Q. With reference to India, consider the following statements:
1. Government law officers and legal firms are recognised as advocates, but corporate lawyers and patent attorneys are excluded from recognition as advocates. 2. Bar Councils have the power to lay down the rules relating to legal education and recognition of law colleges.
Which of the statements given above is/are correct? a) 1 only b) 2 only c) Both 1 and 2 d) Neither 1 nor 2 Correct Answer: b) 2 only
Question from UPSC Prelims 2022 GS Paper
Explanation :
Legal Profession in India
The legal profession in India is regulated by the Bar Council of India (BCI), which is a statutory body established by the Parliament under the Advocates Act, 1961. The BCI oversees the standards for legal education and practice within the country.
Understanding the Term “Advocate” in India
The term “advocate” in India is inclusive of individuals who are qualified to practice law in various capacities. This includes government law officers, legal firm lawyers, corporate lawyers, and patent attorneys, as long as they are enrolled with a State Bar Council. The Advocates Act does not restrict these professionals from being recognized as advocates, provided they fulfill the necessary qualifications.
Role of the Bar Council of India in Legal Education
The Bar Council of India holds the authority to set standards for legal education and to recognize law colleges. Through its Legal Education Committee, the BCI is instrumental in formulating rules that govern legal education and in accrediting law schools and universities. Degrees from BCI-recognized institutions are essential for enrollment as an advocate.
1. Pursuant to the report of H.N. Sanyal Committee, the Contempt of Courts Act, 1971 was passed. 2. The Constitution of India empowers the Supreme Court and the High Courts to punish for contempt of themselves. 3. The Constitution of India defines Civil Contempt and Criminal Contempt. 4. In India, the Parliament is vested with the powers to make laws on Contempt of Court.
Which of the statements given above is/are correct? a) 1 and 2 only b) 1, 2 and 4 c) 3 and 4 only d) 3 only Correct Answer: b) 1, 2 and 4
Question from UPSC Prelims 2022 GS Paper
Explanation :
Contempt of Courts Act, 1971
The Contempt of Courts Act, 1971 was a result of the recommendations made by the H.N. Sanyal Committee. The committee was tasked with examining the existing laws on contempt of court, and their report played a crucial role in shaping the legislation that governs contempt proceedings in India today.
Constitutional Provisions for Contempt of Court
The Constitution of India grants the Supreme Court and the High Courts the authority to punish individuals for contempt of themselves. This power is enshrined in Articles 129 and 215, respectively, ensuring that the dignity and authority of the judiciary are upheld.
Definitions of Civil and Criminal Contempt
Contrary to what some might believe, the Constitution of India does not define civil or criminal contempt. These definitions are provided by the Contempt of Courts Act, 1971, which distinguishes between willful disobedience of court orders (civil contempt) and acts that may scandalize or lower the authority of the court (criminal contempt).
Legislative Powers Regarding Contempt of Court
In India, the responsibility to legislate on matters of contempt of court is vested in the Parliament. This is outlined in the Seventh Schedule of the Constitution, which specifically allocates this power to the Union List, thereby giving Parliament the exclusive right to make laws in this domain.
Q. With reference to foreign-owned e-commerce firms operating in India, which of the following statements is/are correct?
1. They can sell their own goods in addition to offering their platforms as market-places. 2. The degree to which they can own big sellers on their platforms is limited.
Select the correct answer using the code given below: a) 1 only b) 2 only c) Both 1 and 2 d) Neither 1 nor 2 Correct Answer: d) Neither 1 nor 2
Question from UPSC Prelims 2022 GS Paper
Explanation :
Foreign-owned e-commerce firms operating in India are not allowed to sell their own goods directly to consumers. They can only operate as marketplaces where third-party sellers can list and sell their products. This means that statement 1 is incorrect.
Q. With reference to the Indian economy, what are the advantages of “Inflation-Indexed Bonds (IIBs)”?
1. Government can reduce the coupon rates on its borrowing by way of IIBs. 2. IIBS provide protection to the investors from uncertainty regarding inflation. 3. The interest received as well as capital gains on IIBs are not taxable.
Which of the statements given above are correct? a) 1 and 2 only b) 2 and 3 only c) 1 and 3 only d) 1, 2 and 3 Correct Answer: a) 1 and 2 only
Question from UPSC Prelims 2022 GS Paper
Explanation :
Inflation-Indexed Bonds (IIBs) UPSC
Inflation-Indexed Bonds (IIBs) are a type of bond designed to help protect investors from inflation. The principal amount of the bond is indexed to inflation, ensuring that the purchasing power of the investor’s money is maintained.
Benefits of IIBs for Government Borrowing
Government can reduce the coupon rates on its borrowing by way of IIBs. Since IIBs provide a hedge against inflation, investors are typically willing to accept lower nominal coupon rates on these bonds compared to conventional bonds. The real return is adjusted for inflation, so the government can issue these bonds with a lower coupon rate, potentially reducing its cost of borrowing.
Protection from Inflation Uncertainty
IIBs provide protection to the investors from uncertainty regarding inflation. The principal value of IIBs is adjusted according to the inflation rate, which means that the returns on these bonds are designed to keep up with inflation. This protects investors from the erosion of purchasing power that can occur with fixed-rate bonds during periods of high inflation.
Tax Implications of IIBs
The interest received as well as capital gains on IIBs are not taxable. This statement is incorrect. In India, like many other countries, the interest received on bonds is typically subject to income tax. Capital gains from bonds may also be taxable depending on the holding period and applicable tax laws at the time of sale or redemption. There may be specific tax-exempt bonds issued by the government, but IIBs do not inherently come with a tax exemption on interest and capital gains.
Q. With reference to the “G20 Common Framework”, consider the following statements:
1. It is an initiative endorsed by the G20 together with the Paris Club. 2. It is an initiative to support Low Income Countries with unsustainable debt.
Which of the statements given above is/are correct? a) 1 only b) 2 only c) Both 1 and 2 d) Neither 1 nor 2 Correct Answer: c) Both 1 and 2
Question from UPSC Prelims 2022 GS Paper
Explanation :
G20 Common Framework Initiative
The G20 Common Framework is an initiative that has been endorsed by the G20 together with the Paris Club. The Paris Club is a group of officials from major creditor countries whose role is to find coordinated and sustainable solutions to the payment difficulties experienced by debtor countries. The G20 is an international forum for governments and central bank governors from 19 countries and the European Union.
Addressing Debt Challenges in Low-Income Countries
The G20 Common Framework for Debt Treatments beyond the Debt Service Suspension Initiative (DSSI) is designed to address the challenges faced by Low-Income Countries (LICs) with unsustainable debt. The framework aims to provide a structured approach to debt treatment for these countries, ensuring that all creditors (both public and private) work together to address the debt vulnerabilities so that the affected countries can work towards achieving economic stability and sustainable growth.
The Common Framework was established in response to the financial strains caused by the COVID-19 pandemic, which exacerbated the debt vulnerabilities of many developing countries. It seeks to provide a coordinated approach to debt restructuring, tailored to the needs of each eligible country, while ensuring fair burden-sharing among creditors and maintaining the debtor country’s access to financing.
Q. With reference to the Indian economy, consider the following statements: 1. An increase in Nominal Effective Exchange Rate (NEER) indicates the appreciation of rupee. 2. An increase in the Real Effective Exchange Rate (REER) indicates an improvement in trade competitiveness. 3. An increasing trend in domestic inflation relative to inflation in other countries is likely to cause an increasing divergence between NEER and REER.
Which of the above statements are correct? a) 1 and 2 only b) 2 and 3 only c) 1 and 3 only d) 1, 2 and 3 Correct Answer: c) 1 and 3 only
1. An increase in Nominal Effective Exchange Rate (NEER) indicates the appreciation of the rupee.
This statement is correct. The NEER is an index that measures the value of a country’s currency relative to a basket of other major currencies, weighted by their relative trade with the country. An increase in NEER means that the Indian rupee has appreciated in value compared to this basket of currencies, which implies that it takes fewer rupees to buy the same amount of foreign currency.
2. An increase in Real Effective Exchange Rate (REER) indicates an improvement in trade competitiveness.
This statement is not necessarily correct. The REER adjusts the NEER for inflation differentials between India and its trading partners. An increase in REER suggests that the Indian currency has appreciated in real terms, which could make Indian exports more expensive and imports cheaper, potentially reducing trade competitiveness. However, it is also possible that an increase in REER reflects higher productivity or quality improvements in a country’s goods and services, which could enhance competitiveness. Therefore, an increase in REER does not unambiguously indicate an improvement in trade competitiveness.
3. An increasing trend in domestic inflation relative to inflation in other countries is likely to cause an increasing divergence between NEER and REER.
This statement is correct. If India experiences higher inflation than its trading partners, the NEER may not change much, but the REER will increase because the domestic currency’s real value is eroding due to higher prices. This divergence occurs because the REER is adjusted for inflation, while the NEER is not.
Given the explanations above, the correct answer is that statements 1 and 3 are correct, making the correct choice “1 and 3 only”.
Q. “Rapid Financing Instrument” and “Rapid Credit Facility” are related to the provisions of lending by which one of the following?
a) Asian Development Bank b) International Monetary Fund c) United Nations Environment Programme Finance Initiative d) World Bank
Correct Answer: b) International Monetary Fund
Question from UPSC Prelims 2022 GS Paper
Explanation :
IMF’s Rapid Financing Instrument (RFI) and Rapid Credit Facility (RCF)
The “Rapid Financing Instrument” (RFI) and the “Rapid Credit Facility” (RCF) are lending mechanisms provided by the International Monetary Fund (IMF). These instruments are designed to provide rapid financial assistance to member countries facing urgent balance of payments needs, without the need to have a full-fledged program in place. They are particularly useful in addressing crises and emergencies where policy adjustments may not be immediately feasible.
The RFI is available to all member countries of the IMF and provides rapid financial assistance with limited conditionality. It is meant for situations where a full economic program is either not necessary or not feasible. The RFI can be used in a wide range of circumstances, including commodity price shocks, natural disasters, and emergencies resulting from fragility and conflict.
The RCF, on the other hand, is specifically tailored for low-income countries and provides immediate financial assistance with zero interest rates. The RCF also has limited conditionality and is designed to support countries with an urgent balance of payments need, particularly where a full-fledged economic program is not in place.
Both the RFI and RCF are part of the IMF’s broader toolkit to help member countries deal with balance of payments problems and are designed to provide rapid financial support with the aim of stabilizing the economy and restoring confidence.
Q. Which one of the following situations best reflects “Indirect Transfers” often talked about in media recently with reference to India?
a) An Indian company investing in a foreign enterprise and paying taxes to the foreign country on the profits arising out of its investment b) A foreign company investing in India and paying taxes to the country of its base on the profits arising out of its investment c) An Indian company purchases tangible assets in a foreign country and sells such assets after their value increases and transfers the proceeds to India d) A foreign company transfers shares and such shares derive their substantial value from assets located in India
Correct Answer: d) A foreign company transfers shares and such shares derive their substantial value from assets located in India
Question from UPSC Prelims 2022 GS Paper
Explanation :
Indirect Transfers and Taxation in India
The concept of indirect transfers has been a hot topic in India, especially following the landmark Vodafone case. An indirect transfer involves a situation where a foreign entity sells shares that derive their substantial value from assets located in a country different from the entity’s base. The tax implications of such transfers have led to significant debate and regulatory scrutiny.
Direct vs. Indirect Investment
When considering the different types of cross-border transactions, it is essential to distinguish between direct investments and indirect transfers to understand the tax obligations in India:
1. An Indian company investing in a foreign enterprise and paying taxes to the foreign country on the profits arising out of its investment: This represents a direct investment and is not related to the concept of an indirect transfer.
2. A foreign company investing in India and paying taxes to the country of its base on the profits arising out of its investment: Although this involves a foreign entity, it does not encapsulate the essence of an indirect transfer as the investment is direct.
3. An Indian company purchases tangible assets in a foreign country and sells such assets after their value increases, transferring the proceeds to India: This transaction is a direct international investment and does not involve the transfer of shares that derive their value from assets located in India.
The Case of Indirect Transfers Involving Indian Assets
4. A foreign company transfers shares and such shares derive their substantial value from assets located in India: This scenario is at the heart of the indirect transfer debate. When a foreign company transfers shares of another foreign company, and these shares are substantially valued based on Indian assets, the Indian tax authorities may claim a right to tax the capital gains from such a transfer.
Q. Which of the following activities constitute real sector in the economy?
1. Farmers harvesting their crops 2. Textile mills converting raw cotton into fabrics 3. A commercial bank lending money to a trading company 4. A corporate body issuing Rupee Denominated Bonds overseas
Select the correct answer using the code given below: a) 1 and 2 only b) 2, 3 and 4 only c) 1, 3 and 4 only d) 1, 2, 3 and 4 Correct Answer: a) 1 and 2 only
Question from UPSC Prelims 2022 GS Paper
Explanation :
Real Sector of the Economy
The real sector of the economy is integral to economic development and growth. It encompasses the production of goods and services, involving the actual physical creation of commodities. This sector utilizes natural resources, labor, and capital to meet human wants and needs. Key activities within the real sector include agriculture, manufacturing, construction, and mining.
Real Sector Activities
1. Farmers harvesting their crops – This activity falls under the agricultural sector, a vital part of the real sector, focusing on food production and raw materials. 2. Textile mills converting raw cotton into fabrics – This manufacturing process is a transformation of raw materials into finished goods, representing another essential aspect of the real sector.
Non-Real Sector Activities
3. A commercial bank lending money to a trading company – This is a financial sector activity, which deals with financial services rather than the production of goods. 4. A corporate body issuing Rupee Denominated Bonds overseas – Similar to banking, this is a financial activity aimed at raising capital in the financial markets, not producing goods or services.
In summary, the activities that are part of the real sector in the economy from the provided options are:
Q. With reference to the Indian economy, consider the following statements: 1. If the inflation is too high, Reserve Bank of India (RBI) is likely to buy government securities. 2. If the rupee is rapidly depreciating, RBI is likely to sell dollars in the market. 3. If interest rates in the USA or European Union were to fall, that is likely to induce RBI to buy dollars.
Which of the statements given above are correct? a) 1 and 2 only b) 2 and 3 only c) 1 and 3 only d) 1, 2 and 3 Correct Answer: b) 2 and 3 only
Question from UPSC Prelims 2022 GS Paper
Explanation :
Role of the Reserve Bank of India in the Indian Economy
The Reserve Bank of India (RBI) plays a pivotal role in managing the Indian economy, especially in terms of controlling inflation, stabilizing the currency, and influencing capital flows. Here we analyze three statements concerning the actions the RBI might take under different economic scenarios.
1. RBI’s Response to High Inflation
Contrary to the statement that the RBI is likely to buy government securities when inflation is too high, the central bank’s typical response is to sell these securities. Through open market operations (OMOs), selling government securities helps to absorb liquidity from the market, which is essential in reducing the money supply and combating high inflation.
2. RBI’s Strategy Against Rupee Depreciation
The statement that the RBI is likely to sell dollars in the market if the rupee is rapidly depreciating is accurate. By selling dollars, the RBI increases the supply of the US currency while simultaneously boosting demand for the rupee, which can help to stabilize its value against other currencies.
3. RBI’s Actions in Response to Foreign Interest Rate Changes
The RBI may indeed buy dollars if interest rates in the USA or European Union were to fall. Lower interest rates in these economies could lead to increased capital flows into India, causing the rupee to appreciate. To maintain export competitiveness and prevent excessive currency strength, the RBI might intervene by purchasing dollars, thereby increasing its foreign exchange reserves.
In conclusion, the correct assessment of the RBI’s likely actions is “2 and 3 only.” The RBI would sell government securities to fight inflation and sell dollars to support a depreciating rupee, while it might buy dollars in response to an influx of foreign capital due to lower interest rates in the USA or EU.