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  • What is Open Market Sale Scheme (OMSS)?

    market

    The government has announced its plan to sell 20 lakh tonnes of wheat from its buffer stock in the market under the Open Market Sale Scheme (OMSS).

    Why such move?

    • The purpose of the move is to cool down the surge in wholesale prices of grain.
    • It will be sold in the open market to stabilize grain prices.

    Do you know?

    During the COVID-19 pandemic, the Indian government increased the allocation of rice and wheat for the OMSS to ensure that the supply of food grains remained stable and that people had access to affordable food.

    Open Market Sale Scheme (OMSS)

    • OMSS refers to the selling of food grains by the government/government agencies at predetermined prices in the open market from time to time.
    • This scheme aims to enhance the supply of grains, especially during the lean season and thereby to moderate the general open market prices, especially in the deficit regions.
    • The Food Corporation of India (FCI) on instructions from the Government, sells wheat and rice in the open market from time to time.
    • This enhances the supply of wheat and rice especially during the lean season and moderates the open market prices, especially in the deficit regions.

    Components of the scheme

    The present form of OMSS comprises 3 schemes as under:

    1. Sale of wheat to bulk consumers/private traders through e-auction.
    2. Sale of wheat to bulk consumers/private traders through e-auction by dedicated movement.
    3. Sale of Raw Rice Grade ‘A’ to bulk consumers/private traders through e-auction.

    Selling through a transparent process

    • For transparency in operations, the Corporation has switched over to e-auction for sale under Open Market Sale Scheme (Domestic).
    • The FCI conducts a weekly auction to conduct this scheme in the open market using the platform of commodity exchange NCDEX (National Commodity and Derivatives Exchange Limited).
    • The State Governments/ Union Territory Administrations are also allowed to participate in the e-auction if they require wheat and rice outside TPDS & OWS.

     

    Answer this PYQ in the comment box:

    Q.The economic cost of food grains to the Food Corporation of India is Minimum Support Price and bonus (if any) paid to the farmers plus:

    (a) Transportation cost only

    (b) Interest cost only

    (c) Procurement incidentals and distribution cost

    (d) Procurement incidentals and charges for godowns

     

    [wpdiscuz-feedback id=”fyx7kz9tvm” question=”Please leave a feedback on this” opened=”1″]Post your answers here.[/wpdiscuz-feedback]

     

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  • In news: Survey of India

    survey

    The Survey of India (SOI), India’s 250-year-old map maker, will no longer have a monopoly on making high-resolution maps. SOI will however remain the arbiter of maps that deal with State borders and national boundaries.

    Key announcements by SOI

    • Focus on map accuracy: The SoI will now take action against digital platforms that violate its guidelines and will develop a framework to ensure the accuracy of maps.
    • Regulating use by digital platforms: The SoI has also asked digital platforms to comply with its guidelines and to seek its permission before publishing maps of the country.
    • Ensure territorial integrity: The move is aimed at ensuring that the country’s borders and territorial integrity are accurately depicted in maps, and that sensitive locations are not compromised by the publication of maps that violate the country’s security interests.

    In a nutshell: The Survey of India (SOI) will now be more like a regulatory body.

    What is Survey of India?

    • The SOI is India’s central engineering agency in charge of mapping and surveying.
    • First modern scientific survey of India” was undertaken by W. Mather in 1793–96 on instructions of Superintendent of Salem and Baramahal (TN), Col. Alexander Read.
    • Set up in 1767 to help consolidate the territories of the British East India Company, it is one of the oldest Engineering Departments of the GoI.
    • Its members are from Survey of India Service cadre of Civil Services of India and Army Officers from the Indian Army Corps of Engineers.
    • It is headed by the Surveyor General of India.

    Responsibilities

    • Advisor to Govt: Survey of India acts as adviser to the Government of India on all cartography of India related matters, such as geodesy, mapping and map reproduction.
    • Geo names: It is responsible for the naming convention and spellings of names of geographical features of India.
    • Certification and publication: Scrutiny and certification of external boundaries of India and Coastline on maps published by other agencies including private publishers.
    • Surveys: geodetic datum, geodetic control network, topographical control, geophysical surveys, cadastral surveying, geologic maps, aeronautical charts within India, such as for forests, army cantonments, large scale cities, guide maps, developmental or conservation projects, etc.
    • National borders: Demarcation of the borders and external boundaries of India as well as advice on the demarcation of inter-state boundaries.

     

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  • Can’t legislate on Women’s Marriage Age: Supreme Court

    marriage

    The Supreme Court has rejected a petition seeking a uniform minimum age of marriage for men and women stating that the matter is within the domain of the legislature and not the judiciary.

    Central idea: The minimum age of marriage, especially for women, has been a contentious issue.  It was evolved in the face of much resistance from religious and social conservatives.

    What laws govern marriage age in India?

    Following laws prescribe/mention 18 and 21 years as the minimum age of consent for marriage for women and men respectively:

    1. Special Marriage Act, 1954: It allows people from two different faith/religious backgrounds to come together in the bond of marriage
    2. Sarda Act, 1978: Named after its sponsor Harbilas Sarda, a judge and a member of Arya Samaj, was eventually amended in 1978 to prescribe 18 and 21 years as the age of marriage for a woman and a man, respectively.
    3. Prohibition of Child Marriage Act, 2006: It provides that the minimum age of marriage is 21 years in case of males, and 18 years in case of females.

    Evolution of the idea: Age of Consent

    • The IPC enacted in 1860 criminalised sexual intercourse with a girl below the age of 10.
    • The provision of rape was amended in 1927 through The Age of Consent Bill, 1927, which declared that marriage with a girl under 12 would be invalid.
    • The law faced opposition from leaders including Lokmanya Tilak, who saw the British intervention as an attack to create rift within family intuitions in the name of equal rights.
    • A legal framework for the age of consent for marriage in India only began in the 1880s.

    Central idea: Attainment of Majority

    • The minimum age of marriage is distinct from the age of majority which is gender-neutral.
    • An individual attains the age of majority at 18 as per the Indian Majority Act, 1875.
    • The law prescribes a minimum age of marriage to essentially outlaw child marriages and prevents the abuse of minors.

    How this confers ‘Unequal Treatment’?

    • Articles 14 and 21 of the Constitution guarantee the right to equality and the right to live with dignity.
    • They are clearly violated by having different legal age for men and women to marry, argue activists.

    Supreme Court rulings supportive to this

    • NALSA vs. Union of India, 2014: The Supreme Court while recognizing transgenders as the third gender said that justice is delivered with the “assumption that humans have equal value and should, therefore, be treated as equal, as well as by equal laws.”
    • Joseph Shine v Union of India, 2019: The Court decriminalized adultery and said that “a law that treats women differently based on gender stereotypes is an affront to women’s dignity.”

    Contention over different legal standards

    • No rationale behind: There is no reasoning in the law for having different legal standards of age for men and women to marry.
    • More of religious decree: The laws are a codification of custom and religious practices.
    • Stereotype for male dominance: The Law Commission consultation paper has argued that having different legal standards “contributes to the stereotype that wives must be younger than their husbands”.
    • Promotes premature marriage of girl child: Women’s rights activists have argued that the law also perpetuates the stereotype that women are more mature than men and therefore, can be allowed to marry sooner.
    • Motherhood complexities: An early age of marriage, and consequent early pregnancies, also have impacts on nutritional levels of mothers and their children, and their overall health and mental wellbeing.
    • Other factors: Early marriage age has latent outcomes such as early dropouts from school, deprivation from higher education etc.

    Why is the law being relooked at?

    • Prevalence of child marriage: Despite laws mandating minimum age and criminalizing sexual intercourse with a minor, child marriages are very prevalent in the country.
    • Bring gender-neutrality: From bringing in gender-neutrality to reduce the risks of early pregnancy among women, there are many arguments in favour of increasing the minimum age of marriage of women.
    • Protection from abuse: This will essentially outlaw premature girls marriages and prevent the abuse of minors.
    • Women empowerment: The decision would empower women who are cut off from access to education and livelihood due to an early marriage.

    Policy measures in this regard: Jaya Jaitly Committee

    • In June 2020, the Ministry of WCD set up a task force to look into the correlation between the age of marriage with issues of women’s nutrition, prevalence of anaemia, IMR, MMR and other social indices.
    • The committee was to look at the feasibility of increasing the age of marriage and its implication on women and child health, as well as how to increase access to education for women.

    Key recommendations

    • The committee has recommended the age of marriage be increased to 21 years, on the basis of feedback they received from young adults from 16 universities across the country.
    • The committee also asked the government to look into increasing access to schools and colleges for girls, including their transportation to these institutes from far-flung areas.
    • Skill and business training has also been recommended, as has sex education in schools.
    • The committee said these deliveries must come first, as, unless they are implemented and women are empowered, the law will not be as effective.

    Criticism of the move to raise the legal ages

    • Promote illegal marriages: Such legislation would push a large portion of the population into illegal marriages leading to non-institutional births.
    • Ineffectiveness of existing laws: Decrease in child marriages has not been because of the existing law but because of an increase in girls’ education and employment opportunities.
    • Unnecessary coercion: The law would end up being coercive, and in particular negatively impact marginalized communities, such as the Scheduled Caste and Scheduled Tribes, making them law-breakers.

    Way forward

    • Enacting Legislation: Establishing a Uniform Minimum Age of Marriage for Both Men and Women
    • Effective Implementation and Enforcement: Preventing Child Marriages and Gender-Based Discrimination
    • Addressing Root Causes: Improving Access to Education and Healthcare, Promoting Women’s Participation, and Reducing Gender-Based Violence and Discrimination
    • Coordinated Multi-Sectoral Approach: Involving the Government, Civil Society and religious scholars.

     

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  • Marital age: Laws Are Not Enough As Enforcement Is Poor

    age

    Central Idea

    • Recently, the Supreme Court dismissed a petition seeking to increase the minimum age of marriage of women in India from 18 years to 21 years. The Chief Justice of India, D.Y. Chandrachud, noted that the power to amend the law lies with Parliament.

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    The Prohibition of Child Marriage (Amendment) Bill, 2021

    • Amendment to the Prohibition of Child Marriage Act, 2006: The Prohibition of Child Marriage (Amendment) Bill, 2021 is a proposed amendment to the Prohibition of Child Marriage Act, 2006, which is an Indian law that prohibits the marriage of children below the age of 18 for girls and 21 for boys.
    • Aim to strengthen the existing laws: The bill was introduced in the Indian Parliament in March 2021 with the aim of strengthening the existing law and further protecting the rights of children. Some of the key provisions of the bill include
    • Referred to the Standing Committee: But after Opposition MPs demanded greater scrutiny of the Bill, it was referred to the Parliamentary Standing Committee.

    Why the age of marriage of women matters?

    • Age of marriage has bearing on maternal mortality rates, fertility levels, nutrition of mother and child, sex ratios, and, on a different register, education and employment opportunities for women.
    • It is also argued that other factors such as poverty and health services were far more effective as levers for improving women’s and children’s health and nutritional status.

    Some of the key provisions of the Bill

    • Making registration of marriages mandatory: The bill proposes to make registration of all marriages, including child marriages, mandatory. This is aimed at improving the implementation of the law and making it easier to track and prevent child marriages.
    • Making child marriages voidable: The bill proposes to make child marriages voidable at the option of the contracting party who was a child at the time of marriage. This means that a child who was married before the age of 18 can seek to have the marriage declared void, provided it is done within two years of attaining adulthood.
    • Punishment for promoting or permitting child marriage: The bill proposes to increase the punishment for promoting or permitting child marriage. The punishment for such offences will now be imprisonment of up to two years and/or a fine of up to one lakh rupees.

    age

    Scrutiny before passing it?

    • Despite of the legal age girl married before their 18th birthday: The caution exercised by the Supreme Court and the advice of the Opposition MPs to scrutinise the Bill before passing it is well grounded. This is because, despite the legal age of marriage for women being 18 years, almost 23% of women who were aged between 20 and 24 years in 2019-21 married before their 18th birthday.
    • State wise: In fact, in the eastern States of Bihar and West Bengal, the share was over 40% In Assam, Andhra Pradesh and Rajasthan, the share was over 25%. The share was below 10% in Kerala, Himachal Pradesh, Punjab and Uttarakhand, among other States.
    • Less no of cases reported despite of high prevalence: Despite such a high share of women marrying before turning 18 years, only 1,050 cases were registered under The Prohibition of Child Marriage Act in 2021, according to the National Crime Records Bureau.
    • Question of enforcement gets even bigger: With the Bill proposing to raise the legal age from 18 to 21, the question of enforcement gets even bigger. In India, over 60% of women who were aged between 25 and 29 in 2019-21 married before their 21st birthday. In the eastern States of Bihar and West Bengal, the share was over 70%.

    Way ahead

    • While laws can be changed, enforcement may remain weak as underage marriages are rarely reported.
    • Education, more than wealth, determines women’s marital age
    • Better-educated women have had more control over when they should get married for decades now.
    • The Data Point also showed that due to awareness and better negotiation powers, younger women have pushed up their median marriage age by many years compared to their mothers and grandmothers.

    age

    Conclusion

    • Overall, the Prohibition of Child Marriage (Amendment) Bill, 2021 is an important step towards strengthening the legal framework to prevent child marriages in India and ensuring that children are protected from this harmful practice. However, raising the bar alone may not be sufficient. Enforcement while emphasizing education awareness will be the key.

    Mains Question

    Q. While laws can be changed, enforcement may remain weak as underage marriages are rarely reported In this light discuss why the age of marriage of women matters?

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  • Digital Personal Data Protection Bill: Need A Pre-legislative Consultation

    protection

    Central Idea

    • The Ministry of Electronics and Information Technology has drafted a Digital Personal Data Protection (DPDP) Bill. A data protection law must safeguard and balance peoples’ right to privacy and their right to information, which are fundamental rights flowing from the Constitution. Unfortunately, this Bill fails on both counts.

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    Why do we need data protection?

    • Increasing internet use: India currently has over 750 million Internet users, with the number only expected to increase in the future.
    • Data breaches: At the same time, India has among the highest data breaches in the world. Without a data protection law in place, the data of millions of Indians continue to be at risk of being exploited, sold, and misused without their consent.
    • Individual privacy: Data monetization may happen at cost of individual privacy. The most sought-after datasets are those that contain sensitive personal data of individuals, ex. medical history, and financial data.
    • Lack of writ proceedings against corporate action: Unlike state action, corporate action or misconduct is not subject to writ proceedings in India. This is because fundamental rights are, by and large, not enforceable against private non-state entities. This leaves individuals with limited remedies against private.

    DPDP Bill, 2022 is based on seven principles

    According to an explanatory note for the bill, it is based on seven principles-

    • Lawful use: The first is that “usage of personal data by organisations must be done in a manner that is lawful, fair to the individuals concerned and transparent to individuals.”
    • Purposeful dissemination: The second principle states that personal data must only be used for the purposes for which it was collected.
    • Data minimisation: Bare minimum and only necessary data should be collected to fulfill a purpose.
    • Data accuracy: At the point of collection. There should not be any duplication.
    • Duration of storage: The fifth principle talks of how personal data that is collected cannot be “stored perpetually by default,” and storage should be limited to a fixed duration.
    • Authorized collection and processing: There should be reasonable safeguards to ensure there is “no unauthorised collection or processing of personal data.”
    • Accountability of users: The person who decides the purpose and means of the processing of personal data should be accountable for such processing.

    Why the Bill must be put through a process of rigorous pre-legislative consultation?

    • Dilutes the provisions of the Right to Information (RTI) Act: The Bill seeks to dilute the provisions of the Right to Information (RTI) Act, which has empowered citizens to access information and hold governments accountable. It is behind the cloak of secrecy that the rights of individuals are most frequently abrogated, and corruption thrives.
    • Fails to safeguard right to privacy: Proposed Bill creates wide discretionary powers for the Central government and thus fails to safeguard people’s right to privacy.
    • For instance: Under Section 18, it empowers the Central government to exempt any government, or even private sector entities, from the provisions of the Bill by merely issuing a notification.
    • The Bill does not ensure autonomy of the Data Protection Board: Given that the government is the biggest data repository, it was imperative that the oversight body set up under the law be adequately independent to act on violations of the law by government entities. The Bill does not ensure autonomy of the Data Protection Board, the institution responsible for enforcement of provisions of the law.
    • Government direct control over the Data Protection Board: The Central government is empowered to determine the strength and composition of the Board and the process of selection and removal of its chairperson and other members.
    • Serious apprehensions of its misuse by the executive: The Central government is also empowered to assign the Board any functions under the provisions of this Act or under any other law.
    • Going digital by design fails to those who do not have meaningful access: The Bill stipulates that the Data Protection Board shall be ‘digital by design’, including receipt and disposal of complaints. As per the latest National Family Health Survey, only 33% of women in India have ever used the Internet. The DPDP Bill, therefore, effectively fails millions of people who do not have meaningful access to the Internet.

    Conclusion

    • The government has been given the power to exempt not only government agencies but any entity that is collecting user data, from having to comply with the provisions of this bill when it is signed into law.

    Mains question

    Q. It is behind the cloak of secrecy that the rights of individuals are most frequently abrogated, and corruption thrives. Discuss.

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  • APJ Abdul Kalam SLV: India’s 1st Hybrid Rocket launched

    rocket

    India’s first hybrid sounding rocket by private players was launched by some students from Pattipulam village off Tamil Nadu coast.

    About APJ Abdul Kalam SLV

    • Martin Foundation in association with Dr APJ Abdul Kalam International Foundation and Space Zone India successfully completed the project known as Dr APJ Abdul Kalam Satellite Launch Vehicle Mission 2023.
    • The student team included 200 from the fishermen community in Tamil Nadu and Pondicherry, 100 students from tribal communities across India, and 60 from Tamil Nadu.

    What is a Hybrid Rocket?

    • A hybrid rocket is a type of rocket engine that combines features of both liquid-fueled and solid-fueled rockets. In a hybrid rocket, a solid fuel is burned in combination with a liquid or gaseous oxidizer to produce thrust.
    • The solid fuel in a hybrid rocket is typically made of a polymer, such as hydroxyl-terminated polybutadiene (HTPB), which is cast into a cylindrical shape and placed inside the rocket motor.
    • The oxidizer, which is typically nitrous oxide (N2O), is stored in a separate tank and fed into the combustion chamber of the rocket motor.

    How does it work?

    • When the oxidizer is introduced into the combustion chamber, it reacts with the solid fuel, producing a hot gas that is expelled through a nozzle at the end of the rocket.
    • The combustion process can be controlled by adjusting the flow rate of the oxidizer, making hybrid rockets more controllable than solid rockets.

    Benefits offered over conventional rockets

    • Hybrid rockets are generally simpler and less expensive to manufacture than liquid rockets, while providing more control than solid rockets.
    • They are also safer than both liquid and solid rockets, since the fuel and oxidizer are stored separately and can be easily shut off in case of an emergency.

     

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  • Disqualification of Sitting MP: The Conundrum

    Central Idea

    • The instance where the Kerala High Court, in January this year, suspended the verdict passed by the Kavaratti District and Sessions Court (in an attempt to murder case) in which the then sitting Member of Parliament (MP) of Lakshadweep was sentenced to 10 years in jail. The issue is on whether disqualification for conviction is final or whether it can be revoked. This issue can arise whenever a legislator is disqualified.

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    The background: Facts are as follows

    • The facts are as follows. Mr. Faizal The then sitting MP of Lakshadweep was convicted by the Kavaratti sessions court on January 11 for attempt to murder, and sentenced to 10 years imprisonment.
    • On January 13, the Lok Sabha announced that he was disqualified as an MP with effect from the date of conviction.
    • On January 18, the Election Commission of India (ECI) fixed February 27 as the date for by-election to that constituency, with the formal notification to be issued on January 31.
    • Faizal appealed to the Kerala High Court for a stay on his conviction and sentence, which the High Court suspended on January 25.
    • The High Court suspended Faizal Faizal’s conviction due to the cost of a parliamentary election and the disruption of developmental activities in Lakshadweep.
    • Faizal challenged the ECI’s announcement in the Supreme Court of India. On January 30, the ECI said it was deferring the election.

    The specific provisions

    • The provision for disqualification is given in Article 102 of the Constitution: It specifies that a person shall be disqualified for contesting elections and being a Member of Parliament under certain conditions. These include holding an office of profit, being of unsound mind or insolvent, or not being a citizen of India. It also authorises Parliament to make law determining conditions of disqualifications.
    • The Representation of the People Act (RPA), 1951: The RPA provides that a person will be disqualified if convicted and sentenced to imprisonment for two years or more. The person is disqualified for the period of imprisonment and a further six years.
    • Exception for the sitting members: There is an exception for sitting members; they have been provided a period of three months from the date of conviction to appeal; the disqualification will not be applicable until the appeal is decided.

    A case of differential treatment of candidates

    • Challenges under Article 14 of the constitution: The differential treatment of candidates for elections and sitting members was challenged under Article 14 (right to equality).
    • Prabhakaran vs P. Jayarajan: A Constitution Bench of the Supreme Court, in 2005 (K. Prabhakaran vs P. Jayarajan), decided that the consequences of disqualifying a contestant and a sitting member were different.
    • Reasoning behind treating differently: The strength of the party in the legislature would change, and could have an adverse impact if a government had a thin majority. It would also trigger a by-election. Therefore, it was reasonable to treat the two categories differently.
    • Lily Thomas vs Union of India: In 2013, a two-judge Bench of the Supreme Court again considered whether this exception was constitutionally invalid (Lily Thomas vs Union of India). It stated that Article 102 empowers Parliament to make law regarding disqualification of a person for being chosen as, and for being, a member of either House of Parliament.
    • Exception for sitting members was unconstitutional: The judgment stated that making an exception for sitting members was against the constitution. As per Article 101, if a Member of Parliament is disqualified under Article 102, their seat will become vacant immediately. This means that if the conditions outlined in Article 102 are met, the disqualification will take effect automatically and immediately.

    What is the confusion?

    • In Navjot Singh Sidhu case, Supreme Court stayed his conviction: Navjot Singh Sidhu, an MP, was convicted and sentenced to three years imprisonment. He resigned from his seat but wanted to contest the election and appealed for a stay on his conviction. In 2007, the Supreme Court stayed his conviction, which removed the disqualification until the appeal was decided, allowing him to contest the election.
    • Question arises In Kerala case: The Lakshadweep seat was declared vacant, but the Election Commission of India (ECI) announced deferring the by-election after a stay order was granted. The Lok Sabha has kept the seat vacant and has not reinstated the MP. The question is whether the disqualification can be backdated, as if it never happened, and the election avoided. Or, whether the disqualification is removed only from the date of the stay order, and the vacated seat can be filled only through a by-election.
    • Conundrum and Implications: The conundrum arises because the Lily Thomas judgment requires the seat to be vacated immediately upon disqualification, whereas the Kerala High Court stay aims to keep the MP in the seat until the appeal is decided. The answer to this issue will have implications for similar cases in the future.

    Conclusion

    • As India continues to strengthen its democratic system, one important issue that needs resolution is determining the correct answer for when a disqualification is removed for a sitting member of parliament who has been granted a stay on their conviction. The conflicting court judgments and constitutional provisions only highlight the need for a clear and definitive resolution to this issue, which will undoubtedly enhance the credibility and legitimacy of the Indian political system.

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  • Debating the Abolition of Judicial Vacations

    Central Idea

    • The longstanding tradition of judicial vacations in India has come under scrutiny as a parliamentary committee.
    • Recent remarks by Chief Justice DY Chandrachud reignited discussions on the allocation of vacation days to Indian judges, shedding light on the intricate dynamics of judicial work patterns and the rationale behind vacation allotments.

    Vacation in Judiciary

    • Judicial Workdays: The Supreme Court has 193 working days annually, High Courts function around 210 days, and trial courts operate for 245 days. High Courts possess the authority to structure their calendars as per service rules.
    • Long-standing Practice: The practice of vacations, particularly the extensive 7-week (formerly 10-week) summer recess, has its origins in colonial times.

    Understanding Vacation Benches

    • Composition and Role: The CJI appoints a Vacation Bench, a specialized court that operates during the Supreme Court’s summer and winter breaks. Although the court is not fully closed during vacations, this bench handles cases deemed “urgent matters.”
    • Urgent Cases: While there is no explicit definition for “urgent matters,” the Vacation Bench typically entertains writs associated with habeas corpus, certiorari, prohibition, and quo warranto, all related to enforcing fundamental rights.
    • Rule 6 of Order II of the Supreme Court Rules, 2013: Under this rule, the CJI nominates Division Benches for urgent miscellaneous and regular hearing matters during the summer vacation period. The rule allows for the appointment of judges to hear urgent cases individually or in a Division Court.

    Historical Significance and Notable Cases:

    • Impactful Decisions: Vacation Benches have delivered significant judgments in the past. A well-known instance is when a Vacation Bench Judge refused PM Indira Gandhi’s plea to stay an Allahabad High Court decision in 1975, which led to the Emergency declaration.
    • Triple Talaq Case: In 2017, a Vacation Bench of the Supreme Court heard the triple talaq case during vacation days.

    Debates and Arguments Surrounding Vacation Benches

    [A] Arguments in Favor:

    • Judicial Rejuvenation: Advocates emphasize the need for vacation periods to provide judges with mental and physical rejuvenation.
    • Extended Work Hours: Considering the demanding nature of judicial work, proponents assert that the long working hours necessitate periodic breaks.
    • Writing Judgments: Judges use vacation time to draft judgments, contributing to the timely disposal of cases.

    [B] Arguments Against:

    • Pendency and Delays: Critics argue that the extended and frequent vacations exacerbate the backlog of cases and contribute to the slow pace of justice delivery.
    • Inconvenience to Litigants: For litigants, vacations translate to additional delays in case hearings.

    Calls for Reform

    • Malimath Committee (2000): The committee proposed reducing vacation periods by 21 days, advocating for the Supreme Court to operate for 206 days and High Courts for 231 days annually.
    • Law Commission of India (2009): The commission recommended curtailing vacations by 10-15 days and extending court working hours to address the substantial backlog of cases.
    • Supreme Court’s 2014 Rule Change: The Supreme Court truncated the summer vacation period from 10 weeks to seven weeks.
    • RM Lodha Commission (2014): It suggested that individual judges should take leave at different times throughout the year instead of having all judges on vacation at once.

    Proposed Approach and Suggested Changes

    • Continuous Operation: The 133rd committee supports the notion that individual judges should take their leave at different intervals, thereby ensuring that the courts remain open throughout the year.
    • Redefined Judicial Vacations: The parliamentary report calls for a reevaluation of the traditional concept of vacations, advocating for a more modern and efficient approach to court operation.
    • Comparison with Other Countries: The report suggests that the vacation practices of the Supreme Court and High Courts should be reviewed in comparison to other countries’ higher courts and constitutional institutions.

    Conclusion

    • The debate surrounding the abolition of judicial vacations in India emphasizes the necessity for a dynamic and effective approach to court operations.
    • While the tradition has historical significance, the current judicial landscape calls for a re-evaluation of practices to ensure efficient functioning, address the backlog of cases, and minimize inconveniences to litigants.

  • GST Appellate Tribunal gets nod

    The GST Council reached a broad consensus on setting up GST Appellate Tribunal; likely to be included in Finance Bill 2023.

    What is GST Appellate Tribunal?

    • The GST Appellate Tribunal is a quasi-judicial body proposed to be established to resolve disputes related to the Goods and Services Tax (GST) in India.
    • It will function as an independent body to hear appeals against orders passed by the GST authorities or the Appellate Authority.
    • The tribunal will be composed of a national bench and various regional benches, headed by a chairperson appointed by the central government.
    • The proposed tribunal is expected to help expedite the resolution of disputes related to GST and reduce the burden on the judiciary.

    Under GST, if a person is not satisfied with the decision passed by any lower court, an appeal can be raised to a higher court, the hierarchy for the same is as follows (from low to high):

    1. Adjudicating Authority
    2. Appellate Authority
    3. Appellate Tribunal
    4. High Court
    5. Supreme Court

    Why need such Tribunal?

    • Unburden judiciary: GST Appellate Tribunal will help resolve the rising number of disputes under the 68-month old indirect tax regime that are now clogging High Courts and other judicial fora.
    • Improve efficiency of GST System: Overall, the establishment of the GST Appellate Tribunal is expected to improve the efficiency and effectiveness of the GST system in India.
    • Independent mechanism: The proposed Tribunal will provide an independent and efficient mechanism for resolving disputes related to GST.
    • Avoid tax evasion: It will help to expedite the resolution of disputes, reduce the burden on the judiciary, and promote greater certainty and predictability in the GST system.

    Issues with present litigation

    • Compliance issues: The GST system is relatively new in India, having been implemented in 2017, and there have been several issues with compliance and interpretation of rules and regulations.
    • Complex adjudication hierarchy: The current dispute resolution mechanism involves multiple layers of adjudication, starting with the GST officer and as mentioned above.
    • Time consuming process: This process can be time-consuming, costly, and burdensome for taxpayers, especially small and medium-sized enterprises.

    How is it being established?

    • The proposed GST Appellate Tribunal is expected to be included in the Finance Bill 2023.
    • This means that it will become a part of the central government’s budget, and will have legal standing.

    Do you know?

    Income Tax Appellate Tribunal (ITAT) was the first Tribunal in India to be created on 25th January, 1941 and is also known as ‘Mother Tribunal’! And it functions under the Ministry of Law and Justice and not the obvious looking Ministry of Finance.

    Back2Basics: What is a Finance Bill?

    • A Finance Bill is a proposed legislation that is introduced by the government to implement the financial proposals of the Union Budget for the upcoming financial year in India.
    • It is a comprehensive document that outlines the government’s revenue and expenditure for the year, including changes in tax laws, tariffs, customs duties, and other fiscal measures.
    • Since the Union Budget deals with these things, it is passed as a Finance Bill.

    Types of Finance Bills

    • There are different kinds of Finance Bills — the most important of them is the Money Bill. The Money Bill is concretely defined in Article 110.
    • In India, there are three types of Finance Bills that can be introduced in the Parliament:
    1. Annual Finance Bill: This is the most common type of Finance Bill and is introduced by the government every year to give effect to the tax proposals announced in the Union Budget. It contains provisions related to taxation, expenditure, and revenue collection for the upcoming financial year.
    2. Finance Bill (Money Bill): A Money Bill is a type of Finance Bill that contains only provisions related to taxation and expenditure, but does not include any other matter. Money Bills are deemed to be passed by the Lok Sabha, the lower house of Parliament, and do not require approval from the Rajya Sabha, the upper house of Parliament.
    3. Finance Bill (Non-Money Bill): This type of Finance Bill contains provisions related to taxation and other matters, such as changes in the structure of regulatory bodies or the introduction of new policies. Unlike Money Bills, Non-Money Bills must be passed by both the Lok Sabha and the Rajya Sabha to become law.

    How is money bill different from Finance Bill?

    • A Money Bill is certified by the Speaker as such — in other words, only those Financial Bills that carry the Speaker’s certification are Money Bills.
    • Article 110 states that a Bill shall be deemed to be a Money Bill if it contains only provisions dealing with all or any of the following matters:

    (a) the imposition, abolition, remission, alteration or regulation of any tax;

    (b) the regulation of the borrowing of money or any financial obligations undertaken

    (c) the custody of the consolidated Fund or the Contingency Fund of India, the payment of moneys into or the withdrawal of moneys from any such Fund;

    (d) the appropriation of moneys out of the consolidated Fund of India;

    (e) the declaring of any expenditure to be expenditure charged on the Consolidated Fund of India or the increasing of the amount of any such expenditure;

    (f) the receipt of money on account of the Consolidated Fund of India or the public account of India or the custody or issue of such money or the audit of the accounts of the Union or of a State; or

    (g) any matter incidental to any of the matters specified in sub clause (a) to (f)

     

     

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  • The National Land Monetisation Corporation (NLMC)

    The National Land Monetisation Corporation (NLMC) has decided to involve international property consultancy firms to speed up the process of making money by selling or leasing the land owned by the government.

    What is NLMC?

    • NLMC is a Special Purpose Vehicle (SPV) announced in the Union Budget 2021-22 to carry out monetisation of government and surplus land holdings of public sector undertakings (PSU).
    • It falls under the administrative jurisdiction of the Ministry of Finance and is set up with an initial authorised share capital of ₹5,000 crore and a paid-up capital of ₹150 crore.
    • It is a firm, fully owned by the government, to carry out the monetisation of government and public sector assets in the form of surplus, unused or underused land assets.

    Aims and objectives

    • Monetize underutilised or unused land parcels of Central Public Sector Enterprises (CPSEs)
    • Facilitate the monetisation of assets belonging to PSUs that have ceased operations or are in line for a strategic disinvestment.
    • Transfer of revenue rights: When the government monetises its assets, it essentially means that it is transferring the revenue rights of the asset (could be idle land, infrastructure, PSU) to a private player for a specified period of time.
    • Govt as facilitator: In such a transaction, the government gets in return an upfront payment from the private entity, regular share of the revenue generated from the asset, a promise of steady investment into the asset, and the title rights to the monetised asset.

    Significant outcomes of land monetization

    • Maximum value realization: It will help monetise them in an efficient and professional manner, maximizing the scope of value realisation.
    • Speed up the process: The setting of the NLMC will speed up the closure process of the CPSEs and smoothen the strategic disinvestment process.
    • Capitalize land assets: It will also enable productive utilisation of these under-utilized assets by setting in motion private sector investments.
    • Economic revitalization: It will boost new economic activities such as industrialisation, boosting the local economy by generating employment and generating financial resources for potential economic and social infrastructure.
    • Advisory to the govt: Besides managing and monetising, the NLMC will act as an advisory body and support other government entities and CPSEs in identifying their surplus non-core assets.

    Need for land monetization

    There are different reasons why the government monetizes its assets.

    • New sources of revenue: One of them is to create new sources of revenue essential to fulfil the government’s target of achieving a $5 trillion economy.
    • Plummeting underutilized assets: Monetisation is also done to unlock the potential of unused or underused assets by involving institutional investors or private players.
    • Capital generation: It is also done to generate resources or capital for future asset creation, such as using the money generated from monetisation to create new infrastructure projects.

    Possible challenges for NLMC

    (1) Volatile market situation

    • The performance and productivity of the NLMC will also depend on the government’s performance on its disinvestment targets.
    • In FY 2021-22, the government has hardly been able to raise expected amounts through various forms of disinvestment.

    (2) Issues with transfer of rights

    • The process of asset monetisation does not end when the government transfers revenue rights to private players.
    • Identifying profitable revenue streams for the monetised land assets, ensuring adequate investment by the private player and setting up a dispute-resolution mechanism are also important tasks.

    (3) Unattractiveness of PPP Model

    • Posing as another potential challenge would be the use of Public Private Partnerships (PPPs) as a monetisation model.
    • For instance, the results of the Centre’s PPP initiative launched in 2020 for the Railways were not encouraging.

    (4) Red tapism

    • The success of the initiative will depend on a range of factors, including the availability of suitable land parcels, market demand etc.
    • It will be highly dependent upon the ability of the government to execute the transactions efficiently.

    Conclusion

    • The government’s move to monetize its vast land assets is aimed at reducing the fiscal burden and boosting infrastructure development in the country.
    • By bringing in international property consultants to help with the process, the government hopes to improve efficiency and transparency, and maximize the returns on its land assets.
    • If successful, the government’s land monetization drive could provide a much-needed boost to the economy and create new opportunities for private investment in the real estate sector.

     

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