PM’s address at the Conference of Governors

Following is the text of the Prime Minister, Dr. Manmohan Singh’s address at the Conference of Governors at Rashtrapati Bhavan, in New Delhi (February 2013)

“Over the last two days, we have all benefited from the presentations and discussions that have taken place in this conference. Occasions like this help us not only in developing a deeper understanding of issues of vital national importance, but also in prioritizing and planning for the tasks ahead. The agenda before us covers some of the areas that are critical for the socio-economic development of our country. I would like to thank Respected Rashtrapati ji for organizing this conference.

I would also like to place on record my deep appreciation of the contribution that the participating Governors have made in the last two days.  You are all very distinguished men and women, and your knowledge, wisdom and experience constitute a very valuable asset that our country should make full use of.

I have listened very carefully to all the participating Governors. Your deep insights in many areas are truly impressive. As I go ahead, I will attempt to respond to some of the views that have been expressed.

As you are all aware, our economy has slowed down considerably in the last two years. Growth in this fiscal year will be much below the average growth of about 8.0% that we have achieved in the last decade. The factors that have caused this slowdown lie both outside and within our country. The Finance Minister has dealt with the causal factor's in some detail. I can therefore be very brief in my remarks on this subject. It is imperative that we do everything possible to reverse this trend and the Government has made concerted and serious efforts in recent months to revive investment and growth. 

At the Central Government level, efforts are being made to streamline the process of clearance of investment proposals, paying particular attention to clearances from the environment and forest angles as well as towards removal of infrastructural bottlenecks. However, the climate for investment is also affected by the activities of State Governments. Factors like the state of law and order, and how easy or difficult it is to acquire land and obtain electricity connections also have an important influence on the climate for investment.

Policy measures announced in the current year have generated optimism which is reflected in an upturn in the Business Expectations Index for the October-December quarter, the Purchasing Managers' Index in October- December and buoyancy in capital markets. Internal accruals of the corporate sector, necessary for a pick-up in investment, have also started improving. There has also been a moderation in core inflation. These factors point towards recovery in GDP growth in the second half of the current year. 

A high level of fiscal deficit has been a specific cause of worry for us in the recent time. Our Government has broadly accepted the recommendations of the Kelkar Committee which was appointed to recommend a road map for fiscal consolidation.  We intend to contain the fiscal deficit for the current  year  at 5.3% of GDP and reduce it to 4.8% in the next year. The fiscal deficit is targeted to be reduced by 0.6 percentage points each year thereafter.

We have also taken steps to bridge the infrastructure deficit in areas such as Railways, roads, airports, ports irrigation, and water-supply, which have come under additional stress because of our rapid economic growth in the last decade.  These include the setting up of the Cabinet Committee on Investments to expedite decisions on approvals and clearances for implementation of major projects.

The year 2012 saw clear signs of improvement in the Internal Security situation, including in Jammu & Kashmir, the North East and Left Wing Extremism affected areas. However, there is a lot which still needs to be done. The Home Minister has briefed us of our plan of action to meet challenges such as terrorism and Left Wing Extremism, which have both external and internal dimensions.

Before I proceed further on security issues let me say that I have paid particular attention to the remarks of the Governors of Jammu & Kashmir and North Eastern States on security issues.  Shri Vohra, Governor of Jammu & Kashmir has made some suggestions  for more coherent action on the part of security agencies which I think are well worth exploring.  Similarly, there have been suggestions from Governor of Arunachal Pradesh, General J.J. Singh about border roads, porter tracks and suspension bridges. His suggestion to pay adequate attention to the improvement of living conditions in border villages is also well taken. He as well as other Governors have suggested strengthening of the Border Roads Organisation and improving infrastructure in our border areas. The suggestion of Governor of Assam and some other Governors of North Eastern States to accelerate the pace of fencing along the Indo-Bangladesh Border also has merit. I am sure my esteemed colleagues Raksha Mantri Shri Antony and Home Minister Shri Shinde will have all such suggestions on security issues examined to see what action is possible on them.

The Government has taken several steps for the improvement of mechanisms and instrumentalities to counter terrorism. These include strengthening of the Multi Agency Centre (MAC) and the Subsidiary Multi Agency Centre (SMAC), creation of four new hubs of the National Security Guard (NSG), construction of coastal police stations and provision of high technology boats, setting up of the National Investigation Agency, and creation of NATGRID. The passage of the Unlawful Activities Prevention Act (Amendment) Bill in Parliament has given more teeth to the extant anti-terror regime and is at par with international standards.

In a secular polity that India is, the need for maintaining communal harmony can hardly be overemphasized. Both the Centre and States have to pursue a well coordinated strategy to achieve this objective.

On the external front, we remain committed to working for good relations and peaceful existence with our neighbors. However, we are also firm in our resolve to deal effectively with any threat to our country. Incidents like the one that took place on the LoC last month are against the norms of civilized international behavior and are simply unacceptable to us.  We have also to recognize that our neighbourhood is characterized by growing instability and uncertainty.

To meet the entire spectrum of security challenges, the capabilities of both the Armed Forces and the Police forces are being constantly strengthened through provision of cutting edge technology and modern platforms. We are also undertaking infrastructure development programs in the border areas to enhance mobility as well as connectivity.

As I have said on a number of occasions earlier, our strategy for dealing with the menace of Left Wing Extremism is two pronged.  Even as we have intensified operations against the extremists, we have also endeavored to bridge the development and governance deficit in the Left Wing Extremist affected area, many of which have predominantly tribal populations.   The steps we have taken include deploying additional Central forces, raising specialized forces, strengthening police stations and imparting training to State police personnel in counter insurgency, jungle warfare and anti- terrorism operations. The need for greater inter-State coordination in operations against Left Wing Extremists was emphasized by Governor of Andhra Pradesh, Shri E.S.L. Narasimhan. One cannot agree more with him.

The Integrated Action Plan for 82 select and backward districts, most of which are affected by Left Wing Extremism, is beginning to show encouraging results. Road connectivity in these districts is also being improved. We have also taken steps to streamline the process for vesting of forest rights under the Scheduled Tribes and Other Traditional Dwellers (Recognition of Forest Rights) Act to the entitled people.

Due to all these efforts, the geographical spread of the menace of Left Wing Extremism has shown a shrinking trend. Further, the number of incidents of Left Wing Extremist violence in 2012 showed perceptible decline compared with the previous year. However, much more remains to be done and we will make all efforts to accomplish what we still have to do.  As has been pointed out by Governor of Assam, the expansion of Maoist activities to upper and lower Assam is worrisome.

Rashtrapatiji began his inaugural remarks in this conference by mentioning that the horrific incident of gang-rape in Delhi had shaken the collective conscience of the country. The Government has been prompt in acting on the recommendations of the Justice Verma Committee by promulgating an Ordinance to strengthen the law to deal with crimes of sexual assault of an extreme nature against women.  We have also taken a number of administrative measures to enhance the safety and security of our women, particularly in public places.  However, as Rashtrapatiji said, real and effective change in the status of women in our country can come only if there is a change in our societal values.  This is a goal that all of us need to collectively work for.

Here, I would also like to point out that there is a need to sensitize the police forces towards showing special care in dealing with crimes against the weaker sections of our society, including women, Scheduled Castes and Scheduled Tribes, Minorities and Children. There is also a need to induct more women in our police forces. I urge the Governors to guide their State Governments in this direction.  

Under the Constitution, Governors have been given special responsibility for administration of the Scheduled Areas. They have a direct and critical role in ensuring speedy development of these areas. These Constitutional arrangements have played a very significant role in addressing the long standing demands and aspirations of our tribal brothers and sisters, especially those belonging to the North East.  In the Sixth Schedule areas, the process of regular elections, coupled with greater devolution of funds and functions, has strengthened the Tribal Councils.  In the Fifth Schedule areas, the Panchayats (Extension to Scheduled Areas) Act (PESA) has ensured a greater say for the population in both local governance and control over community resources. However, we still have a long way to go in terms of strengthening democratic processes and ensuring devolution of funds, functions and functionaries to the institutions of local self governance in the Scheduled areas. I would urge the Governors to pay particular attention to the effective implementation of the provisions of PESA and the Forest Rights Act. Shri Ram Naresh Yadav, Governor, Madhya Pradesh had urged that the office of Governors be suitably equipped to discharge the constitutional mandate in Fifth Schedule areas. He had also raised the matter of formation of Tribes Advisory Councils. These issues need to be looked into.

My ministerial colleague, Shri Sharad Pawar has outlined the measures being taken to ensure our food security and increase crop productivity, particularly in the Eastern Region of our country. It is heartening to note that that the programme for ‘Bringing Green Revolution to Eastern India’ (BGREI) is yielding encouraging outcomes. Adoption of modern agricultural practices through this programme has resulted in record production of rice during the last year. Some States have even doubled their rice production.

It is very satisfying for our Government that the average rate of growth in agriculture and allied sectors during the 11th Plan improved to 3.7% compared with 2.4% in the 10th Plan. However, there are many challenges in this area which need to be addressed on an urgent basis. These include environmental degradation in many parts of our country that witnessed the Green Revolution, bottlenecks in farmers’ access to affordable and timely credit facilities, weaknesses in Agricultural R&D, inadequate food processing facilities, and barriers to the free flow of agricultural products. The States in general need to strengthen extension services. Smt. Margaret Alva, Governor of Rajasthan has suggested that students of Agricultural Universities should be involved in extension efforts.  I would request the Agriculture Minister to examine how this can be done.

One of the items on the agenda for this Conference is the issue of Water Management and Sanitation. There are several concerns that need to be addressed in this area. These include a widening gap between availability and demand of water, depleting ground water levels, polluted water bodies, and inadequate sanitation facilities. These concerns were part of the deliberations during the meeting of the National Water Resources Council held in December 2012. I am happy to inform you that based on a broad consensus, the National Water Policy, 2012 has been adopted by the Council. The New Water Policy contains several significant recommendations like access to potable drinking water and sanitation for all, uniform norms for urban and rural people, independent statutory Water Regulatory Authorities for water pricing and water use efficiency benchmarks. I would request Governors to encourage their State Governments to bring their respective State Water Policies in alignment with the National Water Policy.

Over the past several years, our Government has been implementing the National Rural Drinking Water Programme (NRDWP) and the Jawaharlal Nehru National Urban Renewal Mission (JnNURM) to assist States in enabling the availability of safe drinking water in rural and urban areas of our country. Reports indicate that approximately 74% of our rural habitations have been provided with access to adequate safe drinking water.  I am happy to note that the Bharat Nirman target of providing adequate and safe drinking water to identified and hitherto uncovered habitations has been achieved. However, we still need to address the issue of contamination of drinking water sources which affects many rural habitations.  We also need to ensure that Gram Panchayats and local communities are fully involved in the planning, implementation and Operation &Maintenance of rural water supply systems.

We are now giving much more attention to the area of sanitation than before. In order to accelerate the progress of sanitation in rural areas, a paradigm shift has been made in the Total Sanitation Campaign which is now called the ‘Nirmal Bharat Abhiyaan’ in the 12th Plan. Our goal is to achieve 100% access to sanitation for all rural households by 2022. While on the subject of Sanitation, I would also like to inform Governors that last year we introduced a new Bill in Parliament for the elimination of manual scavenging and the rehabilitation of manual scavengers. The new Bill seeks to put an end to the dehumanizing practice of manual scavenging. I am hopeful that Parliament will soon enact the proposed legislation.

The need for access to good quality education for our citizens cannot be over emphasized. Our potential demographic dividend can very easily turn into a liability if we are not able to equip our youth with the right types of education and skills.

We have invested in and expanded access to Higher Education on an unprecedented scale. During the 11th Plan period, 16 new Central Universities were established. In addition 7 new Indian Institutes of Management (IIMs), 8 new Indian Institutes of Technology (IITs), 10 new National Institutes of Technology (NITs), 5 Indian Institutes of Science Education and Research (ISERs) and 2 new Schools of Planning and Architecture (SPAs) were set up. Several measures were taken to enhance the quality of education and research in institutions of higher learning, and address the concerns for equity. Our initiatives have shown positive results. For example, the Gross Enrollment Ratio (GER) for higher education has grown to 18.1%, from 12.3% in 2006-07.

During the 12th Plan, we will continue our focus on expansion, equity and excellence with greater emphasis on the quality of Higher Education, while consolidating the gains of the 11th Plan. Our goal is to raise the GER in Higher Education to 25.2% by 2017 and 30% by 2020. We also propose to launch a Rashtriya Ucchatar Shiksha Abhiyan (RUSA) in the 12th Plan to provide strategic funding to State institutions in an outcome based manner. A National Mission on Teachers and teaching is also being launched. The National Mission in Education through ICT and the National Knowledge Network will provide the backbone and content for greater collaboration among students and teachers. A national initiative for greater inclusion of socially disadvantaged sections of SCs, STs, Minorities, Backward Classes, Girls and Persons with Disabilities is also planned along with a National Initiative in Indian Languages.

 

The State Governments have a critical role to play in the formulation and implementation of educational policies. I would urge Governors, as Chancellors of State Universities, to take an active interest in toning up the quality and administration of higher education in their States, and guiding the State Universities to lay much greater emphasis on research and innovation. Some Governors have complained about lack of clarity of the role and functions of the Chancellors. I would request HRD Minister to examine if guidelines could be formulated to clarify these matters.

Our Government has been alive to the need to curb corruption in public life and improve the processes of governance. This is a pre-requisite for achieving our efforts towards the development and progress of our nation.  We remain committed to the enactment of the Lokpal and Lokayuktas legislation.  We hope Parliament will pass this Bill shortly. The Public Interest Disclosure and Protection of Persons Making the Disclosure Bill, The Prevention of Bribery of Foreign Officials and Officials of Public International Organizations Bill, Citizens Right to Grievance Redressal Bill are all under consideration of the Parliament. Shri E.S.L. Narasimhan spoke about the need for providing effective protection to well-meaning civil servants, particularly those who have retired. The Government is considering amendments to the Prevention of Corruption Act not only to enable faster punishment of the guilty public servants but to also provide more effective protection to those who are honest.

The Direct Benefits Transfer Scheme is an important step that the Government has taken to improve targeting, reduce corruption, eliminate waste and enhance efficiency in the public delivery system.  We plan to incrementally roll out the scheme from identified districts to the whole country to deliver benefits of identified schemes to the beneficiaries. The Aadhar Numbers being issued by the Unique Identification Authority of India (UIDAI) constitute an integral element of the Direct Benefits Transfer strategy. This Scheme is also expected to bring about unprecedented financial inclusion of our rural masses.

Smt Margaret Alva, Governor of Rajasthan and Shri Nikhil Kumar, Governor of Nagaland have advised caution in going ahead with the Direct Benefits Transfer Scheme.  Their concern is about inadequate coverage under Aadhar and unsatisfactory coordination with the State Governments respectively.  I am sure that the Finance Minister, Deputy Chairman, Planning Commission and Shri Nandan Nilekani have taken note of these concerns and will take action to address them.

Shri E.S.L. Narasimhan, Governor of Andhra Pradesh has emphasized the need for more efficient use of scarce resources by concentrating them on fewer programmes, and better targeting of beneficiaries. I am happy to inform all of you that the Government is actively considering reduction in the number of Centrally Sponsored Schemes so as to make them more focused and useful.

These are some of the thoughts that I wished to share with you today. Let me conclude by once again thanking Rashtrapati ji. I also wish the Governors all success in your efforts towards building a modern, prosperous and liberal India.

Biodiversity

Science has attempted to classify and categorize the variability in nature for over a century.This has led to an understanding of its organization into communities of plants and animals.This information has helped in utilizing the earth’s biological wealth for the benefit of humanity and has been integral to the process of ‘development’. This includes better health care,better crops and the use of these life forms as raw material for industrial growth which has led to a higher standard of living for the developed world. However this has also produced the modern consumerist society, which has had a negative effect on the diversity of biological resources upon which it is based. The diversity of life on earth is so great that if we use it sustainably we can go on developing new products from biodiversity for many generations. This can only happen if we manage biodiversity as a precious resource and prevent the extinction of species.

Definition:

‘Biological diversity’ or biodiversity is that part of nature which includes the differences in genes among the individuals of a species, the variety and richness of all the plant and animal species at different scales in space, locally, in a region,in the country and the world, and various types of ecosystems, both terrestrial and aquatic,within a defined area.

What is biodiversity?

Biological diversity deals with the degree of nature’s variety in the biosphere. This variety can be observed at three levels; the genetic variability within a species, the variety of species within a community, and the organisation of species in an area into distinctive plant and animal communities constitutes ecosystem diversity.

Genetic diversity

Each member of any animal or plant species differs widely from other individuals in its genetic makeup because of the large number of combinations possible in the genes that give every individual specific characteristics. Thus, for example,each human being is very different from all others. This genetic variability is essential for a healthy breeding population of a species. If the number of breeding individuals is reduced,the dissimilarity of genetic makeup is reduced and in-breeding occurs. Eventually this can lead to the extinction of the species. The diversity in wild species forms the ‘gene pool’ from which our crops and domestic animals have been developed over thousands of years. Today the variety of nature’s bounty is being further harnessed by using wild relatives of crop plants to create new varieties of more productive crops and to breed better domestic animals. Modern biotechnology manipulates genes for developing better types of medicines and a variety of industrial products.

Species diversity

The number of species of plants and animals that are present in a region constitutes its species diversity. This diversity is seen both in natural ecosystems and in agricultural ecosystems.Some areas are more rich in species than others.Natural undisturbed tropical forests have a much greater species richness than plantations developed by the Forest Department for timber production.A natural forest ecosystem provides a large number of non-wood products that local people depend on such as fruit, fuel wood,fodder, fiber, gum, resin and medicines. Timber plantations do not provide the large variety of goods that are essential for local consumption.In the long-term the economic sustainable returns from non-wood forest products is said to be greater than the returns from felling a forest for its timber. Thus the value of a natural forest,with all its species richness is much greater than a plantation. Modern intensive agricultural ecosystems have a relatively lower diversity of crops than traditional agropastoral farming systems where multiple crops were planted.At present conservation scientists have been able to identify and categorise about 1.8 million species on earth. However, many new species are being identified, especially in the flowering plants and insects. Areas that are rich in species diversity are called ‘hotspots’ of diversity. India is among the world’s 15 nations that are exceptionally rich in species diversity.

Ecosystem diversity

There are a large variety of different ecosystems on earth, which have their own complement of distinctive inter linked species based on the differences in the habitat. Ecosystem diversity can be described for a specific geographical region,or a political entity such as a country, a State or a taluka. Distinctive ecosystems include landscapes such as forests, grasslands, deserts,mountains, etc., as well as aquatic ecosystems such as rivers, lakes, and the sea. Each region also has man-modified areas such as farmland or grazing pastures.An ecosystem is referred to as ‘natural’ when it is relatively undisturbed by human activities, or ‘modified’ when it is changed to other types of uses, such as farmland or urban areas. Ecosystems are most natural in wilderness areas. If natural ecosystems are overused or misused their productivity eventually decreases and they are then said to be degraded. India is exceptionally rich in its ecosystem diversity.

Evolution and the Genesis of Biodiversity:

The origins of life on earth some three and a half billion years ago are obscure. Life was probably initiated as a product of organic reactions in the Earth’s primordial seas. Alternative possibilities such as life beginning in a muddy ooze,or of life having been seeded from outer space have also been suggested. Once life took hold on the planet, it began gradually to diversify.Unicellular unspecialized forms gradually evolved into complex multi-cellular plants and animals.Evolution is related to the ability of living organisms to adapt to changes in their environment.Thus the abiotic changes in nature such as climatic and atmospheric upheavals, repeated glaciations,continental drift and the formation of geographical barriers, segregated different communities of plants and animals and gradually lead to the formation of new species over millions of years. Most species appear to have a life span extending over several million years. Their adaptability to gradual changes in their habitat, and interactions with newly formed species produce groups of inter linked organisms that continue to evolve together. Food chains, prey-predator relationships, parasitism (complete dependence on another species), commensalism (a partnership beneficial to both species), etc. are important examples.

Behavioural patterns of the different species comprising a community of species links them to each other through their breeding biology, feeding patterns, migrations,etc. As ancient species became extinct due to geological upheavals, they left behind empty ‘niches’ in the habitat that stimulated existing species to fill them through the formation of new species. The Earth’s ancient history has seen periods of mega extinctions, which have been followed by periods of formation of new species.Though these repeatedly led to a drastic reduction in the number of species, the diversity of life recuperated each time by gradually increasing the number of species existing on earth. This however took millions of years, as evolution is a very slow process.

Thus when man came on the scene some 2 million years ago,the earth was more rich in species than ever before. During the recent past however, extinctions due to the activities of modern man have begun to take place so rapidly that nature has had no time to evolve new species. The earth is loosing species more rapidly than ever before.The diversity of life at all three organisational levels, genetic, species and ecosystem, is thus being rapidly modified by modern man. This is a great loss to future generations who will follow us.

Biodiversity (complete info.) 

Biogeographic Classification Of  India

India can be conveniently divided into ten major regions, based on the geography, climate and pattern of vegetation seen and the communities of mammals, birds, reptiles,amphibia,insects and other invertebrates that live in them. Each of these regions contains a variety of ecosystems such as forests, grasslands,lakes, rivers, wetlands, mountains and hills,which have specific plant and animal species.

India’s Biogeographic Zones

1. The cold mountainous snow covered Trans Himalayan region of Ladakh.

Constituting 5.6 percent of the country’s geographical area, this zone includes high altitude cold and arid mountain areas, including cold deserts. An extension of the Tibetan Plateau, this zone has sparse alpine steppe vegetation with many endemic species. It supports some of the biggest populations of wild sheep and goats in the world as well as some rare species of fauna such as Snow Leopard (Uncia uncia).

2. The Himalayan ranges and valleys of Kashmir,Himachal Pradesh, Uttarakhand, Assam and other North Eastern States.

Consisting of the entire Himalayan mountain range, this zone covers 6.4 percent of the total geographical area and has alpine and sub-alpine forests, grassy meadows and moist deciduous forests. It provides diverse habitats for a range of species including endangered ones such as Hangul (Cervus eldi eldi) and Musk Deer (Moschus moschiferus).

3.Semi-Arid

This zone covers 16.6 percent of the country. Although overall semi-arid, this zone also has several lakes and marshlands. The grasses and palatable shrub layer of this zone support the highest wildlife biomass. The endangered Asiatic Lion (Panthera leo persica) is also found in this zone (in the Gir forests of Gujarat).

4. The Gangetic plains.

Flanking the Ganga River and its tributaries, the Gangetic Plain zone extends up to the Himalayan foothills in the north. This flat alluvial zone is topographically fairly homogenous and constitutes 10.8 percent of the country’s geographical area. This zone supports many large and charismatic mammals such as One-horned Rhinoceros (Rhinoceros unicornis), Asian Elephant and Wild Water Buffalo. Other characteristic fauna includes Swamp Deer (Cervus duvauceli), Hog Deer (Axis porcinus) and Hispid Hare (Carprolagus hispidus).

5. The Thar Desert of Rajasthan.

 This arid zone falls west of the Aravalli hill range and comprises both the salt and sand deserts of north-western India. Constituting 6.6 percent of the country’s geographical area, this zone also has large expanses of grasslands that support several endangered species such as the Great Indian Bustard (Ardeotis nigriceps).

6. The semi arid grassland region of the Deccan plateau-Gujarat, Maharashtra,Andra Pradesh, Karnataka and Tamil Nadu.

This is the largest zone covering as much as 42 percent of the country. It supports some of the finest forests in India with abundant populations of deer and antelope species such as Chital (Axis axis), Sambar (Cervus unicolor) and Four-horned Antelope (Tetracerus quadricornis). There are small populations of Asian Elephants (Elephas maximus) and Wild Water Buffaloes (Bubalus arnee) as well.

7. The Northeast States of India.

Characterised by diverse habitats and long-term geological stability, the North-East zone covers 5.2 percent of India’s geographical area. Due to its location at the junction of the Indian, Indo-Malayan and Indo-Chinese bio-geographical regions, it is considered a ‘gateway’ for much of India’s flora and fauna. There are significant levels of endemism in all floral and faunal groups.

8. The Western Ghats in Maharashtra,Karnataka and Kerala.

Western Ghats is a mountain range running along the western coast of peninsular India, from Tapti River in the north to Kanyakumari in the south. Constituting 4 percent of the country’s geographical area, this zone supports tropical evergreen forests that are home to approximately 15,000 species of higher plants, of which around 4,000 (27 percent) are endemic. There are several endemic faunal species as well, such as the Nilgiri Langur (Presbytis johnii) and the Lion-tailed Macaque (Macaca silenus).

9. The Andaman and Nicobar Islands.

Although this zone covers only 0.3 percent of the country’s geographical area, it is nonetheless important from the biodiversity perspective. The Andaman and Nicobar Islands have some of India’s finest tropical evergreen moist forests and show high degree of endemism in flora and fauna.

10. The long western and eastern coastal belt with sandy beaches, forests and mangroves.

The coastal zone constitutes 2.5 percent of the geographical area and covers beaches, mangroves, mud flats, coral reefs and marine angiosperm pastures. Sundarbans – shared with Bangladesh – is the largest contiguous mangrove area in the world. The Lakshadweep Islands – having a biodiversity-rich reef lagoon system – are also included in this zone.

National Biodiversity Act - 2002

Details of Biodiversity Act - 2002

National Biodiversity Authority

National Biodiversity Action Plan

Biodiversity and Governance

Armed Forces Special Powers Act (AFSPA)

Introduction

The Armed Forces Special Powers Act (AFSPA)-1958 was enacted by the Parliament on September 11, 1958, to provide necessary powers and legal protection to the Armed Forces while carrying out proactive operations against the insurgents in a highly hostile environment. Since then, the Armed Forces have been able to effectively contain insurgency and establish stability in the region. It grants special powers to the armed forces in what the act calls "disturbed areas". AFSPA was first applied to the Northeastern States of Assam and Manipur, and was amended in 1972 to extend to the other States of Tripura, Meghalaya, Arunachal Pradesh, Mizoram and Nagaland.It was later extended to Jammu and Kashmir as The Armed Forces (Jammu and Kashmir) Special Powers Act, 1990 in July 1990.

Operational Importance of AFSPA

 An analysis of ground realities vis-a-vis the situation in early 1950s makes it evident that the fighting capability of the militants in the North East and J&K has improved considerably over the years. They possess sophisticated weapons, modern communication equipment and have moral and financial support from across the borders. Areas close to the international border witness trans-border movement of militants from their camps and hide-outs in neighbouring countries.

The Armed Forces are required to operate in varied terrain such as thick forests, in far flung areas and also in the built up areas ranging from small hutments and villages to towns and cities, where the insurgents have established their training camps and support bases. Not only do the troops operate in hostile terrain, they also work in an unfriendly population environment exposing themselves to grave dangers demanding very high degree of operational effectiveness. At the same time, the Armed Forces are under pressure to be extremely cautious and avoid collateral damage and loss of innocent lives or property. Any violation or perceived violation attracts media attention and provides a opportunity for propaganda to factions with vested interests. On most occasions, allegations have been found to be false and evidence fabricated but nevertheless, have to be answered, rebutted or contended with. Operating under such environment requires a protective law lest the forces get embroiled in legal battles and their effectiveness is reduced in operations for which they have been deployed in the first place. 

Militants in different parts of the country exploit popular anger and frustration of the people at the failures of the civil administration on the development and welfare fronts. It has to be stopped. In order to get to the root of the problem one needs to take a look at the wider scenario where underground outfits have created violent security situations to further their causes and AFSPA had to be enforced.

It is the duty of the State to harmonize the rights of the individual on one hand and with the requirement of the community on the other. The Central Government vide Art 355 of the Constitution of India is duty bound to protect every State not only against the external aggression but also internal disturbances and to ensure that the governance of every State is carried out in accordance with the provisions of the Constitution of India. 

Provisions under AFSPA

Powers to declare areas to be disturbed areas (Section 3 of the Act)

In relation to any state or Union Territory to which this act extends, the Governor of that State or the administrator of that Union Territory or the Central Government, in either case, if of the opinion that the whole or any part of such State of Union territory, as the case may be, is in such a disturbed or dangerous condition that the use of armed forces in aid of the civil power is necessary, the Governor of that State or the Administrator of that Union Territory or the Central Government, as the case may be , may by notification in the Official Gazette,declare the whole or such part of such State or Union territory to be a disturbed area

The Governor is empowered to declare any area of the State as “disturbed area’. It could not be arbitrary on ground of absence of legislative guidelines (Inderjit Barua v.State of Assam)

Section 3 cannot be construed as conferring a power to issue a declaration without any time limit. There should be periodic review of the declaration before the expiry of six months; Naga People’s Movement of Human Rights v. Union of India.

Special Powers of the armed forces (Under the AFSPA)

 Any commissioned officer, warrant officer, non-commissioned officer or any other person of equivalent rank in the armed forces may, in a disturbed area can

• Fire upon or use other kinds of force even if it causes death, against the person who is acting against law or order in the disturbed area for the maintenance of public order, after giving such due warning.

• Destroy any arms dump, prepared or fortified position or shelter or training camp from which armed attacks are made by the armed volunteers or armed gangs or absconders wanted for any offence

• To arrest without a warrant anyone who has committed cognizable offenses or is reasonably suspected of having done so and may use force if needed for the arrest.

• To enter and search any premise in order to make such arrests, or to recover any person wrongfully restrained or any arms, ammunition or explosive substances and seize it.

• Stop and search any vehicle or vessel reasonably suspected to be carrying such person or weapons.

• Any person arrested and taken into custody under this Act shall be made over to the officer in charge of the nearest police station with the least possible delay, together with a report of the circumstances occasioning the arrest.

• Army officers have legal immunity for their actions. There can be no prosecution, suit or any other legal proceeding against anyone acting under that law. Nor is the government's judgment on why an area is found to be disturbed subject to judicial review.

• Protection of persons acting in good faith under this Act from prosecution, suit or other legal proceedings, except with the sanction of the Central Government, in exercise of the powers conferred by this Act.

  
Demand to Repeal/Revoke AFSPA

According to those who want repeal of AFSPA,the large scale violations of  fundamental rights in the north eastern states and kashmir is a direct consequence of the provisions of the AFSPA.The AFSPA, which grants armed forces personnel the power to shoot to arrest, search, seize and even shoot to kill, violates the Right to Life enshrined in Article 21 of the Constitution of India which guarantees the right to life to all people.The AFSPA also violates the International Covenant on Civil and Political Rights (ICCPR). India signed the ICCPR in 1978, taking on the responsibility of securing the rights guaranteed by the Covenant to all its citizens. In particular, the Act is in contravention of Article 6 of the ICCPR guaranteeing the right to life.Some believe that AFSPA seeks to supplant rather than supplement civil authority with military authority in the administration of everyday life.It  blurs the necessary distinctions between the police and the military, between the civilian and the combatant, and between ‘domestic’ and ‘alien’ space.

Jeevan Reddy Commission on AFSPA stated that "the Act, for whatever reason, has become a symbol of oppression, an object of hate and an instrument of discrimination and high handedness." The report also stated that "It is highly desirable and advisable to repeal the Act altogether, without of course, losing sight of the overwhelming desire of an overwhelming majority of the (North East) region that the Army should remain (though the Act should go)".The report recommends the incorporation of AFSPA in the Unlawful Activities (Prevention) Act, 1967, which will be operable all over India.

Provisions against misuse of the Act

It is also an established fact that the judiciary is the custodian of the Constitution. An independent judicial system performs better than any other agency to maintain prefect equilibrium between the liberty of the. individual and the powers of the State. It is in this light, it is emphasized that the Hon'ble Supreme Court of India has upheld the constitutional validity of the Armed Forces (Special Powers) Act. The court further observed that the instructions issued by the military authorities in the form of 'DO's' and DON'Ts while acting under the AFSPA are to be treated as binding instructions which are required to be followed by the members of, the Armed Forces. 

Adequate checks and safeguards are built in the AFSPA to prevent the Armed Forces from assuming sweeping powers. Violations of its provisions are liable for legal action and prosecution. The DO's and DON'Ts issued to the units having found approval of Apex Court have acquired legal status, are binding on the troops which are restraining factors to ensure the guidelines are taken very seriously and promt disciplinary action is taken against the defaulters under Army Act 1950.

It is reiterated that the Armed Forces of the Union deployed in aid of the Civil Powers have to operate in the State concerned in co-operation with the Civil Administration to deal with the situation affecting maintenance of public order which has necessitated the deployment or Armed Forces so that normalcy is restored. Thus the governance of the State yet remains in the hands of Civil Administration and not taken over by the Armed Forces, as is wrongly perceived by many people.The armed forces must act in cooperation with the district administration and not as an Independent body. Armed Forces could work in harmony when they deployed in disturbed area.

From bare reading of the Act, it appears that security forces enjoy vast powers, which are akin to the powers vested in the local police, yet power to investigate the offences remains reserved with the police alone.Arrested persons to be made over to the police –Any person arrested and taken into custody under this Act shall be made over to the officer in charge of the nearest police station with the least possible delay, together with a report of the circumstances occasioning the arrest.

By analysing the issue of safeguard further, it would transpire that the protection envisaged is for only those persons, who act in good faith in discharge of their official duties and not otherwise. Acting in good faith would mean to act without any malice in the discharge of the official duties, i.e., exercising due care and caution. Sec 7 of the Act reads thus :-­

"Protection of persons acting in good faith under this Act. No prosecution, suit or other legal proceeding shall be instituted except with the previous sanction of the Central Government against any person in respect of anything done or purported to be done in exercise of the powers conferred by this Act."

The protection under Section 7 would not be available to a member of the security forces, who commits acts which constitute criminal offences not in the discharge of his official duties even in the area which has been declared as disturbed. 

Supreme Court Judgements

Conferment of power on non-commissioned officers like a Havaldar cannot be said to be bad and unjustified ( Inderjit Barua v .State of Assam )

The Governor is empowered to declare any area of the State as “disturbed area’. It could not be arbitrary on ground of absence of legislative guidelines (Inderjit Barua v.State of Assam)

Section 3 cannot be construed as conferring a power to issue a declaration without any time limit. There should be periodic review of the declaration before the expiry of six months; Naga People’s Movement of Human Rights v. Union of India.

In the stringent operating environment it is but human to make mistakes. While mistakes do occur the guilty must be justly punished. Army has been unilaterally taking disciplinary actions against defaulters under the Provision of the Army Act.

Soldier functioning in areas where AFSPA is in place is not above the law of the country. If and when the government feels that a crime has been committed which requires punishment in accordance with the law of the land it retains the right to give sanction for prosecution and put the process of civil law into motion; this by itself places a huge check on the conduct of the forces personnel. Also, trial by a military court is not easy on an offender; military courts are known to mete out swift and more severe punishment than that given by the civilian courts.

The nation has to be assured that personnel from the army, the Para-military forces, the Police services or any other government agency are subject to stringent disciplinary procedures which greatly reduce the possibility of their indulging in such heinous crimes and that the miniscule few who do so are brought to book much faster than their civilian counterparts. The army in particular needs to inform the public about the actions that it has taken and is taking to ensure that its soldiers are properly educated, indoctrinated and monitored to ensure that they do not indulge in barbaric acts. Also the process by which such heinous crimes, if committed, would be handled in places which are under AFSPA should be made public.

The common ground between the supporters and detractors of AFSPA is that, AFSPA can only be a temporary phase to bring normalcy to a disturbed area, restore democratic institutions and create an atmosphere where these institutions can function normally. The main disagreement is on the timing of it’s removal. Increasingly, the public, rightfully, is emerging as an important stakeholder whose opinion has started to matter a lot in issues such as AFSPA.

Details of the Act -- Click Here

Tax Structure in India

Taxes in India are levied by the Central Government and the state governments. Some minor taxes are also levied by the local authorities such the Municipality or the Local Council .

The authority to levy a tax is derived from the Constitution of India which allocates the power to levy various taxes between the Centre and the State. An important restriction on this power is Article 265 of the Constitution which states that "No tax shall be levied or collected except by the authority of law." Therefore each tax levied or collected has to be backed by an accompanying law, passed either by the Parliament or the State Legislature. In 2010-11, the gross tax collection amounted to 7.92 trillion, with direct tax and indirect tax contributing 56% and 44% respectively.

The power to levy taxes and duties is distributed among the three tiers of Government, in accordance with the provisions of the Indian Constitution.

The main taxes/duties that the Union Government is empowered to levy are:-
Income Tax (except tax on agricultural income, which the State Governments can levy)
Customs duties
Central Excise and Sales Tax
Service Tax.

The principal taxes levied by the State Governments are:- 

Sales Tax (tax on intra-State sale of goods)

Stamp Duty (duty on transfer of property)

State Excise (duty on manufacture of alcohol)

Land Revenue (levy on land used for agricultural/non-agricultural purposes)

Duty on Entertainment and Tax on Professions & Callings. 

The Local Bodies are empowered to levy tax on properties (buildings, etc.), Octroi (tax on entry of goods for use/consumption within areas of the Local Bodies), Tax on Markets and Tax/User Charges for utilities like water supply, drainage, etc. 

Financial Relations between Centre and States

• India possesses a federal structure in which a clear distinction is made between the Union and the State functions and sources of revenue. Our constitution provides residual powers to the Centre. Article 264 and 293 explain the financial relations between the Union and State Government.
• Although the States have been assigned certain taxes which are levied and collected by them, they also have a share in the revenue of certain union taxes and there are certain other taxes which are levied and collected by the Central Government but whole proceeds are transferred to the States.
• The Constitution provides residuary powers to the Centre. It makes a clear division of fiscal powers between the Centre and the State Governments.

(A) List – I of Seventh Schedule of the Constitution enlists the Union Taxes which are :

• Taxes on income other than agriculture income.
• Corporation tax.
• Custom Duties.
• Excise Duties except on alcoholic liquors and narcotics not contained in medice preparations.
• Estate and succession duties other than on agricultural land.
• Taxes on the capital value of assets except agricultural land of individuals and companies.
• Rates of stamp duties – on financial documents.
• Taxes other than stamp duties on transactions in stock exchanges and future markets.
• Taxes on sales or purchases of newspapers and on advertisements therein.
• Taxes on railway freight and fares.
• Terminal taxes on goods or passengers carried by Railways Sea or air.
• Taxes on the sale or purchase of goods in the course of interstate trade.

(B) List – II of Seventh schedule enlists the taxes which are within the jurisdiction of the States:

• Land revenue.
• Taxes on the sale and purchase of goods, except newspapers.
• Taxes on Agricultural Income.
• Taxes on land and buildings.
• Succession and estate duties on agricultural land.
• Excise on Alcoholic Liquors and Narcotics.
• Taxes on the entry of goods into a local area.
• Taxes on the consumption and sale of electricity.
• Taxes on mineral rights (subject to any limitations imposed by the Parliament).
• Taxes on vehicles, animals and boats.
• Stamp duties except those on financial documents.
• Taxes on goods and passengers carried by board or inland water – ways.
• Taxes on luxuries including entertainments, betting and gambling.
• Tolls.
• Taxes on professions, trades, callings and employment.
• Capitation taxation.
• Taxes on advertisements other than those contained in newspapers.

(C) Apart from taxes levied and collected by the States, the Constitution has provided for the revenues for certain taxes on the Union List to be allotted, partly or wholly to the States. These provisions fall into various categories:

• Duties which are levied by the Union Government but are collected and appropriated by the States. These include stamp duties, excise duties on medical preparations containing alcohol or narcotics.
• Taxes which are levied and collected by the Union, but the entire proceeds of which are assigned to the states, in proportion determined by the Parliament.These taxes include:
  • Succession and Estate duty.
  • Terminal Taxes on goods and passengers.
  • Taxes on railway freight and fares.
  • Taxes on transactions in stock exchanges and future markets.
  • Taxes on sale and purchase of newspapers and advertisements therein.

• Central Taxes on income and union excise duties are levied and collected by the Union but are shared by it with the States in a prescribed manner.
• Proceeds of additional excise duty on mill – made textiles, sugar and tobacco which are levied by the Union since 1957 in replacement of State sales taxes on these commodities are wholly distributed among the States in a manner as to guarantee their former incomes from the displaced sales taxes.

In 1991, the government set up a special committee, the Raja Chelliah Committee on Tax Reforms, to review the country's tax system. Its mandate was to make recommendations to make the tax system more elastic and broad based, and to suggest means required for simplifying existing laws and regulations to facilitate better enforcement and compliance. The recommendations made by this committee envisaged simplified procedures and a rationalised rate structure.

The table below gives a list of the major direct and indirect tax laws and authorities responsible for administering these laws.

List of Taxes : 

Direct Taxes 

•  Income tax (Personal) 
• Corporate tax 
• Banking Cash Transaction Tax (BCTT) - Banking Cash Transaction Tax (BCTT) has been withdrawn with effect from April 1, 2009.
• Securities Transaction Tax (STT) - levied on every purchase or sale of securities that are listed on the Indian Stock Exchange.
• Wealth Tax - Wealth tax, in India, is levied under Wealth-tax Act, 1957. Wealth tax is a tax on the benefits derived from property ownership. The tax is to be paid year after year on the same property on its market value, whether or not such property yields any income. Wealth tax is not levied on productive assets, hence investments in shares, debentures, UTI, mutual funds, etc are exempt from it. The assets chargeable to wealth tax are Guest house, residential house, commercial building, Motor car, Jewellery, bullion, utensils of gold, silver, Yachts, boats and aircrafts, Urban land and Cash in hand (in excess of Rs 50,000 for Individual & HUF only). 
• Capital Gains Tax -A capital gain is income derived from the sale of an investment. A capital investment can be a home, a farm, a ranch, a family business, work of art etc.

 Different kinds of taxes relating to a company/corporation

• Minimum Alternative Tax (MAT) -  its a tax that has to be paid by the companies that are enjoying tax benefits or tax exemption under various schemes.The concept of Minimum Alternate Tax (MAT) was introduced in the direct tax system to make sure that companies having large profits and declaring substantial dividends to shareholders but not paying tax to the Govt by taking advantage of the various incentives and exemptions provided in the Income-tax Act, pay a fixed percentage of book profit as minimum alternate tax.
• Fringe Benefit Tax (FBT)-Fringe Benefit Tax (FBT) is fundamentally a tax that an employer has to pay in lieu of the benefits that are given to his/her employees.A new tax was imposed on employers by India's Finance Act 2005 was introduced for the financial year commencing April 1, 2005.

        The following items were covered under FBT:

1. Employer's expenses on entertainment, travel, employee welfare and accommodation. The definition of fringe benefits that have become taxable has been significantly extended. The law provides an exact list of taxable items.
2. Employer's provision of employee transportation to work or a cash allowances for this purpose.
3. Employer's contributions to an approved retirement plan (called a superannuation fund).

• Dividend Distribution Tax (DDT) - Dividend distribution tax is the tax levied by the Indian Government on companies according to the dividend paid to a company's investors.

 Direct Tax Code

 The direct tax code seeks to consolidate and amend the law relating to all direct taxes, namely, income-tax, dividend distribution tax, fringe benefit tax and wealth-tax so as to establish an economically efficient, effective and equitable direct tax system which will facilitate voluntary compliance and help increase the tax-GDP ratio. Another objective is to reduce the scope for disputes and minimize litigation. 

It will eventually pave the way for a single unified taxpayer reporting system.The salient features of the code are: Single code for direct taxes ,use of simple language,reduced scope for litigation,flexibility and stability.

 Indirect Taxes 

•  Sales tax 
• Central Sales Tax (CST)-Central Sales tax is generally payable on the sale of all goods by a dealer in the course of inter-state trade or commerce or, outside a state or, in the course of import into or, export from India. 
• Value Added Tax (VAT)-VAT is a multi-stage tax on goods that is levied across various stages of production and supply with credit given for tax paid at each stage of Value addition. Introduction of state level VAT is the most significant tax reform measure at state level. The state level VAT has replaced the existing State Sales Tax.      
• Excise Duty-Central Excise duty is an indirect tax levied on goods manufactured in India.
• Customs Duty-Custom or import duties are levied by the Central Government of India on the goods imported into India. 
• Service Tax -Service tax was introduced in India way back in 1994 and started with mere 3 basic services viz. general insurance, stock broking and telephone.  
  

Roadmap towards GST

The Empowered Committee of State Finance Ministers has been entrusted with the task of preparing a roadmap for the introduction of national level goods and services tax with effect from 01 April 2007.The move is towards the reduction of CST to 2 per cent in 2008, 1 per cent in 2009 and 0 per cent in 2010 to pave way for the introduction of GST (Goods and Services Tax).

What is GST?

It is an indirect tax that will lead to the abolition of all other taxes such as octroi,central sales tax,excise duty, service tax ,state-level sales tax,and value-added tax (VAT). Both the state and the central governments will impose GST on almost all goods and services produced in India or imported into the country.It will replace all indirect taxes levied on goods and services by the Indian Central and State governments. It is aimed at being comprehensive for most goods and services with few tax exemption.

India is a federal republic, and the GST will thus be implemented concurrently by the central and state governments as the Central GST and the State GST respectively.

What categories are exempt from GST?

Exports will not be subject to GST. Direct taxes, such as income tax, corporate tax and capital gains tax will not be affected.

How will GST benefit the economy?

It will simplify India's tax structure, broaden the tax base, and create a common market across states. This will lead to increased compliance and increase India's tax-to-gross domestic product ratio. According to a report by the National Council of Applied Economic Research, GST is expected to increase economic growth by between 0.9 per cent and 1.7 per cent. Exports are expected to increase by between 3.2 per cent and 6.3 per cent, while imports will likely rise 2.4-4.7 per cent, the study found.

How will GST benefit corporates?

It will be beneficial for India Inc. as the average tax burden on companies will fall. Reducing production costs will make exporters more competitive.  

Will goods and services become costly? 

The highest rate of taxation under GST will be around 15 per cent in the first year, and eventually come down to 12 per cent in the second year. By comparison, the current rate of the various indirect taxes levied in India amounts to roughly 20 per cent. Goods deemed necessary or of basic importance will be taxed at a lower rate.

Will state governments lose out?

 Some states fear that a uniform tax rate, if lower than their existing rates, will dent collections. The central government is likely to compensate states for the potential revenue loss. Also, instead of an earlier proposal for a uniform GST rates across the country, the Union Government has agreed to have a floor rate of taxation with a narrow band.

Can states decide to opt out of GST?

 In a deviation from its earlier stand, the government has agreed for a phased roll-out of GST. States will also have the flexibility to opt out of GST.

What's the latest on GST? 

Three sub-committees have been formed to resolve all outstanding differences and submit their reports in three months. i) One will look at the issue of integrated GST for inter-state movement of goods and VAT on imports. ii) The second will decide on a revenue neutral rate on GST - one that is not too high for the traders and not too low for states. iii) The third will look for a mechanism so that traders have to coordinate only with one agency - centre or state. This committee will also decide on a common exemption list and threshold for levying GST.

How will it become a reality? 

The GST can be implemented only through a Constitutional Amendment Bill, which means it needs to be approved by not less than two-thirds of the members present and voting in each House of Parliament. The GST must also be ratified by the legislatures of at least one-half of the states.

The GST is expected to foster increased efficiencies in the economic system thereby lowering the cost of supply of goods and services. Further, in the Indian context, there is an expectation that the aggregate incidence of the dual GST will be lower than the present incidence of the multiple indirect taxes in force.  Consequently, the implementation of the GST is expected to bring about, if not in the near term but in the medium to long term, a reduction in the prices of goods and services. The expectation is that the dealers would start passing on the benefit of the reduced tax incidence to the customers by way of reduced prices. As regards services, it could be that their short term prices would go up given the expectation of an increase in the tax rate from the present 10% to approximately 14% to 16%.

The 13th Finance Commission headed by Dr. Vijay Kelkar constituted the Task Force of Goods and Services Tax (GST), which has released its Report on 15.12.2009 and suggested the total GST rate of 12% – 5% at the Centre and 7% at the State levy .

Advantages of GST

The merits of GST are well-known.

(i) It will re-distribute the burden of taxation equitably between manufacturing and services bringing about a qualitative change in the tax system.
(ii)With the minimisation of exemptions, it will broaden the tax base and lower the tax rates.
(iii)By switching to the destination principle, the distortions will be reduced fostering a common market across the country.
(iv)The compliance cost will come down and our trade and industry will become more competitive leading to an increase in exports and lower prices for domestic consumers.

 Finance Commission of India

Finance Commission is constituted to define financial relations between the Centre and the States. Under the provision of Article 280 of the Constitution, the President appoints a Finance Commission for the specific purpose of devolution of non – plan revenue resources. The functions of the Commission are to make recommendations to the President in respect of :   

1.  The distribution of net proceeds of taxes to be shared between the Union and the States and the allocation of share of such proceeds among the States.
2. The principles which should govern the payment of grants – in – aid by the Centre to the States.
3. Any other matter concerning financial relations between the Centre and the States.

 Imp. Info : Click Here & Here