Thursday, 25 June 2015

Do you think there should be minimum educational qualification for ministers to manage important sectors such as higher education efficiently ? Critically comment. (200 Words)

Ans:

The constitution of India does not mandate educational qualifications for becoming a minister. The only eligibility criteria being age. The rationale of the founding fathers for this move is the immense trust they had on the people in choosing suitable representatives and the capability of Indians to hold any difficult position.

In recent times especially post liberalisation, governance has become complicated. It requires proficiency and specialisation for better governance. Ministries such as finance, HRD, defence and external affairs etc. require plethora of skills and experience. In this regard, the question of minimum educational qualification for certain ministries is raised.

Arguments for :
1) The utility of education is known. Educational qualification hence would make ministers more adept at dealing with intricacies of governance.
2) Knwoledge on the given field would be an added advantage. A doctor to head the health ministry would be more effective in understanding and designing policies.
3) High educational qualification of ministers could motivate people to pursue higher studies especially the poor who see politicians as inspiration.
4) Eduvation will make it easier for the bureaucrats to deal with the minister.

Arguments against :
1) It goes against the spirit of our founding fathers of keeping the doors of governance open to every citizen of India.
2) Mandating compulsory educational qualification has the potential to create a barrier between the educated and non educated.
3) Educational qualification may be the start of introducing more such restrictions such as religion, gender, caste etc. It is against the spirit of democracy.
4) Morover, to determine the level of educational qualification which would be sufficient is itself ambiguous. Additionally, treating certain ministries differently is another issue. If ministries itself require educational qualification, then what about prime ministership?
5) The permanent executive is there to assist the political executive in dealing with the ministry, hence public spiritedness is more important than education.

The balance of the arguments and the spirit of the constitution suggest that compulsory educational qualification should not be imposed. Education does not guarantee performance, it is public spiritedness and the checks and balances inherent in our institutions which shall and will.

Write a critical note on the objectives and performance of the National Mission of Food Processing (NMFP) Scheme . (200 Words)

Ans:

-National Mission of Food Processing (NMFP) was a centrally sponsored scheme (CSS) introduced in 2012. The mission was to promote food processing industries in India by providing infrastructural support and 75% financial cost to the state governments.

Objective:
-The objective of the NMFP is-
1. to assist state governments in setting up infrastructure for food processing industries.
2. to spread the message about food processing and thus help in enhancing agricultural productivity.
3. to promote skill development for post-harvest and food processing industries.
4. to assist MSME in setting up Food processing units in terms of capital/technology/skill etc
5. to ensure and enhance food safety laws.

Performance:
-NMFP has performed very well within the last few years. This is evident from the fact that investors are still ready to invest in food processing units.

-Currently, the central government has decided to de-link the project and let the state government run it on its own. This led the central government to stop giving existing 75% fund to the state government.

-The state government should now focus to use the 10% extra revenue sharing given by the central government, as per the fourteenth Finance commission recommendations in funding the NMFP.

-the food processing industry in India is a rising and promising industry with investors ready to pump in money. This project should not be affected by the withdrawal of central government’s share in it. Instead state government should use this opportunity to mould the project according to its own needs and help increase farmers productivity.

“If IFS has to perform effectively, its elitism should be preserved, its attractiveness enhanced, and it should be brought to the centre of international relations as it was originally intended to be.” Do you agree with this view? Critically comment.

Ans:

Indian Foreign Service(IFS) is the nerve centre of diplomacy. With growing complex world relations IFS plays a major role but the elite nature of IFS is vanishing due to various reasons:

1. Personnel inadequacy: present intake of IFS officers (900) are too less compare to increasing missions of diplomacy.

2. Lateral entries: lateral entries of many IAS officers who are send in mission without proper training due to this quality of service is compromised. Even many ministries have officers who are specialised in international negotiations this creates disillusionment among IFS officers who are specially trained for the purpose.

3. No direct entry: IFS officers are recruited from same common entrance exam, so
disheartened aspirants who have not cleared for IAS opt for IFS, this reduces the zeal among officers

4. Less attractive and less desirable among aspirants

Reforms needed:

1. It should be made more lucrative so that the right candidate is chosen

2. Practice of ad hoc postings need to be ceased

3. Financial compensation for tough assignments

4. Shortage of personnel is not on mission abroad but in headquarters so temporary deputation from various ministries should be made

5. Separate entrance exam should be there for IFS so that only interested candidate may come forward for this

In many countries IFS is elitist service, India also should work towards in bringing its eliteness by strengthening its professional and specialized character.

Critically analyse the finding of the first national Socio Economic Caste Census (SECC). (200 Words)





Ans1:

1) 1/3rd of rural households has an uncertain source of income and lives in kutcha houses. Under SECC data, these will now be considered as poor under various schemes such as NFSA, RSBY, JSY etc.It will reducing leakage and also provides clear definition for identifying the poor which were missing in previous committees such as tendulkar, rangarajan etc.

2) 21% of total poor in rural areas belong to SC/ST. This brings out the fact that schemes targeted at these groups have not able to provide the required affects. Renewed attention with necessary changes in guidelines and implementation is need of the hour. 

3) The total percentage of poor under SECC is 31%; this puts an upper limit on the number. This will reduce fraud inclusions. But people who are drawn under the BPL line due to inflation, disaster etc. after the SECC has been conducted will remain out of the purview is a cause of concern.

4) MP is the poorest state in terms of less than 5k income a month with one kutchha house per household followed by chattisgarh and bihar. There is a greater need to financial and capacity support from the centre to these states.

The SECC list holds great significance for proper delivery of benefits under various government schemes. It is placed in public domain and also scrutinize by the GS. The claims raised against some households are re-surveyed. These facts provide credibility to the SECC data. The few concerns are that SECC list available on web is in image format making it difficult to use search option.
Ans2:

Ministry of rural development commenced the first 'Socio Economic and Caste census' in 2011 through a comprehensive door to door enumeration throughout the country .
Objective :
i) It can find number of people below poverty line.
ii) Authentic information that will analyse caste based population.
iii) Socio-economic status of the country.
Findings and analysis:
i) Nearly one in every three household still have uncertain source of income and they live in one room kutcha house. This data is helpful in analyzing number of people below poverty line and hence states could take adequate measures by providing them a source of income to uplift there condition.
ii) It will ensure better targeting of government schemes.
iii) Data on rural households include three categories
a) Those that were compulsory excluded
b) Those that were compulsory included
c) Those who lie in between.
iv) Data helped in analyzing the income of households, SC/ST population , housing possessions.
v) Those who were included are the one that were without shelter, destitute which account for less than one percent.
vi) Those who were excluded were the one having motorized vehicle , Kisan credit card with limit above 50,000 which were 39.4%.
Finding of census are similar to Rangarajan committee report which pegged poor at less than 32 rupees spending which was in contrast to Tendulkar committee report.
Findings of the report are still preliminary . Census on urban data will throw a better picture.

Recently the Law Commission informed the Supreme Court that the punishment for filing false affidavit by poll candidates be enhanced to a two-year prison-term and the person disqualified from contesting elections. Critically examine the issue and comment why such candidates be punished harshly. (200 Words)

Ans:

Supreme Court held that disclosing of information including the criminal antecedents in the affidavits is an important process which helps the voter to make well informed choices. Filing of false affidavits has a direct bearing on the integrity of an election.

Ensuring free and fair elections is a basic feature of our constitution.
Recent issue of the Ex-Delhi law minister who filed false affidavit as a degree holder of law, this attempt needs to be seen as the deliberate attempt to influence voters which the principles of our constitution.

Filing of false affidavits is an issue included under Section 125 A of the RP Act. This section acted as immunity for those who are committing such frauds, as this act entitles punishment of 6 months or a fine.

Firstly, the candidate can't be disqualified for filing a false affidavit and secondly delay in the court proceedings resulting in an unduly longer period between the framing of charges and conviction. These loopholes resulted in making this provision by the offenders as a mockery on democracy.

SC had asked the Law Commission to provide framework for curtailing these kind of offences. Commission had recommended that, Section 125 A be included under the Section 8(1) of the RP Act which results in the disqualification of an elected representative for filing false affidavits.

Strengthening of the law might act as an abundant caution against these offences. But, major difficulty lies in catching these offenders as it would be difficult and lengthy process for identifying such cases and bringing them to the justice.

Thursday, 11 June 2015

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Wednesday, 10 June 2015

Union Government gives nod to promulgation of Ordinance to amend Negotiable Instruments Act, 1881

Union Government has given nod for promulgation of Ordinance to amend Negotiable Instruments Act, 1881. 

Decision in this regard was Union Cabinet meet chaired by Prime Minister Narendra Modi in New Delhi. 

The ordinance paves way for filing of cheque bounce cases in place where the cheque was issued. 

This move that will benefit around 18 lakh people involved in such cheque bounce cases. 

In May 2015, The Negotiable Instruments (Amendment) Bill, 2015 was passed in Lok Sabha. 

However the bill was not able pass in Rajya Sabha where ruling NDA government is in minority. 

Background In 2014, Supreme Court had ruled that cases against those having defaulted on their cheque payments only need be filed in courts under which jurisdiction of the bank account of the accused fell. 

However, this ruling was not payee-friendly. So in order to protect of payee Union government brought amendment bill to by-pass the court’s order. 

About Negotiable Instruments (Amendment) Bill, 2015 

The amendment bill adds provision to specify the territorial jurisdiction of the courts in cases related to bouncing of cheques which was not present in the parent Act. 

It says that cases in this regard need to be filed only in a court in whose jurisdiction the bank branch of the payee lies. 

It also adds provision related to more than one case is filed against the same person before different courts for bouncing of cheques. 

In this matter, the case will be transferred to the court that has appropriate jurisdiction. The bill also amends the definition of cheque. 

Now it defines it as cheque in the electronic form which is signed in a secure system with a digital signature or using electronic system and drawn in electronic medium using any computer resource. 

About Negotiable Instruments Act, 1881 

The Act defines bills of exchange, promissory notes, cheques and creates penalties for issues such as bouncing of cheques. It also specifies circumstances under which complaints for cheque bouncing can be filed.