Highlights of Union Budget 2018-19: Analysis & Important points

Highlights of Union Budget 2018-19 - Analysis & Important points

union budget 2018-19 Assamexam

 

Download Union Budget 2018-19 Highlights PDF

Union Budget is the annual report of the Government’s finances in which revenues from all sources and outlays for all activities are consolidated.  It also contains estimates of the Govt’s accounts for the next fiscal year.

On 1st February 2018, Union Finance Minister Arun Jaitley presented the Union Budget 2018, his 5th and the last full budget of this NDA government. This budget was also special because it is the first budget after big-ticket economic reforms like the Goods and Services Tax (GST), Demonetisation, Dynamic Fuel Pricing etc.

 

Major Highlights

 

Fiscal Situation

  • Fiscal deficit is 3.5% of GDP at Rs 5.95 lakh crore in 2017-18.
  • Excess revenue collected from personal income tax amounts to 90,000 cr.
  • Fiscal deficit target for next fiscal: 3.3%.
  • Rs 21.57 lakh crores transferred as net GST to states as against projection of Rs 21.47 lakh crores.

India’s growth story

  • Indian economy is on course to achieve high growth of 8%. Economy to grow at 7.2-7.5% in second half of 2018-19.
  • India grew at an average of 7.5% in the first three years since 2014. It is now a $2.5 trillion economy and the seventh largest in the world.
  • Government moves to remove stamp duty from financial transactions.
  • 41% more returns were filed this year, which shows that more people have joined the tax net. Tax payer base has risen from 6.47 crore in 2014-15 to 8.27 crore in 2016-17.

Sector-wise Analysis

 Personal Tax
  • Personal Income Tax: No change
  • Relief to salaried tax: Standard deduction increased for transport and medical reimbursement to Rs 40,000 from Rs 15,000. However conveyance expenses to get benefit of Rs 19,200 under transport allowance will stant discontinued.
  • Long term capital gains (LTCG) over Rs. 1 lakh to be taxed at the rate of 10%.
  • Health and education cess increased to 4% from current level of 3%.

     For Senior citizens

  • Rs 50,000 additional benefit to senior citizens for investment in mediclaim.
  • For senior citizens, no TDS on FD, Post Office interest upto Rs. 50,000.
  • For senior citizen, limit for investment in LIC schemes doubled to Rs. 15 lakh.
Corporate Tax
  • 100% tax exemption for the first five years to companies registered as farmer producer companies with a turnover of Rs. 100 crore and above.
Custom Duty/Cess
  • Proposal to increase the health and education cess to 4%.
  • Imported electronics, including phones and TVs, will now get more expensive as government proposes to increase custom duty on mobiles from 15% to 20% and on some other mobile parts to 15%, and some parts of TVs to 15%.
  • Customs duty on raw cashew cut form 5% to 2.5%.
Telecom
  • Government proposes to set up 5 lakh wifi-hotspots that will provide internet to five crore rural citizens in 2018-19.
  • Government provided Rs10,000 crore for creation and augmentation of telecom infrastructure in 2018-19.
  • Department of Telecom will support the setting up of indigenous 5G centre at IIT Madras.
Textile
  • Rs 7,148 crore allocated for textile sector
MSME Sector
  • Target of Rs. 3 lakh crore for lending under PM MUDRA Yojana.
  • Reduced corporate rate of 25% to firms with 250 cr turnover.
Banking
  • Recapitalisation will pave the way for public banks to lend an additional Rs 5 lakh crore.
Startups
  • VCFs, angel investors to get new measures for growth and new tax rules to increase funding of startups.
Railways
  • Rs 1,48,528 crore is the capital expenditure for the Indian Railways for 2018-19… All trains to be progressively provided with WiFi, CCTV and other state-of-the-art amenities.
  • All railways stations with more than 25,000 footfalls to have escalators.
  • 12,000 wagons, 5160 coaches and 700 locomotives being procured. This is significant achievement of physical targets by Railways.
  • Focus will be on safety, maintenance of railway tracks, increase in use of technology and fog safety devices.
  • Redevelopment of 600 major railway stations has been taken up; Mumbai transport system is being expanded; suburban network of 160 km planned for Bengaluru.
  • Foundation stone of the bullet train was laid in September 2017. An institute is coming up in Vadodara to train the manpower required for the high speed railway projects.
  • 3600-km of rail track renewal targeted in coming year.
  • All trains to increasingly have WiFi & CCTVs.
  • 600 railway stations to be redeveloped.
  • 150 km additional suburban railway network at the cost of Rs. 40,000 cr.
Agriculture
  • Credit for agriculture sector to increase from 10 lakh crore to 11 lakh crore
  • Agri-Market Development Fund with a corpus of Rs 2000 crore to be set up for developing agricultural markets.
  • 1290 crore allocation for bamboo sector.
  • Operation Green allocation Rs. 500 crore for promoting farmer produce organisations.
  • Grameen Agricultural Market (GRAM) will provide farmers a means to sell directly to buyers.
  • The focus is on low-cost farming, higher MSP. Emphasis is on generating farm and non-farm employment for farmers.
  • The Minimum Support Price (MSP) of all crops shall be increased to at least 1.5 times that of the production cost.
  • The government will ensure payment of full MSP even if farmers sell below MSP.
  • 10,000 cr for fishery development fund and animal husbandry fund.
  • Kisan credit card to be extended to fisheries, animal husbandry farmers.
  • 100% tax deduction for farmer production firms with 100 crore turnover.
  • APMCs will be linked with ENAM. 22,000 Gramin agricultural markets will be developed.
Health
  • Ayushman Bharat program – About 10 crore poor and vulnerable families will be targeted under healthcare protection scheme, which will offer up to Rs 5 lakh per family. This will be the world largest government-aided programme.
  • As per the national health policy 2017, health and wellness centres will be launched. Around 1.5 lakh centres will provide free essential drugs, maternal and child services. The finance ministry allocated Rs1200 crore for this flagship programme.
  • Rs 1,200 crore for the flagship programme in health wellness centres.
  • TB patients will get Rs 500 per month for nutritional support.
  • 600 crore for nutritional support to all TB patients.
Infrastructure
  • To spend 14.34 trillion Indian rupees ($225.50 billion) on rural infrastructure.
  • NHAI would transfer the road projects into special purpose vehicles to use innovative structures such as infrastructure trusts for fund mobilisation.
  • Government to use select InvITs for infrastructure funding.
  • System of toll payment by cash being replaced by electronic payments.
  • Smart City mission: 99 cities selected with outlay of Rs. 2.04 lakh crore.
  • 5 lakh WiFi spots for benefit of 5 crore rural citizens.
  • 10 tourist cities to be developed into iconic tourist destinations.
Connecting India– Road/Air
  • Bharatmala project approved for better road connectivity at Rs 5.35 lakh crore.
  • UDAN will connect 56 unserved airports in India.
  • Airports Authority of India now has 124 airports; this will be expanded by 5 times. Aim of 1 billion trips a year.
  • Airport capacity to be hiked to handle 1 billion trips per year.
Education
  • 1 lakh crore over 4 years for initiative for infra in education.
  • At least 24 new government medical colleges and hospitals will be set up by upgrading existing district hospitals.
  • Goal of one medical college per every three Parliamentary constituencies.
  • 1,000 best B.Tech students to be made PM research fellows — to do PhDs in IITs and IISc. They will spend few hours every week teaching in technical institutions.
  • Eighteen new schools of planning and architecure will be set up.
  • Proposal of Railway University in Vodadara.
  • Eklavya schools for tribal children.
  • Government to launch ‘Revitalising Infrastructure and Systems in Education by 2022.
  • Integrated B.Ed programme to be initiated for teachers, to improve quality of teachers.
  • Technology will be the biggest driver in improving education. To work with states to provide more resources to improve quality of education.
  • Moving from blackboard to digital board.
Skill Development & Training
  • Training for 50 lakh youth by 2020.
Science & Tech
  • National program to direct efforts in Artificial Intelligence.
Women
  • 76% of MUDRA loans for women.
  • Contribution of 8.33% to EPF for new women employees by the govt for three years while the employer’s contribution will continue to be at 12%.
  • Government proposes to increase the target of providing free LPG connections to 8 crore to poor women.
  • 8 crore rural women to get free gas connection through Ujjwala yojana.
Poor, backward and vulnerable section
  • By 2022, every block with more than 50% ST population and at least 20,000 tribal people will have ‘Ekalavya’ school at par with Navodaya Vidayalas.
  • Allocation of Rs. 56,619 crore for SC welfare and Rs. 39,135 crore for ST welfare.
  • Allocation for national livelihood mission: Rs. 5750 crore.
Other Important proposals
  • Government doesn’t consider cryptocurrencies as legal tender or coins.
  • The govt aim that by 2022, all poor people have a house to live in.
  • Government plans to construct 2 crore more toilets under Swachh Bharat Mission.
  • Total 187 projects sanctioned under the Namami Gange programme.
  • Air Pollution in Delhi-NCR is a cause for concern, special scheme will be implemented to support governments of Haryana, Punjab, Uttar Pradesh and Delhi-NCT to address it and subsidise machinery for management of crop residue.
  • Proposal to develop 10 prominent tourist destinations as Iconic tourism destinations.
  • AMRUT programme will focus on water supply to all households in 500 cities. Water supply contracts for 494 projects worth 19,428 core awarded.
  • Emoluments of the President to be revised to Rs 5 lakh per month & emoluments of the Vice-president to be revised to Rs 4 lakh per month.
  • Cash payments of over Rs. 10,000 by trusts, institutions to be disallowed.
  • Disinvestment target of Rs. 80,000 crore for 2018-19. 24 Public Sector Units to be divested.
  • United India Insurance, Oriental Insurance and National Insurance will be merged and then listed.
  • Gold monetisation scheme will be revamped to allow people to open hassle-free gold deposit accounts.
  • Outward Direct Investment (ODI) from India has grown to US$15 billion per annum.
  • Loans to self-help groups will increase to ₹75,000 crore

Key Focus Areas  Agriculture, Health, Education and Employment are the main focussed areas of the Union budget 2018-19.

 

Important Glossary

Fiscal Deficit -When the government’s non-borrowed receipts fall short of its entire expenditure, it has to borrow money form the public to meet the shortfall. The excess of total expenditure over total non-borrowed receipts is called the scal decit.

Revenue Deficit -The difference between revenue expenditure and revenue receipt is known as revenue deficit. It shows the shortfall of government’s current receipts over current expenditure.

Primary Deficit -The primary deficit is the fiscal decit minus interest payments. It tells how much of the Government’s borrowings are going towards meeting expenses other than interest payments.

Capital Budget – The Capital Budget consists of capital receipts and payments. It includes investments in shares, loans and advances granted by the central Government to State Governments, Government companies, corporations and other parties

Revenue Budget – The revenue budget consists of revenue receipts of the Government and it expenditure. Revenue receipts are divided into tax and non-tax revenue.

Tax revenues constitute taxes like income tax, corporate tax, excise, customs, service and other duties that the Government levies.

Non-tax revenue sources include interest on loans, dividend on investments.

Budget Estimates – Amount of money allocated in the Budget to any ministry or scheme for the coming financial year.

Guillotine – Parliament, unfortunately, has very limited time for scrutinising the expenditure demands of all the Ministries. So, once the prescribed period for the discussion on Demands for Grants is over, the Speaker of Lok Sabha puts all the outstanding Demands for Grants, Whether discussed or not, to the vote of the House.

 

Download Union Budget 2018-19 Highlights PDF


APSC mains 2018 test series GS & Optional Paper

Economic Survey 2017-18 – Highlights & Complete Coverage

Economic Survey 2017-18 – Highlights & Complete Coverage

Economic Survey 2017-18 - Assamexam

TEN NEW FACTS ON THE INDIAN ECONOMY

Volume – I

Chap 1. State of the Economy: An Analytical Overview and Outlook for Policy

Chap 2. A New, Exciting Bird’s-Eye View of the Indian Economy Through the GST

Chap 3. Investment and Saving Slowdowns and Recoveries: Cross-Country Insights for India

Chap 4. Reconciling Fiscal Federalism and Accountability: Is there a Low Equilibrium Trap?

Chap 5. Is there a “Late Converger Stall” in Economic Development? Can India Escape it?

Chap 6. Climate, Climate Change, and Agriculture

Chap 7. Gender and Son Meta-Preference: Is Development Itself an Antidote?

Chap 8. Transforming Science and Technology in India

Chap 9. Ease of Doing Business’ Next Frontier: Timely Justice

Volume – I

Chap 1. An Overview of India’s Economic Performance in 2017-18

Chap 2. Review of Fiscal Developments

Chap 3. Monetary Management and Financial Intermediation

Chap 4. Prices and Inflation

Chap 5. Sustainable Development, Energy and Climate Change

Chap 6. External Sector

Chap 7. Agriculture and Food Management

Chap 8. Industry and Infrastructure

Chap 9. Services Sector

Chap 10. Social Infrastructure, Employment and Human Development

Economic Survey 2017-18: Highlights

  • GDP to grow 7-7.5% in FY19; India to regain fastest growing major economy tag
  • GDP growth to be 6.75% in FY2017-18
  • Policy vigilance required next fiscal if high oil prices persist or stock prices correct sharply
  • Policy agenda for next year — support agriculture, privatise Air India, finish bank recapitalisation
  • GST data shows 50% rise in number of indirect taxpayers
  • Tax collection by states, local governments significantly lower than those in other federal countries
  • Demonetisation has encouraged financial savings
  • Insolvency Code being actively used to resolve NPA woes
  • Retail inflation averaged 3.3% in 2017-18, lowest in last 6 fiscals
  • India needs to address pendency, delays and backlogs in the appellate and judicial arenas
  • Urban migration leading to feminisation of farm sector
  • Rs 20,339 cr approved for interest subvention for farmers in current fiscal
  • FDI in services sector rises 15% in 2017-18 on reforms
  • Fiscal federalism, accountability to help avoid low equilibrium trap
  • India’s external sector to remain strong on likely improvement in global trade
  • Technology should be used for better enforcement of labour laws
  • Swachh Bharat initiative improved sanitation coverage in rural areas from 39% in 2014 to 76% in January 2018
  • Priority to social infrastructure like education, health to promote inclusive growth
  • Centre, states should enhance cooperation to deal with severe air pollution
  • Suvey 2017-18 in pink colour to highlight gender issues
  • Indian parents often continue to have children till they have the desired number of sons

Republic Day (26 January)

26 January, Republic Day honours the date on which the Constitution of India came into effect on 26 January 1950 replacing the Government of India Act (1935) as the governing document of India.

The Constitution was adopted by the Indian Constituent Assembly on 26 November 1949, and came into effect on 26 January 1950 with a democratic government system, completing the country’s transition towards becoming an independent republic. 26 January was chosen as the Republic day because it was on this day in 1930 when Declaration of Indian Independence (Purna Swaraj) was proclaimed by the Indian National Congress as opposed to the Dominion status offered by British Regime.

 

Background

India became independent of the United Kingdom on August 15, 1947. India did not have a permanent constitution at this time. The drafting committee presented the constitution’s first draft to the national assembly on November 4, 1947. The national assembly signed the final English and Hindi language versions of the constitution on January 24, 1950.

India’s constitution came into effect on Republic Day, January 26, 1950. This date was chosen as it was the anniversary of Purna Swaraj Day, which was held on January 26, 1930.The constitution gave India’s citizens the power to govern themselves by choosing their own government. Dr Rajendra Prasad took oath as India’s first president at the Durbar Hall in the Government House, followed by a residential drive along a route to the Irwin Stadium, where he unfurled India’s national flag. Ever since the historic day, January 26 is celebrated with festivities and patriotic fervor across India.

India adopted the constitution on November 26, 1949, which came into force on January 26, 1950, marking the country’s first Republic Day.

 

Celebrations

The main Republic Day celebration is held in the national capital, New Delhi, at the Rajpath before the President of India. On this day, ceremonious parades take place at the Rajpath, which are performed as a tribute to India; its unity in diversity and rich cultural heritage.

Another new addition to this year’s parade will be that of 113 women from the Border Security Force, or BSF, who will roar across the Rajpath performing breathtaking stunts on motorcycles. The women squad has been named Seema Bhavani or “the border braves”. The women contingent will showcase 16 types of stunts, including “Pyramid”, “Fish Riding”, “Shaktiman”, “Bull Fighting” and “Seema Prahari”.

 

Republic Day parade chief guest

As India celebrates its 69th Republic Day today, for the first time, 10 leaders of the Association of Southeast Asian Nations or ASEAN will be the chief guests at the ceremonial parade, held at Rajpath, in the heart of national capital Delhi. In 2018, Ten guests (Heads of ASEAN states) Sultan Hassanal Bolkiah Brunei, Prime Minister Hun Sen of Cambodia, President Joko Widodo of Indonesia, Prime Minister Thongloun Sisoulith of Laos, Prime Minister Najib Razak of Malaysia, State Counsellor Daw Aung San Suu Kyi of Myanmar, President Rodrigo Roa Duterte of Philippines, Prime Minister Lee Hsien Loong of Singapore, Prime Minister Prayuth Chan-ocha of Thailand and Prime Minister Nguyễn Xuân Phúc of Vietnam are invited.

Important Articles & Sources

Assam Exam - editorials sources
Cryptocurrencies and the Regulators Dilemma
Publication of the National Register of Citizens: a positive step, but what next
Stopping Illegal Migration from Bangladesh: Need for a Comprehensive Approach
Can renewables make India energy secure?
Need for Sector-Specific Ease-of-Doing Business Indices
India’s Strategic Connect with the World
India’s Membership in Shanghai Cooperation Organisation: An Appraisal
India needs a new IAS
Tri-service integration or consolidation?
In need of a psycho-economic boost
First, fix the banks
Face the decline caused by demonetisation
Is Sardar Sarovar Dam a boon or a bane?
India’s poor record of reducing poverty
On GM crops, a failure to heed scientific evidence
The challenge of reforming the UN
India’s Cold Start doctrine – all you need to know
Global Warming – Arctic ice hits another low in 2017
Why WB want to broker Indus water talks b/n India & Pakistan
Rethinking police reform
India-Japan relations in good health
HSBC sees India as a $7 trillion economy by 2028
Operation Polo: How India annexed Hyderabad state
Time for caution on India’s rising current account deficit
$400 billion & counting: India puts up a special show
Unending slowdown: Indian economy
Mountains of garbage: India’s neglected waste management crisis
Search for quality: on credit rating agencies
The arc to Tokyo: on India-Japan ties
Good and simple tax: on the GST regime
A higher opportunity – India can become a higher education global hub
Going digital -Aadhar – need of risk mitigation rather than its abrogation
Indian Banks Need $65 Billion To Meet Basel III norms
India needs regulatory reforms to tackle data fraud: UN
India FY18 GDP growth likely at 7.1 pc: Nomura
Large Indian Companies invest only in handful of states
Making the Doklam standoff useful for India
The lessons of Demonetisation
Unease of doing business
Lessons not learnt: On swine flu
Right to Privacy: Fundamental rights redefined
Citizen vs State: On right to privacy verdict
India at 70: The curse of caste
Towards a clean-up: on meeting sanitation goals
Midnight makeover: adoption of GST
No time to work: On Child Labour Act
Farmers agitation and sustainable pricing for their produces
Tax, in the bigger picture
Who owns my data?


APSC Mains Test Series 2017 GS - Assam Exam

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Article 21 of Indian Constitution – A Complete Analysis

Article 21 of Indian Constitution - Assam Exam

 

Article 21 reads as:

“No person shall be deprived of his life or personal liberty except according to a procedure established by law.”

This right has been held to be the heart of the Constitution, the most organic and progressive provision in our living constitution, the foundation of our laws. Article 21 can be claimed when a person is deprived of his “life” or “personal liberty” by the “State” as defined in Article 12. Violation of the right by private individuals is not within the preview of Article 21.

  • Article 21 corresponds to the Magna Carta of 1215, the Fifth Amendment to the American Constitution, Article 40(4) of the Constitution of Eire 1937, and Article XXXI of the Constitution of Japan, 1946.
  • Article 21 applies to natural persons. The right is available to every person, citizen or alien. Thus, even a foreigner can claim this right.
  • According to Bhagwati, J., Article 21 “embodies a constitutional value of supreme importance in a democratic society.” Iyer, J., has characterized Article 21 as “the procedural magna carta protective of life and liberty.

Article 21 secures two rights: (1)  Right to life and (2) Right to personal liberty

(1)  RIGHT TO LIFE

The right to life is undoubtedly the most fundamental of all rights. All other rights add quality to the life in question and depend on the pre-existence of life itself for their operation. As human rights can only attach to living beings, one might expect the right to life itself to be in some sense primary, since none of the other rights would have any value or utility without it.

Article 21 of the Constitution of India, 1950 provides that, “No person shall be deprived of his life or personal liberty except according to procedure established by law.” ‘Life’ in Article 21 of the Constitution is not merely the physical act of breathing or living. It has a much wider meaning which includes right to live with human dignity, right to livelihood, right to health, right to pollution free air, etc. Right to life is fundamental to our very existence, and includes all those aspects of life, which go to make a man’s life meaningful, complete, and worth living. This article has received the widest possible interpretation.

The Supreme Court held that the “right to life” included the right to lead a healthy life so as to enjoy all faculties of the human body in their prime conditions. It would even include the right to protection of a person’s tradition, culture, heritage and all that gives meaning to a man’s life. It includes the right to live in peace, to sleep in peace and the right to repose and health.

Right To Live with Human Dignity

In Maneka Gandhi v. Union of India, the Supreme Court gave a new dimension to Art. 21 and held that the right to live the right to live is not merely a physical right but includes within its ambit the right to live with human dignity. Elaborating the same view, the Court in Francis Coralie v. Union Territory of Delhi,observed that:

“The right to live includes the right to live with human dignity and all that goes along with it, viz., the bare necessities of life such as adequate nutrition, clothing and shelter over the head and facilities for reading writing and expressing oneself in diverse forms, freely moving about and mixing and mingling with fellow human beings and must include the right to basic necessities the basic necessities of life and also the right to carry on functions and activities as constitute the bare minimum expression of human self.”

Right Against Sexual Harassment at Workplace

The court in this context has observed that: “The meaning and content of fundamental right guaranteed in the constitution of India are of sufficient amplitude to encompass all facets of gender equality including prevention of sexual harassment or abuse.”

Sexual Harassment of women has been held by the Supreme Court to be violative of the most cherished of the fundamental rights, namely, the Right to Life contained in Art. 21. In Vishakha v. State of Rajasthan, the Supreme Court has declared sexual harassment of a working woman at her work as amounting to violation of rights of gender equality and rights to life and liberty which is clear violation of Articles 14, 15 and 21 of the Constitution. In the landmark judgment, Supreme Court in the absence of enacted law to provide for effective enforcement of basic human rights of gender equality and guarantee against sexual harassment laid down the following guidelines:

  1. All employers or persons in charge of work place whether in the public or private sector should take appropriate steps to prevent sexual harassment. Without prejudice to the generality of this obligation they should take the following steps:
    1. Express prohibition of sexual harassment as defined above at the work place should be notified, published and circulated in appropriate ways.
    2. The Rules/Regulations of Government and Public Sector bodies relating to conduct and discipline should include rules/regulations prohibiting sexual harassment and provide for appropriate penalties in such rules against the offender.
    3. As regards private employers steps should be taken to include the aforesaid prohibitions in the standing orders under the Industrial Employment (Standing Orders) Act, 1946.
    4. Appropriate work conditions should be provided in respect of work, leisure, health and hygiene to further ensure that there is no hostile environment towards women at work places and no employee woman should have reasonable grounds to believe that she is disadvantaged in connection with her employment.
  2. Where such conduct amounts to specific offences under I,P,C, or under any other law, the employer shall initiate appropriate action in accordance with law by making a complaint with appropriate authority.
  3. The victims of Sexual harassment should have the option to seek transfer of perpetrator or their own transfer.

Right Against Rape

Rape has been held to a violation of a person’s fundamental life guaranteed under Art. 21. Right to life right to live with human dignity. Right to life, would, therefore, include all those aspects of life that go on to make life meaningful, complete and worth living.

The supreme court held that “Rape is thus not only a crime against the person of a woman (victim), it is a crime against the entire society. It destroys the entire psychology of a woman and pushed her into deep emotional crises. It is only by her sheer will power that she rehabilitates herself in the society, which, on coming to know of the rape, looks down upon her in derision and contempt. Rape is, therefore, the most hated crime. It is a crime against basic human rights and is also violative of the victim’s most cherished of the fundamental rights, namely, the right to life with human dignity contained in Art 21”.

Right to Reputation

Reputation is an important part of one’s life. It is one of the finer graces of human civilization that makes life worth living. The Supreme Court held that “good reputation was an element of personal security and was protective by the Constitution, equally with the right to the enjoyment of life, liberty and property. The court affirmed that the right to enjoyment of life, liberty and property. The court affirmed that the right to enjoyment of private reputation was of ancient origin and was necessary to human society.”

Right To Livelihood

The Supreme Court observed that: “The sweep of right to life conferred by Art.21 is wide and far reaching. It does not mean, merely that life cannot be extinguished or taken away as, for example, by the imposition and execution of death sentence, except according to procedure established by law. That is but one aspect if the right to life. An equally important facet of the right to life is the right to livelihood because no person can live without the means of livelihood.”

Art. 21 does not place an absolute embargo on the deprivation of life or personal liberty and for that matter on right to livelihood. What Art. 21 insists is that such deprivation ought to be according to procedure established by law which must be fair, just and reasonable. Therefore anyone who is deprived of right to livelihood without a just and fair procedure established by law can challenge such deprivation as being against Art. 21 and get it declared void.

HIV Not a Sound ground for Termination – a person tested positive for HIV could not be rendered “medically unfit” solely on that ground so as to deny him the employment. The right to life includes the right to livelihood.

Right to Work Not a Fundamental Right under Art.21

Right to Shelter

The right to shelter has been held to be a fundamental right which springs from the right to residence secured in article 19(1)(e) and the right to life guaranteed by article 21. To make the right meaningful to the poor, the state has to provide facilities and opportunities to build houses.

Supreme Court had considered and held that the right to shelter is a fundamental right available to every citizen and it was read into Article 21 of the Constitution of India as encompassing within its ambit, the right to shelter to make the right to life more meaningful.

Right to Social Security and Protection of Family

The right to social and economic justice is a fundamental right under Art. 21. The State is bound to protect the life and liberty of every human-being, be he a citizen or otherwise, and it cannot permit anybody or group of persons to threaten other person or group of persons. No State Government worth the name can tolerate such threats by one group of persons to another group of persons; it is duty bound to protect the threatened group from such assaults and if it fails to do so, it will fail to perform its Constitutional as well as statutory obligations.

Right Against Honour Killing – Ill treatment and killing of a person who was a major, for wanting to get married to a person of another caste or community, for bringing dishonor to family since inter caste or inter community marriage was not prohibited in law.

Right to Health

The right to life guaranteed under Article 21 includes within its ambit the right to health and medical care.

The Supreme Court emphasized that a healthy body is the very foundation of all human activities. Art.47, a directive Principle of State Policy in this regard lays stress note on improvement of public health and prohibition of drugs injurious to health as one of primary duties of the state.

No Right to die – Right to die is not a Fundamental Right under the Article

Sentence of death –Rarest of rare cases

The issue of abolition or retention of capital punishment was dealt with by the law commission of India. After collecting as much available material as possible and assessing the views expressed by western scholars, the commission recommended the retention of the capital punishment in the present state of the country. The commission held the opinion that having regard to the conditions of India, to the variety of the social upbringing of its inhabitants, to the disparity in the level of morality and education in the country, to the vastness of its area, to the diversity of its population and to the paramount need for maintaining law and order in the country, India could not risk the experiment of abolition of capital punishment.

 

Right to get Pollution Free Water and Air

“Right to live is a fundamental right under Art 21 of the Constitution and it includes the right of enjoyment of pollution free water and air for full enjoyment of life. If anything endangers or impairs that quality of life in derogation of laws, a citizen has right to have recourse to Art.32 of the Constitution for removing the pollution of water or air which may be detrimental to the quality of life.” 

Right to Clean Environment

The “Right to Life” under Article 21 means a life of dignity to live in a proper environment free from the dangers of diseases and infection. Maintenance of health, preservation of the sanitation and environment have been held to fall within the purview of Article 21 as it adversely affects the life of the citizens and it amounts to slow poisoning and reducing the life of the citizens because of the hazards created if not checked.

 

Right to Know or Right to Be Informed

The Supreme Court observed that if democracy had to function effectively, people must have the right to know and to obtain the conduct of affairs of the State.The citizens who had been made responsible to protect the environment had a right to know the government proposal.

(2) RIGHT TO PERSONAL LIBERTY

Liberty of the person is one of the oldest concepts to be protected by national courts. As long as 1215, the English Magna Carta provided that, No freeman shall be taken or imprisoned… but… by the law of the land.

The Supreme Court has held that even lawful imprisonment does not spell farewell to all fundamental rights. A prisoner retains all the rights enjoyed by a free citizen except only those ‘necessarily’ lost as an incident of imprisonment

Right to Privacy

The Supreme Court observed that:

We have; therefore, no hesitation in holding that right to privacy is a part of the right to “life” and “personal liberty” enshrined under Article 21 of the Constitution. Once the facts in a given case constitute a right to privacy; Article 21 is attracted. The said right cannot be curtailed “except according to procedure established by law”.

Scope and Content of Right to Privacy:

Tapping of Telephone

Disclosure of Dreadful Diseases – The question before the Supreme Court was whether the disclosure by the doctor that his patient, who was to get married had tested HIV positive, would be violative of the patient’s right to privacy. The Supreme Court ruled that the right to privacy was not absolute and might be lawfully restricted for the prevention of crime, disorder or protection of health or morals or protection of rights and freedom of others. The court explained that the right to life of a lady with whom the patient was to marry would positively include the right to be told that a person, with whom she was proposed to be married, was the victim of a deadly disease, which was sexually communicable. Since the right to life included right to healthy life so as to enjoy all the facilities of the human body in the prime condition it was held that the doctors had not violated the right to privacy.

Woman’s Right to Make Reproductive Choices – A woman’s right to make reproductive choices includes the woman’s right to refuse participation in sexual activity or alternatively the insistence on use of contraceptive methods such as undergoing sterilization procedures woman’s entitlement to carry a pregnancy to its full term, to give birth and subsequently raise children.      

Article 21 & Prisoner’s Rights

The protection of Article 21 is available even to convicts in jail. The convicts are not by mere reason of their conviction deprived of all their fundamental rights that they otherwise possess. Following the conviction of a convict is put into a jail he may be deprived of fundamental freedoms like the right to move freely throughout the territory of India. But a convict is entitled to the precious right guaranteed under Article 21 and he shall not be deprived of his life and personal liberty except by a procedure established by law.

Right to Free Legal Aid & Right to Appeal

The Supreme Court said while holding free legal aid as an integral part of fair procedure the Court explained that “ the two important ingredients of the right of appeal are; firstly, service of a copy of a judgement to the prisoner in time to enable him to file an appeal and secondly, provision of free legal service to the prisoner who is indigent or otherwise disabled from securing legal assistance. This right to free legal aid is the duty of the government and is an implicit aspect of Article 21 in ensuring fairness and reasonableness; this cannot be termed as government charity.

Right to speedy and Fair trial flowing from Article 21 encompasses all the stages, namely the stage of investigation, inquiry, appeal, revision and retrial.

Right to Bail – The Supreme Court held that right to bail was included in the personal liberty under Article 21 and its refusal would be deprivation of that liberty which could be authorised in accordance with the procedure established by law.

No right to Anticipatory Bail – Anticipatory bail is a statutory right and it does not arise out of Article 21. Anticipatory bail cannot be granted as a matter of right as it cannot be granted as a matter of right as it cannot be considered as an essential ingredient of Article 21.

During Emergency – The supreme court held that article 21 was the sole repository of the right to life and personal liberty and therefore, if the right to move any court for the enforcement of that right was suspended by the presidential order under article 359, the detune would have no locus standi to a writ petition for challenging the legality of his detention.

The remedy for the enforcement of the fundamental right guaranteed by article 21 would not be suspended under a presidential order. In view of the 44th amendment, 1978, the observation made in the above cited judgments are left merely of academic importance.

 

Right to Education

It recognized right to free education until the completion of 14 years as a Fundamental Right overruling its earlier judgement in 1992, which declared that there was a Fundamental Right to education to any level including professional education like medicine and engineering. The 86th Constitutional Amendment Act of 2002 inserted Article 21A for making only elementary education a Fundamental Right.

 

Importance of Right to Privacy
  • The right to personal liberty of human is unsubstantial without adequate protection for right to privacy.
  • The right to dignity of each individual as a human being is incomplete without the right to privacy and reputation.
  • The ability to make choices and decisions autonomously in society free of surrounding social pressure, including the right to vote, freedom of religion — all of these depend on the preservation of the “private sphere”.
  • The advent of modern tech tools has made the invasion of privacy easier and made cyber data more vulnerable to theft and misuse.

Recent Issues

National programmes like Aadhaar, NATGRID, CCTNS, RSYB, DNA profiling, reproductive rights of women, privileged communications and brain mapping  involve collection of personal data, including fingerprints, iris scans, bodily samples, and their storage in electronic form. The Law Commission has recently forwarded a Bill on Human DNA profiling. All this adds to the danger of data leakage.

The collection and use of personal data of citizens for Aadhaar — benefits the lives of millions of poor by giving them direct access to public benefits, subsidies, education, food, health and shelter, among other basic rights.

Both the government and service providers collect personal data like mobile phone numbers, bank details, addresses, date of birth, sexual identities, health records, ownership of property and taxes without providing safeguards from third parties.

The apprehension expressed by the Supreme Court about collection and use of data was the risk of personal information falling in the hands of private players and service providers. The Supreme Court had repeatedly asked the government whether it has plans to set up a “robust data protection mechanism”.

The government informed the Bench a committee of experts led by former Supreme Court judge, Justice B.N. Srikrishna, has already been constituted on July 31, 2017 to identify “key data protection issues” and suggest a draft data protection Bill.


The Present status of Right to Privacy

Right to Privacy does not find any mention in the Constitution. This right has been picked from Article 19 and 21 which deals with right to life and liberty. In the absence of clarity, it has been defined only by a string of judgements. As early as 1954, the supreme court observed in a ruling that right to privacy is not a recognised right listed under Article 19 of the Constitution.

The judgement finally reconcile Indian laws with the spirit of Article 12 of the Universal Declaration of Human Rights (1948) and Article 17 of the International Covenant on Civil and Political Rights (ICCPR), 1966, which legally protects persons against the arbitrary interference with one’s privacy, honour and reputation, family, home and correspondence.

Possible Positives of the verdict
  • This will ensure the dignity of the citizens.
  • It will impose restrictions on the government’s approach to encroach upon the private data of citizens.
  • It gives impetus to the Right to personal liberty, under Article 21 of the Constitution.
Possible Negative of the Court verdict
  • It can hinder the implementation of welfare schemes like Aadhar and Direct Benefits Transfer, which requires personal data of citizens, for better identification of marginalised sections and effective implementation by preventing leakages.
  • Right to Privacy will also restrict police and intelligence agencies to collect private information about accused and criminals.
Future Implications of the Supreme Court Judgement
  • Future of Aadhar – The judgment’s immediate impact will also be felt the most in the Aadhar project. This will significantly limits the stand that the union government will be able to take in support of the validity of the Aadhaar Act.
  • Homosexuality – The judgment also implicitly overrules the 2013 judgment of the Supreme Court that upheld the validity of IPC Section 377, which criminalises homosexuality. The verdict held that the sexual identity of the LGBT community is inherent in the right to life.
  • Right to Die – As an individual’s rights to refuse life prolonging medical treatment is another aspect that falls within the zone of the right of privacy, this revives the question of passive-euthanasia.
  • Data Protection – As India has no statute regarding privacy or data protection, concerns were raised by the court. It expressed hope that the government would undertake this exercise after a careful balancing of privacy concerns and legitimate state interests.
  • Beef & Alcohol consumption – the Supreme Court in the current judgment has held that the right to food of one’s choice is part of the right to privacy. It is therefore clear that the ‘privacy judgment’ will have a bearing on matters like consumption of beef and alcohol.
Issues with Aadhar card
  • Services Denied: Many instances occurred in which government and its agencies have been found insisting on producing Aadhar number as a precondition to avail public services.
  • Consent: No well- informed consent about the uses of the huge amount of private data of citizens being collected.
  • Exit Option: The absence of an exit option to get out of the UIDAI data base.
  • No Statutory backing: The UIDAI and the Aadhar project are still functioning on the basis of an executive action since it was set up. Any action of the government should be backed by a formal statute or legislation.
  • Lack of accountability: The UIDAI also lacks accountability to Parliament if there is a failure in the system and in cases of unfortunate consequence.
  • Private Players: There are many private players involved in the whole chain of registering for and generation of Aadhaar numbers before the database finally goes to the government-controlled Central Identities Data Repository (CIDR), which also raises doubts about the safety of citizen’s data.
Way Forward
  • Government should Strengthening cyber security system of the Aadhar and other programme dealing with large amount of citizens’ data.
  • It is imperative that the Union Government enact a privacy legislation that clearly defines the rights of citizens consistent with the promise of the Constitution. And also bringing out appropriate law against violation of right to privacy.
  • The government should factor in privacy risks and include procedures and systems to protect citizen information in any system of data collection.
  • It should create institutional mechanism such as Privacy Commissioner to prevent unauthorised disclosure of or access to such data.
  • Our national cyber cell should be strengthen to deal with any kind of cyber attack

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Brexit and it’s effect on India

brexit and it's effect on India Assam Exam

Brexit

The UK joined the European Communities on 1 January 1973, with membership confirmed by a referendum in 1975. In the 1970s and 1980s, withdrawal from the EC was advocated mainly by Labour Party and trade unions. From the 1990s, the main advocates of withdrawal were the newly founded UK Independence Party (UKIP) and an increasing number of Eurosceptic Conservatives.

 

European Union

European Union (EU) is an economic and political partnership involving 28 European countries. It began after World War Two to foster economic co-operation, with the idea that countries which trade together are more likely to avoid going to war with each other. Since then it has grown to become a “single market” allowing goods and people to move freely across the member states. It has its own currency, the euro, which is used by 19 of the member countries, its own parliament and it now set of laws in areas of environment, transport, consumer rights etc.

 

Why Britain leaving the European Union

The Leave Campaign argues that Britain is losing out a big deal by staying in the EU as it has to pay millions of pounds each week as a contribution to the European budget; the extremely bureaucratic nature of the European parliament is hurting British exporters; and finally, that unmitigated migration from the European Union into Britain is creating an imbalance in the welfare schemes of the UK government.
A referendum was held in Britain on 23rd June, 2016, to decide whether the UK should leave or remain in the European Union. 51.9% of the vote favoured to leave the union.

Brexit Process

For the UK to leave the EU it had to invoke Article 50 of the Lisbon Treaty which gives the two sides two years to agree the terms of the split. Prime Minister Theresa May triggered this process on 29 March 2017, meaning the UK is scheduled to leave on Friday, 29 March 2019.

Article 50 is a plan for any country that wishes to exit the EU. It was created as part of the Treaty of Lisbon – an agreement signed up to by all EU states which became law in 2009. Before that treaty, there was no formal mechanism for a country to leave the EU.

Article 50 says that any EU member state may decide to quit the EU, that it must notify the European Council and negotiate its withdrawal with the EU, that there are two years to reach an agreement – unless everyone agrees to extend it – and that the exiting state cannot take part in EU internal discussions about its departure.

 

Impacts of Brexit

Most of the countries across the world will be impacted to various degrees if the event of Brexit do materialise.

Here are some ways in which India will be affected

1. The uncertainty following Brexit: Britain have not mapped out the future course of action if Brexit indeed happens. There is no sound plan regarding Britain’s future relationship with the EU or any other specific country within the EU. As of now, questions about their extent of access to the European markets, trade barriers or any trade agreement, are left unanswered. And these uncertainties will hurt global financial markets. The pound will depreciate and markets across the world will fall and India is also no exception.

2. Investment: India is presently the second biggest source of FDI (Foreign Direct Investment) for Great Britain. For Indian business, UK proved to be a gateway into the rest of Europe and the event of Brexit, this will cause short-term distress to Indian firms. Further, if Britain is leaving the EU due to the latter’s complex bureaucratic regulatory structure, Indian companies can expect a deregulated and freer market in Britain, which is definitely good for Indian business. Britain may try extra hard to woo Indian companies by providing much bigger incentives in terms of tax breaks, lesser regulation and other financial incentives.

3. New Trade relation with the rest of EU partner: This will force India to forge strong trade ties with other countries within the EU to access it’s large market. Many Indian companies would need to relocate or create new set-up in other places of EU nations.

4. Opportunity for Indian Business: Due to Brexit, European goods will not be free flow the market of Britain as is the case now due to EU economic union. Indian business has a good opportunity to capture the market with own products.

5. Opportunity for Indian Workforce: With Britain cutting off ties with the EU, it will be desperate to find new trading partners and a source of capital and labour. Britain will need a steady inflow of talented labour, and India’s large English-speaking workforce may find it as a great opportunity.

6. Indian’s Foreign education Destination: Britain is one of the most important destinations for Indians who want to study abroad. With Brexit, Britain’s universities will be at will to accommodate more Indian students and provide scholarships for studying there. The depreciation of pound will also reduce travelling cost to the UK and will make it a economical travel destination.

7. As an important partner to European Union: Europe needs to counterbalance United States and China geopolitically and would also need to hedge against a slowing China for its economic interests. Europe would be looking at the fastest-growing major economy in the world and would need to quickly resolve the pending trade issues with India in order to develop a lasting relationship.

7. Automobile, Pharma and IT Sectors will be the most affected. Leading Indian IT firms have not commented on it as since there is a possibility of renegotiations for all the ongoing projects because of the devaluation in the value of pound. In the automobile industry, Brexit may lead to reduction in sales and companies that derive good revenues of profits from Britain could get hurt majorly.

India with the vast young workforce and it’s economy is growing fast, should use the current turmoil as an opportunity. At this point of time, it seems as if India will not loose much and may even gain more from the Brexit event.

 

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Demonetization: A Critical Evaluation

demonatisation analysis - Assam Exam

On November 8, 2016, Prime Minister Narendra Modi announced the 50-day long decision of demonetizing the Rs. 500 and Rs. 1000 notes in an attempt to curb black money, fake notes and to move toward cash-less or less-cash economy.

Demonetisation had a wide impact as it has affected the withdrawal of nearly 86% of the currency in circulation in India’s high currency using economy.  It has provided the invaluable service of giving mass awareness campaign against black money. Reduction of the informal economy was another achievement as cash transactions have to be made recorded.

It also helped to launch some related measures like Benami Transaction Prohibition Amendment Act, Aadhaar-PAN linkage, bank account opening, banning of high value physical transaction etc. Though a little bit of growth was sacrificed and a immediate damage to loss of the unorganized sector was occurred; it has helped to clean up the system.

The decision has become the talk of the nation in no time and the timing, motive and wisdom of the move became very much debatable. Irrespective of it’s success or failure, demonetisation have definitely leave a huge mark on the Indian economy and affects the Indian markets for in the recent times.

 

Intended Objectives

  • Curbing Black Money
  • Taking out fake currencies from circulation.
  • To get back the huge stock of currency in circulation
  • Promoting digital financial transactions
  • Reduce cash component in the economy
  • A check on funding to terrorist outfit, Naxalites and other disturbing elements of the society.
  • Few other ancillary and incidental objectives.

Actually achieved objectives

  • About 90% of old currency was deposited into the banks immediately after the demonatisation declaration. The government will directly earn a net profit of roughly 1.4 Lakh Crores.
  • The government now also has a track of money deposited by each individual into their respective bank accounts and thus, there can be substantial increase in the tax revenues earned by the government in the coming financial year as the people are expected to reveal an increased income to match their deposited amounts.
  • Huge amount of funds have been deposited into the bank. It means, these funds can be used at the discretion of banks to provide loans and credit facilities to business houses at cheaper rates.
  • The Income Tax Department is informed about suspicious deposition of huge amount money. It will be a huge source of revenue for the government and a huge blow to the black money hoarders.
  • Naxalites, terrorism activites slowed down. Hawala operations have taken a huge hit.
  • Demonetization has given a massive boost to the idea of cashless economy. More number of people have started making cashless transactions post demonetization.
  • Track of hitherto unaccounted cash
  • Stop illegal activities , at least for the time being
  • Increase Tax Revenue, lead to more govt expenditure cabapility

 

Negative effects of Demonetization

  • Most of the money has been deposited back into the banks which is a failure of the policy on it’ own.

  • Several cases of corruption from banking system came into light. It is believed that most of the big targets that were to be targeted might have exchanged the money by finding other means.
  • It is assumed that black money horded in cash is pretty low. Most of the black money has been converted into property, jewellery and other means. Therefore. Targeting only cash won’t suffice the main objective of fighting black money in any way.

  • The foreign as well as Indian Investors lacked faith in the Indian Market after demonetization. The Indian Stock markets saw a free fall, though temporary, after the event’s announcement.

  • Demonetization has largely affected the small scale industries and manual labour sector, which rely mostly on cash basis.
  • Due to huge cash crunch in the country due to limit on cash withdrawals, it has deeply impacted all the cash based businesses. The middle class businessmen are the most affected people.
  • Loss of man hours due to demonetization was immense since a lot of working days were skipped by many to deposit cash.


Demonetization was a good-willed move but collateral damages has been there and even now the GDP growth rate has plummeted to a record low. The good result of Demonetization will be felt gradually in near future.

 

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Right to Privacy : Basic Understanding

Right to Privacy Assam Exam

 

This Right to Privacy issue came to the fore mainly due to the Aadhar enrolment drive, which requires citizens personal information including bio-metric data like iris scanning and finger prints, which resulted in controversy regarding its potential to be mis-used. As Cyber space is a vulnerable space and very prone to theft and threat, so the cyber security issue is inbuilt. Aadhar lacks any statutory back up and is executed on an executive order, which also raises many doubts and the right of privacy is being sought to relieve people from this state-run initiative.

 

Right to Privacy

It refers to respecting and ensuring the privacy of the individual but it is not explicitly mentioned in the Constitution. The nine-judge Constitution Bench of the Supreme Court in a landmark unanimous decision has declared right to privacy a fundamental right will be protected as intrinsic part of Right to life and personal liberty under Article 21 of the constitution of India.

 

Importance of Right to Privacy
  • The right to personal liberty of human is unsubstantial without adequate protection for right to privacy.
  • The right to dignity of each individual as a human being is incomplete without the right to privacy and reputation.
  • The ability to make choices and decisions autonomously in society free of surrounding social pressure, including the right to vote, freedom of religion — all of these depend on the preservation of the “private sphere”.
  • The advent of modern tech tools has made the invasion of privacy easier and made cyber data more vulnerable to theft and misuse.

The present status of Right to Privacy

Right to Privacy does not find any mention in the Constitution. This right has been picked from Article 19 and 21 which deals with right to life and liberty. In the absence of clarity, it has been defined only by a string of judgements. As early as 1954, the apex court observed in a ruling that right to privacy is not a recognised right listed under Article 19 of the Constitution.

 
Some important judgements in regard to Right to Privacy
  • Kharak Singh vs. State of UP – Extending the dimension of ‘personal liberty,’ the apex court for the first time declared right to privacy to fall under the purview of Article 21 and defined the right of personal liberty in Art. 21 as a right of an individual to be free from restrictions or encroachments on his person.
  • Govind vs. State of MP – The SC held that right to privacy cannot be made an absolute right. Subject to reasonable restrictions, the right to privacy could be made valid.
  • Rajagopal vs. State of T.N – The court defined privacy as part of Article 21 and as a right to be let alone. A citizen has a right to safeguard the privacy of his own, his family, marriage, procreation, motherhood, childbearing and education among other matters. None can publish anything concerning the above matters without his consent whether truthful or otherwise and whether laudatory or critical.
  • Naz Foundation vs. Govt. of NCT Delhi – The top court cited Article 12 of the Universal Declaration of Human Rights and Article 17 of the International Covenant on Civil and Political Rights which define privacy as no arbitrary interference with home, family or honour and reputation.

 

The recent Supreme Court verdict

The apex court on August 28, 2017, ruled that right to privacy is an intrinsic part of Right to Life and Personal Liberty under Article 21 and entire Part III of the constitution. The court also had voiced concern over the possible misuse of personal information in the public domain.

It held that privacy is a natural & inherent right available to all humans and the constitutional recognition is only to make it explicit. But the court also clarified that it is not an absolute right.

Reasonable Restrictions – It is pertinent at this juncture to note that the judges have referred to the reasonable restrictions and limitations that privacy would be subject to. The verdict also elaborated that such restriction should be based on compelling state interest and on a fair procedure that is free from arbitrariness, selective targeting or profiling.

The judgement finally reconcile Indian laws with the spirit of Article 12 of the Universal Declaration of Human Rights (1948) and Article 17 of the International Covenant on Civil and Political Rights (ICCPR), 1966, which legally protects persons against the arbitrary interference with one’s privacy, honour and reputation, family, home and correspondence.

 

Possible Positives of the verdict
  • This will ensure the dignity of the citizens.
  • It will impose restrictions on the government’s approach to encroach upon the private data of citizens.
  • It gives impetus to the Right to personal liberty, under Article 21 of the Constitution.

Possible Negative of the Court verdict
  • It can hinder the implementation of welfare schemes like Aadhar and Direct Benefits Transfer, which requires personal data of citizens, for better identification of marginalised sections and effective implementation by preventing leakages.
  • Right to Privacy will also restrict police and intelligence agencies to collect private information about accused and criminals.
 
Future Implications of the Supreme Court Judgement
  • Future of Aadhar – The judgment’s immediate impact will also be felt the most in the Aadhar project. This will significantly limits the stand that the union government will be able to take in support of the validity of the Aadhaar Act.
  • Homosexuality – The judgment also implicitly overrules the 2013 judgment of the Supreme Court that upheld the validity of IPC Section 377, which criminalises homosexuality. The verdict held that the sexual identity of the LGBT community is inherent in the right to life.
  • Right to Die – As an individual’s rights to refuse life prolonging medical treatment is another aspect that falls within the zone of the right of privacy, this revives the question of passive-euthanasia.
  • Data Protection – As India has no statute regarding privacy or data protection, concerns were raised by the court. It expressed hope that the government would undertake this exercise after a careful balancing of privacy concerns and legitimate state interests.
  • Beef & Alcohol consumption – the Supreme Court in the current judgment has held that the right to food of one’s choice is part of the right to privacy. It is therefore clear that the ‘privacy judgment’ will have a bearing on matters like consumption of beef and alcohol.
 
Issues with Aadhar card
  • Services Denied: Many instances occurred in which government and its agencies have been found insisting on producing Aadhar number as a precondition to avail public services.
  • Consent: No well- informed consent about the uses of the huge amount of private data of citizens being collected.
  • Exit Option: The absence of an exit option to get out of the UIDAI data base.
  • No Statutory backing: The UIDAI and the Aadhar project are still functioning on the basis of an executive action since it was set up. Any action of the government should be backed by a formal statute or legislation.
  • Lack of accountability: The UIDAI also lacks accountability to Parliament if there is a failure in the system and in cases of unfortunate consequence.
  • Private Players: There are many private players involved in the whole chain of registering for and generation of Aadhaar numbers before the database finally goes to the government-controlled Central Identities Data Repository (CIDR), which also raises doubts about the safety of citizen’s data.

 

Way Forward
  • Government should Strengthening cyber security system of the Aadhar and other programme dealing with large amount of citizens’ data.
  • It is imperative that the Union Government enact a privacy legislation that clearly defines the rights of citizens consistent with the promise of the Constitution. And also bringing out appropriate law against violation of right to privacy.
  • The government should factor in privacy risks and include procedures and systems to protect citizen information in any system of data collection.
  • It should create institutional mechanism such as Privacy Commissioner to prevent unauthorised disclosure of or access to such data.
  • Our national cyber cell should be strengthen to deal with any kind of cyber attack
 
Conclusion

In the name of Right to Privacy outright stalling of Aadhar doesn’t fare well for social security programs of the government and also in its zeal to aggregate data in electronic form and target subsidies better, the government cannot ignore its responsibility to protect citizens from the perils of the cyber era. So, government initiative to use data for improving governance should be continued in tandem with protection of privacy of the citizens.

APSC Mains Test Series 2017 GS Paper - Assam Exam

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