Conference on ‘Strengthening Economy Through Judicial Reforms,’

Says Need to Develop an Appropriate Institutional Framework to Resolve That More and More Disputes Using Alternative Dispute Resolution (ADR) Mechanisms

Union Law & Justice Minister Shri  D.V. Sadananda Gowda today inaugurated the ASSOCHAM”s National Conference on “Strengthening Economy through Judicial Reforms” here in  New Delhi. He said If we desire to be recognized as a destination of choice for trade and commerce, it is imperative for us to focus on building an effective judicial system as an integral part of the economic reform agenda.  Accelerated justice will free up billions of dollars blocked in litigation against projects in several parts of the country and enable it to be put to productive use. The Minister said         Improving judicial productivity through systemic changes is very important.  It is said that nearly 70 per cent of civil cases in Australia, US and Canada are settled even before the trial begins.  This is because both parties to the litigation are aware of the probable time period - 'outcome date certainty'.          Some of the measures being undertaken on priority basis for ensuring the timely and effective enforcement of commercial contracts involve exploring the possibility of setting up of specialized fast track courts/tribunals at the subordinate level and specialized commercial divisions at the High Court level to deal with the commercial cases and encouraging arbitration to resolve contractual disputes. This is in addition to the proposals that are being pursued for the adoption of information technology solutions and court and case management systems for handling such cases.  The Law Commission of India has recently submitted its 253rd Report on Commercial Division and Commercial Appellate Division of High Courts and Commercial Courts Bill, 2015 containing their recommendations on speedy disposal of high value commercial suits.  The report contains several valuable suggestions that are being examined by the Government. Some of the areas of concern that need to be taken up urgently are : · Inadequacy of judicial manpower. · Non-implementation of existing provisions aimed at expeditious disposal of cases. · Indiscriminate use of writ jurisdiction. · Need for Bar reforms. · National and State Litigation Policies. The Minister said there is a need to develop an appropriate institutional framework so that more and more disputes may be resolved using Alternative Dispute Resolution (ADR) mechanisms.  This involves setting up of adequate number of ADR centers, providing training to mediators and arbitrators and creating awareness about ADR processes.  This will help in reducing the burden of courts while at the same time providing parties with recourse to timely settlement of disputes.  The Government will shortly bring out necessary amendments to the Arbitration and Conciliation Act.   He informed that a proposal to amend the Negotiable Instruments Act to introduce measures to resolve cases arising under Section 138 through ADR mechanisms is currently under consideration.  Similarly the draft Road Transport and Safety Bill, 2014 prepared by the Ministry of Road Transport will introduce provisions for reduction in traffic challan cases and resolution of traffic cases without resorting to litigation as well as expeditious disposal of motor accident cases. Shri Sadananda Gowda said though many laws that have been outdated and are no longer relevant continue to remain in the statute book. He said Government has started the process of repeal of 36 original Acts, 750 Amending Acts and about 900 Appropriation Bills to clean up the statute book. The Minister opined that the adoption of information and communication technology (ICT) in the administration of justice is another important area.  This will help pave the way for revamping court processes, adopting court and case management systems and overall process re-engineering of the judicial system.  All of this is sought to be achieved through the e-Courts Mission Mode Project that is being implemented by the Department of Justice in association with the Supreme Court e-Committee and the National Informatics Centre. The objective of the e-Courts Project is to provide designated services to the citizens as well courts by ICT enablement of all district and subordinate courts. Phase I of this project focused on the computerization of subordinate courts, which will be followed by the setting up of centralized filing centres, digitization of documents, adoption of document management systems, creation of e-filing and e-payment gateways in Phase II of the project that was approved by the e-Committee of the Supreme Court in January 2014. Another area that needs urgent attention is the lack of comprehensive and accurate data relating to court cases.  Positive steps in this direction have been initiated through the launch of the e-Courts portal, which aims at creating the National Judicial Data Grid, providing citizens with online information about case filings, case status and electronic copies of orders and judgments from courts that have already been computerized.  However, we are still few steps away from providing real-time access to Judicial Data Grid.  Ensuring the availability of such real-time judicial statistics at the earliest possible will go a long way in enhancing transparency and accountability in our legal system. It will also encourage more insightful research and studies on various issues relating to judicial administration , the minister added. The successful completion of these initiatives for judicial reforms is a priority of the Government. He thanked the organisers  for inviting and sent suggestions and inputs related with his ministry will be welcome, said the minister. He also released a souvenir on the theme of conference ‘Strengthening economy through judicial reforms’

UKPCS-2012 PRE CUTOFF,UKPSC,SAMVEG IAS

GEN-189.25

http://ukpscappl.gov.in/resultapp/list_of_cutoff_marks_pcs.pdf

A new menu

ONE of the late R.K. Laxman’s best cartoons from the mid-1960’s portrays a smiling food minister looking out of a window at a heavy monsoon downpour saying, “This year we can tell the Americans to go to hell.” Fifty years ago, a good monsoon meant that that year, India was not dependent on food aid and wouldn’t have to go hat in hand to the Americans for food under the PL-480 programme. What a different world we are in today. Our agriculture is not as vulnerable to the monsoon and we have mountains of grain —  we maintain costly buffer stocks of more than twice our needs.

But while the world has changed, our food policy is stuck in a 50-year-old mindset. Back in the day, we set up the Food Corporation of India (FCI) to procure grain from farmers at prices set by the Commission for Agricultural Costs and Prices in order to encourage production, subsidised agricultural inputs such as fertiliser, pesticide, water and electricity, and provided cheap food to consumers through fair price shops. This helped India get rid of its dependence on food aid, made it self-sufficient in grain production and brought about a Green Revolution. But today, our needs are different and the world has moved on.

Yet we continue with that same policy, in an extremely inefficient manner and at a very high cost. This was brought home by the report of a special panel on the FCI, headed by former Food Minister Shanta Kumar. The report recommends sensible, practical, partial reforms and should be adopted. The proposed reforms would make our food policy more consistent with the rest of the world and 

After the Bali meeting, India had three options: continue with the current system but try to reduce leakages through e-monitoring, undertake comprehensive reforms by shifting entirely to direct benefit transfers (DBTs) and shrink the FCI into a tiny buffer stock-holding agency, or effect partial reforms by introducing DBTs in major urban areas and allowing private traders to purchase and supply grain to the FCI for the remaining requirements. The panel has opted for partial reform but has gone further by suggesting revisions to the National Food Security Act (NFSA).

The report makes five sensible and practical suggestions. First, get the FCI out of the business of procurement in grain-surplus states like Punjab, Haryana, Madhya Pradesh, Chhattisgarh, Andhra Pradesh and Odisha, and shift its focus to eastern Uttar Pradesh, Bihar, Assam and West Bengal. The FCI can purchase grain above its NFSA needs from surplus states, but the actual purchasing should be handled by the states themselves. Getting the FCI out of direct procurement is a good idea and it’s not clear why pushing it into procurement in the eastern states is desirable. It would be better to build procurement capacity ineastern states and help fuel another green revolution.

Second, the report pushes for a national warehousing system under a PPP model to reduce wasteful storage and transport costs. Farmers can deposit their produce at these warehouses and receive up to 80 per cent of the MSP value of this produce from banks — and then sell it later at market prices. This will be a major improvement as it would reduce storage costs and wastage.

Third, the panel suggests that state bonuses be the responsibility of the states and levies be made uniform at 3 per cent. This would help avoid the costs of huge bonuses paid by the states and financed by the levies they charge the FCI to procure from their farmers.

Fourth, the panel moots shifting to cash payments for inputs like fertilisers and rationalising the price of urea so that the NPK mix, which has been distorted by urea pricing, is reversed. Smuggling to neighbouring countries and other distortions caused by urea pricing would also be removed. Huge productive investments in the fertiliser sector are needed but have been held back by the absurd pricing system, which has made India even more dependent on fertiliser imports.

Fifth, the panel suggests amending the NFSA and reducing the subsidised population to 40 per cent instead of the current 67 per cent. It also suggests BPL consumers get more subsidised grain — 7 kg vs 5 kg — but that the issue price be linked to MSPs, except for the very poor. Further, in cities that have a population of more than one million, fair price shops should be replaced by DBTs.

If implemented, these recommendations would provide more food for the poorest population, reduce FCI costs, bring private trade back into the system and give poor urban consumers greater choice in their food basket. It will hurt labour unions that are gaming the FCI system and states that use bonuses as a political handout, which they get the Centre to pay for through levies. This would hugely reduce the massive leakages and corruption in the food chain.
If India can implement these reforms in the coming years, it would also avoid unnecessary battles at the WTO. It’s time to begin reforming a system that may have served us well 50 years ago but is now benefiting a few at a huge cost.

Maintaining growth in India

The global economy’s slowdown has not spared India. Sustaining the growth that it needs to continue to lift millions of people out of poverty will require rethinking its economic-policy approach. If India is to succeed, it will have to deepen regional and domestic demand, strengthen its macroeconomic institutions, and join in the fight for an open global system. Diminished expectations abroad should not lead India to lower its ambitions.

Fulfilling these ambitions will require efficiency-boosting investments, particularly in infrastructure. Every corner of the country should be linked to domestic and international markets through roads, railways, ports, and airports. Inputs, such as energy, minerals, and water, must be made available at competitive prices. The country should be linked to broader markets through mobile devices and broadband, and access to finance must be made easier, especially for those who traditionally have been excluded. Plans to achieve these goals are being developed; they must now be implemented.

Moreover, human capital must be improved. This presupposes higher investment in healthcare, nutrition, and sanitation, so that India’s citizens are healthy and able; education tailored to developing skills that are valued in the labour market; and the creation of jobs in firms that have an incentive to invest in training. Achieving all of this requires that the bureaucracy focus on serving the economy, rather than—as has too often been the case—vice versa. Promisingly, the political leadership has affirmed its belief in “minimum government, maximum governance.”

Fuelling growth through domestic demand will have to be carefully managed. As a country that does not belong to any power bloc, India cannot afford to put itself in the position of needing multilateral support—a trap into which even developed countries, like Portugal and Spain, have fallen. There is the risk of over-stimulation, with fiscal deficits fuelling large current-account deficits and debts, which suddenly become unsustainable when money gets tight. The few emerging economies that have avoided booms and busts have done so by adhering to sound policy frameworks.

Fiscal prudence is essential. Whether India needs more institutions to control deficits and monitor the quality of its budgets is a question worthy of discussion. A number of countries have independent organs that pronounce on budgets. These bodies are especially important in providing budgetary estimates, particularly for unfunded long-term liabilities. As the experience of developed countries has shown, long-term fiscal commitments, such as universal pensions and healthcare, can be easy to make, but difficult to fulfil.

On the monetary side, Reserve Bank of India should focus on keeping inflation low and stable, ensuring optimal conditions for growth. As it focuses on inflation, however, RBI must recognise that emerging markets are not as resilient as industrial economies. They are more fragile, and their households’ economic buffers and safety nets are thinner. Disinflation, when necessary, cannot be as steep.

RBI will also have to pay attention to financial stability. This is normally a secondary objective, but it may become central if the economy enters a low-inflation credit and asset-price boom. It will be important to remember that the central bank’s role is not to boost stock prices, but to ensure that the economy’s underlying fundamentals and its financial system enable sustainable growth.

India will run a current-account deficit for the foreseeable future, which means that it will need net foreign financing. The most stable form of financing, foreign direct investment has the additional benefit of bringing in new technologies and methods. But India should not be railroaded into compromising its interests to attract FDI. For example, India’s requirements for patenting a medicine are perfectly reasonable, regardless of what the international drug companies say. But India must ensure that its policies are transparent, and that contractual disputes, especially over taxation, are quickly resolved. Efforts to ensure this have already begun.

Finally, as a country that does not export vital natural resources and is dependent on substantial commodity imports, India needs an open, competitive, vibrant system of international trade and finance. India’s energy security, for example, depends not on owning oil assets in remote fragile countries, but on ensuring that the global oil market works well and is not disrupted. Strong, independent, multilateral institutions that can play the role of impartial arbiter in facilitating international economic transactions are in India’s interest.

For now, the international monetary system remains dominated by the frameworks implemented by developed countries. Though this is slowly starting to change, there is a growing need for a rapid overhaul. As developed countries struggle with slow growth and large debt burdens, their interest in an open global system can no longer be taken for granted. Indeed, their policymakers’ attention is likely to turn inward amid growing demands for protectionist measures.

Responsibility for keeping the global economy open may thus fall on emerging countries like India. That is why these countries must press for quotas and management reforms in multilateral institutions and inject new agendas, new ideas, and new thinking into the global arena. India can no longer simply object to proposals by developed countries; it must put its own proposals on the table. Our research departments, universities, and think tanks have to generate ideas that India’s representatives can use.

India can continue to thrive if it invests in physical and human capital and pursues prudent fiscal and monetary policies. But this strategy also requires India to embrace its place on the international stage.

Shri Jaitley releases India/Bharat - 2015 Reference Annual

Shri Jaitley releases India/Bharat - 2015 Reference Annual E-version of India/Bharat Reference Annual from next year

The Minister of Finance, Corporate Affairs, and Information and Broadcasting, Shri Arun Jaitley has said that the publication India 2015 reflected a great tradition of authentic and updated information on different aspects of India’s development. The Minister emphasized that Books and other knowledge products presently in printed format ought to be made available through digital medium in view of the shift in technology paradigms. The new Digital medium would provide enhanced accessibility and affordability of information to a wider audience. Shri Jaitley stated this while releasing India /Bharat 2015 Reference Annual published by Publications Division and New Media Wing under the aegis of Ministry of Information & Broadcasting here today.

AERO India-2015: A Preview

Bolstering “Make in India” theme in defence manufacturing -- Aero India-2015 -- the 10th international edition of the aerospace and aviation exhibition at Bengaluru from February 18-22, will also include sectors like defence manufacturing and airport infrastructure besides aerospace, defence and civil aviation. Describing the biennial event organized by Defence Exhibition Organisation (DEO) under the aegis of Ministry of Defence as being one of the largest premium airshows in Asia, Secretary (Defence Production) Shri G Mohan Kumar outlined the impetus of the “Make in India” initiative during the forthcoming edition of the event. “We want to set ‘Make in India’ as the major theme of the exhibition and see ‘Make in India’ progress in the defence sector also,” Secretary (DP) Shri Kumar said at a curtain raiser for Aero India 2015 in New Delhi, today. Prime Minister Shri Narendra Modi will inaugurate the premium air show. Besides 54 ministerial and other high-level delegations from several countries that are slated to attend the inaugural event, the exhibition will also see participation by over 600 companies, including 295 Indian and 328 foreign companies. With 64 companies, USA is the leading participant in the exhibition among the 33 other countries participating. Others who are fielding more than 15 companies include France (58), UK (48), Russia (41), Israel (25) and Germany (17). The pre-eminence of the exposition has grown manifold since the inaugural exhibition in 1996. Around 300 CEOs from Indian and foreign industries are expected to attend the event. Business-to-business (B2B) and round-table meetings of Indian companies with those of Israel, UK and Poland will also be held at the event. Heads and senior representatives from the Indian Armed Forces and Paramilitary Forces besides Service Chiefs from nine foreign countries are also among those attending the event. For the first time few states who want to be partners in defence production and are keen to set up defence-related industry and SEZz are also participating in the exhibition. These include Karnataka, Gujarat and Andhra Pradesh. A “Make in India” Defence Manufacturing Investors Summit and Global CEOs Conference to be chaired by Defence Minister is also being held for the first time during the air show. Speakers from leading Indian Defence Industries including TATA, Mahindra, L&T, Adani, Bharat Forge and Presidents’ of leading Indian Business Chambers (CII, FICCI, ASSOCHAM and PHD) will also share their vision on defence manufacturing in India. Role of cyber security in defence, aerospace and civil aviation, public-private partnership, integrating Indian aerospace industry into a global supply chain, creation of infrastructure and enhancing regional-rural connectivity, empowering and incentivizing Indian MSMEs in defence and aerospace sectors, using defence offsets to create a vibrant domestic defence industrial base are among some of the topics to be featured at the CII, FICCI and PHD held airshow seminars. Even as the number of business visitors is expected to rise by nearly 50 per cent from the last edition to 1,50,000 this year, the air show is invariably a huge attraction for aviation aficionados who throng to the event to witness the static and air display by various aircraft including fighter, transport, helicopter and aerobatic display teams. While the number of aircraft participating in static and air displays is tentatively 72, scintillating and enthralling displays by Indian Air Force Sarang Team, air display teams from Sweden, UK, Czech Republic and open sky jump by USA Special Forces are among the major attractions at Aero India-2015. Among the foreign military aircraft that will be seen at the airshow include F-15C Eagle, Lockheed F-16C, Boeing KC-135, Boeing C-17 A Globemaster III, Boeing P-8A Posedon, Rafale Dassault and Emb-145 I. The foreign civil aircraft participation includes PC-12 NG, Falcon 2000, Phenom 100E, Boeing B 75, Boeing A 75, Viking, Catwalk, WASP, RRJ 95, EMB 505, Bell 407 GX Helicopter, King Air 350 ER, 19-seater Turbo Prop AI Industry, Z Lin Z 50 LX, Oma Sud Sky Car, Falcon 7 X and Dornier 228-New Gen

Trysts with e-governance

Life has become simpler for dogs and drivers, but could be even more so

Soon after we moved to Mumbai a few years ago, we were informed that our dog needed a licence from the municipal authorities. Not wanting the favourite member of the family deemed an illegal alien, we set out to obtain one. We entered the building with trepidation, born out of years of frustrating and mind-numbing encounters in government offices, expecting to spend much of the day moving from one counter and one queue to another. Not to mention, the dust, grime and stacks of musty files.

We needn't have worried. The customer-facing part of this particular office had clearly been re-done with e-governancein mind. A number of counters all with desktops, a large waiting area and, best of all, hardly any queues greeted us. I reached the counter and requested a dog licence. Instantaneously, a form appeared on the screen - name, father's name, dog's name, etc, etc. When the dog's breed was mentioned - dachshund - a dropdown menu appeared. Standard or miniature? Smooth, wiry or long-haired? I was impressed! Then came the first hurdle. Dog's age? Eight. Months? No, years. Hesitation and a worried look on the other side of the counter. She then asked me to wait and called a huddle with her colleagues. My heart sank.

It didn't take them very long, though. She came back and told me that the system did not allow her to issue a new licence for an eight-year-old dog. She could only renew an existing licence; a new one was issuable only to a dog less than one year old. The empire strikes back! I said that we'd just moved from New Delhi, so I couldn't have got him a Mumbai licence before this in any case. But, apparently, there was no provision for adult dogs re-locating to Mumbai.

I asked how much the licence fee was. She said it was Rs 100 a year. Rs 100?! I offered a solution. Let me pay the back dues - Rs 800 in all and issue me licences for his whole lifespan. She called another huddle and, re-assured by her colleagues, agreed to this proposal. In and out in about 20 minutes. Not bad at all! But then came the second twist. Go upstairs and get a signature, I was told. My old fears came rushing back.

I walked up the stairs and with every step, the old stereotype of government offices came more and more into view. I found the room, entered and was directed to a desk that was, predictably, unoccupied. No one else in the room volunteered any information, so I just waited - amidst the dust, grime and musty files. Fortunately, the person returned in a few minutes. He looked at me as though I was something he'd scraped off his shoe, but took the licence and signed it without a word. No perceptible value was added by this process, but it took just another 10 minutes and showed me a look that I've been trying to imitate since.

Back in New Delhi, I had to renew my driving licence, which had been issued in Mumbai. The last time I did this, it took six weeks. The Mumbai licence had to be sent back for a no-objection certificate, on receipt of which the New Delhi authority would issue me a fresh licence. Two trips to the office, each of which lasted a few hours, jumping through a number of hoops, the nightmare government office environment - I had the full experience. This time around, though, I was obviously on a different planet.

There was a new office within walking distance from my home. The public areas of the facility were spacious, clean and airy, full of promise for efficient transacting. The room that I was directed to was occupied and the person in charge was handling multiple transactions with great efficiency.

Then came the great surprise! He looked at my licence and, in response to my query about how long it would take, said that just the same as any local licence renewal. I asked about the whole six-week procedure and he said that that was no longer in place. There was a national register of licences now and all I had to do was to get a printout of my Mumbai registration. I got that in about five minutes from another counter and then just had to fill out the regular forms for a local renewal. In and out in 15 minutes, plus another visit, based on an appointment made over the phone - they called me - to get photographed and the licence issued. It reached me by mail a week later. Total time spent in the authority office on both visits: 30 minutes. I was ecstatic!

Even then, while going through the process, I felt it could be speeded up further. I had to stand in about four different queues to complete the process. About half the people ahead of me in all of them turned out to be in the wrong queue. Information about each counter's functions are provided, but sketchily and apparently beyond many people's comprehension. The need to visit multiple counters itself is part of a legacy process that detracts from efficiency.

Based on these and a few other transactions, I am hugely appreciative of how much better routine interface with government has become. But there is always room for improvement.

First, do away with needless steps in the process. E-governance systems make many steps and, consequently, people redundant, but we seem to feel the need to keep them occupied in some way. Hence, the traipse up the steps and the scathing look. It took me only 10 minutes, but the queue for his signature could have been a lot longer.

Second, create full-service counters. Enable all counters to carry out all the steps in the process. Specialised counters are a legacy of a manual process and can easily be done away with, saving time and easing confusion.

Third, provide more comprehensible information and better facilitation services. The much-maligned touts who have been barred now, among other things, were also effective information providers. Their disappearance has left a vacuum, both for customers and new employees! It needs to be filled by the system.

And, of course, accommodate the possibility of adult dogs re-locating!