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Why special situation funds are necessary
Context
India suffers from a chronic bad debt problem. To overcome this problem, banks and financial institutions were initially allowed to sell their stressed loans only to ARCs. Now they can sell to SSFs too.
How bad debt affects the credit supply in economy?
- Higher bad debt requires higher provisioning, locking up more capital in the banking system.
- This reduces credit supply and hurts economic growth.
- To overcome this problem, banks and financial institutions were initially allowed to sell their stressed loans only to ARCs.
- Transfer of stressed loans would release capital locked-up in the banking system and help improve credit supply.
Two crucial reforms in financial markets
- Indian financial markets witnessed two crucial reforms earlier this year.
- 1] SSF: SEBI came out with a dedicated regulatory framework for special situation funds (SSFs).
- 2] Dual structure bad bank: The RBI approved the new dual-structure bad bank, NARCL-IDRCL.
- While the bad bank is an upgraded version of the existing asset restructuring companies (ARCs) model, the SSF is a relatively novel concept.
Understanding AIFs and SSF
- SEBI has introduced SSFs as a distinct sub-category of Category I Alternative Investment Funds (AIFs).
- AIFs manage privately pooled funds raised from sophisticated investors with deep pockets.
- AIFs in equity market: While AIFs have traditionally played a prominent role in equity markets, their participation in distressed debt markets has been limited.
- No participation in secondary market for corporate loans: Regulations did not permit AIFs to participate in the secondary market for corporate loans extended by banks and NBFCs.
- The new regulations now create a special sub-category of AIFs, namely SSFs, which are allowed to participate in the secondary market for loans extended to companies that have defaulted on their debt obligations.
What is Syndicated lending?
- Syndicated lending is a financial instrument where a group of lenders, known as a syndicate, work together to provide a large loan to a single borrower.
- This collaborative approach allows lenders to share the risk of borrower default, making it more manageable for individual lenders.
- The syndicate typically includes a lead bank or underwriter, which plays a crucial role in assembling the syndicate and managing administrative tasks.
Why SSFs must be allowed full participation across the entire spectrum of secondary market for corporate debt
- Default is a lagging indicator of financial stress.
- Lesser haircut: If lenders and bond investors could offload potentially stressed assets to SSFs before defaulting in the secondary market, they would benefit from a lesser haircut.
- SSFs would also get adequate time for debt aggregation before default, reducing the collective action problems that may arise after default during insolvency or restructuring.
- It would improve the liquidity: Allowing SSFs to purchase investment-grade loans would also improve the liquidity in the secondary market for corporate loans.
- Traditionally, banks originated loans and held them till maturity.
- Over time, lending moved from involving a single lender to multiple lenders via syndicated lending.
- As volumes in the primary syndication market increased, demand for secondary trading also developed to allow liquidity, risk and portfolio management.
- Suggestion by RBI task force: Secondary trading of loans is now institutionalised in international financial markets.
- The RBI task force on secondary markets for corporate loans, chaired by T N Manoharan, made this suggestion in 2019.
- These markets are liquid precisely because they are open to a wide variety of non-bank participants including insurance companies, pension funds, hedge funds and private equity funds.
- SSFs are unlikely to jeopardise financial stability: SSFs cannot borrow funds or engage in any leverage except for temporary funding requirements.
- Consequently, risks associated with liquidity, credit or maturity transformation and asset-liability mismatches are unlikely to arise.
- Given their structure, SSFs are likely to acquire sufficient debt in a distressed company to acquire control or to influence its subsequent insolvency or restructuring process to maximise its value through business turnaround or sale.
Consider the question “What are special situation funds (SSFs)? Suggest the changes needed in the secondary trading of loans in India’s.”
Conclusion
Overall, the introduction of SSFs promises to usher in a modern era of distressed debt investing in India. To realise their true potential, SSFs must be allowed full participation across the entire spectrum of secondary market for corporate debt and not just be confined to the post-default stage.
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Wearing hijab is not essential part of religion: Karnataka HC
The Karnataka High Court has upheld the ban on the wearing of hijab (head scarf) by students in schools and colleges in the State.
The Judgment
- The judgment was delivered by a three-judge bench comprising Chief Justice Ritu Raj Awasthi, Justice Krishna S. Dixit and Justice J.M. Khazi.
- It rejected all the petitions filed by girl students of pre-university colleges in Udupi district.
Key takeaways
- The HC held that wearing hijab is not an essential religious practice in Islam and is not, therefore, protected under by the right to freedom of religion guaranteed by Article 25 of the Constitution.
- The court said it was a reasonable restriction that was constitutionally permissible.
- The Bench also upheld the legality of the order prescribing guidelines for uniforms in schools and pre-university colleges under the provisions of the Karnataka Education Act, 1983.
- The court said that school uniform will cease to be a uniform if hijab is also allowed.
What else did the court observe?
- The Bench also spoke about the possibility of some “unseen hands” behind the hijab row to engineer social unrest and disharmony.
- It expressed dismay over the issue being blown out of proportion by the powers that be.
Reactions on the Judgment
- Some factions have said that the order is a blow to right to education for Muslim women.
- Other see it as an empowerment of women.
- Feminists says that it’s not about an item of clothing, it’s about the right of a woman to choose how she wants to dress.
- The Leftists perceived it as a blow against the universal right to education without discrimination, guaranteed by the law and the Constitution of India.
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SC averse to ‘Sealed Cover Jurisprudence’
Two separate Benches of the Supreme Court tore into the “sealed cover jurisprudence” practiced by the government in courts.
What is the news?
- The Supreme Court has allowed the Malayalam TV news channel MediaOne to resume broadcast, nearly six weeks after the government revoked its security clearance forcing it to shut down.
- The channel was given security clearance by the MHA in February 2011 following which it obtained a licence to operate the channel in September 2011.
- On January 5 this year, the channel was issued notice to revoke permission on the ground of “national security and public order”.
- In February 2020, the channel’s licence was briefly suspended by MHA following its coverage of the Delhi riots.
What did the court observe?
- The court was critical about how the government and its agencies file reports in sealed envelopes directly in court without sharing the contents with the opposite party.
- Being kept in the dark about the material contained in a sealed cover report, the petitioners are crippled in mounting a defence, not knowing what they are supposed to defend against.
- At times, their cases, mostly involving fundamental rights such as personal liberty, are dismissed on the basis of the secret contents ensconced in the sealed covers.
What is Sealed Cover Jurisprudence?
- It is a practice used by the Supreme Court and sometimes lower courts, of asking for or accepting information from government agencies in sealed envelopes that can only be accessed by judges.
- A specific law does not define the doctrine of sealed cover.
- The Supreme Court derives its power to use it from Rule 7 of order XIII of the Supreme Court Rules and Section 123 of the Indian Evidence Act of 1872.
Nature of the power: Upholding Secrecy
- If the Chief Justice or court directs certain information to be kept under sealed cover or considers it of confidential nature, no party would be allowed access to the contents of such information.
- There is an exception to this if the Chief Justice himself orders that the opposite party be allowed to access it.
- It also mentions that information can be kept confidential if its publication is not considered to be in the interest of the public.
- As for the Evidence Act, official unpublished documents relating to state affairs are protected and a public officer cannot be compelled to disclose such documents.
Grounds of such secrecy
Other instances where information may be sought in secrecy or confidence is when its publication:
- Impedes an ongoing investigation
- Details which are part of the police’s case diary or
- Breaches the privacy of an individual
Prominent cases of sealed jurisprudence
Sealed cover jurisprudence has been frequently employed by courts in the recent past.
(1) Rafale Deal
- In the case pertaining to the controversial Rafale fighter jet deal, a Bench headed by CJI Ranjan Gogoi in 2018, had asked the Centre to submit details related to deal’s decision making and pricing in a sealed cover.
- This was done as the Centre had contended that such details were subject to the Official Secrets Act and Secrecy clauses in the deal.
(2) Bhim Koregaon Case
- In the Bhima Koregaon case, in which activists were arrested under the Unlawful Activities Prevention Act.
- The Supreme Court had relied on information submitted by the Maharashtra police in a sealed cover.
Criticism of such acts
- Critics of this practice contend that it is not favorable to the principles of transparency and accountability of the Indian justice system.
- It stands in contrast to the idea of an open court, where decisions can be subjected to public scrutiny.
- It is also said to enlarge the scope for arbitrariness in court decisions, as judges are supposed to lay down the reasoning for their decisions.
- Besides, it is argued that not providing access to such documents to the accused parties obstructs their passage to a fair trial and adjudication.
How has the judiciary responded to this?
- In the 2019 judgment in the case of P Gopalakrishnan V. The State of Kerala, the Supreme Court had said that disclosure of documents to the accused is constitutionally mandated.
- This is possible even if the investigation is ongoing and said documents may lead to breakthroughs in the investigation.
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Draft National Policy for Medical Devices, 2022
The government is proposing a new Draft National Policy for Medical Devices, 2022 to reduce India’s dependence on import of high-end medical devices.
Key features of the policy
Objectives: Adopting public-private partnerships to reduce the cost of healthcare, drive efficiency, and aid quality improvements in medical devices manufactured in the country
The key proposals include:
- Incentivising the export of medical devices and related technology projects through tax rebates and refunds
- Increasing government spending in “high-risk” projects in the medical devices sector
- Single-window clearance system for licencing medical devices
- Pricing environment with no price control on newly developed innovation in the sector
- Allot a dedicated fund for encouraging joint research involving existing industry players, reputed academic institutions and start-ups
- Incorporate a framework for a coherent pricing regulation, to make available quality and effective medical devices to all citizens at affordable prices
- NPPA (National Pharmaceutical Pricing Authority) shall be strengthened with adequate manpower of suitable expertise to provide effective price regulation balancing patient and industry needs.
- Pharmaceuticals Department will also work with industry to implement a Uniform Code for Medical Device Marketing Practices (UCMDMP)
Need for such policy
- Policy vacuum: India’s medical devices sector has so far been regulated as per provisions under the Drugs and Cosmetics Act of 1940, and a specific policy on medical devices has been a long standing demand from the industry.
- Meaningful expense on R&D: The policy also aims to increase India’s per capita spend on medical devices. India has one of the lowest per capita spend on medical devices at $3, compared to the global average of per capita consumption of $47.
- Reducing import dependence: With the new policy, the government aims to reduce India’s import dependence from 80 per cent to nearly 30 per cent in the next 10 years.
- Becoming a global hub: It aims to become one of the top five global manufacturing hubs for medical devices by 2047.
- Domestic manufacturing of high-end products: Indian players in the space have so far typically focussed on low-cost and low-tech products, like consumables and disposables, leading to a higher value share going to foreign companies.
Earlier attempts for such policy
- In February 2020, the government notified changes in the Medical Devices Rules, 2017 to regulate medical devices on the same lines as drugs under the Drugs and Cosmetics Act, 1940.
- This was necessitated after revelations about faulty hip implants marketed by Johnson & Johnson, exposing the lack of regulatory teeth when it came to medical devices.
- The government said the transition from partial regulation of selected medical services to the complete regulation and licensing of all medical devices is underway.
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India is amongst the world’s largest arms importers
India is amongst the world’s largest arms importers, accounting for 11 per cent of global imports, according to the Stockholm International Peace Research Institute (SIPRI).
India’s arm imports
- India’s overall imports decreased by 21% between 2012-16 and 2017-21 but that it was still the world’s biggest importer of military hardware.
- Russia, France and the US are India’s biggest suppliers of arms, accounting for 46%, 27% and 12% of the country’s imports in the last five years.
- India’s share of global arms imports stood at 11% during 2017-21 compared to 14% in the previous five-year period.
Dependence on Russia is declining
- Russia’s arms exports to India fell 47% between 2012-16 and 2017-21 even though the deliveries of several platforms including air defence systems and warships are pending.
- Russia was the largest supplier of major weapons and systems to India during the two comparative five-year periods.
Significance of the report
- The report has come at a time when India’s dependence on Russian military hardware, ranging from fighter jets to rifles and submarines to shoulder-fired missiles has come into sharp focus.
- Though India has been procuring US military hardware in growing numbers about 60% of the weapons inventory of the three services continues to be of Russian-origin.
- It is still unclear how the new sanctions against Russia could play out and the problems they could create for the armed forces in the short and long term.
- The possible impact of Russia’s unprecedented economic isolation on India’s military preparedness and the serviceability of weapons and equipment is threatened.
Is it a matter of relief?
- India has major plans for arms imports because of perceived threats from China and Pakistan, and due to significant delays in indigenous production.
- The drop in India’s arms imports is, therefore, probably a temporary result of its slow and complex procurement process as well as its shift in suppliers.
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What is a Heatwave?
The Konkan region, including Mumbai, has been experiencing sweltering heat in recent days, with the maximum temperatures touching the 40 degrees mark.
What is a Heatwave and when is it declared?
- Heatwaves occur over India between March and June.
- IMD declares a heatwave event when the maximum (day) temperature for a location in the plains crosses 40 degrees Celsius.
- Over the hills, the threshold temperature is 30 degrees Celsius.
Following criteria are used to declare heatwave:
To declare heatwave, the below criteria should be met at least in 2 stations in a Meteorological subdivision for at least two consecutive days and it will be declared on the second day.
a) Based on Departure from Normal
- Heat Wave: Departure from normal is 4.5°C to 6.4°C
- Severe Heat Wave: Departure from normal is >6.4°C
b) Based on Actual Maximum Temperature (for plains only)
- Heat Wave: When actual maximum temperature ≥ 45°C
- Severe Heat Wave: When actual maximum temperature ≥47°C
How long can a heatwave spell last?
- A heatwave spell generally lasts for a minimum of four days. On some occasions, it can extend up to seven or ten days.
- The longest recorded heatwave spell, in recent years, was between 18 – 31 May 2015.
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Prelims Spotlight: Constitutional and Statutory bodies.
Dear Aspirants,
This Spotlight is a part of our Mission Nikaalo Prelims-2022.
You can check the broad timetable of Nikaalo Prelims here
Session Details
Morning 12 PM – Prelims Spotlight Session
Evening 06 PM – TIKDAM/MCQs Session
Evening 08 PM – Tests on Alternate Days
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16th Mar 2022
Constitutional bodies
Appointment Tenure Removal Process of removal Eligibility for reappointment w/i govt Attorney general (Advocate general) President (governor) Pleasure of President (governor) President (governor) No reason needs to be mentioned Yes Election Commission (SEC) President (governor) 6 years/ 65 President CEC and SEC by a special majority Other ECs on the recommendation of CEC
Yes Finance commission (SFC) President (governor) Specified by president NA NA Yes UPSC (SPSC) President (governor) 6 years/ 65 President After enquiry by supreme court Members can become Chair, state members can become chair or member or chair of UPSC CAG President 6 years/ 65 President Special majority No Statutory bodies
Appointment Committee members Other members Tenure Removal NHRC (SHRC) President (Governor) 6 (PM + LOP Lok Sabha) Speaker, Deputy CP RS, LOP RS, home minister 3 years*/ 70 President after Supreme Court inquiry CIC (SIC) President (Governor) 3 ((PM + LOP Lok Sabha) Cabinet Minister nominated by PM As prescribed by the Central Govt*./ 65 President (governor for SIC) after supreme court inquiry CVC President (governor) 3 ((PM + LOP lok sabha) Home minister 4 years/ 65 President after Supreme court inquiry Lokpal President 5 (PM + LOP lok sabha Speaker, CJI, eminent jurist 5 years/ 70 Like a Supreme Court judge * After amendments in the respective acts in 2019.
In the news:
1. Amendment to the RTI Act (July 2019)
- Section 13 of the original Act sets the term of the central Chief Information Commissioner and Information Commissioners at five years (or until the age of 65, whichever is earlier). The amendment was made that the appointment will be “for such term as may be prescribed by the Central Government”.
- The amendment was made that the salaries, allowances and other terms of service of the Chief Information Commissioner and the Information Commissioners “shall be such as may be prescribed by the Central Government” which was earlier at par with Chief Election Commissioner.
2. Amendment to Protection of Human Rights Act (July 2019)
- It reduced the term of the Chairperson and Members of the Commission and the State Commissions from five to three years and shall be eligible for re-appointment.
- Provision was added which says a person who has been a Judge of the Supreme Court is also eligible to be appointed as Chairperson of the Commission in addition to the person who has been the Chief Justice of India.
- The amendment made provision that a person who has been a Judge of a High Court is also made eligible to be appointed as Chairperson of the State Commission in addition to the person who has been the Chief Justice of the High Court.
- It conferred upon State Commissions, the functions relating to human rights being discharged by the Union territories, other than the Union territory of Delhi, which will be dealt with by the Commission.
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[Yojana Archive] Samagra Shiksha: Skilling Youth for Future
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February 2022 Context
- Historically, vocational education in schools has been accorded high priority since National Policy on Education, 1986, and Centrally Sponsored Scheme (CSS) of Vocationalization of Secondary Education was launched in 1988.
- Currently, the scheme is being implemented as part of the Centrally Sponsored Scheme ‘Samagra Shiksha’ and has been aligned with the National Skills Qualification Framework (NSQF).
- The vocational subjects are introduced as an additional subject at the Secondary level and as a compulsory elective subject at Senior Secondary level.
Need for Vocational Education in India
- Demographic Dividend: India is a young country with an average age of just 28 years. In fact, more than 60% of the population in the country is in the working age (15-64 years).
- Demographic Disaster: However, due to low availability of adequate skill, the energy of youth is not being harnessed properly. Therefore, the youth is venting out their frustration in illegal activities. If the situation continues to persist, the demographic dividend may eventually turn into demographic disaster.
- Increasing the employability: India is experiencing an enhancement in the literacy levels due to sustained efforts in the last few decades. However, increasing literacy is much more related to disseminating the basic numeracy and knowledge of language. It does not prepare an individual for the employment of the new age. Instead, it is skill upgradation which is critical to ensure the employability of individuals.
- Demand-Supply Mismatch: The paradoxical problem India faces today is the huge availability of manpower and contradictory shortage of skilled personnel in the industry. Thus, the need of the hour is to update the curriculum as per the needs of the industry so that the imparted skills are useful in finding employment in the current scenario.
- Decreasing the Pressure on Academic Higher Education: At the same time, it needs to be understood that scant resources are prioritized towards individuals who can use them in a more efficient manner. For e.g., an athlete, who has no interest in theoretical academics, may not be forced to complete a language course out of pure academic necessity.
Features of Samagra Shiksha
- The CSS of Vocationalization of Secondary Education was finally integrated as a part of Samagra Shiksha, which is also a Centrally Sponsored Scheme.
- The scheme has been implemented in government schools and government-aided schools.
- It provides for an additional subject at the secondary level and a compulsory elective in senior secondary level.
- The scheme provides for creation of a trade specific laboratory setup within the school which is used to impart hands-on training to the students.
Underlying principles
- Age-appropriate education: The scheme seeks to provide age-appropriate education to the students so that they are able to achieve the required outcomes.
- Informed choice on interests: Students choose their area of interest before secondary and senior secondary levels. However, before offering the choices, it is important that the students are able to out of the available collection.
- Activity Based Learning: The aim of vocational education is to apply the knowledge gained till today to the real world. Therefore, the course seeks to decrease the distinction between the theoretical knowledge and its applications in the outer world. At the same time, the children will learn a new skill and also, take a conscious decision about their future path.
- Sense of contribution: It is felt that the society does not perceive manual labour in the same manner as it perceives the high-paying, managerial jobs. Such jobs are looked down upon in the society. The scheme seeks to end this distinction by inculcating a sense of respect for the manual labour at the foundational age of a child.
- Development of Soft Skills: Again, the scheme teaches the importance of values like teamwork, cooperation, aesthetics, quality consciousness and sustainability in the form of judicious use of raw materials. Such qualities are desirable in a student aspiring to play a bigger role in the society in the later stages of life.
- Simulated training: Samagra Shiksha is unique in the sense that it provides real life experience to the students in the form of internship/On-the-Job Training. In fact, the State governments have already been advised to treat the vocational subjects taught in Samagra Shiksha at par with other academic subjects.
- Value Addition: Apart from the knowledge of vocational subject, Samagra Shiksha also provides for imparting other skills like Communication, Entrepreneurship, Green skills, Self-management and IT Skills to the students, so that their employability is enhanced to a higher extent.
- Career transition: The problem which the students pursuing vocational education face is related to transfer or migration from one place to another in pursuit of better opportunities and facilities. However, the scheme seeks to resolve the issue by providing for a credit-based education.
- Credit-based academics: The new system targets a specific number of credits to be achieved in a particular session or semester in a course. It is immaterial whether the credits are accumulated in a single institution or multiple institutions. This will facilitate transfer and movement of students to a new location even in the middle of a semester.
- Hub and Spoke Model: To fulfil the gap created by lack of adequate infrastructure, hub and spoke model is being used in the country. In this model, schools in surrounding areas provide vocational education by sending their students to a nearby school having the infrastructure. This is being followed till all the schools have not been provided with adequate infrastructure.
- Technology-based Solutions: It is critical to ensure that all learners benefit from the scheme, without any discrimination based on learning capabilities. Therefore, under the scheme, new technologies like Artificial Intelligence are being used to create curated courses for learners according to their present levels and speed of learning.
Success of the scheme
- Already 14.435 schools have been approved to impart education based on the Samagra Shiksha scheme.
- There are 62 skill courses available in 20 sectors such as Agriculture, Electronics, Healthcare, IT/ITes, Plumbing, Retail, Tourism, Hospitality etc.
- The scheme covers 1.5 million students currently being trained by trained instructors. The number increases to about 3.5 million, if CBSE schools are included.
Challenges in implementation
- Perceived Social Status Hierarchy: In India, vocational education is not looked upon as a career of choice. It is considered something which is taken up due to a lack of alternatives or as a formality to fulfil eligibility conditions for government jobs. This discourages pupils from taking up vocational education courses and creates a gap in availability of technically-trained workers.
- Lack of Vertical Mobility: At the same time, students coming out of vocational courses are not perceived as good managers. Candidates having a management background are preferred for such high-paying jobs. This leads to a lack of promotional avenues and opportunities for future growth of a child pursuing a career in vocational education.
- Integration with Mainstream Education: To encourage students to take up vocational education as a preferred career choice, there is a need to integrate vocational education with academics, even at the higher levels. The focus needs to shift towards application-based learning and solving practical real-life issues. This is also helpful in understanding the challenges faced by entry-level workers and coming up with feasible solutions for the same.
- Rapidly Emerging Trends: The scheme needs frequent updates in the curriculum to make it aligned with the needs of the evolving world. It is also important to understand that technology based sectors need faster revision of curriculum than the other sectors, due to the rapid changes in the sectors. Therefore, a policy of differential updates can also be developed for the different sectors as per their requirement.
Various supporting initiatives
The Government of India has prioritized vocational education through various policy initiatives such as:
- National Policy on Education, 1986: Vocational education was prioritized as a part of the National Policy on Education, 1986.
- CSS of Vocationalization of Secondary Education, 1988: Vocationalization was launched as a Centrally Sponsored Scheme in the year 1988. The scheme was subsequently revised in 2011 and 2014.
- National Skill Qualification Framework (NSQF): It is a series of courses, organized in levels to achieve competency in the workforce. NSQF emphasizes on the acquisition of these skills for better employability, as a part of formal training or informal training.
Conclusion
- Various predictions suggest that the demographic dividend currently being enjoyed by India will wane by the end of 2050s. After that, the country will face issues related to the care of the elderly as the bulge will shift towards higher age groups.
- In such a context, it is critical to ensure that India maximizes its growth during the demographic dividend so that it can create better facilities in the future for the needy. The need is to ensure better implementation of the Samagra Shiksha scheme to develop vocational education sector in the country.
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