State Governments

27.01.18 Arunachal Pradesh(APPSC) Current Affairs

by

NORTH-EASTERN STATES

  • Model Code of Conduct in full swing in Nagaland
  • Nagaland Chief Electoral Officer Abhijit Sinhahas asked banks to report daily to the district election officer on suspicious withdrawal of cash from the bank account of any individual.

 

  • If cash exceeding Rs 50,000 was found in a vehicle carrying a candidate, his agent or party worker, it would be seized.

 

  • The directives were issued as part of the Model Code of Conduct which is in force in Nagaland in view of the elections to the 60-member Assembly on February 27.

 

  • Posters, election materials or drugs, liquor, arms or gifts items valued at more than Rs 10,000, likely to be used for inducement of electors, or any other illicit articles also found in a vehicle, shall also be seized, the statement said.

 

  • Unauthorized political advertisements at private property should also be removed.

 

  • There is a total ban on the use of official vehicles by any political party, candidate or agent for campaigning, electioneering or election-related travel during elections.

 

 

 

INTERNATIONAL

 

·        Doomsday Clock set to 2 mins to midnight closest since 1953

 

  • The Doomsday Clock close the planet is to an apocalypse was set at2 minutes to midnight, the closest since 1953 during the Cold War.
  • The Clock was moved 30 seconds forward compared to 2017, citing growing nuclear risks and climate dangers.
  • The Clock is maintained since 1947 by scientists worldwide including 15 Nobel Laureates.

 

Gk bit – Doomsday Clock

 

  • The Doomsday Clock has moved closer to midnight, from two-and-a-half minutes to two minutes.

 

  • The Doomsday Clock was created by the board of the Bulletin of the Atomic Scientistsin 1947 as a response to nuclear The concept is simple – the closer the minute hand is to midnight, the closer the board believes the world is to disaster.

 

 

  • The clock was originally conceived by a group of atomic scientists who had been involved with the Manhattan Project, the scheme responsible for the first nuclear weapons. The scientists regularly produced a bulletin detailing progress and updates in nuclear weaponry and the clock was first designed as an illustration for the cover of the first edition.

 

  • Since then, the clock has moved backwards and forwards – from seventeen minutes to midnight in 1991 to two minutes to midnight in 1953.

 

 

  • India offers to create digital villages in ASEAN countries

 

  • India has offered to enhance rural connectivity in fellow Association of Southeast Asian Nations during the ASEAN-India Commemorative Summit.

 

  • Prime Minister, Narendra Modi said, “India offers to undertake a pilot project on rural connectivity, which would create digital villages in Cambodia, Lao PDR, Myanmar and Viet Nam.”

 

  • PM Modi also proposed the ASEAN countries declare 2019 as the ASEAN-India Year of Tourism.

 

 

 

NATIONAL

 

  • President of India Receives Asean Heads of State and Government

 

  • The President of India, Shri Ram Nath Kovind, received the ASEAN Heads of State and Government at Rashtrapati Bhavan on January 25, 2018 and hosted a lunch in their honour.
  • Speaking on the occasion, the President said that India-ASEAN relations have come a long way since we established our Dialogue Partnership with ASEAN on January 28, 1992.

 

  • Today, ASEAN is a Strategic Partner for India.

 

  • We have 30 dialogue mechanisms between India and ASEAN, including Annual Summits and 7 Ministerial Meetings in a wide range of sectors.

 

  • Ministry of Highways signs MoU with IL&FS for construction of Zojila tunnel

 

  • An MoU was signed between National Highways and Infrastructure Development Corporation (NHIDCL) under the Ministry of Road Transport & Highways, and M/S IL&FS Transportation Networks Ltd for construction of the 14.150  km long,  2-lane bi-directional Zojila Tunnel in Jammu & Kashmir .

 

  • This would be India’s longest road tunnel and the longest bi-directional tunnel in Asia.

 

  • The construction of this tunnel will provide all weather connectivity between Srinagar, Kargil and Leh and will bring about all round economic and socio-cultural integration of these regions.

 

·        Small Finance Banks and Payment Banks to offer Atal Pension Yojana

 

  • Payments Banks and Small Finance Banks are a New Model of banks conceptualized by the Reserve Bank of India (RBI).
  • 11 Payment Banks and 10 Small Finance Banks have received a license from Reserve Bank of India to start banking operations in India.
  • Small Finance Banks and Payment Banks are new age banks and given the strength of the bank, expertise and it reaches, Small Finance Bank and Payment Bank can play a pivotal role in the outreach of 83 lacs subscribers under Atal Pension Yojana (APY).
  • APY is a Government’s Old Age Pension Scheme being implemented through all Banks across the country as per the mandate received from the Ministry of Finance and monitored periodically at PMO. PM Narendra Modi had launched the Social Security Scheme on May 9th, 2015 and dedicated the First Ever Guaranteed Pension Product to the people of the country.

 

·        Maharashtra wins best tableau prize in Republic Day parade

 

  • The Punjab Regiment has bagged the award for the best marching contingent among the three services and the Indo-Tibetan Border Police among the paramilitary and other auxiliary forces in the Republic Day parade.

 

  • Maharashtra got the first prize for the best tableau.

 

  • Maharashtra’s tableau was titled Chhatrapati Shivaji Maharaj coronation.

 

  • Assam’s tableau depicting traditional “masks and sastras” bagged the second prize.

 

  • The third prize went to Chhattisgarh’s display of Ramgarh’s ancient amphitheatre and artistes performing dance based on Kalidasa’s Meghadootam.

 

  • Among the tableaux by Union Ministries and departments, the first prize went to KheloIndia of the Youth Affairs and Sports Ministry.

 

  • Of the 23 tableaux, 14 were from the States and Union Territories.

 

  • The External Affairs Ministry presented two tableau depicting the “long socio-cultural, religious, educational and trade relations” between India and ASEAN countries.

 

·        Govt. to set up apex cybercrime coordination centre

  • To deal with cybercrimes such as financial frauds, circulation of communal and pornographic contents, the Union Home Ministry is planning to set up an apex coordination centre and has asked States to establish a similar mechanism in every district.
  • It has also released ₹83 crore for setting up of a cyber forensic training laboratory-cum-training centre for police officials in each State. The funds were given under the Cyber Crime Prevention against Women and Children Scheme.
  • The apex centre — Indian Cyber Crime Coordination Centre (I4C) — would be set up in Delhi.
  • It would coordinate with State governments and Union Territories, and closely monitor the cyberspace and social media with due emphasis on vernacular content.
  • The centre would also block those websites which flout India’s laws and circulate child porn, and communally and racially sensitive content.
  • State governments have also been asked to set up a State cybercrime coordination cell at the headquarter-level and also establish district cybercrime cells.
  • The Ministry has already created a new wing — Cyber and Information Security Division — to deal with the new-age challenge.
  • The cybercrime cases are of varied types. These range from defacement of government websites, online financial frauds, online stalking and harassment, and data thefts. Each requires specialised investigative skill sets and forensic tools.
  • Phishing, scanning or probing, website intrusions and defacements, virus or malicious code and denial of service attacks are some types of cybercrimes.

 

Arunachal Pradesh Schemes and Projects

by

Arunachal Pradesh Schemes and Projects

Chief Minister’s Adarsh Gram Yoiana 2017

  • The Government of Arunachal Pradesh has decided to implement the Ghief Minister’s Adarsh Gram Yojana 2017 fot creating model villages in the state.

OBJECTIVE

  • The Objective of the scheme is to develop 60 Model Villages in Arunachal Pradesh, which are equipped with all basic amenities such as 24×7 Piped Drinking water,
  • Electricity at household level, primary school, primary health infrastructure, internal roads, avenues of employment generataon and are open defecation free.

SALIENT FEATURES

  1. A total of 60 model villages (l village per Legislative Assembly Constituency) will be developed initially within a period of 2 years.
  2. Selection of villages will be done by a committee headed by Deputy Commissioner along with HOO’s of respective districts and the concerned MLAs.
  3. A total outlay of Rs 1.5 Crores per village has been provided.
  4. Block Development Office will be the nodal implementing Agency.
  5. In order to generate rural employment, all works that do not require specific skills will be done by the villagers who are willing to work and are above 18 years of age. Wages will be paid as per latest MGNREGA guidelines and works will be dovetailed with MGNREGA scheme of Government of lndia.
  6. A shelf of works for the village will be recommended and approved by Gram Sabha and submitted to the BDO. This would be forwarded to the office of the Deputy Commissioner for Administrative and Technical Approval and Sanctions.
  7. All account and records relating to the scheme would be available for public scrutiny.
  8. There would be an effort on convergence with other CSS / State Plan Schemes including MLALAD for optimal results.

 

Chief Minister’s District Innovation and Challenge Fund

  • The Government of Arunachal Pradesh has decided to implement the Scheme of “Chief Minister’s District Innovation and Challenge Fund” to ensure that public investment in the district is responsive to local requirements of the districts.
  • The following would be the key objectives of the scheme:
    1. To fill in vital gaps in public infrastructure available at the district level which is not being fully utilized in absence of relatively small investment e.g. Gove:nment hospital witfr non-functional diagnostic equipment.
    2. Catalyze opportunities for Skill Development, Sustainable Livelihood and entrepreneurship.
    3. Schemes which have positive impacts of eFficient service delivery system.
    4. Schemes which are oriented towards social sectors – Health and Education.
    5. Schemes which are targeted on welfare of marginalized section of the society. Sub:- Chief Minister’s District Innovation and Challenqe Fund.
    6. Development of Eco-tourism

Chief Minister’s Krishi Rinn Yoiona

  • The Government of Arunachal Pradesh has decided to provide a facility of Zero interest crop loan to farmers of the State to enable them easy access to formal credit through banking channels.
  • The Government of Arunachal Pradesh has decided to launch “Chief Minister’s Krishi Rinn Yojana” which will have the following features:-
  1. The Government of Arunachal Pradesh would provide interest subvention oi 4o/o on crop loan / Kisan Credit Card limit up to Rs.3.00 lakhs sanctioned by all banks to all farmers of the State during the current financial year. This interest subvention will be over and above the subvention given by Govt of lndia to banks and the farmers as per policy circular issued by RBI/NABARD
  2. The farmers would also get interest relief @ 30k per annum who promptly repay their short term production credit (crop loan) within one year of disbursement / drawal of such loan. ln effect, farmers who take loan of upto Rs 3.00 lakhs and make timely repayments will get access to zero interest credit facility.
  3. NABARD will act as channel partner for reimbursement to banks against interest subvention amount claims in prescribed format, for which a circular will be issued to all the banks separately.
  4. The State Government will be issuing a notification wherein a certificate of area and crop being cultivated issued by Circle Officer which will be accepted as valid documents by bank for issuance of Kisan Credit Card to the farmers.
  5. This scheme will not be available for production of perennial food crop, plantation crop.
  6. Banks and district will give adequate publicity to the above scheme so that th6 iarmers can avail the benefits.
  7. Beneflt under scheme will be extended to farmers availing KCC / crop production loan from commercial banks, APRB and APSCAB Ltd at the same terms and conditions prescribed by RBI / NABARD. Banks will make available the KCC loan application formats being used at present to all the farmers willing to apply for KCC in short term crop loan.
  8. The State Government has set a target of 7500 farmers to be covered under crop loan under Chief Minister’s Krishi Rinn Yojana in this financial year. The districl wise/bank wise target will be circulated separately to all DCs and concerned banks. These targets will be reviewed in the DLCC meetings and SLBC meetings. Any bank which fails to meet the stipulated target would be reported to RBI and Department of Financial Services.
  9. The Circle Officers will function as Financial Extension Officers of the State Government and also help the banks in timely recovery of crop loans.

Deen Dayal Upadhyaya Bunkar Yojana

The Government of Arunachal Pradesh has decided to launch the Deen Dayal Upadhyaya Bunkar Yojana to encourage the women weavers to access affordable credit from banks for working capital requirements.Arunachal Pradesh Schemes and Projects

  1. It has been decided to introduce 7% interest subvention on short term credit / Cash Credit limit / working capital limit / Weavers Credit Card / Swarojgar Credit card availed by the women weavers of the State. The Scheme will be applicable for loans availed from Commercial Banks, Regional Rural Bank on or after 01 .04.2017 and disbursed during current financial year.
  2. lnterest subvention will be qalculated on the short term loan amount from the date of its disbursement / drawl upto the date of actual repayment of the loan by the weavers or upto the due date of the loans fixed by the banks, whichever is earlier, subject to a maximum period of one year.
  3. The benefit of the Scheme will not be applicable to term loans and other loans extended by the Commercial Banks, Regional Rural Banks and Cooperative Banks to weaVers.
  4. The loan application will be forwarded through Circle Officer who will certify that the applicant is in p6ssession of a working loom(s).
  5. The Scheme will cover all categories of women weavers, irrespective of unit size /no. of looms and will be covered under the Pradhan Mantri Mudra Yojana.
  6. Only individual women weaVer or group of woman weavers will be eligible under the Scheme. Cbmpanies and partnership firms will not be eligible.
  7. The interest subvention will be applicable for working capital loan upto Rs. 2.00 lakh irrespective of the quantum of loan extended to the weaver by the bank.
  8. A target of 3000 women weavers has been fixed for this financial year and the bank wise / district wise target will be circulated in due course. Banks who default in targets would be reported to RBl.
  9. NABARD will act as channel partner for reimbursement of interest subvention to banks which have to be claimed by the banks in the prescribed format. NABARD will issue detailed circulars to the banks in this regard.
  10. The District Administration and the bank will make all efforts for wide publicity of the scheme and the Circle Officers shall educate women self-help groups and individual weavers for timely loan repayment.

Deen Dayal Upadhyaya Swalamban Yoiona

The Government of Arunachal Pradesh has decided to launch the Deen Dayal Upadhyaya Swalamban Yojana to encourage unemployed youth to gain access to low cost capital for entrepreneurship.

  1. Under this scheme, a provision of 30% back ended capital investment subsidy has been made for entrepreneurs, who wish to set up small and medium enterprises with a loan from Rs. 10.00 lakhs upto Rs.1 .00 crore excluding the cost of land and building.
  2. Women entrepreneurs will be additionally eligible for 5% interest subsidy annually provided the entrepreneurs does not become Non-Performing Asset (NPA).
  3. Entrepreneurs will be required to be registered under Stand Up lndia Scheme. The sectors are covered under this scheme :-.
  1. Value addition in agriculture, horticulture and allied sectors including packaging, cold chain, cold storage, milk processing, food processing etc.
  2. Ecotourism including home stays and tour operators.
  3. Traditional textile weaving for modernisation of traditional looms and ‘ purchase of new looms to start a new weaving unit.
  4. (Small scale manufacturing units to be set up by qualified graduates.
    • Entrepreneurs would be required to contribute at least 10% of project cost as their contribution. Preference will be given to those who contribute a greater proportion.

Government sanctions a major power transmission scheme for Arunachal Pradesh & Sikkim to bring them fully into the grid

  • The Cabinet Committee on Economic Affairs, chaired by the Prime Minister Shri Narendra Modi, approved the Comprehensive Scheme for Strengthening of Transmission & Distribution (T&D) Systems (CSST&DS) in Arunachal Pradesh and Sikkim at an estimated cost of Rs.4754.42 crore.
  • The scheme is to be taken up under a new Central Sector Plan Scheme of Ministry of Power (MoP).
  • As the intra-state T&D systems in the North-Eastern states have remained very weak, the Central Electricity Authority (CEA) developed the CSST&DS for the North East Region (NER) in consultation with the Power Grid Corporation of the India Limited (PGCIL) and State Governments concerned.
  • Presently, only 5 out of 20 districts of Arunachal Pradesh are connected to transmission network at 132/220 KV.
  • The 33 KV system is the backbone of power distribution system in the State.
  • Due to low population density spread over its geographical area of 84,000 sq.km, power demand in Arunachal Pradesh is scattered over large distances. Hence it is necessary to provide 132 KV connectivity in the state for proper voltage management and lower distribution losses.
  • Similarly, the distribution system in Sikkim mainly relies on 66 KV network, which needs to be strengthened substantially.
  • In view of this, it is proposed to take up projects for strengthening intra-state T&D systems of the two States through 31 new 132 KV sub-stations, 14 substations of 66/11 KV, 2035 km of transmission lines (132 & 220 KV) and 2204 km of transmission lines (33 & 66 KV).
  • The project would be implemented through PGCIL with its consultancy fee of 1.2 percent of the execution cost.
  • After commissioning, the projects would be owned and maintained by the State Governments.
  • Initially the project was proposed to be funded under Non-Lapsable Central Pool of Resource (NLCPR – Central) of the Ministry of Development of North Eastern Region (DONER).
  • But DONER has conveyed its inability due to budgetary constraints.
  • Hence it is proposed to take it up through a new Central Sector Scheme under the MoP’s budget.
  • The project is to be implemented within 48 months from the first fund release to PGCIL

50 Biotech Laboratories to be established in Senior Secondary Schools of Arunachal Pradesh

  • Department of Biotechnology, Government of India, will set up 50 Biotech Laboratories in Senior Secondary Schools of Arunachal Pradesh under the scheme Biotech Labs in Senior Secondary Schools (BLISS) to encourage young dynamic students.
  • 75 to 100 crores have been earmarked for the implementing the projects.
  • This project will be jointly funded by Department of Bio-Technology and Rural Technology Centre of Department of Science and Technology, Government of India.
  • A State Level Biotech Hub will also be set up in the State for conducting high-end researches and training North Eastern Region Researchers and students, to create and train employable manpower.
  • For protection of indigenous traditional knowledge of the State, an Intellectual Property(IP) Cell will be set up in the State Science and Technology Council.
  • Five centres of excellence will also be established in different areas of Biotechnology in the State.
  • Setting up biotechnology labs in the schools will directly benefit more than ten thousand students and teachers of the state towards promoting education in biotechnology and attracting billion young students with multidisciplinary research areas.
  • The outreach programme will immensely help in generating awareness and enhancing literacy and promoting public understanding of biotechnology in the state.

 

India’s longest bridge brings Assam closer to Arunachal Pradesh

  • The Prime Minister, Shri Narendra Modi, inaugurated India’s longest bridge – the 9.15 km long Dhola-Sadiya bridge over the River Brahmaputra, in Assam.
  • The bridge will ensure 24X7 connectivity between upper Assam and Eastern part of Arunachal Pradesh, marking a major transformation from the ferry-based, day-only connectivity that collapsed during floods.
  • It will also reduce the distance and travel time between the two states.
  • The distance between Rupai on NH- 37 in Assam to Meka/Roing on NH-52 in Arunachal Pradesh will be cut down by 165 KM. The travel time between the two places will come down from the current six hours to just one hour – a total five hour reduction.
  • Dhola-Sadiya bridge opens the door for economic development in the North East on a big scale.

 

Comptroller and Auditor General of India

by

The Comptroller and Auditor General (CAG) promotes accountability, transparency and good governance through high quality auditing and accounting.The Comptroller and auditor general (CAG) of India is empower to audit all expenses from the combine Fund of the union or state governments, whether incurred within India or outside. The Comptroller and Auditor General of India (CAG) is the Head of the Indian Audit and Accounts Department (IA&AD) and derives his constitutional standing as the Auditor of the Union and State Governments from Articles 149 to 151 of the Constitution.

Duties of the CAG

• Receipts and expenditure of the Union and the State Governments accounted for in the respective Consolidated Funds.
• Transactions relating to emergency Funds (created for use in circumstances) and the Public Accounts (used mainly for loans, deposits and remittances).
• Trading, manufacturing, profit and loss accounts and balance sheets and other subsidiary accounts kept in any Government Department.
• Accounts of Government organisations, Government companies and Government corporations whose statutes provide for audit by the CAG.
• Authorities and bodies substantially financed from the Consolidated Funds of the Union and the States.
• Any body or authority even though not substantially financed from the Consolidated Fund at the request of the President or the Governor.
• Accounts of bodies and authorities receiving loans and grants from the Government for specific purposes.

The duties of Comptroller and Auditor General includes audit of: ? all expenditure from the Consolidated Fund of India of Union, of each State and of each Union Territory having a Legislative Assembly with the objective to ascertain whether the moneys shown in the accounts as having been disbursed were legally available for and applicable to the service or purpose to which they have been applied or charged and whether the expenditure conforms to the authority which governs it; ? all transactions of the Union and of the States/Union Territory having a Legislature relating to Contingency Funds and Public Accounts; ? all trading, manufacturing, profit and loss accounts and balance-sheets and other subsidiary accounts kept in any department of the Union or of a State and in each case, to report on the expenditure, transactions or accounts so audited by him; ? receipts and expenditure of bodies or authorities substantially financed from Union or State revenues; ? grants or loans given to other authorities or bodies; ? revenue of the Union and of the State Governments; ? accounts of stores and stock; ? Government Companies and Corporations under the Company’s Act 1956 read with CAG’s (DPC) Act, 1971 ; and ? accounts of other authorities or bodies as per their statute or upon request by the Governor of a State or the Administrator of a Union Territory having a Legislative Assembly.

Compilation of accounts of the State Government; ? preparation of the annual accounts of the States Governments and Union Territories having a Legislative Assembly; and ? rendering accounting information and assistance to the State Governments.

CAG presents a number of Audit Reports on the basis of audit of the Union Government and the State Governments to the Parliament and State Legislature respectively under Article 151 of the Constitution of India.  In addition, CAG certifies the Appropriation Accounts and Finance Accounts of the Union Government and of the State Governments and forwards them to the President / Governors of States for being laid on the Table of Parliament and State Legislature respectively. CAG also submits Separate Audit Reports on all statutory corporations and autonomous bodies, for which he is the sole auditor.

 

National and state minority commission

by

National and state minority commission

Constitution of India doesn’t define the word ‘Minority’ but has used the word minorities considering two attributes religion or language of a person. For minorities Constitution of India has envisaged a number of rights and safeguards. To provide enough equality and to dwindled the discrimination, makers have spelt out various things in Fundamental Rights (PartIII); Directive Principles of State policy (Part IV) and also the Fundamental Duties (Part IV-A). However, with rising right and rising wedge between right and left and also the ephemeral political aspirations of various political parties have diluted the discrimination safeguards.

The Union Government set up the National Commission for Minorities (NCM) under the National Commission for Minorities Act, 1992. Six religious communities, viz; Muslims, Christians, Sikhs, Buddhists, Zoroastrians (Parsis) and Jains have been notified in Gazette of India as minority communities by the Union Government all over India . Original notification of 1993 was for Five religious communities Sikhs, Buddhists,Parsis,Christians and Muslims.

Functions and Powers

  • Evaluate the progress of the development of Minorities under the Union and States.
  • Monitor the working of the safeguards provided in the Constitution and in laws enacted by Parliament and the State Legislatures.
  • Make recommendations for the effective implementation of safeguards for the protection of the interests of Minorities by the Central Government or the State Governments.
  • Look into specific complaints regarding deprivation of rights and safeguards of the Minorities and take up such matters with the appropriate authorities.
  • Cause studies to be undertaken into problems arising out of any discrimination against Minorities and recommend measures for their removal.
  • Conduct studies, research and analysis on the issues relating to socio-economic and educational development of Minorities.
  • Suggest appropriate measures in respect of any Minority to be undertaken by the Central Government or the State Governments.
  • Make periodical or special reports to the Central Government on any matter pertaining to Minorities and in particular the difficulties confronted by them.
  • Any other matter which may be referred to it by the Central Government.

The Commission has the following powers:

  • Summoning and enforcing the attendance of any person from any part of India and examining him on oath.
  • Requiring the discovery and production of any document.
  • Receiving evidence on affidavit.
  • Requisitioning any public record or copy thereof from any court or office.
  • Issuing commissions for the examination of witnesses and documents.

State minority commission

The recognition of any community as a religious minority means that the States should have a State level Commission to ensure that the rights and privileges allowed to the minorities under law are not denied to them. In a situation of difficulty a member of the minority community can invoke the law that safeguards his interests. In pursuance of this objective, each State in the Union including Union Territories are required to set up respective Minority Commission to cater to the needs and interests of the minority communities in the concerned states. However, the Union Minister for Minorities, while replying to a question in the Parliament disclosed that twelve States, including four ruled by BJP and its allies, and six Union Territories (UTs) have not set up Minorities Commissions at their respective levels. Incidentally, Jammu and Kashmir also figures in the list of twelve States with no Minority Commission.

 

Federal Structure: Union-State relations.

by

The Indian constitution provides for a federal framework with powers (legislative ,executive and financial) divided between the center and the states. However, there is no division of judicial power as the constitution has established an integrated judicial system to enforce both the central laws as well as state law. The Indian federation is not the result of an agreement between independent units, and the units of Indian federation cannot leave the federation.Thus the constitution contains elaborate provisions to regulate the various dimensions of the relations between the centre and the states.

To understand the topic first we must understand the concept of federalism….

Federalism is a system of government in which the same territory is controlled by two levels of government. Generally, an overarching national government governs issues that affect the entire country, and smaller subdivisions govern issues of local concern. Both the national government and the smaller political subdivisions have the power to make laws and both have a certain level of autonomy from each other.

A federation is traditionally constituted when two or more independent neighboring states forge a Union for defined purposes of common interest by divesting themselves of a measure of sovereignty which is vested with the federal government. “The urge for union comes from the need for collective security against aggression and economic co-ordination for protection and expansion of trade and commerce. The federation is given only enumerated powers, the sovereignty of the states in the Union remains otherwise unimpaired”.

“A Federation in USA is of this type. Alternatively, a federation is formed when a sovereign authority creates autonomous units and combines them in a Union.” Once constituted, the national and state governments possess co-ordinate authority derived from the several constitutions and enjoy supremacy in their respective spheres of authority and jurisdiction. Canadian federation belongs to this category. However, the differences between the two lie in the degree and extent of emphasis on unitary features.

Characteristic Features of Federalism are:-

(i) Supremacy of Constitution:-Supremacy of the Constitution is a doctrine where by the Constitution is the supreme law of the land and all the State organs including Parliament and State Legislatures are bound by it. They must act within the limits laid down by the Constitution. They owe their existence and powers to the Constitution and, therefore, their every action must have its support in the Constitution.

(ii) The distribution among bodies with limited and co-ordinate authority, of different powers of government;

(iii) The authority of the courts as interpreters of the Constitution;

(iv) Double citizenship is another characteristic of some of the Federation.

A unitary system on the other hand has the highest degree of centralization. In a unitary state, the central government holds all the power. Lower-level governments, if they exist at all, do nothing but implement the policies of the national government. In a purely unitary state, the same set of laws applies throughout the nation, without variation. Unitary states create national policy, which is then applied uniformly. This uniformity sometimes serves as an advantage because people and businesses know exactly what to expect from the laws, regardless of geographical location. At the same time, to maintain its uniformity, a unitary government must overlook local differences that might call for different rules or policies.

Now coming back to our main topics Administrative, Legislative and Financial Relationship between centre and state

Administrative relations between the Centre & the States:

The administrative relations between the Centre and the States have been stated from Article 256 to Article 263 of the Constitution. As a rule, the Central Government exercises administrative authority over all the matters on which the Parliament has the power to make laws, whereas the State Governments exercise authority over the matters included in the State List.   The executive power of the State is to be exercised in compliance with laws made by the Parliament. Also, the Union Executive is empowered to give directions to a State, when necessary like- construction and maintenance of means of communications, declared to be of national and military importance, and also on the measures for the protection of Railways.Article 256 of the Constitution states that the executive power of the states shall be so exercised as to ensure compliance with the laws of Parliament.

Also the union executive power extends to the giving of such directions to the states as may appear to the Government of India to be necessary for the purpose.  It is further stipulated under Article 246 of the Constitution that if the state government fails to endorse the laws passed by the Parliament within its jurisdiction, the union government can issue directions to the states to ensure their compliance. This article lays down that it shall be the duty of the states to exercise its executive power so as to ensure that due effect is given within the state to every act of Parliament and to every existing law which apply in that state. This is a statement of constitutional duty of every state.

Legislative relations between the Centre & the States:

  • Union List Only Parliament can make laws in the case of a subject listed in the Union list. It has 100 subjects for now.
  • State List Only state can make laws in the case of a subject listed in the State List. It has 61 subjects for now.
  • Concurrent  List:- Parliament and state (both) are allowed to make laws on the subjects listed in this list. If both have made laws on the same subject then the central law overrides the state law. It has 52 subjects for now.

42nd Amendment Act, 1976 transferred 5 Subjects from state list to concurrent list. (those five subjects were – education, forests, weights and measures, protection of wild animals and birds and administration of justice; constitution and organisation of all courts except the Supreme Court and the high courts.

 

Financial relations between the Centre & the States:
• The essence of federalism is not just the distribution of functions but also the distribution of resources necessary for the adequate & effective performance of
these functions.
• No system of federation can be successful unless both the union and the states have at their disposal adequate financial resources to enable them to discharge their respective responsibilities under the constitution.
• In the Indian constitution, the union – state financial relations are given in Chapter one of Part XII running from Art. 264 to 293.

Under the Constitution the financial resources of the State are very limited though they have to do many works of social uplift under directive principles. In order to cope with their ever-expanding needs, the Central Government makes grants-in-aid to the States. Grant- in-aid to States , through it Central Government exercises a strict control over the States because grants are granted subject to certain conditions.

The Indian constitution provides for a federal framework with powers divided between the Centre and the states. The Financial powers entrusted by the Constitution reflect a clear asymmetry between the taxation powers and the functional responsibili-ties, with the Centre being assigned taxes with higher revenue potential and States being entrusted with more functional responsibilities.  The Constitution provides, under Article 280, the institutional mechanism of Finance Commission and other enabling provisions for the transfer of resources from the Centre.

The Role of the Finance Commission under Indian Constitution are to make recommendation to the President with regard to following matters:
a) To determine the scheme that governs the matters relating to the distribution of net proceeds of taxes which are in the divisible pool, between the Centre and States.
b) To make recommendations, to determine the principle that would regulate or govern the revenues to the States from the Central Revenue in the form of Grant in Aid to the needy States
c) This function of the Commission is included by the way of 73rd and 74 Constitutional Amendment to strengthen the financial Status of the local bodies by providing the supplement to the resources of the Panchayats and Municipalities in the States on the basis of the recommendation of State Finance Commission from the Consolidated fund of the State.
d) The last function of the Commission as provided by the Constitution under Article 280 3(d) is very vast any matter relating to the Fiscal interest between the intergovernmental bodies can be referred to the Commission by the President, These function or Terms of Reference, which broadly fixed by the Constitution itself; while at the same time an element of flexibility is built into these terms of reference under sub clause (d) of Article 280(3). Under this Clause the President has a power to refer any matter to the Commission ‘in the interests of sound finance.

 

Natural and Power resources of Arunachal Pradesh

by

Natural and Power resources of Arunachal Pradesh

Arunachal Pradesh has an area of 83,743 sq kms. It is the largest state in the North Eastern region sharing its international boundaries with Bhutan in the west , China in the North and Myanmar in the East. It also shares border with state of Assam and Nagaland in the southern and south eastern area. Total forest cover is about 82% and the state has numerous turbulent streams , fast flowing rivers , deep gorges , lofty mountains , snow clad peaks and rich biodiversity.

Total generating capacity of the state was only 32 MW hydro and 28.63 MW diesel till now, which has increased substantially with the completion of 405 MW Ranganadi hydropower project. 600MW Kameng hydro power project is under construction and these projects will provide electricity not only to the Arunachal Pradesh and other states in the north eastern region but also to the power starved regions of the country.

The per capita consumption of Arunachal Pradesh is below 100 Kwh as compared to the national average of 373Kwh. The state plans to harness its enormous potential from natural resources like forests and hydro power and exploit its mineral wealth to usher in the era of economic development and raise the capita electricity consumption to the 500 Kwh.Natural and Power resources of Arunachal Pradesh

Power Installations In 2016-17

In June 2016, the state accounted for an installed capacity of power generation of 55.41 MW from thermal power plants out of which 43.06 MW is contributed by gas power plants and 12.35 MW from coal power plants.

For the installation of 40,000 MW grid connected solar rooftop system in the country by 2022, the target allocated for the state is 50 MW.

Use of  Conventional resources and its issues

Conventional resources of energy are rapidly depleting and there is no formation of conventional sources of energies in near future. So there is need to divert our attention to renewable energy resources. The main concern over the rapid consumption of Fossil Fuels is they are depleting at fast pace. And there should be use of renewable resources to meet the growing demands of utilization of  non-renewable products

In order  to preserve the energy resources through proper utilization, the power developers have to create awareness among the people about the use of renewable resources as non-renewable resources declining at a rapid rate due to increasing demands of its use in global market of energy conservation and make it a culture in the long run to be a efficient state. The power is the most important contributing factor of a developed state so to be efficient there should be exploration of  all possible avenues to produce power.

Prospects  on involvement of private sector in Hydro-Power generation is very benefitting. There is need for energy conservation and its efficiency. There is need to look for  Power renewable energy, power trading, T&D loss reduction and technologies  and equipments for effective energy generation.

The reserves of coal, oil and natural gas are limited and they do not regenerate. Hence such energies could be used only as long as they last and their emissions cannot be absorbed by nature. Consequently, none of these energy sources can satisfy both sustainability criteria. Therefore, the sustainability criteria are best satisfied by solar, wind, wave and most hydro-power options. The state will produce adequate energy in all ways and means that is safe and good for the state and its population.

Renewable energy in the state

The government has launched the programme for promoting power generation from renewable sources since the last 25 years. In India, the cumulative power generation from these sources is only around 11,272.13 MW and in State , Power generation from renewable resources is very less. Small hydro-power projects generating up to 25 MW power are also categorized as power renewable sources of energy.

However there are socio socio-economic problems associated with small hydro projects at place where it has caused hydro-projects blockade or diversion in downstream water affecting farming operations and causing drinking water availability problems in villages. India is also lagging behind in power generation from biomass, bagasse and waste despite its high potential.

Technology improvement for Renewable Energy

Technological improvements, better quality control, standardization and increased number of suppliers/ manufacturers/vendors in technologies such as wind manufacturers/vendors turbines, biomass cogeneration and hydro power, biomass gasification, small and micro micro-hydro, bio-diesel and solar photovoltaic are also aiding the growth of renewable energy.

Efficiency in energy utilization needs to be a continuous activity as there is huge continuous un productive energy utilization has seen. The world is moving towards a sustainable energy future with an emphasis on energy efficiency and use of renewable energy sources.

The North East has abundant renewable energy resources but their utilization has not been adequate. Apart from small hydel power projects, biomass holds a lot of scope in the region. Effective utilization of renewable energy could be of immense benefit in electrification of remote villages. The 11th Plan targeted utilization of renewable energy to the tune of 3,500 MW with a capacity addition of another 3,200MW. The private sector participation is very much encouraging in this regard. Continued growth of Indian economy will depend on large scale investments in its large-scale energy sector.

Central and State Governments should also address these issues for faster implementation of projects. Further, any development in the generation and objects transmission / sub-transmission infrastructure can only be sustained through transmission .Continuous cash-flow from end consumers, adequate focus needs to be on  strengthening of the distribution sector through administrative and management sector reforms. the Central Government sponsored schemes such as the R-APDRP, and development of the human resources through appropriately designed training and development programs.

The state is sparsely populated and the wide dispersion in population makes the centralized generation and long T&D network a costly option. This explains the presence of distributed generation, having installed capacities of several KW only which cater for the local areas. The Arunachal Pradesh Electricity Department, a vertically integrated entity, is vertically-integrated responsible for generation, transmission and distribution of power in the State.

Although the state has a huge hydro potential to the order of 55,000 MW, it is mostly unexplored .The State’s own installed capacity is only 61 MW and is primarily dependent on primarily purchase of power from CPSUs (share of 119 MW). Peak demand of the state stood at130 MW in 2008-09 and peak demand and energy deficit stand at 39.2% and 36.4% respectively which are way above the national average figures.

The best way of contributing to the nation is to tap the hydro potentials in Arunachal Pradesh, which can meet the nation’s one one-third power requirements. Of the projected 60,000 MW of power potentials in the State, only 4 5% has so far been exploited. 4-5%Highlighting the vast potentials for renewable energy in North Eastern states

The dams are constructed using best of scientific technologies to maximize power production and minimize the hypothetical negative impact.

Mega Power Policy and Small Hydro Power Policy

The Government of Arunachal Pradesh has formulated Mega Power Policy and Small Hydropower Policy for project under 25 MW under Build, Own, and Operate and Transfer (BOOT) model. Projects are classified according to their size and the project identification, allocation and various statutory clearances are detailed in the policy. various. The private sector companies will have the option to execute hydro projects on Build, Own, Operate (BOO) or Build, Own, Transfer (BOT). The land required for construction of the project shall be acquired and leased to the developer against payment of land.

Objective is to formulate effective policy, proper technology delivery and besides capacity building for realizing the potential of the renewable energy sector.

The State has got abundant renewable energy resources and made a strong pitch for improving power generating capacities. Power-generating through improved technologies so as to meet the future power requirements of the country. Around 15 per cent of energy is being lost in distribution and transmission system, besides the unauthorized tapping of power

Solar Energy

India has abundant solar insolation and state is also have potential for solar energy. There is also need to emphasized on tapping the solar energy to meet the electricity needs of people of border areas in the state.

Focus is on tapping the resources for renewable energy and eradicate hurdles in tapping them. There is need to provide solar power in border areas of the state as it has vast potentials for renewable energy in North Eastern states.

Bio diversity in the state

There is need to conserve power and bio diversity as well. Bio-diversity in Arunachal Pradesh with 82per cent forest cover will put all efforts in saving its natural bio- biodiversity and at the same time will march forward with other states in terms of development by becoming energy efficient.

To protect the bio diversity, the government will soon  eliminate the jhum cultivation and introduce tea and rubber cultivation. It will help in maintaining the economic balance and conserve bio diversity.

Efforts are being done in saving its natural bio diversity and at the same time co operate with other states in conserving bio diversity. Efforts are also done in terms of development by becoming energy efficient by producing adequate energy in all ways and means that is safe and good for the state and its population.

Wind Energy

Emphasizing the need of enhancing renewable energy  wind power could be transform into effective energy in the state. India now ranks as a “wind superpower” with an installed wind power capacity of 1167 MW and about 5 billion units of electricity have been fed to the national grid so far.

In the state, around 15 per cent of energy has been lost while distributing power in various states. State has been focusing on minute details on the energy efficiency and conservation and renewable energy.

Biogas based Power Generation Programme (BPGP)

Biogas based power units can be a reliable decentralized power generation option in the country. In order to promote this route of power generation, specifically in the small capacity range (3 kW to 250 kW), based on the availability of large quantity of animal wastes and wastes from forestry, rural based industries (agro/food processing), kitchen wastes, etc; a number of projects of different capacities and applications will be taken up for refining the technical know-how, developing manpower and necessary infrastructure, establishing a proper arrangement of operation & maintenance and large scale dissemination. Various small bio gas power generations has been installed in the state.

Effective Policy for future generations

Sustainable energy is the provision of energy that meets the needs without compromising the ability of future generations to meet their needs. Technologies that promote sustainable energy include renewable energy sources, such as energy from hydroelectricity, solar energy, wind energy, wave power, bio gas,  tidal power and also technologies ,designed to improve energy efficiency needs to be enhanced. The reserves of coal, oil and reserves natural gas are limited and they do not regenerate. Hence, such energies could be used only as long as they last and their emissions cannot be absorbed by nature. Consequently, none of the energy sources can satisfy both sustainability criteria. Therefore, the sustainability criteria are best satisfied by solar, wind, wave and most hydropower options.

Other options help to meet the sustainability goals were energy savings and increase energy efficiency.

 

Local Governance: 73rd and 74th Constitutional Amendments.Types of Urban local bodies and Panchayati Raj institutions in India.Sources of Finance in Urban Local Bodies and Panchayati Raj Institutions.

by

The 73rd and 74th Constitutional Amendment Acts, 1992, which gave Constitutional status to panchayati raj institutions (PRIs) and urban local bodies (ULBs) respectively, in both letter and spirit in order to bring about greater decentralisation and increase the involvement of the community in planning and implementing schemes and, thus, increase accountability.

The Amendments left important matters such as implementation, service delivery (including local capacity building) and transfer of responsibilities and powers to rural local bodies at the discretion of the state legislatures. Consequently, while expenditure responsibilities of local bodies are extensively enhanced, there is no law to ensure a corresponding assignment of funds to match the additional responsibilities.

Panchayats and Municipalities will be “institutions of self-government”.

1. Basic units of democratic system-Gram Sabhas (villages) and Ward Committees (Municipalities) comprising all the adult members registered as voters.

2. Three-tier system of panchayats at village, intermediate block/taluk/mandal and district levels except in States with population is below 20 lakhs (Article 243B).

3. Seats at all levels to be filled by direct elections [Article 243C (2)].

4. Seats reserved for Scheduled Castes (SCs) and Scheduled Tribes (STs) and chairpersons of the Panchayats at all levels also shall be reserved for SCs and STs in proportion to their population.

5. One-third of the total number of seats to be reserved for women. One third of the seats reserved for SCs and STs also reserved for women. One-third offices of chairpersons at all levels reserved for women (Article 243D).

6. Uniform five year term and elections to constitute new bodies to be completed before the expiry of the term. In the event of dissolution, elections compulsorily within six months (Article 243E).

7. Independent Election Commission in each State for superintendence, direction and control of the electoral rolls (Article 243K).

8. Panchayats to prepare plans for economic development and social justice in respect of subjects as devolved by law to the various levels of Panchayats including the subjects as illustrated in Eleventh Schedule (Article 243G).

9. 74th Amendment provides for a District Planning Committee to consolidate the plans prepared by Panchayats and Municipalities (Article 243ZD).

10. Funds: Budgetary allocation from State Governments, share of revenue of certain taxes, collection and retention of the revenue it raises, Central Government programmes and grants, Union Finance Commission grants (Article 243H).

11. Establish a Finance Commission in each State to determine the principles on the basis of which adequate financial resources would be ensured for panchayats and municipalities (Article 243I).

 

The civic functions relating to sanitation, cleaning of public roads, drains and ponds, public toilets and lavatories, primary health care, vaccination, supply of drinking water, constructing public wells, street lighting, social health and primary and adult education, etc. are obligatory functions of village panchayats. The optional functions depend on the resources of the panchayats. They may or may not perform such functions as tree plantation on road sides, setting up of breeding centres for cattle, organising child and maternity welfare, promotion of agriculture, etc.

The State Finance Commissions are required to recommend financial support from the state and principles for determination of taxes, tolls and fees that could be assigned to or appropriated by the local bodies

Article 243I of the Indian Constitution prescribes that the Governor of a State shall, as soon as may be within one year from the commencement of the Constitution (Seventy-third Amendment) Act, 1992, and thereafter at the expiration of every fifth year, constitute a Finance Commission to review the financial position of the Panchayats and to make recommendations to the Governor as to

The principles which should govern

  1. The distribution between the State and the Panchayats of the net proceeds of the taxes, duties, tolls and fees leviable by the State, which may be divided between them under this Part and the allocation between the Panchayats at all levels of their respective shares of such proceeds;
  2. The determination of the taxes, duties, tolls and fees which may be assigned as, or appropriated by, the Panchayats;
  3. The grants-in-aid to the Panchayats from the Consolidated Fund of the State;

Right To Service    

by

Delivering public services in a time bound, decentralised and citizen friendly manner has been one of the major challenges facing the administration wing of the government.

 

Right to Public Services legislation in India comprises statutory laws which guarantee time-bound delivery of various public services rendered to citizens and provides mechanism for punishing the errant public servant if they are is deficient in providing the stipulated services. Hence, Right to Service legislation ensures delivery of time bound services to the public. If the concerned officer fails to provide the service in time, he will have to pay a fine. Thus, it is aimed to reduce corruption among the government officials and to increase transparency and public accountability.

 

Right to Service legislation are meant to reduce corruption among the government officials and to increase transparency and public accountability. Madhya Pradesh became the first state in India to enact Right to Service Act on 18 August 2010 and Bihar was the second to enact this bill on 25 July 2011. Several other states like Bihar, Delhi, Punjab, Rajasthan, HimachalPradesh, Kerala, Uttarakhand, Haryana, Uttar Pradesh, Odisha and Jharkhand have introduced similar legislation for effectuating the right to service to the citizen.

 

Our development as a nation is plagued by low literacy levels, poor health, high population, extreme poverty and corruption. In 2014 India ranked 85th out of 175 countries in Transparency International’s Corruption Perceptions Index11 indicating there is a long way to go.

 

The three defining indicators that have emerged as main components of good governance, effectively reinforcing democratic principle

 

  1. Transparency and Accessibility: Transparency is described as the “characteristic of governments, companies, organisations and individuals of being open in the clear disclosure of information rules, plans, processes and actions”.

 

  1. Accountability and Timelines: Administrative transparency is a means to ensure accountability, reason the lack of it, and also highlight areas susceptible to corrupt practices, further ensuring that they are not overlooked. Accountability strategies which include checks and balances range from checking resource use, controlling expenditure, internal and external auditing processes, to monitoring mechanisms.

 

  1. Impact and Responsiveness of the Administration: The impact of the efficiency of the system can be gauged by people’s faith and confidence in the same. Citizens have become more articulate and aware and expect the administration to respond not merely to their demands but also anticipate them beforehand. The effectiveness and efficiency of an administration at any level, centre, state or local depends on fully responsive and representational people and institutions, as well as on prioritising service and legal mechanisms to correspond with needs of citizens.

 

The Second Administrative Reforms Commission (ARC), “Citizen Centric Administration: The Heart of Governance” endorsed the Sevottam framework and recommended its full implementation in Union and State Governments. Later in 2007, the Second Administrative Reforms Commission recommended that Citizen’s Charters should stipulate penalties for non-compliance followed by The Standing Committee on Personnel, Public Grievances, Law and Justice recommending giving statutory status to Grievance Redressal mechanisms, in 2008.

 

Centralised Public Grievance Redress and Monitoring System (CPGRAMS) In June 2007, the DARPG put in place a 24×7 online portal that links 89 ministries/departments/organisations as of now. This web-enabled solution called the CPGRAMS, sought to streamline and integrate the whole process. The CPGRAMS helps in filing, transferring, tracking and monitoring of complaints from both sides—the citizen, and the department-incharge—from any place and at any time.

 

 

The Right of Citizens for Time Bound Delivery of Goods and Services and Redressal of their Grievances Bill, 2011

 

The Bill was introduced in the Lok Sabha on December 20, 2011. The Bill was referred to the Department Related Standing Committee on Personnel, Public Grievances, Law and Justice.

19 States have Notified/Enacted the bill till yet.

 

The Bill refers to a ‘citizens charter’ which is a document that defines the standard of services to be provided by an entity. The citizens charter will also provide the time frame within which goods and services are to be provided.

  • The Bill requires all public authorities to appoint officers to redress grievances.  Grievances are to be redressed within 30 working days.  The Bill also provides for the appointment of Central and State Public Grievance Redressal Commissions.
  • A penalty of up to Rs 50,000 may be levied upon the responsible officer or the Grievance Redressal Officer for failure to render services.

 

The common framework of the legislations in various states includes, granting of “right to public services”, which are to be provided to the public by the designated official within the stipulated time frame. The public services which are to be granted as a right under the legislations are generally notified separately through Gazette notification. Some of the common public services which are to be provided within the fixed time frame as a right under the Acts, includes issuing caste, birth, marriage and domicile certificates, electric connections, voter’s card, ration cards, copies of land records, etc.

On failure to provide the service by the designated officer within the given time or rejected to provide the service, the aggrieved person can approach the First Appellate Authority. The First Appellate Authority, after making a hearing, can accept or reject the appeal by making a written order stating the reasons for the order and intimate the same to the applicant, and can order the public servant to provide the service to the applicant.

An appeal can be made from the order of the First Appellate Authority to the Second Appellate Authority, who can either accept or reject the application, by making a written order stating the reasons for the order and intimate the same to the applicant, and can order the public servant to provide the service to the applicant or can impose penalty on the designated officer for deficiency of service without any reasonable cause, which can range from Rs. 500 to Rs. 5000 or may recommend disciplinary proceedings. The applicant may be compensated out of the penalty imposed on the officer. The appellate authorities has been granted certain powers of a Civil Court while trying a suit under Code of Civil Procedure.

Reasonable restrictions on fundamental rights and right to property

by

Reasonable restrictions on fundamental rights and right to property

Fundamental Rights are the basic rights of the people and the charter of rights contained in Part III of Constitution of India. It guarantees civil liberties such that all Indians can lead their lives in peace and harmony as citizens of India. These include individual rights common to most liberal democracies, such as equality before law, freedom of speech and expression, religious and cultural freedom and peaceful assembly, freedom to practice religion, and the right to constitutional remedies for the protection of civil rights by means of writs such as habeas corpus, Mandamus, Prohibition, Certiorari and Quo Warranto.

Though the Constitution of India guarantees all these Fundamental rights for the citizen, yet there are some limitation and exceptions of these rights also. A citizen can not enjoy Fundamental Rights absolutely or at will.

Reasonable’ means that which is in accordance with reason, and which is associated with logic and not arbitrariness. It implies intelligent care and deliberation that which reason dictates. The expression “reasonable restriction” signifies that the limitation imposed on a person in the enjoyment of the right should not be arbitrary or of an excessive nature beyond what is required in the interest of the public.

Within some Constitutional limitation citizen can enjoy their Rights. The Constitution of India imposes some reasonable restrictions upon enjoyment of these Rights so, that public order, morality and health remain intact . The Constitution always aims at restoration of collective interest along with individual interest .For example, right to religion is subject to restrictions imposed by the state in the interest of public order, morality and health so, that the freedom of religion may not be abused to committee crimes or anti-social activities . Similarly Rights guaranteed by article-19 does not mean absolute liberty . Absolute individual rights can not be guaranteed by any modern state . There fore our Constitution also empowered the state to impose reasonable restrictions as may be necessary in the larger interest of the community . our Constitution always attempts “ to strike a balance between individual liberty and social control .” and to establish a welfare state where collective interest got prominence over individual interest .Freedom of speech and expression (Art.19-1-A) is also subject to reasonable restrictions imposed by the state relating to defamation, contempt of court, decency or morality, security of the state, friendly relations with foreign states , incitement to an offence, public order, maintenance of the sovereignty and integrity of India . Freedom of assembly (Art.19-1-B) is also subject to reasonable restrictions imposed by the state that the assembly must be peaceful and without arms in the interest of public order. Freedom of press which is included in the wider freedom of expression is also subject to reasonable limitations and the state can impose restriction upon freedom of press in the larger interest of the state or for the prevention of contempt of court, defamation or incitement to an offence.

Right to property

Property, as a legal and social institution, has different forms in different cultures and legal systems. However, only a definition of Constitutional property is common in all democratic countries. Since state exercises eminent domain power against private property, it is pertinent to discuss the concept of private property in brief. The institution of private property has been a controversial issue with conflicting views, one completely denying the right to own private property and the other supports the holding of the private property. However, the right to property is a natural and inherent right of an individual.

After independence, no Fundamental right has caused so much trouble and has given so much of litigation between the government and citizens as the property right. The reason is that the central and state governments have enacted massive hysteron of laws to regulate property rights. First, the government undertook to reconstruct the agrarian economy, interalia, by trying to confer right to property on tillers, abolition of zamindaris, giving security of tenure to tenants, fixing a ceiling limit on personal holding of agricultural land and redistributing the surplus land among the landless. Secondly, in the area of urban property, measures have been taken to provide housing to the people, clearance of slums and planning, control rents, acquire property and impose a ceiling on urban land ownership etc., Thirdly, government has undertaken to regulate private enterprises and nationalization of some commercial undertakings. These various legislative measures have been undertaken to effectuate accepted goal of establishing a socialistic pattern of society. Hence Articles 31 and 19(1)(f)  were repealed. Historical evolution and demise of repealed Articles 31 and 19(1)(f) are still relevant for the understanding of constitutional developments of property right. Since the commencement of the Constitution fundamental right conferred by Article 31 and Article 19(1)(f) has been modified by six times by the constitutional amendments. The first amendment added two explanatory Articles 31-A & 31-B to the Constitution; the fourth amendment amended clause (2) of Article 31, added clause (2A) to the same Article, inserted new provisions in Article 31-A and enlarged the ninth schedule; the seventeenth amendment further elaborated the definition of ‘estate’ in clause (2) of Article 31-A; and the twenty fifth amendment amended Article 31(2), added clause (2-B) and added a new Article 31-C. In the forty second amendment Article 31-C was substituted by the words “ the principles specified in clause (b) or clause (c) of the Article 39” for the words “all or any of the principles laid down in part IV of the Constitution”.

finally forty fourth amendment repealed the entire Article 31 and Article 19(1)(f) & inserted Article 300A.

Ninth Schedule – A Protective Umbrella

Article 31-B, does not by itself give any fundamental right. The Acts and regulations placed under ninth schedule shall not be deemed to be void or ever to have become void on the ground of its inconsistency with any fundamental right. In Kameshwar Singh 80 case, the Supreme Court said that no Act brought under the ninth schedule could be invalidated on the ground of violation of any fundamental rights.

With the introduction of the above amendment, it became very easy for the Government to acquire property and to carryout different agrarian reforms. Firstly the acquisition laws under the fear of being challenged were inserted in the ninth schedule by the constitutional amendments and thereby the concerned laws were made immune from challenge against any of the fundamental rights guaranteed under part III of the Constitution.

So for now right to property in india is a statutory right under the article 300A of Indian constitution.

 

Arunachal Pradesh Tax and economic reforms

by

Arunachal Pradesh Tax and economic reforms

Major Land Mark Economic Reform Goods and Service tax

The launch of GST on July 1, 2017 was indeed a historic occasion and a paradigm shift as India moved towards ‘One Nation, One Tax, One Market’.

Benefits:

  • Consumers – Removal of cascading in taxes and efficiency gains will bring down the overall cost paid by consumers.
  • Trade and Industry –
  1. It will benefit because of uniform single indirect tax throughout the country, seamless flow of input tax credit, removal of tax related barriers ate inter-state borders, reduced logistic costs, end to end IT enabled system and minimal interface with tax authorities.
  2. Exports will become more competitive and Make in India programme will get a major fillip due to increased ease of doing business and protection from cheap imports as all imports will be subject to integrated GST, in addition to the basic custom duty.
  • Manufacturers – They will be able to take rational decisions with regard to sourcing of raw materials, location of manufacturing and warehousing facilities.
  • Central and State Governments – Will witness tax buoyancy and the tax collection costs will reduce significantly.
  • Ease of doing business –
  1. Simpler tax regime with fewer exemption
  2. Reduction in compliance costs – no multiple record keeping for a variety of taxes so lesser manpower needed
  3. Simplified and automated procedures for various processes such as registration, returns, refunds etc.
  4. All interaction to be through the common GSTN portal – minimal public interface between the tax payers and administration
  5. Harmonization of laws, procedures and rates of taxes

Need for Constitutional Amendment:

  • Indian constitution had clearly demarcated the fiscal powers between Centre and States as per the entries in Union and State list.
  • Centre – Levy tax on the manufacture of goods (except alcoholic liquor for human consumption, opium, narcotics etc.). Centre, alone, is also empowered to levy service tax.
  • State – Levy tax on the sale of goods.
  • In case on inter-state sales, the Centre had power to levy tax (the Central Sale Tax) by the tax was collected and retained entirely by the states.
  • Amendment concurrently empowered the Centre and States to levy and collect GST.

Journey to launch of GST in India:

  • The idea of GST was first mooted in 2000 and a committee was set up under the chairmanship of Asim Dasgupta (the then West Bengal Finance Minister).
  • In 2003, another task force under Vijay Kelkar to recommend tax reforms were formed.
  • During the presentation of 2006-07 union budget, the govt. proposed to introduce GST from April 1, 2010.
  • The constitutional amendment (122nd) bill was introduced in 2014 and finally became act in September 2016. It became the 101st Amendment act.

Constitution (101st Amendment) Act 2016:

  • It empowers both, the Centre and the States, to levy and collect GST.
  • The GST has been defined as a tax on supply of goods or services or both, except supply of alcoholic liquor for human consumption.
  • Thus, alcohol for human consumption has been kept out of the GST by way of the definition of GST in the constitution.
  • On the other hand, five petroleum products viz. petroleum crude, motor spirit (petrol), high speed diesel, natural gas and aviation turbine fuel have temporarily been kept out and GST council would decide the date from which they shall be inducted in GST.
  • Inter-State supply of goods and services (Integrated GST, IGST) would be levied and collected by Centre. It will ensure that the GST is truly destination based consumption tax and there is seamless flow of input tax credit, even when goods and services are moving from one state to another state.

The GST Council of Arunachal Pradesh Tax and economic reforms:

  • The guiding principle of the GST Council is to ensure harmonization of different aspects of GST between the Centre and the States as well as among States with a view to develop a harmonized national markets for goods and services within India.
  1. Chairperson – Union FM,Arunachal Pradesh Tax and economic reforms
  2. Vice Chairperson – to be chosen amongst the ministers of State Govt.
  3. Members – MOS (Finance) and all Ministers of Finance/Taxation of each state
  4. Quorum – 50% of total members
  5. States – 2/3 weightage and Centre – 1/3 weightage
  6. Decision by 75% majority (the weightage of voting has been so assigned that it is not possible for either the Centre or the states to take any decision unilaterally)
  • However, till now all the decisions in the council have been taken by consensus and there has not been any occasion for voting.
  • The difficult issue of cross empowerment and administrative division of tax payers between the states and center was resolved in a true spirit of give and take.
  • Council to make recommendations on everything related to GST including laws, rules and rates etc.
  • The newly created constitutional body, the GST Council, has emerged as a new model of cooperative federalism, where the centre and the states are willing to share and pool in their sovereignty and give fiscal space to each other.

Compensation to the Arunachal Pradesh Tax and economic reforms:

  • As GST is a destination based tax, there was an apprehension that many manufacturing states might lose revenue after implementation of GST.
  • Hence, the act provides for the compensation to the States for loss of revenue arising on account of implementation of GST for a period of 5 years.
  • The compensation act has fixed the revenues of the year 2015-16 as the base year revenues and further a nominal annual growth rate of 14% has been provided.
  • The Act provides for levying of a cess, which shall be used for compensation to the states in case there is loss of revenue. This cess shall be levied on luxury items and goods.

Deciding Tax Rates of Arunachal Pradesh Tax and economic reforms:

  • While deciding tax rates, the council has tried to achieve balance between three objective:
  • To ensure that interests of poor and vulnerable sections of the society are protected and goods of mass consumption and essential commodities remain at affordable level.
  • To ensure that the overall revenues of the States and the Centre are protected.
  • To see that the tax incidence on the goods and services does not increase or decrease substantially from the present incidence of tax.
  • Hence four tax rates of 5%, 12%, 18% and 28% slabs have been decided.

Supporting Medium and Small Enterprises:

  • The law provides for an exemption threshold where by it is not mandatory for a business whose aggregate turnover in a financial year is less than Rs. 20 lakh ( Rs. 10 lakh for special category states) to register.
  • There is also a composition scheme under which an eligible registered person, whose aggregate turnover in preceding financial year did not exceed Rs. 75 lakhs can opt to file summarized returns on a quarterly basis.
  • The taxpayers dealing in goods and restaurant sector can only opt for the composition
  • Under the composition scheme, the manufacturer will pay tax at the rate of 1%, restaurant sector @ 2.5% and traders @ 0.5% of the turnover each under CGST act and SGST act.
  • However, the service providers and the tax payers making inter-state supplies or making supplies through e-commerce operators are not eligible for composition scheme.

Tracking Tax leakages and Corruption:

  • The mechanism of matching of invoices will ensure that the input tax credit of purchased goods and services will only be available if the taxable supplies received by the buyers get matched against the taxable supplies received by the suppliers.
  • The GST Network is responsible for the IT backbone and is geared to generate more than 3 billion invoices per month.
  • It will check tax frauds, tax evasion and would bring more and more businesses into formal economy.
  • Tax payers can register, file returns and make payment of taxes on a single portal on the
  • Even in rare case, if the tax payer is to interact with the tax authorities, he will have to interact with only one authority either from the State govt. or from the Central govt.

Conclusion:

The launch of GST is a transformative reform and will change the way businesses are done in India. Radical change of this magnitude is bound to bring about some pain bu the gains of little pain are going to be many and long lasting for the Indian economy.