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GS Paper: Ministries & Departments Of The Government

  • The shaky foundation of the labour law reforms

    Context

    The central government has deferred the possible date of implementation of labour codes to October 1, 2021, prolonging the wait before employers and workers could enjoy the benefits extended by the labour codes.

    Labour law reforms: Key provisions

    • The government enacted the Code on Wages in August 2019 and the other three Codes, viz., the Industrial Relations Code, the Occupational Safety, Health and Working Conditions Code and Code on Social Security (CSS) in September 2020.
    • Universal minimum wage: The codes would extend universal minimum wages and social security, enable enhanced industrial safety and the provision of social security to gig workers, among other things.
    • Recognition of trade unions: The Industrial Relations Code provides for recognition of trade union(s) by employers, a labour right that eluded workers for seven decades.
    • Flexibility to employers: Employers celebrated the extension of tremendous flexibility to them, even those unasked, such as relief from framing standing orders for most firms.
    • The central government has deferred the possible date of implementation to October 1, 2021.

    Issues in implementation

    • State’s have not issued draft rules: Major States such as Tamil Nadu, Kerala, West Bengal, Maharashtra, Haryana and Delhi have not issued the draft rules under any codes.
    • Even though the Code on Wages was enacted in August 2019, it was only in March 2021 that the central government notified the constitution of an advisory committee.
    • Safety concerns persist:  Industrial safety continues to be a grave concern even after the enactment of the Occupational Safety, Health and Working Conditions Code.
    • Lack of clarity on the determination of minimum wage: On June 3, 2021, the government announced an expert committee with a tenure of three years to advise on minimum wages.
    • Then, on July 12, 2021, the government announced that the wage index’s base year would be shifted from 1965 to 2019 to use the revised wage index to determine minimum wages.
    • The Government seems to be facing difficulty regarding the implementation of minimum wages.

    Conclusion

    Despite the gazetting of four Codes, age-old laws are in force. That reflects poorly on the governance abilities of the governments.

  • Government creates Ministry of Cooperation

    The Union Government has created a new Ministry of Cooperation with an aim to strengthen the cooperative movement in the country.

    With the creation of the Ministry of Cooperation, there will now be a total of 41 central government ministries. Several of these ministries also have separate departments and organizations under them.

    What defines a Cooperative?

    • A cooperative is “an autonomous association of persons united voluntarily to meet their common economic, social, and cultural needs and aspirations through a jointly-owned enterprise”.
    • Cooperatives are democratically owned by their members, with each member having one vote in electing the board of directors.

    Ministry of Cooperation

    • The ministry has been created for realizing the vision of ‘sahkar se samriddhi’ (through cooperation to prosperity).
    • The NGO Sahakar Bharati, whose founder member Satish Kashinath Marathe is a part-time director on the RBI board, says it was the first to pitch for the creation of a separate ministry for the cooperative sector.
    • It will provide a separate administrative, legal and policy framework for strengthening the cooperative movement in the country.
    • It will help deepen cooperatives as a true people-based movement reaching up to the grassroots.
    • The ministry will work to streamline processes for ‘ease of doing business’ for cooperatives and enable the development of multi-state cooperatives (MSCS).

    Why need such Ministry?

    • In our country, a Co-operative based economic development model is very relevant where each member works with a spirit of responsibility.
    • This creation has signalled its deep commitment to community-based developmental partnerships.

    Second new ministry created so far

    • The Ministry of Cooperation is the second ministry to be created since 2019 after the Modi government came to power for the second time.
    • Soon after taking charge, the government had created the Jal Shakti ministry.
    • However, it was not altogether new as the Ministry of Cooperation.
    • It was created by integrating two existing ministries dealing with water — Water Resources, River Development and Ganga Rejuvenation, and Drinking Water & Sanitation ministry.

  • E-way bill integrated with FASTag, RFID

    GST officers have been armed with real-time data of commercial vehicle movement on highways with the integration of the e-way bill (EWB) system with FasTag and RFID.

    Why such a move?

    • The integration of e-way bill, RFID, and FASTag will enable tax officers to undertake live vigilance in respect of EWB compliances by businesses and will help curb tax evasion.
    • It will aid in preventing revenue leakage by real-time identification of cases of recycling and/or non-generation of EWBs.

    What are E-way bills (EWB)?

    • Under the GST regime, transporters should carry the eWay Bill when moving goods from one place to another when certain conditions are satisfied.
    • EWBs are mandatory for inter-state transportation of goods valued over Rs 50,000 from April 2018, with the exemption to precious items such as gold
    • In this system, businesses and transporters have to produce before a GST inspector the e-way bill, if asked.
    • On average, 25 lakh goods vehicle movements from more than 800 tolls are reported on a daily basis to the e-way bill system.

    Benefits of the move

    • Tax officers can now access reports on vehicles that have passed the selected tolls without EWBs in the past few minutes.
    • Also, vehicles carrying critical commodities specific to the state and having passed the selected toll can be viewed.
    • Any suspicious vehicles and vehicles of EWBs generated by suspicious taxpayer GSTINs, that have passed the selected toll on a near real-time basis, can also be viewed in this report.
    • The officers can use these reports while conducting vigilance and make the vigilance activity more effective.
    • Also, the officers of the audit and enforcement wing can use these reports to identify fraudulent transactions like bill trading, recycling of EWBs.

  • [pib] One Nation One Standard Mission

    It’s time to embark on Mission “One Nation One Standard” and make India the leader in setting global benchmarks in setting standards, highlighted the Food and Consumer Affairs Minister.

    One Nation One Standard

    • The purpose of setting standards and enforcing them is not to bring back “inspection raj” but to ensure that quality products are made available to consumers.
    • The Bureau of Indian Standards (BIS), the only national body that frames standards, has come out with more than 20,000 standards for various products and services so far.
    • Besides this, there are about 50-odd agencies that have framed about 400 standards in the country.
    • There are multiple standards in the country for a single product/service. The new mission is to converge such standards with the BIS.

    Main objectives:

    • No one should feel the need to go abroad to get the quality certification.
    • Lab testing in India should be of world standards. Modern equipment and the latest technologies would be used there.

    Why such a move?

    • Having uniform national standards will help in making it mandatory for more products.
    • The government proposes to set Indian standards in line with the global benchmarks, just like other countries enforce their standards on imported products.
    • The Centre, through this move, wants foreign goods coming into India to comply with Indian standards.

    Try this PYQ:

    Consider the following statements:

    1. The Standard Mark of the Bureau of Indian Standards (BIS) is mandatory for automotive tyres and tubes.
    2. AGMARK is a quality Certification Mark issued by the Food and Agriculture Organisation (FAO).

    Which of the statements given above is/are correct?

    (a) 1 only

    (b) 2 only

    (c) Both 1 and 2

    (d) Neither 1 nor 2

    Back2Basics: Bureau of Indian Standards (BIS)

    • BIS is the National Standards Body of India working under the aegis of the Ministry of Consumer Affairs, Food & Public Distribution.
    • It is established by the Bureau of Indian Standards Act, 1986 which came into effect on 23 December 1986.
    • The organisation was formerly the Indian Standards Institution (ISI), set up under the Resolution of the Department of Industries and Supplies in September 1946.
    • The ISI was registered under the Societies Registration Act, 1860.
    • A new Bureau of Indian standard (BIS) Act 2016 has been brought into force with effect from 12 October 2017.
    • The Act establishes the Bureau of Indian Standards (BIS) as the National Standards Body of India.

  • Contours of Twitter-government faceoff

    What is the faceoff about

    • Recently, Indian government issued direction to Twitter, ordering it to shut down user accounts connected with farmers’ protests.
    • The government has to exercise powers under Section 69A of the Information Technology Act to block user accounts critical of the farm bills.
    • The accounts which were sought to be censored are back online.
    • This is due to Twitter’s evident refusal to comply with the directions after a constitutional appraisal.
    • It has, as per press statements, cited the doctrine of proportionality in its defence.

    Concerns with the directive

    • This direction presents a clear breach of fundamental rights but also reveals a complex relationship between the government and large platforms on the understanding of the Constitution of India.
    • The specific legal order issued is secret.
    • This brings into focus the condition of secrecy that is threshold objection to multiple strands of our fundamental rights.
    • It conflicts against the rights of the users who are denied reasons for the censorship.
    • Secrecy also undermines the public’s right to receive information, which is a core component of the fundamental freedom to speech and expression.
    • This is an anti-democratic practice that results in an unchecked growth of irrational censorship but also leads to speculation that fractures trust.
    • The other glaring deficiency is the complete absence of any prior show-cause notice to the actual users of these accounts by the government.
    • This is contrary to the principles of natural justice.
    • This again goes back to the vagueness and the design faults in the process of how directions under Section 69A are issued.

    Constitutionality of Section 69A of IT Act

    • The secrecy clause represents a failure on the part of the Union executive, which framed the process for blocking websites in 2009.
    • he Supreme Court also failed to substantively examine the clause.
    • This is despite the opportunity offered by its celebrated judgment Shreya Singhal v. Union of India, when it struck down Section 66A of the IT Act as unconstitutional.
    • At the same time, the court stated in Shreya Singhal, that an aggrieved party could approach a court for remedy if their website or user account was blocked under Section 69A.
    • More recently, the court, when adjudicating the constitutional permissibility of the telecommunications shutdown in Jammu and Kashmir by its judgment in Anuradha Bhasin v. Union of India directed pro-active publication of all orders for internet shutdowns.
    • After this, a decent argument may be made that directions for blocking now need to be made public. 
    • However, several state governments are actively refusing compliance on the publication of orders on internet shutdowns.

    Consider the question “Use of Section 69 of the IT Act to suspend the account of the users on a social media platform has raised concern. Examine these concerns.”

    Conclusion

    The episode leaves a sense of confusion and wonder about why our own government formed under the Constitution may be failing to fulfil its obligations when strangers who trade in our data for profit are seemingly more eager.

  • OTT players adopt ‘toolkit’ for self-regulation

    Online streaming providers have announced the adoption of an ‘implementation toolkit’, under the aegis of the Internet and Mobile Association of India (IAMAI).

    What is the news?

    • Various OTT platforms say that this is in furtherance to the Universal Self-Regulation Code the body had introduced in September.
    • The government had rejected this USRC code.

    Q.What is Over the Top (OTT) media services? Critically analyse the benefits and challenges offered by the OTT media services in India.

    What are OTT Media?

    • An over-the-top (OTT) media service is a streaming media service offered directly to viewers via the Internet.
    • OTT bypasses cable, broadcast, and satellite television platforms, the companies that traditionally act as a controller or distributor of such content.
    • The term is most synonymous with subscription-based video-on-demand (SVoD) services that offer access to film and television content.
    • They are typically accessed via websites on personal computers, as well as via apps on mobile devices (such as smartphones and tablets), digital media players, or televisions with integrated Smart TV platforms.

    Regulating OTT

    • Currently, there is no law or autonomous body governing digital content. The recent move will give the government control over OTT platforms, which were unregulated till now.
    • From time to time, the government had indicated the necessity to monitor these platforms.
    • In October 2019, the government had indicated that it will issue the “negative” list of don’ts for the video streaming services like Netflix and Hotstar.
    • It also wanted the platforms to come up with a self-regulatory body on the lines of the News Broadcasting Standards Authority.

    What is the toolkit about?

    • The effort of the signatories, through this toolkit, is to also address feedback received from the ministry of information and broadcasting inter-alia, on the issues of conflict of interest and prohibited content.

    The all-inclusive implementation toolkit will assist signatories in a seamless transition to self-regulation and guide them on various dimensions like:

    • Relevant laws of the land which will be adhered to by the signatories
    • Fair and transparent functioning of the grievance redressal mechanism, with escalation to an advisory panel with independent members
    • Training programs for creative and legal teams of OCCPs to enhance the knowledge and nuances of laws that govern content
    • Awareness programs for consumers to help increase understanding and use of age rating, content descriptor & parental controls
    • Implementation of a detailed audit and compliance mechanism

    Why such code?

    • The code comes into force at a time when the government has put OTT platforms on the anvil of content regulation after a spate of complaints on the ‘sensitive’ and ‘objectionable’ nature of certain shows.
    • Earlier this week, I&B minister has assured the Parliament that guidelines for the regulation of OTTs have been practically hammered out and will be implemented soon.

  • Governing OTT Platforms

    In a move that will have a far-reaching impact, the Union government has brought Over The Top (OTT) platforms, or video streaming service providers under the ambit of the Ministry of Information and Broadcasting (MIB).

    Try answering this

    Q.What is Over the Top (OTT) media services? Critically analyse the benefits and challenges offered by the OTT media services in India.

    Background

    • The MIB has found a vast swathe of unregulated content, namely news online and Over the top (OTT) platforms which had escaped any architecture of regulation.
    • The print was regulated by the Press Council of India and Television, both News and Entertainment were being regulated by the Cable Networks Regulation Act (2005).
    • However, the content on online, the Government felt, fell into a black hole with no oversight.

    What are OTT Media?

    • An over-the-top (OTT) media service is a streaming media service offered directly to viewers via the Internet.
    • OTT bypasses cable, broadcast, and satellite television platforms, the companies that traditionally act as a controller or distributor of such content.
    • The term is most synonymous with subscription-based video-on-demand (SVoD) services that offer access to film and television content.
    • They are typically accessed via websites on personal computers, as well as via apps on mobile devices (such as smartphones and tablets), digital media players, or televisions with integrated Smart TV platforms.

    Regulating OTT

    • Currently, there is no law or autonomous body governing digital content. The recent move will give the government control over OTT platforms, which were unregulated till now.
    • From time to time, the government had indicated the necessity to monitor these platforms.
    • In October 2019, the government had indicated that it will issue the “negative” list of don’ts for the video streaming services like Netflix and Hotstar.
    • It also wanted the platforms to come up with a self-regulatory body on the lines of the News Broadcasting Standards Authority.

    Self-regulation is not sufficient

    • Anticipating the government’s intervention, in January 2019, video streaming services had signed a self-regulatory code that laid down a set of guiding principles for content on these platforms.
    • The code adopted by the OTTs prohibited five types of content:
    1. Content that deliberately and maliciously disrespects the national emblem or national flag,
    2. Any visual or storyline that promotes child pornography
    3. Any content that “maliciously” intends to outrage religious sentiments
    4. Content that “deliberately and maliciously” promotes or encourages terrorism and
    5. Any content that has been banned for exhibition or distribution by law or court
    • The government had refused to support this code.

    What lies ahead?

    • The government had been giving enough hints from time to time that it wanted to regulate digital media but the exact nature of the regulation it wanted to bring was not clear.
    • The government considers digital media and digital aggregators in the same breath but they are different things.
    • It is unclear whether it is looking at licensing or entry barriers, or any other curbs in digital media.
    • However, monitoring content 24×7 has its own challenges. Whether the Ministry will set up a committee involving the public to look into complaints received remains to be seen.

  • What are General Financial Rules (GFR)?

    The union government has notified amendments to General Financial Rules (GFR) to ensure that goods and services valued less than Rs 200 crore are being procured from domestic firms, a move which will benefit MSMEs.

    Possible mains question:

    Q. Discuss how the nationwide lockdown to control the coronavirus outbreak has led to the resurfacing of inherent bottlenecks in India’s MSME Sector.

    What are the General Financial Rules (GFRs)?

    • The GFRs are a compilation of rules and orders of the Government of India to be followed by all while dealing with matters involving public finances.
    • They are instructions that pertain to financial matters.
    • They lay down the general rules applicable to Ministries / Departments, and detailed instructions relating to the procurement of goods.
    • They are issued by the procuring departments broadly in conformity with the general rules while maintaining the flexibility to deal with varied situations.

    Also read:

    [Burning Issues] Fiscal Push for MSME Sector of India (Part I)

  • Students Suicides in India

     

     

    Between 2016 and 2018, nearly 10,000 students committed suicide every year in India, data tabled by the Human Resource Development Ministry in Parliament show.

    About the Report

    • HRD Ministry sourced its data from ‘Accidental Deaths and Suicides in India’.
    • The report is based on data provided by the states and UTs.

    Highlights of the Report

    • Maharashtra accounted for 1 in every 7 student suicides in the country — 4,235 out of 29,542 in the three years combined, or about 1,400 a year.
    • Maharashtra had over 1,300 student suicides in each of the three years, while West Bengal was the only other state with over 1,000 in any single year — 1,147 in 2016.
    • In the overall three-year totals, Maharashtra was followed by Tamil Nadu (2,744), Madhya Pradesh (2,658) and West Bengal (2,535).
    • Eight more states totalled over 1,000 student suicides in the three years, with Karnataka the highest among these at almost 2,000.
    • Among the Union Territories, Delhi had 626 student suicides — 211, 212 and 203 in the three successive years.

  • Cabinet Committee on Investment and Growth (CCIG)

    • In an austerity move, the Union government has decided to reduce wasteful expenditure on items such as travel and food by 20 percent, it is learnt.
    • A decision of this effect was taken at a recent meeting of the Cabinet Committee on Investment and Growth (CCIG) chaired by Prime Minister Narendra Modi.
    • All ministries have been directed to reduce wasteful expenditure on travel, food and conferences by 20 percent.
    • Note: The CCIG was recently created in June 2019.