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  • Port Infrastructure and Shipping Industry – Sagarmala Project, SDC, CEZ, etc.

    Shipping sector in india

    Note4Students

    From UPSC perspective, the following things are important:

    Prelims level: Sagarmala

    Mains level: Paper 3- India's shipping industry and challenges

    The article deals with the problems faced by India’s shipping sector and suggests the measures to improve the shipping sector.

    Importance of shipping for economic growth

    • The major economies of the world have always realized the potential of shipping as a contributor to economic growth.
    • For instance, control of the seas is a key component of China’s Belt and Road Initiative (BRI).
    • However, geographically, China is not as blessed as India, yet, seven of the top 10 container ports in the world are in China, according to the World Shipping Council.
    • What aided China’s growth are strong merchant marine and infrastructure to carry and handle merchandise all over the world.

    Lack of carrying capacity

    • All the shipping infrastructure in peninsular India only helps foreign shipping liners.
    • India has concentrated only on short-term solutions.
    • Foreign ship owners carry our inbound and outbound cargo. This is the case in container shipping too.
    • As a country, we have still not optimized our carrying capacity. 
    • Much of foreign currency is drained as transshipment and handling costs every day.
    • Due to this, members of our maritime business community have also preferred to be agents for foreign ship owners or container liners rather than becoming ship owners or container liners themselves.
    • As a result, there is a wide gap between carrying capacity and multi-folded cargo growth in the country.

    Way forward

    1) Regional cargo-specific ports

    • Instead of creating regional cargo-specific ports in peninsular India, we allowed similar infrastructural developments in multiple cargo-handling ports.
    • As a result, Indian ports compete for the same cargo.
    • We need to make our major ports cargo-specific, develop infrastructure on a par with global standards, and connect them with the hinterlands as well as international sea routes, they will automatically become transshipment hubs.
    • We need to only concentrate on developing the contributing ports to serve the regional transshipment hubs for which improving small-ship coastal operations is mandatory.

    2) Sagarmala

    • Sagarmala aims are port-led industrialization, development of world-class logistics institutions, and coastal community development.
    • Sagarmala will help in increasing domestic carrying capacity.
    • Shipbuilding, repair, and ownership are not preferred businesses in India and the small ship-owning community in India also prefer foreign registry instead of domestic registration.
    • If this has to change, there needs to be a change in the mindset of the authorities and the maritime business community.
    • ‘Make in India’ will result in multi-folded cargo growth in the country, we need ships to cater to domestic and international trade.
    • Short sea and river voyages should be encouraged.
    • Shipbuilding and owning should be encouraged by the Ministry.
    • The National Shipping Board is an independent advisory body for the Ministry of Shipping, where the Directorate General of Shipping (DGS) is a member.
    • The NSB should be able to question the functioning of the DGS, which is responsible for promoting carrying capacity in the country.
    • Coastal communities should be made ship owners.
    • This will initiate the carriage of cargo by shallow drafted small ships through coast and inland waterways.
    • Sagarmala should concentrate on consolidating the strength of the coastal youth and make them contribute to the nation’s economy with pride.

    Consider the question “How shipping contributes to the economic prosperity of a country? Suggest the steps need to be taken to develop its shipping sector.”

    Conclusion

    Shipping plays an important role in the economic development of a country. India needs to focus on developing it to achieve the economic prosperity.

  • RBI Notifications

    The formidable challenge of reversing a liquidity glut

    Note4Students

    From UPSC perspective, the following things are important:

    Prelims level: Monetary policy measures

    Mains level: Paper 3- Dealing with the excess liquidity

    The article highlights the challenge in dealing with the excess liquidity in the economy after the central banks injected liquidity by persuing unorthodox policies.

    Overview of policies adopted during 2008 financial crisis

    • Days after the crash of Lehman Brothers, the United States Congress approved an emergency bailout package of $700 billion in September 2008.
    • The amount was used to buy off mortgage-backed securities from banks, hedge funds and pension funds to avert further Lehman-type bankruptcies.
    • As a result, fresh money was injected into the banking system for it to resume normal credit operations and clean up balance sheets.
    • Subsequent actions of the US government and Federal Reserve blurred the distinction between fiscal and monetary policy.
    • ‘Quantitative easing’  was a term coined to describe unorthodox measures like a central bank buying off mortgages and loans, and thus taking credit risk onto its balance sheet.
    • So, quantitative easing was pursued by all the major central banks of the developed world.
    • Central banks embarked upon an aggressive money-printing spree. Assets on their books ballooned.

    Monetary response during pandemic subsequent liquidity glut

    • During the pandemic year more than a decade after the 2008 crisis, the West’s monetary spigots have been opened even more.
    • A liquidity glut has ensued.
    • While the rate of monetary expansion over this period has been healthy, neither employment nor economic output grew by even a fraction of that rate.
    • Central bank finds itself in the maze.

    RBI in a similar situation

    • The Reserve Bank of India (RBI) too finds itself in a similar predicament, where the way out of its liquidity glut is hazy.
    • Due to purchases of foreign exchange externally and of government bonds domestically, RBI’s balance sheet has ballooned by more 30% by August last year.
    • RBI has injected liquidity through long-term repo operations, which essentially provide long-term money at low overnight rates.
    • The Indian central bank has also provided implicit liquidity support to mutual funds.
    • However, the RBI has not quite ventured into taking credit risk onto its books, nor has it signalled a readiness to buy toxic assets.

    Liquidity glut and challenges associated with it

    • As a result of India’s liquidity glut, money is flowing in and out of the central bank to the tune of 7 trillion on a daily basis.
    • This has resulted in an anomaly: market lending rates have gone below RBI’s reverse repo rate, which is supposed to be the de facto floor.
    • Cheap money encourages to do foolish and risky things, which, if done widely and voluminously enough, can spell disaster for financial stability.
    • But, any hint of reducing the rate of money expansion threatens to cause panic and burst the bubble it blew.
    • So, when RBI tentatively tried to move market rates higher by announcing a reverse repo auction,the market reaction was one of panic all the same, and there was a spike in interest rates.
    • This caused the central bank to rethink its strategy.
    • To calm nervous bond traders, the governor has categorically said that liquidity support will continue as long as necessary.

    Way forward

    •  We need to plan an exit from the current glut.
    • One way out could be loan 5 trillion to the central government against shares of public sector undertakings, at a low rate of 3% for a period of five years to fund its huge deficit.
    • That will bypass markets and not cause any disruption to interest rates.

    Consider the question “Why the challenges posed by liquidity glut caused by the unorthodox policies adopted by the central bank in the aftermath of the pandemic? What are the challenges in reducing the liquidity?” 

    Conclusion

    Whatever the way out of this whirlpool of liquidity, it’s not going to be easy.

  • Agricultural Sector and Marketing Reforms – eNAM, Model APMC Act, Eco Survey Reco, etc.

    Agriculture credit

    Note4Students

    From UPSC perspective, the following things are important:

    Prelims level: Agriculture Census

    Mains level: Paper 3- Exclusion of small and marginal farmers from agri-credit

    India’s agriculture credit increased by 500% in the last decade, however, this increase in the credit has not been reflected in the condition of the farmers. The article deals with the issues with the agri-credit in India.

    Impact of credit on agriculture

    • Providing credit to small farmers at a reasonable rate has been the agenda of the Centre, the States, and the Reserve Bank of India (RBI) for decades.
    • However, the volume of credit has improved over the decades, its quality and impact on agriculture have only deteriorated.
    • In 2011-12, the target was ₹4.75-lakh crore; now, agri-credit has reached the target of ₹15-lakh crore in 2020-21 with an allocated subsidy of ₹21,175 crores.
    • Agricultural credit has become less efficient in delivering agricultural growth.

    Issues with agri-credit: small farmers left-out

    • In the last 10 years, agriculture credit increased by 500% but has not reached even 20% of the 12.56 crore small and marginal farmers.
    •  95% of tractors and other agri-implements sold in the country are being financed by non-banking financial companies, or NBFCs, at an 18% rate of interest.
    • The RBI has also questioned agricultural households with up to two hectares getting only about 15% of the subsidized outstanding loan from institutional sources (bank, co-operative society).
    •  As per the Agriculture Census, 2015-16, the total number of small and marginal farmers’ households in the country stood at 12.56 crore which makes up 86.1% of the total holdings.
    • As in the Situation Assessment Survey of Agricultural Households by the National Sample Survey Office (NSSO), the share of institutional loans rises with an increase in land possessed.
    • This shows that the bulk of subsidized agri-credit is grabbed by big farmers and agri-business companies.

    What are the reasons

    • A loose definition of agri-credit has led to the leakage of loans at subsidized rates to large companies in agri-business.
    • The RBI had set a cap that out of a bank’s overall adjusted net bank credit, 18% must go to the agriculture sector, and within this, 8% must go to small and marginal farmers and 4.5% for indirect loans, bank advances routinely breach the limit.
    • A review by the RBI’s internal working group in 2019 found that in some States, credit disbursal to the farm sector was higher than their agriculture gross domestic product (GDP) and the ratio of crop loans disbursed to input requirement was very unevenly distributed.
    •  This shows the diversion of credit for non-agriculture purposes.
    • One reason for this diversion is that subsidized credit disbursed at a 4%-7% rate of interest is being refinanced to small farmers, and in the open market at a rate of interest of up to 36%.

    Way forward

    • The way forward is to empower small and marginal farmers by ‘giving them direct income support on a per hectare basis rather than hugely subsidizing credit.
    • Streamlining the agri-credit system to facilitate higher crop loans to farmer producer organizations, or the FPOs of small farmers against commodity stocks can be a win-win model to spur agriculture growth’.
    • With mobile phone penetration among agricultural households in India being as high as 89.1%, efforts to improve institutional credit delivery through technology-driven solutions can reduce the extent of the financial exclusion of agricultural households
    • There is a need to reforming the land leasing framework and creating a national-level agency to build consensus among States and the Centre concerning agriculture credit reforms.

    Consider the question “Growth in the agriculture sector in India has not been commensurate with the growth in the agriculture credit. What are the reasons for this disparity? Suggest the measures to deal with the challenges in agri-credit delivery.”

    Conclusion

    Improving the access to credit at a reasonable rate will help in increasing their income but to do that reforms in credit delivery is the need of the hour.

  • Right To Privacy

    New WhatsApp Privacy Policy

    Note4Students

    From UPSC perspective, the following things are important:

    Prelims level: The principle of purpose limitation

    Mains level: Paper 2- WhatsApp privacy policy update and issue of privacy

    Privacy policy update by the WhatsApp recently led to widespread protest from the user forcing company to put the update on hold. If India had made Personal Protection Bill into the law, the privacy policy update would have been illegal. The article deals with this issue.

    About WhatsApp

    • WhatsApp’s unique blend of text, audio, and voice messaging and calling platform.
    • In November 2014, WhatsApp adopted the Signal protocol for end-to-end encryption after its acquisition by Facebook.
    • WhatsApp has two billion users worldwide, of which 400 million are in India, the largest in any country.

    What the privacy policy update is about

    • The updated policy seeks consent from users to allow the platform to share their data with Facebook and its companies,
    • It means that WhatsApp would share transaction data, mobile device information, IP addresses, and other metadata on how users interact with businesses on WhatsApp.
    • Such sharing would be done with the user being notified before the start of a chat if the business uses Facebook to store and analyze data and the user would have the option of blocking the business.
    • The update would defy the principle of purpose limitation that has been the yardstick of addressing privacy concerns at a global level.

    What is the principle of purpose limitation

    • The Indian government has also sent a strong note to WhatsApp, seeking the company’s response to 14 queries.
    • This note has sent a clear message to WhatsApp to not subject Indian users to greater information security risks and vulnerabilities with the consolidation of data from WhatsApp and Facebook.
    • In the note, the government referred to the principle of purpose limitation provisions in the Personal Data Protection Bill (PDPB) currently being discussed by a joint select committee.
    • Had the bill been passed by now, WhatsApp’s move would have been illegal.
    • Provisions in the bill required that every data intermediary has to take explicit permission from the user whose data would be harvested.
    • Even the method of data classification into sensitive personal data and critical data has been defined and their processing possibilities mentioned in the bill.

    Way forward

    • The government should make the Personal Data Protection Bill into law so that such restrictive practices can never be introduced in the first place.
    • It is due to such law, WhatsApp did make an exception for its users in the European Union.
    • The Competition Commission of India should take note that this is a classic case of an organization using its near-monopolistic power to push through something that is not in the consumer interest.

    Consider the question “What is the principle of purpose limitation in the Personal Data Protection Bill? How it can help user protect its privacy?”

    Conclusion

    As Digital India expands and brings in more users from the current base of 70 crores, and more take to social media for communications and business, they must be ensured a safer digital space, given that most wouldn’t be aware of the reach of the data being generated.

  • A new framework around caste and the census

    Note4Students

    From UPSC perspective, the following things are important:

    Prelims level: Difference between SECC and Census

    Mains level: Paper 2- SECC and Census data

    The article suggests the ways to make the most of the data collected through Census and the SECC.

    Census and issues with it

    • The synchronous decennial Census has evolved over time and has been used by the government, policymakers, academics, and others.
    • Though Census is both a data collection effort and a technique of governance, it is criticized for not being useful enough for a detailed and comprehensive understanding of a complex society.
    •  There is a lack of depth in the Census where some issues are concerned.

    The debate around full-scale Caste Census

    • Since Independence, aggregated Census data on the Scheduled Castes and Scheduled Tribes on certain parameters such as education have been collected.
    • There is a growing demand for a full-scale caste census to capture contemporary Indian society and to understand and remedy inequalities.
    • While others believe that this large administrative exercise of capturing caste and its complexities is not only difficult but also socially untenable.
    • There have been concerns that counting caste may help solidify or harden identities, or that caste may be context-specific, and thus difficult to measure.
    • The other concern is whether an institution such as a caste can even be captured completely by the Census.

    Socio-Economic Caste Census: how it is different from Census

    • Following debate over full-scale caste census, the Socio-Economic and Caste Census (SECC) was conducted in 2011.
    • The SECC, which collected the first figures on caste in Census operations since 1931, is the largest exercise of the enumeration of caste.
    • Questions remain on whether the SECC is able to cover the effects of caste as an aspect of Indian social structure.
    • This was a distinct exercise from the Census of 2011.
    • The Census and the SECC have different purposes.
    • Since the Census falls under the Census Act of 1948, all data are considered confidential, whereas the SECC data is open for use by Government departments to grant and/or restrict benefits to households.
    • The Census thus provides a portrait of the Indian population, while the SECC is a tool to identify beneficiaries of state support.

    Way forward

    • What is needed is a discussion on the caste data that already exists, how it has been used and understood by the government.
    • Linking and syncing aggregated Census data to other large datasets such as the National Sample Surveys or the National Family Health Surveys that cover issues that the Census exercises do not, such as maternal health, would be significant for a more comprehensive analysis.
    • This linking of the Census with the National Sample Survey data has been suggested in the past by scholars such as Mamta Murthi and colleagues.
    • Census operations across the world are going through significant changes, employing methods that are precise, faster, and cost-effective, involving coordination between different data sources.
    • Care must however be taken to ensure that digital alternatives and linking of data sources involving Census operations are inclusive and non-discriminatory, especially given the sensitive nature of the data being collected.
    • Delay in the release of data needs to be reduced.
    • There needs to be a closer and continuous engagement between functionaries of the Census and SECC, along with academics and other stakeholders concerned.

    Consider the question “How Socio-Economic and Caste Census is different from the Census? How linking and syncing of  these data with other databases could help in the governance?”

    Conclusion

    Data collected through both the exercises serve an important purpose in the governance of the country, however, there is scope to widen the use of data if the steps suggested here are implemented.

  • Important Judgements In News

    Defending liberty against selective prosecution

    Note4Students

    From UPSC perspective, the following things are important:

    Prelims level: Article 14 and selection of prosecution

    Mains level: Paper 2- Selective prosecution and its impact on personal liberty

    The article examines the issue of selective prosecution and Indian judiciary’s approach toward it. It also highlights the importance of recent Goswami case.

    Selective prosecution: Form of abuse of state power

    • Recently the case involving bail application of a T.V. anchor brought to the fore issue of selective prosecution.
    • The illegal selection of accused based on grounds prohibited by the Constitution is called “selective prosecution”.
    • In case of selective prosecution, the police and enforcement agencies selectively target political and ideological opponents of the ruling dispensation to interrogate, humiliate, harass, arrest, torture and imprison.
    • It is one of the oldest, most pernicious and widespread forms of abuse of state power.

    How it is illegal: Two independent legal issues

    1) Exercise of prosecutorial discretion

    • The applicable legal standard is that while the police and prosecutors in common law jurisdictions enjoy vast discretion in deciding who they may pursue and who they may spare.
    • However, the choice of accused must not be based on grounds that violate Constitutional rights, including the Article 14 right to equal protection of the law.
    • The accused should not be selected, either explicitly or covertly, on constitutionally prohibited grounds.

    2) Merit of the case filed

    • When the choice of accused runs contrary to the Constitution, the entire criminal proceeding is vitiated, irrespective of the determination of the second issue, viz., whether the accused are convicted or acquitted on the charges brought against them.
    • Once the proceedings fail under the first issue, there is no legal basis to proceed to the second issue., i.e., trial on the merits of the case.
    • The theory is that the Constitution cannot be violated to uphold the law — such an approach would spell doom for the Constitution.
    • The selective prosecution claim must be adjudicated as a threshold issue, with the prosecution being quashed at the outset of the criminal case if the claim is justified.
    • In the context of this discussion, the constitutionally prohibited ground we are confronting in India is the political or ideological affiliation of the accused.
    • It is an arbitrary ground that violates the Article 14 guarantee of equal protection of the law.

    Approach of judiciary

    • Our courts have not recognised selective prosecution as an independent claim.
    • This is because courts assume that lawfulness of prosecution can only be taken up after the trial, if the accused is acquitted.
    • The 2018 Report of the Law Commission on ‘Wrongful Prosecution (Miscarriage of Justice): Legal Remedies’ discusses remedies for wrongful prosecution available only if and after the accused is acquitted.
    • Remedy after acquittal comes far too late, well after a brutal and long drawn out criminal justice process that upends the lives of the victims.
    • Also, the right against selective prosecution cannot be extinguished by conviction.
    • Separate from post-acquittal actions for wrongful prosecution (which will still be available), the claim of selective prosecution is a threshold issue that is required to be adjudicated at the outset of criminal proceedings even during the investigation stage irrespective of the merit of the charges.

    Importance of Goswami case

    • The case provides a much needed and long awaited legal opening to strengthen the recognition and use of the selective prosecution claim in India to counter politically coloured prosecution.
    • The judgment says, “Courts should be alive to the needof ensuring that the law does not become a ruse for targeted harassment ”.
    • The Goswami judgment also quotes the 2018 Supreme Court holding in Romila Thapar v. Union of India that, “[T]he basic entitlement of every citizen who is faced with allegations of criminal wrongdoing is that the investigative process should be fair. This is an integral component of the guarantee against arbitrariness under Article 14 and of the right to life and personal liberty under Article 21.”

    Consider the question “How selective prosecution could threten the liberty of person? How Indian judiciary approaches the issue of selective prosecution and what are the issue with the approach adopted by the judiciary?”

    Conclusion

    To strengthen the protection of civil liberty, equality and democracy, it is time our courts — at all levels — recognise selective prosecution as a threshold constitutional defence against the abuse of police and prosecutorial power.

  • Minimum Support Prices for Agricultural Produce

    Getting it wrong on India’s level of agricultural support

    Note4Students

    From UPSC perspective, the following things are important:

    Prelims level: OECD

    Mains level: Paper 3- Issue of negative support given to farmers as per OECD methodoloy

    As per the OECD methodology, Indian farmers received negative support of Rs. 1.62-lakh crore in 2019, which implies that the government is taxing the farmers. But there are pitfalls in the methodology. The article explaines them.

    The issue of support given to the farmers

    • Many media reports, based on data by the Organisation for Economic Co-operation and Development (OECD), have stated that the support provided to Indian agriculture is extremely low or negative, and, therefore, net taxed.
    • The OECD has estimated that Indian farmers received negative support to the extent of minus ₹2.36-lakh crore and minus ₹1.62-lakh crore in 2010 and 2019, respectively.
    • Surprisingly, the negative support of minus ₹1.62-lakh crore as estimated by the OECD was higher than the total budgetary allocation of the Ministry of Agriculture at ₹1.09-lakh crore in 2019.

    Issues with the OECD estimates

    • Expenditure on the PM-KISAN, the National Food Security Mission, crop insurance, input subsidies such as fertilizer and electricity, are some of the measures covered under the 2019 OECD estimates.
    • However, the expenditure related to the operation of minimum support price and general services is not covered by it.
    • Despite the overall negative support, the expenditure of the Central and State governments on agriculture has increased substantially since 2000.
    • This support increased from ₹1.61-lakh crore to ₹3-lakh crore, between 2015 to 2019, registering 85% growth.
    • The massive negative market price support to the producers of different products has resulted in the total negative producer support, overshadowing the increase in the budgetary support over the years.

    Market Price Support as per OECD methodology

    • The market price support of a commodity is calculated by multiplying its total production with the gap between the domestic price and international prices in a relevant year.
    • This methodology assumes that in case there is no government intervention in the agriculture market, then the domestic and international price of a product will converge, resulting in no gap in prices.

    Why there is a focus on the price gap in OECD methodology

    • The OECD assumes government interventions lead to a gap between the international and domestic prices.
    • However, even if the government does not implement any program, the gap can still arise due to domestic and international factors.
    • Changes in supply and demand conditions in the domestic and international market due to shocks, depressed international prices due to subsidies given by other countries, among other factors, can generate a gap.

    3 Consequence of OECD’s Market Price Support methodology

    • 1) If the domestic price for a product is less than its international price, then support for that product would be negative.
    • 2) A negative market price support for a product in one year can turn into huge positive support in another year on account of the relative movement of domestic and international prices.
    • 3) Even if in a particular year, the government does not provide any additional support compared to a previous year, the level of support calculated by the OECD can change.
    • This will arise if there is a change in either the gap between the domestic price and international price for a commodity, or its production, in the two years.
    • Given the unpredictability in the inherent data, the total support can move from huge negative to huge positive.

    Concerns for India

    • For India, the negative support as a percentage of the total value of agriculture production has substantially reduced in recent years.
    • It is possible that support to Indian farmers in the near future becomes one of the highest in the world due to pitfalls in the OECD methodology.
    • This might set alarm bells ringing, particularly in the developed countries, which may aggressively question India’s support measures.

    Consider the question “As per the OECD methodology, net support provided by Indian government to its farmers is negative for the year 2019. However, India’s expenditure on agriculture is consistently rising. What explains this conundrum? What are the concerns for India in the price support method of OECD?”

    Conclusion

    Rather than being swayed by the OECD numbers suggesting negative support, farmers, policymakers, and other stakeholders need to understand the pitfalls and limitations in the underlying methodology. This will help in providing a more correct perception of the level of support to agriculture in India.

  • Policy Wise: India’s Power Sector

    True empowerment of the electricity consumer

    Note4Students

    From UPSC perspective, the following things are important:

    Prelims level: SERC

    Mains level: Paper 3- The Electricity (Rights of Consumers) Rules, 2020

    The article examines the various provisions of the Electricity (Rights of Consumers) Rules, 2020 and analyses whether or not these Rules will empower the consumers. 

    Empowering electricity consumers

    • The Electricity (Rights of Consumers) Rules, 2020 was promulgated in December to deal with the problems faced by the consumers.
    • The enactment of consumer-centric rules does spark public debate that brings the rights of consumers to the fore.
    • the Rules lay an emphasis on national minimum standards for the performance parameters of DISCOMs. without urban-rural distinction.
    • They also reiterate the need for automatically compensating consumers.

    Let’s analyse the changes introduced by the new Rule and issues with them

    Supply quality issue

    • Many States have not been able to provide quality supply, especially to rural and small electricity consumers.
    • Provisions similar to made in the new Rule already exist in the Standards of Performance (SoP) regulations of various State Electricity Regulatory Commissions (SERCs).
    • It is not because of a lack of rules or regulations that quality supply is not provided; rather, it is on account of a lack of accountability systems to enforce them.
    • Unfortunately, neither these rules nor past efforts address these accountability concerns.
    • Guarantee of round the clock supply is a provision that the Rules emphasise, which might be missing in State regulations.
    • It is difficult to enforce since the availability of power supply is inadequately monitored even at 11 kV feeders, let alone at the consumer location.
    • This highlights not only the need for implementation of existing provisions in letter and spirit but also amending them with strong accountability provisions.

    Weakening of existing provision

    • The Rules, in few cases, dilute progressive mechanisms that exist in State regulations.
    • For example, the Rules say that faulty meters should be tested within 30 days of receipt of a complaint.
    • Compared to this, regulations t in Andhra Pradesh, Bihar, and Madhya Pradesh, respectively, say that such testing needs to be conducted within seven days.
    • A similar observation can be drawn from the suggested composition of the Consumer Grievance Redressal Forum. 
    •  The Rules say that the forum — constituted to remedy complaints against DISCOMs should be headed by a senior officer of the company.
    • This is a regressive provision that would reduce the number of cases that are decided in favour of consumers.

    Lack of clarity on net-metering

    • The Rules guarantee net metering for a solar rooftop unit less than 10 kW.
    • However, there is no clarity if those above 10 kW can also avail net metering.
    • This could lead to a change in regulations in many States based on their own interpretations.
    •  The possible litigation that follows would be detrimental to investments in rooftop solar units, and would discourage medium and large consumers to opt for an environment-friendly, cost-effective option.

    Way forward

    • SERCs should assess the SoP reports of DISCOMs and revise their regulations more frequently.
    • SERCs should organise public processes to help consumers raise their concerns.
    • DISCOMs could be directed to ensure automatic metering at least at the 11 kV feeder level, making this data available online.
    • The Forum of Regulators — a central collective of SERCs — could come up with updated model SoP regulations.
    • Central agencies have taken proactive efforts to ensure regular tariff revision.
    • They could also support independent surveys and nudge State agencies to enforce existing SoP regulations.
    • The central government could disburse funds for financial assistance programmes based on audited SoP reports.

    Consider the question”What are the problems faced by the electricity consumers in India? Will the Electricity (Rights of Consumers) Rules, 2020 help consumers to deal with the existing issues?”

    Conclusion

    The governments, DISCOMs and regulators need to work jointly and demonstrate the commitment and the will power to implement existing regulations. It is not yet late to recognise this and initiate concerted efforts to truly empower consumers.

  • Tax Reforms

    Digital Service Tax could be an interim solution to cyber tax conundrum

    Note4Students

    From UPSC perspective, the following things are important:

    Prelims level: Equalisation levy

    Mains level: Paper 3- Digital Service Tax as an interim solution to the challenge of taxing digital companies doing business internationally

    Business models of digital companies challenge the conventional basis of taxation in which the fixed place of business formed the basis. Digital Service Tax could provide a basis to deal with the challenge. The article deals with this issue.

    Equalisation levy and issues with it

    • Equalisation levy seeks to tax payments made for online advertising services to a non-resident business by residents in India.
    • India is amongst the first to have implemented such levy.
    • It is predominantly applicable to US companies since the market for digital services is dominated by US-based firms.
    • Any company that has a permanent residence in India is excluded since it is already subject to tax in India.
    •  In March 2020, India expanded the scope of the existing equalisation levy to a range of digital services that includes e-commerce platforms.
    • Such levy can result in over-taxation since the company will not be able to claim any credit for tax paid on Indian sales.
    • Such an approach is often viewed as contrary to the ethos of international agreements.

    Issue of taxation of digital companies

    • The agenda to reform international tax law so that digital companies are taxed where economic activities are carried out was formally framed within the OECD’s base erosion and profit shifting programme.
    • Worried they might cede their right to tax incomes, many countries have either proposed or implemented a digital services tax (DST).
    • However, the proliferation of digital service taxes (DSTs) is a symptom of the changing international economic order.
    • Countries such as India which provide large markets for digital corporations seek a greater right to tax incomes.
    • The core problem that the international tax reform seeks to address is that digital corporations, unlike their brick-and-mortar counterparts, can operate in a market without a physical presence.
    • The current basis for taxing in a particular jurisdiction is a notion of fixed place of business.

    Way forward

    • To overcome the challenge, countries suggested that a new basis to tax, say, the number of users in a country.
    • The EU and India were among the advocates of this approach.
    • In 2018, India introduced the test for significant economic presence in the Income Tax Act.
    • However, the proposal of a revised nexus was not supported widely.
    • Moreover, to give effect to a new system would require bilateral renegotiation of tax treaties that supersede domestic tax laws.
    • Meanwhile, the OECD continued to work to find commonalities among a range of solutions.
    • In its current form, the solution is too complex to administer and proposes to allocate residual profit — a term that has no economic definition.
    • It would also require political consensus on multiple issues, including sensitive matters such as setting up of an alternative dispute resolution process comparable to arbitration.
    • This can increase the compliance burden.
    • The US has expressed its preference to apply this measure on a safe harbour basis, which can limit the companies to which it may be applicable.

    Consider the question “Digital corporations can operate in a market without a physical presence. The current basis for taxing in a particular jurisdiction is a notion of fixed place of business. In light of this, examine the challenges in taxing the digital companies and how India is dealing with such a challenge?” 

    Conclusion

    As countries calibrate their response to competing demands for sovereignty to tax, DST is an interim alternative outside tax treaties. It possesses the advantage of taxing incomes that currently escape tax and creates space to negotiate a final, overarching solution to this conundrum.

  • Real Estate Industry

    Impact of RERA on real estate sector

    Note4Students

    From UPSC perspective, the following things are important:

    Prelims level: Article 254 of Indian Constitution

    Mains level: Paper 2- RERA and its benefits to the consumers

    The article highlights the various provision of RERA and its overall impact on the sector.

    How it changed the real estate sector

    • Real Estate (Regulation and Development) Act (RERA) was enacted in 2016 and it had been in the works for more than a decade.
    • RERA has infused governance in a hitherto unregulated sector.
    • Along with demonetization and GST, it has, to a large extent, cleansed the real estate sector of black money.
    • It has transformational provisions, conscientiously addressing issues that have been a constant bane for the sector.

    Important provisions of RERA

    • The Act stipulates that no project can be sold without project plans being approved by the competent authority and the project is registered with the regulatory authority.
    • This provision ended the practice of selling on the basis of deceitful advertisements.
    • Promoters are required to maintain “project-based separate bank accounts” to prevent fund diversion.
    • The mandatory disclosure of unit sizes based on “carpet area” strikes at the root of unfair trade practices.
    • The provision for payment of “equal rate of interest” by the promoter or the buyer in case of default reinforces equity.
    • These and many other provisions have empowered consumers, rectifying the power asymmetry prevalent in the sector.

    How RERA is an effort in cooperative federalism

    • Though the Act has been piloted by the Central government, the rules are to be notified by state governments.
    • The regulatory authorities and the appellate tribunals are also to be appointed by them.
    • The regulatory authorities are required to manage the day-to-day operations, resolve disputes, and run an active and informative website for project information.
    • Since RERA came into full force, 34 states and Union territories have notified the rules, 30 states and Union territories have set up real estate regulatory authorities and 26 have set up appellate tribunals.
    • The operationalization of a web-portal for project information, which is at the heart of ensuring full project transparency, has been operationalized by 26 regulatory authorities.
    • Around 60,000 projects and 45,723 real estate agents have been registered with regulatory authorities.
    • Twenty-two independent judicial officers have been appointed to redress consumer disputes, and 59,649 complaints have been disposed-off.

    Consider the question “What were the various problems faced by the consumers in real estate sector? How various provisions in RERA helped in the protection of consumers’ interests?” 

    Conclusion

    RERA is to the real estate sector what SEBI is to the securities market. It helped consumers from the various malpractices in the real estate sector.