Site-17 as a safe class SCP. Addendum 208-A, comparison testing of SCP-500 showed that it still serves as a much more effective cure. SCP-208 commented that he still tells better jokes. Item number, SCP-212, Object Class, Safe Special Containment Procedures Use of SCP-212 must be cleared by the current containment site's chief medical officer. Any subjects undergoing operation by SCP-212 must submit to full physical and psychological testing, both before and after exposure. Resistance to testing will result in termination of subject. All personnel are to keep at least 1.5 meters or 5 feet from SCP-212 when not in operation. Armed personnel are authorized to use whatever force deemed necessary to prevent unauthorized exposure. Should any personnel accidentally become exposed to SCP-212, full quarantine, testing and judicial review will be initiated as soon as the subject is released by SCP-212. Description SCP-212 is a large medical device with three large robotic arms. The arms have an extremely diverse array of attachments, but no storage area or power source has yet been found. Attachments slide into and out of the arms as needed, with over 500 different attachments documented. SCP-212 is made of plastic, steel and other common materials. In-depth analysis is pending, as any attempt by mechanical means causes violent action from SCP-212 and attempts by any biological means normally results with subjects improvement. When exposed to living tissue, the arms of SCP-212 will rapidly move to grab and restrain it. SCP-212 will then begin to improve said tissue. This process is extremely fast, but SCP-212 does not inject any anesthetic or replace any blood lost. The process has been described as excruciatingly painful and can result in the death of the subject at a rate of 47%. Wounds made by SCP-212 are closed with standard surgical sutures and a chemical sealant that is not yet fully understood. Improvements that have been observed include lining of joints with graphite, replacement of biological organs with artificial ones, addition of metal plates to bones, addition of new or duplicate organs, and replacement of teeth with small serrated steel bands, among many others. SCP-212 has been shown to be able to totally reconfigure an organism. The improvements appear to be random and can sometimes be detrimental or fatal, as illustrated by one subject's complete loss of bone marrow and its replacement by a gel that is still under study. Subjects wishing to undergo exposure from SCP-212 are to be advised that the process is extremely invasive and that no predictions on improvements can be made. SCP-212 Upgrade Log Record of Exposure to SCP-212 Attention! Any and all exposure to SCP-212 is to be recorded and logged. Unreported exposure to SCP-212 will be met with termination. All subjects willingly exposed to SCP-212 must have 05 command approvals, as well as that of Site Medical staff. Subject. Agent- 28 years old, 64 kilograms, 183 centimeters tall, African American descent. Description of Upgrades Lower jaw bone replaced by super dense ceramic jaw, teeth replaced with blades made of the same material, spine removed and replaced with synthetic polymer, replacement spine grafted to base of skull, ribcage and pelvis coated with thin layer of ceramic, long, long eyes and liver removed and replaced after cleaning. Subject status. Active duty. Notes. SCP-212 will appear to clean some organs or tissues. It will run several attachments over the tissue, each of which will spray, scan, cut or otherwise interact with the tissue before replacing it. When tested, these cleaned tissues appear totally free of genetic defects and appear younger than the surrounding tissues. Subject. Dr. 42 years old, 62 kilograms, 170 centimeters, Caucasian, British descent. Description of Upgrades Teeth replaced with super dense ceramic, feet amputated at the ankle, replaced by a thin plastic latticework with several pads on the bottom. These pads are capable of sticking to any solid surface and can carry up to 225 kilograms. Bone marrow removed and replaced with a blue gel. Heart, eyes, liver and kidneys removed and cleaned. Several metal devices inserted into the brain for unknown purpose. Subject status. Subject died during the removal of bone marrow. Foot pads removed and are currently under study. Subject. Agent AA. Personal data expunged. Suffered severe injuries resulting in traumatic amputation of all four limbs and removal of spleen, left kidney, right lung and left eye. Craneal trauma caused by shard of circuitry piercing skull and entering left frontal lobe of brain. Description of Upgrades Contrary to expectations, SCP-212 did not remove the shard of metal from subject's brain, instead spending approximately 7 minutes analyzing the circuitry with a variety of lenses, probes and sensors before apparently determining that the foreign body could be left in place. SCP-212 then proceeded to integrate said circuitry into subject's frontal lobe more fully, utilizing tracery made of room temperature superconductors. SCP-212 ended by administering an unknown chemical that immediately placed the subject in a coma, then shut itself down. No attempts were made to replace severed limbs or repair damage to bodily organs, aside from normal cleaning. Subject status. As of... Subject remains in a chemically induced coma in stable condition. Foreign circuitry in brain appears to be spreading at a geometric rate. Complete replacement of biological brain tissue when data expunged. Subject. Agent... 34 years old, 112 kilograms, 176 centimeters, Caucasian, German descent. Description of Upgrades Removal of stomach, intestines large and small, liver and kidneys. Eyes replaced with two sacks of synthetic tissues, attached to the esophagus. Esophagus lined with the same tissue. Sacks produce an acid capable of breaking down steel and transfer all nutrition directly to the bloodstream. This process produces no waste and any indigestible matter is expelled up the esophagus and out the mouth. Eyes replaced with optic sensor pads capable of seeing invisible, infrared and ultraviolet light spectrum. Eyes removed at the wrist and each replaced with eight metallic tentacles, each measuring 3.8 centimeters long. Subject status. Medical leave to allow adjustment to new internal structures. Subject. D-Class, serial number undisclosed, 23 years old, 62 kilograms, 178 centimeters, Caucasian, American descent. Previously exposed to SCP-217 and decontaminated once the virus had run its course, full mechanical conversion achieved. Description of Upgrades Data expunged. Subject status. Subject escaped containment, overpowering two armed personnel and effortlessly bypassing several security measures. Subject recaptured after two hours, having caused several casualties and injuries as well as deactivating data expunged. Once recaptured, subject requested SCP classification, presumably in an attempt to avoid termination. Request was denied and subject was dismantled. Components were incinerated following examination and documentation. Subject. Agent. 25 years old, 93 kilograms, 188 centimeters, African American descent. Description of Upgrades Skin replaced with nanomaterial mesh of thick tubes coated in microscopic barbs. Tips of fingers and toes replaced with carbon claws, about 8 centimeters long. Limb bones restructured for quadrupedal stance. Heart and lungs replaced by single organ, with a second similar organ as backup. Digestive system cleaned and shortened significantly. Dye replaced with ultrasound sensor. Subject status. Stable, but behaving erratically, contained pending psychological analysis. Subject. Dr. 26 years old, 142 kilograms, 200 centimeters, multi-racial descent. Subject was rendered fully blind due to accidental exposure to SCP- Description of Upgrades Removal of both eyes, orbits widen to meet and form a single oval cavity. Cavity is lined with metallic structures resembling large cilia, amputation of both hands, stumps fused together, and several small limbs resembling crab pincers grafted to the forearms, in no apparent pattern. Teeth removed for cleaning, teeth with fillings discarded, remainder replaced. Subject status. Deceased. Subject had begun undergoing medical imaging when he began to suffer extreme pain, describing the sensation as, it tastes all wrong. The cilia-like structures then reshaped into sharp points, and extended rapidly in length, many piercing the subject's brain. The gripper limbs continued independent movement for several hours, until subject was incinerated. Subject. D5354, 22 years old, multi-racial descent. Subject was scheduled for disciplinary termination, and had consumed a last meal consisting of seafood. Subject was already deceased when exposed to SCP-212. Description of Upgrades After spending 4 minutes analyzing and probing subject, SCP-212 dissected subject, carefully removing the stomach and intestinal tract. Stomach was then opened, and a bioluminescent lobster-like organism was constructed from its contents. Subject status. After removing and altering subject's stomach contents as described above, rest of subject's remains were discarded. Subject. Mummy of Intep II, Pharaoh of the Eleventh Dynasty of Egypt, circa 2063 BCE. The mummy had been collected during a research expedition by the Foundation's predecessor entity in the early 19th century. Description of Upgrades SCP-212 spent 25 minutes analyzing subject, then ceased activity, without having altered subject. Following this, Dr. Morrison directed that the four canopic jars that were collected from Intep II's tomb also be placed in the containment chamber. SCP-212 then reactivated, and used a scalpel and a heating tool to make minor alterations to four amulets in the mummy's wrappings before again ceasing activity. Subject status, apparently unchanged, except that the aggregate mass of the subject appears to have decreased slightly. Subject D5442, 27 years old, Japanese American descent. Description of Upgrades SCP-212 removes the subject's thumbs and nose. It scans for three minutes before replacing the nose with a silicone version and implanting a thin plastic tube within the nasal cavity, coated in an unknown blue mucus. Subject status, subject struggled to breathe, and described a pleasant smell the subject expired one hour later from asphyxiation. Subject A white laboratory rat, ratus norvegicus. Description of Upgrades The tail was removed, and SCP-212 began to alter the skeletal structure to resemble that of a bipedal organism. All organs were then removed, except the lungs and heart. The additional space was filled with a white paste, which hardened. Subject status, remains were incinerated after analysis. Subject The corpse of MTF New 7 officer Harold Goldman, Caucasian American descent, mauled by an instance of SCP-212, which had left a large opening in the chest and abdomen. All organs were devoured by the SCP-212 instance. Description of Upgrades SCP-212 scanned the subject for 10 minutes before sewing the remaining pieces of intestines back together and repairing sections with a patch of synthetic tissues. SCP-212 then ceases activity after probing the areas where organs should be. Subject status, incinerated. Item Number SCP-269 Object Class Safe Special Containment Procedures SCP-269 is stored in a standard safe-class secure locker at Site-19. Experimentation with SCP-269 may only be performed on Class D personnel, and only with prior approval from at least two Level 3 senior researchers. Description SCP-269 is an unmarked bracelet composed of red jade, approximately 11 cm in diameter in its inactive state. SCP-269 exhibits unusual resilience, as all attempts at obtaining a sample have failed to date, as well as constantly maintaining a temperature of approximately 36 degrees Celsius, regardless of ambient room temperature. When placed on the wrist or ankle of a living human subject, SCP-269 contracts to fit tightly but comfortably over the extremity. Over the next 24 hours, SCP-269 extends flexible tendrils that integrate with its host's circulatory system through the ulnar and radial arteries, a process described by test subjects as being painless, but mildly uncomfortable. On completion of this process, SCP-269 cannot be removed from its host without amputating the affected hand or foot. Once SCP-269 is fully integrated, it will begin to filter substances from its host's bloodstream. How this is done is not fully understood, but the process occurs over three stages. In the first stage, SCP-269 will begin to filter contaminants and infectious agents, such as blood-borne bacteria and viruses. This includes many disease agents that are currently incurable, such as the human immunodeficiency virus, HIV. SCP-269 appears to be capable of identifying and isolating infected blood cells from healthy ones. As this process often results in a general improvement in the health of the host, the host may resist attempts to have SCP-269 removed. This stage typically lasts anywhere from one week to one month. In the second stage, SCP-269 will begin filtering components of the host's immune system from the bloodstream. Because SCP-269 continues to filter infectious agents from the host's body, this generally goes unnoticed, unless a blood analysis is performed. Stage 2 lasts anywhere from one month to six months. In the final stage, SCP-269 will begin to filter vital blood components, such as red blood cells and platelets, causing an onset of acute anemia and thrombocytopenia, hosts that reach stage 3 quickly weakened and will invariably expire within one week unless massive blood transfusions are given. SCP-269 came to the Foundation's attention following reports that a civilian, one Mr. Wang, had been cured of acquired immune deficiency syndrome, AIDS, and died shortly thereafter. SCP-269 was discovered attached to Mr. Wang's wrist and was secured by Foundation agents after it was found that SCP-269 had integrated into his circulatory system. Item number, SCP-348. Object Class, Safe. Special Containment Procedures, SCP-348 is to be kept in a standard locker at Site-19. Personnel wishing to conduct tests involving SCP-348 are to obtain Level 3 or higher authorization and present a detailed list of intended test subjects. Description, SCP-348 is a white ceramic bowl, patterned with light blue flowers, measuring approximately 20 cm in diameter and 9 cm high. While no makers marks are present, the Chinese characters for thinking of you are etched into the side of the bowl. When in the presence of an individual afflicted with a minor ailment or injury, i.e. mild cough, runny nose, or scrapes, SCP-348 will fill with soup. While the ingredients present within the soups produced by SCP-348 vary, young subjects, individuals between the ages of 4 and 18, have consistently stated that they enjoyed the meal, sometimes stating that it reminds them of their parents' cooking. Subjects will finish the soup found in SCP-348 if allowed. People who eat from SCP-348 several times often express a feeling of contentment, stating that though they are eating by themselves, they do not feel lonely. Addendum, SCP-348-1 SCP-348 was acquired shortly after rumors of a child living in apparently possessing remarkable recovery abilities came to the Foundation's attention. Investigation revealed that the child in question originally discovered SCP-348 in the attic of their house, and had come to rely on it after receiving insufficient attention from their parents. The child's parents, both full-time workers, refused to comment on their relationship with the child. Resulting testing involving children was carried out under the guise of surveys to gauge the success of new food items offered at public schools. Addendum, SCP-348-2 It has been noted that occasionally, after soup produced by SCP-348 has been consumed, a message will materialize on the inside of the bowl. Words produced on the inside of the bowl appear to be printed on the ceramic consistent with existing markings. The message that appears will be in the language most familiar to the drinker of the soup. After several hours, or when SCP-348 produces another meal, the words disappear. Resulting Log, SCP-348-1323 Subject, 8-year-old female, afflicted with sore throat. Brief background, lives with and is on good terms with both parents. Notes, subject took approximately 30 minutes to consume soup, remarked later that sore throat seemed to have gone away. Subject, 10-year-old male, recently injured self while biking, minor bruising. Brief background, lives with both parents, often argues with both. Notes, message appeared, don't forget to brush. Subject, 11-year-old male, afflicted with slight cold. Brief background, lives with foster parents. Notes, message appeared, I'm glad you're happy. Subject, 9-year-old female, afflicted with slight cold. Brief background, lives with both parents, said to be prone to tantrums. Notes, nothing of note occurred during or immediately after testing. Subject stated while she didn't particularly care for the soup after tasting it, she still wanted to eat it. Follow-up investigations revealed that the subject recovered from the cold faster than was expected. Subject, 6-year-old male, recently injured self while playing with friends, minor scrapes and scratches. Brief background, parents divorced, currently lives with mother. Notes, message appeared, I'm sorry son. Subject, 7-year-old female, afflicted with cough. Brief background, lives with mother and grandmother, father deceased, traffic accident. Notes, message appeared, I love you. Addendum, SCP-3483. Testing has revealed that in the event that someone older than 18 years of age attempts to consume soup created by SCP-348, the individual will find that they are less inclined to finish the meal. Some such individuals will remark that, something is missing, most will simply state that the soup was nothing out of the ordinary. Further studies carried out with older subjects indicate that though messages will appear for individuals older than 18, the appearance of the messages is worn and faded. Testing log, SCP-348-2635. Note, it was observed that though over 100 subjects were tested, only 4 individuals received messages from SCP-348. Subject, 30-year-old female, afflicted with headache. Brief background, on poor terms with both parents, refused to accept father's offer for career training, currently lives alone. Notes, message appeared, why? Subject, 35-year-old male, afflicted with cough. Brief background, parents divorced, visits father and stepmother once a month, does not visit mother on her insistence. Notes, message appeared, it'll get better. Subject, 40-year-old female, afflicted with sore throat. Brief background, moved away and became estranged from both parents, nevertheless sent money and took care of senior housing for both. Father recently passed away. Notes, subject noted the soup tasted initially bitter, but was fulfilling in the end. Message appeared, thank you. Subject, 40-year-old male, afflicted with minor back aches. Brief background, murdered father approximately one year ago.  Subject later developed a mild stomach pains. After the contents of SCP-348 were disposed of, SCP-348 immediately filled with what appeared to be salt water, which remained for three hours before disappearing. Subject, 45-year-old male, afflicted with aches due to arthritis. Brief background, happily married, lives with wife and children, visits father once a week with family, mother deceased. Notes, message appeared, I'm proud of you. Despite the extensive data gathered in testing, it is unknown whether the messages that SCP-348 has manifested originate from the fathers of the subjects or SCP-348 itself. Addendum, SCP-348-4. SCP-348 was once used in a test involving a 60-year-old man suffering from a terminal illness. The subject, a grandfather with multiple grandchildren, stated that the soup produced by SCP-348 was the best he'd ever tasted. Following the test, the subject reported feeling a sense of satisfaction and noted that the pain caused by the illness seemed to have faded. The subject passed away peacefully a week later. Item number, SCP-427. Object Class, Safe. Special Containment Procedures. SCP-427 displays no means of self-locomotion or malicious intent at this time and requires only minimal containment. Due to SCP-427's adverse effects, only medical staff of Class 3 or above may handle or utilize it. All personnel using SCP-427 must record their total time using it in order to avoid unwanted mutations. Instances of SCP-427-1 colloquially referred to as Flesh Beasts, created by SCP-427, must be killed immediately as it is impossible to communicate with or experiment on them safely. For this reason, instances of SCP-427-1 are classified as Keter. Description. SCP-427 is a small, spherical, ornately carved locket made of a polished silver material. The ornate carvings do not seem to serve any function. It is unknown whether SCP-427's outer casing was crafted by sentience or not. Its circumference at its widest point is roughly 3 cm. SCP-427 was created after placing a pill of SCP-500 in the input booth of SCP-914 and using the fine setting. It displays no unusual activity when closed. When opened, a small glowing orb is visible at the center. The orb emits no radiation or energy, aside from the visible spectrum. When SCP-427 is opened and exposed to biological tissue, it rapidly regenerates cellular damage and somehow is able to purge invading compounds or infections. As a standard of measure, the common cold takes 3-10 days to be worked through the human immune system and eventually removed. In the presence of an opened SCP-427, this time is reduced to 2-4 minutes. Its healing abilities are directional, so anything not in line of sight with the central orb experiences no effects. However, long-term exposure produces a significant health hazard. As the locket heals damage, it optimizes the body's natural systems. Resistance to disease and toxins is increased by 500% compared to accepted LD-50 or death rate values after a total of 10 minutes of exposure and 1,000% after 15. After 15 minutes of exposure, muscular systems begin optimizing, increasing strength and pain tolerance by 200-300%. All other systems continue to optimize. Class D personnel exposed to the device for over an hour total began mutating into a shapeless mass of tissue. The conversion time accelerates with continued exposure to SCP-427. The flesh beasts, so named due to their appearance, created by SCP-427 are incredibly aggressive, attacking any and all personnel on sight with lethal results. They are highly resistant to most known weaponry, but can be disabled with sufficient shock trauma or heat in excess of 1,100 degrees Celsius, 2,000 degrees Fahrenheit. Intelligence cannot be accurately gauged, but mapping of biological enhancement of the brain as a direct relationship with optimization of other systems suggests intelligence could exceed levels measured in humans when fully transformed. SCP-427 is currently being used as a partial replacement for SCP-500 pills, as it can cure almost anything SCP-500 is able to. All optimizations, imparted by SCP-427, are cumulative. Oversight has deemed the side effects an acceptable risk, but users must carefully record their total exposure time as sufficient mutations are grounds for termination. Item number, SCP-474. Act Class, Euclid. Special Containment Procedures, portions of SCP-474 which exist inside of physical space are secured within foundation made pill bottles. Bottles are stored inside a locked medicine cabinet, itself located within an anomaly storage vault. All non-hazardous recordings of SCP-474 audio are on the research team's shared hard drive space. With any cognitohazardous audio being stored on a secure server with restricted access. Foundation personnel embedded in educational systems are to encourage zero-tolerance drug policies on college campuses in order to maximize the possibility of SCP-474 instances being discovered. Agents under the cover of being law enforcement agencies are to seize these whenever possible and destroy them if deemed unrecoverable. Description, SCP-474 denominates pills produced for non-medicinal purposes by Alexilva University in apparent collaboration with the O'Haniri Collective. Each occurrence of SCP-474 is blue and analysis has shown it to be chemically identical to generic sugar-based placebo pills. One ingested, SCP-474 will affect the consumer until the next time they enter REM sleep. A broadcast from Alexilva University will begin playing through their mouths, consisting of station breaks and notes associated with that campus' radio station. This spoken word programming will be in the subject's native language, with mute subjects mouthing words, and DHH individuals enunciating as they would attempting speech normally. Although music is frequently referenced, it has not been broadcast audibly. Mute individuals who remember their dreams will report them as having a heavy musical theme. Dreamers, even musicians, have been unable to replicate the sounds they heard, but have universally described that as some variation of trippy. The speaker within Alexilva appears to have some connection with the individuals they broadcast through, as multiple subjects tuned into the station in their dreams will have identical muscle contractions and eye movement while being affected. SCP-474 was discovered after a local broadcast news station and aired a story about a drug craze at a local community college campus. 65 instances of SCP-474 were recovered from various members of the student body. Since then, approximately 50 caches of SCP-474 are recovered annually from various college and university campuses in North Africa, North America, Europe, Eurasia, Oceania, and Australia. Foundation personnel working on SCP-474 who receive recruitment literature from Alexilva University in their dreams are to report to their supervisors immediately upon waking. Addendum 474A Documentation associated with SCP-474 Alexilva University proudly proclaims another triumph in their successful working relationship with the O'Neary Collective Educational Anomous, a method for mentally crowded students to let airwaves flow into their ears and put to good use that time which is wasted sleeping. University elders pray to the gods that this provides an outlet for student stress, and as there are no known side effects mixing with other school-sponsored narcotics, it can be acquired from any nurse station. Alexilva University staff O'Neary dreams of radio Eat a pill before dream time Enjoy dream programming Advertising is provided for those in the waking world Don't mind them Keep rocking the dream Addendum 474B Testing logs of SCP-474 audio phenomenon Subject intake D-0327 Two SCP-474 pills prior to sleeping Result Play recorded file DJ Ote here with VVAUR Alexilva University 21-8 BCFM Radio with a reason Reminder that the Visigoths will engage the East Side Ostregoths tonight in gladiatorial combat. It's the last chance to run for Student Bonnie Senate, Consul, or Tribune elections If you're interested, be sure to register. Now, for a wonderful selection of Hannibal and the Barakorakas. End of recording Note Subject reported dreaming of roaming swamps on an elephant while dancing while tearing their eyes out, which was reported as enjoyable. Subject intake D-0327 Two SCP-474 pills prior to sleeping Result Play recorded file DJ Ote here with VVAUR Alexilva University 21-8 BCFM Radio with a reason Visoracleum Detention tonight for You Know Who Be there before sundown Drug dispensary from the nurse opens in the morning And the first debates of the Tribunate election are going to be in the forum tonight Gonna leave you off with a wonderful sampling of the Etruscan Way Hey, hey End of recording Note Subject noted songs in an incomprehensible language sung to them as they explored a hilly area before waking up when a storm began forming above them Subject intake D-0327 Two SCP-474 pills prior to sleeping Result Play recorded file Just wanted to remind everybody that tryouts for the Visigoth Practice Squad are tonight Bring your own armor as none will be provided In the morning you can pick up your chariot decals for those of you who paid in advance And the last day to drop classes is approaching So check with your tutors that all is well in the house of gradebook End of recording Note Subject was not able to remember their dreams Subject intake D-0327 Two SCP-474 pills prior to sleeping Result Play recorded file Hey everybody, DJ Ote here with some Consular election announcements I'm contractually obliged to read First one's up from Polybus Maximus Who pledges to clean up the streets and the tutor sheets Vote P for console Then we got his opponent Tacitor Who says you won't have to quote laws with your sword T for console Tacitor The candidate of men with soft swords and hard heads Coming up we got springtime for Caesar in the Romulus Orchestra Band Come on right at ya End of recording Note Last known broadcast of DJ Ote Real name believed to be Polybus Maximus Subject intake D-0412 Two SCP-474 pills prior to sleeping Result This is DJ Livia's VVAUR Alexava Reason radio I'm saddened today to report the passing of our friend DJ Ote His chariot had been found with slashed tires and a large brick was dropped on his horse Ote's body has not been found however Most of his blood was For any who may be listening We here at VVAUR beg you not to act out against citizens Even those who speak out of turn End of recording Note The following note was regurgitated by D-0412 following the conclusion of the test Although these are rainy days for all those who love peace on campus The threat of political violence will not prevent the normal carrying out of campus activities The announcement of consular election results will be announced on the campus forum Simultaneously funeral services to those who perished due to violence against citizens Will be held on the adjacent green Beloved campus figure Pollybus Maximus will be put to rest Along campus Manipule Security will be present to prevent any violence between those groups So please feel free to safely attend either event Alexava University staff Subject intake D-0412 Two SCP-474 pills prior to sleeping Result After several hours of dead air emanating from D-0412's mouth Along with distant sounds of human screams and mayhem An individual believed to be Maximus Thrax The captain of the Visigoth Gladiators Combat Sport Team Enter the station and proclaimed this message If anyone listens to this Thrax your team captain commands your attention The university is burning It's the action It's actions like this That remind me why I picked up the sword Call for help Cowards Chance to cut down political types don't come every moon Let's go home carrying our shields or carried in them End of recording Note Shortly after the broadcast ended D-0412 spontaneously suffered dozens of simultaneous spear wounds Testing has been suspended Until a cost-benefit analysis of potential D-class resources being lost can be performed Item number SCP-500 Object Class Safe Special Containment Procedures SCP-500 must be stored in a cool and dry place away from bright light SCP-500 is only allowed to be accessed by personnel With level 4 security clearance to prevent misapplication Description SCP-500 is a small plastic can Which at the time of writing contains 47 red pills One pill One taken orally Effectively cures the subject of all diseases within two hours Exact time depending on the severity and amount of the subject's conditions Despite extensive trials All attempts at synthesizing more of what is thought to be the active ingredient of the pills Have been unsuccessful Note from Dr. Klein SCP personnel below level 3 are now banned from handling SCP-500 This is not to be used to cure a hangover Get aids and then ask permission Request 500-1774K Dr. 500-0022F As requested one SCP-500 pill for testing with SCP-38 Request has been approved Request 500-1862B Dr. Gears has requested one SCP-500 pill for testing in SCP-914 Request has been approved Request 523-54F Dr. Wendt has requested one SCP-500 pill for testing with SCP-253 Request denied Request 556-67E Dr. Gibbons has requested two pills of SCP-500 for his personal med kit Request denied Addendum 501 Two pills have been authorized for use with SCP-8 As a result of conducting a series of tests on Class D subjects infected with SCP-8 It appears that even in the most advanced stages of the disease One whole pill will accomplish full recovery Number of pills is 57 at the time of writing Dr. 500-0021D Addendum 502 One pill has been authorized for use with SCP-409 SCP-500 was tested on subject 409D5 Who was exposed to the effects of SCP-409 Complete recovery accomplished See Addendum 409-1 Number of pills is 56 at the time of writing Dr. 500-0021D Addendum 504 Request 51774K approved Five pills have been used in experimentation with SCP-38 It has been determined that SCP-38 is capable of duplicating SCP-500 However, the success of the duplicated pills is limited The duplicated pills are only effective in curing the subject 30% of the time With chance of successful healing dropping as time since cloned increases In 60% of the cases where the infection is permanent Symptoms of infection remain Though further infestation is neutralized Repeated dosing with SCP-38 cloned pills is recommended for all personnel Suffering from incurable conditions As supply of SCP-500 remains extremely limited All five used samples of SCP-500 were returned Number of pills is 56 at the time of writing Addendum 505 During experiments with SCP-38 One pill was stolen by personnel D2 Reportedly Quote Cure a hangover End quote Stricter controls for samples of SCP-500 given to other projects is suggested Personnel D1 It has been terminated Number of pills is 55 at the time of writing Addendum 506 One pill has been used with SCP-231-4 Number of pills is 54 at the time of writing Addendum 507 One pill has been used for experiment 447A Number of pills is 53 at the time of writing Addendum 508 One pill has been used with SCP-208 Number of pills is 52 at the time of writing Addendum 509 Request 51862B approved One pill of SCP-500 is placed within SCP-914 With the setting at fine Resulting object classified is SCP-427 Number of pills is 51 at the time of writing Addendum 510 Five pills have been taken for the Olympia project Although only two were used The remaining three will be returned shortly Upon return Number of pills will be 49 Addendum 511 Two pills have been used for experiment 217 Number of pills is 47 at the time of writing Addendum 512 Request to have SCP-500 investigated for mental compulsion Leading to obsessive fixation denied For triviality Lesson complete To continue with your orientation training Subscribe to SCP Orientation right now And make sure you don't miss any of our upcoming videos


For me, it was a lifelong dream to join the family that I experienced growing up with a submarine or father. I grew up with submarines as a sort of playground for my imagination, running between the missile tubes and swinging through the watertight doors. What really stuck with me, though, through my adolescence were the ties that bound the entire family together. We're a small force, team-oriented and well-trained. We rely upon one another. We look out for each other, and we support one another. Die! Die! Submariners truly take care of their own in a way that is difficult to explain until you experienced it firsthand. Being somewhat confined from the outside world, we've relied on one another, technically and personally. The entire crew really knows one another. The mission sets and the challenges are incredibly unique. We are looking for motivated and hard-charging female sailors from other communities to join the submarine force. For more information, please visit our website. If you have further questions, don't hesitate to reach out to your Command Career Counselors, the Women and Submarines Coordinator, or our Submarine Non-Nuclear Enlisted Community Managers.


In this lecture we're going to consider the topic of flow across two banks. The area of flow across two banks is of engineering interest mainly for the case of cross-flow heat exchangers. Now we are going to be looking at heat exchangers more extensively later on in the course, but for now what we'll be doing is we'll be looking at the case of external flow over two bundles or two banks. So it turns out that when you're looking at two bundles or two banks, there are two different types of configurations that you can have. You can have a case where the two bundles are aligned or you can have staggered. So let me just draw it out and that will help illustrate the difference between one and the other. So first of all what we have drawn here is the case of aligned or inline two bundles. And the second case is that where we have a staggered arrangement. So let me draw that. Okay, so what we can see here, some of my tubes don't look that good. Let me re-draw that one. Anyways, these are all supposed to be of the same diameter. But what we can see with the inline arrangement, all of the tubes are organized in a nice pattern where they all line up with one another. Whereas in the case of the staggered two bundles, what we find is that we do have rows and columns, but they are staggered with respect to one another. And that guy there is in the wrong spot. There we go. So with this, we can have very different flow fields. Before we look at the flow field, however, what I'm going to do, let me define a few things. On the diagram I've shown SP and SN. That is basically the spacing in the normal and the parallel to the flow direction. So SN is spacing normal to flow direction. And SP is spacing parallel. And in all of these diagrams, we're assuming that the diameter of the tube, each tube in the tube bundle is D. So D equals diameter. So with that, we can have two bundles with either arrangement. And what we're now going to do, we're going to take a look at some flow visualization that helps us understand or appreciate the differences in the flow in either the aligned or inline or the staggered. So what we're going to begin with is the case where we have the aligned or inline. And so there you can see two cylinders. We're adding two more. And we continue to add more and more cylinders. But what you'll notice for the inline or aligned, we have kind of a centerline jetting occurring between the tubes. And there we can see under different arrangements. It's quite prominent and evident that we have this jetting going on between sets of tubes. And then when you zoom in, you can see there's strong recirculation zones between the tubes themselves. And consequently, that has a fairly large effect upon the convective heat transfer that occurs. Now moving on, we can then look at what happens when you have staggered. So here we have one single tube that would be in a flow. And then we add two very similar to what we saw before. But then we add one in the middle. And you can see it starts to distort the wake of the previous two tubes. There we add two more and then another on the inside. And so the flow here is very, very different from that of when we had the inline or aligned tube bundles. And when we zoom in, we can see that the flow is undergoing fairly significant changes in direction. And again, there are strong recirculation zones behind the tubes, but not as large themselves. It then becomes instructive and interesting to look at comparing the aligned on the left and the staggered on the right. And that's where you can see more prominently the recirculation zone for the aligned between the tubes and smaller recirculation zones and significant changes in the flow direction for when we have the staggered tube bundles. So that gives us some appreciation for what is happening with the fluid mechanics and tube bundles. And consequently, we can expect that the convective heat transfer coefficient will be heavily dependent on the arrangement, the spacing, and the diameter. And so that's what we'll be looking at in the next couple of segments as we study tube bundles and convective heat transfer in tube bundles.