The Government has launched ‘Sabki Yojna Sabka Vikas’ campaign for inclusive and holistic preparation of the Gram Panchayat Development Plan (GPDP).
Sabki Yojna Sabka Vikas
Under Article 243 G of the Constitution, Panchayats have been mandated for the preparation and implementation of plans for economic development and social justice.
Thus, Panchayats have a significant role to play in the effective and efficient implementation of flagship schemes/programs on subjects of national importance for transforming rural India.
The objectives of the campaign broadly include strengthening of elected representatives and Self-Help Groups, evidence-based assessment of progress made.
The campaign aimed to help Gram Panchayats (GPs) in preparation of convergent and holistic GPDP through the identification of sectoral infrastructural gaps in respective areas.
Back2Basics: Gram Panchayat Development Plan (GPDP)
The Gram Panchayats are constitutionally mandated for the preparation of GPDP for economic development and social justice utilizing resources available with them.
The GPDP should be comprehensive and based on a participatory process involving the community particularly Gram Sabha.
It will be in convergence with schemes of all related Central Ministries / Line Departments related to 29 subjects listed in the Eleventh Schedule of the Constitution.
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The government has introduced in the Rajya Sabha the Limited Liability Partnership (Amendment) Bill, which seeks to encourage the startup ecosystem and further boost ease of doing business in the country.
Key changes as proposed in the bill includes as viz. introduction of the concept of ‘small companies’, decriminalization of certain offences, empowering Govt. to establish special courts etc.
What are LLPs?
A Limited Liability Partnership (LLP) is a partnership in which some or all partners have limited liability. It therefore exhibits elements of partnerships and corporations.
In an LLP, one partner is not responsible or liable for another partner’s misconduct or negligence.
This is an important difference from that of an unlimited partnership.
In an LLP, some partners have a form of limited liability similar to that of the shareholders of a corporation.
Liability. But against whom?
Limited liability means that if the partnership fails, then creditors cannot go after a partner’s personal assets or income.
LLPs are common in professional business-like law firms, accounting firms, and wealth managers.
Benefits offered by an LLP
Risk avoidance: For a long time, a need has been felt to provide for a business format that would combine the flexibility of a partnership and the advantages of limited liability of a company at a low compliance cost.
Flexibility: The LLP format is an alternative corporate business vehicle that provides the benefits of limited liability of a company but allows its members the flexibility of organizing their internal management on the basis of a mutually arrived agreement.
Startup-promotion: This format would be quite useful for small and medium enterprises in general and for the enterprises in services sector in particular.
Service-oriented: Internationally, LLPs are the preferred vehicle of business particularly for service industry or for activities involving professionals.
Investment promotion: The hybrid structure of LLP will facilitate entrepreneurs, service providers and professionals to organize and operate in an innovative and efficient manner for effectively competing in the global market.
Ease of Doing Business: The cost of forming an LLP is low and there’s’ less compliance and regulatory burden. It has no requirement of minimum capital contribution.
Limitations of LLP
Penalty on non-compliance: The compliance that is to be followed by LLP is minimal. But, if these compliances are not completed on time, then the LLP will have to pay a heavy penalty.
Winding up and dissolution of LLP: A minimum of two partners is required to form an LLP. If the minimum number of partners is below two for six months, then the LLP will be dissolved. It may be dissolved if the LLP is unable to pay its debts.
Difficulty to raise capital: The LLP does not have the concept of an IPO (equity or shareholders like a company). Angel investors and venture capitalists cannot invest in the LLP as shareholders.
LLPs in India
The concept of the Limited Liability Partnership (LLP) was introduced in India in 2008.
An LLP has the characteristics of both the partnership firm and company.
The Limited liability Partnership Act, 2008 regulates the LLP in India.
Minimum two partners are required to incorporate an LLP. However, there is no upper limit on the maximum number of partners of an LLP.
Setting up of an LLP
Minimum two partners are required to incorporate an LLP. However, there is no upper limit on the maximum number of partners of an LLP.
Among the partners, there should be a minimum of two designated partners who shall be individuals, and at least one of them should be resident in India.
The rights and duties of designated partners are governed by the LLP agreement.
They are directly responsible for the compliance of all the provisions of the LLP Act, 2008 and provisions specified in the LLP agreement.
The rights and duties of designated partners are governed by the LLP agreement.
They are directly responsible for the compliance of all the provisions of the LLP Act 2008 and provisions specified in the LLP agreement.
LLP Amendment Bill, 2021
Key Highlights:
Total of 12 offences to be decriminalized under LLPs. The decriminalized offences will then get shifted to an internal adjudication mechanism to help unclog criminal courts from routine cases.
The government has also approved creation of a class of small LLPs to encourage entrepreneurs. These LLPs will be subject to fewer compliances, reduced fee or additional fee, and smaller penalties in the event of default.
The changes, including removing criminal action for failure to comply with provisions of the Act, will help about 2.30 lakh such firms in the country.
A penalty in the form of a fine has been decided for violations of general trends. This boosts Aatmanirbhar Bharat.
New Concepts:
Definition of Small Company: The government will also introduce a new definition of small LLPs based on their turnover size and contributions by partners or proprietors. At present, there are relaxations for thresholds up to turnover size and partner’s contribution of Rs 40 lakh and Rs 25 lakh, respectively.
Lower compliance: It will incentivize unincorporated micro and small partnerships to convert into the organized structure of an LLP and derive its benefits. The corporate affairs ministry is also working towards setting up an e-adjudication platform as part of the new version of the MCA21 portal.
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So, let us look at Today’s activities.
For full-time Aspirants
Historical background and making of the Constitution
For working Aspirants
Special Provisions for some states, Union Territories, Scheduled and Tribal Areas
Target Assignment by Ravi Sir:
Try these Prelims Questions :
Q. Consider the following statements about Delhi legislative assembly
The strength of the council of ministers is fixed at fifteen percent of the total strength of the assembly.
The chief minister is appointed by the Lt. Governor.
The ministers hold office during the pleasure of the Lt. Governor. Which of the statements given above is/are correct?
1 and 2 only
1 and 3 only
2 and 3 only
None of the above
Q. Consider the following statements about Inner Line Permit
It is a document required by non- natives to visit or stay in a state that is protected under the ILP system.
Northeastern states covered under ILP are Arunachal Pradesh, Mizoram, Meghalaya and Nagaland.
All domestic and foreign tourists visiting states covered under ILP need to seek a permit. Which of the statements given above is/are correct?
1 only
2 only
1 and 3 only
1 and 2 only
Q. Consider the following statements regarding administration of the Union Territories:
1. An administrator of the Union Territory is an agent of the President and Head of the State like Governor. 2. Parliament can make a law on any subject of the three lists for any Union Territory. 3. Ministry of Home affairs is the nodal ministry for all matters of the Union Territories related to legislation, finance and budget.
Which of the statements given above is/are correct?
A. 1 only
B. 2 and 3 only
C. 1 and 3 only
D. 1, 2 and 3
Consider the following statements regarding the 6th scheduled areas of the country
Governor of the State declares the scheduled areas within a particular state
Executive power of centre extends to these areas related to administration of these areas
Acts of Parliament or state legislature do not apply to these areas unless Governor decides so
Tribal Advisory council consists of 24 members of tribal community to advise governor.
Which of above statements are true?
1,2 and 3
2, 3 and 4
2 only
All of them
Q. Which of the statements given below about administration of scheduled and tribal areas?
1. While 5th schedule deals with administration of scheduled areas, 6th schedule deals with administration of tribal areas
2. Each autonomous district council have elected members only to ensure more autonomy. 3. There are 10 district autonomous councils in 4 states of North East.
4. Scheduled areas have more autonomy than tribal areas.
Select the correct answer using the codes given below
1,2 and 3
1 and 3 only
2 and 3 only
All of them
Video Discussion of Prelims Questions by Santosh Sir:
https://www.youtube.com/watch?v=YXWwN2gLt5A
Try these Mains Questions :
Q: ‘The constituent assembly debates give an insight into the minds of our constitution makers.’ Justify. (10)
Q: Secularism in indian constitution ensures citizens rights of equality and places duties on the state at the same time. Explain. (250 words)
Video Discussion of Mains Questions by Sukanya Ma’am:
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Last week, a newspaper reported that the government is considering curtailing the monsoon session of Parliament on account of disruptions.
Reasons for disruptions
In 2001, a day-long conference was held in the Central Hall of Parliament to discuss discipline and decorum in legislatures.
The inputs of participants of conference helped identify four reasons behind the disorderly conduct by MPs.
Inadequate time: The first was dissatisfaction in MPs because of inadequate time for airing their grievances.
Unresponsive attitude: The second was an unresponsive attitude of the government and the retaliatory posture of the treasury benches.
Adherence to norm: The third was political parties not adhering to parliamentary norms and disciplining their members.
Lack of action: The absence of prompt action against disrupting MPs under the legislature’s rules.
Suggestions
Enforcement of a code of conduct for MPs and MLAs: The Lok Sabha has had a simple code of conduct for its MPs since 1952.
Newer forms of protest led to the updating of these rules in 1989.
Accordingly, members should not shout slogans, display placards, tear away documents in protest, play cassettes or tape recorders in the House.
A new rule empowers the Lok Sabha Speaker to suspend MPs obstructing the Houses’ business automatically.
But these suggestions have not been enforced so far.
Increase in working days: As recommended by the 2001 conference, there should be an increase in the working days of Parliament.
The conference had also resolved that Parliament should meet for 110 days every year and larger state legislative assemblies for 90 days.
Successive governments have shied away from increasing the working days of Parliament.
Our legislature should meet throughout the year, like parliaments of most developed democracies.
The concept of opposition days: In the United Kingdom, where Parliament meets over 100 days a year, opposition parties get 20 days on which they decide the agenda for discussion in Parliament.
The main opposition party gets 17 days and the remaining three days are given to the second-largest opposition party.
Canada also has a similar concept of opposition days.
This can also be done in India.
Conclusion
More strengthening of our Parliament is the solution to prevent disruption of its proceedings. It is the only mechanism to ensure that disrupting its proceedings or allowing them to be disrupted ceases to be a viable option.
The Pegasus revelations reflect an attack on Indian democracy and Indian citizens.
Role of government in protecting the fundamental and human rights of citizens
The surveillance of the target group in India through Pegasus raises doubts about the functioning of democracy in India.
Constitutional duty of government: The government has a constitutional duty to protect the fundamental and human rights of its citizens, irrespective of who they are.
There is clear evidence that the rule of law has been undermined.
More evidently, this reflects extremely poor governance.
The Intelligence Bureau, the Research and Analysis Wing, and the National Security Council Secretariat should have forewarned the government and citizens against such surveillance seriously violating privacy and fundamental rights.
The Supreme Court, in K.S. Puttaswamy v. Union of India (2017), declared privacy a constitutionally protected value.
Violation of human rights
India is a signatory to the Universal Declaration of Human Rights.
Article 12 provides that everyone has the right to the protection of the law against arbitrary interference with his privacy, family, home or correspondence.
The International Covenant on Civil and Political Rights, also signed by India, in Article 17 states, “No one shall be subjected to arbitrary or unlawful interference with his privacy, family, home or correspondence, nor to unlawful attacks on his honour and reputation. Everyone has the right to the protection of the law against such interference or attacks.”
In K.S. Puttaswamy, the Supreme Court noted India’s commitments under international law and held that by virtue of Article 51 of the Constitution, India has to endeavour to “foster respect for international law and treaty obligations…”
The Protection of Human Rights Act, 1993 is a fallout of this commitment.
Recommendations on digital communication technologies
The annual report of the United Nations High Commissioner for Human Rights (UNHCHR) in 2014 made recommendations on “digital communications technologies”.
Judicial oversight: The UNHCHR report stated, judicial involvement that meets international standards can help to make it more likely that the overall statutory regime will meet the minimum standards that international human rights law requires.
At the same time, the report stated that judicial involvement in oversight should not be viewed as a panacea.
Independent body: The report also recommended an independent oversight body to keep checks.
Effective remedy to victim: The International Covenant on Civil and Political Rights requires states parties to ensure that victims of violations of the Covenant have an effective remedy.
Role of business: The report also dealt with the role of businesses and stated that when a state requires that an information and communications technology company provide user data, it can only supply it in respect of legitimate reasons.
Earlier, due to concerns of member states, the General Assembly adopted Resolution 68/167 affirming that rights held by people offline must also be protected online.
The resolution also called upon all states to respect and protect the right to privacy, including in digital communication.
Conclusion
Indians have a right to call upon NSO to terminate the agreement, if any, with the Indian government or any private player and to cooperate with citizens to unravel the truth.
An Egyptian scholar, Mohammed Soliman, has recently written about the significance of what he calls the emerging “Indo-Abrahamic Accord” and its trans-regional implications to the west of India.
About Abraham Accord
Abraham Accord, signed in August last year in Washington, signifies the normalisation of Israel’s relations with the UAE and Bahrain.
The UAE and Bahrain were followed by Sudan and Morocco in signing the Abraham Accords.
Although Egypt (1979) and Jordan (1994) had established diplomatic relations with Israel earlier, the Abraham Accords are widely seen as making a definitive breakthrough in the relations between Israel and the Arabs.
Factors in favour of accord
Depth of trilateral relationship: Although India had relations with UAE and Israel for many years, they certainly have acquired political depth and strategic character recently.
Converging interests: Turkish president Recep Tayyip Erdogan’s assertive claims for the leadership of the Islamic world and hostile stand against India on several issues, indicates converging interests between India, the UAE, and Israel.
One of the unintended consequences of Erdogan’s overweening regional ambition, his alienation of Israel as well as moderate Arabs, his conflict with Greece, and his embrace of Pakistan is the extraordinary opportunity for India to widen India’s reach to the west of the Subcontinent
Cooperation: There are many areas like defence, aerospace and digital innovation where the three countries can pool their resources and coordinate development policies.
India’s extended neighbourhood: The notion of a “Greater Middle East” can provide a huge fillip to India’s engagement with the extended neighbourhood to the west.
India-Turkey relations
Hostile approach on Kashmir: Turkey has been championing Pakistan’s case on Kashmir after India changed the territorial status quo of the state in August 2019.
Blocking NSG entry: At Pakistan’s behest, Turkey is also blocking India’s entry into the Nuclear Suppliers Group.
The new geopolitical churn is also driven by Pakistan’s growing alignment with Turkey and its alienation from its traditionally strong supporters in the Arab Gulf — the UAE and Saudi Arabia.
Opportunities for India in extended neighbourhood to the west
Relations with Greece: The renewed territorial disputes between Turkey and Greece, and Turkey’s quest for regional dominance has drawn Greece and the UAE closer.
Greece has also looked towards India to enhance bilateral security cooperation.
Greece’s European partners like France, which have a big stake in the Mediterranean as well as the Arab Gulf, have taken an active interest in countering Turkey’s regional ambitions.
Erdogan’s support for the Muslim Brotherhood, which seeks to overthrow the current political order in the region, has deeply angered the governments of Egypt, Saudi Arabia and the UAE.
India’s relations with Egypt: If there is one country that can give substantive depth to the Indo-Abrahamic Accord it is Egypt.
Located at the cusp of Mediterranean Europe, Africa, and Asia, Egypt is the very heart of the Greater Middle East.
Independent India’s engagement with the region in the 1950s was centred on a close partnership with Egypt.
If Delhi and Cairo lost each other in recent decades, India can rebuild the strategic partnership jointly with the Egypt government which is calling for the construction of a “New Republic” in Egypt.
The notion of a “Greater Middle East” can provide a huge fillip to India’s engagement with the extended neighbourhood to the west.
The familiar regional institutions like the Arab League and the Organisation of Islamic Cooperation might endure but are incapable of addressing the region’s contradictions.
Consider the question “Amid Turkey’s quest for regional dominance and hostility towards India, the deepening engagement between India, the UAE and Israel can be converted into a formal coalition on the lines of Abraham Accords” Comment.
Conclusion
The opportunities that are coming India’s way to the west of the Subcontinent are as consequential as those that have recently emerged in the east.
