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![[Sansad TV] Mudda Aapka: SC Judgments in Regional Languages](https://d18x2uyjeekruj.cloudfront.net/wp-content/uploads/2022/12/sansad.jpg)
[Sansad TV] Mudda Aapka: SC Judgments in Regional Languages
Context
- The judgments delivered by the Supreme Court will now be translated into four languages —Hindi, Tamil, Gujarati and Odia — Chief Justice of India (CJI) Dhananjaya Y Chandrachud informed.
- We must understand that the language which we use namely English, is a language which is not comprehensible, particularly in its legal avatar, to 99.9% of our citizens, said CJI.
How Lord William Bentinck transformed judicial functioning in India?
· Bentinck was the governor-general of Bengal (1828–33) and of India (1833–35).
· Under him, the four Circuit Courts were abolished and transferred the functions of the abolished court to the collectors under the supervision of the commissioner of revenue and circuit.
· Sadar Diwani Adalat and Sadar Nizamat Adalat were established at Allahabad.
· He made the Persian and a Vernacular language for the court proceeding in lower court and made English language as official language for Supreme Court proceeding.
· During his reign, Law commission was set up by Macaulay which codified the Indian laws.
On the basis of this commission, a civil Procedure Code of 1859, an Indian Penal Code of 1860, and a Criminal Procedure Code of 1861 were prepared.CJI pitches for judgements in regional languages
- Expert committee under Justice Abhay Oka: A committee has been formed, headed by SC Judge Abhay Oka, to translate the judgments into four languages. CJI also intends to appoint retired judicial officers, apart from translators, for verifying machine translation of the Supreme Court judgments.
- State-wide translations: It has a mission that every high court across the country should will have a committee of two judges, one of whom should be a judge who is drawn from the district judiciary “because of their sheer width of experience”.
- AI-based translation: CJI further said that they are also developing a software and setting up a team where machine learning for translation of the SC judgments will be used.
Why such move?
- English barrier: The use of obsolete, archaic or old English words which have passed from the English language but have been kept alive by their frequent use in the Legal profession.
- Excessive use of jargons: The use of Latin, and sometimes French, words, and phrases to express a rule, principle, doctrine, maximum, etc. which can be easily phrased in English
- Legal language complexities: The practice of assigning common English words a new, different, unusual and purely legal meaning or assigning these words some exclusive legal definitions.
- Attitude of legal professionals: The ridiculed tendency of legal professionals both lawyers and judges to write often long and complex sentences without any punctuation.
Why is English such prominent legal language in India?
- Better than legacy language: The language used in Courts in India has seen a transition over centuries with the shift from Urdu to Persian and Farsi scripts during the Mughal period which continued in subordinate courts even during the British Rule.
- Codified laws and legal system: The British introduced a codified system of law in India with English as the official language.
- Creating cohesiveness: Just like cases from all over the country come to the Supreme Court, judges and lawyers of the Supreme Court also come from all parts of India.
- Ease of legal education: Without the use of English, it would be impossible to discharge their duty. All judgments of the Supreme Court are also delivered in English.
Need for such reform
- Creating awareness: The judgements should be converted into other regional languages so that the masses can benefit and the true meaning of legal education can be achieved.
- Create law abiding citizens: Obscurity of law creates complexity. If law is comprehensible to the common man, it will have a positive impact.
- Removing language barriers: Masses in India has always been uncomfortable with English language despites its popularity in education system.
- Promoting multilingualism: Ever since the introduction of New Education Policy, the centre has been very active in promoting multilingualism across the country.
Various provisions for regional languages
- India Constitution: Article 348(1) provides that all proceedings in the Supreme Court and in every High Court shall be in English language until Parliament by law otherwise provides. Article 348 (2) provides that the Governor of the State may, with the previous consent of the President, authorize the use of the Hindi language or any other language used for any official purpose of the State.
- Official Language Act, 1963: The Act reiterates this and provides under Section 7 that the use of Hindi or official language of a State in addition to the English language may be authorized, with the consent of the President of India, by the Governor of the State for the purpose of judgments, decrees etc. made by the High Court for that State. No law has been made in this regard by the Parliament so far.
- Law Commission of India: The 18th Law Commission Report on “Non-Feasibility of Introduction of Hindi as Compulsory Language in the Supreme Court of India” (2008) has, recommended that the higher judiciary should not be subjected to any kind of even persuasive change in the present societal context. The Government has accepted the stand of the Commission.
- Demand from various States: The centre has received proposals from the Government of Tamil Nadu, Gujarat, Chhattisgarh, West Bengal and Karnataka to permit use of Tamil, Gujarati, Hindi, Bengali and Kannada in the proceedings of their respective High Courts. The use of Hindi has been authorized long back in the proceedings as well in the judgments, decrees or orders in the High Courts of the States of Rajasthan, MP, UP and Bihar.
How can this be achieved?
- Encourage local languages: The need of the hour is to encourage local language in courts, which will not only increase the confidence of common citizens in the justice system, but they will feel more connected to it.
- Executive-judiciary liaison: The confluence of the judiciary and legislature will prepare the roadmap for an effective and time-bound judicial system in the country.
Way forward
- The language of law should be cleaned up so that any person of average intelligence can understand its meaning.
- The legal language can be simplified by using the following steps.
- It should be insisted that the laws written by the legislatures can be made understandable to average laymen as well as to the legal professional
- These laws must be written in non-technical terms
- Legislatures should use short sentences with adequate punctuation
- Use of Latin and French phrases should be abandoned
- Use of obsolete archaic English words should be abandoned and at last, the same meaning of words should be applied to those legal terms as the same meaning in common usage
Conclusion
- It is true that language acts as a barrier in the spread of Legal education however language barrier coupled with professional barrier acts as the real challenge.
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No bar on contesting two seats in one poll: Supreme Court
The Supreme Court has refused to set aside a provision in the election law that allows candidates to contest polls from two constituencies simultaneously.
What is the issue?
- The petition had sought the court to declare Section 33(7) of the Representation of People Act invalid and ultra vires.
- Like one-person-one-vote, one-candidate-one-constituency is the dictum of democracy, argued the petition.
What did the SC say?
- This is a policy matter and an issue concerning political democracy.
- It is for the Parliament to take a call, CJI observed.
Provision for contesting polls from two constituency
- Under section 33 (7) of the RPA, 1951, a person is allowed to contest polls, whether a general election, more than one by-elections or biennial elections, from a maximum of two seats.
- Before this law, candidates could run in any number of constituencies.
- If candidates win both seats, they must vacate one within 10 days, triggering a by-election, as stated under section 70 of the Act.
- Under the Constitution, an individual cannot simultaneously be a member of either House of Parliament (or a state legislature), or both Parliament and a state legislature, or represent more than one seat in a House.
Issues with two polls provision
- Issues with twin victories: There have been cases where a person contests election from two constituencies, and wins from both. In such a situation he vacates the seat in one of the two constituencies.
- Expenses of bye-election: The consequence is that a by-election would be required from one constituency involving avoidable expenditure on the conduct of that bye-election.
ECI supports one-candidate-one-constituency
- The Election Commission had, in an affidavit in 2018, supported the petition.
- It had informed the Supreme Court that it had proposed an amendment to Section 33(7) in July 2004.
Way ahead
- Heavy election deposits: A candidate should deposit an amount of ₹5 lakh for contesting in two constituencies in an Assembly election or ₹10 lakh in a general election.
- Recurring election expenses: The amount would be used to cover the expenses for a by-election in the eventuality that he or she was victorious in both constituencies and had to relinquish one.
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What is Additional Surveillance Mechanism (ASM)?
The National Stock Exchange (NSE) placed very famous enterprises of business tycoons under the additional surveillance mechanism (ASM).
Why in news?
- The Adani Group has shed $108 billion in market value since Hindenburg Research accused it of stock manipulation and accounting fraud.
What is Additional Surveillance Mechanism (ASM)?
- 2018 saw the establishment of the Additional Surveillance Measure (ASM), a measure by SEBI and recognised stock exchanges to control the incredibly volatile stocks on the Indian stock market.
- ASM in the stock market functions as a control measure for speculative trading to safeguard the interests of retail investors and keep them out of potentially dangerous trading situations.
- There are two parts of additional margins:
- Long-term ASM
- Short-term ASM
What is ASM list in the stock market?
- ASM list means a collection of securities currently under observation owing to variables like price volatility, volume variation, etc.
- Investors are alerted to unexpected price movement by stocks that have been shortlisted for the ASM list.
- These equities are subject to various trading restrictions to halt any speculation.
- The regulations that apply to stocks on the ASM list are more stringent.
- They are prohibited from being pledged and using intraday leverages like bracket and cover orders, among others.
How does it work?
- For instance, the stock will be moved to a 5% price band the day it joins the ASM list; from then on, it may only move 5% up or down from the previous day’s closing level.
- As a result of this limit violation, the stock can no longer trade on the market once this limit is violated.
- In addition, the investor ought to have 100% margin money to trade the stock as of the fifth day.
- The selected securities will be monitored further, based on predetermined criteria and transferred into Trade to Trade settlement once the criterion is met.
Criteria to determine ASM list stocks
The following criteria are used to select stocks for inclusion in ASM and were mutually decided upon by SEBI and Exchanges:
- Close-to-Close Price Variation
- Market Capitalisation
- Volume Variation
- Delivery Percentage
- High Low Variation
- Client Concentration
- of Unique PANs
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CITES database reveals Red Sanders smuggling
The CITES trade database has recorded 28 incidents of Red Sanders confiscation, seizure, and specimen from the wild being exported from India.
Red Sanders
- The species, Pterocarpus santalinus, is an Indian endemic tree species, with a restricted geographical range in the Eastern Ghats.
- It is a very slow-growing tree species that attains maturity in natural forests after 25-40 years.
- It is endemic to a distinct tract of forests in Andhra Pradesh.
- It is mainly found in Chittoor, Kadapa, Nandhyal, Nellore, Prakasam districts of Andhra Pradesh.
- It was classified as ‘near threatened’ in 2018 and has now joined the ‘endangered’ list once again in 2021.
- It is listed under Appendix II of CITES and is banned from international trade.
Legal protection in India
- The Union Environment Ministry had decided to keep Red Sanders (red sandalwood) OUT of the Schedule VI of Wild Life Protection Act, 1972, arguing that this would discourage the cultivation of the rare plant species.
- Schedule VI regulates and restricts the cultivation, possession, and sale of a rare plant species.
Threats to this specie
- Red Sanders are known for their rich hue and therapeutic properties, are high in demand across Asia, particularly in China and Japan.
- They are used in cosmetics and medicinal products as well as for making furniture, woodcraft and musical instruments.
- Its popularity can be gauged from the fact that a tonne of Red Sanders costs anything between Rs 50 lakh to Rs 1 crore in the international market.
Try this question from CSP 2016:
Q.With reference to ‘Red Sanders’, sometimes seen in the news, consider the following statements:
- It is a tree species found in a part of South India.
- It is one of the most important trees in the tropical rain forest areas of South India.
Which of the above statements is/are correct?
(a) 1 only
(b) 2 only
(c) Both 1 and 2
(d) Neither 1 nor 2
Post your answers here.
Back2Basics: Convention on International Trade in Endangered Species (CITES)
- CITES stands for the Convention on International Trade in Endangered Species of Wild Fauna and Flora.
- It is as an international agreement aimed at ensuring “that international trade in specimens of wild animals and plants does not threaten their survival”.
- It was drafted after a resolution was adopted at a meeting of the members of the International Union for Conservation of Nature (IUCN) in 1963.
- It entered into force on July 1, 1975, and now has 183 parties.
- The Convention is legally binding on the Parties in the sense that they are committed to implementing it; however, it does not take the place of national laws.
- India is a signatory to and has also ratified CITES convention in 1976.
CITES Appendices
- CITES works by subjecting international trade in specimens of selected species to certain controls.
- All import, export, re-exports and introduction from the sea of species covered by the convention has to be authorized through a licensing system.
- It has three appendices:
- Appendix I includes species threatened with extinction. Trade-in specimens of these species are permitted only in exceptional circumstances.
- Appendix II provides a lower level of protection.
- Appendix III contains species that are protected in at least one country, which has asked other CITES Parties for assistance in controlling trade.
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What are Lab-Grown Diamonds?
During her Budget speech, Finance Minister announced the government’s move to focus on lab-grown diamonds (LGDs).
What did the FM announce?
- Customs duty on the seeds used in lab-grown diamond manufacturing will be reduced, announced the finance minister.
- She also announced a grant to IITs to facilitate the growth of LGDs in India.
What are Lab-Grown Diamonds (LGD)?
- Lab-grown diamonds are diamonds that are produced using specific technology which mimics the geological processes that grow natural diamonds.
- They are not the same as “diamond simulants” – LGDs are chemically, physically and optically diamond and thus are difficult to identify as “lab-grown.”
- While materials such as Moissanite, Cubic Zirconia (CZ), White Sapphire, YAG, etc. are “diamond simulants” that simply attempt to “look” like a diamond.
- LGDs have basic properties similar to natural diamonds, including their optical dispersion, which provide them the signature diamond sheen.
- They lack the sparkle and durability of a diamond and are thus easily identifiable.
- However, differentiating between an LGD and an Earth Mined Diamond is hard, with advanced equipment required for the purpose.
How are LGDs produced?
There are multiple ways in which LGDs can be produced.
- High pressure, high temperature (HPHT) method: This method requires extremely high pressure, high temperature presses that can produce up to 730,000 psi of pressure under extremely high temperatures (at least 1500 Celsius). Usually graphite is used as the “diamond seed” and when subjected to these extreme conditions, the relatively inexpensive form of carbon turns into one of the most expensive carbon forms.
- Other processes: These include “Chemical Vapor Deposition” (CVD) and explosive formation that creates what are known as “detonation nano-diamonds”.
What are LGDs used for?
(1) Production
- For instance, LGDs are most often used for industrial purposes, in machines and tools. Their hardness and extra strength make them ideal for use as cutters.
- Furthermore, pure synthetic diamonds have high thermal conductivity, but negligible electrical conductivity.
(2) Electronics industry
- This combination is invaluable for electronics where such diamonds can be used as a heat spreader for high-power laser diodes, laser arrays and high-power transistors.
(3) Jewelleries
- Lastly, as the Earth’s reserves of natural diamonds are depleted, LGDs are slowly replacing the prized gemstone in the jewellery industry.
- Crucially, like natural diamonds, LGDs undergo similar processes of polishing and cutting that are required to provide diamonds their characteristic lustre.
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iCET: Initiative on Critical and Emerging Technologies between India and US
Context
- The talks between India’s National Security Advisor Ajit Doval and his American counterpart Jake Sullivan in Washington this week have concluded with the announcement of a new road map for deeper military and techno-economic cooperation between the two countries that is iCET.
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Background: Idea first mooted in QUAD summit
- The idea was first mooted in the meeting between Prime Minister Narendra Modi and President Joe Biden on the margins of the Tokyo summit of the Quadrilateral Security Dialogue (Quad) last May.
Ups and downs in high technology cooperation in US-India relations
- Early advances in India’s nuclear and space programs: High technology cooperation has long been a major focus of US-India relations. Early advances in India’s nuclear and space programmes in the 1950s and 1960s involved significant inputs from the US.
- US nuclear sanctions and reduced cooperation: But the US nuclear sanctions from the 1970s steadily whittled down the extent of bilateral high-tech cooperation.
- Civil nuclear initiative renewed cooperation: The historic civil nuclear initiative of 2005 opened the door for renewed technological cooperation.
- Political ambivalence bureaucratic inertia prevented best use: But residual restrictions on technology transfer in Washington and Delhi’s political ambivalence and bureaucratic inertia prevented the best use of the new possibilities.
- The iCET process and new possibilities ahead: The iCET process, which will be monitored and driven from the PMO in Delhi and the White House in Washington, will hopefully bring greater coherence to this round of India-US technological engagement.
What is Initiative on Critical and Emerging Technologies (iCET)?
- Cooperation in emerging technology: The iCET is a partnership between India and the US to work together in developing important and new technologies.
- Areas of collaboration for instance: The iCET involves collaboration in a range of areas including quantum computing, semiconductors, 5G and 6G wireless infrastructure, and civilian space projects such as lunar exploration.
- Adding depth and breadth to already growing partnership: The iCET’s goal is to increase the technology interaction between the US and India while also potentially adding additional strategic depth and breadth to their growing partnership.
- Directly monitored by PMO and White house: The Prime Minister’s Office in Delhi and the White House in Washington will oversee and direct the iCET.
Significance of iCET for India
- The importance of iCET in the context of assertive China: Lending urgency to the iCET is the growing convergence of Indian and US interests in managing the security, economic, and technological challenges presented by a rising and assertive China.
- India’s alternative for dependence on Russian military technology: India is also looking to reduce its over dependence on Russian weapons and military technology and to produce more weapons at home in partnership with western countries.
- Boost to India’s technological capabilities: The iCET would provide India with access to cutting-edge technology and expertise in areas that are critical and emerging in nature.
- Economic growth: Working together on new and important technologies can lead to more business between India and the US, which can help the economy grow as it will bring more investment and employment opportunities.
Other focus area: Cooperation in defence production
- The two sides are also focused on cooperation in defence production.
- While much of this cooperation will need to be fleshed out in the months ahead, Doval and Sullivan announced one concrete measure the making of a fighter jet engine in India.
- GE Aerospace has applied for an export licence for jet engine production and phased transfer of technology to Indian entities. Washington promises to process this application expeditiously. This fits in nicely with Delhi’s plans to modernise its rusty defence industrial base.
Conclusion
- If implemented with speed and purpose, the bilateral Initiative on Critical and Emerging Technologies (iCET) could lend a new strategic depth and breadth to the expanding engagement between India and the United States.
Mains question
Q. What is Initiative on Critical and Emerging Technologies (iCET)? Discuss the Importance of iCET especially for India.
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Highlights of the Union Budget 2023-24
The Union Finance Minister has presented the Union Budget 2023-24 in Parliament today. The highlights of the Budget are as follows:
Major achievements discussed
- Per capita income: PCI has more than doubled to ₹1.97 lakh in around nine years.
- 5th largest economy tag: Indian economy has increased in size from being 10th to 5th largest in the world in the past nine years.
- Formalized employment: EPFO membership has more than doubled to 27 crore.
- Direct Benefit Transfer: Cash transfer of ₹2.2 lakh crore to over 11.4 crore farmers under PM Kisan Samman Nidhi.
- Digital transactions: 7,400 crore digital payments of ₹126 lakh crore has taken place through UPI in 2022.
- Household toilets: 11.7 crore toilets constructed under Swachh Bharat Mission.
- Insurance cover: For 44.6 crore persons under PM Suraksha Bima and PM Jeevan Jyoti Yojana.
- Others: 9.6 crore LPG connections provided under Ujjwala; 220 crore covid vaccination of 102 crore persons; 47.8 crore PM Jan Dhan bank accounts.
Part A: Major Announcements
(1) Seven priorities of the budget ‘Saptarishi’
- These include inclusive development, reaching the last mile, infrastructure and investment, unleashing the potential, green growth, youth power and financial sector.
(2) Welfare
- Housing for all: Outlay for PM Awas Yojana is being enhanced by 66% to over Rs. 79,000 crore.
- Silver Economy: The maximum deposit limit for Senior Citizen Savings Scheme to be enhanced from Rs 15 lakh to Rs 30 lakh.
- Mahila Samman Savings Certificate: To commemorate Azadi Ka Amrit Mahotsav, a one-time new small savings scheme, Mahila Samman Savings Certificate to be launched. It will offer deposit facility upto Rs 2 lakh in the name of women or girls for tenure of 2 years (up to March 2025) at fixed interest rate of 7.5 per cent with partial withdrawal option.
(3) Industrial sector boost
- Entity DigiLocker: Entity DigiLocker will be setup for use by MSMEs, large business and charitable trusts to store and share documents online securely.
- PAN as business identifier: FM has said the Permanent Account Number (PAN) will be made as a single business identifier for all digital systems of all specified departments of the government.
- Credit facilitation for MSMEs: Revamped credit guarantee scheme for MSMEs to take effect from 1st April 2023 through infusion of Rs 9,000 crore in the corpus. This scheme would enable additional collateral-free guaranteed credit of Rs 2 lakh crore and also reduce the cost of the credit by about 1 per cent.
- Central Processing Centre: This is to be setup for faster response to companies through centralized handling of various forms filed with field offices under the Companies Act.
- Diamond Industry: R & D grant for Lab Grown Diamonds (LGD) sector to encourage indigenous production of LGD seeds and machines and to reduce import dependency.
- Unity Mall: States to be encouraged to set up a Unity Mall for promotion and sale of their own and also all others states’ ODOPs (One District, One Product), GI products and handicrafts.
(4) Infrastructure push
- New Infrastructure Finance Secretariat: It will be established to enhance opportunities for private investment in infrastructure.
- Massive outlays: Investment of Rs. 75,000 crore, including Rs. 15,000 crore from private sources, for one hundred critical transport infrastructure projects, for last and first mile connectivity for ports, coal, steel, fertilizer, and food grains sectors.
- Highest ever outlay for Railways: Capital outlay of Rs. 2.40 lakh crore has been provided for the Railways, which is the highest ever outlay and about nine times the outlay made in 2013-14.
- Urban Infrastructure Development Fund (UIDF): It will be established through use of priority Sector Lending shortfall, which will be managed by the national Housing Bank, and will be used by public agencies to create urban infrastructure in Tier 2 and Tier 3 cities.
(5) Agricultural boost
- Agriculture Accelerator Fund: It will be set-up to encourage agri-startups by young entrepreneurs in rural areas.
- Millet boost: To make India a global hub for ‘Shree Anna’, the Indian Institute of Millet Research, Hyderabad will be supported as the Centre of Excellence for sharing best practices, research and technologies at the international level.
- PRANAM Scheme: “PM Programme for Restoration, Awareness, Nourishment and Amelioration of Mother Earth” (PM-PRANAM) to be launched to incentivize States and Union Territories to promote alternative fertilizers and balanced use of chemical fertilizers.
- Animal husbandry: ₹20 lakh crore agricultural credit targeted at animal husbandry, dairy and fisheries A new sub-scheme of PM Matsya Sampada Yojana with targeted investment of ₹6,000 crore to be launched to further enable activities of fishermen, fish vendors, and micro & small enterprises, improve value chain efficiencies, and expand the market.
- Digital public infrastructure for agriculture: It will be built as an open source, open standard and inter operable public good to enable inclusive farmer centric solutions and support for growth of agri-tech industry and start-ups.
- APMC Storage: Massive decentralised storage capacity to be set up to help farmers store their produce and realize remunerative prices through sale at appropriate times.
- Atmanirbhar Clean Plant Program: This has been given an outlay of ₹2200 crore to be launched to boost availability of disease-free, quality planting material for high value horticultural crops.
- Bio-Input Resource Centres: Centre to facilitate one crore farmers to adopt natural farming over the next three years. For this, 10,000 Bio-Input Resource Centres to be set-up, creating a national-level distributed micro-fertilizer and pesticide manufacturing network.
(6) Health sector boost
- Sickle Cell Anaemia Elimination Mission: FM announced a mission to eliminate sickle cell anemia by 2047, which will include universal screening of seven crore persons between the ages of 0 and 40 years in affected tribal areas.
- Medical research: Joint public and Private Medical research to be encouraged via select ICMR labs for encouraging collaborative research and innovation. New Programme to promote research in Pharmaceuticals to be launched.
- More nursing colleges: 157 new nursing colleges to be established in co-location with the existing 157 medical colleges established since 2014.
(7) Rural Development
- Aspirational Blocks Programme covering 500 blocks: Launched for saturation of essential government services across multiple domains such as health, nutrition, education, agriculture, water resources, financial inclusion, skill development, and basic infrastructure.
- PVTG Development mission: FM announced the launch of a national mission for vulnerable tribes with an outlay of Rs 15,000 crore. The mission aims to provide support to India’s vulnerable tribes in areas of health, clean water and sanitation, basic infrastructure, and sustainable livelihood opportunities, among others.
(8) Higher Education
- District Institutes of Education and Training to be developed as vibrant institutes of excellence for Teachers’ Training.
- National Digital Library for Children and Adolescents to be set-up for facilitating availability of quality books across geographies, languages, genres and levels, and device agnostic accessibility.
- ‘Bharat Shared Repository of Inscriptions’ to be set up in a digital epigraphy museum, with digitization of one lakh ancient inscriptions in the first stage.
(9) Finance Sector
- ‘Effective Capital Expenditure’ of Centre: Rs. 13.7 lakh crore
- Continuation of 50-year interest free loan: Such loans for state governments for one more year to spur investment in infrastructure and to incentivize them for complementary policy actions.
- National Financial Information Registry: To be set up to serve as the central repository of financial and ancillary information for facilitating efficient flow of credit, promoting financial inclusion, and fostering financial stability. A new legislative framework to be designed in consultation with RBI to govern this credit public infrastructure.
(10) Urban development
- Sustainable cities of tomorrow: Encouragement to states and cities to undertake urban planning reforms and actions to transform our cities into ‘sustainable cities of tomorrow’.
- Mechanized sanitation work: Transition from manhole to machine-hole mode by enabling all cities and towns to undertake 100 percent mechanical desludging of septic tanks and sewers.
(11) Skill development
- iGOT Karmayogi: An integrated online training platform, launched to provide continuous learning opportunities for lakhs of government employees to upgrade their skills and facilitate people-centric approach.
- Unified Skill India Digital platform: To be launched for enabling demand-based formal skilling, linking with employers including MSMEs, and facilitating access to entrepreneurship schemes.
- National Apprenticeship Promotion Scheme: Direct Benefit Transfer under a pan-India National Apprenticeship Promotion Scheme to be rolled out to provide stipend support to 47 lakh youth in three years.
- Tribal education: Centre to recruit 38,800 teachers and support staff for the 740 Eklavya Model Residential Schools, serving 3.5 lakh tribal students over the next three years.
- Pradhan Mantri Kaushal Vikas Yojana 4.0: It will be launched to skill lakhs of youth within the next three years covering new age courses for Industry 4.0 like coding, AI, robotics, mechatronics, IOT, 3D printing, drones, and soft skills. 30 Skill India International Centres to be set up across different States to skill youth for international opportunities.
(12) Ease of Doing Business
- Jan Vishwas Bill: To amend 42 Central Acts have been introduced to further trust-based governance.
- Decriminalization of certain compliances: More than 39,000 compliances reduced and more than 3,400 legal provisions decriminalized to enhance Ease of Doing Business.
(13) IT push
- National Data Governance Policy: To be brought out to unleash innovation and research by start-ups and academia.
- AI push: Three centres of excellence for Artificial Intelligence to be set-up in top educational institutions to realise the vision of “Make AI in India and Make AI work for India”.
- 5G rollout: 100 labs to be setup for 5G services based application development to realize a new range of opportunities, business models, and employment potential.
- Infra push for E-Courts: Phase-3 of the E-Courts project to be launched with an outlay of Rs. 7,000 crore for efficient administration of justice.
(14) Energy
- Mandatory Compress Biogas blend of 5%: 5 per cent compressed biogas mandate to be introduced for all organizations marketing natural and bio gas.
- Green hydrogen: Annual production of 5 MMT under Green Hydrogen Mission to be targeted by 2030 to facilitate transition of the economy to low carbon intensity and to reduce dependence on fossil fuel imports.
- Battery storage: The government will support setting up of battery storage capacity of 4,000 MWH in India with viability gap funding.
- RE pus in Ladakh: 20,700 crore outlay provided for renewable energy grid integration and evacuation from Ladakh.
(15) Climate change mitigation
- GOBARdhan Boost: 500 new ‘waste to wealth’ plants under GOBARdhan (Galvanizing Organic Bio-Agro Resources Dhan) scheme to be established for promoting circular economy at total investment of Rs 10,000 crore.
- ‘Mangrove Initiative for Shoreline Habitats & Tangible Incomes’, MISHTI: To be taken up for mangrove plantation along the coastline and on salt pan lands, through convergence between MGNREGS, CAMPA Fund and other sources.
- Green Credit Programme to be notified under the Environment (Protection) Act to incentivize and mobilize additional resources for environmentally sustainable and responsive actions.
- Amrit Dharohar scheme to be implemented over the next three years to encourage optimal use of wetlands, enhance bio-diversity, carbon stock, eco-tourism opportunities and income generation for local communities.
- Net zero commitments: ₹35000 crore outlay for energy security, energy transition and net zero objectives.
- Green credit programme: FM also says a green credit programme will be notified under the Environment Protection Act.
(16) Tourism Boost
- Model destinations: At least 50 destinations will be selected through challenge mode — physical, virtual connectivity, tourism security, guides, would be made available on an app to enhance tourist experience.
- Sector specific skilling and entrepreneurship development: To be dovetailed to achieve the objectives of the ‘Dekho Apna Desh’ initiative.
- Vibrant Villages Programme: Border tourism infrastructure and amenities to be facilitated in border villages.
(17) Others
ISFC reforms: To enhance business activities in GIFT IFSC, the following measures to be taken-
- Delegating powers under the SEZ Act to IFSCA to avoid dual regulation.
- Setting up a single window IT system for registration and approval from IFSCA, SEZ authorities, GSTN, RBI, SEBI and IRDAI.
- Permitting acquisition financing by IFSC Banking Units of foreign bank.
- Establishing a subsidiary of EXIM Bank for trade re-financing.
- Amending IFSCA Act for statutory provisions for arbitration, ancillary services, and avoiding dual regulation under SEZ Act
- Recognizing offshore derivative instruments as valid contracts.
Part B: Estimates
Revised Estimates 2022-23
- The total receipts other than borrowings is Rs 24.3 lakh crore, of which the net tax receipts are Rs 20.9 lakh crore.
- The total expenditure is Rs 41.9 lakh crore, of which the capital expenditure is about Rs 7.3 lakh crore.
- The fiscal deficit is 6.4 per cent of GDP, adhering to the Budget Estimate.
Budget Estimates 2023-24
- The total receipts other than borrowings is estimated at Rs 27.2 lakh crore and the total expenditure is estimated at Rs 45 lakh crore.
- The net tax receipts are estimated at Rs 23.3 lakh crore.
- The fiscal deficit is estimated to be 5.9 per cent of GDP.
- To finance the fiscal deficit in 2023-24, the net market borrowings from dated securities are estimated at Rs 11.8 lakh crore.
- The gross market borrowings are estimated at Rs 15.4 lakh crore.
Part C: Direct Taxes
- Increased Rebate limit of Personal Income Tax: To be increased to Rs. 7 lakh from the current Rs. 5 lakh in the new tax regime. Thus, persons in the new tax regime, with income up to Rs. 7 lakh to not pay any tax.
- Tax slabs: Tax structure in new personal income tax regime, introduced in 2020 with six income slabs, to change by reducing the number of slabs to five and increasing the tax exemption limit to Rs. 3 lakh.
New Tax Regime (current) Tax Rates under the 2020 regime Rs 0 to Rs 3 lakh – Exempt
Rs 3 to 6 lakh – 5%
Rs 6 to 9 lakh – 10%
Rs 9 to 12 lakh – 15%
Rs 12 to 15 lakh – 20%
Above Rs 15 lakhs – 30%Income till Rs 2.5 lakh – Exempt
Rs 2.5 to Rs 5 lakh – 5%
Rs 5 lakh to Rs 7.5 lakh – 15%
Rs 7.5 lakh to Rs 10 lakh – 20%
Above Rs 10 lakh – 30%- Agniveer Fund to be provided EEE status: The payment received from the Agniveer Corpus Fund by the Agniveers enrolled in Agnipath Scheme, 2022 proposed to be exempt from taxes. Deduction in the computation of total income is proposed to be allowed to the Agniveer on the contribution made by him or the Central Government to his Seva Nidhi account.
Part D: Direct Taxes
- EV push: Customs Duty on specified capital goods/machinery for manufacture of lithium-ion cell for use in battery of electrically operated vehicle (EVs) extended to 31.03.2024
Electronics manufacturing push
- Customs duty on camera lens and its inputs/parts for use in manufacture of camera module of cellular mobile phone reduced to zero and concessional duty on lithium-ion cells for batteries extended for another year.
- Basic customs duty reduced on parts of open cells of TV panels to 2.5 per cent.
- Basic customs duty on electric kitchen chimney increased to 15 per cent from 7.5 per cent.
- Basic customs duty on heat coil for manufacture of electric kitchen chimneys reduced to 15 per cent from 20 per cent.
Legislative Changes in Customs Laws
- Customs Act, 1962: To be amended to specify a time limit of nine months from date of filing application for passing final order by Settlement Commission.
- Customs Tariff Act: To be amended to clarify the intent and scope of provisions relating to Anti-Dumping Duty (ADD), Countervailing Duty (CVD), and Safeguard Measures.
CGST Act to be amended
- to raise the minimum threshold of tax amount for launching prosecution under GST from one crore to two crore;
- to reduce the compounding amount from the present range of 50 to 150 per cent of tax amount to the range of 25 to 100 per cent;
- decriminalise certain offences;
- to restrict filing of returns/statements to a maximum period of three years from the due date of filing of the relevant return/statement; and
- to enable unregistered suppliers and composition taxpayers to make intra-state supply of goods through E-Commerce Operators (ECOs).
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Is Judicial Majoritarianism justified?
As the recent majority judgment of the Supreme Court on demonetization comes under criticism, the minority judgment by J. Nagarathna is being hailed for its challenge to the RBI’s institutional acquiescence (reluctant acceptance) to the Central government.
What is Judicial Majoritarianism?
- Numerical majorities are of particular importance to cases which involve a substantial interpretation of constitutional provisions.
- The requirement for a majority consensus flows from Article 145(5) of the Constitution which states that no judgment in such cases can be delivered except with the concurrence of a majority.
- It also provides for judges to freely deliver dissenting judgments or opinions.
- In important cases, Constitutional Benches, consisting of five or more judges, are set up in consonance with Article 145(3) of the Constitution.
- Such Benches usually consist of five, seven, nine, 11 or even 13 judges.
Why in news?
- Blind acceptance: This situation raises questions with respsect to our blind acceptance of numerical majority judgements.
- Disregard for dissent: This flags issues in judicial decision-making and the constitutional disregard of analysis and appreciation of arguments and evidence in dissenting judgments.
- Merits of dissent: Analysts now seek to challenge the weightage given to numerical majorities in judicial decisions by our Constitutional Courts as opposed to the merits in their reasoning.
CASE STUDY: “Why Do Bare Majorities Rule on Courts?”
- Jeremy Waldron has dealt with this concept at length in his work titled ‘Five to Four: Why Do Bare Majorities Rule on Courts?’.
- He proffers that the arguments which are made in defense of judicial majoritarianism cannot explain or justify our adherence to majority decisions –
1. Efficiency through ease of decision-making;
2. Epistemic objectivity through majority adherence; and
3. Equality through fairness,
- He questions why is it that the judges too have to resort to head counting in order to resolve disagreements amongst judges.
Heart of the debate: Why do experts need to resort to ‘majority’?
- Defiance of merit: A meritorious minority decision, irrespective of the impeccability of its reasoning receives little weightage in terms of its outcomes.
- Complex situations: All judges on a particular Bench give their rulings on the same set of facts, laws, arguments and written submissions.
- Nature of bias: Judicial hunches may be an outcome of subjective experiences, outlooks, perceptions, prejudices and biases.
Narrow margin: Some meritorious dissents in India
Our Constitutional history is replete with such meritorious dissents-
- The dissenting opinion of Justice H.R. Khanna in A.D.M. Jabalpur v. Shivkant Shukla (1976) upholding the right to life and personal liberty even during situations of constitutional exceptionalism is a prime example.
- Another example is the dissenting opinion of Justice Subba Rao in the Kharak Singh v. State of U.P. (1962) case upholding the right to privacy which received the judicial stamp of approval in the K.S. Puttaswamy v. UOI (2017) case.
Do you know? The Kesavananda Bharati verdict (1973) was divided 7–6 majority. And 4 other judges to bench refused to sign the Judgment! It is almost like the Basic Structure Doctrine was rejected. It should have had an overwhelming majority.
Way forward
- Weightage-based assent in judgments: Ronald Dworkin proffers a system that may either give more weightage to the vote of senior judges given that they have more experience or to the junior judges as they may represent popular opinion better.
- Doing away with headcounts: Such alternatives, however, can only be explored once we identify and question the premises and rationales which underlie head-counting in judicial decision-making.
- Imbibe critical discourse: The absence of a critical discourse on judicial majoritarianism represents one of the most fundamental gaps in our existing knowledge regarding the functioning of our Supreme Court.
- Cases to expert benches: As pending Constitutional Bench matters are listed for hearing and judgments are reserved, we must reflect upon the arguments of judicial majoritarianism on the basis of which these cases are to be decided.
Conclusion
- There is a need to reflect upon the concept of judicial majoritarianism.
- The academic discourse on this aspect is still nascent and developing.
