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Foreign Policy Watch: India-Nepal

Thinking through the Nepal policy

Note4Students

From UPSC perspective, the following things are important :

Prelims level: Treaty of Sagauli

Mains level: Paper 2- India-Nepal relations

Unilateral actions by Nepal

  • Minor dispute involving territory around the Kalapani springs, was expanded to claim a large wedge of Indian territory towards the east, measuring nearly 400 square kilometres.
  • The expanded claim was incorporated into Nepal through a constitutional amendment and a revised official map.

Future course of action

  • India should be willing to engage in talks with Nepal on all aspects of India-Nepal relations.
  • But any talks on the Kalapani issue should be limited to the area which was the original subject for negotiations and Susta.
  • Borders which have been accepted by both sides for more than 100 years and which have also been reflected on their official maps cannot be unilaterally altered by one side coming up with archival material which has surfaced in the meantime.
  • This would make national boundaries unstable and shifting, and create avoidable controversies between countries as is the case now between India and Nepal.

Some historical background

  • The Treaty of Sugauli of 1816 sets the Kali river as the boundary between the two countries.
  • There was no map attached to the treaty.
  • Nepal is now claiming that the main tributary of the Kalapani river rises east of the Lipu Lekh pass from the Limpiyadhura ridgeline and hence should serve as the border.
  • Even if the lengthiest tributary may be one principle for a riverine boundary, it is not the only one.
  • There are many boundaries which do not follow any geographical principle at all but are the result of historical circumstances, mutual agreement and legal recognition.
  • British surveys of the region consistently showed the India-Nepal border heading due north of Kalapani springs.
  • This alignment never changed in subsequent years and was also reflected in Nepali official maps.
  • It has been argued by Nepal that it was the East India Company and successor governments “cartographic chicanery” to shift the source of the Kali river towards the east.
  • But Nepali government never contested such actions.
  • In 1969, the then Prime Minister of Nepal demanded that India military personnel manning 17 villages along the Nepal-Tibet border since the early 1950s be withdrawn.
  • If Lipu Lekh and Kalapani were on Nepali territory then why were they omitted from the list?
  • The Chinese, at least since 1954, have accepted Lipu Lekh Pass as being in Indian territory.
  • In the Nepal-China boundary agreement of 1960, the starting point of the boundary is clearly designated at a point just west of the Tinker Pass.

Consider the question “Nepal’s newfound aspiration has led to the introduction of friction in India-Nepal ties, what is needed is recognition of each others’ concerns. Comment.”

Conclusion

For India, more than the exemplary inter-state relationship, it is the unique people-to-people relations between India and Nepal; and, fortunately, inter-state relations have been unable to undermine the dense affinities that bind our peoples together. While India should reject the Nepali state’s ill-conceived territorial claims, it should do everything to nurture the invaluable asset it has in the goodwill of the people of Nepal.

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Industrial Sector Updates – Industrial Policy, Ease of Doing Business, etc.

The missing large in MSMEs

Note4Students

From UPSC perspective, the following things are important :

Prelims level: MSMEs

Mains level: Paper 3- MSMEs issues and opportunities

MSMEs in India has huge untapped potential. This article suggest the ways to tap it and make the MSMEs major contributor to India’s growth.

What is an issue with MSMEs

  • Despite MSME contributing 20% of the GDP and employing about 110 million workers,  we have failed to make bold policy-moves to make it more productive and competitive.
  •  MSMEs are not becoming ‘larger’ and more dynamic, with 99% of the estimated 60 million being micro-enterprises with limited aspirations.
  • At the core of this lack of competitiveness is a structural issue.

Addressing the structural challenges

Size

  • Consider  India’s largest textile cluster vs Bangladesh’s largest.
  • More than 70% of the units in Tirupur are micro-enterprises with less than 10 employees while only 20% of the units in Narayanganj in Bangladesh have less than 10 employees.
  • This factor makes the cluster in Bangladesh more competitive and helping Bangladesh’s exports grow faster than India’s.
  • Though  Bangladesh has other advantages also, but this structural difference is critical.

Relation between size and productivity

  • Productivity data from manufacturing MSMEs in OECD show that the productivity of medium firms (50-250 people) could be as much as 80-100% higher than that of micro firms (<9 employees).
  • Growth in scale allows them to invest in people to improve skills, in better technology & processes, and in innovation.
  • The most-competitive of them grow from their small beginnings to become world-beaters.
  • This push to grow and improve capabilities and productivity is central to dynamism of any country’s industrial structure.
  • This dynamism of micro-enterprises has been one of the less-reported policy levers behind China’s rise as an industrial powerhouse.

What stops MSMEs in India from growing?

  • Our policy-legacy of highly restrictive asset-based definition which has only recently been relaxed, coupled with a mindset, and, policies, to support the ‘small is beautiful’ narrative.
  • Overly complex regulatory regime doesn’t differentiate enterprises on their scale, other than the really tiny ones, in terms of compliance needs.
  • For example, if a unit has more than six employees, the trade union law becomes applicable, If a unit has more than 10 employees, the Factories Act is applicable.
  • Small enterprises thus face the same multitude of regulatory requirements as larger ones, and end up having compliance costs account for a higher percentage of revenue.
  • For the tiny/micro units, there is simply no incentive to grow and enter the formal economy.

Policy intervention needed

1) Getting MSMEs into formal credit system

  • To do this, we need to adopt an approaches that can help banks and NBFCs move away from asset-backed lending, towards some form of cash-flow-based lending.
  • Small retailers are outside the formal credit system, unable to invest, modernise and grow, given they lack fixed ‘assets’.
  • But, all of them are linked to, and sell, brands of well-known, large companies.
  • If banks and NBFCs work with these companies and use anonymised data on sales and credit-performance to develop credit-scores for lending to them?
  • Similar innovative ways could help cover other micro-unit segments.

2) Simplified tax and regulatory regime

  • The second policy intervention needed is to de-average and implement a simplified tax and regulatory regime for MSMEs.
  • This would also reduce the cost of compliance.

3) Development of digital platform

  • The third intervention, appropriate for digital era, is to develop a comprehensive ‘digital platform’ for the sector.
  • This will call for a mandatory, unique identifier for all.
  • The platform will have to be linked to different relevant databases.

Consider the question “MSMEs in India continues to play an important role in India’s development yet it suffers from structural challenges which hinders it from fueling India’s growth. In light of this, examine the challenges MSMEs faces and suggest the policy interventions.” 

Conclusion

As India launches the Atmanirbhar Bharat Abhiyan to reignite growth of the economy for a post-COVID world, building such a globally-competitive MSME has to become one of the initiative’s core pillars. Only then can our industry improve and sustain its global competitiveness.


Source-

https://www.financialexpress.com/opinion/the-missing-large-in-msmes-a-globally-competitive-indian-mittelstand-is-the-need-of-the-hour/2063155/

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Goods and Services Tax (GST)

How GST created single market

Note4Students

From UPSC perspective, the following things are important :

Prelims level: GST

Mains level: Paper 3- GST and its benefits to various stakeholders

The article analyses the instrumental role played by the GST in transforming nation into a single market dismantling the barriers across the states.

Reduced tax burden on consumers

  • In the pre-GST era, the total of VAT, excise, CST and their cascading effect led to 31 per cent as tax payable, on an average, for a consumer.
  • In its first two years, as the collections improved, the GST Council kept reducing the tax burden on consumers.
  • Most items have been brought in the 18 per cent, 12 per cent or even 5 per cent category.
  •  Most items of daily common use are in the zero to 5 per cent slab.
  • An analysis by the Reserve Bank of India (RBI) observes that since the roll out of GST, the rate changes have brought down the GST incidence from 14 per cent to 11.6 per cent.
  • This explains the revenue loss stated above. The consumer pays less tax now under the GST.

Flexibility and increased compliance

  • Taxation threshold for goods was increased to Rs 40 lakh.
  • The composition limit was increased from Rs 75 lakh to Rs 1.5 crore.
  • For manufacturers, composition tax rate was lowered from 2 per cent to 1 per cent.
  • The composition scheme was extended to services as well.
  • Special lower rates without Input Tax Credit (ITC) were prescribed for construction and restaurants.
  • As per an RBI calculation, the weighted GST rate at present is 11.6 per cent.
  • The revenue-neutral rate determined at the time of GST introduction by its own committee was 15.3 per cent.

Widened tax base

  • Today, there are 1.2 crore GST assessees compared to 65 lakh at the time of introduction of the tax regime.
  • The average revenue collected per month for the nine months (July-March) in 2017-18 was Rs 89,700 crore in  2018-19 it rose by 10 per cent to Rs 97,100 crore.
  • In FY 2019-20, the revenue per month was Rs 1,02,000 crore.
  • This steady increase was despite the various concessions and rate reductions mentioned above.

 Simplification

  • GST is an IT-enabled platform.
  • Accounting and billing software is provided free to the small taxpayers.
  • Those with nil return to file can do so with an SMS.
  • Since the registration is completely online, the refund process is also fully automated.
  • The Centre is the only refund disbursal authority and no physical interface is required.

Agriculture sector under GST

  • Concessions are extended to the agriculture sector under GST, agricultural inputs such as fertilisers, machinery have seen a considerable reduction in rates.
  • Other inputs such as cattle/poultry/aquatic feeds are kept at the nil rate.
  • Agricultural produce such as vegetables, fruits, flowers and foodgrains are exempt from GST.
  • Dairy products — milk, curd, lassi, buttermilk and minor forest produce such as lac, shellac and sisal leaves are also exempt.
  • Silk cocoon, raw silk, wool, jute fibre are nil rated.
  • In the pre-GST era, many of these were in the 5 per cent slab.
  • Service inputs to agriculture are similarly treated.
  • Before the introduction of GST, many such items were taxed at a standard rate of 15 per cent.

MSME  under GST

  • Micro, small and medium enterprises (MSMEs) have consistently received sensitive treatment under the GST regime.
  • Items that have large employment creating activities, rough diamond/precious stone sorting and polishing for example, have seen a GST reduction from 3 per cent to 0.25 per cent.
  • Services rendered by MSMEs have also received such sensitive treatment.

Concerns

  • Tax reduction in some cases has led to an inversion of duty structure.
  • Manufactured goods in lower slabs have suffered due to inversion in the duty structure.
  • With lockdowns and consequential deferrals in tax payments, compensation payments to the states is a concern that the Council has taken cognisance of.

Consider the question “Elaborate on how the GST has been benefiting the various stakeholders and helped in transforming India into a single market?” 

Conclusion

The states have shown maturity and understanding. The spirit of collective responsibility and statesman-like thinking have kept mutual trust and confidence high. The much talked about cooperative federalism is actually in action in the GST Council.

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Judicial Reforms

Office of the Attorney General and its role in contempt cases

Note4Students

From UPSC perspective, the following things are important :

Prelims level: AGI: Role, powers and function

Mains level: Not Much

Attorney General of India has refused consent to a plea to initiate criminal contempt action against an actor for “scandalizing” the Supreme Court.

Note important power, functions and limitations of AGI. A bluff can be created with the dicey statements in the prelims.

What is the case for prior approval in Contempt Cases?

  • The prior consent in writing of the Attorney General is required for the Supreme Court to initiate criminal contempt action in a case a/c to the Contempt of Court Act, 1971.
  • AGI consent in a form of check on the much-debated suo-motu power of criminal contempt.

Attorney General of India (AGI)

  • The AGI is the Indian government’s chief legal advisor and is a primary lawyer in the Supreme Court of India.
  • They can be said to be the advocate from the government’s side.
  • They are appointed by the President of India on the advice of Union Cabinet under Article 76(1) of the Constitution and holds office during the pleasure of the President.
  • They must be a person qualified to be appointed as a Judge of the Supreme Court ( i.e. a judge of some high court for five years or an advocate of some high court for ten years or an eminent jurist, in the opinion of the President and must be a citizen of India.).

Functions and duties

  • The AGI is necessary for advising the Government of India on legal matters referred to them.
  • They also perform other legal duties assigned to them by the President.
  • The AGI has the right of audience in all Courts in India as well as the right to participate in the proceedings of the Parliament, though not to vote.
  • The AGI appears on behalf of Government of India in all cases (including suits, appeals and other proceedings) in the Supreme Court in which GoI is concerned.
  • They also represent the Government of India in any reference made by the President to the Supreme Court under Article 143 of the Constitution.
  • The AG is assisted by a Solicitor General and four Additional Solicitors General.

Powers

  • The AG can accept briefs but cannot appear against the Government.
  • They cannot defend an accused in the criminal proceedings and accept the directorship of a company without the permission of the Government.
  • The AG is to be consulted only in legal matters of real importance and only after the Ministry of Law has been consulted.
  • All references to the AG are made by the Law Ministry.

Limitations

The AG:

  • should not advise or hold a brief against the Government of India
  • should not defend accused persons in criminal cases without the permission of the government of India
  • should not accept appointment as a director in any company without the permission of the government

Global precedence

  • Unlike the Attorney General of the United States, the AGI does not have any executive authority.
  • Those functions are performed by the Law Minister of India.
  • Also, the AG is not a government servant and is not debarred from private legal practice.

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Water Management – Institutional Reforms, Conservation Efforts, etc.

BIS’ draft standard for drinking water supply

Note4Students

From UPSC perspective, the following things are important :

Prelims level: BIS

Mains level: Water supply standards in India

The Bureau of Indian Standards (BIS) has prepared a draft standard for the supply system of piped drinking water.

Try this question for mains:

Q.Climate change, scarcity, population growth, demographic changes and urbanization pose challenges for water supply systems in India. Analyse.

About the Draft

  • Labelled ‘Drinking water supply quality management system — requirements for piped drinking water supply service’, the draft has been prepared by the BIS’ Public Drinking Water Supply Services Sectional Committee.
  • It outlines the process of water supply, from raw water sources to household taps.
  • It has been developed keeping in view the Centre’s Jal Jeevan Mission for providing safe and adequate drinking water to all rural households by 2024 through tap connections.
  • It is expected to make the process of piped water supply more uniform, especially in rural and underdeveloped areas of the country where the system runs on various government orders and circulars.
  • At present, the standard is expected not to be made mandatory.

Highlights of the draft

  • The draft outlines the requirements for a water supplier or a water utility on how they should establish, operate, maintain and improve their piped drinking water supply service.
  • The process begins with the identification of a water source, which can either be groundwater or surface water sources such as rivers, streams or reservoirs.
  • It doesn’t mention how water utilities should treat the water, but states that the process should be planned in such a manner that after treatment it should conform to the Indian Standard (IS) 10500 developed by the BIS.
  • The IS 10500 outlines the acceptable limits of heavy metals such as arsenic, and other parameters like the pH value of water, its turbidity, the total dissolved solids in it, and the colour and odour.

What is the water supply process?

  • The supply system as outlined in the draft should begin with the identification of a raw water source.
  • Water should then be pumped into the treatment plant and treated to achieve acceptable drinking standards.
  • After the water is released from the plant, there should be reservoirs in the distribution system for storage of this water, and disinfection facilities to get rid of contamination at any stage of distribution.
  • Pumping stations or boosters, if necessary, should be provided to maintain adequate pressure throughout the distribution system.

District Metering Area (DMA) concept

  • The document also states that the concept of district metering area (DMA) should be adopted where possible.
  • DMA is a concept for controlling leakages in the water network, which is essentially divided into a number of sectors, called the DMAs, and where flow meters are installed to detect leaks.
  • The water supplier/utility may provide bulk water meters in the water distribution system to ensure water audit, however, the provisions should be made for domestic meters also.

What’s there in the draft in addition to the water supply process?

  • There are guidelines on water audit, which is a calculation of the amount of water put into distribution against the amount that is consumed.
  • The draft states that a water audit should be conducted on a quarterly basis.
  • Effort should be made by the water agency to bring down the water loss up to 15% of the total water supplied in the system.
  • The water utilities are also required to conduct surveys among consumers and obtain feedback on their service as per the draft.
  • Guidelines on internal audit, management review, documenting performance indicators for improvement, and timely action against non-conformity issues also find mention.

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LGBT Rights – Transgender Bill, Sec. 377, etc.

National Council for Transgender Persons

Note4Students

From UPSC perspective, the following things are important :

Prelims level: National Council for Transgender Persons

Mains level: Trans-persons rights protection

The Ministry of Social Justice and Empowerment has constituted the National Council for Transgender Persons.

Try this question for mains:

Q.Discuss the salient features of the Transgender Persons (Protection of Rights) Bill, 2019. What are its various shortcomings?

National Council for Transgender Persons

  • It has been a requirement under the Transgender Persons (Protection of Rights) Act, 2019.
  • The Social Justice Minister would be the chairperson of the Council.
  • The members would include officials of the Ministries of Health, MHA, MoHUA, Minority Affairs, HRD etc. among others.
  • The council also includes five nominated members from the transgender community.

Its mandate

  • The council would work with States to ensure that transgender welfare boards are set up in all States and essential needs of the community, like housing, food, healthcare and education are met.

Also read:

Transgender Persons (Protection of Rights) Act, 2019

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Festivals, Dances, Theatre, Literature, Art in News

Festival in news: Nuakhai Juhar

Note4Students

From UPSC perspective, the following things are important :

Prelims level: Nuakhai Juhar

Mains level: NA

The PM has greeted the people on the auspicious occasion of Nuakhai Juhar.

Try this PYQ:

Q.Consider the following pairs:

Tradition State
1. Chapchar Kut festival : Mizoram
2. Khongjom Parba ballad : Manipur
3. Thang-Ta dance : Sikkim

Which of the pairs given above is/are correct? (CSP 2018)

a) 1 only

b) 1 and 2

c) 3 only

d) 2 and 3

Nuakhai Juhar

  • Nuakhai or Nuakhai is an agricultural festival mainly observed by people of Western Odisha and Southern Chhattisgarh.
  • It is celebrated at the time when the newly grown Kharif crop (autumn crop) of rice started ripening.
  • According to the calendar it is observed on Panchami tithi (the fifth day) of the lunar fortnight of the month of Bhadrapada or Bhadraba (August–September), the day after the Ganesh Chaturthi festival.
  • This is the most important social festival of Western Odisha and adjoining areas of Simdega in Jharkhand, where Odia culture is much predominant.

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