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SECURE SYNOPSIS: 12 AUGUST 2017


SECURE SYNOPSIS: 12 AUGUST 2017


 

NOTE: Please remember that following ‘answers’ are NOT ‘model answers’. They are NOT synopsis too if we go by definition of the term. What we are providing is content that both meets demand of the question and at the same time gives you extra points in the form of background information.

 

Topic:  Post-independence consolidation and reorganization within the country. 

1) Discuss the evolution and major trends in the Naxalbari movement. (200 Words)

EPW

Introduction :-

Naxalite are basically the followers of Maoists political sentiments and ideology, they refers to the various militant communists groups operating in different parts of India under the name of different organization.

  • The naxalite movement was first initiated in small village of West Bengal, where a section of Communist Party of India(Maoists) (CPM) led by Kanu Sanyal and Jangal Santhal initiated a violent uprising in 1967.
  • Naxal or Naxalite has no meaning as such, but the word Naxalite is derived from the name of village Naxalbari in West Bengal where the Naxalite movement was initiated . This uprising was against the landlords and aims at distribution of land to the landless poor people.
  • So initially Naxalite movement was for landless tribes and gain much support among them. The Naxalite movement first concentrated on West Bengal and Andhra Pradesh but declined due some reasons like: state force, land reforms by Government, splits within the Naxalites and many others.
  • The movement didn’t ends here, parts of the maoists cadre which remained intact in earlier phase, started there political operations in new districts, especially in forested areas, where people were exploited by the contractors, local politician and local bureaucrats. These factors provided fuel to the expansion of Naxalite movement.
  • Maoists groups like People’s War Group ( PWG), Maoists Communists Center (MCC), The Red Flag and others arose again and spread in the tribal areas. These groups came together in September 2004 to form The Communists Party of India (Maoists).The Naxal infected areas as the Indian Government calls them falls under fifth Schedule area that have special status in Constitution for the purpose of preserving tribal existence.
  • The Government claims that almost one fourth of the 600 district in 12 Indian states consisting of 7,000 villages and 19% of the Indian forests are “extremism affected “. This could be considered as one of the reason, though not much influencing, for the stronghold of Naxal ideology and movement in India. Between 2005 and 2008, there has been a threefold increase in Maoists’ armed cadres.
  • They mainly get support from the tribal, Dalits , the poorest and most deprived section of the Indian people who face economic, social and political exclusion, denial of justice, unresolved land disputes, non- payments of minimum wages, eviction from their land on account of mining and other projects, attacks from the upper castes, contractor lobbies, etc. Reports show that violence against them is increasing resulting in the strengthening of this movement.
  • The areas where Government is unable to perform or is absent, are main targets of Maoists and this non functionality of government is evident from the poor condition of schools and primary health centers. Earlier Maoists used the voids created by government to establish their alternate system of power, and now the condition has become so worse that they are not providing any space to government for carrying out development activities. Hence they are exploiting the gap between government and people to spread their movement and not allowing government to fill those gaps while people are resilient by force not by choice.

TIMELINE

1964
CPM splits from united CPI and decides to participate in elections, postponing armed struggle over revolutionary policies to a day when revolutionary situation prevailed in the country.

1965-66
Communist leader Charu Majumdar wrote various articles based on Marx-Lenin-Mao thought during the period, which later came to be known as ‘Historic Eight Documents’ and formed the basis of naxalite movement.
· First civil liberties organisation was formed with Telugu poet Sri Sri as president following mass arrests of communists during Indo-China war.

1967
CPM participates in polls and forms a coalition United Front government in West Bengal with Bangla Congress. This leads to schism in the party with younger cadres, including the “visionary” Charu Majumdar, accusing CPM of betraying the revolution.
Naxalbari Uprising (25th May): The rebel cadres led by Charu Majumdar launch a peasants’ uprising at Naxalbari in Darjeeling district of West Bengal after a tribal youth, who had a judicial order to plough his land, was attacked by “goons” of local landlords on March 2. Tribals retaliated and started forcefully capturing back their lands. The CPI (M)-led United Front government cracked down on the uprising and in 72 days of the “rebellion” a police sub-inspector and nine tribals were killed. The Congress govt at the Centre supported the crackdown. The incident echoed throughout India and naxalism was born.

1971
In the background of Bangladesh war, the Army tries to crush the ultra-left movement in West Bengal. Uprising in Birbhum marks the high point of this year.
• Art Lovers change its name to Jana Natya Mandali (JNM) late this year. It joins Communists and start propagating revolutionary ideas through its songs, dances and plays. It functioned legally till 1984.

1972
July: Charu Majumdar is arrested in Calcutta on July 16. He dies in Lal Bazar police lock-up on July 28. Revolutionary struggle suffers serious debacle. CPI (ML)’s central authority collapses.
1973
Fresh guerrilla struggles backed by mass activism emerge in parts of central Bihar and Telangana, now a part of Andhra Pradesh.

1980
April 22: Kondapalli Seetharamaiah forms the Peoples War Group in Andhra Pradesh. He discards total annihilation of “class enemies” as the only form of struggle and stresses on floating mass organisations.
• Mass peasant movement spreads in Central Bihar.

1981
CPI (ML) organises a unity meet of 13 Marxist-Leninist factions in a bid to form a single formation to act as the leading core of the proposed Democratic Front. However, the unity moved failed. The M-L movement begins to polarise between the Marxist-Leninist line of CPI (ML) (Liberation) and the line of CPI (ML) (People’s War).
• First state level rally is held in Patna under the banner of Bihar Pradesh Kisan Sabha beginning a new phase of mass political activism in the state.

1982                                                                                                                                                                      Indian people front formed.

1994                                                                                                                                                                     Indian people front disbanded and election commission recognised CPI(ML) as a political outfit which adopted moderate stand and participated in election.

2004 People’s war group and moist communist centre merged and formed CPI (moist). They completely rejected idea of parliamentary democracy.

 


Topic:  Factors responsible for the location of primary, secondary, and tertiary sector industries in various parts of the world (including India) 

2) Groundwater over-exploitation poses a severe threat to food, water and livelihood security in India. Discuss critically the present approach groundwater regulation and in the light of interrelationship between groundwater, soil moisture and surface water, suggest what new approach is required for groundwater regulation. (200 Words)

EPW

Introduction :- Ground water is the water that seeps through rocks and soil and is stored below the ground. The rocks in which ground water is stored are called aquifers. Aquifers are typically made up of gravel, sand, sandstone or limestone. Water moves through these rocks because they have large connected spaces that make them permeable. The area where water fills the aquifer is called the saturated zone. The depth from the surface at which ground water is found is called the water table. The water table can be as shallow as a foot below the ground or it can be a few hundred meters deep. Heavy rains can cause the water table to rise and conversely, continuous extraction of ground water can cause the level to fall.

Few statistical data :-

India is the world’s largest user of groundwater, withdrawing an estimated 250 cubic kilometres per year (km³/ year), more than twice that of the United States (US), the country with the second highest quantity of withdrawal. India currently has the largest land area under groundwater irrigation in the world (an estimated 27 million hectares in 2007), which amounts to 53% of its total irrigated area. More than 50% of urban water and most of the rural domestic water supply in India is sourced from groundwater. Equally important, the rate of growth in groundwater extraction has been phenomenal: from 10–20 km³/year in 1960 to more than 250 km³/year today. However, this level of groundwater use cannot be sustained. Already, 16% of India’s districts are classified as “overexploited” or “critical”. The problem is particularly acute in western and north-western India as well as the hard rock regions of peninsular India.

Institutional framework :-

Within the central government, the Ministry of Water Resources, River Development and Ganga Rejuvenation is responsible for the conservation and management of water in the country. The Ministry of Rural Development also implements certain programmes related to ground water management. In addition, the Ministry of Environment, Forests and Climate Change is partially responsible for the prevention and control of pollution, including water pollution, and ground water contamination. In addition, there are four major central institutions that address issues related to ground water. The main roles of these institutions are summarized in the table below:

Present approach :-

Currently, the Easement Act, 1882 provides every landowner with the right to collect and dispose, within his own limits, all water under the land and on the surface. This makes it difficult to regulate extraction of ground water as it is owned by the person to whom the land belongs. This gives landowners significant power over ground water. Further the law excludes landless ground water users from its purview.

The methodology laid out by CGWB’s Groundwater Resource Estimation Committee (1997) for classifying an area into one of four categories: (i) Safe areas that have groundwater potential for development, (ii) Semi-critical areas where cautious groundwater development is recommended, (iii) Critical areas, and (iv) Overexploited areas, where there should be intensive monitoring and evaluation, and future ground development should be linked with water conservation measures. By this approach If 90% or 95% of recharge is considered available for extraction, then it is obvious that the CGWB is operating on a bucket model or a “slightly leaky” bucket model which is not sound.

historically, in surface water regulation, the link between groundwater and surface flows has been recognised only slowly and partially.

Required new approach :-

The first step would be to make the shift in scientific circles. Hydrologists must stop describing the total annual utilisable water resources of India as so many km³ of surface water and so many km³ of groundwater, because this erroneously suggests a fixed partitioning between surface and groundwater. It also frequently results in a “double accounting” problem, where the same unit of water is counted twice: once as groundwater recharge, and once as baseflow.

The second step would be to make the necessary changes in the legal framework. We need to question whether a model groundwater bill separate from a draft national water bill is even necessary. Even if they are deemed necessary, the bills must mirror each other and use a consistent set of hydrologic and legal assumptions.

The third step would be to get agencies to acknowledge that decisions on fair allocation between users are not scientific or technical decisions. Any water use (water abstracted minus return flows) at any point, whether of surface or groundwater, reduces the availability at some other point in space and time.

 


Topic:  India and its neighborhood- relations. 

3) Do you think China has been able to convert its geo-economic power, as the world’s largest trading nation with huge investible dollar surpluses, into military might and geo-political clout? In the light of Doklam issue, critically comment. (200 Words)

The Indian Express

What is Doklam issue?

In June 2017, Doklam became the site of a stand-off between the armed forces of India and China following an attempt by China to extend a road from Yadong further southward on the Doklam plateau. Unlike China and Bhutan, India does not have a claim on Doklam; however, India supports Bhutan’s claim on the territory.

According to the Bhutanese government, China attempted to extend a road that previously terminated at Doklam towards the Bhutan Army camp at Zornpelri near the Jampheri Ridge two km to the south; that ridge, viewed as the border by China but as wholly within Bhutan by both Bhutan and India, extends eastward approaching India’s highly-strategic Siliguri corridor.

On 18 June, Indian troops apparently crossed into the territory in dispute between China and Bhutan in an attempt to prevent the road construction. In a 1949 treaty, Bhutan agreed to let India guide its foreign policy and defence affairs. In 2007, the treaty was superseded by a new friendship treaty that replaced the provision that made it mandatory for Bhutan to take India’s guidance on foreign policy, providing broader sovereignty to Bhutan and not requiring it to obtain India’s permission over arms imports.

Chinas’ Growth:

China’s economic achievements in the last three decades of 10 percent-plus GDP growth have inspired awe around the world. The consequences—the accumulation of hard power in all its forms, China as the world’s manufacturing workshop, the trillion dollar foreign exchange surpluses, the ability to determine commodity prices in world markets, the presence of China in most global value and production chains, and so on. The speed and scale of China’s transformation are astonishing. As a rising power, meanwhile, China is determined to have an independent say in the economic, political, and security order around her and in the world.

Although with these developments there is significant gap between geopolitical and economic power. This gap can be analysed in following points:

  1. The geopolitical claims of china of South China Sea and islands are challenged by neighboring small nations with all their powers. No claims have been accepted just because of economic strength of China. This shows the resistance shown by small neighbouring countries of China.
  2. Many countries has shown suspicious attitude towards one belt, one road initiative. Getting it done successfully has been challenged by many countries, including India.
  3. Though the China has created its significant impact of South Asian and East Asian countries, the West Asia is far away from its influence. The West Asian countries are struggling to deal with establishment of peaceful government and thus China’s raising influence matter comparatively less for them.
  4. There has always been the criticism about the investment model of China in foreign land. The issues of environmental degradation and human rights violation, mainly in African nations has been criticised all over the world.
  5. United States of America has the Asia centered policy of “pivot to Asia’’. This policy has established a significant challenge to the growth of China.
  6. The issue of Taiwan sovergniety and peoples movement linked with it has drawn varied critical opinion about One China policy, proposed by Chinese government.

All these issues point towards the existing challenges in front of China despite its military might. It is not the time to call China as a superpower in any terms.

 

 

 

 

 

 

 


Topic:  Mechanisms, laws, institutions and Bodies constituted for the protection and betterment of these vulnerable sections. 

4) “The Forest Rights Act did not emerge from struggles for the control over forests alone, but was a product of an ongoing intersection between political conflict, features of Indian capitalism, and the conceptions of “environment” and “development” in India’s political discourse.” Discuss. (200 Words)

EPW

Ten years after the historic Forest Rights Act (FRA) was passed by the Indian lawmakers, only 3% of villages or communities could secure their rights over forest resources which include land and the produce from the forests and water, states the Citizens’ Report prepared by Community Forest Rights – Learning and Advocacy, a network of organisations working on securing rights for the forest dwellers in the country.

Various factors that have prevented the proper implementation of the FRA since its passage in 2006 include:

  • Process of documenting communities’ claims:

The process of documenting communities’ claims under the FRA is intensive — rough maps of community and individual claims are prepared democratically by Gram Sabhas. These are then verified on the ground with annotated evidence, before being submitted to relevant authorities.

The Gram Sabha is treated as a public authority under the FRA, and if the higher authorities under the law reject its claims, substantive reasons have to be provided for doing so. This exhaustive process is why the official diktat to implement the FRA so quickly lacks any understanding about the extent of the task and labour involved.

  • Reluctance of the forest bureaucracy to give up control:

Another main factor inhibiting the FRA’s full implementation is the reluctance of the forest bureaucracy to give up control. The forest bureaucracy has misinterpreted the FRA as an instrument to regularise encroachment. This is seen in its emphasis on recognising individual claims while ignoring collective claims — Community Forest Resource (CFR) rights as promised under the FRA — by tribal communities.

To date, the total amount of land where rights have been recognised under the FRA is just 3.13 million hectares, mostly under claims for individual occupancy rights.

  • Narrow interpretation of the FRA:

The narrow interpretation of the FRA is also to be blamed. It is against the letter and spirit of the law, which seeks to undo historical injustices and return the forests to community jurisdiction. It also contradicts the estimates for forest area collectively used by tribal and other forest communities that are provided by government agencies themselves.

  • A series of legislation that undermine the rights and protections given to tribals in the FRA, including the condition of “free informed consent” from gram sabhas for any government plans to remove tribals from the forests and for the resettlement or rehabilitation package. The requirement of public hearings and gram sabha consent has also been done away with for mid-sized coal mines.
  • The amendments to the Mines and Minerals (Development and Regulation) Act, the Compensatory Afforestation Fund Act and a host of amendments to the Rules to the FRA also undermine the FRA.
  • The government has declared its commitment to ensuring “ease of business”, which translates into clearing all private sector-sponsored projects in tribal-inhabited forest areas.

What needs to be done now?

  • The government can start by recognising the role played in the FRA’s meagre implementation by the forest bureaucracy’s resistance as well as the acute lack of awareness of FRA’s community rights provisions in State administrations and forest communities. In almost all States, the Forest Department has either appropriated or been given effective control over the FRA’s rights recognition process.
  • This has created a situation where the officials controlling the implementation of the law often have the strongest interest in its non-implementation, especially the community forest rights provisions, which dilute or challenge the powers of the forest department.
  • If the government is serious about implementing the FRA, it should confront the forest bureaucracy and make it clear that any obstruction on their part is unacceptable. The little progress that has been made in implementation so far has been due to close coordination between tribal departments, district administrations and civil society.
  • There is also a clear need to strengthen the nodal tribal departments, provide clear instructions to the State and district administrations, and encourage civil society actors. Without a strong political will, this historical transformation is unlikely to take place.

In spite of its inadequacies, there can be little doubt that the Forest Rights Act (FRA) stands as a powerful instrument to protect the rights of tribal communities. It is a hindrance to corporate interests to their free loot and plunder of India’s mineral resources, its forests, and its water.

 

 

 

 

 

 

 

 

Topic:  Issues relating to development and management of Social Sector/Services relating to Education 

5) Critically analyse the progress and shortcomings of the implementation of the RTE act.(200 Words)

EPW

Introduction:

The Right to Education Act (RTE) is an Act of the Parliament of India enacted on 4 August 2009, which describes the modalities of the importance of free and compulsory education for children between 6 and 14 in India under Article 21A of the Indian Constitution. India became one of 135 countries to make education a fundamental right of every child when the act came into force on 1 April, 2010. The enforcement of this right is a joint responsibility of the state and the center to provide free and compulsory education. Free and compulsory education means that,” All children between the ages of 6 and 14 shall have the right to free and compulsory elementary education at a neighborhood school.

Success of RTE:

  1. The cornerstone of Right to Education is provision of free and compulsory primary education, though the aim is also to provide increasing access to learning opportunities at secondary, technical and higher levels. It was envisaged that under the RTE Act, teaching and learning processes would be stress-free. A programme for curricular reform was also envisaged to provide for a child friendly learning system, which is at once relevant and empowering.
  2. In the last six years, the Right to Education Act has shown promising developments. The government’s budget for the Sarva Shiksha Abhiyan, the main vehicle for the Act’s implementation, has increased substantially from Rs. 12,825 crores in 2009-10 to Rs 22,500 crore in 2016-17.
  3. 5 lakh schools have been opened in the last decade and 99% of India’s rural population now has a primary school within a one kilometer radius. A survey in 2014 reported that 84.4% schools now served the mid-day meals, 48.2% schools had proper and functioning toilets for girls and 73% schools had available drinking water.
  4. The enrolment of girls has increased slightly from 48.12% in 2009-10 to 48.19% in 2014-15 at the elementary level.
  5. With the annual average primary school dropout rate declining from 6.8% in 2009-10 to 4.3% in 2013-14.

Yet a critical appraisal of the functioning of the Right to Education reveals that large gaps exist in its implementation. Even with the increasing primary enrolment rates, India has the largest number of out-of-school children in the world which is more than the out of school children in whole of sub-Saharan Africa. There is a huge disparity between the urban and rural education and rich and poor children have radically different schooling experiences.

Shortcomings of the implementation of the RTE:

One of the most stringent criticisms of the RTE has been the quality of education being provided. Some surveys have revealed that while enrolment in elementary education in our country has increased, there has been a decline in the education outcomes, with abilities in reading, writing and other comprehensive skills deteriorating among children between the ages of 6 and 14. 

The quality of education suffers due to understaffing and lack of training of teachers. The flow of public funds has so far been focused on developing school infrastructure. Teacher training has been a neglected area. An Oxfam India policy report in March 2015 indicated that over 5 lakh sanctioned teacher’s post were lying vacant and more than 6.6 lakh in-service teachers were un-trained. 

Around 37% of primary schools were found to be non-conformant with the prescribed national pupil – teacher ratio (PTR) norm of 30:1. Moreover, around 10% of schools across the country remained single teacher schools. 

The major challenge is the high number of drop-outs and out of school children. As per the Minister for HRD some 6.064 million children remained out of school. 

 The absence of equity in education is another challenge in the implementation of right to education. Of the 6.064 million out of school children, a whopping 4.6 million or 76%, belonged to the Scheduled Castes, Scheduled Tribes and other religious minorities.  Issues, such as those related to the 25% reservation of seats for children from disadvantaged backgrounds in private schools; poor educational infrastructure in rural areas compared to urban centers; cases of discrimination on the basis of caste; and neglect of targeted elementary education schemes for the Scheduled Castes and Scheduled Tribes and other backward communities are serious in nature.

Conclusion:

The transition towards a comprehensive implementation of Right to Education will come through making parents, particularly in rural areas, aware of the benefits of education for their children. This requires a change of mindset at the community level, and accountability of all entrusted with this responsibility.

 Despite the shortcomings in its implementation, the Right to Education Act remains a remarkable achievement. While concerns regarding privatization of education remain, the Act offers a first step towards an educational system in India that provides access, equity and inclusion for all children.

 


Topic:  Environmental pollution

6) Critically analyse the nature of and trends in formal and informal waste governance regime in India. (200 Words)

EPW

Ans –

India’s solid waste is now governed under the SWM Rules of 2016, which replaced the previous Municipal Solid Wastes (Management and Handling) Rules, 2000. The new SWM Rules incorporate a wide variety of best-practices for waste reduction and disposal, including provisions to hold producers responsible for packaging; an emphasis on waste sorting into three general categories: wet (biodegradable materials), dry (recyclables and reusable materials), and domestic hazardous wastes; requirements for new housing developments and housing societies to develop on-site waste collection and management systems; and an emphasis on diverting things according to a waste hierarchy that places landfilling as a last resort.

To the credit of sustained work by many trade unions and advocacy organisations across India, notably Hasiru Dala in Bengaluru, Transparent Chennai, Chintan, and All India Kabadi Mazdoor Mahasangh in Delhi, Kagad Kach Patra Kashtakari Panchayat in Pune, among others, the SWM Rules of 2016 incorporated recognition of the informal sector’s waste networks, repeatedly stressing the need for formal recognition of informal sector workers as well as their integration into a consolidated waste governance project. “Authorised” informal sector workers and “authorised” waste pickers and waste collectors are mentioned throughout the SWM Rules, often with the underlying assumption that local governing bodies will “authorise” them.

Formal Waste governance:

The responsibility of municipal solid waste management lies with the local government, referred to as ‘urban local bodies’ (ULBs). MSW Rules (2000) have been effectively implemented only in a few municipalities till date. It is mandatory to report the status of waste management to central pollution control board, but there is widespread non-compliance. Such non-compliance can be attributed to limited access to funding, and technical and management capacities at the municipal level. None of the policies of waste management have been able to significantly improve waste treatment so far.

Big corporates: new entrants in formal waste governance –

The discards of consumption, previously approached broadly as mere waste, have recently found rebirth in an increasingly corporate waste market in India. Ranging from contracts for waste collection and incineration-plant installation to sales of recyclables, formal businesses are entering the business of revaluing waste, often to the detriment of India’s already existing informal waste sector that has long conducted its own waste-based businesses. This new, increasingly corporate, business of waste is intimately connected to a new waste governance regime in India.

e-waste offers even more opportunities for innovation and entrepreneurship, as it contains a seemingly unlimited set of technological materials for the skilled repairer, re-manufacturer and scrap dealer to work with, and for neighborhood factories that remake old objects into new products.

Informal waste governance:

The widespread failure to effectively manage waste by the ULBs has created the space for the private sector as a solution provider (informal micro, small and medium enterprises) engaged in collecting, segregating and recycling municipal solid waste. Informal sector is doing a great job by reducing the burden of the municipalities by managing certain fractions of waste. But problem lies in the fact that such informal sector participation is not mediated by the ULBs and largely operates without any state support resulting in not so good result. Then again living condition of informal sector workers is very pity-which throws a burning question of-to what extent we can call informal waste governance a good model.

While there is no denying that informal recycling is polluting, intermittently hazardous for workers, and thus in need of improvement, it is equally true that the sector provides widespread employment in Indian cities and manages the country’s e-waste, often innovatively, as metals, plastics and glass are recovered.

Way forward –

While SWM was formerly in the purview of the informal sector, now it is an emerging market, representing the potential for profit through government and private contracts (with promises of cleanliness and the invisibility of waste), as well as from recovery of materials from recyclables or its energy generation through incineration. But it has so far failed to deliver on its promises of providing efficient, cost-effective, and ecologically sustainable solutions for urban waste management. The reasons: poorly formulated contracts, lack of transparency in the bidding process, lax enforcement by government inspectors, failure to adequately incorporate the informal recycling sector into waste management solutions, collusion between firms and municipal officials, political patronage, and weak accountability for performance.

In spite of the poor record, waste management, as it is conceived in the Rules as well as how it is depicted by the Swachh Bharat Abhiyan, provides the perfect opening and incentives for the formal takeover of the informal sector’s already existing network of enterprises.

 

 

 


Topic: Indian economy – planning and development

7) Why was the Insolvency and Bankruptcy Code, 2016 enacted? Discuss the merits and demerits of this law as pointed out by various critics. (200 Words)

The Hindu

Ans –

Insolvency and Bankruptcy Code, 2016, was enacted by the Parliament, with an eye on resolving the festering problem of rising number of insolvencies and bankruptcies, at a time when a legal and institutional framework was lacking.

Some of the other reasons:

  1. To address the problem of rising non-performing assets.
    2. To improve the ease of doing business.
    3. To ensure certainty in the market regarding business decisions.
    4. To help improve trust between the creditors, i.e. the banks and financial institutions, and the debtors, i.e. the corporate firms.

Merits

  1. Overhaul laws : Relating to reorganisation and insolvency resolution of corporate persons, partnership firms, and individuals.
    2. Separate Insolvency Resolutions : Highlighted in the code for individuals, companies and partnership firms.
    3. Insolvency and Bankruptcy Board : which will exercise regulatory oversight over Insolvency Professionals (IP) and oversee Insolvency proceedings.
    4. Timely identification and speedy resolution of assets if viable.
    5. Resolution plan within 180 Days : The onus is on professionals to put forth resolution plans within 180 days.
    6. Ensures Creditors and debtors stick to Code’s mechanisms : Seeks to ensure that there is neither scope for any further claims by the creditors, except through the Code’s mechanisms, nor for the corporate debtor to challenge the claims made by the creditor. This may be a positive in some cases.

Demerits –

  1. Not enough done to protect right of companies : The Code accepts the unquestionable word of the creditors. At various stages — of admission of the insolvency proceedings, of appointing the IP, of finalising the resolution plan — the Code fails to provide any opportunity to the corporate debtor to make a representation. This may be a negative in some cases.
    2. Code does not provide qualifications of IP: The Code is deficient in providing a yardstick for the qualification of the interim and of the final insolvency resolution professionals. 
    3. Concerns for confidentiality obligations : The Code allows access to the information memorandum put together by the IP without restricting competitor or imposing any confidentiality obligations. (Must be noted that there is no law protecting confidentiality and vitiates the fundamental right to business under Article 19(1)(g).)
    4. Code prohibits withdrawal of the application : Already challenged – Lokhandwala Kataria Construction (P) Ltd. V. Nisus Finance and Investment Managers LLP (2017), wherein a settlement proposal was taken on record by Supreme Court and the appeal was disposed of. However, this cannot be held as a precedent.

Conclusion –

In short, the Insolvency and Bankruptcy Code does indicate the government’s resolve to address the issue of rising levels of stagnancy in credit flow and productive investment, due to the ongoing state of health of the business firms. But Code still requires a lot of hand-holding by the judiciary to put in place adequate safeguards and guidelines to ensure its smooth, effective, and fair enforcement.  As the law is in it’s nascent stage teething problems are bound to occur and government should effectively amend it as per the exigency arisen else the law will become a dead wood.

 

 


Topic:  Contributions of moral thinkers and philosophers from India and world.

8) Examine features of Immanuel Kant’s theory of justice. (150 Words)

Reference

Introduction :- The philosopher Immanuel Kant believed that his retributive theories of justice were based in logic and reason. Immanuel Kant distinguished justice from other moral principles by noting that the rules of justice pertain exclusively to external actions and do not depend on virtuous motives for their fulfilment. We cannot compel others to be virtuous, since virtue presupposes a free act of the will; but we can rightfully compel others to observe the rules of justice and punish those who violate rights.

Kant’s theories of autonomy and free decision making make up the foundations for his view on ‘just deserts’. The theory submits, first of all, that everybody is duty bound to respect each others rights. Kant goes on to suggest that adhering to the law is a sacrifice of one’s right to freedom of choice. Therefore, those that commit crime gain an unfair advantage over those that do not. Punishment is used as a means to redress the balance between the law abiding citizens and the criminals, removing any unfairly gained advantage from the criminals.

Some corollaries :-

  • Justice is concerned only with external actionsby which one person can influence other people, whether directly or indirectly.
  • Justice is not concerned with the desires, wishes, or needs of other people. These matters pertain to the voluntary virtues of benevolence and charity, whereas justice is concerned with whether or not we respect the equal freedom of others to live their lives as they see fit.
  • Justice is concerned solely with the form of interpersonal relationships, not with their content. Thus if I purchase a commodity from a shopkeeper, justice is satisfied if the form of that relationship is voluntary. Whether the shopkeeper hopes to profit from the transaction, or how much he  actually gains—these and similar issues pertain to the contentof the transaction and do not fall within the purview of justice.  

 


Topic:  Contributions of moral thinkers and philosophers from India and world.

9) Give a brief overview of Kant’s ethics. (150 Words)

Reference

Introduction :-  Kantian ethics refers to a deontological ethical theory ascribed to the German philosopher Immanuel Kant.

The theory, developed as a result of Enlightenment rationalism, is based on the view that the only intrinsically good thing is a good will; an action can only be good if its maxim – the principle behind it – is duty to the moral law.

Central to Kant’s construction of the moral law is the categorical imperative, which acts on all people, regardless of their interests or desires.

Kant formulated the categorical imperative in various ways. His principle of universalizability requires that, for an action to be permissible, it must be possible to apply it to all people without a contradiction occurring.

His formulation of humanity as an end in itself requires that humans are never treated merely as a means to an end, but always also as ends in themselves.

The formulation of autonomy concludes that rational agents are bound to the moral law by their own will, while Kant’s concept of the Kingdom of Ends requires that people act as if the principles of their actions establish a law for a hypothetical kingdom.

Kant also distinguished between perfect and imperfect duties. A perfect duty, such as the duty not to lie, always holds true; an imperfect duty, such as the duty to give to charity, can be made flexible and applied in particular time and place.