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  • [Burning Issue] MSMEs – The lifeline of the Indian Economy

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    The Prime Minister’s dream of a $5-trillion Indian economy by 2025 along with effective financial inclusion and sustainable economic outcomes is premised on investment from both domestic and foreign investors. Government expenditure can only provide a stimulus, but cannot alone take India to PM’s goal.

    For domestic private investments to happen, the role of timely, adequate, and quality (low cost) credit cannot be overstated, particularly during the current times when Covid induced stress is maximum on almost all industries.

    With the recent change in the definition, more than 95 percent of Indian companies are bought under the definition of MSMEs. So what ails the MSME sector largely reflects the credit eco-system for more or less the entire industry in this country. So it is very important to identify the issues the MSME sector face today and how we can rectify them.

    But before that, let us look at various aspects of the MSME sector.

    India’s MSME Sector

    • The Indian MSME sector is the backbone of the national economic structure and has unremittingly acted as the bulwark for the Indian economy, providing it resilience to ward off global economic shocks and adversities.
    • With around 63.4 million units throughout the geographical expanse of the country, MSMEs contribute around 6.11% of the manufacturing GDP and 24.63% of the GDP from service activities as well as 33.4% of India’s manufacturing output.
    • They have been able to provide employment to around 120 million persons and contribute around 45% of the overall exports from India.

    What are MSMEs? How are they defined?

    Micro, Small and Medium Enterprises Development (MSMED) Act, 2006 which was notified on October 2, 2006, deals with the definition of MSMEs. The MSMED Act, 2006 defines the Micro, Small and Medium Enterprises based on:

    1. the investment in plant and machinery for those engaged in manufacturing or production, processing or preservation of and
    2. the investment in equipment for enterprises engaged in providing or rendering of services.

    The significance of MSMEs:

    The significance of MSMEs is attributable to their caliber for employment generation, low capital, and technology requirement.

    • They are also important for the promotion of industrial development in rural areas, use of traditional or inherited skill, use of local resources, mobilization of resources and exportability of products.
    • According to the estimates of the Ministry of MSME, Government of India, the sector generates around 100 million jobs through over 46 million units situated throughout the geographical expanse of the country.
    • With 38% contribution to the nation’s GDP and 40% and 45% share of the overall exports and manufacturing output, respectively, it is easy to comprehend the salience of the role they play in social and economic restructuring of India.
    • Besides the wide range of services provided by the sector, the sector is engaged in the manufacturing of over 6,000 products ranging from traditional to hi-tech items.

    Why the MSME sector is important especially for India?

    • Employment: The Indian MSME sector provides maximum opportunities for both self-employment and wage-employment outside the agricultural sector.
    • Help building inclusive and sustainable society: It contributes to building an inclusive and sustainable society in innumerable ways through the creation of non-farm livelihood at low cost, balanced regional development, gender and social balance, environmentally sustainable development, etc.
    • For example: Khadi and Village industries require low per capita investment and employs a large number of women in rural areas.
    • Contribution to GDP: With around 36.1 million units throughout the geographical expanse of the country, MSMEs contribute around 6.11% of the manufacturing GDP and 24.63% of the GDP from service activities.
    • MSME ministry has set a target to up its contribution to GDP to 50% by 2025 as India becomes a $5 trillion economy.
    • Exports: It contributes around 45% of the overall exports from India.

    How many MSMEs does India have, who owns them?

    • According to the latest available (2018-19) Annual Report of Department of MSMEs, there are 6.34 crore MSMEs in the country.
    • Around 51 per cent of these are situated in rural India.
    • Together, they employ a little over 11 crore people but 55 per cent of the employment happens in the urban MSMEs.
    • The numbers suggest that, on average, less than two people are employed per MSME.
    • At one level that gives a picture of how small these really are. But a breakup of all MSMEs into micro, small and medium categories is even more revealing.

    What are the issues MSMEs face?

    (1) Access to Credit: Most of the MSMEs are in rural and semi-urban areas where access to credit is extremely limited.

    • They are vulnerable to predatory moneylenders and often fall into a cycle of debt.
    • Lack of access to finance and timely credit support in business has been a long-standing issue for these MSMEs.

    (2) Under Severe Debt: Due to difficulties faced in seeking loans and working capital from banks and delays in receiving government payments and tax refunds, most of the MSMEs are under severe debt.

    (3) Under financing by formal institutions: There is an overall debt demand of ₹69.3 trillion of which 84 percent is financed by informal sources such as moneylenders, family, friends, and chit funds (IFC study).

    • Formal sources such as commercial banks, NBFCs and government institutions cater to a mere 16 per cent.
    • The failure of traditional lending mechanisms to guide credit towards these MSMEs has led to a scenario where financing is often not reliable, and steady.
    • This has been particularly exacerbated by the pandemic, as well as the poor state of micro financing in the country, highlighted by India’s estimated credit gap of over $330 billion.

    (4) Small size of the majority of firms: More these 80 percent of these MSMEs are in the micro and small category and are depending on informal sources of credit.

    • The usefulness of the government’s emergency line credit stressed asset relief, equity participation and fund of funds operation make very little meaning and contribution to the sector.

    (5) Insufficient financing by banks due to fear of NPAs: Banks employ various methods to limit risk by better assessment of the creditworthiness of individuals or firms, MSMEs included. To keep NPAs down, many credit-worthy individuals are denied loans by banks.

    • While determining creditworthiness, there are two errors that are common — False Acceptance of a bad applicant and False Rejection of a good applicant.
    • The former error is detrimental for banks and increases risk while the latter impacts financial inclusion and economic growth itself.
    • While there are number of punitive actions prescribed against commissions of irregular loan financing, there is complete absence of punitive action against omissions of genuine credit financing of businesses, particularly the MSMEs.
    • Thus, there is no incentive for bank managers to take risks and finance genuine credit requirements.
    • This kind of approach to credit adversely impacts both growth and financial inclusion.

    (6) Lack of paperwork or digital footprint for small MSMEs, a factor that holds them back from being integrated into the formal economy and deprives the MSMEs to take advantage of the formal credit system.

    • They continue to gain access to credit against assets such as land, etc. when much of the MSME development has started to follow a digital model.

    (7) Technological Disruption: India‘s MSME sector is based on obsolete technology, which hampers its production efficiency.

    • The emergence of new technologies like Artificial Intelligence, Data Analytics, Robotics, and related technologies (collectively called as Industry Revolution 4.0) is a bigger challenge for MSMEs than for organized large-scale manufacturing.

    Other problems

    • Long receivables cycles make a mess of working capital management.
    • Limited access to trained labour, technical progress and management support limit their growth.
    • Other common problems faced by small enterprises are related to the availability of technology, infrastructure and managerial competence, and limitations posed by labour laws, taxation policy, market uncertainty and imperfect competition.

    Opportunity areas for MSMEs in India

    Telecommunications

    • Domestic manufacturing of low-cost mobile phones, handsets, and devices;
    • Manufacturing of telecom networking equipment, including routers and switches;
    • Manufacture of base transceiver station equipment;
    • Mobile customer data analytics – services oriented toward analytical solutions; and
    • Development of value-added services

    Healthcare

    • Manufacturing of personal protective equipment (PPE) and face masks, as the COVID-19 pandemic has fundamentally changed social behaviour, public health and hospital needs, and created new demand;
    • Manufacturing of low-cost medical devices, and medical accessories such as surgical gloves, scrubs, and syringes;
    • Low-cost surgical procedures to reduce the cost of healthcare;
    • Telemedicine; and
    • Diagnostic labs.

    Electronics

    • Domestic manufacturing of low-cost consumer electronics, consumer durables;
    • Nano-electronics and microelectronics;
    • Electronic Systems Design and Manufacturing including semiconductor design, electronic components design and hi-tech manufacturing under India’s ‘National Electronics Mission; and
    • Strategic electronics, as the government is keen on encouraging the domestic manufacturing of products needed by the security forces.

    Others

    • Other areas that offer opportunities for MSMEs include information technology, pharmaceutical, chemical, automotive, renewable, gems and jewellery, textile, and food and agriculture.

    COVID-19 and MSMEs

    • The MSMEs were already struggling — in terms of declining revenues and capacity utilization — in the lead-up to the Covid-19 crisis.
    • The total lockdown has raised a question mark on workers payment primarily because these firms mostly transact on cash. That explains the job losses.
    • The problem with most small Indian businesses is that they operate on thin margins and don’t have the deep financial resources to survive a significant dip in cash flows.
    • So, when an unexpected event like a lockdown happens and MSMEs can’t sell/produce their goods or services, it also means for many they can’t meet their monthly expenses – this includes costs like paying salaries to their employees.

    Fiscal stimulus package to MSMEs under Atmanirbhar Bharat Abhiyan

    Finance Minister has announced the first tranche of the Atmanirbhar Bharat Abhiyan economic package. The main thrust of the announcements was a relief to Medium, Small, and Micro Enterprises (MSMEs) in the form of a massive increase in credit guarantees to them.

    What is the package about?

    Instead of directly infusing money into the economy or giving it directly to MSMEs in terms of a bailout package, the government has resorted to taking over the credit risk of MSMEs.

    1) 100% credit guarantee

    • Firstly, it will give a 100% credit guarantee for Rs 3 lakh crore worth of collateral-free loans to MSMEs that were doing fine before the pandemic hit and are now in trouble.
    • This deal will only apply to small businesses that already had an outstanding loan of Rs 25 crore or those with a turnover of less than Rs 100 crore.
    • Thus, banks don’t have to worry about potential NPAs – that headache is transferred to the government.

    2) Subordinate debt scheme

    • The second measure is a ‘subordinate debt scheme’ worth Rs 20,000 crore and is mainly for MSMEs who are already struggling with debt and are unlikely to get fresh funding by themselves.
    • This scheme will allow banks and NBCs to give loans to MSMEs which are already deemed as ‘stressed’ and are thus less credit-worthy.

    3) Availability of Funds

    • The final step involves the government creating a Rs 50,000-crore fund which will infuse equity into “viable” MSMEs, thus helping them to expand and grow.
    • The basic idea behind this is that MSMEs will keep their businesses afloat until they are able to operate at pre-pandemic levels.
    • By doing this, the government also hopes to protect the employment that MSMEs create and thus save jobs.

    Government schemes to promote MSMEs

    1. Udyami Mitra Portal: launched by SIDBI to improve accessibility of credit and handholding services to MSMEs.
    2. MSME Sambandh: To monitor the implementation of the public procurement from MSMEs by Central Public Sector Enterprises.
    3. MSME Samadhaan: MSME Delayed Payment Portal –– will empower Micro and Small entrepreneurs across the country to directly register their cases relating to delayed payments by Central Ministries/Departments/CPSEs/State Governments.
    4. Digital MSME Scheme: It involves usage of Cloud Computing where MSMEs use the internet to access common as well as tailor-made IT infrastructure
    5. Revamped Scheme of Fund for Regeneration Of Traditional Industries (SFURTI): organizes traditional industries and artisans into clusters and make them competitive by enhancing their marketability & equipping them with improved skills.
    6. A Scheme for Promoting Innovation, Rural Industry & Entrepreneurship (ASPIRE): creates new jobs & reduce unemployment, promotes entrepreneurship culture, facilitates innovative business solution etc.
    7. Micro & Small Enterprises Cluster Development Programme (MSE-CDP) – adopts cluster development approach for enhancing the productivity and competitiveness as well as capacity building of MSEs.
    8. Credit Linked Capital Subsidy Scheme (CLCSS) is operational for upgradation of technology for MSMEs.

    Way Forward

    • Focused regulatory and structural changes which will improve access, ease the transition to the formal sector and increase consumer education and protection are necessary.
    • In the long term, once these regulatory issues are addressed, sanctioned loans will be disbursed more easily and private investment will be boosted, creating a virtuous cycle for MSMEs in the country.
    • To minimize the false rejections of good applicants, routine audits of all loan applications on random sampling basis must be undertaken by RBI and administrative action taken against malafide omissions resulting in unethical denial of loans to deserving MSMEs.
    • The problems faced by MSMEs need to be considered in a disaggregated manner for successful policy implementation as they produce very diverse products, use different inputs and operate in distinct environments.
    • In general, there is a need for tax provisions and laws that are not only labor-friendly but also entrepreneur-friendly.
    • More importantly, there is a need for skill formation and continuous upgrade both for labor and entrepreneurs.

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  • Account aggregators

    Context

    Account Aggregators will enable the use and enrich the quality of information needed for lenders to extend loans without collateral back-up.

    Issue of preference for a collateralised loan in India

    • Demand for credit in India far outstrips institutional supply.
    • Financial Service Providers (FSPs) are well aware of this demand.
    • And they have been looking for ways to provide credit without collateral back-up.
    • Historically, financial service providers (FSPs) like banks and non-bank finance companies (NBFCs) have relied on collateral while making lending decisions.
    • In the absence of collateral pledges, the only way to assess a consumer’s willingness and ability to repay is by examining the prospective borrower’s cash flows.
    • Your bank account statement is a digital representation of your financial life.
    • However, this bank account statement-driven process is highly manual, time-consuming, expensive and fraught with potential for abuse.
    • These shortcomings have held back cash-flow based lending for too long in India.
    •  Borrowers in the country have been underserved because of the preference for collateralized loans.
    • Both FSPs and consumers are in dire need of a seamless digital way of sharing account information.

    Account Aggregator (AA) framework

    • The account aggregator framework announced by the Reserve Bank of India (RBI) promises to solve these problems.
    • It aims to make financial data sharing as easy as making a Unified Payments Interface (UPI) transfer.
    • This is the promise of account aggregation, as envisaged by RBI.
    • Account aggregators (AAs), with their user interface, will play a pivotal role in closing the trust deficit between FSPs and consumers.

    Fenefits of Account Aggregator would work

    • User control over data: They permit users to control who gets access to their data, track and log its movement and reduce the potential risk of leakage in transit.
    • A single-window format allows user-friendly data movement and reduces the need for physical transfers and post-facto attestations.
    • Industry-standard for consent: AAs create a default industry standard for consent that cuts through the dense fine print buried in most privacy policies.
    • Wider data points to rely on: With the security of this data as a given, AAs allow lenders (or other FSPs for that matter) to rely on a wider selection of data points to determine the trustworthiness of a borrower.
    • Through AAs, FSPs have a chance to provide cash-flow based credit, personalized financial management tools, robo-advisory services and many more innovative financial products and services to a wider cross-section of people.

    Conclusion

    By incorporating security, transparency and agility into data sharing, AAs could usher in the most significant transformation of India’s fintech landscape yet.

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  • Streak Daily Compilation of Questions & Videos: Aug 23, 2021

    Maintaining consistency is one of the biggest issues faced by IAS Aspirants. Streak’s initiative is to help Aspirants in their day-to-day preparation. You can follow the monthly, weekly, and daily timetables and continue this streak until you find yourself on the final list.

    Please register for Streak free initiative through this link:- https://www.civilsdaily.com/course/streak-daily-initiative/

    You will get following study material:-

    1. Questions (PDF).
    2. RSTV/Yojana monthly notes (PDF).
    3. Burning issue (PDF).
    4. Subject specific (PDF).
    5. Mentor’s phone call for support & encouragement.

    _______________________________________________

    I. UPSC Daily Study Plan For 2021 and 2022 || STREAK

    II. CSAT for UPSC Prelims || Free CSAT Sessions by Civilsdaily

    III. UPSC PRELIMS-2021: Science & Technology Current Affairs Most Probable Questions

    Q1) Which of the following statements are correct with respect to Nuclear Medicines

    1. It uses small amounts of radioactive materials called radiotracers that are typically injected into the bloodstream, inhaled or swallowed.
    2. Hyperthyroidism, thyroid cancer, and bone pain from some types of cancer are few diseases treated with nuclear medicine.

    Select the correct answer using the codes given below:

    (a) 1 only

    (b) 2 only 

    (c) Both 1 and 2 

    (d) Neither 1 nor 2

    Q2) Consider the following statements with respect to Einsteinium

    1. It was discovered in the debris of the first atomic bomb “Little Boy” that was dropped over the city of Hiroshima, Japan.
    2. It is a naturally occurring element which has radioactive properties.

    Which of the statement(s) given above is/are incorrect?
    (a) 1 Only
    (b) 2 Only
    (c) Both 1 and 2
    (d) Neither 1 nor 2

    Q3) Consider the following statements about Trans fat

    1. Trans fat are saturated fatty acids that come from either natural or industrial sources.
    2. It is industrially produced by adding hydrogen to vegetable oil converting the liquid into a solid, resulting in “partially hydrogenated” oil (PHO). 
    3. FSSAI has notified that Trans fat in oil and fats to be limited to 3% in all fats and oils by 2021 and 2 % by January 2022.

    Which of the above statement(s) is/are correct?

    (a) 1 and 2 only

    (b) 2 and 3 only

    (c) 1 and 3 only

    (d) All of the above

    Q4) Consider the following statements about Vigyan Jyoti programme

    1. It is an initiative by the Department of Science and Technology.
    2. It is to encourage girls to take interest in Science, Technology, Engineering and Mathematics (STEM). 

    Which of the above statement(s) is/are correct?

    (a) 1 only

    (b) 2 only

    (c) Both 1 and 2

    (d) Neither 1 nor 2

    Q5) Consider the following statements with respect to Arjun Main Battle Tank MK-1A

    1. It is jointly designed, developed and manufactured by DRDO and Lockheed Martin, an US corporation. 
    2. It has a computer-controlled integrated fire control system with stabilised sighting that works in all lighting conditions.

    Which of the statement(s) given above is/are correct?

    (a) 1 only

    (b) 2 only

    (c) Both 1 and 2

    (d) Neither 1 nor 2

    IV. UPSC PRELIMS-2021: Most Probable Questions for UPSC Prelims 2021

    Q1) Select the correct statement/s from the following statements. 

    1. Both Covid-19 and Swine flu are caused due to viruses from non-human hosts.
    2.  Both are respiratory viruses that spread through contact.
    3. Both are zoonotic diseases

    Which of above statement are true?

    A. 1  and 2 only

    B. 2 and 3 only

    C. 1 and 3 only

    D. All of them

    Q2) Which of the following tests are being used for testing COVID-19? 

    1. Rapid Antigen Test (RAT) 
    2. Reverse transcription polymerase chain reaction (RT-PCR) test 
    3. Serology Test 
    4. TrueNat test 
    5. ELISA test

    Select the correct answer using the code given below.

    (a) 1, 2, and 4 only 

    (b) 1, 2, and 3 only 

    (c) 4 and 5 only 

    (d) 1, 2, 3, 4 and 5

    Q3) Select the correct statement/s from the following statements with respect to Angiotensin Converting Enzyme 2 (ACE2). 

    1. ACE2 is a protein on the surface of many cell types. 
    2. 2. The SARS-CoV-2 virus binds to ACE2, using the spike like protein on its surface.

    Which of above statements is/are true?

    A. 1 only

    B. 2 only

    C. 1 and 2 

    D. None of them

    Q4) Consider the following statements in context to “happy hypoxia” sometimes seen in news. 

    1. This condition is characterized by extremely low blood oxygen levels in humans. 
    2. Such patients show signs of breathlessness. 
    3. Patients with such a condition live in great distress. 

    Select the correct code from the codes given below.

    A. 1  and 2 only

    B. 2 and 3 only

    C. 1 only

    D. All of them

    Q5) Consider the following statements about ZyCoV-D

    1. It is first Covid vaccine approved for Children in India
    2. It is fully Funded by Department of Biotech under its Covid Suraksha Mission
    3. It is also a two dose vaccine
    4. It is administered intra-dermal. 

    Which of above statements are true?

    A. 1, 2 and 3 only

    B. 2, 3 and 4 only

    C. 1, 3 and 4 only

    D. 1 and 4 only

    V. Daily Dose: Complete Snapshots of Everyday News

  • Important articles & schedules of Constitution/Fundamental Rights

     


    17th Apr 2021

    The Constitution of India is the supreme law of India. The document lays down the framework demarcating fundamental political code, structure, procedures, powers, and duties of government institutions and sets out fundamental rights, directive principles, and the duties of citizens. 

    It was adopted by the Constituent Assembly of India on 26 November 1949 and became effective on 26 January 1950. The constitution replaced the Government of India Act 1935 as the country’s fundamental governing document, and the Dominion of India became the Republic of India. To ensure constitutional autonomy, its framers repealed prior acts of the British parliament in Article 395. 

    The constitution declares India a sovereign, socialist, secular, democratic republic, assuring its citizens justice, equality and liberty, and endeavours to promote fraternity. The original 1950 constitution is preserved in a helium-filled case at the Parliament House in New Delhi. The words “secular” and “socialist” were added to the preamble in 1976 during the emergency.

    The Indian constitution is the world’s longest for a sovereign nation. At its enactment, it had 395 articles in 22 parts and 8 schedules. At about 145,000 words, it is the second-longest active constitution – after the Constitution of Alabama – in the world.

    Articles in Indian Constitution: As the written constitution is a compact document like a book, it has various parts, parts have various chapters, chapters have various articles.

    The constitution has a preamble and 395 articles, which are grouped into 25 parts. With 12 schedules and five appendices, it has been amended 103 times; the latest amendment became effective on 14 January 2019. Despite various amendments, the number of articles in the Constitution still remains 395. There is nothing like Article 396. The new articles are always inserted in between i.e. Article 31A.

    IMPORTANT TITBIT:  If counted separately there are 444 Articles but in the Constitution of India there are only 396 Articles. The rest are merely clauses or sub-clauses added later. The reason behind this is that there is a rule that no one can alter the basic structure of the COI. Now a problem came up, which was how to include more articles as you cannot add a 397th article as it would be against the Basic Structure Doctrine, so a solution that came up, which was that to include the new articles in clauses or sub-clauses of the existing articles.

    Here are the lists of various important Articles of the Indian Constitution: 
    S.No  
    Article  
    Deals with
    1 1 Name and Territory of Union
    2 3 New States Formation, Alteration of Boundaries, etc.
    3 13 Laws inconsistent with or in derogation of the Fundamental Rights
    4 14 Equality before Law (popularly known as Right to Equality)
    5 15 Prohibition of Discrimination (on basis of religion, race, caste, sex or place of birth)
    6 16 Equality in case of Public Employment
    7 17 Abolition of Untouchability
    8 18 Abolition of Titles
    9 19 Protection of Certain Rights to Freedom (popularly known as Right to Freedom)
    10 19 (a) Freedom of Speech & Expression
    11 19 (b) Right to Peaceful Assembly
    12 19 (c) Freedom of Association
    13 19 (d) Right to Move Freely through India
    14 19 (e) Freedom of Settlement & Residence
    15 19 (f) (Omitted as a fundamental right – governed by article 300A.) Right to Own Personal Property.
    16 19 (g) Freedom to Practise any Profession, Occupation, Trade or Business
    17 21 Right to Life and Personal Liberty
    18 21A Right to Education
    19 23 Prohibition of Human Trafficking and Forced Labour
    20 24 Prohibition of Child Labour
    21 25 Freedom to Practise & Propagate Religion Freely
    22 29 Protection of Interests of Minorities
    23 32 Remedies for enforcement of Fundamental Rights including writs
    24 44 Uniform Civil Code
    25 50 Separation of Judiciary from Executive
    26 51 Promotion of International Peace and Security
    27 51A Fundamental Duties
    28 72 Powers of President to Grant Pardons etc.
    29 76 Attorney-General of India
    30 78 Duties of Prime Minister
    31 85 Sessions of Parliament, Prorogation and Dissolution
    32 93 The Speaker & Deputy Speaker of Lok Sabha
    33 100 Voting in Houses
    34 105 Powers, Privileges, etc. of Members of Parliament
    35 106 Salaries and Allowances of Members of Parliament
    36 108 Joint Sitting of both Houses of Parliament
    37 109-110 Money Bills
    38 112 Budget
    39 123 President’s Power to Promulgate Ordinance while Parliament in Recess
    40 127 Appointment of ad hoc Judges in the Supreme Court
    41 139 Supreme Court’s Powers to Issue Certain Writs
    42 141 Supreme Court’s Law Binding on All Courts
    43 148-149 Comptroller and Auditor-General of India
    44 155 Appointment of Governor
    45 161 Power of Governors to Grant Pardon etc.
    46 165 Advocate-General for the State
    47 167 Duties of Chief Minister
    48 224 Appointment of Additional & Acting Judges in High Courts
    49 224A Appointment of Retired Judges in High Courts
    50 226 Power of High Courts to issue writs
    51 280 Finance Commission
    52 312 All India Services
    53 324 Election Commission
    54 335 SCs and STs claim to Services and Posts
    55 343 Official Language
    56 352 National Emergency
    57 356 President’s Rule in case of Failure of Constitutional Machinery in States
    58 360 Financial Emergency
    59 368 Power of Parliament to Amend the Constitution
    60 370 Temporary provisions with respect to the state of Jammu and Kashmir
    61 392 Power of the President to remove difficulties

    Schedules of the Indian Constitution

    Like a book contains appendices to explain things and provide extra info, the constitution contains various schedules. They are Lists that categorize and tabulate bureaucratic activity and policy of the Government. They are kept separate because it is a lengthy document and hence, not included in the original text of constitution but they are very much part of the constitution. 

    Important Titbits:

    1. Originally they were 8 in number, now they are 12. 
    2. The 4 new schedules were added: IX through the 1st Constitution Amendment Act 1951); X through Anti-Defection Law 52nd CAA 1985; XI through the 73rd CAA Panchayati Raj 1992 and XII through the 74th CAA Municipality 1992.
    3. Matters added to the 9th schedule after 24th April 1973 (Kesavananda Bharati Case) are not immune to judicial review (I.R. Coelho case)

    Schedules of Indian Constitution

    Numbers  
    Subject Matter
    First Schedule
    1. Names of the States and their territorial jurisdiction.
    2. Names of the Union Territories and their extent.
    Second Schedule Provisions relating to the emoluments, allowances, privileges and so on of:
    1. The President of India
    2. The Governors of States
    3. The Speaker and the Deputy Speaker of the Lok Sabha
    4. The Chairman and the Deputy Chairman of the Rajya Sabha
    5. The Speaker and the Deputy Speaker of the Legislative Assembly in the states
    6. The Chairman and the Deputy Chairman of the Legislative Council in the states
    7. The Judges of the Supreme Court
    8. The Judges of the High Courts
    9. The Comptroller and Auditor-General of India
    Third Schedule Forms of Oaths or Affirmations for:

    1. The Union ministers

    2. The candidates for election to the Parliament

    3. The members of Parliament

    4. The judges of the Supreme Court

    5. The Comptroller and Auditor-General of India

    6. The state ministers

    7. The candidates for election to the state legislature

    8. The members of the state legislature

    9. The judges of the High Courts

    Fourth Schedule Allocation of seats in the Rajya Sabha to the states and the union territories.
    Fifth Schedule Provisions relating to the administration and control of scheduled areas and scheduled tribes.
    Sixth Schedule Provisions relating to the administration of tribal areas in the states of Assam, Meghalaya, Tripura and Mizoram.
    Seventh Schedule Division of powers between the Union and the States in terms of List I (Union List), List II (State List) and List III (Concurrent List). Presently, the Union List contains 100 subjects (originally 97), the state list contains 61 subjects (originally 66) and the concurrent list contains 52 subjects (originally 47).
    Eighth Schedule Languages recognized by the Constitution. Originally, it had 14 languages but presently there are 22 languages. They are: Assamese, Bengali, Bodo, Dogri (Dongri), Gujarati, Hindi, Kannada, Kashmiri, Konkani, Mathili (Maithili), Malayalam, Manipuri, Marathi, Nepali, Oriya, Punjabi, Sanskrit, Santhali, Sindhi, Tamil, Telugu, and Urdu. Sindhi was added by the 21st Amendment Act of 1967; Konkani, Manipuri and Nepali were added by the 71 st Amendment Act of 1992; and Bodo, Dongri, Maithili and Santhali were added by the 92nd Amendment Act of 2003.
    Ninth Schedule Acts and Regulations (originally 13 but presently 282) 19 of the state legislatures dealing with land reforms and the abolition of the zamindari system and of the. Parliament dealing with other matters. This schedule was added by the 1st Amendment (1951) to protect the laws included in it from judicial scrutiny on the ground of violation of fundamental rights. However, in 2007, the Supreme Court ruled that the laws included in this schedule after April 24, 1973, are now open to judicial review.
    Tenth Schedule Provisions relating to the disqualification of the members of Parliament and State Legislatures on the ground of defection. This schedule was added by the 52nd Amendment Act of 1985, also known as Anti-defection Law.
    Eleventh Schedule Specifies the powers, authority and responsibilities ofPanchayats. It has 29 matters. This schedule was added by the 73rd Amendment Act of 1992.
    Twelfth Schedule Specifies the powers, authority, and responsibilities of Municipalities. It has 18 matters. This schedule was added by the 74th Amendment Act of 1992.

    Fundamental Rights

    • Enshrined in Part-III of Indian Constitution, Fundamental Rights are the basic human rights guaranteed by the Constitution of India. The six fundamental rights include Right to Equality, Right to freedom, Right against exploitation, Right to freedom of Religion, Cultural and Educational Rights and Right to constitutional Remedies.
    • Fundamental Rights is one of the important topics in Indian polity subject in UPSC Syllabus. In this article, we will touch upon some of the most important points from this topic. We’ll also discuss some of the previously asked questions centered around Fundamental Rights.
    • Originally Right to property (Article 31) was also included in the Fundamental Rights. However, by the 44th Constitutional Ammendment Act, 1978, it was deleted from the list of Fundamental Rights and made a legal right under Article 300A in Part XII of the constitution.

    Fundamental Rights in India (Article 12-35)

    • The development of Fundamental Rights in India is heavily inspired by United State’s Bill of Rights. These rights are included in the constitution because they are considered essential for the development of the personality of every individual and to preserve human dignity.
      • Fundamental Rights are included in Part-III of the Indian constitution which is also known as Magna Carta of Indian Constitution.
      • These rights are called fundamental rights because they are justiciable in nature allowing persons to move the courts for their enforcement, if and when they are violated

    Features of the Fundamental Rights

    • FRs are protected and guaranteed by the constitution.
    • FRs are NOT sacrosanct or absolute: in the sense that the parliament can curtail them or put reasonable restrictions for fixed period of time. However, the court has the power to review the reasonablity of the restrictions.
    • FRs are justifiable: The constitution allow the person to move directly to the Surpreme Court for the reinforcement of his fundamental right as and when they are violated or restricted.
    • Suspension of Fundamental Rights: All the Fundamental Rights are suspended during National Emergencies except the rights guaranteed under Article 20 and 21.
    • Restriction of Fundamental Rights: The Fundamental Rights can be restricted during the military rule in any particular area.

    Important Articles Related To Fundamental Rights

    Let us now look at some of the important articles related to the Fundamental Rights in India:

    Article 12: Defines the State

    Article 12 of the Indian Constitution defines The State as:

    • The Government and Parliament of India,
    • The Government and legislatures of the states,
    • All local authorities and
    • Other authorities in India or under the control of the Government of India.

    Article 13: Defines Laws Inconsistent with or In derogation of Fundamental Rights

    • Article 13 of the Indian Constitution states that:
    • All laws in force in the territory of India immediately before the commencement of this Constitution, in so far as they are inconsistent with the provisions of this Part, shall, to the extent of such inconsistency, be void.
    • The State shall not make any law which takes away or abridges the rights conferred by this Part and any law made in contravention of this clause shall, to the extent of the contravention, be void.
    • In this article, unless the context otherwise required, –

    (a) “law” includes any Ordinance, order, bye-law, rule, regulation, notification, custom or usage having in the territory of India the force of law;

    (b)“laws in force” includes laws passed or made by a Legislature or other competent authority in the territory of India before the commencement of this Constitution and not previously repealed, notwithstanding that any such law or any part thereof may not be then in operation either at all or in particular areas.

    • Nothing in this article shall apply to any amendment of this Constitution made under article 368.

    Classification of Fundamental Rights

    The fundamental rights are classified into the following six categories:

    Article 12: Defines the State

    Article 12 of the Indian Constitution defines The State as:

    • The Government and Parliament of India,
    • The Government and legislatures of the states,
    • All local authorities and
    • Other authorities in India or under the control of the Government of India.

    Article 13: Defines Laws Inconsistent with or In derogation of Fundamental Rights

    • Article 13 of the Indian Constitution states that:
    • All laws in force in the territory of India immediately before the commencement of this Constitution, in so far as they are inconsistent with the provisions of this Part, shall, to the extent of such inconsistency, be void.
    • The State shall not make any law which takes away or abridges the rights conferred by this Part and any law made in contravention of this clause shall, to the extent of the contravention, be void.
    • In this article, unless the context otherwise required, –

    (a) “law” includes any Ordinance, order, bye-law, rule, regulation, notification, custom or usage having in the territory of India the force of law;

    (b)“laws in force” includes laws passed or made by a Legislature or other competent authority in the territory of India before the commencement of this Constitution and not previously repealed, notwithstanding that any such law or any part thereof may not be then in operation either at all or in particular areas.

    • Nothing in this article shall apply to any amendment of this Constitution made under article 368.

    Classification of Fundamental Rights

    The fundamental rights are classified into the following six categories:

    (1) Right to Equality

    Art 14 – Equality before Law

    Art 15 – Prohibition of Discrimination

    Art 16 – Equality of Opportunity in Public Employment

    Art 17 – Abolition of Untouchability

    Art 18 – Abolition of Titles

    (2) Right to Freedom

    Art 19 – Protection of 6 Rights:

    • Right to freedom of speech and expression.
    • Right to assemble peaceably and without arms.
    • Right to form associations or unions or co-operative societies.
    • Right to move freely throughout the territory of India.
    • Right to reside and settle in any part of the territory of India.
    • Right to practice any profession or to carry on any occupation, trade or business.

    Art 20 – Protection in Respect of Conviction for Offences

    Art 21 – Protection of Life and Personal Liberty

    Art 21-A Right to Education

    Art 22 – Protection against Arrest and Detention

    (3) Right against Exploitation          

    Art 23 – Prohibition of Human Trafficking and Forced Labor

    Art 24 – Prohibition of Child Labor

    (4) Right to Freedom of Religion   

    Art 25 – Freedom of Conscience, Profession, Practice, and Propagation

    Art 26 – Freedom to Manage Religious Affairs

    Art 27 – Freedom from Taxation for Promotion of a Religion

    Art 28 – Freedom from Attending Religious Instruction

    (5) Educational and Cultural Rights

    Art 29 – Protection of Interests of Minorities

    Art 30 – Right of Minorities to Establish and Administer Educational Institutions

    (6) Right to Constitutional Remedies         

    Art 32 – Right to remedies for the enforcement of the fundamental rights using five writs:

    • Habeas Corpus – to direct the release of a person detained unlawfully.
    • Mandamus – to direct a public authority to do its duty.
    • Quo Warranto – to direct a person to vacate an office assumed wrongfully.
    • Prohibition – to prohibit a lower court from proceeding on a case.
    • Certiorari – power of the higher court to remove a proceeding from a lower court and bring it before itself.

    Art 33 – Empowers the Parliament to restrict or abrogate the fundamental rights of the ‘Members of the Armed Forces, paramilitary forces, police forces, intelligence agencies, and analogous forces

    Art 34 – Provides for the restrictions on fundamental rights while martial law (military rule) is in force

    Art 35 – Empowers the Parliament to make laws on Fundamental Rights

  • Supreme Court Collegium shows the way in judicial appointments

    Context

    For the first time ever, the Supreme Court Collegium led by the Chief Justice of India (CJI) recommended/selected as many as nine persons at one go to be appointed to the apex court.

    Significance of the move

    • It is a happy augury that the present CJI, Justice N.V. Ramana, could, along with his colleagues in the Collegium, select the judges within a short period of his assumption of office.
    • It is a tough task to build a consensus around one person or a few persons, the CJI being the head of the Collegium, has an unenviable task in building that consensus.
    • Therefore, it can be said without any fear of contradiction that the job of selecting as many as nine judges for appointment to the Supreme Court was done admirably well.
    •  The latest resolution of the Collegium gave effect to the multiple judicial pronouncements of the top court on the subject.
    • The selection of three women judges, with one of them having a chance to head the top court, a judge belonging to the Scheduled Caste and one from a backward community and the nine selected persons belonging to nine different States, all point towards an enlightened and unbiased approach of the members of the Collegium.
    • A needless controversy is sought to be raised by a section of the media about this round of selection citing the non-existing ‘Rule of Seniority’.

    Various norms to be followed in judicial appointment

    1) Consideration of merit

    • Article 142 (1) contains the concept of ‘complete justice’ in any cause or matter which the Supreme Court is enjoined to deliver upon.
    • So, while selecting a judge to adorn the Bench, the fundamental consideration should be his/her ability to do complete justice.
    • In the Supreme Court Advocates-on-Record Association and Another vs Union of India (1993), the Court spelt out the parameters within which to accomplish the task of selecting candidates for appointment to the higher judiciary.
    • The most crucial consideration is the merit of the candidates.
    • The merit is the ability of the judge to deliver complete justice.

    2) Plurality

    • The nine judges who decided the above case were quite aware of these compelling realities.
    • So, they said, “In the context of the plurastic [pluralistic] society of India where there are several distinct and differing interests of the people with multiplicity of religions, race, caste and community and with the plurality of culture, it is inevitable that all people should be given equal opportunity in all walks of life and brought into the mainstream.”

    3) Transparency

    • India is perhaps the only country where the judges select judges to the higher judiciary.
    • It is, therefore, necessary to make the norms of selection transparent and open.
    •  In 2019, a five judge Bench of the Supreme Court, of which the present CJI was also a member, laid emphasis on this point.
    • The Bench observed: “There can be no denial that there is a vital element of public interest in knowing about the norms which are taken into consideration in selecting candidates for higher judicial office and making judicial appointments”.

    Thus, the essence of the norms to be followed in judicial appointments is a judicious blend of merit, seniority, interests of the marginalised and deprived sections of society, women, religions, regions and communities. 

    Consider the question “What are the various norms to be followed by the Collegium for judicial appointments? What are the issues with Collegium system of judicial appointment?”

    Conclusion

    The Collegium has started doing its job. Now, it is time for the Government to match the pace and take the process of appointments to its logical conclusion at the earliest.

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  • It is time to end judicial feudalism in India

    Context

    The August 11 order of the Himachal Pradesh High Court directed that “hereinafter, all the courts in the state other than the high court shall be referred to as district judiciary”. Furthermore, “these courts shall not be referred to as subordinate court” but as trial courts.

    Issues with the judicial hierarchy Vs. hierarchy of judges

    • The expression “subordinate courts” used by Part VI, Chapter 6, of the Constitution of India cannot signify that judges are subordinate.
    • The term subordinate has implications for the independence of the judiciary, entrenched with and since Kesavananda Bharati (1973) as the essential feature of the basic structure of the Indian Constitution.
    • No judge is “subordinate” to any other, constitutionally judges are limited in the jurisdiction but also supreme within their own jurisdiction.
    • However, Article 235 speaks of “control over subordinate courts”.
    • This Article created the notion of subordination by describing these entities and agents as persons “holding a post inferior to the post of a district judge”.

    Constitutional provision

    • The Constitution no doubt contemplates a hierarchy of jurisdictions, but no judge, acting within her jurisdiction, is “inferior” or “subordinate”.
    • On appeal, or review, a court with ample jurisdiction may overturn and even pass judicial strictures but this does not make the concerned courts “lower” or “inferior” courts.
    • Supervisory powers: High courts always have considerable powers of superintendence on the administrative side but this “supervisory“ power has been recognised by the apex court as a “constitutional power” and subject to the right of appeal as granted by Article 235.
    • While the Constitution allows “supervision”, it does not sanction judicial despotism.
    • Despite this, arbitrary practices in writing confidential reports of district justices seem to continue.

    Way forward

    • Constitutional amendment: A complete recasting of Article 235 is needed, which does away with the omnibus expression of “control” powers in the high courts.
    • The amendment should specifically require the high courts to satisfy the criteria flowing from the principles of natural and constitutional justice and all judicial officers who fulfil due qualification thresholds should be treated with constitutional dignity and respect.
    • Collegiate system at high court’s level: For most matters (save elevation), senior-most district judges and judges of the high courts should constitute a collegiate system to facilitate judicial administration, infrastructure, access, monitoring of disposal rates, minimisation of undue delays in administration of justice, alongside matters concerning transfers, and leave.
    •  If an ACR is to be adversely changed in the face of a consistent award for a decade or more, it should be a collegiate act of the five senior-most justices, including the Chief Justice of the High Court.
    • CJI Ramana has recently agreed in principle, following the request of the Supreme Court Bar Association, that chief justices of the high courts should consider lawyers practising in the Supreme Court for elevation to the high courts.

    Consider the question “Do you agree with the view that the Constitution contemplates a hierarchy of jurisdictions, but no judge, acting within her jurisdiction, is “inferior” or “subordinate”. Give reason in support of your argument.”

    Conclusion

    The changes suggested here needs to be implemented to ensure the independence of the judiciary at all levels.

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  • Gujarat Anti-Conversion Law

    The Gujarat High Court this week stayed key provisions of The Gujarat Freedom of Religion (Amendment) Act, 2021 pertaining to marriages involving religious conversion of either of the two parties.

    What is the Anti-Conversion Law?

    • The legislation has amended the 2003 Gujarat Freedom of Religion Act.
    • The amendment was brought in line with several similar laws enacted last year by right-wing-ruled states, starting with Uttar Pradesh.
    • The laws seek to end conversion through unlawful means, specifically prohibit any conversion for marriage, even if it is with the consent of the individual except when a prior sanction is obtained from the state.
    • Apart from UP and Gujarat, Madhya Pradesh and Himachal Pradesh too, have also enacted similar laws.

    Controversial provisions

    • Vagueness: It gives powers to the state to conduct a police inquiry to verify the intentions of the parties to convert for the purposes of marriage.
    • Burden of proof: Section 6A reverses the burden of proof on the partner of the converted spouse to prove that he/she did not coerce the other spouse.
    • Intent of marriage: Section 4 allows the aggrieved person, their parents, brother, sister, or any other person related by blood or marriage or adoption to file an FIR challenging the conversion and subsequent marriage.
    • Conversion as Allurement: The law considers lawful conversions as “allurement” in vague.
    • Discrimination: It defines over-broad terms; prescribes different jail terms based on gender; and legitimizes the intrusion of family and the society at large to oppose inter-faith marriages.

    Issues with such laws

    • Stereotyping of lawful conversion: The new anti-conversion laws shift the burden of proof of a lawful religious conversion from the converted to his/her partner.
    • Curb on individual freedom: Legal experts have pointed out that the laws interfere in an individual’s agency to marry a partner from different faith and to choose to convert from one’s religion for that purpose.
    • Interference of state: Apart from being vague and sweeping, the laws also test the limits to which the state can interfere in the personal affairs of individuals.
    • Violative of FRs: The freedom to propagate one’s religion (A25) and the right to choose a partner are fundamental rights (A21) that the new anti-conversion laws impinge upon.

    What has the Gujarat High Court held?

    • A Division Bench of the Gujarat High Court has granted an interim stay on certain provisions of the amendment that interfere with inter-faith marriages.
    • It has held that the bill interferes with the intricacies of marriage including the right to the choice of an individual, thereby infringing Article 21.
    • The interim stay on certain provisions will have to be confirmed when the larger challenge is decided.

    What was the government’s defence?

    • The state government had argued that the law did not prohibit all inter-faith marriages, but only the ones based on fraud and coercion.
    • To buttress its submission, Advocate General had argued that the Act must be read as a whole to interpret the provision, and the provision alone could not be read by itself.
    • However, the court said that the wider interpretation would happen at a later stage, and stayed the provisions for the time being. A larger challenge would determine the fate of the law eventually.

    Significance of the ruling

    • The HC ruling, although preliminary, comes as a relief to interfaith couples from being harassed.
    • The reading could have a bearing on challenges pending in other HCs (namely in MP, UP, Himachal etc).
    • However, its real impact on the ground could be limited, as larger constitutional nuances are often difficult to permeate, especially when it is not a final and binding verdict.

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  • AERA Bill, 2021

    In the recent monsoon session, Parliament passed the Airports Economic Regulatory Authority of India (Amendment) Bill, 2021.

    Key features of the AERA Bill, 2021

    • It seeks to amend the Airports Economic Regulatory Authority of India Act, 2008.
    • The 2008 Act established the Airport Economic Regulatory Authority (AERA).
    • AERA regulates tariffs and other charges (such as airport development fees) for aeronautical services rendered at major airports in India.
    • The 2008 Act designates an airport as a major airport if it has an annual passenger traffic of at least 35 lakh.
    • The central government may also designate any airport as a major airport by a notification.
    • The Bill adds that the central government may group airports and notify the group as a major airport.

    Why has the definition of a major airport been amended?

    • The Amendment has changed the definition of a major airport to include “a group of airports” after the words “any other airport”.
    • The government hopes the move will encourage the development of smaller airports and make bidding for airports with less passenger traffic attractive.
    • It plans to club profitable airports with non-profitable ones and offer them as a package for development in public-private partnership mode to expand connectivity.

    Was there a need to amend the AERA Act?

    • The Airports Authority of India (AAI) awarded six airports — Lucknow, Ahmedabad, Jaipur, Mangaluru, Thiruvananthapuram and Guwahati — for operations, management and development in public-private partnership mode in February 2019.
    • In 2020 too, the AAI has approved leasing of another six airports — Bhubaneswar, Varanasi, Amritsar, Raipur, Indore and Tiruchi.
    • The Ministry of Civil Aviation plans to club each of these airports with nearby smaller airports for joint development.
    • The move follows FM’s Budget Speech this year, in which she said the government planned to monetize airports in tier-2 and tier-3 cities.

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  • [pib] Simhadri PV Project: Largest floating Solar Project in the country

    The National Thermal Power Corporation (NTPC) has commissioned the largest floating solar PV project of 25MW on the reservoir of its Simhadri thermal station in Visakhapatnam, Andhra Pradesh.

    Simhadri PV Project

    • The 2000MW coal-based Simhadri Station is the first power project to implement an open sea intake from the Bay of Bengal which has been functional for more than 20 years.
    • This is the first solar project to be set up under the flexibilization scheme of coal-powered plant, notified in 2018.
    • The floating solar installation which has a unique anchoring design is spread over 75 acres in an RW reservoir.
    • This floating solar project has the potential to generate electricity from more than 1 lakh solar PV modules.
    • This would not only help to light around 7,000 households but also ensure at least 46,000 tons of CO2e are kept at arm’s length every year during the lifespan of this project.
    • The project is also expected to save 1,364 million litres of water per annum. This would be adequate to meet the yearly water requirements of 6,700 households.

    Other important facts you must know

    • As of May 2021, India has 95.7 GW of renewable energy capacity, and represents ~ 25% of the overall installed power capacity.
    • The government plans to establish renewable energy capacity of 523 GW (including 73 GW from Hydro) by 2030.
    • India was the world’s 3rd largest renewable energy producer with 38% (136 GW out of 373 GW) of total installed energy capacity in 2020 from renewable sources.
    • Tamil Nadu has the highest installed solar power capacity in India. Kamuthi Solar Power Project near Madurai is the world’s second-largest solar park.

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    Back2Basics: NTPC

    • NTPC is an Indian statutory corporation engaged in the generation of electricity and allied activities.
    • It is incorporated under the Companies Act 1956 and is under the jurisdiction of the Ministry of Power.
    • NTPC’s core function is the generation and distribution of electricity to State Electricity Boards in India.
    • It is the largest power company in India with an electric power generating capacity of 62,086 MW.
    • It has also ventured into oil and gas exploration and coal mining activities.
    • In May 2010, NTPC was conferred Maharatna status by GoI, one of the only four companies to be awarded this status.