Note4Students
From UPSC perspective, the following things are important :
Prelims level: Rights of PwDs
Mains level: Read the attached story
From the design plan to the implementation, various aspects of the built environment have been covered under the new guidelines for universal accessibility recently drafted by the Centre.
What is Universal Accessibility?
- Universal Accessibility can be defined as the conditions for easy access.
- It would allow any individual (even those whose mobility, communicative ability, or understanding is reduced) to access and enjoy a place, product, or service, and to do so freely and independently.
Why is universal accessibility important?
- Universal design is so important because if a space is accessible, usable, and convenient for everyone regardless of age or ability, it’s inclusive for all.
- An accessible school, library, community centre, govt office or park means everyone can participate fully in their community.
What are the new guidelines?
- The Central Public Works Department (CPWD) released the Harmonised Guidelines and Standards for Universal Accessibility in India 2021.
- Drafted by a team of the IIT-Roorkee and the National Institute of Urban Affairs of the MoHUA, the revised guidelines aim to give a holistic approach.
- Earlier, the guidelines were for creating a barrier-free environment, but now they are focusing on universal accessibility.
Key highlights
- Ramps: The guidelines provide the gradient and length of ramps — for example, for a length of six metres, the gradient should be 1:12. The minimum clear width of a ramp should be 1,200 mm.
- Beyond PwDs: While making public buildings and transport fully accessible for wheelchair users is covered in the guidelines, other users who may experience temporary problems have also been considered. For instance, a parent pushing a child’s pram while carrying groceries or other bags, and women wearing saris.
- Women friendly: Built environment needs for accessibility for women should consider diverse age groups, diverse cultural contexts and diverse life situations in which women operate. Diverse forms of clothing (saris, salwar-kameez, etc.) and footwear (heels, kolhapuri chappals, etc.) require a certain orientations.
- Accessibility symbols: The guidelines call for accessibility symbols for PwD, family-friendly facilities and transgender to be inclusively incorporated among the symbols for other user groups.
- Targeted authorities: The guidelines are meant for State governments, government departments and the private sector, as well as for reference by architecture and planning institutes.
Policy measures for Persons with Disabilities (PwDs)
- India is a signatory to the UN Convention the Right of Persons with Disabilities, which came into force in 2007.
- The ‘Accessible India Campaign’ (Sugamya Bharat Abhiyan) was launched in 2015 to enable Persons with disabilities to gain universal access, equal opportunity for development.
- The Union Minister for Social justice and Empowerment has also launched the “Sugamya Bharat App” to complain for ease accessibility for PwDs.
- India has its dedicated the Rights of Persons with Disabilities Act, 2016, which is the principal and comprehensive legislation concerning persons with disabilities.
Back2Basics: Sugamya Bharat Abhiyan
- Accessible India Campaign or Sugamya Bharat Abhiyan is a program that is set to be launched to serve the differently-able community of the country.
- The flagship program has been launched on 3 December 2015, the International Day of People with Disabilities.
- The program comes with an index to measure the design of disabled-friendly buildings and human resource policies.
- The initiative also in line with Article 9 of the (UN Convention on the Rights of Persons with Disabilities) which India is a signatory since 2007.
- The scheme also comes under the Persons with Disabilities Act, 1995 for equal Opportunities and protection of rights which provides non-discrimination in Transport to Persons with Disabilities.
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: Article 190
Mains level: Parliamentary Conduct and decorum of the houses
The Supreme Court has said that suspension from the Legislative Assembly for a year is “worse” than expulsion, as it affects the Right of a constituency to remain represented in the House.
What is the case?
- Few MLAs from Maharashtra have challenged their one-year suspension from the Legislative Assembly for allegedly misbehaving with the presiding officer.
Suspending MLAs: A fact check
- Each state has their individual rules for the conduct of assembly. These rules provides for the suspension of MLAs.
- Under Rule 53 of the Maharashtra Legislative Assembly Rules, 1960, only the Speaker has the power to suspend MLAs indulging in unruly behavior.
- Therefore, the motion to suspend cannot be put to vote as this would allow the Government to suspend as many Members of Opposition as it sees fit.
Constitutional ground behind this suspension
- The Court referred to Article 190 (4) of the Constitution which says that if for a period of 60 days, a member of a House, without its permission, is absent; the House may declare his or her seat vacant.
- Suspension of MLAs beyond this period would lead to their disqualification.
What did the Supreme Court observe?
- Suspension of the MLAs would amount to punishing the constituencies as a whole.
- Each constituency has equal amount of right to be represented in the House, observed the court.
- The apex court observed that any state cannot create a constitutional void, a hiatus situation for any constituency.
- It said the House cannot suspend a member beyond 59 days.
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: Read the attached story
Mains level: India at crossroads with WTO
India has appealed against a ruling of the World Trade Organisation’s (WTO) trade dispute settlement panel on domestic sugar subsidies, stating that the panel had committed “certain errors of law” in its report.
What is the case?
- India’s Minimum Selling Price system for Sugarcane was brought to notice to the WTO by Brazil, Australia and Guatemala.
What was the complaint against India?
Australia, Brazil, and Guatemala said India’s domestic support and export subsidy measures appeared to be inconsistent with various articles against WTO’s:
- Agreement on Agriculture
- Agreement on Subsidies and Countervailing Measures (SCM)
- Article XVI (which concerns subsidies) of the General Agreement on Trade and Tariffs (GATT)
- Domestic Support: All three countries complained that India provides domestic support to sugarcane producers that exceed the de minimis level of 10% of the total value of sugarcane production.
- Various subsidies: They also raised the issue of India’s alleged export subsidies, subsidies under the production assistance and buffer stock schemes, and the marketing and transportation scheme.
- Notifying support: Australia accused India of “failing” to notify its annual domestic support for sugarcane and sugar subsequent to 1995-96, and its export subsidies since 2009-10.
India’s reply to WTO panel
- India rejected the panel’s findings as “erroneous”, “unreasoned”, and “not supported by the WTO rules”.
- It argued that the requirements of Article 3 of the SCM Agreement are not yet applicable to India.
- It has a phase-out period of 8 years to eliminate export subsidies under the agreement.
- India also argued that its mandatory minimum prices are not paid by the governments but by sugar mills, and hence do not constitute market price support.
Backgrounder: Sugarcane Pricing in India
Who determines Sugarcane prices?
Sugarcane prices are determined by the Centre as well as States.
- The Centre announces Fair and Remunerative Prices which are determined on the recommendation of the Commission for Agricultural Costs and Prices (CACP) and are announced by the Cabinet Committee on Economic Affairs, which is chaired by Prime Minister.
- The State Advised Prices (SAP) are announced by key sugarcane producing states which are generally higher than FRP.
Minimum Selling Price (MSP) for Sugar
- The price of sugar is market-driven & depends on the demand & supply of sugar.
- However, with a view to protecting the interests of farmers, the concept of MSP of sugar has been introduced since 2018.
- MSP of sugar has been fixed taking into account the components of Fair & Remunerative Price (FRP) of sugarcane and minimum conversion cost of the most efficient mills.
Basis of price determination
- With the amendment of the Sugarcane (Control) Order, 1966, the concept of Statutory Minimum Price (SMP) of sugarcane was replaced with the Fair and Remunerative Price (FRP)’ of sugarcane in 2009-10.
- The cane price announced by the Central Government is decided on the basis of the recommendations of the Commission for Agricultural Costs and Prices (CACP).
- This is done in consultation with the State Governments and after taking feedback from associations of the sugar industry.
What is FRP?
- FRP is fixed under a sugarcane control order, 1966.
- It is the minimum price that sugar mills are supposed to pay to the farmers.
- However, states determine their own State Agreed Price (SAP) which is generally higher than the FRP.
Factors considered for FRP:
- The amended provisions of the Sugarcane (Control) Order, 1966 provides for fixation of FRP of sugarcane having regard to the following factors:
a) cost of production of sugarcane;
b) return to the growers from alternative crops and the general trend of prices of agricultural commodities;
c) availability of sugar to consumers at a fair price;
d) price at which sugar produced from sugarcane is sold by sugar producers;
e) recovery of sugar from sugarcane;
f) the realization made from the sale of by-products viz. molasses, bagasse, and press mud or their imputed value;
g) reasonable margins for the growers of sugarcane on account of risk and profits.
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: Cap on election expenditure
Mains level: Use of money power in elections
With several Assembly elections coming up, the issue of campaigning is back on the track. Campaign funding reforms are one of the biggest issues in electoral reforms worldwide.
Why in news?
- Elections are fought with huge funds nowadays.
- Estimates vary, but a candidate may spend in crores in just one constituency.
- This vital issue is neglected by voters in the noise of campaigns, leaders, celebrities, and media coverage.
Caps on Election Expenditure
The Election Commission of India (ECI) imposes limits on campaign expenditure incurred by a candidate and not political parties.
The ceiling on poll expenditure varies across States:
(a) Bigger states
- With candidates in Assembly Elections in bigger states like Bihar, Uttar Pradesh, and Tamil Nadu now allowed to spend up to 40L (from ₹30.8 lakhs as against ₹28 lakhs earlier.)
- For a candidate contesting a Lok Sabha Poll in these States, the revised ceiling on poll expenditure is now 90lakh (₹77 lakhs earlier).
(b) Smaller states
- While the enhanced ceiling for a Lok Sabha candidate is now 75Lakh (Earlier ₹59.4 lakhs) those contesting an Assembly can spend up to 28 Lakh( earlier ₹22 lakhs.)
- Goa, Arunachal Pradesh, Sikkim and a few Union Territories (AGMUT states) based on the size of their constituencies and population, have a lower ceiling on poll expenditure.
How are such ceilings made?
- Such changes are made by amending the Conduct of Elections Rules.
- The last time the expenditure ceiling was enhanced was in 2014 just ahead of the Lok Sabha polls.
What happens when expenditure exceeds the limit?
- Contesting candidates are required to file a mandatory true account of election expenses with the EC.
- An incorrect account or expenditure beyond the ceiling can attract disqualification for up to three years as per Section 10A of The Representation of the People Act, 1951.
What doesn’t account to Election expenditure?
- The expenditure incurred by leaders of a political party on account of travel by air or by any other means of transport for propagating programme of the political party is not considered to be the election expenditure.
- Any expenditure which is done for service of the Government and discharge of official duty is also not considered to be election expenditure.
Why is this issue important for the voter?
- Voters vote for candidates, political parties and leaders so that they deliver benefits to the citizens.
- If election funds are obtained from other sources, the Governments in power are obliged to the funders more than the voters.
- The government may take decisions that benefit the donors rather than the voters.
- Even if a rich candidate funds his own election, the focus is on recovering the investment made rather on public service.
Situation in India on Election Funding
- Transparency in funding is absent after the introduction of Electoral Bonds.
- Now citizens cannot know who is funding the political parties.
Way forward
There is also much to learn from international experience. Broadly there are three classes of remedies.
- First is to make all election funding completely transparent so that voters know who is funding whom.
- Second is to prevent private interests from unduly influencing elections or Governments. This is done by a set of rules on limiting funding.
- Third is to try and have a more level playing field so that good politicians, candidates and parties with less funds also stand a chance of competing in elections.
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: Central vista project
Mains level: Need for CVP
The redevelopment of central vista avenue in New Delhi, where the Republic Day parade is scheduled to be held, has been delayed by a couple of days due to heavy rainfall.
Central Vista Project
- The project aims to renovate and redevelop 86 acres of land in Lutyens’s Delhi.
- In this, the landmark structures of the government, including Parliament House, Rashtrapati Bhavan, India Gate, North Block and South Block, etc. stand.
- This dream project of redeveloping the nation’s administrative heart was announced by the Ministry of Housing and Urban Affairs back in September 13, 2019.
This project has three main parts:
- New parliament building
- New secretariat complex to bring all the central govt ministries in one place
- Development of the Rajghat and the area around it
- This project will involve demolition of some non-heritage buildings in the area, and construction of new buildings in place of them.
Why need this Project?
The most significant aspect of the project is the construction of a new parliament building. There are several reasons for needing a new building.
- Due to increased population, which has almost quadrupled since independence, there is a need to increase the number of Lok Sabha constituencies through delimitation.
- Similarly, the central hall of the parliament, used to hold joint sessions, actually does not have enough seats for the MPs of both houses.
- During joint sessions, temporary chairs are placed on the aisles so that all the members can sit.
- This is certainly not a dignified scene for the parliament of the largest democracy in the world.
- The infrastructure of the parliament was also antiqued, as they were added at various times as and when required.
Due to these reasons, a pressing need was felt to construct a new parliament building.
Significance of the project
- Modernising parliament’s facilities: The new Parliament building will be India’s first purpose-designed parliament, equipped with state-of-the-art infrastructure to meet all needs of an expanded parliament.
- Improving productivity and efficiency: All ministries of the government will be consolidated in one place and will be served by highly energy-efficient and sustainable infrastructure.
- Strengthening cultural and recreational facilities: The National Museum will be relocated and conceptualized to present the rich heritage and achievements of the nation.
- Providing modern and secure infrastructure: A modern, secure, and appropriately equipped executive enclave is proposed to house executive offices and facilities.
- Providing residential facilities for the PM: Modern and secure residential facilities for the vice president and the PM are proposed to the north of North Block and south of South Block respectively.
- Cultural significance: The overall objective of works planned on the Central Vista is to ensure environmental sustainability, restore the vista’s architectural character, protect its heritage buildings, expand and improve public space, and to extend its axis.
Also read about the
New Parliament Building
Back2Basics: Making of New Delhi
- The Central Vista was designed by Edwin Lutyens and Herbert Baker, to house the capital of British India.
- The top of the Raisina Hill and adjacent hills in the area was flattened to create space for the buildings.
- At his coronation as Emperor of India on December 12, 1911, Britain’s King George V had announced the transfer of the seat of the Government from Calcutta to the ancient Capital of Delhi.
- Thereafter, a 20-year-long project to build modern New Delhi was spearheaded by architects Edwin Lutyens and Herbert Baker.
- They built Parliament House, Rashtrapati Bhavan, North and South Blocks, Rajpath, India Gate, National Archives and the princes’ houses around India Gate.
- Thus, New Delhi was unveiled in 1931.
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: Mullaperiyar Dam, Periyar River
Mains level: Interstate river water disputes
The Supreme Court has told Tamil Nadu and Kerala that it was not there to “administer the dam” when a supervisory committee was already in place to examine the issue of safety of the Mullaperiyar Dam and the management of its water level.
Do you know?
The Mullaperiyar dam is located in Kerala on the river Periyar but is operated and maintained by the neighbouring state of Tamil Nadu.
John Pennycuick (the architect of this dam) sold his family property in England to mobilize money to fund the project! People of the region fondly name their children under his name a remark of reverence.
Mullaperiyar Dam
- It is a masonry gravity dam on the Periyar River in Kerala.
- It is located on the Cardamom Hills of the Western Ghats in Thekkady, Idukki District.
- It was constructed between 1887 and 1895 by John Pennycuick (who was born in Pune) and also reached in an agreement to divert water eastwards to the Madras Presidency area.
- It has a height of 53.6 m (176 ft) from the foundation, and a length of 365.7 m (1,200 ft).
Operational issue
- The dam is located in Kerala but is operated and maintained by Tamil Nadu.
- The catchment area of the Mullaperiyar Dam itself lies entirely in Kerala and thus not an inter-State river.
- In November 2014, the water level hit 142 feet for first time in 35 years.
- The reservoir again hit the maximum limit of 142 feet in August 2018, following incessant rains in the state of Kerala.
- Indeed, the tendency to store water to almost the full level of reservoirs is becoming a norm among water managers across States.
The dispute: Control and safety of the dam
- Supreme court judgment came in February 2006, has allowed Tamil Nadu to raise the level of the dam to 152 ft (46 m) after strengthening it.
- Responding to it, the Mullaperiyar dam was declared an ‘endangered’ scheduled dam by the Kerala Government under the disputed Kerala Irrigation and Water Conservation (Amendment) Act, 2006.
- For Tamil Nadu, the Mullaperiyar dam and the diverted Periyar waters act as a lifeline for Theni, Madurai, Sivaganga, Dindigul and Ramnad districts.
- Tamil Nadu has insisted on exercising the unfettered colonial rights to control the dam and its waters, based on the 1886 lease agreement.
Rule of Curve issue
- A rule curve or rule level specifies the storage or empty space to be maintained in a reservoir during different times of the year.
- It decides the fluctuating storage levels in a reservoir.
- The gate opening schedule of a dam is based on the rule curve. It is part of the “core safety” mechanism in a dam.
- The TN government often blames Kerala for delaying the finalization of the rule curve.
Back2Basics: Periyar River
- The Periyar is the longest river in the state of Kerala with a length of 244 km.
- It is also known as ‘Lifeline of Kerala’ as it is one of the few perennial rivers in the state.
- It originates from Sivagiri hills of Western Ghats and flows through the Periyar National Park.
- The main tributaries of Periyar are Muthirapuzha, Mullayar, Cheruthoni, Perinjankutti.
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: Henley Passport Index
Mains level: Ease of foreign travel for Indians
India now ranks at 83rd position in the Henley Passport Index, climbing seven places from 90th rank last year.
Henley Passport Index
- The Henley & Partners publishes the ranking and the Index of the world’s passports according to the number of destinations their holders can access without a prior visa.
- It was launched in 2005.
- The ranking is based on data from the IATA (International Air Transport Association), a trade association of some 290 airlines, including all major carriers.
- The index includes 199 different passports and 227 different travel destinations.
- The data are updated in real time as and when visa policy changes come into effect.
India’s performance this year
- India is ranked at 83rd position and shares the rank with Sao Tome and Principe in Central Africa, behind Rwanda and Uganda.
- It now has visa-free access to 60 destinations worldwide with Oman and Armenia being the latest additions.
- It has added 35 more destinations since 2006.
Global performance
- Japan and Singapore has topped the list.
- The US and the UK passports regained some of their previous strength after falling all the way to eighth place in 2020.
- The passport of the Maldives is the most powerful in South Asia (58th) enabling visa-free entry to 88 countries.
- In South Asia, Bangladesh (103rd) is ahead of Pakistan (108th) and Nepal (105th).
- Afghanistan undoubtedly stands at the last rank.
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: SDGs
Mains level: Paper 3- Integrated approach to social and environmental problems
Context
Ever since the UNDP took up computation of the HDI in 1990, there have been adjustments such as inequality-adjusted HDI. The environment is one such issue now considered to be an essential component to be factored in to measure human development.
Planetary pressure-adjusted Human Development Index
- The purpose of the planetary pressure adjusted HDI, or PHDI, is to communicate to the larger society the risk involved in continuing with existing practices in our resource use and environmental management, and the retarding effect that environmental stress can perpetuate on development.
- When planetary pressure is adjusted, the world average of HDI in 2019 came down from 0.737 to 0.683.
- PHDI of India: In the case of India, the PHDI is 0.626 against an HDI of 0.645 with an average per capita CO2 emission (production) and material footprints of 2.0 tonnes and 4.6 tonnes, respectively.
- India gained in global rankings by eight points (131st rank under HDI and 123rd rank under PHDI), and its per capita carbon emission (production) and material footprint are well below the global average.
India’s twin challenge
- India faces the twin challenges of poverty alleviation and environmental safeguarding.
- India’s natural resource use is far from efficient, environmental problems are growing, and the onslaught on nature goes on unabated with little concern about its fallout.
- At the same time, India has 27.9% people under the Multidimensional Poverty Index ranging from 1.10% in Kerala to 52.50% in Bihar, and a sizable section of them directly depend on natural resources for their sustenance.
India’s performance on SDGs
- The SDGs have acquired high priority in the context of the issue of climate change and its impact on society.
- The Sixth Assessment Report (AR6) of IPCC 2021 laid stress on limiting global temperature rise at the 1.5° C level and strengthening the global response to the threat of climate change, sustainable development, and efforts to eradicate poverty.
- ‘No poverty’ and ‘Zero hunger’ are the first and second SDGs.
- According to NITI Aayog (2020-21), out of 100 points set for the grade of Achiever, India scored 60 (Performer grade, score 50-64) for no poverty and 47 (Aspirant grade, score 0-49) for zero hunger, with wide State-level variations.
- India’s score in the SDGs of 8, 9, and 12 (‘Decent work and economic growth’; ‘Industry, Innovation and Infrastructure’ and ‘Responsible Consumption and Production’, respectively) — considered for working out planetary pressure — are 61 (performer), 55 (performer) and 74 (front runner), respectively.
Way forward
- Nature-based solutions: It is now well established that there are interdependencies of earth system processes including social processes, and their relationships are non-linear and dialectic.
- Therefore, the central challenge is to nest human development including social and economic systems into the ecosystem, and biosphere building on a systematic approach to nature-based solutions that put people at the core.
- Integrated perspective and local level involvement: Social and environmental problems cannot be addressed in isolation anymore; an integrated perspective is necessary.
- This can be conceived and addressed at the local level, for which India has constitutional provisions in the form of the 73rd and 74th Amendments.
Conclusion
An integrated perspective is necessary as social and environmental problems cannot be addressed in isolation anymore.
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: Tax buoyancy
Mains level: Paper 3- GST and issues
Context
In 2020-21, the compensation payment episode plunged the Union-State relationship to a new low, creating humongous mistrust.
Background of the compensation to the States
- To allay the fears of States of possible revenue loss by implementing GST in the short term, the Union government promised to pay compensation for any loss of revenue in the evolutionary phase of five years.
- This was estimated by taking the revenue from the merged taxes in 2015-16 as the base and applying the growth rate of 14% every year.
- To finance the compensation requirements, a GST compensation cess was levied on certain items such as tobacco products, automobiles.
- Period of five years: The agreement to pay compensation for the loss of revenue was for a period of five years which will come to an end by June 2022.
- Mistrust between Centre and the State: In 2020-21, due to the most severe lockdown following the novel coronavirus pandemic, the loss of revenue to States was estimated at ₹3 lakh-crore of which ₹65,000 crore was expected to accrue from the compensation cess.
- Of the remaining ₹2.35 lakh-crore, the Union government decided to pay ₹1.1 lakh-crore by borrowing from the Reserve Bank of India.
- The entire compensation payment episode plunged the Union-State relationship to a new low, creating humongous mistrust.
GST reform is still in transition
- Misuse of input tax credit: The technology platform could not be firmed up for a long time due to which the initially planned returns could not be filed.
- This led to large-scale misuse of input tax credit using fake invoices.
- Revenue uncertainty faced by the States: This is the only major source of revenue for the States.
- Considering their increased spending commitments to protect the lives and livelihoods of people, they would like to mitigate revenue uncertainty to the extent they can.
- They have no means to cushion this uncertainty for the Finance Commission which is supposed to take into account the States’ capacities and needs in its recommendations has already submitted its recommendations.
- Changes needed: More importantly, the structure of GST needs significant changes and the cooperation of States is necessary to carry out the required reforms.
Changes needed in GST structure
- Reducing exemption items: Almost 50% of the consumption items included in the consumer price index are in the exemption list; broadening the base of the tax requires significant pruning of these items.
- Bringing petroleum products, real estate etc under GST: Sooner or later, it is necessary to bring petroleum products, real estate, alcohol for human consumption and electricity into the GST fold.
- Single rate: The present structure is far too complicated with four main rates (5%, 12%, 18% and 28%).
- This is in addition to special rates on precious and semi-precious stones and metals and cess on ‘demerit’ and luxury items at rates varying from 15% to 96% of the tax rate applicable which have complicated the tax enormously.
- Multiple rates complicate the tax system, cause administrative and compliance problems, create inverted duty structure and lead to classification disputes.
Way forward
- Extending the compensation period: Reforming the structure to unify the rates is imperative and this cannot be done without the cooperation of States.
- Thus, extending the compensation payment for the next five years is necessary not only because the transition to GST is still underway but also to provide comfort to States to partake in the reform.
- Reforming the structure is important not only to enhance the buoyancy of the tax in the medium term but also to reduce administrative and compliance costs to improve ease of doing business and minimise distortions.
- New rate of compensation: It has been pointed out by many including the Fifteenth Finance Commission that the compensation scheme of applying 14% growth on the base year revenue provided for the first five years was far too generous.
- The issue can be revisited and the rate of growth of reference revenue for calculating compensation can be linked to the growth of GSDP in States.
Conclusion
The transition to GST is still in progress and an extension will provide comfort to States to help roll out crucial changes.
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: Not much
Mains level: Paper 2- Free speech vs hate speech
Context
The growing incidence of hate speeches, especially those targeting minorities, in combination with the judicial ambiguity has provided an opportunity to chart legislative reforms.
Current legal provisions to deal with hate speech
- Not defined in legal framework: Hate speech is neither defined in the Indian legal framework nor can it be easily reduced to a standard definition due to the myriad forms it can take.
- The Supreme Court, in Pravasi Bhalai Sangathan v. Union of India (2014), described hate speech as “an effort to marginalise individuals based on their membership in a group” and one that “seeks to delegitimise group members in the eyes of the majority, reducing their social standing and acceptance within society.”
- The Indian Penal Code illegalises speeches that are intended to promote enmity or prejudice the maintenance of harmony between different classes.
- Specifically, sections of the IPC, such as 153A, which penalises promotion of enmity between different groups;
- 153B, which punishes imputations, assertions prejudicial to national integration;
- 505, which punishes rumours and news intended to promote communal enmity, and
- 295A, which criminalises insults to the religious beliefs of a class by words with deliberate or malicious intention.
- Summing up various legal principles, in Amish Devgan v. Union of India (2020), the Supreme Court held that “hate speech has no redeeming or legitimate purpose other than hatred towards a particular group”.
- Lack of established legal standard: Divergent decisions from constitutional courts expose the lack of established legal standards in defining hate speech, especially those propagated via the digital medium.
Suggestions
- The Law Commission of India, in its 267th report, recommended the insertion of two new provisions to criminalise and punish the propagation of hate speech.
- The 189th Report of the Parliamentary Standing Committee on Home Affairs, in 2015, recommended the incorporation of separate and specific provisions in the Information Technology Act to deal with online hate speech.
- Specialised legislation for social media: Much of the existing penal provisions deal with hate speech belong to the pre-Internet era.
- The need of the hour is specialised legislation that will govern hate speech propagated via the Internet and, especially, social media.
- Recognise hate speech as reasonable restriction to free speech: Taking cue from best international standards, it is important that specific and durable legislative provisions that combat hate speech, especially that which is propagated online and through social media.
- Ultimately, this would be possible only when hate speech is recognised as a reasonable restriction to free speech.
Consider the question “What is hate speech? What are the challenges in dealing with hate speech? Suggest a way forward.”
Conclusion
It is important that specific and durable legislative provisions be enacted to combat hate speech.
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