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Expectations from the New Government

The Summer heat and the heat of Elections, both are receding now. By the time this Journal is in your hands, one of the biggest and the longest festivals of Democracy in the world ­­— Elections in India — would have been over, and the new Government would have been elected by the people of India.

Climate change and current wars have contributed to the unprecedented heat this year. The solace is in the predictions of normal monsoon in India, which we all are eagerly awaiting. People also await and expect a lot from the newly elected Government at the Centre, especially when India is in its Amrit Kaal. A few of the significant expectations are listed below:

1. EASE OF MANUFACTURING AND DOING BUSINESS IN INDIA

India has travelled a long distance from the “license, permit, quota raj” to a liberalised economy. The country had inherited many archaic laws enacted by Britishers to control and stifle Indian entrepreneurship. Foreign Exchange crisis in 1990 turned into a boon as India perforce had to open up its economy. However, many archaic laws still continued and even today, we are far from the ease of doing business in India.

On 1st April, 2022, while answering a question in the Lok Sabha on identification and repeal of obsolete Provisions / Acts, the then Minister of Law and Justice Shri Kiren Rijiju answered as follows:

“The present Government had constituted a Two-Member Committee to identify the obsolete and redundant laws for repeal in 2014. The said Committee had examined and identified 1824 obsolete Acts (including 229 State Acts) for repeal and submitted the report to the Government. The said 229 State Acts have been forwarded to the respective State Governments for repeal. Thereafter, the Legislative Department took up the matter with the concerned Ministries/Departments of the Government to examine and review the Acts administered by them. So far 1486 obsolete and redundant laws have been repealed by the Government of India since 2014 till date.” (Emphasis supplied)
Out of 229 State Acts, only 75 State Acts have been repealed by the concerned State Governments till April 2022. Many of these Provisions / Acts impact doing business in India.

Acquisition of land is one of the biggest obstacles, besides the requirement of a host of permissions at the local, State and the Central level. Entrepreneurs fear the applicability of criminal laws to civil offences. Concrete action is required to decriminalise business laws to increase the ease of doing business and restore confidence of entrepreneurs. To illustrate, the manner of implementation of Income-tax and GST Acts leaves much to be desired. Businessmen are harassed and penalised for trivial offences or issues. The need of the hour is business-friendly laws and a taxpayer-friendly administration.

2. EASE OF LIVING IN INDIA — CITIZEN-CENTRIC ADMINISTRATION

The new Government should focus more on day-to-day issues concerning common people, especially middle class, to make their living easy and comfortable. One of the most irritating factors is multiple KYCs from multiple agencies. Bankers freeze customer’s accounts for want of KYC and put them in great difficulties, especially senior citizens who have to run from the pillar to post to release their funds. We are living in a country where every single day, one has to prove one’s identity, one’s aliveness and what not!

The second Administrative Reforms Commission was set up by the Government in 2005 under the chairmanship of Shri M. Veerappan Moily. It submitted the 12th Report on the “Citizen Centric Administration” in February 2009. The report1 is of 188 pages and contains wide recommendations in areas of Functions of Government; Citizens’ Charters; Citizens’ Participation in Administration; Decentralisation and Delegation; Grievance Redressal Mechanism; Consumer Protection; Special Institutional Mechanisms and Process Simplification, etc. This report may be revisited in the present context and suitable recommendations should be implemented.


1. https://darpg.gov.in/sites/default/files/ccadmin12.pdf

3. JUDICIAL REFORMS

There is a famous legal maxim that says, “Justice delayed is justice denied.” If this be true, then it is happening in India, day in and day out. Many a time, it takes generations to get a verdict from the Court. One of the impediments to attracting Foreign Investments in India is its slow legal system. Where ordinary citizens wait for years to get a hearing, influential politicians get urgent hearings. Our present judicial system is based on a British model and needs a complete overhaul / change to bring accountability and transparency in the judiciary including the manner of appointment of judges.

4. UNIFORM CIVIL CODE

“One Nation – One Flag – One Law.” India is a diverse country. And, therefore, it is imperative that we have a common thread binding all of us. If each segment of the diverse population is allowed to have its own laws, then there will be chaos. Almost all religions of the world are practised in India. Therefore, laws based on religion are strictly not desirable. If there is no common civil law, then there would be constant conflicts amongst various personal laws, as it is happening in India today. A few sections of the population will get preferential treatment, or favorable laws based on their religions, and that will further divide the population. All states in India should implement UCC in the right intent and spirit.

5. ONE NATION — ONE ELECTION

India has 28 States and 8 Union Territories. At any point of time, some or the other election is in progress. This impacts the normal functioning of the Government besides the huge cost of holding separate elections. Instead, if the Central and the State Government elections are held together then a lot of efforts, time and money can be saved. The Lok Sabha elections can also be advanced to winter instead of being held in the scorching summer. (Readers can refer to the detailed discussion on this topic in the May 2024 Editorial).

6. NEW EDUCATION SYSTEM

Acharya Devvrat, Governor of Gujarat, in February 2023 said that “the British education policy aimed to establish “psychological slavery” in India to sustain the colonial rule. He further added that on the recommendations of Lord Macaulay in 1835, the British ‘destroyed the Gurukul education system’ of India which was ‘deeply rooted in traditions to carve human beings’.” 2 (Emphasis supplied)


2. https://indianexpress.com/article/cities/ahmedabad/gujarat-governor-acharya-devvrat-british-education-system-psychological-slavery-india-8451691/

Unfortunately, the Britishers’ style of education to produce English-speaking officers and clerks continued in India for more than 70 years post-independence. Moreover, this education system contained certain distorted historic facts.

Fortunately, the new National Education Policy 2020 has been implemented with effect from the academic year 2023–24.3 It is claimed that the new National Education Policy is based on the pillars of Access, Equity, Quality, Affordability and Accountability. It aims to make both school and college education more holistic, multidisciplinary and flexible.


3. https://www.learningroutes.in/blog/new-education-policy-2021-things-you-need-to-know

Hopefully, this will put an end to British-era style education system and take India to the path of a developed nation.

7. OTHER EXPECTATIONS

Well, the list of expectations is very long. However, some other important areas that need attention of the new Government are as follows:

Linking of Voter’s ID with Aadhaar to remove bogus voters, Civil Services Reforms, review of Pensions to MPs and MLAs, strict actions against defaulter contractors jeopardising public life, empowering genuine NGOs rendering great social services, revamping Indian Trust Act and simplifying provisions concerning Charitable Trusts under the Income-tax Act, 1961, etc.

The entire world is passing through a turbulent time and therefore, a stable Government at the centre with a strong majority is the need of the hour. Let us hope that Indian voters will elect a strong Government, which will carry out judicial reforms, accelerate the growth engine of India, reduce inequality, provide relief to the large middle class population and ensure social justice.

Wish you a good monsoon post scorching summer!

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Thank You!

With Best Regards,

Dr. CA Mayur Nayak
Editor