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  • State Reforms Action Plan Rankings 2019

    Andhra Pradesh has bagged the first rank among all the states in the country in the state business reforms action plan-2019 (BRAP-2019), representing ease of doing business for Atmanirbhar Bharat.

    About the Ranking

    • It is the annual ease of doing business index of states and UTs of India based on the completion percentage scores of action items points of annual Business Reforms Action Plan (BRAP) under the Make in India initiative.
    • This ranking is based on the implementation of the business reform action plan.
    • Some of the key focus areas are access to information and technology, the setting up of a single-window system, construction permit enablers and land administration, according to DPIIT.
    • It based on the progress of states in completing annual reform action plan covering 8 key areas.

    The top ten states under the State Reform Action Plan 2019 are:

    1. Andhra Pradesh
    2. Uttar Pradesh
    3. Telangana
    4. Madhya Pradesh
    5. Jharkhand
    6. Chhattisgarh
    7. Himachal Pradesh
    8. Rajasthan
    9. West Bengal
    10. Gujarat

  • Reforming tax system

    The article discusses two recent measures announced by the government to bring in the transparency in the tax system.

    Issue of lower tax collection and way out

    • An economic contraction this year will severely impact tax collections.
    • Changing tax rates or the tax base in response is difficult and a hurried approach can have wider consequences.
    • So, the only tool available is to urge voluntary compliance.
    • Compliance is achieved through a fine balance between enforcement and encouragement.
    • Despite enforcement-driven measures in the past the taxpaying population has remained at only 6 per cent.
    • Thus, the only way to boost collections is to build trust between the administration and the taxpayer.

    Relation between complexity of system and compliance

    • A taxpayer has to interact with the tax system at numerous instances.
    • While interacting, if the taxpayer perceives the system to be complex, such perception affects compliance.
    • Perceived complexity can discourage individuals from filing returns.
    • This could reflect simply in the difference between the number of taxpayers and the returns filed: which is around 20 million.
    • Such behaviour is bound to impact tax collection.

    Recent government measures to bring transparency

    1) New taxpayer’s charter with some new features

    • The charter is a document that lists a taxpayer’s rights and obligations.
    • A taxpayer’s charter is often perceived as a means to build taxpayer’s trust.
    • The rights and obligations mentioned in India’s new charter are in line with global practices.
    • There are 3 interesting additions in the new charter: 1) commitment to reducing compliance costs 2) holding its authorities accountable 3) publishing a periodic report of service standards.
    • A tax ombudsman can ensure that some of these standards are met, however, in 2019, the cabinet approved the abolition of the quasi-judicial post.

    2) Faceless assessment

    • This relates to the frequent complaint of taxpayers about corruption and delay.
    • To end personal interface, e-assessment was introduced in 2019.
    • Developing this idea further, faceless assessment now seeks to further automate the case selection and the distribution function of the assessing officer.
    • The intent is to divest and distribute the functions of a single assessing officer so that assessment is carried out in a fair manner.

    Consider the question “What are the factors responsible for low tax compliance in India? What are the steps taken by the government to increase compliance?

    Conclusion

    If the commitment to a fair and impartial system and a time-bound resolution of matters is to be met, the new processes, with reviews and anonymity, must ensure efficiency in case selection and consistency in assessment.

  • 7th September 2020| Daily Answer Writing Enhancement

    Important Announcement:  Topics to be covered on 8th September-

    GS-1 Role of women and women’s organization

    GS-4 Case studies

    Question 1)

    The Global Inequality Crisis between the rich and the poor, men and women mainly owes to a flawed and sexist economic system, Do you agree? Critically examine. 10 marks

     

    Question 2)

    What are the challenges faced by the judiciary in India in dealing with the executive? Also discuss the other issues facing judiciary in recent times. 10 marks

     

    Question 3)

    What are the various reasons for tax collection in India? Suggest the measures to improve it. 10 marks

     

    Question 4)  

    You are a young civil servant posted in a tribal dominated district, which is notorious for illegal mining done by mafia. They exercise their power over poor tribal of the region by bribing the local tribal musclemen who have political aspirations. The consequent easy money and luxury have ensured that these musclemen work in the interest of these mafia. They use these ‘tribal’ musclemen as a ‘front’ to plant ‘constructed’ news in the media to create confusion or to gain sympathy of the civil society activists and the public at large. It is a strategy to thwart any concrete action of the government for eliminating the menace of illegal activities in that area. You quickly understood these designs after assuming the office. You came to know that some employees in your own office are in nexus with the mafia. When you initiated stringent action against the mafia they turned hostile. They prompted few tribal musclemen to file a fake FIR against you under the stringent provisions of the ‘Prevention of Atrocities Against SC and ST Act’. They also convinced the unsuspecting poor tribal that the state was ‘again’ launching atrocities against them. These poor tribal were eventually tutored to write a complaint to the National and State Commission for ST, a copy of which was leaked to the media. This could easily become a very hot issue for the opposition parties in the state as the Assembly Elections were due only six months later. Unfortunately all this can have grave consequences for your career. Bring out and discuss the ethical issues involved in the above case. What steps will you take in pursuance of the most appropriate closure of this case? 10 marks

     

     

     

    Reviews will be provided in a week. (In the order of submission- First come first serve basis). In case the answer is submitted late the review period may get extended to two weeks.

    *In case your answer is not reviewed in a week, reply to your answer saying *NOT CHECKED*. If Parth Sir’s tag is available then tag him.

    For the philosophy of AWE and payment, check  here: Click2Join

  • (IMP) Prelims 2020 – Chat Live with Zeeshan Sir on Habitat – Score Boosting Discussions | Starting tomorrow, daily 9:00 pm (Link inside)

    (IMP) Prelims 2020 – Chat Live with Zeeshan Sir on Habitat – Score Boosting Discussions | Starting tomorrow, daily 9:00 pm (Link inside)

    Last Chance to Boost your Prelims Score – Chat Live with Zeeshan Sir on Civilsdaily’s Habitat. Daily at 9:00 pm.

    Click here for Civilsdaily’s Habitat (instructions below)

    Dear students,

    You must have certainly heard of Nitro Boosters if you haven’t seen one in some random Bollywood movie. They are often used in the last leg of a bike race to get that extra speed and torque.

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    Here, you can personally interact with Zeeshan sir, ask doubts, learn, discuss, and better internalize these skills to emerge more confident to face the Prelims 2020 exam.

    tikdam upsc prelims 2020 current affairs

    Here, Logical Solving Techniques (Tikdams) will act as your Nitro Boosters. And with less than a month remaining for Prelims 2020, there can’t be a better time to retrofit your superbike with these. Remember, countless many are already using these Nitro Boosters (Tikdams) to get that extra edge over their competitors.

    Ever heard of Nitro Boosters being given for free. Grab the Opportunity. Because if you don’t, others will, certainly.

    Click here for Civilsdaily’s Habitat for Zeeshan sir’s discussions

    INSTRUCTIONS

    If you are already on Habitat, you don’t need to register again. Discussions will take place on General group. See you at 9:00 pm tomorrow. Others follow these steps:

    1. Click on the link provided above.
    2. Choose Web Application. (Mandatory)
    3. Enter your details. Click on ‘Register a new account’.
    4. Choose a username.
    5. That is it. Welcome to Habitat.

    For access through Mobile app:

    1. Install the Mobile application (click here) from your Appstore.
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    Should you encounter any issue in this process or you have a query, reach out to us at +91 89299 87787 or hello@civilsdaily.com

  • 5th Sep 2020 | Prelims Daily with Previous Year Questions

    [WpProQuiz 516]

    [WpProQuiz_toplist 515]

  • Our civil services need a reboot

    The Mission Karmayogi seeks to overhaul the bureaucracy in the country. The article discusses its aims and the challenges it could face.

    Context

    • The Union cabinet’s approval of Mission Karmayogi has raised the hope of a national bureaucracy that is adequately responsive to the country’s needs.

    Need for the overhaul

    • The system’s focus needs to be role- rather than rule-specific,
    • Coordination should prevail over battles for control, and IAS officers ought to be enablers instead of red-tape wrappers. 
    • There has been a near consensus in the country that our system of policy implementation needs an overhaul.

    What  is Mission Karmayogi

    • It is an upskilling initiative for government officials that aims to fix and galvanize India’s administration.
    • As envisaged, the Karmayogi training mechanism will cover an estimated 4.6 million officials at all levels.
    • Due to the scale of the exercise elaborate multi-tier command structure is expected to be put in place for it.
    • At its apex would be a Human Resource Council, headed by the Prime Minister.
    • Human Resource Council shall approve and monitor various skill-enhancing programmes as well as review the performance of employees routinely.

    Challenges

    • Given the way our bureaucracy has operated for decades, Mission Karmayogi is likely to prove disruptive.
    • The idea of being subject to continuous evaluation by a central authority could unsettle some officers.
    • There has been some disquiet within IAS ranks over the Centre’s lateral induction of people for senior roles, perhaps the new mission will resolve such disgruntlement.

    Conclusion

    Gentralized supervision of such large numbers does not promise to be easy. Globally, centralization has been observed to militate against diversity of thought. And that’s vital to the governance of a country like India.

  • Scrutinising government’s work in limited monsoon session

    The article analyses the impact of pandemic on the functioning legislatures and issues its implications.

    Context

    • Due to coronavirus pandemic, several States have held very short sessions in which they ratified a number of ordinances and hardly questioned any executive action over the last few months.

    Role of Parliament and Court

    • The government has the mandate to take decisions and perform various public tasks.
    • Government in turn is accountable to the legislature which can question it, and, as an extreme step, even replace it.
    • The legislature is accountable to citizens through regular elections.
    • Finally, constitutional courts are expected to ensure that all actions are made within the boundaries of the Constitution and laws made by the legislature.

    Dilution of the role of Parliament in  India

    • Indian Parliament has allowed its role to be diluted over the last few decades.
    • It has not questioned and monitored the activity of the executive.
    • Comparison with British Parliament: The United Kingdom’s joint parliamentary committee on human rights examined the proposals of a contact tracing app.
    • The committee recommended that an app could be used only if there was specific primary legislation to enable it. 
    •  India, in contrast, rolled out Aarogya Setu through executive decision, and has created a grey zone on whether it is mandatory or not.
    • Parliament should recover lost ground by fulfilling its constitutionally mandated role.

    Lack of parliamentary oversight during pandemic

    • Parliament will be meeting after 175 days.
    • 175 days’ is the longest gap without intervening general elections and just short of the six-month constitutional limit.
    • During the pandemic, over 900 central and nearly 6,000 State government notifications have been issued
    • Parliamentary committees did not meet for about four months.
    • This is unlike many other countries where both the plenary and committees have adopted technology to enable members to participate from home.

    Judicial intervention in policy issues

    • The lack of parliamentary oversight has been compounded by judicial intervention in many policy issues.
    •  For example, the government’s actions related to the lockdown should have been questioned by Parliament.
    • However, this was taken to the Supreme Court, which is not equipped and mandated to balance policy options.
    • Directions of the Court have to be followed which removes flexibility needed to tackle evolving issues with implementation.
    • Consider another case, Court decided to limit the period in which telecom companies have to pay their dues to the government, and overruled a cabinet decision.
    • This is a policy matter that balances interests of telecom companies, consumers and banks.
    • This issue is best judged by the government with oversight by Parliament.
    • And court should step in if there is an illegality.

    Way forward

    • Several events have taken place over the last six months that need thorough discussion.
    • This includes ways to tackle the spread of the coronavirus, economic growth which has had a sharp fall in the first quarter of this fiscal year.
    • This has far-reaching implications for creating jobs, stability of the banking system, and government finances.
    • The government is likely to bring in a supplementary budget; indeed, a fresh look at the Union Budget may be required given the changes in basic assumptions since January.
    • The situation at the China border also needs to be discussed.

    Consider the question “Anlyse the impact of pandemic on the key organs of the democracy.”

    Conclusion

    Parliamentarians have a duty towards Indian citizens to fulfil their role in scrutinising the work of the government and guiding policy. Despite the curtailed session and the constraints due to the coronavirus, they should make the best of the limited time to do so. They need to wrest back their rightful role in our democracy.

  • Priority Sector Lending (PSL)

    The RBI has released a revised priority sector lending guidelines to augment funding to segments including start-ups and agriculture.

    New Priority Sector Lending (PSL) guidelines

    • Bank finance of up to ₹50 crores to start-ups, loans to farmers both for installation of solar power plants for Solarization of grid-connected agriculture pumps and for setting up compressed biogas (CBG) plants have been included as fresh categories eligible for finance under the priority sector.
    • This has come to align it with emerging national priorities and bring a sharper focus on inclusive development, after having wide-ranging discussions with all stakeholders.
    • It will enable better credit penetration to credit deficient areas, increase the lending to small and marginal farmers and weaker sections, boost credit to renewable energy, and health infrastructure
    • The targets prescribed for ‘small and marginal farmers’ and ‘weaker sections’ are being increased in a phased manner.
    • Higher credit limit has been specified for farmer producer organisations (FPOs)/farmers producers companies (FPCs) undertaking farming with assured marketing of their produce at a pre-determined price.

    Back2Basics: Priority Sector Lending

    • PSL is an important role given by the (RBI) to the banks for providing a specified portion of the bank lending to few specific sectors like agriculture and allied activities, micro and small enterprises, poor people for housing, students for education and other low-income groups and weaker sections.
    • This is essentially meant for an all-round development of the economy as opposed to focusing only on the financial sector.
    • The broad categories of priority sector for all scheduled commercial banks are as under:
    1. Agriculture and Allied Activities (Direct and Indirect finance)
    2. Small Scale Industries (Direct and Indirect Finance)
    3. Small Business / Service Enterprises
    4. Micro Credit
    5. Education loans
    6. Housing loans

  • What counts as ‘Act of God’?

    Amid disruptions caused by Covid-19, the Finance Minister has referred to an Act of God while businesses are looking at a legal provision, force majeure, to cut losses.

    Note the key differences between the Act of God and Force Majeure.

    Evoking “Act of God”

    • The force majeure or “Act of God” clause has its origins in the Napoleonic Code.
    • The finance ministry had issued an office memorandum inviting attention to the force majeure clause (FMC) in the 2017 Manual for Procurement of Goods issued by the Department of Expenditure.
    • It clarified that the pandemic should be considered a case of natural calamity and FMC may be invoked, wherever considered appropriate.

    What is a force majeure clause?

    • The law of contracts is built around a fundamental norm that the parties must perform the contract.
    • When a party fails to perform its part of the contract, the loss to the other party is made good.
    • However, the law carves out exceptions when the performance of the contract becomes impossible for the parties.
    • A force majeure clause is one such exception that releases the party of its obligations to an extent when events beyond their control take place and leave them unable to perform their part of the contract.
    • FMC is a clause that is present in most commercial contracts and is a carefully drafted legal arrangement in the event of a crisis.
    • When the clause is triggered, parties can decide to break from their obligations temporarily or permanently without necessarily breaching the contract.
    • Companies in such situations use the clause as a safe exit route, sometimes in opportunistic ways, without having to incur the penalty of breaching the contract.

    Difference between the two

    • Both concepts elicit the same consequences in law.
    • Generally, an “Act of God” is understood to include only natural unforeseen circumstances, whereas force majeure is wider in its ambit and includes both naturally occurring events and events that occur due to human intervention.

    What situations legally qualify for use of force majeure?

    • While some contracts have clauses with standard circumstances, some contracts would have specific circumstances that are more focused.
    • For example, a shipping contract would have a force majeure clause that could cover a natural disaster like a tsunami.
    • If an event is not described, then it is interpreted in a way that it falls in the same category of events that are described.
    • An FMC is negotiated by parties, and events that could potentially hamper the performance of the contract are catalogued.
    • It is not invoked just by expressing that an unforeseen event has occurred.
    • In case a contract does not have a force majeure clause, there are some protections in common law that can be invoked by parties.
    • For example, the Indian Contract Act, 1872 provides that a contract becomes void if it becomes impossible due to an event after the contract was signed that the party could not prevent.

    Global precedents dealing with COVID-19 pandemic

    • In China, where the Covid-19 outbreak originated, the Council for Promotion of International Trade is issuing force majeure certificates to businesses.
    • China’s Supreme People’s Court had recognised the 2002 SARS outbreak as a force majeure event.
    • Singapore enacted the Covid-19 (Temporary Measures) Act in April to provide relief to businesses that could not perform their contractual obligations due to the pandemic.
    • The Paris Commercial Court in July ruled that the pandemic could be equated to a force majeure event.
    • In the UK, the Financial Conduct Authority has brought in a test case before the High Court to look into business insurance contracts and interpret the standard wordings in such contracts.
    • The International Chamber of Commerce has developed a Model Code on the force majeure clause reflecting current international practice.

  • What is Project Dolphin?

    In his Independence Day Speech this year, PM has announced the government’s plan to launch a Project Dolphin. The proposed project is aimed at saving both river and marine dolphins.

    Project Dolphin

    • The Project will be on the lines of Project Tiger, which has helped increase the tiger population.
    • So far, the National Mission for Clean Ganga (NMCG), which implements the government’s flagship scheme Namami Gange, has been taking some initiatives for saving dolphins.
    • Now, Project Dolphin is expected to be implemented by the Ministry of Environment, Forest and Climate Change.

    About Gangetic Dolphin

    • The Gangetic river system is home to a vast variety of aquatic life, including the Gangetic dolphin (Platanista gangetica).
    • It is one of five species of river dolphin found around the world.
    • It is found mainly in the Indian subcontinent, particularly in Ganga-Brahmaputra-Meghna and Karnaphuli-Sangu river systems.
    • An adult dolphin could weigh between 70 kg and 90 kg. The breeding season of the Gangetic dolphin extends from January to June.
    • They feed on several species of fishes, invertebrates etc.

    Why is it important to save dolphins?

    • The construction of dams and barrages and increasing pollution has led to a decline in the population of aquatic animals in the rivers in general and of dolphins in particular.
    • Aquatic life is an indicator of the health of river ecosystems.
    • As the Gangetic dolphin is at the top of the food chain, protecting the species and its habitat will ensure

    Aquatic life as an indicator of the health of a river system

    • Globally, there have been such examples. For instance, the Rhine Action Plan (1987) of the International Commission for the Protection of the Rhine (ICPR) brought back the salmon.
    • The return of the migratory fish is taken as an indicator of the river’s improved health.
    • Salmon used to migrate from the North Sea to the Rhine every year and reproduce, but this stopped when pollution increased in the river.
    • After a chemical accident in 1986 that caused the death of fish and microorganisms, the Action Plan was launched.
    • This led to an improvement in the quality of the river water, and the salmons began to return.

    What has been done to save Gangetic dolphins so far?

    • Although efforts to save them were started in the mid-1980s, the estimates suggest the numbers have not risen as a result.
    • The Gangetic dolphin remains listed as Endangered by the IUCN.
    • After the launch of Ganga Action Plan in 1985, the government on November 24, 1986, included Gangetic dolphins in the First Schedule of the Indian Wildlife (Protection), Act 1972.
    • This was aimed at checking hunting and providing conservation facilities such as wildlife sanctuaries. For instance, Vikramshila Ganges Dolphin Sanctuary was established in Bihar under this Act.

    Conservation so far

    • The government has prepared The Conservation Action Plan for the Ganges River Dolphin 2010-2020.
    • It identified threats to Gangetic Dolphins and impact of river traffic, irrigation canals and depletion of prey-base on Dolphins populations.
    • On October 5, 2009, the then PM declared the Gangetic river dolphin as the national aquatic animal.
    • A notification was issued by the MoEFCC the following year. Now, the National Mission for Clean Ganga celebrates October 5 as National Ganga River Dolphin Day.

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