Page 1

Index
Strengthening the Asia-Europe partnership 2
The distinct cry of an imperilled frontier 4
Year End Review -2019 of Ministry of Corporate Affairs 7
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Source : www.thehindu.com Date : 2019-12-16

STRENGTHENING THE ASIA-EUROPE PARTNERSHIP

Relevant for: International Relations | Topic: ASEM

On December 15 and December 16, I am chairing ASEM, the “Asia-Europe Meeting”. What
might seem to be a rather bureaucratic acronym, actually is a highly relevant event for our
continents. I had offered to host this meeting in Madrid when I was still Foreign Minister of Spain
and now I will be chairing it as European Union (EU) High Representative for Foreign Affairs and
Security Policy. It underlines my personal interest in the fast-moving continent that is Asia today.

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ASEM brings together 53 partners made up of the 28 EU member states, Norway, Switzerland
and the EU, and on the Asia side, 21 countries and the ASEAN secretariat. Together we
represent 55% of global trade, 60% of global GDP, 60% of the global population and 75% of
global tourism.

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Simply bringing countries together does not, of course, guarantee any results. But it creates
opportunities. In recent years, ASEM has become increasingly relevant and strategic. This
ASEM meeting will be an important opportunity to further strengthen cooperation between
Europe and Asia.
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There is a clear willingness from ASEM countries to engage on global issues and to take on
more responsibility — from supporting sustainable development, to rules-based global trade, to
information sharing on cross-border threats, to the prevention or peaceful resolution of conflicts.
ASEM has acquired a new rationale and momentum as a key platform to uphold and promote
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rules-based, multilateral approaches. In the challenging world of today, this kind of cooperation
and leadership is imperative.

In recent years, sustainable connectivity has been a key theme of our discussions – and will
continue to be so. The same goes for combating climate change. We adopted last week the EU
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Green Deal and made the ground-breaking commitment to make Europe the first climate-neutral
continent by 2050. But our ambition must be global and we need collective action. To safeguard
our planet and to promote sustainable development, cooperation with our Asian partners is key.
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In addition, we cooperate on the most pressing issues on the international agenda: the situation
on the Korean peninsula and in Rakhine State, the West Asia peace process, Iran and the wider
region, and efforts to bring peace to Afghanistan — to name just a few. We also work on the
need to uphold multilateralism, address security challenges, as well as promote gender equality
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and women’s empowerment.

During my mandate as High Representative, I will conduct EU foreign policy with realism and a
strong sense of partnership. And I want to work closer with our Asian partners on key priorities
such as our partnership with Africa, the Western Balkans, finding a solution to the situation in
Libya, or a peaceful resolution of the conflict in eastern Ukraine, on Iran and many more.

All of these issues will be discussed at our political meeting. But the real Asia-Europe meeting
happens every day: when students from our respective continents swap Europe for Asia, or
vice-versa, to study at university; when business transactions take place between European and
Asian companies — big or small; when we visit each others’ continents, either as tourists or as
friends, to take in the best that Asia and Europe have to offer; and when researchers from our
two continents put their minds together to work towards ground-breaking innovation.

At meetings like ASEM we create the environment and the conditions to enhance the
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connections we have between our societies and our citizens. This is the real goal of frameworks
such as ASEM. I look forward to doing this with Europe’s Asian partners and friends, during
ASEM in Madrid, and in the years to come. It’s time to translate Europe and Asia’s power into a
real partnership.

Josep Borrell is the present High Representative of the European Union

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Source : www.thehindu.com Date : 2019-12-16

THE DISTINCT CRY OF AN IMPERILLED FRONTIER

Relevant for: Indian Polity | Topic: Indian Constitution - Features & Significant Provisions related to The
Preamble, Union & its Territories and The Citizenship

The outburst against the Citizenship Amendment Bill, or CAB, (now an Act, or CAA) in the
Northeast has left many outside the region confounded. Unlike the objections to the CAA
everywhere else in the country — which is about the discriminatory and seeming Islam-phobia
attributes of the new law — they are bewildered that in the Northeast, CAB is seen as a threat to
survival. This inability of those outside the Northeast to see what the Northeast sees betrays to

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an extent an ignorance and an insensitivity to a stark reality small marginalised communities
there face.

The truth is, going by UNESCO’s definition of endangered languages, all of the 200 and more

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languages spoken in the Northeast, with the exception of Assamese and Bengali, are in the
vulnerable category. Even in the case of Assamese, though it is the language of the majority in
the State with about 15 million speakers (Census 2011), they are still a tiny minority when the
larger region of Bangladesh, Bengal and Assam is considered. Bengali speakers in Assam total
about 9 million (Census 2011); however, neighbouring Bangladesh alone has 164 million
speakers of the same language. The fear in Assam of being overwhelmed by an unceasing
S.
influx of people from Bangladesh therefore is nothing beyond legitimacy. This is a peculiar
situation often described as “a majority with a minority complex”; its consequences have
resurfaced in the region time and again, yet few take cognisance of it, perpetuating the
phenomenon.
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In Bhutan in the 1980s, when a lakh or so Nepali migrants were evicted from the country, and
even in the current Rohingya crisis, it is this same and largely ignored “population anxiety” that
lies at its roots.
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Bertil Lintner, Swiss journalist and author who has been very closely associated with the region,
has pointed out in a recent interview that the Rohingya crisis is nowhere near the popularly
projected binary of Muslim versus Buddhist. The ethnic Rakhines, numbering about two million
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in the Rakhine state — shared with the Rohingya — were the ones feeling the pressure of a
continuing population influx from Bangladesh, expanding the Rohingya population. That the
Myanmar government favoured the Rakhines was always obvious but it may be noted that the
crisis was precipitated when a previously unheard-of militant organisation, the Arakan Rohingya
Salvation Army, made a coordinated attack on 30 Myanmar police camps in August 2017. This
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major incident prompted the Myanmar government to begin its brutal ethnic cleansing campaign.

Even now, says Mr. Lintner, the presence of seven lakh Rohingya refugees in Bangladesh close
to the Chittagong Hill Tract, is making small ethnic Buddhist communities such as the Chakmas
and Marmas uneasy: they could become marginalised if the refugees were to be resettled
among them. These are tragedies that are indeed multi-layered but often only one is made
visible.

A closer look at the UNESCO classification of endangered languages will illuminate further the
Northeast’s reaction to the CAA. If a language is vulnerable because of the small size of the
number of speakers, it becomes more so if the language is spoken only in certain domains — for
instance at home, but not at schools and offices, etc. It becomes definitely endangered if parents
speak the language and children only know the language but do not speak it as mother tongue.
It becomes critically endangered if the grandparents’ generation speak the language, parents
know it but do not use it, and children do not know it any more.
 Page 5
Extinct languages are those languages which no longer have any speakers. In the UNESCO list,
several languages in the Northeast have already become extinct; many more are critically
endangered. As Ganesh N. Devy, cultural activist and the man behind the People’s Linguistic
Survey of India campaign, has said in an interview, when a language dies, a world view dies
with it. Under the circumstances, the response of the Northeast to the CAA, is not merely tribal
xenophobia as many have portrayed it to be with patronising condescension, but a desperate
survival throe.

Nari Rustomji, a bureaucrat known for his love of the region and who served there during India’s
troubled decades of Partition, sensed this mood with empathy. In his book, Imperilled Frontiers:
India’s North-eastern Borderlands, he observed that migration at a pace the host communities

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can absorb without detriment to their own social organisms is unlikely to cause problems.
Indeed, the ethnic and cultural diversity of the Northeast show that migrants and their integration
have always been a part of the historical reality of the region. Large scale and rapid influxes,
therefore, are the problem.

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Provoked and compelled by the imperial ambition of Burmese Konbaung ruler, King Bagyidaw,
whose army invaded and occupied Assam and Manipur starting 1819, the British intervened and
took over Assam (which then was virtually the entire Northeast with the exception of Tripura and
Manipur) and formally annexed it in 1826 after the signing of the Treaty of Yandabo to make it a
part of its Bengal province. Manipur was left as a protectorate state. As Assam was at the time
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unfamiliar with British colonial administration and education, educated Hindu Bengalis from
neighbouring Sylhet became the favoured agents to fill the colonial bureaucracy and carry
forward the colonial project. It is from this position of power, that Hindu Bengalis dominated
Assam’s political as well as cultural spheres, at one point even having Bengali declared the
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official language of Assam on the plea the latter is a dialect of the former. This was predicted to
ultimately provoke a reaction from the Assamese middle class as it came of age. There was also
the Muslim Bengali peasantry which migrated to Assam, but those who arrived before politics in
India began polarising on religious lines, found it much easier to assimilate and adopt the
Assamese identity.
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When Assam was separated from Bengal and made a separate chief commissioner’s province
in 1874 and then in 1912 after Curzon’s 1905 partition of Bengal was withdrawn, a reluctant
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Sylhet which felt it was better off as part of Bengal, came to be affiliated with the new province.
At the time of Partition, the equation changed and Sylhet’s chance of remaining with India was
for it to be treated as a part of Assam. The then Assamese leadership refused this as Assam
would then have become Bengali majority. Sylhet had to face a referendum separately and by a
thin Muslim majority was awarded to Pakistan. The current migration issue is also a
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consequence of this bitter politics of antagonism of the past. Nobody is perfectly innocent or
guilty in this sordid drama, and the way forward has to be on the path of truth and reconciliation
that Nelson Mandela showed.

Pradip Phanjoubam is a senior journalist and author based in Imphal

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Source : www.pib.nic.in Date : 2019-12-16

YEAR END REVIEW -2019 OF MINISTRY OF

CORPORATE AFFAIRS
Relevant for: Developmental Issues | Topic: Government policies & interventions for development in various
Sectors and issues arising out of their design & implementation incl. Housing

Ministry of Corporate Affairs

Year End Review -2019 of Ministry of Corporate Affairs

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Several initiatives taken for providing Ease of Doing
Business to law abiding corporates

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Creation of Institution of a robust Insolvency & Bankruptcy
framework S.
Posted On: 15 DEC 2019 11:21AM by PIB Delhi

In pursuance to objective of providing greater “ Ease of Doing Business” to all stakeholders, bring
about greater transparency in corporate structure and fostering better Corporate compliance so as
to enhance the efficiency of the processes under Companies Act ,2013 , the Ministry of Corporate
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Affairs ( MCA) has taken several landmark initiatives / decisions during last one year ( January-
November ,2019) .

India has improved its ranking on the World Bank’s “Doing Business” 2020 report. As per the
report, India has moved up 14 positions to 63rd position as compared to 77th position in 2018.
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India’s leap of 14 ranks in the Ease of Doing Business ranking is significant considering that there
has been continuous improvement since 2015 and for the third consecutive year India is amongst
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the top 10 improvers. Ministry of Corporate Affairs has contributed towards insolvency resolution.
As per the latest Report in the Resolving Insolvency Index, India’s ranking jumped 56
places to 52 in 2019 from 108 in 2018. Recovery rate increased from 26.5% in 2018 to 71.6%
in 2019 and time taken in recovery improved from 4.3 years in 2018 to 1.6 years in 2019.

A number of steps to provide Ease of Doing Business to law abiding corporates have been
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implemented by the Ministry in the recent past, which are as follows :

● Integrated Incorporation Form - Simplified Proforma for Incorporating Company

Electronically (SPICe) introduced which extends 8 services (CIN, PAN, TIN, DIN, Name,
EPFO, ESIC and GSTN) from three Ministries through a single form.
● De-criminalization of technical & procedural violations under Companies Act and
reducing the burden on criminal courts & NCLT by shifting 16 offences sections to
monetary penalty regime vide Companies (Amendment )Bill , 2019 notified on 31st
July ,2019
● Government Process Re-Engineering by Introducing “RUN – Reserve Unique Name” web
service for name reservation for companies & LLPs, Re-engineering the Process of
allotment of Director Identification Number (DIN), Zero MCA fee for company incorporation
up to Rs 15 lakh authorized capital, Condonation of Delay Scheme (CODS) 2017.
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● Revised De-Minimis exemption under Competition Act 2002 for speeding up Mergers &
Acquisitions of companies in the country.
● Introduction by CCI of an automatic system of approval for combinations under
Green Channel. Under this process, the combination is deemed to have been
approved upon filing the notice in the prescribed format. This system would
significantly reduce time and cost of transactions.
● Exemptions from various provisions of Companies Act to Private companies,
Government Companies, Charitable companies, Nidhis and IFSC (GIFT city)
companies.

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● Provisions relating to issue of shares with Differential Voting Rights (DVRs) modified
with the objective of enabling promoters of Indian companies to retain control of their
companies in their pursuit for growth and creation of long-term value for
shareholders, even as they raise equity capital from global investors.

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● Enabling provisions with regard to Mediation and Conciliation under the Companies
Act, 2013 enforced.
● Harmonising norms with SEBI by reducing the time limits of public offers so that
investors get securities within three days of application instead of earlier six days
● Import of section 232(6) of the Act has been clarified which would result into harmonisation
of practices in ascertaining the “appointed date” of merger/amalgamation and provide due
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clarity on the accounting treatment, thereby allowing stakeholders to align the “appointed
date” of merger/amalgamation in accordance with their business considerations or legal
requirements. This would also contribute significantly in the ease of Doing Business.
● Provisions relating to creation of Debenture Redemption Reserve (DRR) revised with
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the objective of deepening the bond market & reducing the cost of capital by:

● removing the requirement for creation of a DRR of 25% of the value of outstanding
debentures in respect of listed companies, NBFCs registered with RBI and for Housing
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Finance Companies registered with National Housing Bank (NHB) both for public issue as
well as private placements;
Reduction in DRR for unlisted companies from the present level of 25% to 10% of the
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outstanding debentures.
● Launched Independent Director’s Databank to provide an easy to access & navigate
platform for the registration of existing Independent Directors as well as individuals
aspiring to become independent directors.
Setting up Central Registration Centre for name reservation and incorporation of companies
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& LLPs within 1-2 days as opposed to an average of at least 15 days earlier.
● During the last three years more than 1,25,000 companies have been incorporated every
year in the country in this manner, as compared to 50-60,000 companies in earlier years.
● Dematerialisation of Securities of Unlisted Public Companies
● Companies (Registered Valuers & Valuation) Rules
● Companies (Adjudication of Penalties) Rules amended making the process
transparent and non-discretionary.
● National Guidelines on Responsible Business Conduct
● Withdrawal of more than 14,000 prosecutions under the Companies Act, 2013.
● Rationalization of Related Party Transaction related provisions
● Initiation of Phase-II of Decriminalization of Penal provisions under Companies Act,
2013.
● First National CSR Awards distributed
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Steps taken for creation of an Institution of a robust Insolvency & Bankruptcy framework
are as follows:

● The Insolvency and Bankruptcy Code (Second Amendment) Bill, 2019 was introduced
in the Lok Sabha on 12th December,2019 . The Statement of objects and reasons of
the Bill states that a need was felt to give the highest priority in repayment to last
mile funding to corporate debtors to prevent insolvency , in case the company goes
into corporate insolvency resolution process or liquidation , to prevent potential

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abuse of the Code by certain classes of financial creditors , to provide immunity
against prosecution of the corporate debtor and action against the property of the
corporate debtor and successful resolution applicant subject to fulfilment of certain
conditions .

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● The Insolvency and Bankruptcy Code (Amendment) Bill, 2019 was passed by
Parliament and has come into effect from 16.8.2019. This amendment Bill provides for
the timely conclusion of cases, greater flexibility for corporate restructuring for
maximizing value of assets, protecting primacy of secured creditors and removing
voting deadlock of homebuyers, etc.
●
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The Insolvency and Bankruptcy (Insolvency and Liquidation Proceedings of Financial
Service Providers and Application to Adjudicating Authority) Rules, 2019 were issued
on 15th Nov, 2019 which provide a generic framework for insolvency and liquidation
proceedings of Financial Service Providers (FSPs) other than banks. The Rules apply
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to such FSPs or categories of FSPs, as will be notified by the Central Government
under section 227 from time to time in consultation with appropriate regulators, for
the purpose of their insolvency and liquidation proceedings. The Rules essentially
aim to serve as an interim mechanism to deal with any exigency pending introduction
of a full-fledged enactment (FRDI Bill) to deal with financial resolution of Banks and
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other systemically important financial service providers.

● Notification of clause (e) of section 2 of IBC was issued on 15th Nov, 2019 and
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enforced from 1st Dec, 2019 to extend the scope of the IBC by bringing the resolution
and bankruptcy of personal guarantors of corporate debtors under IBC. Insolvency
Resolution and Bankruptcy of personal guarantors under the IBC would complement
the insolvency resolution of the corporate debtor and put personal guarantors &
corporate guarantors on the same level playing field. It will bring much needed
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borrowing discipline and propel a cultural change in banking relationships.

● The Insolvency and Bankruptcy (Application to Adjudicating Authority for Insolvency
Resolution Process for Personal Guarantors to Corporate Debtors) Rules, 2019
& The Insolvency and Bankruptcy (Application to Adjudicating Authority for
Bankruptcy Process for Personal Guarantors to Corporate Guarantors) Rules, 2019
were issued on 15th Nov, 2019 and will be enforced from 1st Dec, 2019. The rules
provide for resolution for individuals under the Insolvency and Bankruptcy Code
(IBC) which is being implemented in a phased manner. The IBC envisages
reorganisation and insolvency resolution of corporate persons, partnership firms and
individuals in a time bound manner for maximisation of value of assets of such
persons, to promote entrepreneurship, availability of credit and balance the interests
of all stakeholders. The provisions of the IBC relating to corporate processes
(insolvency resolution, fast track resolution, liquidation and voluntary liquidation)
 Page 10
have since been operationalised. These Rules provide for the process and forms of
making applications for initiating insolvency resolution and bankruptcy proceedings
against personal guarantors to CDs, withdrawal of such applications, forms for public
notice for inviting claims from the creditors, etc.
● The Insolvency and Bankruptcy Code, 2016 was amended twice in 2018 to disqualify
undesirable persons from regaining control of companies undergoing resolution and to
balance the interests of various stakeholders in the Code, especially interests of home
buyers and micro, small and medium enterprises, promoting resolution over liquidation of
corporate debtor by lowering the voting threshold of committee of creditors and streamlining

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provisions relating to eligibility of resolution applicants
Achievements of Insolvency and Bankruptcy Code, 2016 (IBC) so far :

● Out of 21,136 applications filed :-

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● 9,653 cases involving a total amount of approx. Rs.3,74,931.30 Cr have been disposed off
at pre-admission stage of IBC.
● 2838 cases were admitted into Corporate Insolvency Resolution Process (CIRP) out of
which 306 cases are closed by appeal/review/withdrawn.
● In the 161 resolved cases, the realizable amount is Rs. 1,56,814 crore.
World Bank Doing Business Report 2020 - Resolving Insolvency Index :-
●

●
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India’s ranking jumped 56 places to 52 in 2019 from 108 in 2018.

● Recovery rate increased from 26.5% in 2018 to 71.6% in 2019.

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● Time taken in recovery improved from 4.3 years in 2018 to 1.6 years in 2019.

***
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