Karnataka Private Medical Establishments (Amendment) Bill

33 Pages·2017·0.81 MB·English

CURRENT AFFAIRS – NOVEMBER 2017

POLITY, GOVERNANCE AND PUBLIC POLICY

Karnataka Private Medical Establishments (Amendment) Bill
In News: The private health sector in Karnataka is protesting against the state government proposed
KPME (Amendment) Bill 2017.
About the Bill
 The Karnataka Private Medical Establishments Act was passed in 2007.
 The legislation aimed at being a legal control over private medical establishments (PMEs) in the
state.
 2017 amendment is intends to bring the PMEs under the purview of the government.
 The proposed amendments are based on the recommendations of former Supreme Court judge
Vikramajit Sen.
 Passing the bill would facilitate the rolling out of the State government’s Universal Health
Coverage (UHC) scheme called ‘ArogyaBhagya’.
Proposed Amendments
 Primarily, the Bill makes the registration of PMEs mandatory and lays down guidelines to
ensure their quality.
 The main amendments include increasing the fine for running a non-registered private medical
establishment.
 Similarly, the fine and term of imprisonment for non-adherence to the rules regarding
maintenance of clinical records and payments has been increased.
 The amendments make it mandatory to provide lifesaving emergency measures without insisting
on advance payment as in the current practice.
 And in the event of death, the body of the deceased should be released immediately without
insisting on payment of dues.
 Every PME should display prominently the Patient's Charter and Private Medical
Establishment's Charter.
 The amendments will pave the way for the government to fix the rates for each class of treatment,
and also provide grievance Redressal systems.
Concerns
 The amendments have been met with fierce criticism from the private doctors' associations.
 The private health sector finds contentious the provisions like price capping of various
procedures, imprisonment of doctors and setting up of a grievance redressal cell.
 There are demands for making the provisions applicable to the government hospitals as well.
 The protests call for enhancing the standards of health care at government hospitals before
regulating private medical establishments.
Way Forward
 The amendment law for governing private medical establishments is a logical step to provide
universal health coverage in the State.
 However, there is a need to ensure parity in services offered by government and private
institutions and end the neglect of public facilities especially in rural areas.
 Beyond regulation of prices for some drugs, streamlining the processes for centralised
procurement and free distribution of essential medicines to all is essential.
 All health institutions participating in a universal access programme should be governed by
common regulations and regulators to eliminate fragmentation of functions.
 The country as a whole should try bringing in such measures to make a transition to universal
health access in line with the Sustainable Development Goal.

Role of Parliament in Governance
In News: The Parliament’s Winter Session has been delayed this year.
Role of Parliament in Democracy
 The Constitution provides for the legislature to make laws, scrutinize the functioning of the
executive, and hold the executive accountable for its decisions.
 The Constitution provides for MPs to raise issues of public importance in Parliament, and
examine the Government’s response to problems being faced by citizens through -
1. Debate - which entails a reply by the concerned minister
2. Motion - which entails a vote
 Motions are made for discussing important issues such as inflation, corruption, drought, etc. or
adjourning the business in the house or to express no confidence in the Government.
 The Government is collectively responsible to Parliament for its actions.
 The Parliament may use various methods including, debates on Bills and issues, questioning
ministers during Question Hour and in parliamentary committees.
 Question Hour is one of the forums of holding the Government accountable for its actions.
 During this hour, MPs pose questions to the ministers regarding the implementation of laws and
policies by the Government.
Who Convenes Parliament?
 The constitution provide for the President to convene the Parliament atleast once in 6 months.
 Since the President acts on the advice of the central government, the duration of the session is
decided by the Government.
 However, this practice of allowing the Government to convene Parliament differs from those
followed in other countries.
 In a parliamentary democracy, the executive is accountable to Parliament, so there must limited
role for the Government in summoning the Legislature.
Frequency of the Session
 LokSabha met for an average of 130 days in a year during the 1950s but these sittings came
down to 70 days in the 2000s.
 This decline indicates that Parliament was able to transact less business compared to previous
years.
 To address this, the National Commission to Review the Working of the Constitution has
recommended that LokSabha should have at least 120 sittings in a year, while RajyaSabha
should have 100.
 There is a lower rate of functioning Question Hour due to the disruptions, which reduce the
number of questions that may be answered orally.
 While Parliament may sit for extra hours to transact other business, time lost during Question
Hour is not made up.
Way Forward
 Given the legislature’s role in keeping the executive accountable for its actions, the Parliament
should convene itself, so that it can effectively exercise its oversight functions.
 There can be a mechanism which scrutinizes and answers the questions asked in the Question
Hour with required inter-ministerial expertise and broader government policies.
 UK has the Prime Minister’s Question Time on weekly basis to address the questions posed by
MPs. Such measures can be adopted.

Need for an Anti-Superstition Law
Context
 There are many regions in the country which still witness human sacrifices, abuses and
exploitation in the name of religion.
 India needs a targeted legislation to effectively curb such inhuman superstitious practices.
Need for the Law
 IPC - The provisions in the Indian Penal Code (IPC) is not equipped to take care of crimes
committed on account of black magic and other superstitious practices.
 The cognisance of human sacrifice is in the Indian Penal Code (IPC) only after the murder is
committed.
 Nature - The relationship between a devotee and so-called godman is of a peculiar nature, often
marked by subtly identifiable violence.
 Also, the acts involving human sacrifice cannot be stopped as they are often preceded by some
puja and offerings.
 These religious ceremonies are certainly not banned under any law.
Maharashtra's Legislation
 Maharashtra has implemented the Maharashtra Prevention and Eradication of Human Sacrifice
and Other Inhuman, Evil and Aghori Practices and Black Magic Act, 2013.
 This anti-superstition law primarily addresses exploitation in the name of religion.
 The legislation has a capacity to act as a deterrent for many inhuman practices.
 It has considerably curbed the act of human sacrifice as it is banned under the law.
 A section in the legislation specifically addresses and checks claims made by ‘godmen’ who say
they have supernatural powers.
 The law also makes it possible to curtail activities of so-called godmen before they become too
powerful.
Way Forward
 Opponents to the legislation in Maharashtra had claimed that the law would affect the religious
practices of the Hindus.
 However, superstitious practices that are utterly dehumanising, brutal and exploitative need to be
dealt with by a specific law.
 India should seriously consider bringing in place a legislation similar to that of the Maharashtra
anti-superstition law.
 It is not to be denied that every superstition could not be removed by the force of law; social and
mental changes are also necessary.

Children’s Safety
In News: Humanitarian Aid Organization’s survey reports that one out of every two Indian children has
experienced sexual abuse.
Cause
 In large cities, children spend as many as 8 to 9 hours a day away from home, and those in
smaller towns and rural areas spend 5 to 6 hours outside the home.
 There is a three-way trust deficit between schools, parents and the Government, especially when
there is a gruesome incidence of violence against children, gets aggravated.
Measures Needs to be taken
 An open dialogue involving all three stakeholders will go a long way towards to enable the
building preventive response mechanisms.
 There is a need to develop a Uniform Child Protection Policy for all schools private or government,
and even tribal ashrams in remote parts of the country.
 The policy should emphasize on ‘gatekeeping’ to ensure that the recruitment of both teaching and
non-teaching staff is done after thorough police verification and psycho-social assessment.
 Also trained counselors must be enrolled mandatorily in schools that can both prevent and detect
abuse of children.
 All teachers need to be sensitized about child abuse, taught to recognize it and made aware of
laws such as the POCSOAct.
 Awareness Sessions for children on safety and prevention of abuse also ought to become part of
the curriculum.
Existing Mechanisms
 National Policy for Children, 2013 - recognises every person below the age of eighteen years as
a child and covers all children within the territory and jurisdiction of the country.
 Four key priority areas in Policy are
1. Survival, Health and Nutrition.
2. Education and Development.
3. Protection and Participation.
4. Focused Attention
 Prevention of Children from Sexual Offences (POSCO) Act 2012 - It protects children from
offenses of sexual abuse, sexual harassment and pornography and to provide a child-friendly
system for the trial of these offences.
 Juvenile Justice (Care and Protection of Children) Amendment Act 2015

Concerns in Child labour Eradication
In News: It is estimated recently that it would be difficult to achieve the child labour eradication target by
2025.
Global Status
 The International Labour Organization (ILO) estimates those eight years from now, around 121
million boys and girls would still be engaged in various occupations.
 The present figure is around 152 million children aged 5-17.
 Around 71% of working children are concentrated in the agriculture sector, with 69% of them
undertaking unpaid work in family units.
Implications of India’s Target
 In 2015 union government set a target to eradicate child labour by 2025.
 At a recent conference in Buenos Aires India told that it will miss the deadline.
 The implication is also that realizing the objective could take well over 20 years after the expiry of
the 2030 Sustainable Development Goals (SDGs).
 It is a shame that the goal to eradicate child labour by 2025 seems intangible
India’s challenge
 If countries resolve to reinvigorate their efforts to reach the target, they would be looking at a
reduction each year of 19 million.
 That is close to five times the prevalent pace of decline.
 There was a slowdown in the reduction of child labour, just one percentage point, during the four
years until 2016.
 More worrisome is that there was almost no progress with respect to the rescue of children under
12 years in the four years since 2012.
 Equally, the decline in child labour among girls was only half the proportion of that of boys
during this period.
Reasons for Lack of Progress
 There is an absence of national legislation to give effect to global conventions on the employment
of children in hazardous industries, as well as on the minimum age of work.
 The fact that the two instruments have received the largest number of ratifications brings into
sharp focus the lack of harmony between global commitments and domestic priorities.
 Incoherency between laws that prescribe a minimum age for employment and those for
completion of compulsory school education.
 Due to absence of strong collective bargaining mechanisms and effective social protection policies
it is tedious to implement social policies.

Upgraded TRAI’s rules
In News: The Telecom Regulatory Authority of India has proposed to raise the cap on the quantum of
spectrum held by a mobile operator.
Spectrum
 Telecom spectrum is about the frequencies that are used to transmit sound and data across the
country to our phones.
 Every telecom operator has been assigned certain portions of spectrum to use in India, through
auctions and administrative allocations.
Existing Rules
 The existing rule allows an operator to own only 50 per cent of the spectrum in a particular
frequency band, and not more than 25 per cent of the overall spectrum available.
 For example, 1800 MHz band was allocated to offer GSM-based 2G services while 800 MHz band
was for CDMA services.
 This rule was effective when there were seven to twelve operators in each circle and different
frequency bands were used for offering different services.
 Having a lower spectrum cap made sense as it prevented concentration of a particular frequency
band with one player.
Need for New Set of Rules
 The technological developments enable operators to utilize multiple frequency bands for the same
service.
 For example, both 1800 MHZ band and 800 MHZ band are used for offering 4G services.
 Therefore, it does not make sense to put a cap when it comes to spectrum ownership in specific
frequency bands.
 Also, the average spectrum holdings of mobile operators in India is low in comparison with
international standards, when the average data usage per subscriber per month is expected to
shoot up from 6 GB to 11 GB in the next few years.
 Any limitations due to spectrum cap may also dampen the bidding intensity in future auctions,
as most large operators are nearing the existing cap.

White Paper on Data Protection Framework
In News:Srikrishna Committee recently released a white paper as part of its mandate to draft a data
protection and privacy Bill.
Need for Data Protection
 The Committee was set up by the Ministry of Electronics and IT following the decision to make
Aadhaar compulsory for many government services.
 Private entities are also increasingly using Aadhaar for the purpose of authentication and
financial transactions.
 Notably, the Aadhaar is being issued by the UIDAI after collecting individual's personal and
biometric data.
 Despite an obligation to adopt adequate security safeguards, no database is 100 per cent secure.
 Evidently, despite UIDAI's various in-built data protection mechanisms, it is not bound to inform
an individual in cases of misuse or theft of his or her data.
 Thus, the interplay between any proposed data protection framework and the existing Aadhaar
framework will have to be analyses.
Key Highlights
 The committee has identified seven key principles for the data protection law, which include:
1. Technology agnosticism - flexibility of the law for adapting to changing technologies and
standards of compliance.
2. Holistic application - governing both private sector entities and the government; differential
obligations for certain legitimate state aims.
3. Informed consent - informed and meaningful consent of the individual must be ensured by the
law.
4. Data minimization - Data that is processed ought to be minimal, only for targeted and other
compatible purposes.
5. Controller accountability - The data controller shall be held accountable for any processing of
data.
6. Structured enforcement - There should be a high-powered statutory authority with sufficient
capacity and decentralized mechanisms for enforcement of the data protection framework.
7. Deterrent penalties - Penalties on wrongful processing of data must be adequate to ensure
deterrence.
 SPDI - The white paper has laid down for the protection of sensitive personal data or information
(SPDI) by which a person is identifiable.
 This essentially means that any social media site, search engine, telecom operator or government
agency cannot sell or disclose SPDI of individuals.
 It has identified health and genetic information, religious beliefs and affiliation, sexual
orientation, and racial and ethnic origin as SPDI.
 It has also placed caste and financial information in this category.
 The committee prescribes punishments in case of violations of regulations in using SPDI.
 At present, the IT Act rules on security practices and sensitive personal data are applicable only
to private or corporate entities.
 Data Breaches - The law may require that individuals be notified of data breaches where there is
a likelihood of privacy harms.
 However the paper noted that fixing too short a time period for individual notifications might be
too onerous on smaller organisations.
 As, such an organisation may not have the necessary information about the breach and its likely
consequences.
 Thus it is suggested that both government and the private entities be brought under the ambit of
the proposed law.
 Exemptions - The Committee has made certain exemptions in relation to collecting information.
 This is in reference to investigating a crime, apprehension or prosecution of offenders, and
maintaining national security and public order.
 But, the committee also insists on devising an effective review mechanism.
 Penalty - A civil penalty of a specific amount may be imposed on the data controller for each day
of violation.
 Besides, it suggested setting up a data protection authority, data audit, registration of data
collectors, enacting provisions for protecting children’s personal data, etc.

Net Neutrality: Constitutional Doctrines and Stake
Context
 The Telecom Regulatory Authority of India (TRAI) has recently rolled out a series of
recommendations in strong support of Net neutrality.
 TRAI's support for Net neutrality comes as an adaptation to backing the constitutional principles
in the emerging era of Internet.
 Federal Communications Commission (FCC) of the US announced the ‘Restoring Internet
Freedom Order’.This could potentially end the content neutral era of the internet.
Net Neutrality
 It is the concept in which all online content providers (all websites or apps) are treated equally by
telecom operators.
 Notably, a consumer gets access to all websites equally and speed of access is not differentiated
for any content.
 ISPs are mandated to not interfere with or block the content that a consumer accesses, views or
posts online.
 This also specifically outlaws content specific offers/charges on consumers in order to ensure
equality.
Upholding Constitutional Values
 Equality - The government, as a trustee of public interest, is bound to device mechanisms for
an equal distribution of resources.
 Net neutrality, by facilitating a free and open Internet, contributes to equality in the use of a
common resource that has almost become an essential good.
 It has ensured that there are no technical imbalances in a way of distorting equality and
reasonableness.
 Liberty - The Internet is now affordable to millions of Indians without the traditional costs of
distribution.
 The non-discriminatory principle for Internet content through net neutrality has upheld
the liberty of making choice by the user.
 Speech and Expression - Allowing citizens the benefit of plurality of views and opinions on
public issues is an essential component of the right to free speech.
 Net neutrality thus defends the freedom of speech and expression by ensuring both the right to
express and the right to receive information.
Significance
 Content in Internet today is potential of sparking a spontaneous campaign, mobilizing huge
crowd, roping in civil society and even necessitating governmental intervention.
 In this context, the ideas of equality, reasonableness and liberty are more than mere
limitations on state power in favor of individuals.
 They can transform into more meaningful doctrines when put into motion by the positive
actions of the regulators and governments.
 The whole concept of Net neutrality is one way of positive actions that has tuned constitutional
doctrines to the needs of the modern world.
 It comes as an indication of deepening participatory democracy in an emerging digital era by
retuning the nature of constitutional values.
TRAI Recommendations
 Discrimination - Service providers are restricted from entering into any arrangement that has
the effect of discriminatory treatment in Internet access.
 The discrimination should not be based on the content, sender or receiver, protocols being used,
or user equipment being deployed.
 Any “discriminatory treatment” including blocking, degrading, slowing down or granting
preferential speeds is restricted.
 Content - Non-discriminatory treatment applies specifically to ‘Internet Access Services’ which
are generally available to the public.
 The content mentioned includes applications, services and any other data, including its end-point
information.
 Monitoring - TRAI has recommended the establishment of a collaborative mechanism in the form
of a multi-stakeholder body.
 This would be responsible for developing technical standards for monitoring violations and
enforcement of the principles.
Significance
 Internet has become a basic infrastructure and an egalitarian platform that advances the free
speech rights of citizens.
 The recommendations have thus upheld the democratic principles of the country by granting
the freedom and choice of access for the end users.
 TRAI has also taken the leadership position globally in ensuring that access to internet remains
non-discriminatory.
 This is especially given that many other telecom regulators including that of the US have faltered
in ensuring equality in cyberspace.
Shortfalls and Solutions
 Special Services - A communications network connecting hospitals may rightly be classified as a
specialized service.
 The operators may have to ensure a higher grade of service for these kinds of areas compared to
the mass internet.
 TRAI has excluded specialized services from the purview of net neutrality but without specifying
what falls under this category.
 This could be a cause of concern given that the operators can exploit policy loopholes.
 E.g. a telecom operator could enter into private deals with a healthcare mobile application
provider to get unfair access to users.
 TRAI should have set up a monitoring platform to ensure that telecom companies make adequate
disclosures about such specialised services.
 Traffic management - TRAI has also allowed telecom companies to carry out reasonable traffic
management practices, for delivering internet traffic.
 Traffic management practices such as those used for protecting network security are legitimate,
but it can also lead to discriminatory practices.
 TRAI could have specified what type of traffic management is allowed automatically, and which
ones need approval.
 Enforcement - TRAI has failed to put in place a neutral enforcement body.
 The multi-stakeholder body led by industry, as proposed by TRAI, may not be enough to ensure
implementation of net neutrality, exceptions and transparency measures.
 This is because the industry-led bodies have seldom protected the rights of consumers in the
past.
 Besides, the regulations are criticized to be unnecessarily bureaucratic and not conducive for the
ease of doing business.
 The Department of Telecom, while accepting the regulator’s overall recommendations, should also
iron out these concerns.
USA’s Initiatives
 FCC rules issued in 2015 aimed at upholding neutrality neutrality.
 Federal Communications Commission (FCC) of the US announced the ‘Restoring Internet
Freedom Order’
 The current ruling undoes this and favors giving sweeping powers to ISPs over the content
consumers can access.
 This ruling is almost certain be cleared in FCCs next open meeting.
 Reasons - FCC claims that the ruling is to remove what it calls “heavy-handed Internet
regulations”.
 These regulations, it believes is holding back investment, innovation, and job creation in the
sector.
 FCC also noted that it didn’t want to micromanage the Internet.
 Criticism – This allows ISPs could give preferential treatment to particular sites and apps, and to
their own digital content.
 ISPs could also block access to sites or cap network speeds by segregating the Internet into fast
and slow lanes.
 Charging consumers extra for better access to some sites and distorting fair trade is also a
possibility.
 This would also lead to blocking of or slowing down of competitor’s content and unfavourable
political opinions.
Addressing Distortions
 FCC might no longer regulate content that ISPs provide.
 Hence, the job of protecting consumers from detrimental business practices will go to the Federal
Trade Commission (FTC).
 Notably, FTC neither has any telecommunications expertise nor rule-making authority in this
area.
Benefits
 Big ISPs such as AT&T Inc, Comcast Corp and Verizon Communications Inc, stand to benefit due
to these changes.
 They can now design schemes to charge consumers as well as content providers.
 Notably, in recent years, ISPs have tried offers such as discounts on their service in exchange for
browsing history of users.
 Some ISPs are reported to have tried to drive users to their own apps by excluding them from
mobile data usage limits.
 On the contrast, Alphabet Inc, Facebook Inc, Amazon and Netflix Inc were among the big firms
that are currently opposed to the ruling.

Right against Torture
In News: The Law Commission, as part of its 273rd Report, submitted a draft Prevention of Torture Bill,
2017 for the consideration of the government.
Major Recommendations
 Ratifying the UN Convention against Torture and other Cruel, Inhuman and Degrading
Treatment or Punishment.
 Defining ‘torture’ in a broader way to include any physical, mental or psychological injury.
 Considering as torture an injury that is either inflicted intentionally or involuntarily, or even an
attempt to cause such an injury.
 Amending the Criminal Procedure Code, 1973, and the Indian Evidence Act, 1872, to
accommodate provisions regarding compensation and burden of proof respectively.
 Inserting a new section in the Indian Evidence Act to ensure that in case a person in police
custody sustains injuries, it is presumed that those injuries have been inflicted by the police.
 Curbing the menace of torture and having a deterrent effect on such acts through imposing fine
and stringent punishment like life imprisonment.
 Placing the burden of proof on the authority concerned to explain such injury.
 Authorizing the courts to decide upon a "justiciable compensation" to victims after considering
the socio-economic background of the victim.
 Taking into account the nature, purpose, extent and manner of injury, including mental agony
caused to the victim for compensations.
 Putting in place an effective mechanism to protect victims of torture, complainants and witnesses
against possible threats or ill-treatment.
 Making State owns the responsibility for injuries caused by its agents on citizens as per the
idea of ‘liability follows negligence’.
 Acknowledges the principle that sovereign immunity could not override the rights assured by the
Constitution to an individual.
Significance
 Extradition request - India has made many requests for extradition of offenders from other
countries.
 However, conditions in India’s prisons, especially over-crowding and torture, are a reason
for extradition requests failing.
 E.g. extradition courts in the UK refused to send two persons to India to face trial, on the ground
of ineffective system of protection from torture.
 Having an anti-torture legislation in place is thus a practical necessity in India's interest to make
countries accede to extradition requests.
 Moral Commitment - Custodial violence continues to be prevalent in the country.
 Suspects being forced to confess for undone wrongs is a continuing practice against individual
right; the most recent instance is the faulty accusation in Ryan school murder case.
 Enacting a law to eliminate all forms of torture and other cruel, inhuman and degrading forms of
treatment is thus a moral liability for India.
 Ratifying the UN Convention and following it up with a domestic law against torture can give
shape to these moral and legal commitments.

ECONOMIC AFFAIRS

15th Finance Commission
In News:The Union Cabinet has approved the setting up of the 15thFinance Commission.
It will decide on the distribution of tax proceeds among centre, states and local bodies in the post-goods
and services tax (GST) era.
Finance Commission
 The setting up of the finance commission for every 5 years is a Constitutional obligation
under Article 280 (1) of the Constitution.
 Finance Commission is a quasi-judicial body, constituted by the president of India every fifth year
or at such earlier time as he considers necessary.
 It consists of a Chairman and four other members.
 They hold office for such period as specified by the president in his order.
 They are eligible for reappointment.
 As per Article 280 of the Constitution, the commission is required to make recommendations on
the distribution of the net proceeds of taxes between the centre and the states.
 It suggests the principles which should govern the grants in aid of the revenues of the states out
of the consolidated fund of India.
 The recommendations of the 14th Finance Commission are valid from 2015 to 2020.
 The recommendations of the 15th Finance Commission will be implemented in the period 2020 to
2025.
 The 14th Finance Commission had raised the untied share of states in net central taxes to 42%
from 32% after ending discretionary resource transfers from the centre to the states.
Members
 Former Planning Commission member N.K. Singh was appointed chairman of the 15th Finance
Commission.
 The other members of the commission are:
 Shaktikanta Das former economic affairs secretary,
 Ashok Lahiriformer chief economic adviser,
 Ramesh Chand Niti Aayog member and
 AnoopSinghGeorgetown University professor.

Mandates
 The commission will review the current status of the finance, deficit, debt levels, cash balances
and fiscal discipline efforts of the union and the states.
 Apart from mandate given under Article 280 of the Constitution, this commission will study and
suggest measures on following issues.
 It will also study “the impact of the GST, including
 payment of compensation for possible loss of revenues for five years,
 abolition of a number of cesses,
 Earmarking for compensation and other structural reforms programme.
 Commission will examine progress made in promoting ease of doing business by related policy
and regulatory changes and promoting labour intensive growth.
Challenge and Opportunity
 Since inception Finance Commissions has been focusing mainly on the vertical (between center
and states) and the horizontal distribution (to ensure regional equity).
 This timeit actually comes when there exists GST Council- India’s first genuinely federal
institution where the center and states are equal stakeholders.
 GSTfavors the spread of regional growth—and consequently tax revenues and in the next five
years we will see a GST type structure for development challenges.
 Challengeof urbanization is one of the pertinent importance asthe public policy has failed to keep
pace and it moving forward through trial and error.
 Each Finance Commission has recognized that India is transforming and made its
recommendations accordingly.
 The 15th Finance Commission provides an enormous opportunity in setting out a blueprint for
India’s future that rests on the foundation of a strong federal polity.
 Presumably, the Union government, especially one which has championed cooperative federalism,
is thinking similarly. The terms of reference of the this Finance Commission is one of the signals,
 Nomination of its chairperson and of course its members is also 2nd signal in this regard.
N. K. Singh
He has held the following important positionsfor policy making and financial decision making
 He was the principal interlocutor with multilateral institutions during India’s Balance of Payment
Crisis.
 He Represented India at GATT, UNACTD, UN and the Common Wealth Secretariat.
 Member Planning Commission
 Secretary, Task Force on Telecommunications.
 Mr. Singh is on the Governing bodies of research organizations like the Indian Council for
Research on International Economic Relations (ICRIER), the International Management Institute
(IMI) etc..
 Chairman of Review Committee to evaluate the FRBM Act, 2003

GST and Cash less economy
In News: Union government is now proposing to offer a 2% point GST rebate for consumers who make digital
payments instead of cash.
Significance
 GST Council has taken several decisions that are expected the taxation simpler.
 The recent move means that the effective tax rate for items the 18 per cent GST slab will come
down to 16 per cent for those paying through the digital mode.
 The recent proposal of rebate is expected to be taken up in January when the GST Council meets
next.
 The reason for the proposed incentive is to encourage Indians to move towards a cashless
economy.
 By this GST council have taken steps to sort out the problems in the technological architecture
and filing of returns. In that sense, the GST is a work in progress.
Concerns
 Regardless of the noble intentions, this proposed intervention is likely to create another round of
confusion for all concerned.
 The tricky part here, implementing this will result in customers being offered two prices one with
the normal GST rate and the other with a 2% lower rate.
 The move will require altering both the tax computation process as well as return-filing templates.
 This will only complicate the ground-level implementation of the GST as sellers will need to
segregate digital and cash transactions from the beginning.
 What further complicates matters is that this concession will be limited to Rs100 per transaction
and will not apply to retailers who have registered in the composition scheme, wherein they only
face a single tax rate instead of the normal GST structure.
Composition Scheme of GST
 Large organizations have the requisite resources and expertise to address GST requirements.
 On the flip side, many start-ups and Small and Medium Enterprises (SMEs) may struggle to
comply with these provisions.
 To resolve such scenarios, the government has introduced Composition Scheme under GST,
which is merely an extension of the scheme under VAT law.
 When opting for the Composition Scheme under GST, a taxpayer will be required to file
summarized returns on a quarterly basis, instead of three monthly returns (as applicable for
normal businesses).
 Businesses dealing only in goods can only opt for composition scheme.
 Services providers have been kept outside the scope of this scheme. However, restaurant sector
taxpayers may also opt for the scheme.
Way forward
 The government has repeatedly assured taxpayers that it is trying to make the GST a good and
simple tax in the true sense of the term.
 There is a genuine intention to move towards a two-rate structure possibly 12% and 18%.
 India obviously needs to move towards a less-cash regime, but the introduction of incentives that
complicate things further is avoidable.

Ordinance to Amend the IBC
Context
 Insolvency and Bankruptcy Code (IBC) came into force in 2016 with the goal of easing the
resolution of stagnant corporate debt.
 Recently, an ordinance was passed, which significantly amends the original law and risks
defeating the very intent of IBC.
Intent of the Amendment
 IBC was enacted to ensure time bound corporate debt resolution through proceeding initiated by
either the creditor or debtor with the ‘National Company Law Tribunal – NCLT’.
 In the original IBC, there was a possibility for defaulters to apply as bidders in the liquidation
(auctioning assets) process.
 This would have helped them regain control of their own companies with a reduced loan burden
than before.
 This was seen as a clever way to gain loan reductions that could possibly impact the credibility of
the insolvency resolutions.
 It has hence been considered necessary to prohibit unscrupulous defaulters from submitting
resolution plans under IBC.
 The current ordinance specifies the categories of persons who are deemed ineligible henceforth to
ensure credible debt resolution.
Panel to reform IBC
 The Insolvency and Bankruptcy Code became operational in December 2016.
 It provides for a market-determined and time-bound insolvency resolution process.
 With rising number of cases under the IBC, the government has set up a 14-member panel to
identify and suggest ways to address issues faced in its implementation.
 This committee will be chaired by Corporate Affairs Secretary InjetiSrinivas.