14 July 2023 : The Hindu Editorial Notes PDF
The Hindu Editorial
14-July-2023
Daily Current Affairs For UPSC ,The Hindu Editorial Summary
1. Work in progress: On the GST Council meet and issues.
Topic: GS3 – GST Council.
Context:
- The Goods and Services Tax (GST) Council meeting addressed long-pending issues, such as the constitution of Appellate Tribunals and tax treatment for the online gaming industry.
About GST Council:
The GST Council is a constitutional body established under Article 279A of the Constitution of India. It is responsible for making important decisions and recommendations regarding the Goods and Services Tax (GST) in the country.
- Composition: The GST Council is chaired by the Union Finance Minister of India. It includes the Minister of State in charge of Revenue or Finance from the Union government and the Finance Ministers of all the states and union territories with legislatures. Each state or union territory has one vote in the Council, irrespective of its size or population.
- Decision-Making: The GST Council operates on the principle of cooperative federalism and takes decisions by consensus. If consensus cannot be reached, decisions are made by a three-fourths majority of the weighted votes of the members present and voting, with the Union government having one-third of the total votes, and the states and union territories having two-thirds of the votes.
Mandate of GST Council:
The mandate of the GST Council, as per the provisions of the Goods and Services Tax (GST) Act, is to make recommendations on various aspects related to GST implementation and administration. The key mandates of the GST Council are as follows:
- Tax Rates and Structure: The GST Council is responsible for recommending tax rates for goods and services, including the classification of goods and services under different tax slabs. It determines the structure of the GST, including the threshold for registration, exemptions, and composition scheme.
- IGST and SGST: The Council recommends the apportionment of Integrated Goods and Services Tax (IGST) between the Centre and the States. It also makes recommendations on the apportionment of State Goods and Services Tax (SGST) revenue between the State and Union territories.
- Model GST Laws and Rules: The Council formulates and recommends the model GST laws, rules, and procedures to be adopted by the Centre and the States. It ensures uniformity and consistency in the application and administration of GST across the country.
- Dispute Resolution: The Council addresses issues related to the implementation and administration of GST and provides a platform for dispute resolution between the Centre and the States or among the States themselves. It strives to create a harmonious environment for GST implementation.
- Policy Recommendations: The Council makes policy recommendations on matters related to GST, such as improving compliance, addressing tax evasion, simplifying procedures, and enhancing the ease of doing business.
Issues with the functioning of GST Council:
- Decision-Making Challenges: The GST Council operates on the principle of consensus-based decision-making. However, reaching consensus among the diverse stakeholders, including the Union government and various state governments, can sometimes be challenging. Disagreements and delays in decision-making can hinder the timely resolution of important GST-related issues.
- Complexity and Frequent Changes: The GST framework is intricate, with multiple tax rates, exemptions, and compliance requirements. The frequent changes in rates, rules, and procedures pose challenges for businesses in adapting to the evolving system.
- Lack of Clarity and Uniformity: Lack of clarity and uniformity in the application of GST rules can lead to confusion, disputes, and compliance challenges for businesses operating across state borders.
- GST Rate Rationalization: Simplifying and rationalizing GST rates has been an ongoing challenge. There is a need to streamline the multiple tax rates and exemptions, reducing complexities and improving ease of compliance. The GST Council needs to undertake a comprehensive review of the rate structure to ensure simplicity and efficiency.
Way forward:
- Input from Industry and Experts: There have been calls for increased consultation with industry stakeholders, tax professionals, and experts in GST-related matters. Incorporating a wider range of perspectives and expertise can help address practical issues, simplify compliance, and make the GST system more effective and business-friendly.
- Decision-Making Process Transparency: Transparency in the decision-making process of the GST Council is essential for building trust among stakeholders. There is a need for greater visibility and disclosure of discussions, rationale behind decisions, and the impact assessment of major policy changes.
- Dispute Resolution Mechanism: Streamlining and expediting the dispute resolution mechanism can help businesses resolve issues in a timely and efficient manner.
- Continuous Monitoring and Evaluation: Establish a robust monitoring and evaluation mechanism to assess the effectiveness of GST policies, procedures, and reforms. Regularly review the impact of GST measures and make necessary adjustments based on feedback and data analysis.
- Technology Integration: Leverage technology for seamless implementation of GST processes. Invest in robust IT infrastructure, data management systems, and automation tools to simplify compliance, improve transparency, and facilitate smoother interactions between taxpayers and tax authorities.
Model question: What is the role of the GST Council in the implementation and administration of the Goods and Services Tax (GST) in India? Discuss the key responsibilities of the GST Council and its significance in ensuring uniformity and harmonization in the GST regime. (20 Marks)
2. An unacceptable verdict in the constitutional sense.
Topic: GS1, GS2.
Context:
- The recent judgment by the Allahabad High Court in the case of Kiran Rawat vs State of UP has sparked national attention.
- The judgment declined the plea of an inter-faith couple in a live-in relationship for protection from police harassment.
Issues with the verdict of Allahabad High Court:
- The High Court implied that the live-in relationship is a “social problem” and went against the idea of constitutional morality in personal relations.
- The judgment seems to be influenced by conventional social morality rather than constitutional principles of individual autonomy and personal liberty.
- The High Court discarded several Supreme Court judgments on live-in relationships, even after citing them, without providing sufficient reasons.
- The judgment rejected the precedential value of Supreme Court verdicts on live-in relationships and favored a traditional bias in favor of marriage.
- The recent judgment by the Allahabad High Court showed a clear inclination towards social orthodoxy and religious revivalism, acting as a theological court rather than upholding individual liberty and autonomy.
Position of live in relationship vis-a-vis marriage:
- Legal Recognition: In many countries, including India, live-in relationships are not recognized as a legal form of marriage. Marriage is typically a legally recognized union between two individuals, accompanied by specific rights, obligations, and legal protections.
- Rights and Obligations: Marriage comes with certain legal rights and obligations, such as property rights, inheritance rights, and the responsibility to support and maintain the spouse. In contrast, live-in relationships may not provide the same level of legal protection and rights to the partners.
- Social Acceptance: The social acceptance of live-in relationships varies across cultures and societies. In some societies, live-in relationships are considered acceptable and valid relationships, while in others, they may be viewed with skepticism or disapproval.
- Protection of Women’s Rights: Marriage often provides specific legal safeguards for women, such as maintenance rights, inheritance rights, and protection against domestic violence. In some jurisdictions, laws have been enacted to provide similar protections to individuals in live-in relationships, particularly in cases where there is long-term cohabitation and financial interdependence.
- Children and Parental Rights: The legal status of children born out of wedlock or in live-in relationships may differ across jurisdictions. In some cases, laws have been enacted to protect the rights of children born to unmarried parents and ensure their rights to financial support, inheritance, and custody arrangements.
- Property and Financial Matters: The division of property and financial matters in live-in relationships can be complex. In marriage, there are typically legal provisions for the division of assets and financial responsibilities in the event of separation or divorce.
Issues with the recent Allahabad High Court verdict:
The recent verdict by the Allahabad High Court in the case of Kiran Rawat vs State of UP has raised several concerns and criticisms. Here are some key issues with the judgment:
- Constitutional Morality: The High Court’s verdict seemingly negates the concept of constitutional morality in personal relations. It appears to prioritize conventional social morality over the constitutional principles of individual autonomy and personal liberty. This approach contradicts the repeated affirmations by the Supreme Court of India regarding the importance of constitutional morality.
- Theological Approach: The judgment gives the impression of the High Court acting as a theological court, delving into religious and moral considerations that are irrelevant to the constitutional rights and protections at stake. This approach is problematic as it goes beyond the scope of the writ jurisdiction and the principles of secularism enshrined in the Indian Constitution.
- Disregard for Precedents: The High Court’s decision seems to have disregarded several relevant Supreme Court judgments, including those related to live-in relationships. Despite citing these judgments, the High Court provided untenable reasons to dismiss their precedential value, which is a departure from the established legal principle of following binding judgments.
- Irrelevant Reference to Personal Laws: The judgment unnecessarily made references to personal laws on marriage that were irrelevant to the case. The court’s reliance on personal laws to determine the legality of a live-in relationship is problematic and fails to consider the broader constitutional framework.
- Failure to Protect Fundamental Rights: The High Court’s decision failed to adequately protect the fundamental rights of the petitioners, who sought protection from police harassment. The court should have focused on upholding their rights instead of delving into unwanted and irrelevant discussions on personal laws and social morality.
- Lack of Judicial Discipline: The judgment has been criticized for exhibiting judicial indiscipline. It strayed from the principles laid down by the Supreme Court and engaged in unwarranted moral evaluations instead of addressing the fundamental rights concerns raised by the petitioners.
Model question: The recent Allahabad High Court verdict in the case of Kiran Rawat vs State of UP has given a new dimension to the concept of live-in relationships in India. In the light of this verdict, discuss the legal and social implications of live-in relationships vis-a-vis marriage in India. (150 Words)
Guidelines:
- In your answer, provide a detailed analysis of the recent Allahabad High Court verdict and its impact on the legal status and rights of individuals in live-in relationships compared to marriage.
- Critically evaluate the court’s approach and arguments, considering constitutional principles, personal liberty, and the relevance of personal laws.
- Assess the implications of the verdict on the recognition and protections of live-in relationships in India.
- Finally, propose suggestions for a comprehensive legal framework that addresses the complexities surrounding live-in relationships and ensures the protection of individual rights and liberties.
3. Are regional parties in India facing a succession problem?
Topic: GS2.
Context:
- The Nationalist Congress Party (NCP) recently split after 24 years of its formation, raising concerns about succession within regional parties.
- This issue is not limited to Maharashtra, as other regional parties like the Shiv Sena and Samajwadi Party (SP) have also experienced similar internal conflicts.
- The Biju Janata Dal (BJD) and other regional parties are also potentially prone to facing succession challenges in the future.
Challenges faced by regional parties in India:
Regional parties in India face several challenges that impact their functioning and growth. Here are some key challenges:
- Succession Issues: Many regional parties struggle with leadership succession, as charismatic leaders often dominate the party’s identity. The absence of a clear succession plan can lead to internal conflicts, factionalism, and even party splits.
- Limited Geographic Influence: Regional parties primarily focus on specific states or regions, which limits their geographic influence and makes it challenging to expand their presence beyond their stronghold areas. This can restrict their ability to form alliances and gain national prominence.
- National-Level Competition: Regional parties often face stiff competition from national-level parties, such as the Bharatiya Janata Party (BJP) and Indian National Congress (INC). These national parties have larger resources, broader support bases, and better access to national media platforms.
- Funding and Resources: Regional parties often struggle with limited financial resources compared to national parties. This can hinder their election campaigns, organizational growth, and outreach efforts. They heavily rely on state-level donations and support, which may be inconsistent or inadequate.
- Fragmented Regional Dynamics: India’s diversity and regional variations create complex political dynamics. Regional parties need to navigate these complexities, build regional alliances, and balance conflicting interests to maintain their relevance and influence.
- Limited Policy Platforms: Regional parties often prioritize local or regional issues, which can limit their policy platforms and prevent them from articulating comprehensive national agendas. This can make it challenging for them to attract a broader voter base beyond their regional support.
- Coalition Politics: Regional parties frequently engage in coalition politics, forming alliances with other parties to maximize their influence. However, managing coalition dynamics and balancing regional and national interests can be a daunting task, leading to frequent adjustments and compromises.
- Central Government Interference: Regional parties often face challenges when the central government, controlled by a different political party, interferes in state affairs. This can strain their ability to govern effectively and fulfill their regional objectives.
Possible solutions to the issues of regional parties:
- Strong Internal Democracy: Regional parties should promote internal democracy and transparency in their decision-making processes. This includes ensuring regular party elections, fostering a culture of open dialogue and debate, and encouraging younger leaders to take on leadership roles.
- Effective Succession Planning: Regional parties need to proactively develop succession plans to ensure smooth leadership transitions. This can involve identifying and grooming potential successors, providing leadership training and mentorship programs, and establishing clear procedures for leadership selection.
- Broadening Policy Platforms: Regional parties should expand their policy platforms beyond regional issues to address national concerns. This can involve developing comprehensive agendas on economic development, social welfare, infrastructure, and governance reforms that resonate with a broader voter base
- Strengthening State-Level Institutions: Regional parties should work towards strengthening state-level institutions, including legislative bodies, bureaucracy, and local governance systems.
- Building Strategic Alliances: Regional parties can enhance their influence by forming strategic alliances with like-minded parties, both regionally and nationally. Collaborative efforts can help consolidate their electoral strength, provide a stronger voice in policy-making, and foster greater cohesion among regional parties.
- Increasing Financial Sustainability: Regional parties should focus on improving their financial sustainability by diversifying their funding sources, attracting grassroots support through membership drives, and implementing effective fundraising strategies. This can reduce their dependence on external donations and ensure long-term financial stability.
- Leveraging Technology and Social Media: Regional parties should harness the power of technology and social media platforms to expand their reach, connect with a wider audience, and disseminate their policies and achievements.
- Engaging with National Politics: Regional parties should actively engage in national politics by participating in coalition governments or forming alliances with national-level parties. This allows them to have a say in shaping national policies and ensures their regional concerns are addressed at the central level.
Model questions: Explain the role and challenges faced by regional parties in Indian politics. Assess their impact on regional development and governance. Provide suggestions for enhancing their effectiveness and representation in the Indian political system. (10 Marks)
Guidelines:
- In your answer, provide a comprehensive analysis of the role and significance of regional parties in Indian politics.
- Discuss the challenges faced by regional parties, including limited geographic influence and succession issues.
- Assess their impact on regional development, governance, and policy-making.
- Examine the strategies employed by regional parties to navigate coalition politics and changing electoral dynamics.
- Provide suggestions for strengthening the representation and effectiveness of regional parties in the Indian political system, considering the evolving political landscape and the need for balanced regional representation.
For Enquiry
13 July 2023 : The Hindu Editorial Notes PDF
14 July 2023 : Daily Current Affairs
13 July 2023 : Daily Quiz
13 July 2023 : PIB
13 July 2023 : Indian Express
13 July 2023 : The Hindu Editorial Notes PDF
13 July 2023 : Daily Current Affairs
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12 July 2023 : PIB
12 July 2023 : Indian Express
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