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  • No fundamental right to strike

    Context

    Recently, the Minister of Defence introduced the Essential Defence Services Bill, 2021.

    About the Essential Defence Services Bill, 2021

    • The Bill seeks to provide for the maintenance of essential defence services so as “to secure the security of nation and the life and property of the public at large”.
    • Prohibit strike by ordinance factory staff: It prevents staff of the government-owned ordnance factories from going on strike.
    • Power to declare essential service: The Bill seeks to empower the government to declare services mentioned in it as “essential defence services” and prohibit strikes and lockouts in any industrial establishment or unit engaged in such services.

    No fundamental right to strike

    • There is no fundamental right to strike under Article 19(1)(a) of the Constitution.
    • Under Article 33 of the Constitution, Parliament, by law, can restrict or abrogate the rights of the members of the armed forces or the forces charged with the maintenance of public order.
    • Thus, for the armed forces and the police, where discipline is the most important prerequisite, even the fundamental right to form an association can be restricted under Article 19(4) in the interest of public order and other considerations.

    Supreme Court judgements on the issue

    • Many states prohibit strikes: This is not for the first time that strikes by government employees are being made explicitly illegal by the government, many states have similar provisions.
    • The Supreme Court in Delhi Police v. Union of India (1986) upheld the restrictions to form association by the members of the non-gazetted police force.
    • While the right to freedom of association is fundamental, recognition of such association is not a fundamental right.
    • Parliament can by law regulate the working of such associations by imposing conditions and restrictions on their functions, the court held.
    • In T.K. Rangarajan v. Government of Tamil Nadu (2003), the Supreme Court held that the employees have no fundamental right to resort to strike.

    Conclusion

    Strikes cannot be justified on any equitable ground. Strike as a weapon is mostly misused which results in chaos

  • Cover 250 Marks For Rs 500 Only! ESSAY MASTERCLASS For UPSC IAS EXAM | Limited Seats Link inside || Also, FREE IAS/EPFO Marathon session at 9 pm

    Dear aspirants, 

    The essay is one of the most important papers in the UPSC exam and you can easily score over 150 if you master the art of writing perfect essays. Join Anand Sir for a 10-Day club to cover complete essay writing and start practicing the right way!

    What will be covered in the course?

    1. How to choose the right topics.
    2. How to manage your time.
    3. How to write the perfect introduction.
    4. How to frame the body of the essay.
    5. How to conclude.
    6. The Dos and Don’ts of an essay.
    7. Common mistakes and how to avoid them.
    8. Storytelling techniques for great essay-writing.

    Learn the art of essay writing from scratch! 

    Session Starts – 11th August

    Duration – 10 Days (Mon-Fri)

    Course Fee – Rs. 500 + GST = Rs. 590

    Slots Available – 50 Only!

    This is available for absolutely FREE but we request you not to miss it!

    What do you have to do?

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    2. Read The Discussions Happening On The General Page.
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    4. Participate, Ask Questions, Engage, And Learn!

    Don’t Miss Out On The Questions That May Help You Succeed!

    Here is a list of topics and discussions you can join immediately:

    Revise Economics for IAS PrelimsRavi Ranjan11:00 am
    Essay WritingAnand Prakash12:30 pm
    Science and TechDr. Keerti1:00 pm
    Samadhan CSATRavi Ranjan2:00 pm
    Answer Writing Garima3:00 pm
    Chat pe News: Current AffairsAnjum Sharma4:30 pm
    Polity Laxmikant Amoghavarsha5:30 pm
    Indian society and Social IssuesSiddharth 6:00 pm
    Abhyaas: Answer WritingGarima7:00 pm
    Samvad: Indian AgricultureRadhika Didwania7:30 pm
    Prelims HeistParth Verma8:30 pm
    Marathon EPFO/IASRohit Yadav9:00 pm
    UPSC MCQsIshika9:30 pm

    And many more…

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  • 2 years of Repeal of Article 370

    Context

    Two years ago, India bid farewell to Articles 370 and 35 (A), marking the start of a new era in the politics of Jammu and Kashmir.

    Assessing the impact of changes on five parameters

    1) National unity

    • Articles 370 and 35 (A) created an unnatural and unhealthy divide in our nation.
    • For every law passed, every rule made, we had to ascertain whether it applied to J&K or not.
    • Today, such distinctions are history, J&K has been fully integrated with the other states and Union Territories.

    2) Democracy at the grass-root level

    • A healthy culture of grassroots-level participation was absent.
    • Panchayat polls held: One of the critical deliverables for J&K was to hold panchayat polls, which were finally held in 2020.
    •  This one step will go a long way in shaping the development paradigm in Jammu and Kashmir.
    • Political activity has also picked up across Jammu and Kashmir.
    • The Centre’s emphasis on a proper delimitation followed by full-fledged elections is in line with the commitments made to the people of Jammu and Kashmir.

    3) Peace

    • The third parameter is that of peace.
    • The memories of 2008, 2010 and 2016 are still fresh in the minds of the people of Jammu and Kashmir.
    • An effort was made to reignite such sparks of tension after the decisions on Article 370 and 35 (A) but the Valley as well as Jammu have remained peaceful.

    4) People’s aspirations

    • Jammu and Kashmir did not have RTI laws and its SC, ST and OBC communities were not able to get the benefits of reservation
    • The fact that the most marginalised groups can now get reservation benefits is a major leap forward in fulfilling the aspirations of the people of J&K.

    5) Economic growth

    • The Valley is today abuzz with news of action against corruption in key departments and financial bodies in the state.
    • Money being sent for public good was being misused by vested interest groups.
    • The economic upliftment in the Valley began with the Prime Minister’s Package of 2015.
    • This set the stage for extensive spending on physical and social infrastructure.
    • With the going of 370 and 35 (A) there is great hope that tourism will pick up in the Valley.
    • Incentives given to different sectors of the economy — be it saffron farmers or those who fish trout — combined with a largely peaceful environment is empowering many lives.
    • With corruption and leakages drastically reduced, resources are reaching the intended beneficiaries.

    Conclusion

    The situation in Jammu and Kashmir was never easy. As we enter the Amrut Mahotsav, it is for us to see the new realities in J&K. The people of the state have got the wings to fly and, in the years to come, J&K will make even greater contributions to India’s growth and development.

  • Streak Daily Initiative: Question Hour – Day 10

    Questions for the Day:

    Try these Mains Questions :

    Q: ‘‘As we live in a pluralistic society we need the greatest freedom to express our opinion even if others find it offensive.’ Do you agree? (15)

    Q: Article 15(1) of the Constitution of India prohibits the state from discriminating against individuals on the basis of certain protected characteristics. But it does not bar private individuals or institutions from doing what the state is not permitted to. In light of this, discuss the need for anti-discrimination law in India and its provisions. (10 Marks)

    Try these Prelims Questions :

    Q1. Which of the following fundamental rights are available only to the citizens of India?

    1. Article 14
    2. Article 16 
    3. Article 24
    4. Article 25 


    Select the correct answer using the codes given below

    A. 1, 2 and 3 only

    B. 1, 3 and 4 only

    C. 2 only 

    D. All of the above

    Q2. Which of the statements given below about the Fundamental Rights is/are correct?

    1. They are meant for promoting the ideal of political democracy.
    2. They protect the liberties and freedoms of the people against the invasion by the State.
    3. They aim at establishing a government of men and not of laws.

    Select the correct answer from the codes given below:

    A. 1 and 2 only

    B. 2 and 3 only

    C. 1 and 3 only

    D. 1, 2 and 3

    Q3. What do you understand by ‘Equality before Law’?

    1. The absence of special privileges to any person.
    2. The like should be treated alike without any discrimination.
    3. No person is above the law.

    4. It is component of Rule of Law

    Select the correct answer using the code given below.

    A. 1 and 4 only

    B. 2 and 3 only

    C. 1 and 3 only

    D. 1, 3 and 4 only

    Q 4. Consider the following statements about the Preamble of the Constitution and state which of them are correct with the help of given codes

    1. State legislatures shall have the power to modify the application of the fundamental rights to the members of Police Forces so as to ensure the proper discharge of their duties.


    2. The state legislature may enact a law stating that certain jobs can only be filled by applicants who are domiciled in the area.

    Which of the above statements state the limitations upon the enforcement of the Fundamental Rights?

    A. 1 only

    B. 2 only

    C. Both 1 and 2

    D. Neither 1 nor 2

    Q 5. Which of the following statements are correct about the Indian Constitution?

    1. Ninth schedule was added by the 1st Constitutional Amendment Act.

    2. In I.R. Coelho case (2007), the Supreme Court removed immunity of Ninth Schedule from Judicial Review.

    Select the correct answer from the codes given below:

    A. 1 only

    B. 2 only

    C. Both 1 and 2

    D. Neither 1 nor 2

    Sukanya madam’s video would be out at 7:00 PM and Santosh sir would provide the video at 9:00 PM.

    Watch this space for more updates exclusively for you.

  • Socio-Cultural Reform Movements and Leaders

    05th Aug, 2021

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  • Need to deal with the flaws in the existing structure of GST

    Context

    After four years, the promise of the Goods and Services Tax (GST) remains substantially unrealised.

    Why tax base of GST is not expanding

    • The GST is strongly co-related to overall GDP.
    • Revenue collection of the GST is dependent on the nominal growth rate of Gross Value Added (GVA) in the economy.
    • Since inception, GVA per quarter has been between ₹40-lakh crore to ₹47-lakh crore and GST revenue has not been higher than ₹2.7-lakh crore to ₹3.1-lakh crore.
    • The Tax to Gross value addition is only about 5% to 6.5% though GVA growth was much higher.
    • Issues: A very large segment is covered by exemption, composition schemes, evasion and lower tax rate.

    Five Issues with the GST structure

    1) Dominance of the Centre

    • The political architecture of GST is asymmetrically loaded in favour of the Centre.
    • No body to adjudicate: There is no particular body is tasked to adjudicate if there is a dispute between States and between the Centre and the States.
    • Centre’s domination: In the voting, the central government has one-third vote and States have two-thirds of total votes.
    • All states have equal voting rights regardless of size and stake.
    • With the support of a dozen small States whose total GST collection is not more than 5% of the total central government can dominate the decision making process in GST Council.
    • Small states dictate the terms: With equal value for each States’ voting, larger and mid-sized States feel shortchanged.

    2) Flaw in tax structure

    • Nearly 45% to 50% of commodity value is outside the purview of the GST, such as petrol and petroleum products.
    • Certain states not getting revenue as origin state: States which export or have inter-State transfers or mineral and fossil fuel extractions are not getting revenue as the origin States and need a compensation mechanism.
    • The pre-existing threshold level of VAT has been tweaked too often which has led to an evaporation of tax base incentivising, enabling evasion and mis-reporting.
    • Most trading and retail establishments, (however small) are out of the fold of the GST.
    • At the retail level, irrespective of whether Input Tax Credit (ITC) is required or not, the burden can be passed off to the consumer.
    • As a result, the loss could be as high as one third.

    3) Exemptions

    • Exemptions from registration and taxation of the GST have further eroded the GST tax base compared to the tax base of the pre-existing VAT.
    • Ground for evasion: Exemptions are purely distortionary and also provide a good chance to remain under the radar, thereby directly increasing evasion or misclassification.
    • Theoretically, exemptions at the final stages reduce tax realisation.
    • Multiple rates: As multiple rates are charged at different stages, it goes against the lessons of GST history.
    • This tax works well with a single uniform tax rate for all commodities and services at all stages, inputs and outputs alike.
    • While most countries have a single rate, India stands out and is among the five countries to have four rates/slabs.

    4) Exclusion

    • Against the interest of States: Petroleum products remaining outside the purview of GST has helped the Centre to increase cesses and decrease central excise, in what would otherwise have been shareable with the States.
    • Now, States will be keen on including petrol and diesel under the GST as their share of tax goes up in the process, even if there is a special rate fixed for it.
    • Equity requires that petrol and diesel be brought under the GST.
    • Cascading of taxes: Apart from the complexity it creates in record keeping and ‘granting ITC’, in the present form it also leads to a cascading which the GST avowedly tried to avoid.

    5) Lack of compliance

    • Compliance with GST return (GSTR-1) filing stipulation and the resultant tax information is not up to date.
    • Fraudulent claims of Input Tax Credit (ITC) because of a lack of timely reconciliation are quite high though it has come down by two thirds.
    • Tax evasion, estimated by a National Institute of Public Finance and Policy’s paper, is at least 5% in minor States and plus 3% in the major States.

    Conclusion

    Policy gaps along with compliance gaps do need to be addressed. Without proper tax information, infrastructure and base, the States would go in for selective tax enforcement. In the long run, voluntary compliance will suffer and equity in taxation will be violated.

  • 5th August 2021| Daily Answer Writing Enhancement(AWE)

    Topics for Today’s questions:

    GS-1 Modern Indian history from about the middle of the eighteenth century until the present- significant events, personalities, issues

    GS-2  Indian Constitution—Historical Underpinnings, Evolution, Features, Amendments, Significant Provisions and Basic Structure.

    GS-3  Indian Economy and issues relating to Planning, Mobilization of Resources, Growth, Development and Employment.

    GS-4  Aptitude and foundational values for Civil Service, integrity, impartiality and non-partisanship, objectivity, dedication to public service, empathy, tolerance and compassion towards the weaker sections.

    Questions:

    Question 1)

    Q.1 How did the socio-religious reform movements during the colonial period contribute to the emancipation of women? (10 Marks)

    Question 2)

    Q.2 “National security is important, but it can have an impact on human rights and civil liberties. The use of surveillance has serious implications for privacy. What we need is striking the balance between national security and the rights of citizens.” Comment. (10 Marks)

    Question 3)

    Q.3 Examine the structural issues in the GST architecture that makes it an unrealised promise. Suggest the way forward. (10 Marks)

    Question 4)  

    Q.4 Impartiality as a core value of civil services should not become a hurdle in showing compassion towards weaker sections of the society. Examine. (10 Marks)

    HOW TO ATTEMPT ANSWERS IN DAILY ANSWER WRITING ENHANCEMENT(AWE)?

    1. Daily 4 questions from General studies 1, 2, 3, and 4 will be provided to you.

    2. A Mentor’s Comment will be available for all answers. This can be used as a guidance tool but we encourage you to write original answers.

    3. You can write your answer on an A4 sheet and scan/click pictures of the same.

    4.  Upload the scanned answer in the comment section of the same question.

    5. Along with the scanned answer, please share your Razor payment ID, so that paid members are given priority.

    6. If you upload the answer on the same day like the answer of 1st August is uploaded on 1st August then your answer will be checked within 72 hours. Also, reviews will be in the order of submission- First come first serve basis

    7. If you are writing answers late, for example, 1st August is uploaded on 3rd August, then these answers will be evaluated as per the mentor’s schedule.

    8. We encourage you to write answers on the same day. However, if you are uploading an answer late then tag the mentor like @Staff so that the mentor is notified about your answer.

    *In case your answer is not reviewed, reply to your answer saying *NOT CHECKED*. 

    For the philosophy of AWE and payment: 

  • 10 Mistakes Every Student Makes In Essay Writing | How Can You Avoid Them? | Essays with Anand sir | 12:30 pm Habitat

    Dear aspirants, 

    The Essay paper makes up 250 marks in the exam. Writing the perfect essays can help you score more than 150 while each mistake you make can cost you marks. In fact, there are 10 very common mistakes that most students make in the essay paper that can easily be avoided. Join Anand Sir for an absolutely free session on common essay mistakes and avoid losing valuable marks.

    What do you learn?

    1. Important essay-writing tips.
    2. Daily writing exercises.
    3. Daily vocabulary building.
    4. Important reading material.
    5. Question and answers
    6. Live feedback

    Do not make the same mistakes like everyone and score more. 

    The session is absolutely FREE!

    Session at 12.30 P.M.

    This is available for absolutely FREE but we request you not to miss it!

    What do you have to do?

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    2. Read The Discussions Happening On The General Page.
    3. Click On The Blue Box To Join The Discussion.
    4. Participate, Ask Questions, Engage, And Learn!

    Don’t Miss Out On The Questions That May Help You Succeed!

    Here is a list of topics and discussions you can join immediately:

    Revise Economics for IAS PrelimsRavi Ranjan11:00 am
    Essay WritingAnand Prakash12:30 pm
    Science and TechDr. Keerti1:00 pm
    Samadhan CSATRavi Ranjan2:00 pm
    Answer Writing Garima3:00 pm
    Chat pe News: Current AffairsAnjum Sharma4:30 pm
    Polity Laxmikant Amoghavarsha5:30 pm
    Indian society and Social IssuesSiddharth 6:00 pm
    Abhyaas: Answer WritingGarima7:00 pm
    Samvad: Indian AgricultureRadhika Didwania7:30 pm
    Prelims HeistParth Verma8:30 pm
    Parakram Answer Writing sessionRohit Yadav9:00 pm
    Environment MCQsIshika9:30 pm

    And many more…

    Whatever you need, we have it here.

    How to join a discussion?

    After you have joined/registered on Habitat for free, go to the General club. Click on the blue box of the session you want to attend.