Agricultural credit in India

Agricultural credit in India What is IBC? Insolvency and Bankruptcy Code, 2016 is considered as one of the biggest insolvency reforms in the economic history of India. This was enacted for reorganization and insolvency resolution of corporate persons, partnership firms and individuals in a time-bound manner for maximization of the value of assets of such persons. Background The era before IBC had various scattered laws relating to insolvency and bankruptcy which caused inadequate and ineffective results with undue delays. For example, Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act SARFAESI –for security enforcement. The Recovery of Debts Due to Banks and Financial Institutions Act, 1993 (RDDBFI) for debt recovery by banks and financial institutions, Companies Act for liquidation and winding up of the company, Ineffective implementation, conflict in one of these laws and the time-consuming procedure in the aforementioned laws, made the Bankruptcy Law Reform Committee draft and introduce Insolvency and Bankruptcy Law bill. Objectives of IBC Consolidate and amend all existing insolvency laws in India. To simplify and expedite the Insolvency and Bankruptcy Proceedings in India. To protect the interest of creditors including stakeholders in a company. To revive the company in a time-bound manner. To promote entrepreneurship. To get the necessary relief to the creditors and consequently increase the credit supply in the economy. To work out a new and timely recovery procedure to be adopted by the banks, financial institutions or individuals. To set up an Insolvency and Bankruptcy Board of India. Maximization of the value of assets of corporate persons. Read Also Strategic disinvestment Highlights of the Code The Code creates time-bound processes for insolvency resolution of companies and individuals.  These processes will be completed within 180 days.  If insolvency cannot be resolved, the assets of the borrowers may be sold to repay creditors. The resolution processes will be conducted by licensed insolvency professionals (IPs).  These IPs will are members of insolvency professional agencies (IPAs).  IPAs also furnish performance bonds equal to the assets of a company under insolvency resolution. Information utilities (IUs) are established to collect, collate and disseminate financial information to facilitate insolvency resolution. The National Company Law Tribunal (NCLT) adjudicate insolvency resolution for companies.  The Debt Recovery Tribunal (DRT) adjudicate insolvency resolution for individuals. The Insolvency and Bankruptcy Board of India regulate functioning of IPs, IPAs and IUs. Key Issues and Analysis Time-bound insolvency resolution requires the establishment of several new entities.  Also, given the pendency and disposal rate of DRTs, their current capacity may be inadequate to take up the additional role. IPAs, regulated by the Board, will be created for regulating the functioning of IPs.  This approach of having regulated entities further regulate professionals may be contrary to the current practice of regulating licensed professionals.  Further, requiring a high value of performance bond may deter the formation of IPAs.  The Code provides an order of priority to distribute assets during liquidation.  It is unclear why: (I) secured creditors will receive their entire outstanding amount, rather than up to their collateral value, (ii) unsecured creditors have priority over trade creditors, and (iii) government dues will be repaid after unsecured creditors. The Code provides for the creation of multiple IUs. However, it does not specify that full information about a company will be accessible through a single query from any IU.  This may lead to financial information being scattered across these IUs. The Code creates an Insolvency and Bankruptcy Fund.  However, it does not specify the manner in which the Fund will be used. Read Also National Crimes Record Bureau (NCRB) IBC Amendment Bill, 2019 The Bill amends the Insolvency and Bankruptcy Code, 2016. The Code provides a time-bound process for resolving insolvency in companies and among individuals. Insolvency is a situation where individuals or companies are unable to repay their outstanding debt. Under the Code, a financial creditor may file an application before the National Company Law Tribunal (NCLT) for initiating the insolvency resolution process. The NCLT must find the existence of default within 14 days. Thereafter, a Committee of Creditors (CoC) consisting of financial creditors will be constituted for taking decisions regarding insolvency resolution. The CoC may either decide to restructure the debtor’s debt by preparing a resolution plan or liquidate the debtor’s assets. The CoC will appoint a resolution professional who will present a resolution plan to the CoC. The CoC must approve a resolution plan, and the resolution process must be completed within 180 days. This may be extended by a period of up to 90 days if the extension is approved by NCLT. If the resolution plan is rejected by the CoC, the debtor will go into liquidation. The Code provides an order of priority for the distribution of assets in case of liquidation of the debtor. This order places financial creditors ahead of operational creditors (e.g., suppliers). In a 2018 Amendment, home-buyers who paid advances to a developer were to be considered as financial creditors. They would be represented by an insolvency professional appointed by NCLT. The Bill addresses three issues. First, it strengthens provisions related to time-limits. Second, it specifies the minimum pay-outs to operational creditors in any resolution plan. Third, it specifies the manner in which the representative of a group of financial creditors (such as home-buyers) should vote. Resolution plan: The Code provides that the resolution plan must ensure that the operational creditors receive an amount which should not be lesser than the amount they would receive in case of liquidation. The Bill amends this to provide that the amounts to be paid to the operational creditor should be the higher of: (i) amounts receivable under liquidation, and (ii) the amount receivable under a resolution plan, if such amounts were distributed under the same order of priority (as for liquidation). For example, if the default were for Rs 1,000 crore and the resolution professional recovered Rs 800 crore, the operational creditor must at least get an amount which they would have received if Rs 800 crore have been obtained through liquidation proceeds. Further, the Bill

Insolvency and Bankruptcy code

Insolvency and Bankruptcy code What is IBC? Insolvency and Bankruptcy Code, 2016 is considered as one of the biggest insolvency reforms in the economic history of India. This was enacted for reorganization and insolvency resolution of corporate persons, partnership firms and individuals in a time-bound manner for maximization of the value of assets of such persons. Background The era before IBC had various scattered laws relating to insolvency and bankruptcy which caused inadequate and ineffective results with undue delays. For example, Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act SARFAESI –for security enforcement. The Recovery of Debts Due to Banks and Financial Institutions Act, 1993 (RDDBFI) for debt recovery by banks and financial institutions, Companies Act for liquidation and winding up of the company, Ineffective implementation, conflict in one of these laws and the time-consuming procedure in the aforementioned laws, made the Bankruptcy Law Reform Committee draft and introduce Insolvency and Bankruptcy Law bill. Objectives of IBC Consolidate and amend all existing insolvency laws in India. To simplify and expedite the Insolvency and Bankruptcy Proceedings in India. To protect the interest of creditors including stakeholders in a company. To revive the company in a time-bound manner. To promote entrepreneurship. To get the necessary relief to the creditors and consequently increase the credit supply in the economy. To work out a new and timely recovery procedure to be adopted by the banks, financial institutions or individuals. To set up an Insolvency and Bankruptcy Board of India. Maximization of the value of assets of corporate persons. Read Also Strategic disinvestment Highlights of the Code The Code creates time-bound processes for insolvency resolution of companies and individuals.  These processes will be completed within 180 days.  If insolvency cannot be resolved, the assets of the borrowers may be sold to repay creditors. The resolution processes will be conducted by licensed insolvency professionals (IPs).  These IPs will are members of insolvency professional agencies (IPAs).  IPAs also furnish performance bonds equal to the assets of a company under insolvency resolution. Information utilities (IUs) are established to collect, collate and disseminate financial information to facilitate insolvency resolution. The National Company Law Tribunal (NCLT) adjudicate insolvency resolution for companies.  The Debt Recovery Tribunal (DRT) adjudicate insolvency resolution for individuals. The Insolvency and Bankruptcy Board of India regulate functioning of IPs, IPAs and IUs. Key Issues and Analysis Time-bound insolvency resolution requires the establishment of several new entities.  Also, given the pendency and disposal rate of DRTs, their current capacity may be inadequate to take up the additional role. IPAs, regulated by the Board, will be created for regulating the functioning of IPs.  This approach of having regulated entities further regulate professionals may be contrary to the current practice of regulating licensed professionals.  Further, requiring a high value of performance bond may deter the formation of IPAs.  The Code provides an order of priority to distribute assets during liquidation.  It is unclear why: (I) secured creditors will receive their entire outstanding amount, rather than up to their collateral value, (ii) unsecured creditors have priority over trade creditors, and (iii) government dues will be repaid after unsecured creditors. The Code provides for the creation of multiple IUs. However, it does not specify that full information about a company will be accessible through a single query from any IU.  This may lead to financial information being scattered across these IUs. The Code creates an Insolvency and Bankruptcy Fund.  However, it does not specify the manner in which the Fund will be used. Read Also National Crimes Record Bureau (NCRB) IBC Amendment Bill, 2019 The Bill amends the Insolvency and Bankruptcy Code, 2016. The Code provides a time-bound process for resolving insolvency in companies and among individuals. Insolvency is a situation where individuals or companies are unable to repay their outstanding debt. Under the Code, a financial creditor may file an application before the National Company Law Tribunal (NCLT) for initiating the insolvency resolution process. The NCLT must find the existence of default within 14 days. Thereafter, a Committee of Creditors (CoC) consisting of financial creditors will be constituted for taking decisions regarding insolvency resolution. The CoC may either decide to restructure the debtor’s debt by preparing a resolution plan or liquidate the debtor’s assets. The CoC will appoint a resolution professional who will present a resolution plan to the CoC. The CoC must approve a resolution plan, and the resolution process must be completed within 180 days. This may be extended by a period of up to 90 days if the extension is approved by NCLT. If the resolution plan is rejected by the CoC, the debtor will go into liquidation. The Code provides an order of priority for the distribution of assets in case of liquidation of the debtor. This order places financial creditors ahead of operational creditors (e.g., suppliers). In a 2018 Amendment, home-buyers who paid advances to a developer were to be considered as financial creditors. They would be represented by an insolvency professional appointed by NCLT. The Bill addresses three issues. First, it strengthens provisions related to time-limits. Second, it specifies the minimum pay-outs to operational creditors in any resolution plan. Third, it specifies the manner in which the representative of a group of financial creditors (such as home-buyers) should vote. Resolution plan: The Code provides that the resolution plan must ensure that the operational creditors receive an amount which should not be lesser than the amount they would receive in case of liquidation. The Bill amends this to provide that the amounts to be paid to the operational creditor should be the higher of: (i) amounts receivable under liquidation, and (ii) the amount receivable under a resolution plan, if such amounts were distributed under the same order of priority (as for liquidation). For example, if the default were for Rs 1,000 crore and the resolution professional recovered Rs 800 crore, the operational creditor must at least get an amount which they would have received if Rs 800 crore have been obtained through liquidation proceeds. Further, the Bill

Industrial relations code bill 2019

Industrial relations code bill 2019 Why in news? The Union Cabinet chaired by the Prime Minister has given its approval for introduction of the Industrial Relations Code, 2019 in the Parliament. Benefits? Setting up of two-member tribunal (in place of one member) introducing a concept that some of the important cases will be adjudicated jointly and the rest by a single member resulting speedier disposal of cases. To impart flexibility to the exit provisions (relating to retrenchment etc.), for which, the threshold for prior approval of appropriate Government has been kept unchanged at 100 employees, but added a provision for changing ‘such number of employees’ through notification. The re-skilling fund is to be utilised for crediting to workers in the manner to be prescribed. Definition of Fixed Term Employment and that it would not lead to any notice period and payment of compensation on retrenchment excluded. Vesting of powers with the government officers for adjudication of disputes involving penalty as fines thereby lessening the burden on the tribunal. Background: The draft code on Industrial Relations has been prepared after amalgamating, simplifying and rationalizing the relevant provisions of following three Central Labour Acts: The Trade Unions Act, 1926 The Industrial Employment (Standing Orders) Act, 1946 The Industrial Disputes Act, 1947  Significance: Codification of labour laws will remove the multiplicity of definitions and authorities, leading to ease of compliance without compromising wage security and social security to workers. Uniformity of coverage:- The new Code on Wages will ensure minimum wages to all and timely payment to employees irrespective of the sector without any wage ceiling. It is expected to treat contract labour on par with a regular employee to have a dignified life. It is expected to provide for an appellate authority between the claimed authority and the judicial forum which will lead to speedy, cheaper and efficient redressal of grievances and settlement of claims as that of earlier. Reduction of unemployment:- For instance, “Seattle’s Minimum Wage Experience 2015-16”, a 2017 study by researchers at the University of California Berkeley, found that since the city raised its minimum wage in 2015, unemployment dropped from 4.3% to 3.3% The bill is expected to benefit over 50 crores employees across the country. The bill is expected to go for digital mode/cheques as the mode of payment of wages. This would promote digitization and extend wage and social security to the worker. It also provides for rationalisation of penalties for different types of violations Will ensure decent Minimum wage for all which will result into increase in disposable incomes in turn help in eradicating Poverty, hunger to achieve SDGs. The multiplicity of definitions will be removed through this change. The wage conditions of unskilled workers will improve. It will ensure humane working conditions through minimum working hours, overtime etc. and prevent exploitation of labour. Can lead to the formalisation of the economy. The Code prohibits gender discrimination on wage-related matters. Also, help in reduce regionalism by reducing wage disparity across different regions. Read Also Anti Defection Law in India Key Issues and Analysis: The central government may set a national minimum wage. Further, it may set separate national minimum wages for different states or regions.  In this context, two questions arise: (i) the rationale for a national minimum wage, and (ii) whether the central government should set one or multiple national minimum wages.  States have to ensure that minimum wages set by them are not lower than the national minimum wage. If existing minimum wages set by states are higher than the national minimum wage, they cannot reduce the minimum wages.  This may affect the ability of states to reduce their minimum wages if the national minimum wage is lowered. The time period for revising minimum wages will be set at five years. Currently, state governments have flexibility in revising minimum wages, as long as it is not more than five years.  It is unclear why this flexibility has been removed, and five years has been set for revision.  The Equal Remuneration Act, 1976, prohibits employers from discriminating in wage payments as well as recruitment of employees based on gender. While the Code prohibits gender discrimination on wage-related matters, it does not include provisions regarding discrimination during recruitment. Conclusion If some of the issues like what would the states which already provide higher minimum wage than the proposed national minimum wage do, Time period for revising minimum wage is fixed at 5 years so there is no flexibility. If these are resolved the code would change the face of Indian economy. Read Also Fiscal Federalism in India Enroll today with the best civils service academy and take your first step towards your Civils journey. 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ISRO & Indian Space Technology

ISRO and Indian Space Technology India decided to go to space when the Indian National Committee for Space Research (INCOSPAR) was set up by the Government of India in 1962. With the visionary Dr Vikram Sarabhai at its helm, INCOSPAR set up the Thumba Equatorial Rocket Launching Station (TERLS) in Thiruvananthapuram for upper atmospheric research. Vikram Sarabhai, having identified the role and importance of space technology in a Nation’s development, provided ISRO the necessary direction to function as an agent of development. ISRO then embarked on its mission to provide the Nation space-based services and to develop the technologies to achieve the same independently. The INCOSPAR was initiated under the leadership of Dr. Sarabhai and Dr. Ramanathan. In the process, it has become one of the six largest space agencies in the world. ISRO maintains one of the largest fleet of communication satellites (INSAT) and remote sensing (IRS) satellites, that cater to the ever-growing demand for fast and reliable communication and earth observation respectively. Indian Space Technology  – Importance  ISRO develops and delivers application-specific satellite products and tools to the Nation: broadcasts, communications, weather forecasts, disaster management tools, Geographic Information Systems, cartography, navigation, telemedicine, dedicated distance education satellites being some of them. To achieve complete self-reliance in terms of these applications, it was essential to develop cost efficient and reliable launch systems, which took shape in the form of the Polar Satellite Launch Vehicle (PSLV). The famed PSLV went on to become a favoured carrier for satellites of various countries due to its reliability and cost-efficiency, promoting unprecedented international collaboration. The Geosynchronous Satellite Launch Vehicle (GSLV) was developed keeping in mind the heavier and more demanding Geosynchronous communication satellites. Various dedicated research centres and autonomous institutions for remote sensing, astronomy and astrophysics, atmospheric sciences and space sciences in general function under the aegis of the Department of Space. ISRO’s own Lunar and interplanetary missions along with other scientific projects encourage and promote science education, apart from providing valuable data to the scientific community which in turn enriches science. ISRO is moving forward with the development of heavy-lift launchers, human spaceflight projects, reusable launch vehicles, semi-cryogenic engines, single and two-stage to orbit (SSTO and TSTO) vehicles, development and use of composite materials for space applications etc. Applications Earth Observation Applications: Earth Observation Satellites of ISRO has been successfully able to establish many operational applications in the country. Both at Central and State level, there is a large number of users who utilise space-based inputs for various purposes. Some of the important missions of ISRO, in terms of IRS series of satellites, that has enabled unique applications of space-based imaging are, Cartosat-1 & 2, Resources at-1 & 2, Oceans-1 & 2, Risat-1, Megha-Tropiques, SARAL, Scatsat, INSAT series, and host of other satellites. ISRO is in the verge of realising next generation of these satellites, as part of a continuity of missions, to ensure that the user community is continuously benefitted from space inputs for sustainable development and good governance. Disaster management support: In order to better understand the risks due to disasters like floods, landslides, cyclones, forest fires, earthquakes, drought etc, it is necessary to integrate satellite and field-based observations and to work towards risk reduction principles. Disaster Management Support (DMS) Programme, comprehensively addresses various aspects of natural disasters in the country, using space-based inputs. ISRO disseminates relevant information in the interactive geospatial domain through various geo portals like Bhuvan, National Database for Emergency Management and MOSDAC for the administrators to better understand the impact and for improved decision support. ISRO provides the satellite-based near real-time information support to Central Ministries / Departments and State Ministries / Departments, prior during and after major natural disasters. In addition, ISRO also provides capacity building in the use of Space technology inputs in Disaster Management Support. ISRO is actively involved with various other countries with regard to disaster management, through international frameworks, such as International Charter ‘Space & Major Disasters’, Sentinel Asia, UNESCAP and so on. Satellite Communication: It has become widespread and ubiquitous throughout the country for such diverse applications like Television, DTH Broadcasting, DSNG and VSAT to exploit the unique capabilities in terms of coverage and outreach. The technology has matured substantially over past three decades and is being used on a commercial basis for a large number of applications. Important initiatives pursued by ISRO towards societal development include Tele-education, Tele-medicine, Village Resource Centre (VRC) and Disaster Management System (DMS) Programmes. The potential of space technology for applications of national development is enormous. Role of ISRO in Indian space technology India is still is a developing country with vast developmental and security concerns. In this context, it is very difficult to justify the allocations for space missions that do not have a direct bearing on development. Successfully launched of MOM and a planned rover onto the moon surely boosted the Indian space program. But India’s reliance on satellites has created military vulnerabilities. India holds the view that reliance on the integration of outer space and cyber capabilities will only increase in future conflicts. But now beyond the maritime domain, India has been relying on foreign partners for many other satellite-based communications and data services. For instance, it continues to rely on NASA for deep space communications. Read Also The Vedic Culture Involvement of the private sector with ISRO Advantages This attempts to increase the number of satellite launches and also explore more research-related opportunity areas in order to overcome manpower and budgetary constraints. The private sector would be responsible for the AIT (Assembly, Integration and Testing ) of satellites at ISRO facilities. The private sector already supplies the majority of the sub-systems in satellite manufacturing. This will let the private industry build their own facilities after gaining enough expertise. ISRO ‘s in-house capacity is limited so they can offload 30-40% of the work to the private sector. The collaboration with private players is vital for capacity building, cost reduction and getting an extra mile cutting-edge advantage. iSRO has 42 operational satellites for multiple purposes,

Anti-microbial resistance in India

Anti-microbial resistance in India Antimicrobial resistance is an important concern for the public health authorities at a global level. However, in developing countries like India, recent hospital and some community-based data showed an increase in the burden of antimicrobial resistance. What is AMR? Antimicrobial resistance (AMR) is the ability of a microorganism (like bacteria, viruses, and some parasites) to stop an antimicrobial (such as antibiotics, antivirals and antimalarial) from working against it. As a result, standard treatments become ineffective, infections persist and may spread to others. When an organism is resistant to more than one drug, it is said to be multidrug-resistant. Two main contributing factors are, Excessive use of antimicrobials and, Inadequate infection control policies facilitating the spread of resistant microorganisms. Challenges Strengthening of Surveillance Data Standard Operating Guidelines Improvement in antibiotic prescription practices Over the counter sale of antibiotics Poor sanitation, endemic infections, malnutrition Limited public awareness and government commitment Lack of coordination and fragmentation of effort Perverse incentives. The journey so far: AMR is one among 10 global health threats list published by WHO, which demand immediate attention. Understanding the gravity of the problem, the World Health Assembly has adopted the Global Action Plan on AMR in the year 2015 as a part of the tripartite collaboration with World Health Organization, Food and Agricultural Organization, and World Organization for Animal Health. India’s National Action Plan (NAP) for AMR was released in April 2017 by the Union Ministry of Health and Family Welfare. The objectives of the NAP include improving awareness, enhancing surveillance measures, strengthening infection prevention and control, research and development, promoting investments, and collaborative activities to control AMR. On the basis of the NAP, various states have begun the process of initiating their State Action Plans. A National Policy for containment of Antimicrobial Resistance (AMR) in the country was formulated in the year 2011 and has been widely disseminated. The said policy envisages enforcement and enhancement of regulatory provisions for the use of antibiotics for humans as also for veterinary use. The Drugs and Cosmetic Rule, 1945 were amended in 2013 to incorporate a new Schedule H1 under the said rules containing 46 drugs which include third and fourth generation antibiotics, anti TB drugs and certain habit forming drugs for having strict control over the sale of these drugs. The Drugs falling under Schedule H1 are required to be sold in the country with conditions A National Programme for Containment of AMR has also been initiated in 12th Five Year Plan The Government of India has signed Memorandum of Understanding/Agreement for cooperation in health with several countries. AMR has been identified as one of the area of cooperation in agreements with some of these countries including Sweden, Netherland and U.K. Indian Council of Medical Research (ICMR) has signed a Memorandum of Understanding (MoU) with the Research Council of Norway (RCN), and also initiated collaboration with National Institute of Health, USA (NIH) and Centers for Disease Control, Atlanta, USA (CDC) regarding antimicrobial resistance.  Read Also Biomining Way forward Establish a national alliance against antimicrobial resistance with all key stakeholders as its members. There should be an integrated approach between provider and consumer sides to effectively prevent the antimicrobial resistance Implement appropriate surveillance mechanisms in the health and veterinary sectors to generate reliable epidemiological information, baseline data, trends on antimicrobial resistance, utilization of antimicrobial agents and impact on the economy and health through designated national and regional reference centres. Private pharmaceutical industries must take it upon themselves to distribute drugs in a responsible manner. Philanthropic charities must fund the development of new antibiotics, while citizen activists must drive awareness. These stakeholders must appreciate that the only way to postpone resistance is through improved hygiene and vaccinations. Discourage non-therapeutic use of antimicrobial agents  Develop national standard treatment and infection control guidelines  Conduct of operational research for better understanding of the technical and behavioural aspects of prevention and control of antimicrobial resistance.  Strengthen the communicable diseases control program to reduce disease burden and accord priority to the discipline of infectious diseases in medical education and health services. Read Also Insolvency and Bankruptcy Code Conclusion There exist lacunae in the structure and functioning of the public health care delivery system with regard to quantification of the problem and various determining factors related to antimicrobial resistance. There is an urgent need to develop and strengthen antimicrobial policy, standard treatment guidelines and a national plan for containment of AMR in India. There should be more focus on research related to public health aspects of AMR at community and hospital level. Information Education Communication activities with monitoring and evaluation of the existing health care delivery system for both health care providers and consumers to improve drug use, should be undertaken simultaneously. Enroll today with the best civils service academy and take your first step towards your Civils journey. Feel free to reach out to us for any inquiries, collaborations, or support. We’re here to help. join now

Relevance of RTI, based on the recent judgment of SC

Relevance of RTI, based on the recent judgment of SC Recent News Supreme Court has upheld the 2010 Delhi High Court Verdict and ruled that the office of Chief Justice of India is a public authority under the right to information Act. The five-judge bench led by Chief Justice of India highlighted the importance of transparency in the judiciary and said right to privacy and confidentiality is an important aspect. Apex court also held that judicial independence has to be kept in mind while dealing with transparency. RTI Act 2005 Under the RTI Act, 2005, every public authority has to provide information to persons requesting for the information under the Act. Public Authority includes the body constituted by or under the Constitution.   Information includes any material in any form, including records, documents, memos, e-mails, etc. Significance Correspondence between the government and the judiciary on important issues such as the appointment of judges by the collegium, or, say, between political authority and a judge with respect to a certain case may now find its way into the public domain. The SC ruling paves the way for political parties to be brought under the RTI Act.  Since registered political parties have affirmed their allegiance to the Constitution, Article 19 1 (a) of the Constitution, which upholds the right to information, must apply to them. The apex court will now have the moral heft to extend the RTI to political parties, whose finances are a subject of considerable mystery. Section 8 (1) (j) of the RTI Act: The Delhi High Court has observed that information on the expenditure of government money in an official capacity cannot be regarded as personal information. This is well defined under Section 8 (1) (j) of the RTI Act, which says: “there shall be no obligation to give any citizen information which relates to personal information the disclosure of which has no relationship to any public activity or interest, or which would cause unwarranted invasion of the privacy of the individual unless the Central Public Information Officer or the State Public Information Officer or the appellate authority, as the case may be, is satisfied that the larger public interest justifies the disclosure of such information.” There is much that the public can legitimately ask of the workings of the judiciary, such as verdicts delayed after the arguments have been heard. The belief that disclosure of information on the functioning of the judiciary will undermine its independence lacks basis. Justice is fundamentally based on the equality of all citizens before the law, and that includes lawmakers and its guardians. Justice is based on the rule of reason over fear and mystery. A judiciary that has little to conceal will be confident about interpreting the law without fear or favour. I can’t be used as a tool of surveillance: There is certain information which is inherently private and presumptively protected under the privacy right. This inherently private information includes age gender sex, sexual preferences etc. Referring to the RTI provisions, they also deal with exemptions and information that cannot be given to applicants, but the public interest should always “outweigh” personal interests if the person concerned is holding or about to hold a public office. Dealing with “judicial independence”, the National Judicial Accountability Commission Act was struck down for protecting the judiciary against interference from the executive, but this did not mean that judiciary is free from “public scrutiny”. This is not independence from accountability. Read Also Anti Defection Law in India Independence of judiciary means it has to be independent of the executive and not independent from the common public. People are entitled to know as to what public authorities are doing. Judiciary should be independent from the executive, not common public: Separating the issue of accountability from independence, “Independence of the judiciary means it has to be independent from the executive and not independent from common public. People are entitled to know as to what public authorities are doing.” In this light, CJI demanded that the discussions the collegium should be made public and the information could either be shared under the RTI Act or on a case-to-case basis. The Judiciary needs to be protected from attempts to breach its independence. Such interference requires calibration of an appropriate amount of transparency in consonance with judicial independence.  Fear of negative publicity preventing people from becoming judges: During the hearing in the case in the Supreme Court, the constitution bench observed that due to fear of negative publicity many were now opting out of the race to become judges. It had observed that the professional and family life of people could also be impacted by such publicity. Therefore, CJI had orally observed on the last day of hearing that, “Nobody wants a system of opaqueness, but in the name of transparency we cannot destroy the institution of judiciary.” Both rights to information and privacy were constitutional rights and not absolute. Principle of proportionality is to be applied and the information disclosed should be proportional to the public interest at stake. Conclusion Striking a balance between Right to Information and Right to Privacy is essential. Both the rights were not in conflict with each other but were two faces of the same coin. The Supreme Court said that confidentiality and right to privacy have to be maintained and added that RTI can’t be used for as a tool of surveillance. It also said only names of judges recommended by the collegium can be disclosed, not the reasons. Failure to bring about accountability reforms would erode trust in the courts’ impartiality, harming core judicial functions. Transparency and the right to information are crucially linked to the rule of law itself. Read Also Justice Verma Committee (JVC) recommendation Enroll today with the best civils service academy and take your first step towards your Civils journey. Feel free to reach out to us for any inquiries, collaborations, or support. We’re here to help. join now

India’s Foreign Policy, Notes by UPSC Topper

India’s Foreign Policy and Associated Factors Para Diplomacy Para Diplomacy refers to international relations conducted by subnational or regional governments with a view to promoting their own interest. The increasing role of states in India’s foreign relation entails both roadblocks and opportunities for India as a nation. Relevance Trade Ties: States and cities of India being producers and consumers of various goods and services are central to developing trade based ties. Tripura’s setting up of border Haats and Punjab’s push for an additional route to the Wagah indicate the willingness of states along these lines Spice trade of Kerala with Srilanka, South-East Asia and Europe Border States: The sharing of trans-boundary resources and collective security need the participation of the state government before concluding an agreement. Thus, the state governments play a vital role in ensuring or disturbing good relations between India and her neighbours The disruptive role of West Bengal in Teesta river water sharing agreement Ethnic Ties: India’s rich ethnic diversity enables it to build a cultural bond with foreign nations. The visit by the Canadian Prime Minister to Harminder Sahib and discussions with the Punjab government are all illustrative of the increasing role of states in fostering culture. The role of the Tamil Nadu government in Sri Lanka’s ethnic conflict between Tamil and Sinhalese State Diaspora: Significant number of state populations migrate to preferred nations. They serve as a pressure group and also as a bonding factor in India’s relationship. They bring remittances to the country enabling growth and prosperity Kerala’s large emigrant population to Middle East Investment: Several states in an era of competitive federalism is competing for foreign investments that can serve as the bedrock for better inter-country relations Gujarat’s liberalisation of laws and the launch of GIFT City for foreign investment Telangana’s holding of the Global Entrepreneurship summit with the U.S as partner Climate Change: In light of increased green house gas emissions, it is pertinent that a bottom up approach that converges with the Paris INDC targets is adopted. In this light engagement of states with global subnational governments is most relevant Under 2 coalition of subnational governments to achieve net zero carbon emission by 2050 has Telangana and Chhattisgarh as its members Enhanced Good will: Several state government initiatives in India have garnered the appreciation of the international community. This has increased India’s soft power as a promoter of good will and prosperity Kanyashree Prakalpa received UN acclaim Municipal Diplomacy: The cities that produce the highest share of India’s GDP holds the key to attracting foreign investment, producing and consuming for trade. Cities around the world can share knowledge to tackle common problems of pollution, transportation, waste management, housing and water crisis. Eg: Sister cities of Bangalore and Beijing State Diaspora: Significant number of state populations migrate to preferred nations. They serve as a pressure group and also as a bonding factor in India’s relationship. They bring remittances to the country enabling growth and prosperity Kerala’s large emigrant population to Middle East Investment: Several states in an era of competitive federalism is competing for foreign investments that can serve as the bedrock for better inter-country relations Gujarat’s liberalisation of laws and the launch of GIFT City for foreign investment Telangana’s holding of the Global Entrepreneurship summit with the U.S as partner Climate Change: In light of increased green house gas emissions, it is pertinent that a bottom up approach that converges with the Paris INDC targets is adopted. In this light engagement of states with global subnational governments is most relevant Under 2 coalition of subnational governments to achieve net zero carbon emission by 2050 has Telangana and Chhattisgarh as its members Enhanced Good will: Several state government initiatives in India have garnered the appreciation of the international community. This has increased India’s soft power as a promoter of good will and prosperity Kanyashree Prakalpa received UN acclaim Municipal Diplomacy: The cities that produce the highest share of India’s GDP holds the key to attracting foreign investment, producing and consuming for trade. Cities around the world can share knowledge to tackle common problems of pollution, transportation, waste management, housing and water crisis. Eg: Sister cities of Bangalore and Beijing Read Full GS Notes Conclusion       While New Delhi needs to adopt a firm stand on matters of core national interest, it also needs to give state governments greater freedom to establish cross border cultural and economic linkages conducive for the nation. Such a balanced policy fosters marriage between cooperative federalism and collaborative sub-regional cooperation. Key Words Panchasheel 1.Idealistic Phase Template for Peaceful Relations: Gujaral Doctrine Non-Alignment Strategic Autonomy South-South Cooperation   Read Also World Trade Organization Enroll today with the best civils service academy and take your first step towards your Civils journey. Feel free to reach out to us for any inquiries, collaborations, or support. We’re here to help. Join Now

World Trade Organization & United Nations Security Council, notes by UPSC Topper Ravisankar sarma

World Trade Organization Trade Protection Measures under WTO                 WTO allows member countries to adopt certain measures to protect their domestic industries from the influx of cheap imports. The Anti-dumping duty, as well as the Countervailing duty, are both instruments used by member countries to safeguard their domestic industry from the competition with low-cost imports. Anti-Dumping Duty                 When a country exports goods at low prices compared to its own domestic market and sometimes even lower than production cost with the intention to harm domestic producers of the importing country, the importing country can impose an anti-dumping duty to counteract the influence of low priced imports. Hence they help in levelling the playing field and ensure equal competition between domestic and imported products Countervailing Duty                 A countervailing duty is also imposed on low-cost imports but here the subsidies provided by the exporting countries (tax or credit) are the enablers for selling the products at low cost in the importing country. Countervailing duties negate the advantage of subsidies for exporters and level the playing field between domestic producers and exporters. Dispute Settlement Process Member nations of the WTO when they are unable to bilaterally resolve disputes regarding matters of trade, they seek the help of WTO to act as an intermediary to help resolve or settle the dispute.  The disputes may be regarding environmental protection, animal welfare and food safety (Sanitary and Psyto-Sanitary Measures), Tax Evasion, Money Laundering, renewable energy subsidies etc. WTO has its own dispute settlement institution which is called the Dispute Settlement Body (DSB). The DSB comprises of all members of the WTO and is a political body found by Dispute settlement understanding- a set of rules that govern this process. DSB has provided a platform for developing and LDCs to take developed countries to court and thus has been seen as a great leveller considering its independent and autonomous functioning solely based on the framework of rules. Procedure of Resolution                 Initially, the country whose measure was being challenged could walk away without accepting the results of the resolution, this right of the losing party was eliminated in the Uruguay round of negotiations.                 Post the Uruguay round, DSB can establish panels, adopt reports of panels and reports of the Appellate Body unless there is a consensus against it which must be unanimous from all members. Important Legislations, notes by UPSC Topper Ravisankar Sarma  GS-2 Strategy By Upsc Topper Ravisankar Sarma Appellate Body                 AB is a body comprising of 7 individuals that function out of Geneva. It hears appeals from reports issued by panels established by the DSB. AB is vested with the power to uphold, modify or reverse the legal findings and conclusions of a panel. Its reports are binding on all parties to the dispute, that is no party can walk away from it.                 AB should ideally rule upon an appeal by 60 days which is extendable to 90 days. However, delays in resolving disputes often lead to countries being forced to look for solutions outside the WTO. The poorer countries are most affected in such a scenario eventually deterring many countries from bringing their disputes to WTO.                 The US has so far refrained to participate in the appointment of judges to the AB which substantially weakens the DSM. Any weakening of the DSB is detrimental to developing countries as judicial measures outside WTO would be mostly in advantage to developed countries. Shifting Paradigm of World Trade                 Once the US and the UK were the key players in the global trade dynamic. With new incumbent administration in both countries adopting protectionist measures, the paradigm of world trade may be shifting to developing countries of East – Russia, China and India. The weakening of EU and the withdrawal of the US from WTO proceedings is indicative of such a shift. International Economic Institutions TRADE FACILITATION AGREEMENT Came into reckoning during Bali 2013 Ministerial Conference Developed countries agreed to allow developing countries to continue with unlimited amber box subsidies till 2017 when a permanent solution is reached Developing countries in return had to sign trade facilitation agreement In Feb 2017, WTO member countries including India ratified the agreement at WTO Features TFA targets smoothening of trade with increased transparency, efficiency and predictability at ports, faster clearance procedures and improved appeal rights for traders are to be addressed by countries Helps in lowering trade costs of member countries as well as reducing the time taken for exports and imports Concurrent with India’s own policy initiatives of introducing Single Window Clearances and improving Customs clearances in ports INDIA’S CONCERNS AT WTO Trade Facilitation in Services: Similar to TFA in goods movement, India seeks to bring about an exhaustive framework that deals with the movement of people or services across borders. India is keen to reach a common consensus due to its overwhelming capability in the service sector as compared to the goods exchange Agricultural Subsidies: Under the Doha Development Round, developing countries were allowed to provide amber box subsidies only till 2017 in the 2013 Bali Summit in an agreement called the ‘Peace Clause’ between developed and developing countries.                 The peace clause protects countries from using publicly procured food stock for food security purposes beyond stipulated limit of 10% from WTO disputes for an indefinite period.                 However, a permanent solution was not reached till 2017 and India hence advocates a permanent solution to the issue of amber box subsidy provision of developing countries and withdrawal of export subsidies from developed countries (prescribed by Nairobi Summit by 2018 for developed countries and by 2023 for developing countries) Fisheries Subsidies: Domestic subsidies provided to local fisherman folk have faced opposition from WTO members voicing concerns of discriminatory market access to domestic and foreign fishery products. India aims to protect its domestic fisheries industry particularly the small scale and local industries to facilitate coastal community development. Friends of E-Commerce for Development:  At the Buenos Aires Summit, a new binding agreement on e-Commerce which proposes for ICT, logistics and payment solutions

Role of Pressure Groups Notes by UPSC Topper Ravisankar Sarma

Role of Pressure Groups What is Pressure Groups? A pressure group refers to a group of people that come together to influence and change government policies in a manner that is concurrent and suitable to their interest. They hold no aspirations for gaining political power and hence does not directly take part in elections. Positive Role of Pressure Groups in Democracy Check on Government Actions: Pressure groups shores up the accountability of the government and serve as a vital check on government actions and inaction. It helps in cultivating a responsive and pro-active government. Eg: MKSS – RTI Citizen Participation: Pressure groups provide a platform for citizens with common aspirations and opinions to engage with the state. Hence they enhance political consciousness of average citizens transforming the country into a participative democracy rather than merely an elective democracy. A bridge between Government and Public: Pressure groups of different sections in society help articulate their aspirations and interests to the government which allows the government to take better governance, legislative and administrative decisions. Eg: Bharatiya Muslim Mahila Andolan – Criminalization of Triple Talaq bill They raise awareness among the general public regarding government policies and schemes, their utility, benefits and coverage. Eg: Shuddhi(NGO)’s support and assistance in implementation Swachh Bharat Abhiyan Negative Role of Pressure Groups Promotion of Sectional interest: The influence exerted by pressure groups is reflective of sectional interest rather than in consonance with the larger public interest. Eg: SNDP is an organization that works for the betterment of the Ezhava community in Kerala alone Divisive tendencies: Pressure groups promote interests of multiple sections which may be conflicting in nature. This has a tendency to lead to polarisation which affects the unity of our country Read Also Mukurthi National Park Eg: Ghar wapsi movement of Vishwa Hindu Parishad to facilitate re-conversion of non-hindus to hindus has soured relations between Hindu and Muslim communities Anti-Development: Pressure groups may exert unwanted and ill-conceived pressure to scuttle developmental projects of government. They may mobilize public opposition to achieve the same. Eg: Recent protest in Kudankulam nuclear power plant Asymmetrical Benefit: Greater possession of economic and political resources with small number of pressure groups help them to corner benefits accorded by government policies and decisions.  Eg: Large scale businesses and entrepreneurs are likely to benefit better from the newly implemented goods and services tax system as compared to MSMEs. The greater influence of pressure groups such as FICCI and CII may have played a part in the same. Formal Pressure Groups These are pressure groups formally organized and registered bodies having their constitution, finances etc. The government are aware of their presence and consider the opinions articulated by them before framing legislations, policies and schemes of which they are potential stakeholders. Eg: FICCI, CII, IMA Informal Pressure Groups                 These are groups that are formed on the basis of a commonality of identities, they are informally organized and are not registered with the government. These pressure groups are largely based on religion, caste, ethnicity and language etc. Eg: Bharatiya Muslim Mahila Andolan – Pressure group that works for equality for Muslim women in India How do pressure groups participate in the Indian political process? Do you agree with the view that informal pressure groups have emerged as more powerful than formal pressure groups in recent years? How Pressure groups influence public policy? Electioneering: Placing in public officer persons who favour their interests better Lobbying: Persuading public officers to adopt and enforce policies of their interest Propagandizing: Mobilizing public support for their cause by making appropriate use of media or other political methods of marches, strikes, protests Role of NGOs Citizen Participation: NGOs provide a platform for ordinary citizens to be effective participants in a democratic society by raising a collective voice. Hence civil society organisations are vital to India being not merely an elective democracy but a participative one, where voters are able to engage and question its representatives. Check mechanism: Keeps a check on the government’s activities and ensures it remains accountable, answerable, responsive and pro-active. Mazdoor Kisan Shakti Sankethan’s pressure on government to bring about RTI act Socio-Economic Emancipation: Assists the state in implementation of its welfare schemes and projects in various fields including poverty, hunger, environment, women empowerment etc. Mid-day meal scheme: ‘Akshayapatra’ NGO assisting in the implementation Need for State Regulation of NGOs Inappropriate usage of funds: Donations appropriated have not been put to judicious and productive usage. Large proportion of funds have been diverted for institutional and salary needs whereas actual contribution to socio-economic emancipation has been below par NGOs asked to file income tax returns without overdue to regulate spending. They cannot spend more than 50% on administration Channel for Money laundering: NGOs have been used as a garb to launder money for terrorist, extremist and religious conversion activities. Foreign Contribution Regulation Act imposed legal restrictions on foreign donations to NGOs. Many terrorist and extremist agencies have been using such money channels for money laundering for anti-national activities NGOs need to submit an annual report on financial contributions and donors Anti-Developmental Activities: NGOs have also been found to mobilise public opposition and hatred towards government development projects without genuine reasons that have caused substantial economic losses to the country. Kudankulam Nuclear power project faced huge protests that received financial support from U.S based NGOs Formal associations Political Party                 A political party refers to a group of people who come together driven by a common political ideology with an objective of attaining political power. They aspire to directly take part in elections and gain control of administration and governance in the country. Role of Political Parties Political Consciousness: Political parties provide an avenue for citizen to be recruited into political activities and provide political orientation to them Mobilize the electorate: At the time of elections, parties activate, promote and propagate their ideology of governance and administration among the electorate Interest Articulation: Political parties may be built on the very foundation of representing interest of certain sections of society which they campaign for and initiate a healthy debate in the public domain. Bahujan Samajwadi party founded mainly to represent the interest of Dalit

India and different international Blocs

India and different international Blocs INDIA-ASEAN India recently celebrated 25 years of partnership with ASEAN and has elevated its relationship to strategic level in the past 5 years. India’s relationship with ASEAN is pivotal to the success of the Act East Policy which seeks multi-dimensional cooperation with ASEAN countries. The India-ASEAN partnership is based on the pillar of 3Cs- Connectivity, Commerce and Culture. Why ASEAN for INDIA? Economic Cooperation: The service market of south-east Asian tiger economies and the trade in goods and services have been a characteristic feature of India’s Look East policy and aims to be strengthened through the Act East Maritime Security: India and ASEAN desire to share cooperation to ensure a free and open Indo-Pacific conducive to economic engagements and secure from traditional and non-traditional threats. China’s extra-regional presence in the Indian ocean and the South China sea claim heighten the importance of maritime security Cultural Cooperation: India and ASEAN have rich cultural links that are leveraged for intra-regional tourism and to enhance people to people connectivity. Development of North-East: ASEAN remains a pivotal player in ensuring connectivity and development of north-eastern states. As the act east policy iterates, India looks east through north-east Why India or ASEAN? Maritime Security Balancing China: ASEAN countries are heavily dependent on China in defence and infrastructural development. China’s peaceful rise and cheque book diplomacy have invoked a desire among ASEAN to seek a better balance of power in South Asia through increased strategic cooperation with India The market for their goods: ASEAN benefits heavily from economic cooperation with India and has seen its trade surplus soar over the years. Cheap Labour: India also provides cheap labour to South East Asia particularly in the skilled IT sector and service sector. Economic Cooperation:  The ASEAN Economic Community (AEC) agreement has 4 basic pillars of engagement: competitive economic regions, equitable economic development, a single market and production base and integration with global economy                 The RCEP agreement seeks to reduce tariff and non-tariff barriers between India and ASEAN nations with greater impetus to provide free trade between nations.                 The ASEAN Framework Agreement on Services has the potential to enhance trade in services an area of key concern for India with its large quantum of skilled employees in the service sector.                 Global Production Networks (GPN) aims to promote parts or component industries of India and ASEAN countries. This would help bridge technology requirements in electrical machinery, vehicles and professional and scientific equipment. Connectivity Projects                 Kaladan Multimodal Project: India-Myanmar connectivity project to enhance the connectivity of North-East regions through Myanmar.                 India-Myanmar-Thailand Trilateral Highway Defence Cooperation Maritime Security: As per the Delhi Declaration, India and ASEAN countries has enhanced maritime cooperation and security in the Indo-Pacific to guard against traditional and non-traditional threats. All nations committed to freedom of navigation particularly in the context of extra-regional presence of China in the Indo-Pacific Counter-Terrorism: The Delhi declaration between India and ASEAN states focuses on combating terrorism, disrupting terror networks, tracking cross border movement of terrorists and monitoring recruitment of terrorists through the internet Cultural Cooperation Buddhism: India’s rich Buddhist heritage is shared by the South-East Asian nations that has a large Buddhist population. The common cultural linkages can be leveraged to promote tourism and people-to-people exchange between countries. Conclusion                 India has always looked East to see the nurturing sunrise and the light of opportunities. The peace and stability of the Indo-Pacific is hence indispensable to India’s future.               RCEP A mega free trade agreement between ASEAN countries and 6 regional countries including India, China, Australia, Japan, South Korea and New Zealand to liberalize investment, reduce tariff and non-tariff barriers to trade and remove service trade restrictions. Such a move is seen to induce positive competition among manufacturers and service providers with the consumer ultimately benefiting with a wider range of choices at affordable prices. Concerns regarding RCEP High Trade Deficit: A free trade agreement (FTA) would force India to reduce import tariffs thus bourgeoning its trade deficit with South-East Asian nations and particularly with China given the presence of cheap Chinese goods in Indian market Competition from Domestic Industries: The RCEP would provide South East Asian nations and China with a concessional tariff rate market that might cause tough competition for India’s domestic industries in pharma, medical, textile and dairy sectors even in public procurement E-commerce Issues: Asymmetrically disadvantageous to India as most data servers are located outside India who are able to process the information and acquire data intelligence that becomes a valuable economic resource. IP Laws: Japan and South Korea are pushing for TRIPS plus which are stricter terms for IP as compared to current TRIPS regime followed by India in accordance with WTO. A stricter IP regime in the RCEP would be disadvantageous to India’s generic medicine industry. Service Trade: India aspires to liberalize service market of RCEP bloc to leverage its demographic dividend. However, several of the countries including Australia have put restrictions on the immigration and temporary movement of service personnel into their country Obstacles to Trade and Investment between India and ASEAN Poor Physical Connectivity: Maritime and air routes to South East Asian nations are not robust enough to accommodate an increased flow goods or commodities from India to South East Asia Lack of Competitiveness: The complex tax structure, poor technology and production methods have held back Indian manufactured goods from gaining access to South-East Asian nation markets Differential Environment in South-East Asia: Multiple countries are at differing levels of socio-economic development which necessitates SMEs adopt a country-specific supply chain strategy Lack of Research and Development: Low R&D means low innovation or diversified products while it also affects profitability and efficiency in production. This reduces market for Indian goods in ASEAN Chinese Presence: China has outsourced a large quantum of its production to CLVT countries which has dented the prospects of Indian exporters Political Issues like the South China Sea between ASEAN nations that hurt free navigation prospects [the_ad id=”7162″] Way Forward ‘Make in India’: SMEs need to be incentivized to produce more within India. The tax structure and compliance shall be eased to enhance their competitiveness in the global arena FDI relaxation: Foreign direct investment can enable technology upgradation to enhance efficiency in the production of SMEs enabling increased profitability The recent relaxation in the SRBT sector is an opportunity for the same Improving Connectivity: India can focus on existing road and