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DAILY CURRENT AFFAIRS, 30 AUGUST 2023

REAL ESTATE REGULATION ACT (RERA)

 
 
1. Context
The Amitabh Kant committee, which was tasked by the Government with suggesting ways to revive stalled real estate projects, acknowledged the financial stress of real estate developers but recommended no direct support
 
2.Amitab Kant Committee
The Amitabh Kant committee was constituted by the Ministry of Housing and Urban Affairs in March 2023 to examine stalled real estate projects and to recommend ways to complete the stalled projects. Amitabh Kant, former CEO of NITI Aayog, chaired the committee
The committee submitted its report to the Ministry of Housing and Urban Affairs on August 21, 2023. The report found that there were about 4.12 lakh dwelling units of Rs.4.08 lakh crore that were stalled. The main reason for the stalling of these projects was lack of financial viability.
The first question before the committee was how many and where are the legacy stalled projects located

Here are some of the key findings of the report:

  • The number of stalled real estate projects is about 4.12 lakh dwelling units of Rs.4.08 lakh crore.
  • The main reason for the stalling of these projects is lack of financial viability.
  • The developers are unable to complete the projects due to lack of funds.
  • The homebuyers are also facing difficulties due to the stalling of the projects.
  • The government needs to take steps to revive the stalled real estate projects.
3.Real Estate (Regulation and Development) Act, 2016 (RERA)
The Real Estate (Regulation and Development) Act, 2016 (RERA) is an Act of the Parliament of India that seeks to protect home-buyers as well as help boost investments in the real estate industry. The Act establishes a Real Estate Regulatory Authority (RERA) in each state for regulation of the real estate sector and also acts as an adjudicating body for speedy dispute resolution

3.1. Key features

 

Key features of the Real Estate Regulation Act (RERA) 2016:

  1. Mandatory Registration: The Act mandates that all residential and commercial real estate projects with a land area of more than 500 square meters or more than eight apartments must be registered with the respective state's Real Estate Regulatory Authority (RERA).

  2. Disclosure of Project Details: Developers are required to provide comprehensive information about the project, including layout plans, timeline, approvals, and details of the promoter. This ensures greater transparency for prospective buyers.

  3. 70:30 Rule: Developers are required to deposit 70% of the funds collected from buyers into a separate escrow account. This measure prevents developers from diverting funds meant for a specific project to other activities.

  4. Adherence to Timeline: RERA mandates that developers complete projects within the specified timeline, and delays can result in penalties. This helps protect buyers from extended project delays.

  5. Defects Liability: Developers are liable for any structural defects or poor workmanship in the project for a specified period after possession. Buyers can approach the developer for rectification within this period.

  6. Real Estate Agents: The Act also covers real estate agents, requiring them to register with RERA and adhere to certain standards of conduct and professionalism.

  7. Transparency in Marketing: Developers must advertise and market projects based on the details provided in the RERA registration. False or misleading advertisements are prohibited.

  8. Appellate Tribunals: Each state has established a Real Estate Appellate Tribunal to hear appeals against decisions of the Regulatory Authority and Adjudicating Officer.

  9. Dispute Resolution: The Act establishes a mechanism for dispute resolution between buyers and developers, aiming to provide quicker and more efficient solutions.

  10. Punitive Measures: In case of non-compliance with the provisions of the Act, penalties can be imposed on developers, promoters, and real estate agents.

4. Way forward
According to RERA, each state and Union territory will have its own regulator and set of rules to govern the functioning of the regulator. Centre has drafted the rules for Union territories including the national Capital.
In many places, land acquisition becomes an issue. Errant builders often sell projects to investors without the approval of plans, unauthorised increase in FAR, bad quality of construction, projects stuck in litigation etc.
 
 
Source: indianexpress

PRADHAN MANTRI JAN DHAN YOJANA (PMJDY)

 
 
 
1. Context
Finance Minister Nirmala Sitharaman on Monday said Jan Dhan Yojana-led interventions and digital transformation have revolutionised financial inclusion in the country, as more than 50 crore people have been brought into the formal banking system with cumulative deposits surpassing Rs 2 lakh crore.
 
2.Background
  • The Pradhan Mantri Jan Dhan Yojana (PMJDY) is a national financial inclusion scheme launched by the Government of India in 2014.
  • The objective of this scheme is to ensure access to financial services at affordable cost to all the families in the country
  • The primary objective of the scheme is to ensure that every household in India has access to basic banking services, such as a savings account, insurance, and pension.
  • The program aims to bring the marginalized and economically weaker sections of society into the formal financial system and promote financial literacy
 
3. Objectives
  • Ensure access of financial products & services at an affordable cost
  • Use of technology to lower cost & widen reach
  • Opening of basic savings bank deposit (BSBD) account with minimal paperwork, relaxed KYC, e-KYC, account opening in camp mode, zero balance & zero charges
  • Issuance of Indigenous Debit cards for cash withdrawals & payments at merchant locations, with free accident insurance coverage of Rs. 2 lakhs
  • Other financial products like micro-insurance, overdraft for consumption, micro-pension & micro-credit
 
4.Key features of PMJDY

Key features of Pradhan Mantri Jan Dhan Yojana (PMJDY):

  1. No Minimum Balance Requirement: Under this scheme, individuals can open a bank account with zero minimum balance requirements. This is particularly beneficial for those who were unable to open bank accounts due to financial constraints.

  2. Access to Banking Facilities: Account holders are provided with a basic savings account that allows them to deposit and withdraw money, and it also comes with a RuPay debit card which enables access to ATMs and facilitates cashless transactions.

  3. Accidental Insurance Cover: Account holders are eligible for accidental insurance coverage. Initially, the insurance coverage was Rs. 1 lakh, but it was increased to Rs. 2 lakh.

  4. Overdraft Facility: After a certain period of satisfactory operation of the account, account holders are eligible for an overdraft facility of up to Rs. 10,000, which helps them during emergencies.

  5. Financial Literacy Programs: The scheme also emphasizes financial literacy and aims to educate account holders about the benefits of formal financial services, proper money management, and the importance of saving.

  6. Direct Benefit Transfer (DBT): PMJDY accounts are often linked to various government welfare schemes, allowing beneficiaries to receive subsidies and benefits directly into their bank accounts, reducing leakages and ensuring efficient delivery of services.

  7. Pension Schemes: Account holders can also access pension schemes like Atal Pension Yojana and Pradhan Mantri Shram Yogi Maan-Dhan Yojana, which provide social security and retirement benefits.

  8. Mobile Banking: The scheme promotes the use of mobile banking through USSD (Unstructured Supplementary Service Data) codes, allowing account holders to access banking services using basic mobile phones.

5.Conclusion
The PMJDY has contributed significantly to increasing financial inclusion in India by bringing millions of people into the formal financial sector who previously did not have access to such services
The Pradhan Mantri Jan Dhan Yojana has been widely recognized for its success in expanding financial inclusion in India and has received attention from international organizations as well
 
 

 

Previous Year Questions

1.‘Pradhan Mantri Jan-Dhan Yojana’ has been launched for (UPSC CSE 2015)

(a) providing housing loan to poor people at cheaper interest rates
(b) promoting women’s Self-Help Groups in backward areas
(c) promoting financial inclusion in the country
(d) providing financial help to the marginalized communities

Answer: (c)

 

1.Pradhan Mantri Jan Dhan Yojana (PMJDY) is necessary for bringing unbanked to the institutional finance fold. Do you agree with this for financial inclusion of the poorer section of the Indian society? Give arguments to justify your opinion. (2016)

Source: pib

BASIC STRUCTURE OF INDIAN CONSTITUTION

 

1. Context

The debate, which had raised great passions in 1951 during the discussion on the First Amendment of the Constitution has now been resuscitated by the assertion of Ranjan Gogoi that the “Basic Structure Doctrine” has “a very debatable jurisprudential basis”

2. What is the Basic Structure Doctrine?

  • The Doctrine of Basic Structure is a form of judicial review that is used to test the legality of any legislation by the courts.
  • The doctrine was evolved by the Supreme Court in the 1973 landmark ruling in Kesavananda Bharati v State of Kerala. In a 7-6 verdict, a 13-judge Constitution Bench ruled that the ‘basic structure’ of the Constitution is inviolable, and could not be amended by Parliament. 
  • If a law is found to “damage or destroy” the “basic features of the Constitution”, the Court declares it unconstitutional.
  • The test is applied to constitutional amendments to ensure the amendment does not dilute the fundamentals of the Constitutional itself. 

3. Evolution of Basic Structure Doctrine

3.1 Shankari Prasad Case, 1951

  • SC opined that the power of the parliament to amend the constitution under Article 368 also includes the power to amend Fundamental Rights.
  • It based its judgment on the logic that the word ‘law’ mentioned in Article 13 includes only ordinary laws and not constitutional amendment acts.

3.2 Golaknath Case, 1967

  • SC overruled its judgment. It ruled in this that- Fundamental Rights are given a transcendental and immutable position and hence the Parliament cannot abridge or take away any of these rights.
  • It opined the constitutional amendment act is also a law under Art 13.
  • Parliament reacted to this judgment by enacting 24th amendment act which included a provision in Art 368 which declared that Parliament has power to take away any of the fundamental rights.

3.3 Keshavananda Bharati Case, 1973

SC overruled its judgment in the Golaknath case. It upheld the validity of the 24th amendment act and opined that parliament is empowered to take away or abridge any of the FRs. However, such changes should not alter the ‘basic structure’ of the constitution.
 
3.4 42nd CAA 1976
 
Amended Art. 368-no limitation on the constituent power of Parliament. Any amendment cannot be questioned in any court on any ground.

3.5 Minerva Mills Case, 1980

Parliament reacted to the above case by enacting 42nd amendment act which declared under article 368 that there is no limitation on the constituent power of Parliament and it barred the courts from questioning such amendments. This provision was invalidated by the SC stating that Parliament cannot take away the ‘judicial review’ power of the constitution since it is part of the ‘basic structure of the doctrine’.

3.6 Waman Rao Case, 1981 

SC clarified that doctrine would be apply to constitutional amendments enacted after April 24, 1973 (Kesavananda Bharati case) (Including 9th schedule).
 
4. Basic Features of Indian Constitution 
 
In the Kesavananda ruling, the Supreme Court cited several aspects of the Constitution that could be identified as “basic features” of the document but added that it was not an exhaustive list.
  • the supremacy of the Constitution,
  • the rule of law,
  • Independence of the judiciary,
  • doctrine of separation of powers,
  • sovereign democratic republic,
  • the parliamentary system of government,
  • the principle of free and fair elections,
  • welfare state, etc.

5. Significance of Basic Structure

  • The basic structure doctrine is a testimony to the theory of Constitutionalism to prevent the damage to essence of COI by brute majority of the ruling majority.
  • The basic doctrine saved the Indian democracy as it acts as a limitation of constituent power or else unlimited power of parliament might have turned India into a totalitarian.
  • It helps us to retain the basic tenets of our constitution so meticulously framed by the founding fathers of our Constitution.
  • It strengthens our democracy by delineating a true separation of power where Judiciary is independent of other two organs. It has also given immense untold unbridled power to Supreme Court and made it the most powerful court in the world.
  • By restraining the amending powers of legislative organ of State, it provided basic Rights to Citizens which no organ of State can overrule.
  • Being dynamic in nature, it is more progressive and open to changes in time unlike the rigid nature of earlier judgements.
 For Prelims & Mains
 
For Prelims: Doctrine of Basic Structure, Shankari Prasad Case, Golaknath Case, 
Keshavananda Bharati Case, 42nd CAA 1976, Minerva Mills Case, Waman Rao Case, 1981, 9th Schedule, Article 368.
For Mains: 1. What is the Basic Structure Doctrine? Explain the evolution and significance of Basic Structure Doctrine?
 
Previous Year Questions
1.Consider the following statements: (UPSC GS1, 2020)
1. The Constitution of India defines its ‘basic structure’ in terms of federalism, secularism, fundamental rights and democracy.
2. The Constitution of India provides for ‘judicial review’ to safeguard the citizens’ liberties and to preserve the ideals on which the Constitution is based.
Which of the statements given above is/are correct?
(a) 1 only
(b) 2 only
(c) Both 1 and 2
(d) Neither 1 nor 2
Answer (d)
 
1.“Parliament’s power to amend the constitution is limited power and it cannot be enlarged into absolute power”. In light of this statement, explain whether parliament under article 368 of the constitution can destroy the basic structure of the constitution by expanding its amending power? (UPSC GS2, 2019)
Source: The Indian Express
 

MINIMUM SUPPORT PRICE

 

1. Context

From concerns on inflation to advice on meeting WTO obligations and suggestions to address labour shortages and rising wages, key Central government ministries and departments had conveyed apprehensions to the Union Ministry of Agriculture and Farmers’ Welfare on its proposal to hike the minimum support price (MSP) for kharif crops in the 2023-24 season

2. What is Minimum Support Price (MSP)?

  • MSP is the minimum price a farmer must be paid for their food grains as guaranteed by the government. They are recommended by the Commission for Agricultural Costs and Prices (CACP) and approved by the Cabinet Committee on Economic Affairs.
  • The CACP submits its recommendations to the government in the form of Price Policy Reports every year.
  • After considering the report and views of the state governments and also keeping in view the overall demand and supply situation in the country, the central government takes the final decision.
  • Food Corporation of India (FCI) is the nodal agency for procurement along with State agencies, at the beginning of the sowing season.
The minimum support price (MSP) is set for 23 crops every year. They include:
  • 7 cereals (paddy, wheat, maize, bajra, jowar, ragi, and barley)
  • 5 pulses (chana, tur/arhar, moong, urad, and Masur)
  • 7 oilseeds (rapeseed-mustard, groundnut, soya bean, sunflower, sesamum, safflower, and nigerseed) and
  • 4 commercial crops (sugarcane, cotton, copra, and raw jute).

3. How MSP is Cauclated?

  • MSP, presently, is based on a formula of 1.5 times the production costs.
  • The CACP projects three kinds of production costs for every crop, both at state and all-India average levels.
  • A2 covers all paid-out costs directly incurred by the farmer — in cash and kind — on seeds, fertilizers, pesticides, hired labor, leased-in land, fuel, irrigation, etc.
  • A2+FL includes A2 plus an imputed value of unpaid family labor.
  • C2: Estimated land rent and the cost of interest on the money taken for farming are added to A2 and FL.
  • Farm unions are demanding that a comprehensive cost calculation (C2) must also include capital assets and the rentals and interest forgone on owned land, as recommended by the National Commission for Farmers.

4. The issue with the calculation of MSP

  • To calculate MSP, the government uses A2+FL cost. The criticism of A2+FL is that it doesn’t cover all costs and that a more representative measure, C2, needs to be used.
  • For example, in the 2017-18 rabi season, CACP data shows that C2 for wheat was 54% higher than A2+FL.
  • The Swaminathan Commission also stated that the MSP should be based on the comprehensive cost of production, which is the C2 method.

5. Key Points about the Farmer's Demand

  • After the recent decision to repeal three contentious farm laws, protesting farmer unions are now pressing for their demand of the legalization of the Minimum Support Price (MSP).
  • They want a legal guarantee for the MSP, which at present is just an indicative or a desired price.
  • Legalising MSP would put the government under a legal obligation to buy every grain of the crops for which MSPs have been announced.
  • At present, the PM has announced the formation of a committee to make MSP more transparent, as well as to change crop patterns and to promote zero-budget agriculture which would reduce the cost of production.
  • The entire issue of enforcing MSP legally is a tricky, complicated, and multidimensional one, involving lots of factors.
  • Core demand: MSP based on a C2+50% formula should be made a legal entitlement for all agricultural produce. This would mean a 34% increase in the latest MSP for paddy and a 13% increase for wheat. MSP should also be extended to fruit and vegetable farmers who have been excluded from benefits so far.

6. The rationale behind the demand for legislation of MSP

  • Farmers receive less than MSP: In most crops grown across much of India, the prices received by farmers, especially during harvest time, are well below the officially-declared MSPs. And since MSPs have no statutory backing, they cannot demand these as a matter of right.
  • Limited procurement by the Govt: Also, the actual procurement at MSP by the Govt. is confined to only about a third of wheat and rice crops (of which half is bought in Punjab and Haryana alone), and 10%-20% of select pulses and oilseeds. According to the Shanta Kumar Committee’s 2015 report, only 6% of the farm households sell wheat and rice to the government at the MSP rates.

7. Why has the committee been set up?

  • It has been constituted by the Ministry of Agriculture and Farmers Welfare as a follow-up to an announcement by the Prime Minister when he declared the government’s intention to withdraw the three farm laws.
  • The protesting farm unions had demanded a legal guarantee on MSP based on the Swaminathan Commission’s ‘C2+50% formula’ (C2 is a type of cost incurred by farmers;). This was in addition to their demand for repeal of the three farm laws.

8. Committee on MSP, Natural Farming and Crop Diversification

 On Minimum Support Price (MSP)
  • To suggest measures to make MSP available to farmers by making the systems more effective and transparent, 
  • Give more autonomy to Commission for Agricultural Costs and Prices (CACP).

On Natural Farming: To make suggestions for programs and schemes for value chain development, protocol validation, and research for future needs and support for area expansion under the Indian Natural Farming System.

On Crop diversification:

To provide suggestions related to crop diversification including 

  • Mapping of existing cropping patterns of agro-ecological zones of producer and consumer states,
  • Strategy for diversification policy to change the cropping pattern according to the changing needs of the country and 
  •  A system to ensure remunerative prices for the sale of new crops.

9. Why have the protesting farm unions opposed this committee?

  • Firstly, this committee includes members who supported the now-repeated farm laws.
  • Secondly, the terms and references of the committee do not mention the legal guarantee to MSP. Instead, it mentions making MSP more effective and transparent.

10. Challenges associated with MSP

  • Protest by Farmers: Farm unions have been protesting for more than six months on Delhi's outskirts, demanding legislation to guarantee MSP for all farmers for all crops and a repeal of three contentious farm reforms laws.
  • MSP and Inflation: When announcing the MSP, inflation should be taken into account. But often the price is not increased up to the mark. For example, this time MSP for Maize has not even considered inflation then how it will benefit farmers! Also, frequent increases in the MSPs can lead to inflation too.
  • High Input Costs: The input costs have been rising faster than sale prices, squeezing the meager income of the small farmers and driving them into debt.
  • Lack of Mechanism: There is no mechanism that guarantees that every farmer can get at least the MSP as the floor price in the market. So proper mechanisms need to be fixed for all times to come.
  • Restriction in Europe: Even after producing surplus grains, every year a huge portion of these grains gets rotten. This is due to the restrictions under WTO norms, that grain stocks with the FCI (being heavily subsidized due to MSP) cannot be exported.
For Prelims: Minimum Support Price (MSP), World Trade Organisation (WTO), Commission for Agricultural Costs and Prices (CACP), Cabinet Committee on Economic Affairs, Food Corporation of India (FCI).
For Mains: 1. The Minimum Support Price (MSP) scheme protects farmers from price fluctuations and market imperfections. In light of the given statement, critically analyze the efficacy of the MSP. (250 Words)
 
Previous year Question
1. Consider the following statements: (UPSC CSE 2020)
1. In the case of all cereals, pulses, and oil seeds, the procurement at Minimum Support Price (MSP) is unlimited in any State/UT of India.
2. In the case of cereals and pulses, the MSP is fixed in any State/UT at a level to which the market price will never rise.
Which of the statements given above is/are correct?
A. 1 only
B. 2 only
C. Both 1 and 2
D. Neither 1 nor 2
Answer: D
2.Which of the following factors/policies were affecting the price of rice in India in the recent past? (UPSC CSE, 2020)
(1) Minimum Support Price
(2) Government’s trading
(3) Government’s stockpiling
(4) Consumer subsidies
Select the correct answer using the code given below:
(a) 1, 2 and 4 only
(b) 1, 3 and 4 only
(c) 2 and 3 only
(d) 1, 2, 3 and 4
Answer (d)
3.In India, which of the following can be considered as public investment in agriculture? (UPSC GS1, 2020)
(1) Fixing Minimum Support Price for agricultural produce of all crops
(2) Computerization of Primary Agricultural Credit Societies
(3) Social Capital development
(4) Free electricity supply to farmers
(5) Waiver of agricultural loans by the banking system
(6) Setting up of cold storage facilities by the governments.
In India, which of the following can be considered as public investment in agriculture?
Select the correct answer using the code given below:
(a) 1, 2 and 5 only
(b) 1, 3, 4 and 5 only
(c) 2, 3 and 6 only
(d) 1, 2, 3, 4, 5 and 6
Answer (c)
4.The Fair and Remunerative Price (FRP) of sugarcane is approved by the (UPSC CSE, 2015)
(a) Cabinet Committee on Economic Affairs
(b) Commission for Agricultural Costs and Prices
(c) Directorate of Marketing and Inspection, Ministry of Agriculture
(d) Agricultural Produce Market Committee
Answer (a)
 
 Source: The Indian Express

ADITYA L1

 

1. Context

Barely 10 days after creating history by landing near the South Pole of the Moon, the Indian Space Research Organisation (ISRO) is set to launch its spacecraft to study the Sun. Aditya-L1 will be launched on September 2 at 11:50 am from Sriharikota. 

Image

Image Source: URSC

2. About Aditya L1

  • Aditya L1 shall be the first space-based Indian mission to study the Sun. 
  • The spacecraft shall be placed in a halo orbit around the Lagrangian point 1 (L1) of the Sun-Earth system at a distance of about 1.5 million km from the Earth. 
  • A satellite placed in the halo orbit around the L1 point has the major advantage of continuously viewing the Sun without any occultation/eclipses. 
  • As the spacecraft will be directly placed in between the Sun and the earth, It will also provide crucial information in understanding the impact of solar activities on near-Earth space weather.

3. Objectives

  • Understanding Coronal Heating and Solar Wind Acceleration. 
  • Understanding initiation of Coronal Mass Ejection (CME), flares and near-earth space weather. 
  • Coupling and Dynamics of the Solar Atmosphere. 
  • Solar wind distribution and temperature anisotropy.

4. Uniqueness

  • First time spatially resolved solar disk in the NUV band. 
  • CME dynamics close to the disk ( ̴1.05 Run) and thereby providing information on the acceleration regime of CME which is not observed consistently. 
  • On-board intelligence to detect CMEs and Flares for optimized observations and data volume.

4. Importance of studying the sun

  • Every planet, including Earth and the exoplanets beyond the Solar System, evolves and this evolution is governed by its parent star. 
  • The solar weather and environment, which is determined by the processes taking place inside and around the sun, affect the weather of the entire system. 
  • Variations in this weather can change the orbits of satellites or shorten their lives, interfere with or damage onboard electronics, and cause power blackouts and other disturbances on Earth.
  • Knowledge of solar events is key to understanding space weather.

5. Importance for India

  • Alongside another mission to the Moon, being planned for next year, and the first human space flight scheduled for 2022, the Indian Space Research Organisation (ISRO) is also preparing to send its first scientific expedition to study the Sun.
  • Named Aditya-L1, the mission, expected to be launched early next year, will observe the Sun from a close distance, and try to obtain information about its atmosphere and magnetic field.

6. About Lagrange Point

  • In simple words, the Lagrange point is an orbit type in the space between 2 bodies like the Sun and Earth, where the gravitational force of both the planets is balanced. 
  • And anything at these points is in a state of equilibrium.
  • And for this reason, if you place any satellite or spacecraft at these points, you need very little fuel consumption to move this because the body is free from any repulsion and attraction force.
  • That’s why you can also call it parking points of space.

7. Lagrange points of Earth and Sun:

Lagrange Points

Distance from the Earth

 

Stability

 

Specifications

L1

1.5 million km

Unstable

This Offers uninterrupted views of the Sun.

L2

1.5 million km

Unstable

The ideal location to study deep space.

L3

301.4 million km

Unstable

This is the Farthest lagrange point from the earth.

L4

Stable

60° ahead of earth, Where earth was 2 months ago

L5

Stable

60° behind of earth, Where earth will being 2 months time

 

 

 

For Prelims: Lagrange Point, Sun Interiors, Aditya L1 Mission, PSLV, GSLV

For Mains:1.Discuss the objectives and significance of the Aditya L1 mission. How does it contribute to our understanding of the Sun-Earth relationship and space weather?

2.Explain the technological challenges associated with sending a spacecraft to the Lagrange point L1 and orbiting the Sun. What are the benefits of placing a satellite at the L1 point?

 
 
Previous Year Questions
1. Aditya L1 is a -----  (ISRO IPCR Assistant Mechanical 2016)
A. Long-range Missile
B. Spacecraft Project
C. Rocket to the moon
D.Light Combat Aircraft
 
Answer (B)
 
 
Source: indianexpress
 

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