Note4Students
From UPSC perspective, the following things are important :
Prelims level: Article 33
Mains level: Paper 2- Issue of strike by government employees
Context
Recently, the Minister of Defence introduced the Essential Defence Services Bill, 2021.
About the Essential Defence Services Bill, 2021
- The Bill seeks to provide for the maintenance of essential defence services so as “to secure the security of nation and the life and property of the public at large”.
- Prohibit strike by ordinance factory staff: It prevents staff of the government-owned ordnance factories from going on strike.
- Power to declare essential service: The Bill seeks to empower the government to declare services mentioned in it as “essential defence services” and prohibit strikes and lockouts in any industrial establishment or unit engaged in such services.
No fundamental right to strike
- There is no fundamental right to strike under Article 19(1)(a) of the Constitution.
- Under Article 33 of the Constitution, Parliament, by law, can restrict or abrogate the rights of the members of the armed forces or the forces charged with the maintenance of public order.
- Thus, for the armed forces and the police, where discipline is the most important prerequisite, even the fundamental right to form an association can be restricted under Article 19(4) in the interest of public order and other considerations.
Supreme Court judgements on the issue
- Many states prohibit strikes: This is not for the first time that strikes by government employees are being made explicitly illegal by the government, many states have similar provisions.
- The Supreme Court in Delhi Police v. Union of India (1986) upheld the restrictions to form association by the members of the non-gazetted police force.
- While the right to freedom of association is fundamental, recognition of such association is not a fundamental right.
- Parliament can by law regulate the working of such associations by imposing conditions and restrictions on their functions, the court held.
- In T.K. Rangarajan v. Government of Tamil Nadu (2003), the Supreme Court held that the employees have no fundamental right to resort to strike.
Conclusion
Strikes cannot be justified on any equitable ground. Strike as a weapon is mostly misused which results in chaos
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: Article 370
Mains level: Paper 2- J and K after 2 years of repeal of Article 370
Context
Two years ago, India bid farewell to Articles 370 and 35 (A), marking the start of a new era in the politics of Jammu and Kashmir.
Assessing the impact of changes on five parameters
1) National unity
- Articles 370 and 35 (A) created an unnatural and unhealthy divide in our nation.
- For every law passed, every rule made, we had to ascertain whether it applied to J&K or not.
- Today, such distinctions are history, J&K has been fully integrated with the other states and Union Territories.
2) Democracy at the grass-root level
- A healthy culture of grassroots-level participation was absent.
- Panchayat polls held: One of the critical deliverables for J&K was to hold panchayat polls, which were finally held in 2020.
- This one step will go a long way in shaping the development paradigm in Jammu and Kashmir.
- Political activity has also picked up across Jammu and Kashmir.
- The Centre’s emphasis on a proper delimitation followed by full-fledged elections is in line with the commitments made to the people of Jammu and Kashmir.
3) Peace
- The third parameter is that of peace.
- The memories of 2008, 2010 and 2016 are still fresh in the minds of the people of Jammu and Kashmir.
- An effort was made to reignite such sparks of tension after the decisions on Article 370 and 35 (A) but the Valley as well as Jammu have remained peaceful.
4) People’s aspirations
- Jammu and Kashmir did not have RTI laws and its SC, ST and OBC communities were not able to get the benefits of reservation
- The fact that the most marginalised groups can now get reservation benefits is a major leap forward in fulfilling the aspirations of the people of J&K.
5) Economic growth
- The Valley is today abuzz with news of action against corruption in key departments and financial bodies in the state.
- Money being sent for public good was being misused by vested interest groups.
- The economic upliftment in the Valley began with the Prime Minister’s Package of 2015.
- This set the stage for extensive spending on physical and social infrastructure.
- With the going of 370 and 35 (A) there is great hope that tourism will pick up in the Valley.
- Incentives given to different sectors of the economy — be it saffron farmers or those who fish trout — combined with a largely peaceful environment is empowering many lives.
- With corruption and leakages drastically reduced, resources are reaching the intended beneficiaries.
Conclusion
The situation in Jammu and Kashmir was never easy. As we enter the Amrut Mahotsav, it is for us to see the new realities in J&K. The people of the state have got the wings to fly and, in the years to come, J&K will make even greater contributions to India’s growth and development.
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: GVA
Mains level: Paper 3- Issues in GST
Context
After four years, the promise of the Goods and Services Tax (GST) remains substantially unrealised.
Why tax base of GST is not expanding
- The GST is strongly co-related to overall GDP.
- Revenue collection of the GST is dependent on the nominal growth rate of Gross Value Added (GVA) in the economy.
- Since inception, GVA per quarter has been between ₹40-lakh crore to ₹47-lakh crore and GST revenue has not been higher than ₹2.7-lakh crore to ₹3.1-lakh crore.
- The Tax to Gross value addition is only about 5% to 6.5% though GVA growth was much higher.
- Issues: A very large segment is covered by exemption, composition schemes, evasion and lower tax rate.
Five Issues with the GST structure
1) Dominance of the Centre
- The political architecture of GST is asymmetrically loaded in favour of the Centre.
- No body to adjudicate: There is no particular body is tasked to adjudicate if there is a dispute between States and between the Centre and the States.
- Centre’s domination: In the voting, the central government has one-third vote and States have two-thirds of total votes.
- All states have equal voting rights regardless of size and stake.
- With the support of a dozen small States whose total GST collection is not more than 5% of the total central government can dominate the decision making process in GST Council.
- Small states dictate the terms: With equal value for each States’ voting, larger and mid-sized States feel shortchanged.
2) Flaw in tax structure
- Nearly 45% to 50% of commodity value is outside the purview of the GST, such as petrol and petroleum products.
- Certain states not getting revenue as origin state: States which export or have inter-State transfers or mineral and fossil fuel extractions are not getting revenue as the origin States and need a compensation mechanism.
- The pre-existing threshold level of VAT has been tweaked too often which has led to an evaporation of tax base incentivising, enabling evasion and mis-reporting.
- Most trading and retail establishments, (however small) are out of the fold of the GST.
- At the retail level, irrespective of whether Input Tax Credit (ITC) is required or not, the burden can be passed off to the consumer.
- As a result, the loss could be as high as one third.
3) Exemptions
- Exemptions from registration and taxation of the GST have further eroded the GST tax base compared to the tax base of the pre-existing VAT.
- Ground for evasion: Exemptions are purely distortionary and also provide a good chance to remain under the radar, thereby directly increasing evasion or misclassification.
- Theoretically, exemptions at the final stages reduce tax realisation.
- Multiple rates: As multiple rates are charged at different stages, it goes against the lessons of GST history.
- This tax works well with a single uniform tax rate for all commodities and services at all stages, inputs and outputs alike.
- While most countries have a single rate, India stands out and is among the five countries to have four rates/slabs.
4) Exclusion
- Against the interest of States: Petroleum products remaining outside the purview of GST has helped the Centre to increase cesses and decrease central excise, in what would otherwise have been shareable with the States.
- Now, States will be keen on including petrol and diesel under the GST as their share of tax goes up in the process, even if there is a special rate fixed for it.
- Equity requires that petrol and diesel be brought under the GST.
- Cascading of taxes: Apart from the complexity it creates in record keeping and ‘granting ITC’, in the present form it also leads to a cascading which the GST avowedly tried to avoid.
5) Lack of compliance
- Compliance with GST return (GSTR-1) filing stipulation and the resultant tax information is not up to date.
- Fraudulent claims of Input Tax Credit (ITC) because of a lack of timely reconciliation are quite high though it has come down by two thirds.
- Tax evasion, estimated by a National Institute of Public Finance and Policy’s paper, is at least 5% in minor States and plus 3% in the major States.
Conclusion
Policy gaps along with compliance gaps do need to be addressed. Without proper tax information, infrastructure and base, the States would go in for selective tax enforcement. In the long run, voluntary compliance will suffer and equity in taxation will be violated.
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: Recusal of Judges
Mains level: Inter-state river disputes
The Chief Justice of India (CJI) N V Ramana (who hails from AP) recused himself from hearing Andhra Pradesh’s plea after it said “no” to the Supreme Court’s suggestion to go for mediation over a dispute with Telangana over the Krishna River dispute.
Q. Can you list down some basic principles of judicial conduct?
Independence, Impartiality, Integrity, Propriety, Competence and diligence and Equality are some of them as listed under the Bangalore Principles of Judicial Conduct.
What is the Recusal of Judges?
- Recusal is the removal of oneself as a judge or policymaker in a particular matter, especially because of a conflict of interest.
- Recusal usually takes place when a judge has a conflict of interest or has a prior association with the parties in the case.
- For example, if the case pertains to a company in which the judge holds stakes, the apprehension would seem reasonable.
- Similarly, if the judge has, in the past, appeared for one of the parties involved in a case, the call for recusal may seem right.
- A recusal inevitably leads to delay. The case goes back to the Chief Justice, who has to constitute a fresh Bench.
Rules on Recusals
- There are no written rules on the recusal of judges from hearing cases listed before them in constitutional courts.
- It is left to the discretion of a judge.
- The reasons for recusal are not disclosed in an order of the court. Some judges orally convey to the lawyers involved in the case their reasons for recusal, many do not. Some explain the reasons in their order.
- The decision rests on the conscience of the judge. At times, parties involved raise apprehensions about a possible conflict of interest.
Issues with recusal
- Recusal is also regarded as the abdication of duty. Maintaining institutional civilities is distinct from the fiercely independent role of the judge as an adjudicator.
- In his separate opinion in the NJAC judgment in 2015, Justice Kurian Joseph highlighted the need for judges to give reasons for recusal as a measure to build transparency.
- It is the constitutional duty, as reflected in one’s oath, to be transparent and accountable, and hence, a judge is required to indicate reasons for his recusal from a particular case.
Back2Basics:
Krishna Water Dispute
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: MPLAD Scheme
Mains level: Not Much
Virtually, 50% of funds allotted for ongoing MPLADS projects have lapsed.
What is the MPLAD scheme?
- The Members of Parliament Local Area Development Scheme (MPLADS) is a program first launched during the Narasimha Rao Government in 1993.
- It was aimed towards providing funds for developmental works recommended by individual MPs.
Funds available
- The MPs then were entitled to recommend works to the tune of Rs 1 crore annually between 1994-95 and 1997-98, after which the annual entitlement was enhanced to Rs 2 crore.
- The UPA government in 2011-12 raised the annual entitlement to Rs 5 crore per MP.
Implementation
- To implement their plans in an area, MPs have to recommend them to the District Authority of the respective Nodal District.
- The District Authorities then identify Implementing Agencies that execute the projects.
- The respective District Authority is supposed to oversee the implementation and has to submit monthly reports, audit reports, and work completion reports to the Nodal District Authority.
- The MPLADS funds can be merged with other schemes such as MGNREGA and Khelo India.
Guidelines for MPLADS implementation
- The document ‘Guidelines on MPLADS’ was published by the Ministry of Statistics and Programme Implementation in June 2016 in this regard.
- It stated the objective of the scheme to enable MPs to recommend works of developmental nature with emphasis on the creation of durable community assets based on the locally felt needs in their Constituencies.
- Right from the inception of the Scheme, durable assets of national priorities viz. drinking water, primary education, public health, sanitation, and roads, etc. should be created.
- It recommended MPs to works costing at least 15 percent of their entitlement for the year for areas inhabited by Scheduled Caste population and 7.5 percent for areas inhabited by ST population.
- It lays down a number of development works including construction of railway halt stations, providing financial assistance to recognized bodies, cooperative societies, installing CCTV cameras etc.
Answer this PYQ in the comment box:
Q. With reference to the funds under the Members of Parliament Local Area Development Scheme (MPLADS), which of the following statements are correct? (CSP 2020)
- MPLADS funds must be used to create durable assets like physical infrastructure for health, education, etc.
- A specified portion of each MP’s fund must benefit SC/ST populations.
- MPLADS funds are sanctioned on a yearly basis and the unused funds cannot be carried forward to the next year.
- The district authority must inspect at least 10% of all works under implementation every year.
Select the correct answer using the code given below:
(a) 1 and 2 only
(b) 3 and 4 only
(c) 1, 2 and 3 only
(d) 1, 2 and 4 only
“Post your answers here”
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: AQC and its jurisdiction
Mains level: Air pollution
The Lok Sabha has passed the Bill to formalize the Commission for Air Quality Management For National Capital Region and Adjoining Areas.
Highlights of the AQC Bill
- The AQC would be a ‘permanent’ body to address pollution in the National Capital Region Delhi and address sources of pollution in Delhi, Punjab, Rajasthan, Haryana and Uttar Pradesh.
- The all-powerful body assumed several powers to coordinate action among States, levy fines — ranging up to ₹1 crore or five years of prison — to address air pollution.
Key features
- Over-riding powers: While the Central Pollution Control Board (CPCB) and its state branches have the powers to implement provisions of the Environment Protection Act for air, water and land pollution.
- In case of dispute or a clash of jurisdictions, the AQC’s writ would prevail specific to matters concerning air pollution.
- Chair: The body has a full-time chairperson and a range of members consisting of both representatives from several Ministries as well as independent experts and will have the final say on evolving policy and issuing directions.
- Curb on stubble burning: the Commission may impose and collect environment compensation causing pollution by stubble burning.
- No penalties to farmers: The Centre, facing flak earlier this year from farmers protesting the farm laws, had committed to removing a clause in the Air Commission Bill that would penalize farmers for burning stubble, an important contributor to noxious air quality.
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: INS Vikrant
Mains level: Indigenization of defense production
The much-awaited sea trials of India’s maiden indigenous aircraft carrier (IAC-1), built by the public sector Cochin Shipyard Ltd (CSL) have begun.
Indigenous Aircraft Carrier 1
- IAC is the first aircraft carrier designed and built in India.
- It has been designed by the Indian Navy’s Directorate of Naval Design (DND), and is being built at Cochin Shipyard Limited (CSL), a public sector shipyard under the Ministry of Shipping.
- The IAC-1, the biggest warship made indigenously, has an overall length of 263 m and a breadth of 63 m.
- It is capable of carrying 30 assorted aircraft including combat jets and helicopters.
- Propelled by four gas turbines, it can attain a top speed of 30 knots (about 55 kmph).
- The vessel will have a complement of 1,500 personnel.
Significance of IAC 1
- An aircraft carrier is one of the most potent marine assets for a nation, which enhances a Navy’s capability to travel far from its home shores to carry out air domination operations.
- Many experts consider having an aircraft carrier as essential to be considered a ‘blue water’ navy — one that has the capacity to project a nation’s strength and power across the high seas.
- An aircraft carrier generally leads as the capital ship of a carrier strike/battle group.
- As the carrier is a valuable and sometimes vulnerable target, it is usually escorted in the group by destroyers, missile cruisers, frigates, submarines, and supply ships.
Why does it matter that this is a Made-in-India warship?
- Only five or six nations currently have the capability of manufacturing an aircraft carrier — India joins this elite club now.
- According to the Navy, over 76 per cent of the material and equipment on board IAC-1 is indigenous.
- India’s earlier aircraft carriers were either built by the British or the Russians.
- The INS Vikramaditya, currently the Navy’s only aircraft carrier that was commissioned in 2013, started out as the Soviet-Russian Admiral Gorshkov.
- The country’s two earlier carriers, INS Vikrant and INS Viraat, were originally the British-built HMS Hercules and HMS Hermes before being commissioned into the Navy in 1961 and 1987 respectively.
Why will this warship be named INS Vikrant?
- INS Vikrant, a Majestic-class 19,500-tonne warship, was the name of India’s much-loved first aircraft carrier, a source of immense national pride over several decades of service before it was decommissioned in 1997.
- India acquired the Vikrant from the United Kingdom in 1961, and the carrier played a stellar role in the 1971 war with Pakistan that led to the birth of Bangladesh.
Now that India has the capability, will it build more carriers?
- Since 2015, the Navy has been seeking approval to build a third aircraft carrier for the country, which, if approved, will become India’s second Indigenous Aircraft Carrier (IAC-2).
- This proposed carrier, to be named INS Vishal, is intended to be a giant 65,000-tonne vessel, much bigger than IAC-1 and the INS Vikramaditya.
- The Navy has been trying to convince the government of the “operational necessity” of having a third carrier.
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: Fast Track Special Courts
Mains level: Resolving judicial pendency
The Union Cabinet has approved the continuation of 1023 Fast Track Special Court (FTSCs) including 389 exclusive POCSO Courts for two more years.
Fast Track Special Courts
- Fast Track Special Courts are dedicated courts expected to ensure swift dispensation of justice.
- They have a better clearance rate as compared to the regular courts and hold speedy trials.
- Besides providing quick justice to the hapless victims, it strengthens the deterrence framework for sexual offenders.
- Central Share is to be funded from Nirbhaya Fund. The Scheme was launched on 02.10.2019.
- To bring more stringent provisions and expeditious trial and disposal of such cases, the Central Government enacted “The Criminal Law (Amendment) Act, 2018”.
- It made provision of stringent punishment including the death penalty for perpetrators of rape.
- This led to the establishment of the Fast Track Special Courts (FTSCs).
Note: Article 247 gives power to Parliament to establish certain additional courts for the better administration of laws made by it or of any existing laws with respect to a matter enumerated in the Union List.
Benefits offered by fast track courts
- Further the commitment of the Nation to champion the cause of safety and security of women and girl child.
- Reduce the number of pending cases of Rape & POCSO Act.
- Provide speedy access to justice to the victims of sexual crimes and act as a deterrent for sexual offenders.
- Fastracking of these cases will declog the judicial system of the burden of case pendency.
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