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 decit.
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 decit 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.
“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.