29 April 2015

Towards an Indian #GST regime

Make no mistake about it. What India is likely to get, if its politicians agree to the idea finally, will be a sui generis version of an Indian goods and services tax (GST) regime. It will be truly an indigenous model and a product of India's fractious politics, containing all the imperfections of a system that the GST's original proponents would shudder at.

The reasons for the GST experts' disenchantment are obvious. Far from creating a barrier-free pan-Indian market for smooth transaction of goods and services across the country, the proposed system may well create new tax hurdles. Instead of improving tax compliance, there could be a strong incentive for tax payers to avoid the higher tax burden to be imposed by the new system. The tax base too may not widen because of the many items that would be excluded from the GST chain. And, most important, instead of enhancing the value of the country's economic activity, the proposed GST system may well be a dampener for achieving higher growth in gross domestic product or GDP.

The success of a GST system is largely dependent on the width of its coverage. All items in the tax chain must ideally be included in the GST system to achieve the best results. That also helps eliminate the incidence of paying tax on taxes, reduces the cascading effect of a tax system and enables producers of goods and services to enjoy the set-off benefits on the taxes they may have paid at various intermediate stages.

However, the proposed GST regime now under consideration of the Indian Parliament is likely to exclude potable alcohol, tobacco and petroleum products. Taken together, they account for a large chunk of the indirect taxes base in the country. Unfortunately, this exclusion is largely triggered by some of the states' myopic desire to preserve their revenue streams. This is often aided and abetted by the federalist streak among many of the Indian states to assert their right and freedom to fix duties on certain products as they please. Worse, such an approach is often inspired by irrational thinking and narrow political calculations based on party affiliations.

Experts also point out that the exclusion of items from the GST chain results in a higher rate of final taxes to be paid under the new system - or the revenue neutral rate. The legislative Bill seeking to to introduce GST does not indicate the revenue neutral rate and delegates that responsibility to the GST Council, which will be a body composed of the finance ministers of the Centre and states. If, recent studies by some expert bodies are an indication, the revenue neutral rate with the proposed exclusion of items could well be around 27 per cent - almost half of which will be the state GST rate and the other half would be the central GST rate.

This is considered too high a revenue neutral rate to ensure an easy buy-in for states and address concerns of a sharp increase in the tax burden. Barring a few Scandinavian countries, the revenue neutral rate for GST is well below the 20 per cent mark in most countries. True, a GST regime with a 27 per cent revenue neutral rate might help improve the country's low tax to GDP ratio, but surely a more prudent and effective way of improving that ratio would be to increase the coverage and the base of direct taxes.

A far more risky idea in the proposed GST regime is the imposition of a one per cent tax on all cross-border sales of goods and services by states, in addition to the GST rate. There is now a demand from two producing states of Gujarat and Maharashtra that the additional tax on inter-state sale of goods and services be raised to two per cent to help them protect their revenues. GST is a tax levied by a state where the goods and services are consumed and hence states that produce them are afraid that they might lose revenue.

If the additional duty is allowed, under political pressure, the spirit of the GST regime would be seriously undermined. Imports would get a fillip as they would not be subjected to the additional tax, whose multiplier effect, every time the goods enter a new state, would be substantial, dealing a blow to the government's 'Make in India' programme.

Add to this the fact that the real estate sector will not be covered under the proposed GST. Thus, all construction activities and the expenditure incurred on them would be outside the GST chain, robbing their suppliers of the benefits of setting off their intermediate tax burden against their final tax liability. Not surprisingly, instead of adding to the country's GDP, the new GST regime with all these imperfections may perpetuate the barriers that split the large Indian market into 29 states and seven union territories. In addition, they may undermine whatever additional growth the proponents of the new taxation system may have envisaged as a net gain for the economy.

Congress president Sonia Gandhi had led her party's walk-out from the Lok Sabha, lodging her protest against the new GST regime. It is not clear what changes she or her party wanted in the GST regime, an idea that was first mooted and even introduced in Parliament by her party when in power. The problem is that the country is in such a political situation, with states flexing their muscles in the name of federalism, that a new idea like the GST regime does not appear feasible in its original form. Whichever be the government at the Centre, it has to accept the fact that the Indian polity is not yet ready for wholesale changes in economic policies that will require major shifts either in the way states collect their taxes or in the way companies do business.

What should Finance Minister Arun Jaitley do? Should he scrap the current proposal for what is clearly an imperfect GST and wait for more consultation and consensus to help formulate a perfect GST? That would not be a pragmatic move. The nation has waited for a GST regime for far too long. It would be wiser to make a beginning even with an imperfect GST, with all its flaws, as long as the government is committed to addressing the concerns that arise over time. It should also ensure that the new structure should be such that necessary changes to address those concerns can be brought about without going through a long-winded process.

Measures to Check Mortality Rate of Children


Under the National Health Mission (NHM), following interventions are being implemented to bring down mortality rate among children in all States:

1. Janani Shishu Suraksha Karyakaram (JSSK): entitles all pregnant women delivering in public health institutions to absolutely free and no expense delivery including Caesarean section. The initiative stipulates free drugs, diagnostics, blood and diet, besides free transport from home to institution, between facilities in case of a referral and drop back home. Similar entitlements have been put in place for all sick infants accessing public health institutions for treatment till one year of age.

2. Facility Based Newborn Care (FBNC) at different levels to reduce child morbidity and mortality: Setting up of facilities for care of sick newborn such as Special New Born Care Units (SNCUs), Newborn Stabilization Units (NBSUs) and Newborn Care Corners (NBCCs) at different levels is a thrust area under NHM.

3. Home Based New Born Care (HBNC): Home based newborn care through ASHAs has been initiated to improve new born practices at the community level and early detection and referral of sick new born babies.

4. India Newborn Action Plan (INAP) has been launched with an aim to reduce neonatal mortality and stillbirths.

5. Newer interventions to reduce newborn mortality- Vitamin K injection at birth, Antenatal corticosteroids for preterm labour, kangaroo mother care and injection gentamicin to young infants in cases of suspected sepsis.

6. Intensified Diarrhoea Control Fortnight was observed in August 2014 focusing on ORS and Zinc distribution for management of diarrhoea and feeding practices.

7. Integrated Action Plan for Pneumonia and Diarrhoea (IAPPD) launched in four states with highest child mortality (UP, MP, Bihar and Rajasthan).

8. Management of Malnutrition: Nutritional Rehabilitation Centres (NRCs) have been established for management of severe acute malnutrition in children.

9. Appropriate Infant and Young Child Feeding practices are being promoted in convergence with Ministry of Woman and Child Development.

10. Village Health and Nutrition Days (VHNDs) are organized for imparting nutritional counselling to mothers and to improve child care practices.

11. Mother and Child Tracking System (MCTS): A name based Mother and Child Tracking System has been put in place which is web based to ensure registration and tracking of all pregnant women and new born babies so that provision of regular and complete services to them can be ensured.

12. Rashtriya Bal Swasthya Karyakram (RBSK) for health screening and early intervention services has been launched to provide comprehensive care to all the children in the age group of 0-18 years in the community. The purpose of these services is to improve the overall quality of life of children through early detection of birth defects, diseases, deficiencies, development delays including disability.

13. Under National Iron Plus Initiative (NIPI), through life cycle approach, age and dose specific IFA supplementation programme is being implemented for the prevention of anaemia among the vulnerable age groups like under-5 children, children of 6 – 10 years of age group, adolescents, pregnant & lactating women and women in reproductive age along with treatment of anaemic children and pregnant mothers at health facilities.

14. Capacity building of health care providers: Various trainings are being conducted under NHM to train doctors, nurses and ANMs for essential newborn care, early diagnosis and case management of common ailments of children. These trainings are on Navjaat Shishu, Suraksha Karyakram (NSSK), Integrated Management of Neonatal and Childhood Illnesses (IMNCI), Facility Based Newborn Care (FBNC), Infant and Young Child Feeding practices (IYCF), etc.

15. Universal Immunization Programme (UIP) covers about 13.5 crore children for vaccination against seven vaccine preventable diseases, through 90 lakh immunization sessions each year. 

26 April 2015

Supreme Court sets aside government’s decision to include #Jats in the central list of OBCs for certain states

On March 17, 2015, the Supreme Court set aside the decision of the central government to include Jats in the central list of Other Backward Classes (OBCs) for certain states.37 In February 2014, the National Commission for Backward Classes (NCBC), after having examined the issue, had recommended not including Jats in the central list of OBCs. However, on March 4, 2014, the central government included Jats in the central list of OBCs in Bihar, Gujarat, Haryana, Himachal Pradesh, Delhi, Rajasthan (Bharatpur and Dholpur districts), Uttar Pradesh, and Uttarakhand.
The Court made the following major observations while setting aside the government‟s decision:

  On bypassing the advice of the NCBC: The Court pointed out that: (i) the observations in Indra Sawhney vs. the Union of India, and (ii) the provisions of the National Commission for Backward Classes Act, 1993; indicate that the recommendations of the NCBC are normally binding on the government.38,39 Further, there was no valid reason for the government to bypass the advice of NCBC.
  On the determination of ‘backwardness’: The Court pointed out that backwardness is caused by factors which may be social, cultural, economic, educational, political, etc. While backwardness has been associated with caste in the past, the Court has discouraged the identification of a group as backward only on the basis of caste. The Court stated that new methods must be developed to identify new groups which deserve the protection of the State, such as transgenders, moving away from a „caste-centric‟ definition of backwardness.
 On using outdated reports and lists: The government argued that the OBC lists of states can be a reasonable ground for the inclusion of communities in the central list of OBCs. However, the Court pointed that

National ‪#‎SupercomputingMission

CCEA approves the National Supercomputing Mission The Cabinet Committee on Economic Affairs approved the launch of the National Supercomputing Mission (NSM) on March 25, 2015. It will be jointly implemented by the Department of Science and Technology and the Department of Electronics and Information Technology at an estimated cost of Rs 4,500 crore over a period of seven years. 22 The NSM has been conceptualised in response to the increasing computing demands of the scientific and academic sectors in the country.

 It aims to:  Install a vast supercomputing grid comprising of around 70 high-performance computing facilities,
 Professionally train human resources for meeting challenges in the development of applications,
  Provide qualitative and quantitative improvement in research and development (R&D) and higher education, in the disciplines of science and technology
,  Enable comparability to countries advanced in supercomputing such as the US, Japan, China, etc. Supercomputers will also be networked on the National Supercomputing grid over the National Knowledge Network, which is a programme connecting academic institutions and R&D labs over a high speed network. These institutions as well as departments and ministries of the government will use supercomputing facilities and develop applications of national relevance.

Cabinet approves approach and key components of #eKranti: #NeGP 2.0

Cabinet approves approach and key components of e-Kranti: NeGP 2.0

The Union Cabinet approved the approach and key components of the e-Kranti or National eGovernance Plan (NeGP) 2.0 on March 25, 2015. This programme will be implemented by the Department of Electronics and Information Technology under the Ministry of Communications and Information Technology. 21 E-Kranti is one of the components of the Digital India programme.
 The aim of the programme is to deliver all government services electronically to citizens, at affordable costs, while ensuring efficiency and transparency. The first NeGP (launched in 2006) had revealed several implementation issues. The e-Kranti programme is being launched to improve delivery of government services such as e-education, ehealthcare, etc.

Some key objectives are to:
 Redefine NeGP with outcome oriented eGovernance initiatives,  Enhance portfolio of citizen centric services,
  Ensure optimum usage of core Information and Communication Technology (ICT), and
  Leverage emerging technologies. Some of e-Kranti‟s key principles include providing ICT infrastructure on demand, cloud by default, fast tracking approvals, National GeoSpatial Information System, etc. The programme management structure approved for Digital India would be used for monitoring the implementation of e-Kranti as well.

Cabinet gives approval for utilization of stranded gas based generation capacity

Cabinet gives approval for utilization of stranded gas based generation capacity The Cabinet Committee on Economic Affairs gave its approval to a policy to revive and improve utilization of gas based power generation capacity in the country.18 This capacity has been under-utilized due to shortfall in the production of domestic natural gas in the country. The policy will create a mechanism through which Regasified Liquified Natural Gas (RLNG) will be imported to supply to stranded gas plants so that they can generate power. Under this mechanism, the central and state government will exempt the imported RLNG from certain taxes and levies. Gas transporters and re-gasification terminals will reduce their transportation tariff, marketing margin and regasification charges on RLNG. The central government has also proposed to provide support to Discoms from the Power System Development Fund (PSDF) through a transparent reverse ebidding process. With the discovery of domestic natural gas in the Krishna Godavari river basin, the availability of natural gas in the country was expected to increase. This led to the setting up of several gas based power plants. However, the supply of domestic gas to power plants from the river basin started declining in 2012 and completely stopped in March 2013. Since then, these gas based power plants have been under-utilized or not operating. This new mechanism is expected to improve the supply of natural gas to these plants. 

The #Insurance Laws (Amendment) Bill, 2015 passed by Parliament

The Insurance Laws (Amendment) Bill, 2015 was passed by Parliament on March 12, 2015.4 The Bill replaced an Ordinance which was promulgated in December 2014. Key features of the Bill include:
  Foreign Shareholding: The composite foreign equity investment cap of 49% in Indian companies should be inclusive of all forms of foreign direct investment and foreign portfolio investments.
  Capital Requirements: In addition to defining a health insurance business, the Bill states that a company engaged exclusively in the health insurance business cannot register unless it has a paid up equity capital of Rs 100 crore. Additionally, a provision has been introduced stating that a foreign reinsurer has to have net owned funds of at least Rs 5,000 crore in order to register the insurance company.
  Appeals: According to the Act, the government can appoint an officer to ensure compliance of capital requirements by a general or life insurer. This decision can be appealed in the High Court. The Bill states that the appointment can be made by IRDA, and that this decision can be appealed in the Securities Appellate Tribunal.

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