Professional Documents
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SL. THE HINDU
TOPICS
NO. PAGE NO.
1 Nod to ring fence successful IBC suitors 15
Rationale: Earlier, there were multiple overlapping laws and adjudicating forums dealing with
financial failure and insolvency of companies and individuals in India. This led to undue delays
in the recovery of the NPAs by the Banks. Hence, the IBC Code was introduced to consolidate
all the existing laws related to Insolvency and Bankruptcy in India and to simplify the process of
insolvency resolution.
Institutional Mechanism:
• Insolvency Professionals: A specialized cadre of licensed professionals would
administer the resolution process, manage the assets of the debtor, and provide
information for creditors to assist them in decision making.
• Insolvency Professional Agencies: These agencies conduct examinations to certify the
insolvency professionals and enforce a code of conduct for their performance.
• Information Utilities: The creditors would report financial information of the debt
owed to them by the debtor.
• Adjudicating authorities: The proceedings of the resolution process would be
adjudicated by the National Companies Law Tribunal (NCLT), for companies; and the
Debt Recovery Tribunal (DRT), for individuals. The duties of the authorities will include
approval to initiate the resolution process, appoint the insolvency professional, and
approve the final decision of creditors.
• Committee of Creditors (CoC) :During the insolvency resolution process, a committee
consisting of lenders would be constituted for taking decisions (by voting) on the
resolution process. The CoC may either decide to restructure the debtor’s debt by
preparing a resolution plan or liquidate the debtor’s assets. However, such a decision
has to be approved by at least 66% of the votes in the committee of creditors. (Earlier,
the voting threshold for the approval was 75%, but it was reduced to 66% through the
IBC amendment act, 2019)
• Insolvency and Bankruptcy Board: The Board would regulate insolvency professionals,
insolvency professional agencies and information utilities set up under the Code. The
Board would consist of representatives of Reserve Bank of India, and the Ministries of
Finance, Corporate Affairs and Law.
• Procedure to resolve Insolvency and Bankruptcy: The Code proposes two
independent stages: Insolvency Resolution Process, during which lenders assess
whether the debtor's business is viable to continue and the options for its rescue and
revival; and Liquidation (Sale of Assets), if the insolvency resolution process fails.
o Insolvency Resolution Process (IRP): When a default occurs, the resolution
process may be initiated either by the debtor or creditor before the
adjudicating authority. The NCLT appoints an insolvency professional to
administer the IRP. The Resolution Professional identifies the financial
creditors and constitutes a Committee of Creditors (CoC). The CoC would
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prepare the resolution plan for the restructuring the loans of the defaulted
borrower which may be in the form of extending the maturity period of the
loan, reducing the rate of interest on loans etc. However, such a resolution
plan has to be approved by at least 66% of the votes in the committee of
creditors.
o Liquidation (Sale of Assets): If the Committee of Creditors fail to come up with
a resolution plan within the time limit of 330 days, then the proceeds from the
sale of the debtor’s assets are distributed in the following order of precedence:
i) insolvency resolution costs, including the remuneration to the insolvency
professional, ii) secured creditors, whose loans are backed by collateral, dues
to workers, other employees, iii) unsecured creditors, iv) dues to government,
v) priority shareholders and vi) equity shareholders.
In this regard, the new amendment to the IBC seeks to protect the successful bidders from the
criminal proceedings against the offences committed by the previous promoters of the
stressed firms. Going forward, the assets of the stressed firms bought by a successful bidder
under the IBC would not be attached and hence would offer higher protection to the successful
bidders.
Insolvency Proceedings against Real Estate Developers: Initially, when the IBC was passed by
the Indian Parliament, it did not include Home-buyers as the creditors. This made it difficult for
the home buyers to initiate cases against the real estate developers for the delay in the
completion of the Housing projects. Subsequently, this flaw was addressed by including the
home-buyers as financial creditors under the amendment made to the IBC. As per the
amended provision, even a single home buyer having a claim of more than Rs 1 lakh can drag a
real estate developer to the National Company law tribunal. However, the real estate
developers have raised concerns that the some of the home-buyers are misusing such a
provision and a large number of cases have been filed against them. This has in turn led to
undue delay in the completion of the pending housing projects.
The new amendment approved by the cabinet is aimed to address this misuse by the home
buyers. As per the amendment proposed, a single home-buyer would not be able to invoke
insolvency against the real estate developer.
Personal Notes
Dated: 12. Dec. 2019 DNS Notes - Revision
Background:
Over a period of time, the NBFC sector in India has emerged as major source of loans. However,
the sector been facing liquidity crunch due to Asset-Liability Mismatch. The poor financial
condition of the NBFCs has in turn adversely affected the credit creation in the Indian Economy.
In this regard, the Union Budget 2019 had announced Partial Credit Guarantee Scheme. Now,
the Union cabinet has decided to adopt certain modifications in the existing scheme.
Note: If the Principal or interest payment is overdue for more than 90 days, then the loan is
categorised as NPA. N
Now, the partial Credit Guarantee Scheme would cover only those assets which are categorised
as SMA-0 and it does not cover the assets which are categorised as SMA-1 and SMA-2.
Ratings of the Underlying Assets: Earlier, the Public Sector Banks were allowed to buy only
those assets which were rated "AA" and above. However, as per the new modification, the
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Public Sector Banks are now allowed to buy those assets which are rated "BBB+" and above.
Such an increase in the ambit of assets would enable the Public Sector Banks to buy more assets
from the NBFCs and HFCs.
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Notes
Dated: 12. Dec. 2019 DNS Notes - Revision
Title LS passes Bill to set up unified authority for financial services (Page 12)
Syllabus GS II-Dispute resolution mechanisms
Theme International Financial Services Centres
Highlights
Context:
The Lok Sabha has recently passed the International Financial Services Centres (IFSC)
Authority bill, 2019 which provides for the establishment of an authority to develop and
regulate the financial services market. In this regard, let us understand the need for the bill
and its provisions
Personal
Notes
Dated: 12. Dec. 2019 DNS Notes - Revision
• ISRO has launched India's defence satellite RISAT-2BR1 and nine commercial
satellites through the PSLV-C48 from the Satish Dhawan Space Centre at Sriharikota.
The launch assumes significance as PSLV-C48, the 50th mission of PSLV, will be
carrying the spy satellite of India to space.
• It is expected to enhance India's weather and agricultural capabilities, in addition
to providing the much needed surveillance capabilities to find out terrorist
movements and prevent incidents like the 2008 Mumbai attacks.
• RISAT-2BR1, a radar imaging earth observation satellite weighing about 628 kg,
will be placed into a low-earth orbit at 576 km, at an inclination of 37 degree. The
PSLV-C48 will also carry nine customer satellites of Israel, Italy, Japan and the USA.
The international customer satellites are being launched under a commercial
arrangement with NewSpace India Limited (NSIL).
• RISAT-2BR1 comes with the advantage of the Synthetic Aperture Radar (SAR) that
will help increase its surveillance capabilities.
• The primary payload is the RISAT-2BR1, which will give India all-weather
surveillance capabilities. The RISAT-2BR1 uses SAR that can penetrate clouds and
observe images on the ground with a ground sampling distance of barely 35 cms.
• It is also carrying 9 other smaller commercial payloads, including an Israeli
student satellite.
• SAR is data rich and can complement data from other sources. SAR satellite is an
emerging source of data that can complement data from other bands and other
sensors with applications in military and civilian areas.
• Given that SAR satellites are much more power hungry and have almost just 10
per cent duty cycle on orbit, it would be also interesting for India to develop a fleet of
smaller SAR systems that will complement the larger ones like RISAT.
• Ultimately, the power lies in the ability to make data available to the end users
and we should hope that India follows suit of countries like Japan who have made SAR
data from modern satellites such as ALOS freely to end users.
• Interestingly PSLV-C48 is the 2nd flight of PSLV in 'QL' configuration (with four
strap-on motors). This will be the 75th launch vehicle mission from SDSC SHAR,
Sriharikota and 37th launch from the first launch pad.
What is SAR?
conditions and because of the unique responses of terrain and cultural targets to
radar frequencies.
• Synthetic Aperture Radar (SAR) technology has provided terrain structural
information to geologists for mineral exploration, oil spill boundaries on water to
environmentalists, sea state and ice hazard maps to navigators, and reconnaissance
and targeting information to military operations.
• There are many other applications for this technology. Some of these,
particularly civilian, have not yet been adequately explored because lower cost
electronics are just beginning to make Synthetic Aperture Radar (SAR) technology
economical for smaller scale uses.
Personal
Notes
Dated: 12. Dec. 2019 DNS Notes - Revision
Title The “Delhi Dogma” fallacy of the right (Page number 10)
Syllabus General studies II: Foreign Policy
Theme Mr S Jaishankars analysis of India’s foreign Policy
Highlight The ‘Delhi dogma’ fallacy of the right
Context
• In November this year the External Affairs Minister drew upon the broad contours of
Indian Foreign Policy today on the occasion of the 4th Ramnath Goenka Lecture.
• Broadly the EAM outlined India’s Foreign Policy in two parts including
1. Evolution of Foreign Policy in 6 phases
2. 5 baskets that guide India’s foreign policy today
• Besides taking note of the rapid changes in the geopolitics and the need for constant
change in outlook in India’s foreign policy the EAM admits that the real obstacle to
the rise of India on the global stage is not so much the barriers of the world but the
‘dogmas of delhi’.
Outcomes
• The collapse of USSR, its close ally, and the not unconnected economic crisis in 1991
compelled us to look again at the first principles of both domestic and foreign policy.
4. 1991-2000: Strategic autonomy
Background
• The dissolution of the USSR and the emergence of a "unipolar” world
India’s approach
• Shifted focus to safeguarding strategic autonomy. India opened up economically more
to the world.
• The Look East policy summarized the changed Indian approach to world affairs.
• India reached out to engage the US more intensively.
• This quest for strategic autonomy was particularly focused on securing its nuclear
weapon option, but also visible in trade negotiations.
• After 1998, it was now a declared nuclear weapon power, had fended off Pakistan’s
military adventurism again in Kargil in 1999, generated enough economic growth to
be of global interest.
th
5 phase: India as a balancing power
• India-US nuclear deal
• At the same time, India could also make common cause with China on climate change
and trade.
• consolidate further ties with Russia
• helping to fashion BRICS into a major forum
6th phase 2014 onwards
Change in global geopolitical landscape
• Weakening multi-lateralism, American nationalism, the rise of China, the saga of
Brexit and the rebalancing of the global economy
• climate change is a factor, contributing to geopolitics
• The Middle East is in ferment
• Centrality of ASEAN to Asia is not what it is used to be.
• Demographic and economic trends in Africa are giving that continent a greater
salience.
• Technology, connectivity and trade are at the heart of new contestations
Change in India’s engagement
Backdrop
• U.S. resource limitation and risk aversion in the aftermath of the Iraq war.
• Declaring an Afghan withdrawal
• Growing tepidity in the Asia-Pacific
• Europe too turned increasingly inwards.
• Japan’s efforts to acquire a greater say continued to unfold but only gradually.
• we have emerged among the major economies of the world is one factor.
• The relevance of our talent to global technology is another.
• Our ability to shoulder greater responsibilities at a time when the world is more
reticent is also evident.
• willingness to shape key global negotiations, such as in Paris on climate change. The
investment of greater resources in development partnerships with countries of the
South was also noteworthy.
• India’s diplomatic agenda has broadened considerably.
• a multi-polar world should have a multi-polar Asia at its core
A critique of India’s foreign policy
Positives
The 1971 Bangladesh war or the 1998 nuclear tests stand out in the positive category.
Negatives
Limitation
• During the 1st phase more emphasis was given to diplomacy which led to harsher
realities of hard security
• India was under-prepared for security situations that was seen in discomfort with
hard power reflected during the 1962 conflict.
• Failure of Shimla agreement to secure borders with Pakistan and taking over of PoK
which is continuing till date.
• BoP crisis and economic stagnation in 1991.
• Should India, for example, have brought the boundary issue to head in 1950 itself?
• Could the border conflict of 1962 have been avoided by a compromise in 1960 when
Zhou Enlai came to India?
Lessons for the future in 5 baskets
1st basket: Security
• Need for greater realism
• We are now engaging more with the military that can be seen in the creation of the
post of Chief of Defence Staff.
• Besides unlike 26/11, we have now reacted to Uri and Balakot kind of strikes.
• We have now formed smaller battlefield battalions like IBGs with limited objectives
• Maritime Domain Awareness
• Defence preparedness
2nd basket: Economics
• A common feature of all the success stories whether it is China or the Asian Tigers
likes Singapore, Taiwan is that they leveraged the global environment.
• For this India needs to leverage its FTAs by structural reforms in the domestic supply
chain.
• We should move away from old dogmas of self reliance and import substitution. But
at the same time, embracing the new dogma of globalization without a cost-benefit
analysis
rd
3 basket: Multiple strategic engagement in the multi polar world
4th basket Risk-taking is an inherent aspect of diplomacy
5th basket: Realistic assessment of the geopolitics
• Today, an appreciation of world politics must include a proper understanding of Sino-
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In this article the author describes the Jaishankar’s assessment of India’s foreign
policy as ideologically biased.
• Besides the advantage of having the benefit of hindsight is promoted as
pragmatism.
• For instance, that taking the Kashmir issue to the UN was a mistake assumes that
India could have forcibly liberated the princely state of Jammu and Kashmir (J&K)
from the Pakistani invasion during 1947-48. At a point of time when the Indian (and
Pakistani) Army was still commanded by British officers, it might not have been
possible for India to forcibly get back the rest of J&K. The next best option at the time
was indeed to go to the United Nations, which it did.
• Non-alignment was the need of the time
• The solution is given in broad terms and not pin pointed to questions like How to deal
with China, easily?
• Does the government have a China policy “today”?
• Is avoiding the tactical pressure from China (which can have electoral implications) via
informal summits and slow peddling the Quad helpful in addressing the long-term
China challenge?
• What are the outcomes of ‘Howdy Modi’, ‘Chennai Connect’ and ‘JAI’ (Japan-
America-India)?
• Kashmir and Pakistan
• The biggest disappointment is that the concerns of critics’ about the
internationalisation of Kashmir and hyphenation with Pakistan “is thinking from the
past.
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Dated: 12. Dec. 2019 DNS Notes - Revision
Although there is no specific definition of heavy metal, literature has defined it as a naturally
occurring element having a high atomic weight and high density which is five times greater
than that of water.
According to study conducted by Central Water Commission, 65% of samples of water taken
from various water quality stations in the country reported heavy metal pollution.
- Iron emerged as the most common contaminant
- None of the sites registered arsenic levels above the safe limit.
- Lead, cadmium, nickel, chromium and copper contamination were more common in
non-monsoon periods while iron, lead, chromium and copper exceeded tolerance limits
in monsoon periods.
Concerns:
The presence of metals in drinking water is to some extent unavoidable and certain metals, in
trace amounts is required for good health. However, when present above safe limits, they are
associated with a range of disorders.
1) Long term exposure of heavy metals may lead to may result in slowing progressing
physical, muscular and neurological degenerative processes that mimic Alzheimer’s
disease, Parkinson’s disease, muscular dystrophy and multiple sclerosis.
2) Majority of Indians still use water directly from rivers for their domestic use, with an
increase in population, the pressure on these rivers will only increase.
3) Concentration of such toxic metals has increased rapidly over the past few decades.
Consequently, concentrations of toxic metals in grains and vegetables grown in
contaminated soils have increased at alarming rates.
4) Serious threat to humans and the environment because of its toxicity, non-bio-
degradibilityand bioaccumulation.
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Arsenic pollution:
- Leads to arsenical skin lesions
- Arsenicosis is a chronic illness resulting from drinking water with high As level
over a long periodof time.
- Highconcentrations of arsenic in drinking water also result in an increase in
stillbirths andspontaneous abortions
Cadmium pollution:
- Itai-Itai disease (Severe pain in body and joints)
- One of the most widely known toxic effects manifested by Cdpoisoning is
nephro-toxicity. Adverse renal effects are more commonly seen with exposure
tolow levels of Cd.
Chromium Pollution:
- Hexavalent Chromium is a danger to human health, mainly for people who work
in the steel and textileindustry. People who smoke tobacco also have a higher
chance of exposure to chromium.
Chromium (VI) is known to cause various health effects. When it is a
compound in leather
products, it can cause allergic reactions, such as skin rash. After breathing in,
chromium (VI) cancause nose irritations and nosebleeds.
Copper Pollution:
- It is seen that though copper isessential of life and health, its deficiency or
excesses both cause adverse effects.
- Industrial exposure to copper fumes,dusts, or mists may result in metal fume
fever with atrophic changes in nasal mucousmembranes. Chronic copper
poisoning results in Wilson’s Disease, characterized by a hepaticcirrhosis,
brain damage, demyelination, renal disease, and copper deposition in the
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cornea.
Iron Pollution:
- Iron is an essential element in human nutrition.
- Thepresence of higher concentration of iron in drinking water makes its taste
unpleasant; however,living organism can tolerate higher concentration of iron
without any serious damage to theirsystem.
- Causes aesthetic problems such as discoloured water, precipitation, scaling,
staining and metallic water taste.
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Dated: 12. Dec. 2019 DNS Notes - Revision
standards, criteria or principles on the types of laws which may be notified by the
government, it may be argued that the powers given to the executive may go beyond the
permissible limits of valid delegation.
Personal
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