Doubt Clearance Thread: UPSC 2021
"When in doubt, observe and ask questions. When certain, observe at length and ask many more questions."
Created this thread as a one stop solution for all members so that all the doubts wherein any conceptual clarification is required can be solved here.
Under writ jurisdiction book says it is original in the sense ......
sstarrr,
@sstarrrthanks I was confused as approaching SC for violation of FRs also comes under original jurisdiction but here only federal is written
If I’m not mistaken approaching SC for violation of FRs comes under writ jurisdiction. Original jurisdiction only covers cases of Centre v/s state(s), and state(s) v/s state(s) conflicts.
If I’m not mistaken approaching SC for violation of FRs comes under writ jurisdiction. Original jurisdiction only covers cases of Centre v/s state(s), and state(s) v/s state(s) conflicts.
Writs for enforcement of FRs are also under Original Jurisdiction, as someone can approach the SC in first instance and not by way of appeal. So Original, albeit not Exclusive as one can approach HC too.
Can states in India raise loans from outside India?Article 293 states the following:
Subject to the provisions of this article, the executive power of a State extends to borrowing within the territory of India upon the security of the Consolidated Fund of the State within such limits, if any, as may from time to time be fixed by the Legislature of such State by law and to the giving of guarantees within such limits, if any, as may be so fixed.
So the answer to your question would be that state governments can NOT raise loans outside India.
That being said, I think state governments can directly borrow from from bilateral financing agencies abroad for infrastructure projects with the central government providing a counter-guarantee. That is, if the state government fails to pay back the loan, the Centre would pay them back.
What if a state govt wants to borrow but not upon the security of consolidated fund of the state? Would such a limitation then apply? I don't think so.
The infrastructure example is regarding the state 'entities' and not the govt per se, i.e. state govt autonomous bodies or undertakings can borrow directly for infrastructure projects(otherwise they would have to depend on budgetary allocation or local borrowings). In this example too, guarantee is provided by state govt itself and counter guarantee by Central govt.
Then what would the state government provide as security? And in the infrastructure case, state entities can NOT borrow. It is the state government that borrows the money on behalf of the entity.
“The funding arrangements that bilateral agencies such as Japan International Cooperation Agency (JICA) provide, is either with State governments or central PSUs — State entities are not allowed,” said Finance Minister Arun Jaitley. “If any State entity needs funding for its projects, it has to approach the State government and any such funding would be included under the State’s borrowing limits set by the Fiscal Responsibility and Budget Management (FRBM law).”
I read about Kerala issuing Bonds (like masala bonds) in the international market - kerala infrastructure investments bonds in london stock exchnage. This is a external borrorwing, by kerala govt.
So, I think they can borrow, maybe with permission of the central govt if they have some outstanding loans with the centre.
There was a case in the SC claiming this was unconstitutional. I couldn't find out what happened to the case. The petitioner withdrew the petition once, but then filed again I think. I'm not too sure what the end result of this was.
More importantly, the CAG had also said this power was not provided in the Constitution since it violates Article 293 (1). So for the purposes of the exam, I think we should go with that the state govt. can NOT borrow from abroad upon the security of the Consolidated Fund of the State.
KIIFB borrowings have no legislative nod: CAG report - The Hindu
sstarrr,@necromancer @Villanelle thanks for clearing this up for me :)
Villanelle,necromancerCan states in India raise loans from outside India?Article 293 states the following:
Subject to the provisions of this article, the executive power of a State extends to borrowing within the territory of India upon the security of the Consolidated Fund of the State within such limits, if any, as may from time to time be fixed by the Legislature of such State by law and to the giving of guarantees within such limits, if any, as may be so fixed.
So the answer to your question would be that state governments can NOT raise loans outside India.
That being said, I think state governments can directly borrow from from bilateral financing agencies abroad for infrastructure projects with the central government providing a counter-guarantee. That is, if the state government fails to pay back the loan, the Centre would pay them back.
What if a state govt wants to borrow but not upon the security of consolidated fund of the state? Would such a limitation then apply? I don't think so.
The infrastructure example is regarding the state 'entities' and not the govt per se, i.e. state govt autonomous bodies or undertakings can borrow directly for infrastructure projects(otherwise they would have to depend on budgetary allocation or local borrowings). In this example too, guarantee is provided by state govt itself and counter guarantee by Central govt.
Then what would the state government provide as security? And in the infrastructure case, state entities can NOT borrow. It is the state government that borrows the money on behalf of the entity.
“The funding arrangements that bilateral agencies such as Japan International Cooperation Agency (JICA) provide, is either with State governments or central PSUs — State entities are not allowed,” said Finance Minister Arun Jaitley. “If any State entity needs funding for its projects, it has to approach the State government and any such funding would be included under the State’s borrowing limits set by the Fiscal Responsibility and Budget Management (FRBM law).”
I read about Kerala issuing Bonds (like masala bonds) in the international market - kerala infrastructure investments bonds in london stock exchnage. This is a external borrorwing, by kerala govt.
So, I think they can borrow, maybe with permission of the central govt if they have some outstanding loans with the centre.
There was a case in the SC claiming this was unconstitutional. I couldn't find out what happened to the case. The petitioner withdrew the petition once, but then filed again I think. I'm not too sure what the end result of this was.
More importantly, the CAG had also said this power was not provided in the Constitution since it violates Article 293 (1). So for the purposes of the exam, I think we should go with that the state govt. can NOT borrow from abroad upon the security of the Consolidated Fund of the State.
KIIFB borrowings have no legislative nod: CAG report - The Hindu
Yeah, Even I just read that its stuck due to all of this.
@Villanelle explained it nicely. Original means , not by the way of appeal, but directly you can approach. So for federal and the FR violations, SC can be approached directly, not by the way of appeal.
D503,Villanelle
This info is from Rajya Sabha website. It doesn't clarify wheather nominated RS members can become ministers or not but it says it has not happened till now.
This is a quora post which gives example of nominated members of lok Sabha who went on to become ministers.
This is The wire article related to Uddhav Thakrey case. It says nominated state council members are not prohibited legally to be ministers but ideally that shouldn't happen.
So to answer your question:-
At central level ONLY nominated members of Lok Sabha ( not RS) can become ministers.
At state level nominated members of both Councils and Assembly can become ministers.
Hey, taking all what you said into account, what I concluded is that actually nominated members of both houses can go on to become ministers, because Constitution or any another statute doesn’t specifically exclude them. 😅
The fact that no nominated members have been inducted into the Council til date, or the various reasons on why they are not par with elected members in all aspects - does not negate the fact that they are still perfectly eligible to become ministers.
thats what i thought too .. and people have to go via the by-polls method as is happening in Kolkata coz nomination aint for anyone/everyone right?
Breaker_Morant,If British parliament is supreme and Judiciary has no review powers what remedy do people have if parliament becomes dictatorial. Like if government passes any law that we feel is derogatory to constitution we go to courts. What do Britons do.
@sbhatiPFMS is type of MIS ?
I think it would be simply be an information repository.
Wikipedia defines MIS as “ A management information system is an information system used for decision-making, and for the coordination, control, analysis, and visualization of information in an organization.”
But this is too abstract for me. That is why I asked for some examples.
Can anyone explain what a management information system (MIS) is, with some real world examples?
MIS is something which generates information which supports management function and facilitates decision- making process.
Consider government as an Organization and vaccinating the citizens against covid to be the objective of this organisation to be achieved, COWIN portal can be considered as a MIS which generates various kinds of information like stock availability, numbers of jabs given, wastage of vaccine doses and likewise, all such information helping in management of the vaccination strategy as well as providing inputs to facilitate coordination among various agencies of the organisation ie the government involved in vaccination process, as well as providing inputs for future course of action/s based on real time scenarios and all of these above mentioned things finally contributing to the ultimate objective of the govt(org) that is to vaccinate the citizens.
dragon_rider,Can anyone explain what a management information system (MIS) is, with some real world examples?MIS is something which generates information which supports management function and facilitates decision- making process.
Consider government as an Organization and vaccinating the citizens against covid to be the objective of this organisation to be achieved, COWIN portal can be considered as a MIS which generates various kinds of information like stock availability, numbers of jabs given, wastage of vaccine doses and likewise, all such information helping in management of the vaccination strategy as well as providing inputs to facilitate coordination among various agencies of the organisation ie the government involved in vaccination process, as well as providing inputs for future course of action/s based on real time scenarios and all of these above mentioned things finally contributing to the ultimate objective of the govt(org) that is to vaccinate the citizens.
Okay I understand now. So in a way its the modern alternative of the file system. Rather than recording information on paper, you put it into a computer. This information can then be processed to generate useful insights which can help in management. Thanks!
To all those who are thru mains 2020,
How do u handle qns like "comment on need for simplification of disqualification of persons for corrupt practises under RPA Section 123."?
I can relate it to criminalization of politics which was in news for the entire year. But no specific points in std book/magazine. The most i found one line in a value added material that election petition is to be made in high court which investigates and finally prez has to pass order for disqualification.A very different material mentioned abt goswami committeethat had recommended power to eci to punish under section 123.
Exam hall me does one know such things or connect the points aka make it up?
What is to be covered for gs2 polity and governance other than Laxmikanth and news to handle this qn? [Altho I don't have the bandwidth to cover anything else 
. Still inquisitive.]
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