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Subject: Economics

  • What is the National Agriculture Code, currently being formulated by BIS?

    Why in the News?

    The Bureau of Indian Standards (BIS) has initiated the development of a National Agriculture Code (NAC), similar to the existing National Building Code and National Electrical Code.

    What is the National Agricultural Code (NAC)?

    • The NAC is a comprehensive set of standards for the agricultural sector, formulated by the Bureau of Indian Standards (BIS).
    • It aims to standardize all agricultural practices and post-harvest operations, including the use of machinery, field preparation, water use, crop management, and input management like fertilisers and pesticides.
    • It will cover both traditional and emerging agricultural practices like organic farming, natural farming, and the use of the Internet of Things (IoT) in agriculture.

    What Role Will the NAC Play in Standardization?

    • Comprehensive Framework: The NAC will provide a standardized framework for agricultural processes, ensuring quality, consistency, and efficiency in farming practices across India.
    • Sector-wide Application: It will set guidelines for various aspects of the agriculture sector, including crop selection, land preparation, irrigation, soil and plant health management, post-harvest operations, sustainability, and documentation.
    • Incorporation in Policies: The NAC will serve as a reference for policymakers, agriculture departments, and regulators to incorporate into schemes, policies, and regulations, aiding in quality control across the agricultural value chain.

    Who is Involved in the Formulation of the NAC?

    • The Bureau of Indian Standards (BIS) is leading the formulation of the NAC.
    • The BIS has formed working panels consisting of university professors, R&D organizations, and experts in 12-14 specific areas of agriculture to draft the NAC.
    • The BIS is collaborating with premier agricultural institutes and has already signed Memoranda of Understanding (MoUs) with institutes like Govind Ballabh Pant University of Agriculture and Technology (GBPUAT) for setting up Standardized Agriculture Demonstration Farms (SADFs).

    How will the NAC Impact Farmers’ Livelihoods?

    • Improved Decision-Making: The NAC will provide farmers with a structured guide for better decision-making in agricultural practices, which will help improve crop yields and reduce resource wastage.
    • Capacity Building: The BIS plans to offer training to farmers on NAC standards, enhancing their technical knowledge and helping them adopt sustainable practices.
    • Quality Assurance and Market Access: Standardized agricultural practices can ensure that crops meet quality requirements, potentially opening up better market access, higher incomes, and improved livelihoods for farmers.
    • Adoption of New Technologies: With standards in place for emerging technologies like IoT in agriculture, farmers can integrate modern technology into their operations, increasing productivity and efficiency.

    Way forward: 

    • Training and Capacity Building: Implement widespread training programs for farmers and agricultural professionals on NAC standards, ensuring smooth adoption of standardized practices and emerging technologies like IoT for improved efficiency.
    • Policy Integration and Support: Ensure seamless incorporation of NAC recommendations into national agricultural policies, with financial incentives and technical support to promote sustainable and quality-driven farming practices across India.
  • Government launches National Mission Edible Oils-Oilseeds to boost domestic production

    Why in the News?

    The Union Cabinet has approved the National Mission on Edible Oils-Oilseeds (NMEO-Oilseeds) to enhance domestic oilseed production and attain self-sufficiency in edible oils.

    About the Newly Launched NMEO-Oilseeds:

    • Aim: Boost domestic oilseed production, achieve self-reliance in edible, and boost farmers’ incomes. Currently, imports account for 57% of India’s domestic demand for edible oils.
    • Focus: It will focus on increasing edible oil production from Oil Palm  by enhancing the production of key primary oilseed crops (Rapeseed-Mustard, Groundnut, Soybean, Sunflower, and Sesamum)
      • Increasing collection and extraction efficiency from secondary sources (Cottonseed, Rice Bran, and Tree Borne Oils).
    • Tenure: 7 years (from 2024-25 to 2030-31)

    Roadmap for the Mission:

    • Increase Edible Oil Production: Achieve 25.45 million tonnes of domestic edible oil production by 2030-31, meeting 72% of domestic demand.
    • Seed Infrastructure: It will introduce an online 5-year rolling seed plan through the Seed Authentication, Traceability & Holistic Inventory (SATHI) portal to ensure timely availability of seeds.
    • Seed Hubs & Storage: Establish 65 new seed hubs and 50 seed storage units to strengthen seed production infrastructure.
    • Value Chain Clusters: Develop over 600 value chain clusters across 347 districts, covering 10 lakh hectares annually. These clusters will focus on providing high-quality seeds and promoting Good Agricultural Practices (GAP).

    Other Initiatives by the Government:

    • National Mission on Edible Oils – Oil Palm (NMEO-OP): Launched in 2021 with a budget of Rs 11,040 crore to boost oil palm cultivation.
    • Import Duties: A 20% import duty on edible oils has been imposed to protect domestic producers from cheap imports and encourage local oilseed cultivation.
    • MSP & PM-AASHA: The Minimum Support Price (MSP) for mandated edible oilseeds has been increased, and the Pradhan Mantri Annadata Aay Sanrakshan Abhiyan (PM-AASHA) ensures oilseed farmers receive MSP through price support and deficiency payment schemes.

    Way forward: 

    • Strengthen Research and Development: Invest in research initiatives focused on developing climate-resilient, high-yield oilseed varieties through advanced technologies like genome editing.
    • Enhance Farmer Engagement and Training: Implement comprehensive training programs for farmers on Good Agricultural Practices (GAP) and effective resource management.
  • [pib] Cabinet approves PM Rashtriya Krishi Vikas Yojana (PM-RKVY) and Krishonnati Yojana (KY)

    Why in the News?

    The Union Cabinet approved the rationalization of all Centrally Sponsored Schemes (CSS) under the Ministry of Agriculture and Farmers Welfare into two umbrella schemes:

    • Pradhan Mantri Rashtriya Krishi Vikas Yojana (PM-RKVY) – A cafeteria scheme aimed at promoting sustainable agriculture.
    • Krishonnati Yojana (KY) – Focuses on food security and agricultural self-sufficiency.

    About PM Rashtriya Krishi Vikas Yojana (PM-RKVY):

    Details
    Objective To promote sustainable agriculture and improve agricultural productivity.
    Total Proposed Expenditure Rs 1,01,321.61 crore (combined with Krishonnati Yojana).
    Central Share (DA&FW) Rs 57,074.72 crore under PM-RKVY.
    Key Initiatives under PM-RKVY
    • Soil Health Management
    • Rainfed Area Development
    • Agro Forestry
    • Paramparagat Krishi Vikas Yojana
    • Agricultural Mechanization (including Crop Residue Management)
    • Per Drop More Crop
    • Crop Diversification Programme
    • RKVY DPR Component
    • Accelerator Fund for Agri Startups
    Key Focus Sustainable agricultural practices, soil health, water conservation, crop diversification, organic farming, and agricultural mechanization.
    Flexibility for States Increased flexibility for state governments to reallocate funds based on unique requirements of the states.
    Implementation Method Funds allocated to states, with state governments developing Comprehensive Strategic Documents addressing crop production, climate resilience, and value chains.
    Benefits Avoid duplication, ensure convergence, and streamline the approval process for quicker implementation of Annual Action Plans (AAP).

     

    Schemes merged into Krishonnati Yojana (KY):

    • National Food Security Mission (NFSM)
    • National Mission on Oilseeds and Oil Palm (NMOOP)
    • Mission for Integrated Development of Horticulture (MIDH)
    • National Mission on Sustainable Agriculture (NMSA)
    • Sub-Mission on Agricultural Mechanization (SMAM)
    • National Mission on Agricultural Extension and Technology (NMAET)
    • Mission Organic Value Chain Development for North Eastern Region (MOVCDNER)

    PYQ:

    [2014] Consider the following pairs:

    Programme/Project Ministry
    1. Drought – Prone Areas Programme Ministry of Agriculture and Farmers Welfare
    2. Desert Development Programme Ministry of Environment, Forest and Climate Change
    3. National Watershed Development Project for Rainfed Areas Ministry of rural development

    Which of the pairs given above is/are correctly matched?

    (a) Only 1 and 2

    (b) Only 3

    (c) 1, 2 and 3

    (d) None of these

  • F&O: How will Sebi’s new rules affect traders and brokers?

    Why in the News?

    SEBI has introduced a six-step framework to protect investors and curb speculative trading, specifically targeting futures and options (F&O) trading by reducing volumes on expiry days and limiting retail participation.

    What are the Future and Options (F&O)?

    • Futures are contracts to buy or sell an asset (like stocks, indexes, or commodities) at a predetermined price on a future date.
    • Options give the right, but not the obligation, to buy or sell an asset at a set price before a certain date.

    SEBI’s Six-Step F&O Framework (Effective November 2024 – April 2025):

    In response to concerns about rising speculative trading, SEBI has outlined six key measures aimed at reducing retail interest in F&O trading:

    1. Upfront collection of options premiums
    2. Intraday monitoring of position limits
    3. Removing calendar spread benefits on expiry day
    4. Increasing the contract size for index derivatives
    5. Rationalizing weekly index derivatives to one benchmark per exchange
    6. Enhancing margin requirements on options expiry days

    Key Changes for Retail Investors:

    • Upfront Collection of Options Premiums: Retail investors must now pay the full premium upfront, limiting their ability to use high leverage in options trading.
    • Increased Contract Size: The minimum contract size for index derivatives is raised to ₹15 lakhs, reducing speculative retail participation by making it costlier to enter.
    • Rationalization of Weekly Expiries: Only one benchmark index per exchange can have weekly expiries, lowering speculative trading opportunities and intraday volatility.
    • Removal of Calendar Spread Benefits: Calendar spreads are no longer allowed on expiry days, discouraging aggressive trading strategies.

    Impact on Brokers and Revenue:

    • Decline in Trading Volumes: Brokers reliant on F&O trading will see reduced volumes due to fewer retail participants and higher barriers to entry.
    • Revenue Drop in Options Trading: Firms like Zerodha may face a 30-50% revenue drop as retail participation in options decreases.
    • Shift to Equity Trading: Retail investors may move towards equity trading, causing brokers to adapt their offerings.
    • Adaptation for Brokers: Brokers with a balanced mix of cash and derivatives will be less impacted, while those focused on F&O need to shift strategies.

    PYQ:

    [2021] With reference to India, consider the following statements:​

    1. Retail investors through demat account can invest in ‘Treasury Bills’ and ‘Government of India Debt Bonds’ in primary market.​

    2. The ‘Negotiated Dealing System-Order Matching’ is a government securities trading platform of the Reserve Bank of India. ​

    3. The ‘Central Depository Services Ltd.’ Is jointly promoted by the Reserve Bank of India and the Bombay Stock Exchange. ​

    Which of the statements given above is/are correct?​

    (a) 1 only ​

    (b) 1 and 2 only ​

    (c) 3 only ​

    (d) 2 and 3 only ​

  • Surat’s diamond industry struggles to sparkle amid geopolitical tensions

    Why in the News?

    Over the past 8-9 months, more than 50,000 workers in Surat have lost their jobs, and over 70 people have tragically taken their own lives in the past year, unable to bear the strain of unemployment and family responsibilities.

    Economic Impact of Geopolitical Tensions

    • Global Supply Chain Disruptions: The Russia-Ukraine war and Israel-Gaza conflict have disrupted the supply chain of raw diamonds. Russia, a major supplier of rough diamonds to Surat, faces Western sanctions, which have restricted the flow of diamonds into India.
    • Sanctions on Russian Diamonds: U.S. and European Union sanctions on Russian-origin diamonds, including polished diamonds processed in India, have significantly affected exports, particularly to Western markets like the U.S., EU, and Hong Kong.
    • Falling Demand: Global demand for polished diamonds has decreased in key markets such as the U.S., China, and Europe. This reduction in demand has led to a sharp decline in India’s diamond exports, plummeting from $23 billion in 2022 to a projected $12 billion by the end of 2024.
    • Price Drops: Polished diamond prices have fallen by 5-27% due to oversupply and lower demand, further worsening the industry’s financial outlook.

    Employment Challenges

    • Job Losses: Over 50,000 diamond workers have lost their jobs in Surat over the past eight to nine months due to factory closures and layoffs.
    • Wage Reduction: Workers who remain employed have experienced significant wage cuts. For instance, wages have dropped from ₹45,000-₹55,000 per month in 2021 to ₹25,000-₹30,000 now.
    • Suicides and Financial Distress: Financial strain has led to over 70 suicides among diamond workers in Surat, as they struggle with job losses, school fees, rent, and medical expenses for their families.
    • Lack of Government Support: Despite repeated appeals, there has been little substantial government assistance for unemployed diamond workers, leaving them with minimal social security or institutional support.

    Future Prospects and Support Measures

    • Shift to Alternative Employment: Many workers have shifted to other forms of employment, such as driving cabs, street vending, or returning to agriculture in their native regions, to make ends meet.
    • Welfare Demands: The Diamond Workers’ Union (DWU) has called for a special welfare package for workers, including financial support for their children’s education and healthcare expenses.
    • Appeals for Government Intervention: The industry, represented by groups like the DWU, is urging both the state and central governments to intervene. However, so far, industry associations have not formally sought government intervention for relief measures.

    Way forward: 

    • Government Support Package: The state and central governments should introduce targeted financial relief measures for affected diamond workers, including unemployment benefits, healthcare assistance, and educational support for children.
    • Diversification and Skill Development: Encourage skill development programs to help workers transition to alternative employment sectors, such as textiles, agriculture, or services, ensuring long-term economic resilience and reduced dependency on the diamond industry.
  • [1st October 2024] The Hindu Op-ed: Having private participation in India’s nuclear energy

    PYQ Relevance:

    Q). Discuss the natural resource potentials of ‘Deccan Trap’. (UPSC CSE 2022)
    Q). With growing energy needs should India keep on expanding its nuclear energy programme? Discuss the facts and fears associated with nuclear energy. (UPSC CSE 2018)

    Q). In what ways would the ongoing US-Iran Nuclear Pact Controversy affect the national interest of India? How should India respond to its situation? (UPSC CSE 2018)

    Prelims:

    In the Indian context, what is the implication of ratifying the ‘Additional Protocol’ with the `International Atomic Energy Agency (IAEA)’? (UPSC CSE 2018) 

    a) The civilian nuclear reactors come under IAEA safeguards.
    b) The military nuclear installations come under the inspection of IAEA.
    c) The country will have the privilege to buy uranium from the Nuclear Suppliers Group (NSG).
    d) The country automatically becomes a member of the NSG.

    Mentor’s Comment:  Nuclear power is the fifth-largest source of electricity in India, following coal, gas, hydroelectricity, and wind power. As of November 2020, India has 22 nuclear reactors in operation across 8 nuclear power plants, with a total installed capacity of 7,380 MW. From 2020 to 21, nuclear power produced 43 TWh, contributing 3.11% of India’s total power generation. In today’s editorial, we will be introduced to the private investment in India’s nuclear power sector, which is expected to have significant implications for the safety and security of nuclear power plants.

    _

    Let’s learn!

    Why in the News?

    The government is negotiating with major firms, including Reliance Industries, Tata Power, Adani Power, and Vedanta, for investments of around $5.3 billion each.

    • This initiative aims to enhance electricity generation from non-carbon-emitting sources, aligning with India’s ambitious goal of achieving 50% non-fossil fuel-based electric generation capacity by 2030, up from 42% currently.

    What are the potential benefits of private investment in nuclear energy for India’s energy security?

    • Increased Capacity: The government aims to add 11,000 megawatts (MW) of nuclear power generation capacity by 2040. By ramping up nuclear power, India can reduce its heavy reliance on coal, which constitutes over 50% of its installed capacity.
    • Financial Investment and Infrastructure Development: The initiative seeks approximately $26 billion in private investments, which will facilitate the construction and operation of new nuclear plants. This financial boost is essential for meeting ambitious clean energy targets.
    • Technological Advancements and Innovation: Private firms may bring innovative technologies and practices that can enhance efficiency and safety in nuclear operations. Collaborations could also foster research and development in areas such as Small Modular Reactors (SMRs), which offer potential cost savings and reduced construction times.
    • Alignment with National Energy Goals: The investment aligns with India’s goal to achieve 50% non-fossil fuel-based electricity generation by 2030, aiding in the transition towards cleaner energy sources.
    • Reduction in Carbon Emissions: Nuclear energy is a non-carbon-emitting source, which can significantly reduce greenhouse gas emissions. By ramping up, India can move closer to its goal of achieving 50% non-fossil fuel-based electricity generation by 2030.
    • Conservation of Natural Resources: Nuclear power plants require less land per unit of electricity generated compared to solar or wind farms. This efficiency can help conserve land resources and minimize habitat disruption, particularly in densely populated regions.

    How will the operational framework be structured between private companies and NPCIL?

    • Roles and Responsibilities: Private Companies will be responsible for making investments in nuclear plants, acquiring necessary land and water resources, and undertaking construction activities outside the reactor complex.
      • The rights to build, operate, and manage the nuclear stations, including fuel management, will remain with NPCIL as per existing legal provisions.
    • Revenue Generation: Private companies are expected to generate revenue from electricity sales once the plants are operational. This model allows private entities to benefit financially.
    • Hybrid Model: This model aims to accelerate nuclear capacity expansion without requiring amendments to the Atomic Energy Act of 1962, although it does require final approval from the Department of Atomic Energy.
    • Regulatory Compliance: The Atomic Energy Regulatory Board (AERB) will oversee safety and regulatory processes, maintaining stringent standards throughout construction and operation.
    • Public-Private Partnerships: There is potential for forming public-private partnerships where NPCIL or a similar government body retains majority ownership (51%) of nuclear plants.

    What challenges and regulatory considerations must be addressed for successful implementation?

    • Safety and Environmental Concerns: There is significant public concern regarding the safety of nuclear power plants, as evidenced by protests against facilities like Kudankulam.
      • Increasing the frequency of inspections and enhancing emergency response protocols are recommended to ensure that safety standards are met consistently across all facilities.
    • Investment Conditions and Restrictions: Current policies restrict direct foreign investment in nuclear energy, allowing only limited participation in equipment manufacturing.
    • Infrastructure and Technological Development: The capital-intensive nature of nuclear projects requires a highly skilled workforce. Investments in training and capacity-building will be critical to ensure operational efficiency and safety.
    • Lack of Institutional Independence: The AERB currently lacks sufficient independence, as it operates under the Department of Atomic Energy (DAE).
      • Secondly, the Atomic Energy Act of 1962 restricts private sector involvement in nuclear energy, granting the government exclusive rights to produce and manage nuclear power.
    • Legal Uncertainties: The existence of the Civil Liability for Nuclear Damage Act (CLNDA) framework poses risks for investors, as the government retains the right to novate contracts related to nuclear operations.

    How can India address these challenges?

    • Legislative Reforms: The government should amend existing legislation to formally establish the AERB as an independent statutory authority, ensuring that regulatory decisions are made based on safety and technical considerations rather than political or administrative pressures.
    • Establishment of a New Regulatory Authority: Reviving the Nuclear Safety Regulatory Authority Bill, to issue safety policies and regulations without interference from the DAE, thereby enhancing its credibility and operational effectiveness.
    • Establishing a governance structure where the regulatory body operates independently would reduce conflicts of interest and improve regulatory oversight.
    • Enhanced Oversight Mechanisms: Increasing parliamentary oversight over the AERB’s operations can enhance accountability. Unlike executive orders, which have limited scrutiny, statutory authorities are subject to more rigorous checks, including judicial inquiries for member removals, which can bolster independence.
    • Adoption of Global Standards: Aligning with international best practices and standards set by organizations like the International Atomic Energy Agency (IAEA) can help strengthen regulatory frameworks. 
  • Nanjangud Rasabale Banana

    Why in the News?

    The “Nanjangud Rasabale banana” has been revived after a drastic decline in cultivation, despite receiving Geographical Indication (GI) certification in 2006 for its unique taste and aroma.

    About Nanjangud Rasabale Banana

    Details
    Origin Devarasanahalli village near Nanjangud, Mysore district, Karnataka
    Unique Features
    • Unique taste, aroma, small size, buttery soft texture
    • 5-8 cm in length, 2-3 cm in diameter
    Cultivation
    • In 2006-07, 180 farmers cultivated on 100 hectares; dropped to 15 farmers on 10 hectares by 2019-20.
    • By the end of 2023-24, 200 farmers cultivating on 75 hectares.
    Soil  Black saline alluvial soil along the banks of the Kapila River
    Significance Popular in traditional festivals, religious ceremonies, and Kannada literature
    Cultural Reference Mentioned in Kayyar Kinhanna Rai’s poem, a notable Kannada literary work
    Challenges Decline in quality due to heavy use of chemical fertilizers
    Economic Impact Significant for local farmers, high demand due to limited availability

     

    PYQ:

    [2016] Recently, our scientists have discovered a new and distinct species of banana plant which attains a height of about 11 metres and has orange coloured fruit pulp. In which part of India has it been discovered?

    (a) Andaman Islands

    (b) Anaimalai Forests

    (c) Maikala Hills

    (d) Tropical rain forests of northeast

  • [pib] WAVES Anime & Manga Contest

    Why in the News?

    In an effort to promote anime and manga culture in India, the Ministry of Information & Broadcasting has launched the WAVES Anime & Manga Contest (WAM!).

    About the WAVES Anime & Manga Contest

    • The WAM! is an innovative initiative launched by the Ministry of Information & Broadcasting in collaboration with the Media & Entertainment Association of India (MEAI).
    • The contest is part of Create in India Challenge and is aimed at nurturing local creative talent in anime and manga production.
    • It provides a unique platform for Indian creators to produce localized versions of Japanese art styles, targeting both domestic and global audiences.
    • The contest offers marketing support and opportunities for global recognition, helping creators showcase their talent in manga, webtoon, and anime.

    WAM! features 3 key categories:

    1. Manga (Japanese style comics): Individual participation for both students and professionals.
    2. Webtoon (Vertical comics for digital mediums): Individual participation for students and professionals.
    3. Anime (Japanese style animation): Team participation (up to 4 members) for students and professionals.

     

    About the Create in India Challenge

    • The Create in India Challenge aligns with Prime Ministers vision of Design in India, Design for the World”, emphasizing the development of creative industries in India.
    • It is part of the broader effort to make India a global hub for design, innovation, and creative production.
    • It is a precursor to the WAVES Summit, a large-scale event aimed at promoting creativity and technology in media and entertainment.

    PYQ:

    [2014] Though 100 percent FDI is already allowed in non-news media like a trade publication and general entertainment channel, the government is mulling over the proposal for increased FDI in news media for quite some time. What difference would an increase in FDI make? Critically evaluate the pros and cons.

  • [pib] 10 Years of Make in India

    Why in the News?

    It has been 10 years since the announcement of “Make in India” Programme on September 25 in the year 2014.

    About the Make in India Programme:

    Details
    Led by Department for Promotion of Industry and Internal Trade (DPIIT), Ministry of Commerce & Industry
    Objective To transform India into a global manufacturing and investment hub
    Key Focus Areas Attract foreign investment, promote industrialization, export-led growth
    Make in India 2.0 Sectors Covers 27 sectors, including strategic manufacturing and services
    GDP Target (Manufacturing) Increase manufacturing share in GDP from 16% to 25% by 2022
    Job Creation Target 10 crore additional jobs by 2022
    Manufacturing Growth Target 12-14% annual growth in the manufacturing sector
    Four Pillars
    • Focus on Ease of Doing Business, de-licensing, and de-regulation of industries
    • Develop industrial corridors, strengthen existing infrastructure, fast-track registration
    • 27 sectors including manufacturing, infrastructure, and services
    • Government as a facilitator, partnering with industries for economic development

    Success of the Project

    • India is now the second-largest mobile phone producer globally.
    • The PLI Schemes have attracted ₹1.97 lakh crore in investment across 14 key sectors, generating 8 lakh jobs.
    • The PM GatiShakti initiative has improved logistics and transport connectivity, while India received $667.41 billion in FDI from 2014-2024.
    • Indigenous projects like INS Vikrant and Vande Bharat Trains have showcased India’s growth in manufacturing.
    • India improved its Ease of Doing Business ranking, moving from 142nd to 63rd.
    • Limitations:
      • The share of manufacturing in GDP has remained flat at 17.3% in 2023-24, the same level as in 2013-14, despite rising briefly to 18.5% in 2021-22.
      • Employment has declined, with manufacturing’s share in total employment falling from 11.6% in 2013-14 to 10.6% in 2022-23.
      • India’s share in global exports grew from 1% in 2005-06 to 1.6% by 2015-16, but only increased marginally to 1.8% by 2022-23.
      • Additionally, imports as a share of GDP have risen back to 25% in 2023-24, similar to 27% in 2013-14, after a dip to 21.2% in 2020-21 during the pandemic.

    PYQ:

    [2017] “Industrial growth rate has lagged behind in the overall growth of Gross-Domestic-Product (GDP) in the post-reform period.” Give reasons. How far are the recent changes in Industrial-Policy capable of increasing the industrial growth rate?

  • Navigating cross-border insolvency

    Why in the News?

    It is essential to incorporate the significance of insolvency laws into global trade discussions through both multilateral and bilateral channels.

    What are the key challenges in managing cross-border insolvency cases?

    • Jurisdictional Conflicts: Difficulty in determining which country’s courts have jurisdiction over insolvency proceedings, especially when a company has assets and creditors in multiple countries.
    • Recognition of Foreign Proceedings: Some countries may not recognize foreign insolvency proceedings, leading to inconsistent outcomes.
    • Coordination Issues: Lack of cooperation between courts and administrators in different countries can complicate the resolution of cross-border insolvency cases.
    • Legal and Cultural Differences: Variations in legal systems, insolvency laws, and business practices across countries make harmonization challenging.
    • Enforcement of Judgments: Difficulty in enforcing insolvency-related judgments or agreements across different jurisdictions.

    How does the Insolvency and Bankruptcy Code (IBC) address cross-border insolvency in India?

    • Limited Provisions: The IBC, 2016, has provisions for handling cross-border insolvency on a case-by-case basis through bilateral agreements, but it lacks a comprehensive framework.
    • Bilateral Arrangements: India’s approach currently relies on ad hoc bilateral agreements to manage cross-border insolvency cases, making the process fragmented and less efficient.
    • No Adoption of the UNCITRAL Model Law: Despite several recommendations by committees, India has yet to adopt the UNCITRAL Model Law on Cross-Border Insolvency, which would provide a more standardized and efficient resolution mechanism.

    What international frameworks exist to facilitate cross-border insolvency resolutions?

    • UNCITRAL Model Law on Cross-Border Insolvency (1997): A widely recognized framework designed to facilitate cooperation between courts and administrators in different countries.
      • It operates on four pillars: access, recognition, cooperation, and coordination. It has been adopted by over 60 countries.
    • EU Insolvency Regulation: Provides a framework for handling insolvency within EU member states, facilitating the recognition of insolvency proceedings across borders within the EU.
    • NAFTA/US-Mexico-Canada Agreement (USMCA): Includes provisions for resolving insolvencies with cross-border implications between member countries.
    • Bilateral and Multilateral Trade Agreements: Some international agreements include limited provisions on cross-border insolvency, though most focus on general trade and dispute resolution, leaving a gap in addressing insolvency directly.

    Way forward: 

    • Adopt the UNCITRAL Model Law: India should expedite the adoption of the UNCITRAL Model Law on Cross-Border Insolvency to establish a standardized framework, improving cooperation, recognition, and legal certainty in international insolvency cases.
    • Integrate Cross-Border Insolvency in Trade Agreements: India should incorporate cross-border insolvency provisions in Free Trade Agreements (FTAs) and Comprehensive Economic Partnership Agreements (CEPAs) to ensure seamless insolvency resolution in international trade.