Q1. Bommai case is one of the most quoted verdicts in the country’s political history. Discuss its verdict and its implications.(250 words)
Bommai case judgement is one of the landmark judgments given by the Supreme court with respect to centre state relations .The views expressed by the court in this case are similar to the concern showed by the Sarkaria Commission.
Supreme Court issued the historic order, which in a wayput an end to the arbitrary dismissal of State governments under Article 356 by spelling out restrictions.
Verdict concluded that thepower of the President to dismiss a State government is not absolute.
The verdict said the President should exercise the power only after his proclamation (imposing his/her rule) is approved by both Houses of Parliament. Till then the President can only suspend the Legislative Assembly by suspending the provisions of Constitution relating to the Legislative Assembly.
The dissolution of Legislative Assembly is not a matter of course. It should be resorted to only where it is found necessary for achieving the purposes of the Proclamation.
In case both Houses of Parliament disapprove or do not approve the Proclamation, the Proclamation lapses at the end of the two-month period. In such a case, the government which was dismissed revives.
The Court made it amply clear that a Presidential Proclamation under Article 356 is is subject to judicial review.
Article 356 could only be resorted to when there was a breakdown of constitutional machinery, as distinguished from an ordinary breakdown of law and order.
This caseput an end to the arbitrary dismissal of State governments by a hostile Central government.
The verdict also categorically ruledthat the floor of the Assembly is the only forum that should test the majority of the government of the day, and not the subjective opinion of the Governor.
Whenever the case of a hung Assembly, and the subsequent exercise of government formation, came up, the Bommai case would be cited, making it one of the most quoted verdicts in the country’s political history.
Its relevance to the current political scenario in Karnataka emerges from the court’s assertion that the only relevant forum to test the majority of the government of the day is on the floor of the house. The opinion of the Governor does not matter.
Still, the judgement delivered by the Supreme Courtstrengthened the federal structure of Indian polity which had hitherto been damaged on several occasions particularly when different political parties were in power at the Centre and the State.
Since the Bommai judgment of 1994 and Narayanan’s interventions of 1997 and 1998, instances of the wanton imposition of President’s rule dwindled considerably. Reinstatement of governments suspended under article 356 recently has been in Uttarakhand and arunachal pradesh.
Q2. Discuss the steps taken by the government for improving the ease of doing business in India and what more needs to be done.
Steps taken by government:-
The Central Board of Excise and Customs (CBEC) launched CustomsSingle Window Interface for Facilitating Trade (SWIFT) for speedier clearance of inbound shipments.
The clearance time of cargo will now be two to three days only.
This will greatly reduce transaction costs for traders
National Investment and Infrastructure Fund (NIIF) :-
NIIF was set up in December 2015 to catalyse funding into the country’s infrastructure sector.
The platform will reduce the cost of moving cargo between port and origin and destination
Goods and Services Taxis seen as one of the biggest reforms in India’s history aimed to make complex taxation system easier.
The Insolvency and Bankruptcy Code, under which it has become easier to take necessary action against failed companies, has also improved India’s position in ease of doing business as it would lift the confidence of investors who now have a mechanism in place to recover their money.
The government introduced a lot of simplification measures aimed to attract more businesses in India. From reducing red-tapism to speeding up construction permits, the government has undertaken several changes to make it easier for global players to register and establish their businesses in India.
Ease in the payment of taxes online, the possibility of submitting building plans in advance of applying for a construction permit, a new form for business incorporation that combines the permanent accountnumber or PAN with the tax account number or TAN
Reduction in the time required to complete provident fundand state insurance applications.
Initiatives taken by Sebiin the area of “ease of doing” business include
Rationalisation of knowing your customer (KYC) norms
Increasing the number of arbitration centers and simplifying FPI (foreign portfolio investor) norms for investing in the debt market.
Dealing with construction permits:
India made obtaining a building permit faster by implementing an online single-window system for the approval of building plans.
India has strengthened access to credit by amending the rules on the priority of secured creditors outside reorganisation proceedings and adopting a new insolvency and bankruptcy code.
Trading across borders:
India reduced border compliance time by improving infrastructure at the Nhava Sheva Port in Mumbai; export and import border compliance costs reduced in Delhi and Mumbai after removal of merchant overtime fees.
Starting a business:
India streamlined the business incorporation process by introducing the SPICe form.
The governmentabolished the Foreign Investment Promotion Board.
Q3. What are the concerns associated with SEZ’S and how can they be taken care with the help of sagarmala project?
Concerns with present SEZ :-
Special Economic Zones (SEZs) in India have not been as successful as their counterparts in many other countries. Several Asian economies, particularly China, Korea, Malaysia, and Singapore, have greatly benefitted from these zones.
The vision of SEZ is lost:-
Most of India’s new generation SEZs came up not for exporting, but for avoiding taxes.
Large fiscal sops, in the form of a bunch of reliefs from central and state taxes, lured developers into building SEZs.
For many SEZ developers, exports and employment were secondary to avoiding taxes.
Lack of adequate connectivity :-
Most manufacturing SEZs in India have performed below par due to their poor linkages with the rest of the economy.
Weak connections of coastal SEZs with their hinterlands inhibited these zones from utilising their full potential.
The growth curve of SEZs hadindicated a preference for urban agglomeration by industry, undermining the objective of promoting balanced regional development
Another significant trendhas been the preponderance of the IT/ITES industry.
In India, 56.64 per cent of SEZs cater to the IT/ITES sector; only 9.6 per cent cater to the multi-product manufacturing sector.
States did not match the central SEZ Actwith State-level legislation, which rendered the single window system ineffective.
Lack of a robust policy design, efficient implementation and effective monitoringhave seriously jeopardised India’s effort to industrialise through SEZs.
In the original act, there is no MAT (minimum alternative tax).
But the introduction of MAT in 2010 or 2011 has proved a dampener.
Due to this companies are in favour of export-oriented nations such as Thailand, Vietnam, Taiwan and the Philippines.
Acquiring large land parcels has become difficultdue to the new land acquisition policy.
Skill development is a big challenge.
How Sagarmala can lead to turn around of SEZ:-
Sagarmala’sfocus on back-end connectivity with the hinterland is what special economic zones desperately need.
The few SEZs that have done well, such as theSri City in Andhra, have benefitted from strong multi-modal connections they have with the hinterland. These connections are essential for lowering logistics costs and increasing export competitiveness. This can be achieved through linking SEZ with Sagarmala programme.
Q4.Morality is simply the attitude we adopt towards people, we hate personally. Comment.(250 words)
Morality and attitude both emanates from the core of human value system. While morality is the rightness or wrongness of an act derived from the conscience based on certain value system, attitude is mere objectification of our values in the form of belief, emotions and actions toward others.
An attitude is a person’s positive or negative evaluation of something, and that “something” can be anything from a person to an object to an abstract idea.
The person with a positive attitude toward law enforcement would be more likely to vote in favour law enforcement systems than a person with a negative attitude.
As an Individual people’s bond with other person depends on relationship, mutual respect and trust. This bond tends to dilute with any harsh effect on mentioned factors. Thus leading to tectonic shift from morality to attitude as person changed.
When someone people like behaves questionably, they mostly tend to attribute the problem to circumstances beyond the person’s control and give them the benefit of the doubt. But when people observe the same behaviour in someone they don’t like, they are often quick to pin everything on their poor character, on their moral failure, thus holding them to a standard people might not be so keen to enforce on an ally. There are so many instances where a family member has gone out of their way to shield a crime committed by a loved one.
This does not mean people do not apply morality to those they love. Parents, teachers teach children to imbibe moral values and be a responsible citizen. They punish immoral behaviour and reward good behaviour.
Thus, although it is true that human beings have a more understanding attitude towards people they like, it would be incorrect to assume that morality is applied only to those we dislike.
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