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Posted on 21 December, 2018, No Comments Comments admin
Why drag the Air Force into political debate?
The Congress Spokespersons are criticising the Chief of the Indian Air Force for having stated that the Air Force urgently needs the Rafale to improve its combat ability. It is the Indian Air Force and its Chief who are the most competent persons to comment on it. The Air Force was involved in the selection of Rafale when UPA was in power, as also when the NDA is in power. The aircraft with its weaponry is needed to maintain the combat ability of our forces. Having shortlisted, both in terms of its potential and costing, Rafale as the most appropriate aircraft with weaponry in 2012, the Congress leaders’ comments against it now lack credibility.
Additionally, by targeting the Chief of a Service in a political debate, the Congress Party has broken a long-standing unwritten rule of Indian politics. We keep our forces out of political discourse. Our military is a professional one and subject to a civilian authority. Unlike our western neighbour, it is non-political and non-partisan. We owe it to our armed forces the gratitude of having successfully defended this nation. After having ruled this country for decades, the grand old Party needs to mature.
No Snooping – It is National Security
Since morning an ill-informed campaign that Government has allowed snooping on computers and is violating the Right of Privacy has been carried out. The Congress Party has got into the habit of speaking out first and understanding the issue only subsequently.
The Information Technology Act has been in existence for almost two decades. Section 69 of the IT Act authorises a Central or a State Government in the interest of sovereignty, integrity and defence of India, security of State etc. (The Article 19(2) Conditions as mentioned in the Constitution) to direct a notified agency to intercept or monitor or decrypt an information stored in a computer resource. This provision is similar to the power contained in the Telegraph Act in relation to telephones. The UPA Government had laid down a detailed procedure for this in the Information Technology (Procedure and Safeguards for Interception, Monitoring and Decryption of Information) Rules, 2009. Rule 4 authorises the competent authority to name the agencies which can undertake this exercise. There are safeguards, as prescribed by the Supreme Court, which are included in the rules. An interception or monitoring is only authorised under an specific approval of the Home Secretary. It can only be in cases which deal with the purposes mentioned in Section 69 of the Act. These are restrictions on which free speech can be curtailed under Article 19(2) of the Constitution. These rules have been framed in 2009 by the UPA Government. The rules required authorised agencies to be notified. In the absence of this authorisation, any police officer may start exercising the power. In fact, during UPA-II in a detailed debate in Parliament relating to a corporate lobbyist, the then Home Minister Shri P. Chidambaram strongly defended this power of interception being given to taxation authorities.
But the Congress talks first and thinks later. There is no general snooping order. The power to intercept in the interest of national security and public order already exists in law. This is only an order as to who are the authorised agencies. It is only in cases mentioned in Section 69 of the IT Act. The power existed and was used during the UPA Government also. How else will terrorists who use technology extensively be traced? Otherwise, the terrorists will use IT, but the intelligence and investigative agencies will be crippled.
Posted on 16 December, 2018, No Comments Comments admin
All the lies spoken on the Rafale deal have been exposed. The Supreme Court judgement is clear. Every word said against the Government has proved to be false. Every “fact” stated by the vested interests against the deal has proved to be manufactured. Truth has once again established its primacy. The creators of falsehood will still persist with falsehood even at the cost of their own credibility. Only their captive constituencies will clap.
The credentials of the disruptors
Rafale is a combat aircraft with its weaponry required to improve the strike ability of the Indian Airforce. India is geographically located in a sensitive region. It needs to protect itself. The need for such a weapon cannot be overstated. When such defence equipments are purchased obviously some suppliers loose out. The suppliers are clever people. They understand who the “vulnerables” in India are.
As a political opponent Rahul Gandhi’s opposition to the deal was a desperate attempt. It was the UPA Government which had shortlisted the Rafale as it was technically the best and the cheapest. PM Modi in an Inter- Governmental agreement struck a deal with the French Government to further improve the terms and conditions including the prices on which the UPA had agreed.
Rahul’s opposition was obviously for three reasons :-
Firstly, he could not tolerate the fact that PM Modi has run the cleanest ever Government in recent Indian history. It is a scam-free Government where middlemen and scamsters had to take refuge outside the country.
Secondly, Rahul Gandhi has the burden of a stigmatised legacy which was tainted by Bofors. He was desperate trying to bring an ‘immoral equivalence’ between Rafale and Bofors. But Rafale did not have middlemen, no kickbacks and obviously no Ottavio Quattrocchi.
Thirdly, with international cooperation and Governmental cooperation, scamsters of the UPA Government are now being extradited into India. There is obviously a scare of who will talk how much.
Rahul Gandhi got instant support from the “career nationalists” of Lutyens Delhi. The permanent PIL petitioners have always preferred disruptions over concerns of national security. They are willing to cooperate with any one who hurts India. A new job creation has taken place in Delhi with the “loud mouths on hire” and “subject experts” notwithstanding their conflict of interest. The disruptionists alliance was, therefore, quite wide.
The lies that were spoken
The fundamental truth that Rafale was a choice both for quality and price by the UPA was forgotten.
The first lie was that only one man – the Prime Minister decided the transaction and that no discussion with the Air Force, Defence Ministry or the Defence Acquisition Council was held. It was alleged that there was no Price Negotiation Committee, no Contract Negotiation Committee and no approval of the Cabinet Committee on Security. Every fact was false. There were dozens of meetings of Contract Negotiation Committee and Price Negotiation Committee. The bulk of the negotiations were done by the experts of the Air Force and the transaction was cleared by both the Defence Acquisition Council and the Cabinet Committee on Security.
The judgement of the Supreme Court notes with satisfaction that procedural compliances have been done and the charges on the same are misconceived.
The second major lie was that as against 500 Million Euros negotiated by the UPA, the NDA paid 1600 Million Euros per aircraft. This accusation was ‘fiction writing’ and a poor one at that. The Government submitted a sealed cover before the Supreme Court giving details in a comparative chart of the UPA era pricing and the present pricing. It showed that for the first aircraft, Government negotiated a 9% cheaper deal for a bare aircraft and 20% cheaper for a weaponised aircraft compared to the UPA. Since the UPA had negotiated the supply of 18 aircrafts, this gain of 9% and 20% would have further expanded with the supply of aircrafts after the first one since a more favourable escalation clause negotiated by the NDA Government would have further widened the price gap. The Court looked into the prices and never commented adversely on the same.
The third major lie that the judgement of the Court expressed was that the Government of India favoured a particular business house. The Court noticed that the Government has nothing to do with the choice of the offset suppliers which was entirely done by Dassault.
After the Court judgement, this debate should have come to an end. But neither lobbyists nor political opponents will ever give up their brief.
The misconceived demand for a Joint Parliamentary Committee (JPC)
The opponents of Rafale had a choice of their forum to put their facts, they chose Supreme Court as their forum.
The Court conducts a judicial review, it is a non-partisan, independent and a fair Constitutional authority. The Court’s verdict is final. It can’t be reviewed by anyone except by the Court itself. How can a Parliamentary Committee go into the correctness or otherwise to what the Court has said. Is a Committee of Politicians both legally and in terms of human resources capable of reviewing issues already decided by the Supreme Court? On areas such as procedure, offset suppliers and pricing, can a Parliamentary Committee take a different view of what the Court has said? Can the contract be breached, nation’s security be compromised and the pricing data be made available to Parliament / its Committee so that national interest is severely compromised with? This would be putting the price details of the weaponry in public domain. What was the experience of Joint Parliamentary Committee (JPC) on the only occasion when they investigated a defence transaction?
The B. Shankaranand Committee in 1987-88 went into the Bofors transaction. Since Parliamentarians are always split on party lines, it came out with a finding that no kickbacks were paid and the monies paid to the middlemen were ‘winding up’ charges. At that time only Win Chaddha appeared to be a middlemen. But then others including Ottavio Quattrocchi, whose bank accounts got detected subsequently, were not entitled to any winding up charges. The reports / documents published by Chitra Subramanium and N. Ram in ‘The Hindu’ and all subsequent facts which came to light conclusively established each fact mentioned in the JPC to be factually false. It became a cover up exercise. After the Supreme Court has spoken the last word, it gets legitimacy. A political body can never come to a finding contrary to what the Court has said.
The CAG ambiguity
Defence transactions go to the CAG for an audit review. CAG recommendations go to Parliament and are referred to the Public Accounts Committee (PAC) whose reports are then placed before the Parliament. This was factually and accurately stated by the Government before the Court. The audit review of Rafale is pending before the CAG. All facts are shared with it. When its report is out, it will go to the PAC. Notwithstanding this factually correct statement made, if an ambiguity has emerged in the Court Order, the correct course is for anyone to apply / mention before the Court and have it corrected. The past practice is that if in a factual narration anything needs to be corrected, any litigant can move to the Court for the same. This has been done. It must now be left to the wisdom of the Court to state at which stage the CAG review is pending. The CAG review is not relevant to the final findings on procedure, pricing and offset suppliers. But bad losers never accept the truth. Having failed in multiple lies they have now started an innuendo about the Judgement. Having failed in their initial falsehood, the Congress is now manufacturing further lies about the Judgement.
I am certain that the Congress Party will prefer disruptions over discussion on Rafale during the current session of Parliament. On facts it lied. The judgement of the Supreme Court conclusively establishes the Congress Party’s vulnerabilities in a discussion on defence transactions. It will be a great opportunity to remind the nation of the legacy of the Congress Party and its defence acquisitions – a great opportunity indeed for some of us to speak.
Posted on 04 December, 2018, No Comments Comments admin
A comparative study of the performance of the UPA and NDA Governments
Last week multiple farmer organisations, predominantly owing affiliation to several opposition parties and ultra-left fronts organised a protest march in Delhi. They were concerned with the rural distress. They accused the Government of ignoring rural India and the agricultural sector.
WHAT ARE THE FACTS
The Narendra Modi Government assumed office on 26th May, 2014. Stress in the agricultural sector was not born thereafter. It was inadequacy of the resources pumped into the agricultural sector by the Congress that had led to both an agrarian distress and an inadequate quality of life in the rural areas. The NDA Government planned a multi-pronged strategy to improve the quality of life in Indian villages, to enlarge quantum of investment and to make the Indian farmer self-sufficient and farming remunerative rather than be only dependent on State agencies.
VILLAGE INFRASTRUCTURE
The roads in the rural areas on which depends the access of farmers who bring their produce to market but also connect rural population to the cities. Before Prime Minister Modi assumed office, 3.8 lakh kms. of regular roads existed in the first 67 years after India’s independence. As of November, 2018, this figure has already touched 5.7 lakh kms. of roads. In the past four and a half years, close to 1.9 lakh kms. of roads have been built in India’s rural areas. The investment in rural roads has increased three fold. Very soon we will be close to the destination of connecting every village with a pucca road.
There are 17.47 crore rural households in India. As of 2013-14 only about 70% had been electrified in the first 67 years of India’s independence. Today as of November, 2018, 16.53 Crore households (95%) have already been electrified and over the next few weeks rural electrification programme would be completed.
As far as rural housing is concerned, during the UPA’s final year, about 10 lakh houses were built in a year for the poor in the rural areas. This figure has increased four and a half times and now about 45 lakh houses are being constructed. The Awas Yojana in rural areas has been an unprecedented success. By 2022 every rural Indian will live in a regular house.
As of 2nd October, 2014, 38.7% of the rural households had a sanitation coverage. This was when the PM announced the Swachcha Bharat Yojana. As of November, 2018, rural sanitation has moved to 96.72%.
As of 21st November, 2018, 33.3 Crore Jan Dhan Accounts have been opened, virtually linking every person to the banking system in India.
In 2017, the Ujjwala Yojana to provide cooking gas connection to poor households was launched. In just over one and a half years, 5.8 crore households have already been provided with cooking gas connections. This figure is likely to touch 8 crore by 31/03/2019.
Thirteen crore households have been given the benefit of Mudra Loans. 54% of the recipients are women.
For Healthcare of India’s poor, more particularly, rural poor who had for 67 years after Independence inadequate medical facilities available, the 10 crore of the poorest households in India (40% of India’s population) would get the benefit of Ayushman Bharat where the treatment of family in hospital for specified diseases upto Rs. 5 lakh per year would be at the cost of the Government scheme. For the last two months since the scheme has been in operation, about 3.8 lakh number of people have got the advantage of this.
ON FARMER INCOME
To increase the productivity of the farmers and to enhance their income, the Government has already increased its expenditure on animal husbandry, dairy and fisheries. There has been increased investment in agricultural research and education. Investment in irrigation has substantially increased. To help the poorest, under the Rural Job Employment Scheme this year close to Rs. 60,000 crore, if not more, would be spent on MGNREGA. This is almost twice the amount spent by the UPA Government. For the poorest including rural poor, Rs. 1.6 lakh crore has been set aside for food subsidy. The MSP has already been increased on several specified products to ensure cost plus 50%. The amount sanctioned for interest subvention has been doubled. Last year (2017-18) a phenomenal amount of Rs. 3,96,831 crore was spent on the poor and rural areas. This year the expenditure is likely to be around Rs.4,38,741 crore. UPA had spent Rs. 2,41,602 crore in its last year.
Removing the agrarian distress and improving the quality of life in rural areas cannot be done by slogans alone. From 1971 onwards, the Congress policy was slogans and not resources. The NDA has pumped in resources into the rural areas. These resources have improved our infrastructure, are improving the quality of life of people living therein, have increased agricultural productivity and are intended to give a remunerative price to the farmers. The past four and half years is just the beginning. If this level of investment with its annual increase is continued in the rural areas for at least the next two decades, we will be close to providing a quality of life and infrastructure in rural areas which is more urban like.
Posted on 29 November, 2018, No Comments Comments admin
The CSO, in the year 2015, changed the way of calculating Gross Domestic Product (GDP). GDP growth rate estimates were revised from the year 2012-13 onwards with 2011-12 being the base year. Since then, every quarter and annually, GDP data is released on that basis. The immediate impact of the revision based on the new GDP series was on the last two years of the UPA Government. For the year 2012-13 the growth rate was revised from 4.7% to 5.1% and later again to 5.5%. Similarly, for 2013-14 the GDP growth rate was revised from 5% to 6.9% and later revised to 6.4%.
WHAT DID THE UPA SAY IN 2015
Once the new GDP estimates were given, my predecessor Shri P. Chidambaram publically welcomed the new series. He said “the new data successfully establishes the fact that UPA succeeded to revive the economy. The revised GDP data will end misconceived charges that UPA mismanaged the economy” (3rd February, 2015).
THE BASIS OF NEW SERIES
The new series is more broad-based and is a better reflection of the Indian economy. It is globally more comparable. Most experts, including those who have headed the CSO, have opined that this better represents the real state of the Indian economy. Obviously, when the new series is in place, it has to be used as a basis for backward revision. So what was revised from the year 2011-12 onwards is now being revised from 2004-05. Consequently, the same basis which improved the growth estimate in the last two years of the UPA Government somewhat downgraded it in the earlier years. Those who took after the new series in 2015 now consider the new series to be a “hatched job” and a “bad joke”. What humours some when data shows an upward trend depresses them if it moves in the reverse direction.
THE CONGRESS PARTY
The Congress Party’s reaction is given by those who perhaps have a nodding acquaintance with the subject. Data based on facts and on the best global practices is rejected by the Party because it takes away the last of its surviving arguments “my GDP growth was higher than yours”.
The CSO under various Governments has always functioned objectively. It maintains an arms length distance from the Finance Ministry. North Block becomes aware of the final figures only when they are released. It is an organisation that has global credibility. No one in India has ever imputed motives to the CSO. The sooner the Congress Party realises that its policy paralysis pushed India into the Fragile 5, the better it will be for the Party and its leadership.
Posted on 27 November, 2018, No Comments Comments admin
The debate whether India should be a dynastic democracy has been ignited by a self-goal of the Congress Party. The Prime Minister’s mother’s age was made a subject matter of the electoral debate. His father’s anonymity was commented upon as an inadequate credential of the Prime Minister. The argument given was that if you represent the legacy of a well-known family, it is a political point in your favour. Millions of talented political workers who come from modest family backgrounds would fail by the Congress test of leadership. Merit, talent, ability to inspire and lead would not be a virtue. The Congress considers only a great surname as a political brand.
On hearing this rationale, I asked a few well informed friends of mine three questions:
- What is the name of Gandhiji’s father?
- What is the name of Sardar Patel’s father?
- What is the name of Sardar Patel’s wife?
None of my well informed friends had a definitive answer. This is the tragedy of Congress politics and its impact on the nation. Gandhiji led the most extraordinary freedom movement of India. He created, through political awareness, Satyagraha and non-violence, an environment where British found it impossible to continue in India. Sardar Patel’s contribution was second to none. Besides being a frontline leader of the freedom movement, he, as the Deputy Prime Minister and Home Minister of India, negotiated the transfer of power with the British. He negotiated the integration of India with over 550 rulers. He gave to India, within a short period of few months, its present geography. Incidentally, Gandhiji’s father was Karamchand Uttamchand Gandhi, Sardar Patel’s father was Jhaverbhai Patel and his wife’s name was Diwali Ba. No photograph of his wife or her details are available even after extensive research by modern day historians.
The Officially Glamorised Family
The reason for this is simple. Decades of Congress rule, naming colonies, localities, cities, bridges, airports, railway stations, schools, colleges, universities, stadiums after one family was intended to declare the ‘Gandhis’ as India’s royalty. They were ‘officially glamorised’ as the blue blooded family of India. The others did not matter. In fact, upon Sardar Patel’s death in Mumbai, Prime Minister Nehru requested many of his cabinet colleagues that the best tribute to the Sardar would be to work on the day of his funeral and not go to Mumbai. The then Head of State and several Union Ministers defied the advice. The proposal for building his statue at Vijay Chowk was rejected. The country had to be satisfied with the installation of his statue at a traffic round-about on Parliament Street.
Many believe that Sardar Patel was a farmer leader because of his participation in Bardoli Satyagraha. On the contrary, he was one of Ahmedabad’s most successful practicing Barristers. Panditji is passed off as a great lawyer though he never argued a single case in his entire career. He only went to court once for reasons of tokenism to sit behind senior lawyers led by Bholabhai Desai who was arguing for the three INA officers in the mutiny trial inside the Red Fort.
The danger of Glamorising at the Cost of Others
The dangers of officially glamorising one family at the cost of those who made a far greater contribution is dangerous both for the nation as also for the party to which they belong. The contribution of other great stalwarts like Patel and Subhash Chandra Bose is downplayed. Members of one family are projected as larger than life. Their aberrations become national aberrations. The party adopts them as its ideology. When Panditji promoted his daughter as his successor, he laid the foundation of India as a dynastic democracy. When the daughter, in 1975, turned dictatorial, it became the party’s ideology to convert India into a “disciplined democracy”. When the Sikh were massacred in 1984, communal polarisation against them was considered a legitimate electoral strategy. Today anti-BJPsm leads the Congress to a situation where it can tie up even with its political rivals and sympathise with the Maoists, separatists and disruptionists.
The country pays a price for dynastic policies as we have witnessed in several regions. Three families – two of them in Srinagar and one in New Delhi in the last 71 years, have played with the destiny of Jammu and Kashmir. The consequences are obvious. Following the dynastic pattern of leadership within the Congress, several other parties have followed the same principle. In such organisations there is no inner party democracy, there are no ideological principles. There is a complete flexibility to switch sides and align with your erstwhile political opponents. In Andhra Pradesh, NTR filled up the political vacuum and created an alternative to the Congress. Gradually the party went into a control of the present Chief Minister who is willing to switch sides in every general election. There is no second line of leadership and the option offered is of “a coalition of rivals”.
The political parties in question also pay a price. The only leaders who have a political future are the ones which are acceptable to the leaders of the dynastic parties. You fall foul of the family, you are thrown out of the party or marginalised. Talent has no space. Merit is no virtue. Organisational structure need not exist. The charisma of the family alone is the party’s vote bank. The crowd around the family is the cadre.
The Weakness of the Dynastic Parties
This model, however, has one significant weakness. Strength of the party is co-existent with the strength of the current generation of the dynasty. If he is found to be non-inspirational or inadequate in leadership, the party has to throw all its eggs in an incomplete basket. The basket may be worth only 44 Lok Sabha seats, at times slightly less; at times slightly more. The ill-informed reactions of the leader become the new ideology. The silver lining, however, is that India is changing. It has very large middle class and very strong aspirational class aspiring to get into the middle classes. This aspirational India judges parties and leaders very harshly. They don’t accept whoever is imposed. They ask difficult and penetrating questions and their yardstick is very tough. They look for leaders of integrity, they look for men and women who can inspire them, who are decisive and can lead the nation. To them surnames don’t matter – competence and capacity does.
The Challenge of 2019
The real strength of Indian democracy would be when the charismas of some families is completely shattered and parties, through a democratic process, throw up leaders of merit and competence. This was more than adequately proved in 2014 where most dynastic parties lost miserably. India of 2019 is different from India of 1971. If the Congress Party wants the 2019 elections to be between Prime Minister Modi, who is the son of lesser known parents and someone who is known only for his parentage rather than capacity, merit and competence, the BJP would gladly accept the challenge. Let this be the agenda for 2019.
Posted on 21 November, 2018, No Comments Comments admin
A Delhi Court has awarded two accused in the 1984 Sikh Massacre case to Death penalty and life imprisonment. This gives us an opportunity to look back at the legacy of 1984.
1984 is one of the most remembered years in recent history. That year will always be known as amongst the worst for Indian governance. The year started with the Prime Minister’s Office actively conspiring to destabilise the National Conference Government in the sensitive State of Jammu & Kashmir. An alternate Government headed by Shri Gul Mohammad Shah, who was the estranged brother in law of Dr. Farooq Abdullah proved to be disastrous. The manipulative politics of the Prime Minister’s Office and the Congress Party was being experimented in a sensitive State. Needless to say, it proved to be catastrophic for the State.
OPERATION BLUESTAR
Anticipating elections towards the end of 1984, the Congress Party Government allowed the militancy in Punjab to go unchecked. It wanted to strike on election eve. The terrorist built up within the Golden Temple went unchecked. Those, whom the Congress had created to counter the Sikh influence of Akali Dal had gone out of control. The Operation Bluestar proved to be a historic blunder. It was poorly planned and terribly executed. There were no intelligence inputs with regard to the number of militants and their ammunition that they had collected within. Many innocents got killed in the process. But the biggest damage was both to the highly revered Sri Harminder Sahib, The Akal Takht and to the Sikh psyche. Bluestar succeeded in hurting the psyche of India’s most patriotic community. A myopic Government did not consider the political cost of this move.
OCTOBER – NOVEMBER, 1984
The direct fallout of the disastrous operation in June, 1984 at the Golden Temple was the assassination of the Prime Minister. This was one of the most unfortunate and condemnable acts in Indian history. It also indicated a failure of governance. The fallout of this was not anticipated. It proved to be catastrophic. The Congressmen led groups of mourners and protesters shouting “Khoon Ka Badla Khoon”. This provocative slogan was shown in television on Doordarshan continuously in round-the-clock telecast. Anti-Sikh violence started in several parts of the country. Delhi was the worst affected. Congressmen led violent mobs. The Police colluded with them. It did not fire, lathi charge or even teargas the mobs. The rioters were given a free hand to kill and loot. Places of worship of the Sikh community were damaged. Sikh houses were burnt. Their trade establishments were looted. Thousands of innocents, men, women and children were burnt, were mutilated. The Police did not even register the First Information Reports.
THE AFTERMATH
The Congress Government tried to misrepresent facts. Civil Liberty Organisations brought a detailed report on the extent of mob violence and injustice. The Report was banned. The Courts refused to lift the ban. A Judicial Commission headed by Justice Rangnath Mishra gave a clean chit to the Government to the extent that there was no collusion or failure of the Government. Post his retirement from the Supreme Court, the Judge first became the Chairman of the National Human Rights Commission and subsequently a Congress Member of the Rajya Sabha. The victims and the community were crying for justice. Those Congressmen who led the mobs were made Members of Parliament and even Ministers. There were no arrests, no prosecutions and no convictions. The Civilised Indians and the Sikh Community developed serious doubts about our capacity to deliver Justice. It was only stray cases in which justice could be secured.
THE ROLE OF THE TWO NDA GOVERNMENTS
The First NDA Government led by Shri Atal Bihar Vajpayee appointed the Justice G.T. Nanavati Commission of Enquiry. The Commission prepared an excellent Report giving details, Police-station wise, where the accused were prima facie guilty of crimes and the status of each case. It recommended action. Some people were prosecuted as a result of these cases. In two to three decades even evidence starts disappearing and evaporating. Many witnesses had died. Some shifted out of the country. It was again Shri Narendra Modi Government which in 2015 appointed a Special Investigative Team (SIT) headed by Justice G.P. Mathur, a retired Judge of the Supreme Court. The SIT detected a large number of cases where the accused were prima facie guilty but even charge sheets have not been filed. The case in which Delhi Court yesterday has convicted two people, sentencing one of them to death was prosecuted after decades by this SIT. Subsequently, this SIT got subsumed in another SIT headed by Justice S.N. Dhingra, a retired High Court Judge. The subsequent SIT was appointed by the Supreme Court.
Yesterday justice has been done in one case where two accused have been punished, one with life sentence and the other with death sentence. There are thousands of such cases which required a similar punishment in 1980s itself. The period from 1984 to 1998 was one of cover-up where all cases were buried – as though, the 1984 genocide had not happened. The two NDA Governments led by Shri Vajpayee and Shri Modi in which the Akali Dal led by Shri Prakash Singh Badal has been an important constituent made significant efforts to investigate the cases where evidence was still available. Success has been achieved in one case. The Indian society and particularly the Sikh community wants a closure of the horrible memories of 1984. We owe to the victims that the other cases suggested by the SIT for investigation and prosecution be vigorously pursued. The same is being done. Such convictions in those residual cases will be a small consolation.
1984 की विरासत
दिल्ली की एक अदालत ने 1984 के सिख नरसंहार मामले में दो आरोपियों को मृत्युदंड और उम्र कैद की सजा सुनाई है। इसी बहाने हमें 1984 की विरासत की तरफ देखने का मौका मिलता है।
हाल के इतिहास में 1984 सबसे अधिक याद रखा जाने वाला वर्ष है। इस वर्ष को हमेशा भारतीय शासन के सबसे खराब दौर के रूप में याद किया जाएगा। उस वर्ष की शुरुआत प्रधानमंत्री कार्यालय द्वारा सक्रिय रूप से जम्मू-कश्मीर जैसे संवेदनशील राज्य की नेशनल कॉन्फ्रेस सरकार को अस्थिर करने की साजिश रचने के साथ हुई थी। जम्मू-कश्मीर में डॉ. फारुख अब्दुल्ला के बहनोई श्री गुल मोहम्मद शाह के अगुआई वाली वैकल्पिक सरकार राज्य के लिए विनाशकारी साबित हुई। प्रधानमंत्री कार्यालय और कांग्रेस पार्टी की षड़यंत्रकारी राजनीति का प्रयोग एक संवेदनशील राज्य में किया जा रहा था। कहने की जरूरत नहीं है, यह राज्य के लिए विनाशकारी साबित हुआ।
ऑपरेशन ब्लूस्टार
1984 के अंत में चुनावों को देखते हुए, कांग्रेस पार्टी की सरकार ने पंजाब में आतंकवाद को बिना किसी रुकावट के बढ़ने दिया। कांग्रेस सरकार चुनाव के ठीक पहले इसे रोकने की कार्रवाई करना चाहती थी। स्वर्ण मंदिर के अंदर आतंकवादियों का जमवाड़ा बिना रुके बढ़ता गया। कांग्रेस ने अकाली दल के प्रभाव को चुनौती देने के लिए जिनको खड़ा किया था, वही इसके नियंत्रण से बाहर हो गए। ऑपरेशन ब्लूस्टार एक ऐतिहासिक भूल साबित हुई। इसकी योजना बनाने से लेकर क्रियान्यवयन तक बहुत ही लचर रवैया अपनाया गया था। स्वर्ण मंदिर के अंदर कितने आतंकवादी हैं और उनके पास कितना गोला बारुद है, इसकी कोई खुफिया जानकारी नहीं थी। इस पूरे ऑपरेशन में कई बेकसूर लोग मारे गए। लेकिन इसमें सम्मानित श्री हरमिंदर साहिब, अकाल तख्त और सिख मानसिकता को सबसे बड़ा नुकसान पहुंचा था। ऑपरेशन ब्लूस्टार भारत के देशभक्त सिख समुदाय की मानसिकता को चोट पहुंचाने वाला साबित हुआ। एक अदूरदर्शी सरकार अपने इस कदम के राजनीतिक नुकसान का आकलन नहीं कर पाई।
अक्टूबर – नवंबर, 1984
जून 1984 में स्वर्ण मंदिर में हुए उस विनाशकारी ऑपरेशन की परणीति प्रधानमंत्री की हत्या के रूप में सामने आई। यह भारत के इतिहास का सबसे दुर्भाग्यपूर्ण और निदंनीय कृत्य था। इसने शासन की विफलता का भी संदेश दिया। ऐसे नतीजे का किसी को भी अंदाजा नहीं था। यह विनाशकारी साबित हुआ। कांग्रेस के लोग शोक में डूबे और गुस्से से भरे ऐसे प्रदर्शनकारियों के समूहों का नेतृत्व कर रहे थे, जो “खून का बदला खून” चिल्ला रहे थे। ऐसे भड़काऊ नारों का देश के दूर-दराज के इलाकों में दूरदर्शन के जरिए लगातार प्रसारण हो रहा था। इससे देश के कई हिस्सों में सिख विरोधी हिंसा शुरू हो गई। दिल्ली इस हिंसा से सबसे ज्यादा प्रभावित थी। कांग्रेस के लोग हिंसक भीड़ का नेतृत्व कर रहे थे। पुलिस भी उनके साथ मिली हुई थी। पुलिस ने हिंसक भीड़ को रोकने के लिए ना ही गोली चलाई, ना लाठी चार्ज किया और ना ही आंसू गैस के गोले छोड़े। दंगाईयों को हत्या करने और लूट मचाने की पूरी छूट दे गई थी। सिख समुदाय के पूजा स्थलों, गुरुद्वारों को नुकसान पहुंचाया गया। सिखों के घर जला दिए गए। उनकी दुकानों को लूट लिया गया। हजारों बेगुनाह सिख पुरुष, महिलाओं और बच्चों को जिंदा जला दिया गया, उन्हें किसी लायक नहीं छोड़ा गया। पुलिस ने एफआईआर तक दर्ज नहीं की थी।
परिणाम
कांग्रेस सरकार ने तथ्यों को तोड़ने-मरोड़ने का प्रयास किया। नागरिक सवतंत्रता संगठनों ने बड़े पैमाने पर भीड़ द्वारा जो हिंसा और अन्याय किया गया था, उसको लेकर एक विस्तृत रिपोर्ट तैयार की। इस रिपोर्ट पर प्रतिबंध लगा दिया गया। न्यायालयों ने प्रतिबंध हटाने से इनकार कर दिया। जस्टिस रंगनाथ मिश्रा की अगुआई वाले न्यायिक आयोग ने सरकार को क्लीन चिट दे दी और यहां तक कहा कि इस सब में सरकार की कोई मिलीभगत या विफलता नहीं थी। सुप्रीम कोर्ट से रिटायर होने के बाद यह न्यायाधीश पहले राष्ट्रीय मानवाधिकार आयोग के अध्यक्ष बने और बाद में कांग्रेस की तरफ से राज्यसभा सदस्य बने। सिख समुदाय और पीड़ित लोग न्याय की गुहार लगा रहे थे। जिन कांग्रेसियों ने भीड़ का नेतृत्व किया था, उन्हें सांसद और मंत्री तक बनाया गया। न कोई गिरफ्तारियां हुईं, न कोई मुकदमे चले और न सजाएं हुईं। भारत के नागरिकों और सिख समुदाय के मन में न्याय देने की हमारी क्षमता को लेकर गंभीर संदेह पैदा हो गया। ऐसे छिटपुट मामले ही थे, जिनमें न्याय मिल सका था।
एनडीए की दो सरकारों की भूमिका
श्री अटल बिहारी वाजपेयी के नेतृत्व वाली पहली एनडीए सरकार ने जस्टिस जीटी नानावती जांच आयोग का गठन किया। आयोग ने एक बेहतरीन रिपोर्ट प्रस्तुत की, जिसमें प्रत्येक पुलिस थाने से जुड़े अपराध की स्थिति और ऐसे अपराधियों का विवरण दिया गया जो प्रथम दृष्ट्या दोषी थे। नानावती आयोग ने अपराधियों के खिलाफ कार्रवाई किए जाने की अनुशंसा की। इन मामलों के परिणामस्वरूप कुछ लोगों पर मुकदमा चलाया गया। दो से तीन दशकों में सबूत गायब हो जाते हैं और केस भी कमजोर हो जाते हैं। अनेक गवाहों की मौत हो गई और गवाहों में से कई विदेश चले गए। नरेन्द्र मोदी की सरकार ने वर्ष 2015 में सुप्रीम कोर्ट के रिटायर्ड जस्टिस जीपी माथुर के नेतृत्व में एक विशेष जांच दल (एसआईटी) का गठन किया। एसआईटी की जांच में बड़ी संख्या में ऐसे मामलों का पता चला, जिनमें लोग प्रथम दृष्ट्या दोषी तो थे, लेकिन उनके खिलाफ आरोप पत्र दायर नहीं किए गए थे। दिल्ली की एक अदालत ने मंगलवार को जिस मामले में दो लोगों को दोषी करार दिया, और दोषियों में से एक को मृत्युदंड की सजा सुनाई, उस मामले में इसी एसआईटी ने दशकों बाद मुकदमा चलाया था। बाद में, जस्टिस माथुर की अगुआई वाली इस एसआईटी का हाईकोर्ट के सेवानिवृत्त जस्टिस एसएन ढींगरा के नेतृत्व वाली एसआईटी में विलय कर दिया गया। इस एसआईटी का गठन सुप्रीम कोर्ट द्वारा किया गया था।
मंगलवार को एक मामले में दो दोषियों को सजा से इंसाफ मिला, जिसमें एक दोषी को फांसी की सजा हुई और दूसरे को उम्रकैद की। ऐसे हजारों केस हैं, जिनमें 80 के दशक में ही इस तरह की सजा हो जाना चाहिए थी। 1984 से 1998 के बीच में ऐसे सारे केस बंद कर दिए गए, जैसे 1984 का नरसंहार हुआ ही नहीं था। एनडीए की दोनों सरकार- पहली श्री वाजपेयी जी की सरकार और मौजूदा श्री मोदी जी की सरकार- ने उन सभी केसों की गंभीरता से जांच कराई, जिनमें अभी भी सबूत उपलब्ध हैं। इन दोनों सरकारों में प्रकाश सिंह बादल की अगुआई वाला अकाली दल महत्वपूर्ण सहयोगी रहा है और उसने इसमें काफी मदद की है। एक केस में सफलता मिल चुकी है। भारतीय समाज, खासतौर पर सिख समुदाय, 1984 की खौफनाक यादों से छुटकारा चाहता है। हमारी पीड़ितों के प्रति ये जिम्मेदारी बनती है कि एसआईटी ने जिन मामलों की जांच और अभियोजन की सिफारिश की है, उन सबको तेजी से निपटाया जाए। और ऐसा हो भी रहा है। इन बाकी बचे मामलों में ऐसी ही सजा पीड़ितों के लिए छोटी सी सांत्वना होगी।
Posted on 17 November, 2018, No Comments Comments admin
Dr. Hasmukh Adhia, the Finance Secretary, retires at the end of this month. He has been in the Finance Ministry for four years and held the specific responsibility of the Revenue Secretary for the last three years. As Secretary, Financial Services, Dr. Adhia showed his leadership in implementation of various social security programmes of the government through banking services. His contributions in successfully accomplishing the Mudra Yojana has been laudable.
His tenure as the Revenue Secretary will be remembered for various initiatives where he provided the bureaucratic leadership in shaping and implementation of the policy. The campaign against black money both within and outside the country was the initial highlight of the Revenue Department. The Income Tax department now functions online with no physical interface between the assessee and the assessment official.
Dr. Adhia’s term witnessed the historic constitutional amendment on the GST being approved. After the centre-state developing a consensus on the multiple GST legislations, drafting of rules and fixing tariffs, which was achieved in a short period of time. It was his efforts supported by his team of officers of centre and state governments, which made it possible to hit the deadline of 1st July 2017. Rate reductions and smoothening of the rough edges were also achieved in a record time.
Dr. Adhia’s tenure saw an exponential increase in tax base and the tax realisations. He was ably supported by the two boards, CBDT and CBIC. The follow-up after demonetisation in detecting the large cash depositors and making them accountable was no mean challenge.
Dr. Hasmukh Adhia executed these steps with calm and professionalism. He was unquestionably a highly competent, disciplined, no-nonsense civil servant and of course, with impeccable integrity. His only diversion from his duties was his passion for spirituality and yoga.
The Government wanted to use his capability and experience in some alternate capacity. He had informed me earlier this year that he would not work for a single day after the 30th of November 2018. His time thereafter belongs to his favourite passion and of course his son.
I wish him all the best for his post retirement life. Thank You Dr. Adhia.
Posted on 08 November, 2018, No Comments Comments admin
Today we complete two years after Demonetisation.
Demonetisation is a key step in a chain of important decisions taken by the Government to formalise the economy.
The Government first targeted the black money outside India. Asset holders were asked to bring this money back on payment of penal tax. Those who failed to do so are being prosecuted under the Black Money Act. Details of all accounts and assets abroad which have reached the Government, resulted in action against the violators.
Technology has been used for both Direct and indirect taxes to facilitate filing of returns and expanding the tax base.
Financial inclusion was another important step to ensure that even weaker sections became part of the formal economy. Jan Dhan Accounts have resulted in most people being connected to the banking system. The Aadhaar Law has ensured that Direct Benefit Transfer of Government support system reached directly into the bank accounts. The GST has further ensured that in the matter of Indirect taxes, the tax procedures become simple. It is now becoming increasingly difficult to evade the tax system.
THE ROLE OF CASH
India was a cash dominated economy. Cash involves anonymity in transactions. It bypasses the banking system and enables its possessors to evade tax. Demonetisation compelled holders of cash to deposit the same in the banks. The enormity of cash deposited and identified with the owner resulted in suspected 17.42 lakh account holders from whom the response has been received online through non-invasive method. The violators faced punitive actions. Larger deposits in banks improved lending capacity for the banks. A lot of this money was diverted to the Mutual Funds for further investments. It became a part of the formal system.
THE MISCONCEIVED ARGUMENT
An ill-informed criticism of the Demonetisation is that almost the entire cash money got deposited in the banks. Confiscation of currency was not an objective of Demonetisation. Getting it into the formal economy and making the holders pay tax was the broader objective. The system required to be shaken in order to make India move from cash to digital transactions. This would obviously have an impact on higher tax revenue and a higher tax base.
EFFECT ON DIGITISATION
The Unified Payment Interface (UPI) was launched in 2016 involving real time payments between two sets of mobile holders. Its transactions have grown from Rs. 0.5 billion in October, 2016 to Rs. 598 billion in September, 2018. The Bharat Interface for Money (BHIM) is an App developed by NPCI for quick payment transactions using UPI. It is currently used by 1.25 Crore people. The value of BHIM transactions has gone up from Rs. 0.02 billion in September, 2016 to Rs. 70.6 billion in September, 2018. The share of BHIM transactions in overall UPI transactions is at about 48% in June, 2017.
The RUPAY Card is used both at the Point of Sale (PoS) and for e-commerce. Its transactions have increased from Rs. 8 billion before Demonetisation to Rs. 57.3 billion in September, 2018 for PoS and from Rs. 3 billion to Rs. 27 billion in e-commerce.
Today Visa and Mastercard are losing market share in India to indigenously developed payment system of UPI and RUPAY Card whose share have reached 65% of the payments done through debit and credit cards.
IMPACT ON DIRECT TAXES
The impact of Demonetisation has been felt on collection of personal income tax. Its collections were higher in Financial Year 2018-19 (till 31-10-2018) compared to the previous year by 20.2%. Even in the corporate tax the collections are 19.5% higher. From two years prior to Demonetisation, direct tax collections have increased 6.6% and 9% respectively. In the next two years, post Demonetisation the increase by 14.6% (part of the year before impact of Demonetisation in 2016-17) and an increase of 18% in the year 2017-18.
Similarly, in the year 2017-18, the tax returns filed reached 6.86 crore, an increase of 25% over the previous year. This year, as on 31-10-2018, already 5.99 crore returns have been filed which is an increase of 54.33% compared to the previous year till this date. The new filers added this year are 86.35 lakh.
In May, 2014, when the present Government was elected the total number of the filers of income tax returns was 3.8 crore. In the first four years of this Government, it has increased to 6.86 crore. By the time the first five years of this Government are over, we will be close to doubling the assessee base.
IMPACT ON INDIRECT TAX
Demonetisation and implementation of the GST curbed cash transactions in a big way. An increase in the digital transactions is visible. This formalisation of the economy has led to the tax payer base increase from 6.4 million in the pre-GST regime to 12 million tax payers in the post-GST regime. The actual consumption of goods and services being recorded as a part of the tax net has now increased. This has given a buoyancy to the indirect tax growth in the economy. This has benefited both the Centre and the States. Every State, post GST, is getting a mandatory 14% increase in the taxation each year. The fact that assessees have to now declare their business turnover not only impacts the indirect tax calculations, but also ensures that income tax arising out of them is disclosed in the tax assessments. In 2014-15, the indirect tax to GDP ratio was 4.4%. Post-GST it has climbed up by at least 1 percentage point to 5.4%.
Despite an annual income tax relief of Rs. 97,000 Crore given to the smaller tax payers and a Rs. 80,000 Crore relief given to the GST assesses, tax collections have gone up. Rates of taxes, both direct and indirect have been reduced, but tax collections have gone up. The tax base has been expanded. GST rates on 334 commodities which were paying an effective 31% tax pre-GST have witnessed a tax reduction.
Government has used these resources for better infrastructure creation, social sector and Rural India. How else could we visualise villages being connected by Road, electricity in every home, 92% coverage for rural sanitation, a successful Awas Yojana, a cooking gas connection in 8 crore poor homes. Ten crore families are covered under Ayushman Bharat, Rs. 1,62,000 Crore is being spent on subsidised food, 50% increase in MSP for farmers and a successful Crop Insurance Scheme. It is the formalisation of the economy which has led to 13 crore entrepreneurs getting Mudra Loans. The Seventh Pay Commission was implemented within weeks and the OROP was finally implemented.
More formalisation, more revenue, more resources for the poor, better Infrastructure, and a better quality of life for our citizens.
नोटबंदी का प्रभाव
आज नोटबंदी के दो वर्ष पूरे हुए हैं।
अर्थव्यवस्था को व्यवस्थित बनाने की दिशा में सरकार द्वारा जो भी कदम उठाए गए उनमें नोटबंदी एक बड़ा और महत्वपूर्ण कदम है।
सबसे पहले सरकार ने देश के बाहर काले धन पर निशाना साधा। संपत्ति धारकों को कर के भुगतान एवं पेनाल्टी पर काले धन को वापस लाने के लिए कहा गया । जो लोग ऐसा करने में असफल रहे हैं उन पर ब्लैक मनी एक्ट के तहत मुकदमा चलाया जा रहा है। दूसरे देशों में मौजूद सभी बैंक अकाउंट्स और संपत्तियों का विवरण सरकार तक पहुंचा हैं, जिसके परिणामस्वरूप नियमों का उल्लंघन करने वालों के खिलाफ कार्रवाई हुई।
तकनीकी का इस्तेमाल प्रत्यक्ष और अप्रत्यक्ष दोनों करों पर रिटर्न दाखिल करने और टैक्स बेस का विस्तार करने के लिए किया गया है।
कमजोर वर्ग भी देश की औपचारिक अर्थव्यवस्था का हिस्सा हों, यह सुनिश्चित करने की दिशा में वित्तीय समावेशन एक और महत्वपूर्ण कदम था। जन धन खातों के जरिए अधिक से अधिक लोग बैंकिंग प्रणाली से जुड़ चुके हैं। आधार के जरिए सरकारी सहायता का प्रत्यक्ष और पूरा लाभ सीधे लाभार्थिंयों के बैंक खातों में पहुंच रहा है। जीएसटी के जरिए अप्रत्यक्ष करों के भुगतान की प्रक्रिया को सरल बनाना सुनिश्चित किया गया।
नकद की भूमिका
भारत नकदी के वर्चस्व वाली अर्थव्यवस्था थी। नकद लेन-देन में, लेने वाले और देने वाले का पता नहीं लगाया जा सकता। इसमें बैंकिग प्रणाली की भूमिका पीछे छूट जाती है और साथ ही टैक्स सिस्टम भी बिगड़ता है। नोटबंदी ने नकद धारकों को सारा कैश बैंकों में जमा करने पर मजबूर किया। बैकों में नकदी जमा होने के पश्चात 17.42 लाख संदिग्ध खाता धारकों की पहचान हो सकी। नियमों का उल्लंघन करने वालों को दंडात्मक कार्रवाई का सामना करना पड़ा। बैकों में ज्यादा धन जमा होने से बैंकों की ऋण देनी की क्षमता में भी सुधार हुआ। आगे निवेश के लिए इस धन को म्यूचुअल फंड में बदल दिया गया। ये कैश भी औपचारिक प्रणाली का हिस्सा बन गया।
कुतर्क
नोटबंदी की एक आलोचना यह है कि लगभग पूरा नकद बैंकों में जमा हो गया है। जबकि नोटबंदी का उद्देश्य नकदी की जब्ती नहीं था। नोटबंदी का उद्देश्य था कैश को औपचारिक अर्थव्यवस्था में शामिल कराना और कैशधारकों को टैक्स सिस्टम में लाना। भारत को नकद से डिजिटल लेनदेन में स्थानांतरित करने के लिए सिस्टम में बदलाव की ज़रूरत है। इसका स्पष्ट रूप से उच्च कर राजस्व और उच्च कर आधार पर असर होगा।
डिजिटलीकरण पर प्रभाव
‘द यूनीफाइड पेमेंट इंटरफेस’ यानि एकीकृत भुगतान इंटरफेस (यूपीआई) 2016 में लॉन्च किया गया था जिसके जरिए दो मोबाइल धारकों के बीच वास्तविक समय में भुगतान संभव है। इसके जरिए हुआ लेन-देन अक्टूबर 2016 के 0.5 अरब रुपयों से बढ़कर सितंबर 2018 में 598 अरब रुपये पहुंच गया। भारत इंटरफेस फॉर मनी यानि भीम (बीएचआईएम) एनपीसीई द्वारा विकसित किया गया एक ऐप है, जिसमें यूपीआई का उपयोग कर त्वरित भुगतान किया जाता है। इस समय करीब 1.25 करोड़ लोग लेनदेन के लिए भीम ऐप का इस्तेमाल कर रहे हैं। भीम ऐप के जरिए लेनदेन सितंबर 2016 के 0.02 अरब रुपये से बढ़कर सितंबर 2018 में 70.6 अरब रुपये हो गया। जून 2017 में यूपीआई के जरिए हुए कुल लेनदेन में भीम ऐप की हिस्सेदारी लगभग 48% है।
रुपे कार्ड का उपयोग प्वाइंट ऑफ सेल (पीओएस) और ई-कॉमर्स दोनों में किया जाता है। इसके जरिए प्वाइंट ऑफ सेल में नोटबंदी से पहले 8 अरब रुपयों का लेनदेन हुआ था वहीं सितंबर 2018 में यह बढ़कर 57.3 अरब रुपये हो गया और ई-कॉमर्स में ये आंकड़ा 3 अरब रुपयों से बढ़कर 27 अरब रुपये हो गया।
आज यूपीआई और रुपे कार्ड की स्वदेशी भुगतान प्रणाली के आगे वीजा और मास्टरकार्ड भारतीय बाजारों में अपनी हिस्सेदारी खो रहे हैं। डेबिट और क्रेडिट कार्ड के माध्यम से होने वाले भुगतान में यूपीआई और रूपे की हिस्सेदारी अब 65% तक पहुंच चुकी है।
प्रत्यक्ष करों पर प्रभाव
नोटबंदी का प्रभाव व्यक्तिगत इनकम टैक्स कलेक्शन पर भी देखा गया है। पिछले वर्ष की तुलना में इस वित्तीय वर्ष 2018-19 (31-10-2018 तक) इनकम टैक्स कलेक्शन में 20.2% बढोतरी देखी गई है। कॉर्पोरेट टैक्स कलेक्शन भी 19.5% अधिक रहा। नोटबंदी से दो साल पहले जहां प्रत्यक्ष कर कलेक्शन में क्रमशः 6.6% और 9% की वृद्धि हुई, वहीं नोटबंदी के बाद के दो वर्षों, 2016-17 में 14.6% और 2017-18 में 18% की वृद्धि दर्ज हुई।
इसी तरह वर्ष 2017-18 में इनकम टैक्स रिटर्न 6.86 करोड़ रुपये तक पहुंच गया, जो पिछले वर्ष की तुलना में 25% अधिक है। इस साल, 31-10-2018 तक 5.99 करोड़ का रिटर्न दाखिल किया जा चुका है जो पिछले वर्ष की इस तारीख तक की तुलना में 54.33% अधिक है। इस साल 86.35 लाख नये करदाता भी जुड़े हैं।
मई 2014 में जब वर्तमान सरकार चुनी गई, तब इनकम टैक्स रिटर्न भरने वालों की कुल संख्या 3.8 करोड़ थी। इस सरकार के पहले चार वर्षों में यह संख्या बढ़कर 6.86 करोड़ हो गई है। इस सरकार के पहले पांच वर्ष पूरे होने तक हम आयकरदाता आधार को दोगुना करने के करीब होंगे।
अप्रत्यक्ष कर पर प्रभाव
नोटबंटी और जीएसटी के लागू होने से नकद लेनदेन बड़े पैमाने पर खत्म हुआ है। डिजिटल लेनदेन में बढ़ावा साफ देखा जा सकता है। इससे अर्थव्यवस्था को भी फायदा पहुंचा है, करदाताओं की संख्या बढ़ी है। जीएसटी लागू होने के बाद करदाताओं का आंकड़ा पहले के 60 लाख 40 हजार से बढ़कर 1 करोड़ 20 लाख हो गया। नेट टैक्स के हिस्से के रूप में दर्ज वस्तुओं और सेवाओं की वास्तविक खपत अब बढ़ी है। इसने अर्थव्यवस्था में अप्रत्यक्ष कर वृद्धि को बढ़ावा दिया है। इससे केंद्र और राज्य दोनों को फायदा हुआ है। जीएसटी के बाद प्रत्येक राज्य को हर साल कराधान में अनिवार्य रूप से 14% की वृद्धि हो रही है। तथ्य यह है कि करदाताओं को अपने कारोबार की घोषणा अब न केवल अप्रत्यक्ष कर के प्रभावित आंकड़े के साथ करना है, बल्कि यह भी सुनिश्चित करना है कि कर निर्धारण में उनसे उत्पन्न आयकर का खुलासा किया गया है। 2014-15 में जीडीपी अनुपात पर अप्रत्यक्ष कर 4.4% था। जीएसटी के बाद यह कम से कम 1 प्रतिशत अंक बढ़कर 5.4% तक पहुँच गया है।
छोटे करदाताओं को 97,000 करोड़ रुपये, आयकर राहत तथा जीएसटी करदाताओं को 80,000 करोड़ रुपये की वार्षिक राहत देने के बावजूद टैक्स कलेक्शन बढ़ा है। प्रत्यक्ष और अप्रत्यक्ष दोनों करों की दरें कम कर दी गई हैं, फिर भी टैक्स कलेक्शन बढ़ गया है। टैक्स बेस का विस्तार किया गया है। प्री-जीएसटी के 31% कर दायरे में आने वाली 334 वस्तुएं पर कर में कटौती की गई है।
सरकार ने इन संसाधनों का इस्तेमाल बेहतर बुनियादी ढांचा निर्माण, सामाजिक क्षेत्र और ग्रामीण भारत के विकास के लिए किया है। इससे बेहतर क्या हो सकता है कि आज गांव सड़कों से जुड़ें हैं, हर घर बिजली पहुंच रही है, ग्रामीण स्वच्छता दायरा 92% पहुंच चुका है, आवास योजना सफल हो रही है, 8 करोड़ गरीब घरों तक गैस कनेक्शन पहुंचा है। दस करोड़ परिवारों को आयुष्मान भारत का लाभ मिल रहा है। सब्सिडी वाले भोजन पर 1,62,000 करोड़ रुपये खर्च किए जा रहे हैं, किसानों के लिए एमएसपी में 50% की वृद्धि और सफल फसल बीमा योजना। यह अर्थव्यवस्था का औपचारिकरण है जिससे 13 करोड़ उद्यमियों को मुद्रा लोन मिला है। सातवां वेतन आयोग चंद हफ्तो के भीतर लागू किया गया था और वन रैंक वन पेंशन का वादा पूरा किया गया।
अधिक व्यवस्थित अर्थव्यवस्था यानि अधिक राजस्व, गरीबों के लिए अधिक संसाधन, बेहतर बुनियादी ढांचा, और हमारे नागरिकों के लिए बेहतर गुणवत्ता वाला जीवन।
Posted on 01 November, 2018, No Comments Comments admin
The World Bank each year, in the month of October, announces its rankings on the ‘Ease of Doing Business’ for the next year. The performance of each nation is taken into consideration with the 1st of May being the cut-off date. This is an independent research by the World Bank based on objective criteria where grading are given under ten different heads as per the criteria specified therein. There is no place for generalities. The improvement has to be specific. India has now moved to position No.77 in a list of 190 nations.
India under UPA
India, during the ten years of the UPA, has witnessed high level of corruption, policy paralysis and abandonment of all reforms. UPA-II, for its five year tenure, witnessed a global ranking 134, 132, 132, 134 and finally 142. This was UPA’s miserable track record. India was the most difficult to do business with. Investors were wary of coming to India. On the contrary, there was a reverse flight of capital from India by the investors.
The NDA performance
The Prime Minister in 2014 itself announced that the Government’s objective was to ensure that India should be amongst the first fifty nations in the ‘Ease of Doing Business’. His call seemed to be a tall promise since India had to move up 92 positions. Amongst the top nations, in each of the ten categories, the competition is extremely tough and many countries with specific changes move ahead. Changes required a legislation, regulation, policy decisions and administrative reforms. They involved technical innovations. Moving up 92 positions is a daunting task. Not many were optimistic. They regarded it as an unachievable goal.
The Government started working on each of the criteria in 2014 itself. Announcement of a change, a legislation or a policy is not enough unless the effect of the same is felt on the ground. The World Bank doesn’t regard announcements as a worthy improvement. There is always a timeline between the reform and the upgrade.
Having inherited the legacy of position No.142, we moved up, in the first two years, and retained position No.130. In the third year, we have made a major jump of 30 positions to reach position No.100 and in the fourth year, we have moved to position No.77. This is a 65 point improvement in the first four years. We are still 27 positions away from the target. The impossible now looks plausible.
The upgrade of specifics
On the ‘Starting of Business’, we have improved in four years by 21 points. In ‘Construction Activity’, four year improvement is a massive 132 points. The unified bylaws now involve an application for grant of construction permit online. The permits are to be received online within a specified time. If they are not received within that time, there is a deemed sanction. For ‘Getting Electricity’, we have improved a phenomenal 132 positions. On registration of properties, we are still at position No.166. On ‘’Getting Credit’, we are at position No.22. On ‘Protecting Minority Investors’, we are at position No.7 – our highest position in any category. On ‘Trading Across Borders’, which involves customs, we have improved significantly to position No.80 from an all time high of 146.
After the enactment and implementation of the GST and the Insolvency and Bankruptcy Code, we have improved in ‘Payment of Taxes’ by 37 positions but are still at 121. In ‘Resolving Insolvency’, we have improved 29 positions but are still at 108. On ‘Enforcement of Contracts’, we have improved 23 positions but are still at 163.
The road for next year
On ‘Payment of Taxes’ and ‘Resolving Insolvency’, the GST and the NCLT, mechanisms are in place. Early results seem to be quite encouraging and when this full year’s performance is taken into consideration, it would be logical to assume that we will move up significantly in these two categories. Similarly, on ‘Enforcement of Contracts’, the Specific Relief Act has been amended to make the Act enforceable, leaving damages as only exception. Commercial courts have been set up in different districts of the country. The Arbitration Act has been amended to provide for expeditious arbitrations and the least judicial intervention.
The other area where India has to make a special effort to further improve is in relation to ‘starting a business’. Current year our ranking of 137 has improved by 21 position in the last four years. It is still not a satisfactory position. There are several processes which are relevant both at the level of the Central Government and the State Governments. Much improvement is required in these areas.
In each of these criteria, there has to be an emphasis on reducing the time period for any business activity, reducing the cost involved and cutting down the number of procedures. This by itself is not formidable task. If we are able to keep the present pace of reforms in the above areas, the targets set by the Prime Minister would start looking a modest one. Only a focussed and a purpose oriented Government could have achieved this.
Posted on 16 October, 2018, No Comments Comments admin
Many young Lawyers practising criminal law used to get an advice early in their career from Veterans in the field. They were told “if you are strong on facts, bang the facts. If you are strong on law, bang the law. If you are weak on both, then bang the desk.” Those who advise Rahul Gandhi appear to have persuaded him that he is cut out only for the third option. Since beating the desk itself would not suffice, it has to be accompanied with a new narrative. If the factual narrative does not suit him then concoct an alternative. Repeat the false narrative a dozen times and convince yourself that falsehood is in fact is the truth. Thereafter, you can comfortably live in self-delusion.
Or is it a case of mendacity –
The onus now lies on me to substantiate what I have said. Rahul Gandhi’s speeches and tweets display repeated examples of this. I give five examples.
A. He repeatedly says that a private business house in India has got an advantage ranging from Rs. 38,000 Crore to Rs. 1,30,000 Crore. He further argues that what was to be manufactured by HAL is now being manufactured by a private business house with no experience.
THE TRUTH : Rafale aircraft and its weaponry is not being manufactured in India at all, neither by Dassault or by any other private company. All 36 aircrafts and their weapons in a fully flyable and usable form will arrive in India. After the supplies begin Dassault has to make purchases in India for 50% of the contract value. This is as per the UPA’s policy to promote make in India. If the total deal is for Rs. 58,000 Crore, 50% of that amounts to Rs. 29,000 Crore. These supplies to Dassault are to be made by over 120 offset suppliers and which the business house named is one of them. Dassault has said that only 3% of offset may come to that business house which is less than Rs. 1000 Crore.
B. He repeats congenitally despite being corrected several times that once an account is declared as NPA it amounts to a loan waiver. He then builds a false narrative of the PM having waived the loan of his 15 friends.
THE TRUTH : Loans were given during the UPA period. Not a single Rupee has been waived. The Promotors of the defaulting companies have been thrown out through the IBC, and banks are successfully recovering their dues. Through the process of NCLT banks are recovering their loans.
C. A cliché that he learnt was as to question why mobile phones could not be manufactured in India? I corrected him by mentioning that when UPA went out of power there were only two units manufacturing mobile phones and their accessories. Today there are 120 units and expanding. He then changed his example. He now tells his audiences why footwear are not being manufactured in the district, where he is speaking. Ill-informed as he is, India has become the second largest manufacturer of footwear in the world. Our exports in footwear are about Rs.20,000 crores each year. He just has to take a trip to Bahadurgarh on the outskirts of Delhi to realise the competitive nature of India’s footwear industry.
D. On GST he mentions that it is flawed and needs to be changed. India has witnessed the most successful implementation of the GST. The country has become one market, all check-points have been abolished, inspectors have disappeared and like Income-tax, the returns are now filed online and most assessments will be online. All States, including Congress ruled States have approved the model and the rates. In the first 13 months, the Congress legacy of 31% tax (Excise + VAT + CST) has been reduced to 18% and 12% in relation to 334 commodities. This has also helped us to check inflation. He seems to be unaware of this.
His Latest Concoction
E. Yesterday, while speaking at two different functions in Madhya Pradesh, he made two references to me in each of his speeches I am annexing clips of his speeches as they appear in the social media. In the first one he says that I have admitted that Vijay Mallya met me in Parliament. He further claims, I have further admitted that Mallya told me that he was escaping to London and that I helped him to escape. He says in his second speech that I have admitted that Nirav Modi also met me in Parliament. He claims that I have admitted that he had a meeting with me and told me that he was going out of the country and I helped him to escape.
THE TRUTH : I do not recollect ever having even seen Nirav Modi in my life. The question of his meeting me in Parliament does not arise. If he came to Parliament, as Rahul Gandhi claims, then reception records would show that. Where have I admitted all this Mr.Gandhi?
As a Member of Parliament, Vijay Mallya once chased me in the corridor of Parliament to discuss his case. I did not pay any heed to him and coldly told him to make his proposal to the bankers. This he says constitutes a meeting where he told me that he was escaping to London. Absolute lie.
How does he concoct this falsehood? At the Hindustan Times Summit, he referred to a meeting he had with me and attributed same statements to me. When asked I merely said that ‘I can’t answer hallucinations. I am in the distinguished company of President Macron’. Today I feel it is much more than hallucinations. Is it a personality issue where he lies a dozen times and then in self delusion believes it to be true or is it a case of a ‘Clown Prince’ out-clowning himself?