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Fisker Automotive was the largest investment ever for Kleiner Perkins. KPCB's John Doerr even invested his own personal capital. Why did Fisker fail and what did Kleiner miss?
Excerpt from an official bankruptcy document filed 11/22/13:Preliminary Statement1. The Debtors were founded in 2007 with the goal of designing, assembling, and manufacturing premium plug-in hybrid electric vehicles (“PHEVs”). To facilitate these efforts, the United States Department of Energy (“DOE”) arranged for loans to the Debtors from the Federal Financing Bank (the “FFB”) in an aggregate amount of up to approximately $530 million pursuant to the Advanced Technology Vehicles Manufacturing Incentive Program.2 The Debtors drew a total of approximately $192 million on these loans and also raised significant amounts of equity financing2 The Advanced Technology Vehicles Manufacturing Incentive Program was promulgated under section 136 of the Energy Independence and Security Act of 2007, Pub. L. 110-140, 121 Stat. 1492, 42 U.S.C. § 17013.2DOCS_DE:190465.1 28353/001from a wide range of venture capital, private equity, and sovereign wealth funds. Beginning in 2007, the Debtors established a global network of vendors, suppliers, distributors, and retailers, along with an international reputation for both their award-winning Karma sedan and their innovative hybrid electric powertrain technology. The Karma sedan is the world’s first environmentally responsible luxury PHEV and was the centerpiece of the Debtors’ prepetition manufacturing and sales efforts. The Debtors sold approximately 1,800 Karma sedans to individual buyers through a global network of independent retailers and distributors.2. Despite these accomplishments, the Debtors were unable to achieve certain financial covenants and project milestones embedded in their loan agreements with DOE. In particular, the Debtors’ loan agreements with DOE originally required the Debtors to produce, manufacture, and sell 11,000 Karma sedans by February 2012. But the Debtors were obliged to delay serial production of the Karma until October 2011 for a number of reasons, including completion of vehicle and manufacturing engineering, finalizing tooling and component specifications with the Debtors’ supply chain, and completing safety and emissions testing and certifications.3. Further, once serial production of the Karma began, vehicle sales failed to meet expectations. Factors affecting sales included negative press, initial quality and performance issues, lingering effects of the global financial recession, and challenges arising from the Debtors’ supply chain. For example, the high-voltage battery packs for the Karma, an essential component for any electric vehicle, and which were manufactured exclusively by A123 Systems, Inc.3 (“A123”), exhibited a number of performance problems. The Debtors initiated a voluntary safety recall for a small number of Karma vehicles almost immediately following the Karma’s 2011 launch relating to A123’s misalignment of internal hose clamps. A123 also announced a service campaign in3 A123 Systems, Inc. has since changed its name to B456 Systems, Inc.3DOCS_DE:190465.1 28353/001March 2012 relating to a manufacturing defect that affected the durability and performance of all battery packs manufactured at A123’s Livonia, Michigan facility. Moreover, A123 suspended Karma battery production in October 2012 when it sought bankruptcy protection.4 As a result, the Debtors were left without a high-voltage battery supplier, and the Debtors have not restarted Karma vehicle production since a previously scheduled seasonal shutdown commenced in July 2012.4. The Debtors have at all times been mindful of their commitments to stakeholders, their obligation to preserve and maximize value, and the public interest at issue here. To this end, and as discussed in greater detail below, the Debtors explored a series of alternatives to obtain financing to fulfill these commitments and to maximize stakeholder value, including with respect to DOE. Among other things, the Debtors sought additional equity and debt financing to refinance the DOE loan and provide additional working capital. More recently, the Debtors engaged with financial sponsors, original equipment manufacturers (“OEMs”), and other parties regarding astrategic investment or a going concern transaction. In this process, the Debtors retained experienced investment banking, financial, and restructuring advisors to facilitate their review, analysis, and development of potential alternatives.5 The Debtors also undertook steps to minimize costs and to preserve liquidity. These steps included, among other things, the difficult determination to conduct headcount reductions and to initiate nonpaid employee furloughs in the spring of 2013. Notwithstanding these efforts, the Debtors’ cash position continued to erode.5. To preserve and maximize value, the Debtors sought to implement a sale process in connection with a chapter 11 filing. Throughout the spring of 2013, the Debtors engaged in4 As discussed more fully below, A123 ultimately rejected its exclusive supply agreement with the Debtors effective as of February 2013.5 See infra Part II.C (discussing the Debtor’s prepetition restructuring efforts).4DOCS_DE:190465.1 28353/001substantial, good faith negotiations with DOE regarding the Debtors’ consensual use of its cash collateral to help fund a chapter 11 case and sale process. Despite significant efforts by the parties, these negotiations were ultimately unsuccessful, and DOE applied the approximately $20 million of cash that it controlled to the Debtors’ outstanding indebtedness.6. Since that time, the Debtors have operated with limited junior funding provided by related parties. The Debtors’ operations have remained curtailed, and headcount reductions have continued through both additional layoffs and voluntary attrition. The Debtors have also continued to engage in discussions and negotiations surrounding various restructuring transactions in an effort to maximize stakeholder value. Meanwhile, DOE conducted a public marketing and auction process for the purchase of its interests in the DOE loan pursuant to a competitive auction process. On October 7, 2013, an affiliate of Hybrid Tech Holdings, LLC emerged as the successful bidder, and the parties closed the loan purchase on November 22, 2013.7. Recognizing that this purchase would provide the Debtors with an opportunity to move forward, the Debtors entered into extensive arm’s-length discussions with Hybrid Tech Holdings, LLC (the “Purchaser”) and its affiliates regarding the Purchaser’s potential acquisition ofcertain of the Debtors’ assets through a credit bid of all or part of the DOE loan. These discussions culminated in the parties’ entry into a purchase agreement (the “Purchase Agreement”), as more fully described herein, pursuant to which the Purchaser would acquire substantially all the Debtors assets, with the remainder of the estates’ assets to be administered through a chapter 11 plan of liquidation. The Debtors have commenced these chapter 11 cases to facilitate a timely and efficient sale and plan process that will preserve and maximize the value of the Debtors’ estates.8. To familiarize the Court with the Debtors and the relief sought at the outset of these chapter 11 cases, this Declaration is organized in three parts. Part I provides an overview of the5DOCS_DE:190465.1 28353/001Debtors’ historical operations and capital structure. Part II describes the events leading up to the commencement of these chapter 11 cases. Part III sets forth the relevant facts supporting the relief requested by the First Day Motions.Part I: The DebtorsA. Overview of the Debtors’ Corporate History and Business Operations1. The Debtors’ History and Operations13. The Debtors were formed in 2007 with the goal of designing, engineering, and manufacturing premium PHEVs. To this end, the Debtors developed an electric vehicle with extended range, which they trademarked as “EVer.” The Debtors also established an international reputation as a leading developer of premium extended range PHEVs. The Debtors’ Karma sedan is the world’s first environmentally responsible luxury PHEV, and was developed by a highly skilled team of automotive designers and engineers located in the United States. The Karma sedan was also the centerpiece of the Debtors’ operations and won awards for excellence, innovation, and environmental responsibility from Time magazine (identifying the Karma as one of the “Green Design 100” in 2009), Top Gear Magazine (identifying the Karma as “Luxury Car of the Year” in 2011), and Automobile Magazine (identifying the Karma as “Design of the Year” in 2012).Fisker Vehicle DesignsKarma Sedan Atlantic Sedan (Concept)6DOCS_DE:190465.1 28353/00114. The Karma sedans were assembled by Valmet Automotive, Inc. (“Valmet”) in Uusikaupunki, Finland. The Debtors had planned, however, to build future vehicles at a company-owned and -operated assembly facility in the United States to improve volumes and to leverage their design, engineering, and technical expertise.15. To that end, in July 2010, the Debtors acquired a manufacturing facility covering approximately 3.2 million square feet located on approximately 142 acres at 801 Boxwood Road, Wilmington, Delaware (the “Delaware Facility”). The Debtors purchased the Delaware Facilitythrough the General Motors bankruptcy proceedings for a cash purchase price of approximately $21 million. The Delaware Facility is equipped with a number of technical and utility systems for automotive manufacturing, including a paint facility, powerhouse capability, a conveyor system, a wastewater treatment facility, and an emissions abatement system. The Debtors have not conducted active operations at that location.16. The Debtors obtained components and systems for the Karma’s assembly through a number of third-party supply relationships. For example, the Debtors had a licensing and tool use agreement with a General Motors affiliate. Through this relationship, the Debtors were able to purchase parts and components directly from suppliers that also sold to General Motors and use General Motors tooling to manufacture the parts or components. In addition, the Debtors relied on a number of “single source” suppliers for particular components. One such “single source” supplier was A123, whom the Debtors contracted with in January 2010 to act as the exclusive manufacturer of the Karma sedan’s high-voltage battery pack, as discussed more fully below.17. The Debtors began delivering the Karma sedan for sale to the general public in October 2011. This milestone was the culmination of the Debtors’ four-year effort to bring the Karma sedan from design, to concept car, to finished product ready for the showroom floor. The7DOCS_DE:190465.1 28353/001Karma sedan retailed for approximately $100,000 to $120,000, subject to consumer specifications and corresponding purchase price adjustments. The Debtors assembled approximately 2,700 Karma sedans, and approximately 1,800 Karma sedans have been sold to individual customers.18. The Debtors also planned to have another platform, the “N” or “Nina Platform,” which included the prototype Atlantic sedan. The Debtors made significant progress developing the N Platform, including entering into a number of additional supply and service agreements with third-party vendors and suppliers. These agreements included an engine purchase, supply, and development agreement with Bayerische Moteren Werke Aktiengesellschaft, or BMW. The Debtors first unveiled the Atlantic sedan at the April 2012 New York Auto Show, but have not engaged in active production of the Atlantic sedan or other N Platform derivatives.2. The Debtors’ Sales Network and Customers19. The Debtors sold the Karma sedan in the United States and Canada through a network of independent retailers located throughout the United States and Canada (each, a “Retailer”). In addition, the Debtors sold the Karma sedan in Europe, the Middle East, and China through local, independent distributors (each, a “Distributor”). Typically, Retailers and Distributors would purchase vehicles from the Debtors and then hold the vehicles for sale to the general public. A “Retail Agreement” or “Distributorship Agreement” typically governed each relationship among the parties.20. The Retail Agreements and Distributorship Agreements generally provided that the Retailers and Distributors would purchase vehicles directly from the Debtors and then hold those vehicles for sale in an assigned geographic territory. In certain circumstances, these Retailers and Distributors hold the right to compel the Debtors to repurchase their vehicles. Additionally, while the Retailers and Distributors bear primary responsibility for performing warranty repairs associated with sold vehicles, these warranty repairs may be subject to reimbursement from the Debtors.8DOCS_DE:190465.1 28353/0013. The Debtors’ Employees21. The Debtors currently employ approximately 21 full-time employees, located primarily at their Anaheim, California headquarters, and primarily tasked with engineering, product development, financial, and reporting functions. None of the Debtors’ employees are subject to a collective bargaining agreement. The Debtors’ current staffing level reflects significant headcount reductions and voluntary attrition in the period prior to these chapter 11 filings.4. Fisker GmbH22. Fisker Automotive GmbH (“Fisker GmbH”), a non-Debtor in these cases, was a wholly owned subsidiary of Fisker Automotive, Inc. organized under the laws of Germany. Fisker GmbH’s office was located in Munich, Germany, and provided international sales and marketing services to the Debtors. Fisker GmbH has no active operations.B. Overview of the Debtors’ Capital Structure23. As of the Petition Date, the Debtors had approximately $203.2 million in funded debt and related obligations outstanding, consisting of the DOE Facility, the SVB Working Capital Facility, the DEDA Loan, and the Related Party Notes (each as defined herein). As of the Petition Date, the Debtors’ funded debt obligations, excluding accrued interest, are summarized as follows:$ millionsDOE Facility $168.5SVB Working Capital Facility $6.6DEDA Loan $12.5Related Party Notes $15.6Total: $203.2In addition, the Debtors have obligations under a number of contractual and vendor-related agreements, including with respect to various prepetition supply and assembly agreements. These obligations are discussed in turn.9DOCS_DE:190465.1 28353/0011. The DOE Facilitya. The DOE Facility Generally24. Fisker Automotive, Inc., as borrower (“Fisker Automotive”), Fisker Automotive Holdings, Inc. (“Fisker Automotive Holdings”), and DOE are parties to that certain Loan Arrangement and Reimbursement Agreement, dated as of April 22, 2010 (the “DOE Loan Agreement”).6Pursuant to the DOE Loan Agreement, DOE agreed to, among otherthings:(a) arrange for purchases by the FFB of notes from Fisker Automotive in an amount not to exceed $169.3 million to fund the development, commercial production, sale and marketing, and all related engineering integration of the Debtors’ Karma sedan (the “Karma Lending Facility”); and(b) arrange for purchases by the FFB of notes from Fisker Automotive in an amount not to exceed $359.4 million to fund the development, commercial production, and sale and marketing of the Debtors’ Nina model automobile, now known as the Atlantic sedan, including the establishment and construction of an assembly and production site in the United States (the “Nina Lending Facility,” and, together with the Karma Lending Facility, the “DOE Facility”).7 Fisker Automotive Holdings unconditionally guaranteed obligations arising under the DOE Facility pursuant to that certain ParentGuarantee, dated as of April 22, 2010, made by Fisker Automotive Holdings in favor of DOE, FFB, and certain holders of notes. As discussed in detail below, on November 22, 2013, DOE sold its rights under the DOE Loan Agreement and certain related agreements to an affiliate of the Purchaser.6 See The Advanced Technology Vehicles Manufacturing Incentive Program, which was promulgated under section 136 of the Energy Independence and Security Act of 2007, Pub. L. 110-140, 121 Stat. 1492, 42 U.S.C.§ 17013.7 Pursuant to that certain Program Financing Agreement, dated as of September 16, 2009, between DOE and FFB, DOE is obligated to reimburse FFB for any liabilities, losses, costs, or expenses incurred by FFB from time to time with respect to the Notes or the related Note Purchase Agreement (each as defined in the DOE Loan Agreement).10DOCS_DE:190465.1 28353/00125. As of the Petition Date, the Debtors estimate that they had approximately $168.5 million in principal outstanding under the DOE Facility. Interest on the Karma Lending Facility is payable quarterly, bears interest at a weighted average interest rate of 2.00 percent, and was scheduled to mature on April 24, 2017. The Nina Lending Facility bears interest at a weighted average interest rate of 2.60 percent and was scheduled to mature on April 22, 2026. The DOE Loan Agreement further required the Debtors to achieve certain construction, production, manufacturing, and other milestones necessary for the completion of the Karma project and the Nina project, each by certain pre-established dates.26. Obligations arising under the DOE Facility are secured by a first priority lien on substantially all the Debtors’ assets, including personal and real property, pursuant to that certain Amended and Restated Pledge and Security Agreement, dated as of July 30, 2010 (the “Pledge andSecurity Agreement”), between Fisker Automotive and PNC Bank, N.A., d/b/a Midland Loan Services, a division of PNC Bank, N.A., as successor by merger to Midland Loan Services, Inc., as collateral agent (the “Collateral Agent”).827. In particular, DOE held an exclusive, first priority security interest in a debt service reserve account established pursuant to the DOE Loan Agreement (the “DOE Debt Service Reserve Account”), which was controlled by DOE. The DOE Debt Service Reserve Account formerly held approximately $20.6 million of cash. During the spring of 2013, the Debtors engaged in substantial, good-faith negotiations with DOE regarding the Debtors’ access to funds held in the DOE Debt Service Reserve Account. However, and despite significant efforts by the parties, these8 The collateral pledged to secure obligations arising under the DOE Facility specifically excludes, among other things, the Debtors’ rights to or interests in any lease, contract, property rights, agreement, or trademark if the grant of a security interests in such property would result in (a) the cancellation or unenforceability of the Debtors’ right or interest, or (b) a breach, default, or termination of any such property (collectively, the “Excluded Assets”).11DOCS_DE:190465.1 28353/001negotiations were ultimately unsuccessful, and DOE applied the funds held in the DOE Debt Service Reserve Account to the Debtor’s outstanding indebtedness in March 2013. As of the Petition Date, approximately $0 remains in the DOE Debt Service Reserve Account.b. Business Covenants Arising Under the DOE Loan28. In addition to traditional financial reporting, fixed charge, and EBITDA covenants, the DOE Loan Agreement imposed a number of milestones and obligations with respect to the Debtors’ business plan and performance. Among other things, the DOE Loan Agreement required the Debtors to: (a) achieve Karma sales of 11,000 units by February 29, 2012; (b) achieve an average Karma selling price of not less than $87,900 by that time; and (c) obtain $270.0 million of incremental equity financing by October 2010. The covenants and milestones provided under the DOE Loan Agreement materially affected the Debtors’ ability to pursue projects or transactions not contemplated by the business plan originally submitted to DOE in 2010.2. The SVB Working Capital Facility29. Fisker Automotive, as borrower, Fisker Automotive Holdings, as obligor, and Silicon Valley Bank (“SVB”), as lender, are parties to that certain Loan Agreement dated as of July 30, 2010 (the “SVB Loan Agreement”). The SVB Loan Agreement provided for a term loan facility and an asset-based revolving credit facility in the total amount of $21.0 million (the “SVB Working Capital Facility”). As of the Petition Date, a term loan of approximately $6.6 million remains outstanding on the SVB Working Capital Facility, and SVB is no longer providing the Debtors funding under the SVB Loan Agreement. The SVB Working Capital Facility has a weighted average interest rate of 9.00 percent and was scheduled to mature on July 30, 2014.99 Pursuant to correspondence dated April 5, 2013, SVB has taken the position that an event of default occurred under the SVB Loan Agreement on account of an unpaid principal and interest payment due on April 1, 2013.12DOCS_DE:190465.1 28353/00130. Pursuant to the Pledge and Security Agreement, obligations arising under the SVB Working Capital Facility are also secured by a lien on substantially all the Debtors’ personal property.10 However, the collateral securing the SVB Working Capital Facility excludes, among other things, cash held in the DOE Debt Service Reserve Account and the Delaware Facility.3. The DEDA Agreementsa. The DEDA Loan Agreement31. Fisker Automotive, Fisker Automotive Holdings, and the Delaware Economic Development Authority (“DEDA”), a body corporate and politic constituted as an instrumentality of the State of Delaware, are parties to that certain Loan and Security Agreement dated as of December 10, 2010 (the “DEDA Loan Agreement”). The DEDA Loan Agreement provided for a$12.5 million interest-free loan (the “DEDA Loan”) to the Debtors,11 the proceeds of which were to be used to fund the Debtors’ infrastructure improvements and upgrades at the Delaware Facility.12 As of the Petition Date, approximately $12.5 million remains outstanding under the DEDA Loan, which was scheduled to mature June 1, 2015.32. Obligations arising under the DEDA Loan are secured by a security interest in substantially all the Debtors’ personal and real property, including the Delaware Facility, although such collateral excludes the cash held in the DOE Debt Service Reserve Account and the Excluded10 On July 30, 2010, Fisker Automotive, Fisker Automotive Holdings, and the Collateral Agent, on behalf of DOE and SVB, entered into that certain Amended and Restated Collateral Agency Agreement, which created certain payment priorities between the DOE and SVB with respect to proceeds from different pools of collateral securing the Debtors’ obligations to DOE and SVB.11 The DEDA Loan Agreement was entered-into by the DEDA pursuant to the Delaware Strategic Fund Program, 29 Del. C. §§ 5027–29 (the “Delaware Fund Program”).12 The DEDA Loan Agreement provides that, subject to Fisker Automotive satisfying certain conditions set forth in the DEDA Loan Agreement relating to the employment of full-time employees and capital expenditures at the Delaware Facility, on or after June 1, 2015, up to the full amount of the DEDA Loan could convert to a grant. As of the date hereof, these milestones have not been achieved.13DOCS_DE:190465.1 28353/001Assets.13 On December 10, 2010, Fisker Automotive, Fisker Automotive Holdings, and DOE entered into that certain Third Amendment to the DOE Loan Agreement (the “Third Amendment”) requiring the Debtors to establish a collateral reserve account (the “DEDA Reserve Account”) withthe Collateral Agent. DOE controls the DEDA Reserve Account and has the power to direct the Collateral Agent to disburse funds held in the DEDA Reserve Account. DOE used this power shortly after its seizure of the cash in the DOE Debt Service Reserve Account to also sweep the cash in the DEDA Reserve Account. Thus, approximately $0 remains in the DEDA Reserve Account as of the Petition Date.b. The DEDA Grant33. Fisker Automotive and DEDA are also parties to that certain Grant Agreement dated as of December 10, 2010 (the “DEDA Grant”), pursuant to which DEDA granted up to $9.0 million to Fisker Automotive under the Delaware Fund Program to be used to offset utility costs incurred while the Debtors renovated and upgraded the Delaware Facility. Payments under the DEDA Grant were disbursed to Fisker Automotive from time to time as needed to reimburse the Debtors for “Eligible Utility Costs,” which are generally defined by the DEDA Grant to cover certain utility costs incurred during the renovation of the Delaware Facility. DEDA provided approximately $7.5 million in funding pursuant to the DEDA Grant, but is no longer providing the Debtors with additional funding. All or a portion of the DEDA Grant will convert to an interest-free loan upon the occurrence of certain conditions, including the Debtors’ failure to employ at least 1,495 full-time13 As discussed more fully in the Motion of the Debtors for Entry of Interim and Final Orders (I) Authorizing Postpetition Financing, (II) Granting Liens and Providing Superpriority Administrative Expense Priority, (III) Authorizing Use of Cash Collateral, (IV) Granting Adequate Protection, (V) Modifying the Automatic Stay, and (VI) Scheduling a Final Hearing Pursuant to Sections 105, 361, 362, and 364(c) of the Bankruptcy Code and Bankruptcy Rules 2002, 4001, and 9014 (the “DIP Motion”), the DEDA Subordination Agreement (as defined therein) subordinates DEDA’s interest in the collateral to those of DOE and SVB.14DOCS_DE:190465.1 28353/001employees at the Delaware Facility on March 1, 2015, or upon the occurrence of an event of default under the DEDA Loan Agreement.4. The Related Party Notes34. Commencing on April 16, 2013, the Debtors received approximately $15.6 million in financing on an unsecured basis through a series of promissory notes and loan agreements (collectively, the “Related Party Notes”) entered into by the Debtors and certain related parties,including Ace Strength International Limited, FAH Loan Purchase Fund, LLC, GSR Principals Fund IV, L.P., GSR Special Situation I Limited, GSR Ventures IV, L.P., JR Holdings IV, Ltd., and SugarPine Kids Trust and certain of their respective Affiliates. The Related Party Notes bear interest at a fixed rate of 10% per annum and were used to fund prepetition working capital needs and for other prepetition general corporate purposes. The Related Party Notes mature on the later to occur of (a) the sale, transfer, or disposition of all or substantially all the Debtors’ assets; (b) the Debtors’ dissolution or liquidation; or (c) 12 months from the date of the applicable promissory note, unless terminated earlier pursuant to their terms.5. Other Claims35. The Debtors’ capital structure also includes certain claims that may be secured by either security agreements or statutory or possessory liens. For example, Valmet holds certain work in progress and other inventory and has asserted its right to liquidate this inventory to satisfy claims that may be owing to Valmet. The Debtors are also parties to a number of supply and assembly agreements that give rise to substantial obligations on account of such agreements, including obligations relating to accounts payable, material authorizations and suspended shipments, and obligations for the settlement of certain volume-related charges under the Valmet Agreement, although analysis of such obligations remains ongoing. In addition, the Debtors are subject to a significant level of litigation and collection proceedings pending as of the Petition Date.15DOCS_DE:190465.1 28353/0016. Equity36. The Debtors are privately held. Fisker Automotive Holdings is owned by a diverse group of venture capital, private equity, and sovereign wealth funds, as well as private individuals. The Debtors’ equity capital consists of common stock and seven series of convertible preferred stock. Fisker Automotive Holdings, in turn, owns 100 percent of the shares in Fisker Automotive.Part II: Events Leading to the Chapter 11 Cases37. Since their inception, the Debtors pursued a strategy committed to the design, development, engineering, and production of high performance and environmentally responsible PHEVs. This strategy was reflected by the Debtors’ loan agreements, through which the Debtors were obliged to, among other things, achieve sales in excess of 11,000 vehicles less than 5 years from their initial inception and to employ approximately 1,500 full-time employees in automobile manufacturing here in the United States. The Debtors’ ability to achieve their original sales and production goals, however, was limited by a combination of negative press, lingering effects of the global financial recession, unforeseen business disruptions, and liquidity shortfalls, among other factors.A. Challenging Operating Environment38. The Debtors, like most OEMs, were responsible for the overall engineering, design, and development of the Karma sedan. In this process, the Debtors leveraged the expertise of a wide range of suppliers and service providers to complete the engineering work and to manufacture the thousands of parts and components necessary to complete each Karma sedan. In addition, and as noted above, Karma assembly was contracted to Valmet under the Valmet Agreement—although, the Debtors’ business plan contemplated that assembly operations could ultimately be brought “in house.” As a result, Karma production remained dependent on the seamless interaction of suppliers located across North America, Europe, and Asia.16DOCS_DE:190465.1 28353/00139. Building the Fisker platform, supply chain, and network of Retailers and Distributors from scratch ultimately delayed the initial Karma launch from 2009 until 2011. This delay created significant challenges with respect to the Debtors’ February 2012 deadline to sell more than 11,000 Karma sedans at an average selling price of $87,900, as required by the DOE Loan Agreement.14 The Debtors further believe that sales were adversely affected by negative press with respect to Karma performance, their existing liquidity position, and the A123 battery recall.40. In particular, these challenges were exacerbated by severe complications arising from the Debtors’ relationship with A123. As noted above, A123 was formerly the exclusive high-voltage battery pack manufacturer for the Karma sedan. The Debtors encountered a number of issues with the performance of the A123 battery packs almost immediately following the Karma’s launch in October 2011. At or about that time, the Debtors conducted a voluntary safety recall to check and correct a potential misalignment of internal hose clamps within the battery packs. In March 2012, A123 announced a voluntary service campaign to replace all Karma battery packs because of a faulty manufacturing process at A123’s production facility in Livonia, Michigan, that affected the expected performance and durability of the battery packs—the problem that caused a Karma sedan to shutdown during testing by Consumer Reports.41. A123 did not complete the service campaign and later suspended its production of Karma battery packs.15 As a result, the Debtors were left with approximately a $48.7 million warranty claim against A123’s bankruptcy estate and no supply of high-voltage battery packs to14 As noted above, approximately 1,800 Karma sedans have been sold to individual customers.15 A123 sought bankruptcy protection in October 2012 and, following its acquisition by Wanxiang Group Corp. in January 2013, rejected its battery pack supply agreement with the Debtors.17DOCS_DE:190465.1 28353/001continue Karma production.16 Facing these challenges, the Debtors have not restarted Karma production following a previously scheduled seasonal shutdown that began in July 2012.42. The Debtors suffered an additional loss on October 29, 2012, when Hurricane Sandy and its related windstorms, storm surges, and floods, destroyed approximately 338 Karma sedans located at the port in Newark, New Jersey. These vehicles represented substantially all of Fisker’s then-available Karma inventory in the United States. The Debtors’ insurance carriers denied coverage for the loss. After filing suit, the Debtors settled their coverage claims for an amount far less than the approximately $30 million wholesale value of the destroyed vehicles in order to avoid the risk and cost of protracted litigation with their insurance carriers.B. Prepetition Covenant Defaults and Capital-Raising Efforts43. As noted above, the DOE Loan Agreement required the Debtors to achieve various performance milestones, including the Debtors’ obligation to sell 11,000 Fisker sedans by February 29, 2012. Fisker did not achieve certain of these milestones in light of, among other things, the performance challenges discussed above. The Debtors’ operating position was further complicated in 2011 when DOE informed the Debtors that it would not honor future disbursement requests under the DOE Facility, and since that time DOE has ceased all funding under the DOE Facility. The Debtors subsequently engaged in good faith negotiations with DOE regarding modification or waiver of certain conditions imposed by the DOE Loan Agreement, through which the Debtors agreed to raise additional equity capital to fund operations and improve the Debtors’ overall capitalization. Since DOE suspended its funding commitments in 2011, the Debtors raised16 On April 17, 2013, the United States Bankruptcy Court for the District of Delaware approved the Debtors’ stipulation with A123 settling the Debtors’ claims against A123—the approximately $48.7 million warranty claim and a $91.2 million contract damages claim—for approximately $15 million. In re A123 Sys., Inc., No. 12-12859 (Bankr. D. Del. Oct. 16, 2012) [Docket No. 1467]. The Debtors subsequently sold their warranty claim, and, pursuant to their settlement, the Debtors’ $91.2 million contract damages claim was disallowed.18DOCS_DE:190465.1 28353/001approximately $500 million of new capital in three separate equity raises while continuing negotiations with DOE.C. Prepetition Restructuring Efforts44. Commencing in early 2012, the Debtors began exploring strategic alternatives with respect to their business and operations. To facilitate this process, the Debtors retained Evercore Group L.L.C. (“Evercore”) on two separate occasions to explore strategic alliances, junior equityinvestment opportunities, or, potentially, a going-concern sale transaction with one or more parties with respect to the Debtors’ business. Evercore’s initial efforts led to the exchange of several letters of intent between the Debtors and a major automotive OEM with a respect to a potential strategic alliance. Despite substantial negotiations, including meetings with the Debtors’ management, the parties were ultimately unable to agree to a transaction and terminated further discussions in July 2012.45. The Debtors then reengaged Evercore in December 2012 to search more broadly, and in early 2013 Evercore engaged a worldwide universe of more than 50 prospective strategic and financial investors through a structured process designed to publicize the opportunity and induce interest in a transaction. Again, management was actively involved with discussions with potentially interested parties, and approximately thirteen parties executed non-disclosure agreements and accessed an extensive electronic data room. Of these parties, two submitted preliminary non-binding proposals; however, the Debtors were again unable to reach definitive agreements with any of the potential purchasers, due to the Debtors’ inability to, among other things: (a) secure additional financing to fund a potential sale transaction; (b) reach an agreement with DOE regarding the consensual use of cash collateral to fund a potential chapter 11 case; and (c) secure third-party financing to fund a potential chapter 11 sale process.19DOCS_DE:190465.1 28353/00146. The Debtors then sought to market their assets for sale in three discrete groups, with the goal of reaching agreements with one or more bidders that would serve as stalking horses for a sale process in chapter 11 that would be funded by either DOE or third parties. Based on information gleaned from their interactions in the prior processes, Evercore re-solicited interest on this basis from fifteen parties. Again, however, the Debtors were unable to reach definitive agreements with any parties, again, largely due to funding issues.47. In addition to these efforts to locate a transaction partner, the Debtors also took substantial additional steps over the past year to address their liquidity position and preserve operational stability as much as reasonably possible. The Debtors engaged financial advisors that facilitated the Debtors’ efforts to preserve liquidity, while permitting executive management to continue to focus on the Debtors’ overall business plan and strategic alternatives. The financial advisors, in conjunction with the Debtors’ management team and Evercore, continued to negotiate with DOE to provide for the Debtors’ continued access to liquidity on a prepetition basis. Similarly, the Debtors implemented a cash preservation plan that facilitated the Debtors’ efforts to maintain liquidity as they continued to explore strategic alternatives.48. Despite their extensive efforts to preserve cash and execute on a restructuring transaction outside a chapter 11 process, no transaction with investors or purchasers materialized, and the Debtors’ liquidity position continued to deteriorate. As a result, the Debtors made the difficult decision to implement nonpaid employee furloughs and a series of headcount reductions, including voluntary attrition, beginning during the spring of 2013.49. The Debtors continued to explore potential strategic alternatives, but were unsuccessful until their universe of available restructuring alternatives materially shifted in mid-2013 when DOE commenced a marketing and auction process for its interests under the DOE20DOCS_DE:190465.1 28353/001Loan Agreement. The DOE auction process commenced on September 17, 2013, when DOE publicized its plan to sell its interests through a competitive auction. The Debtors actively facilitated diligence and engaged with DOE throughout this process, and it is my understanding that DOE received over twenty written expressions of interest in performing due diligence and participating in the auction process. I further understand that those expressing interest were contacted by DOE’s financial advisor, Houlihan Lokey Capital, Inc. (“Houlihan”), and over half of the potentiallyinterested parties executed non-disclosure agreements with DOE and the Debtors. Approximately half of these potentially interested parties that executed non-disclosure agreements ultimately submitted binding bids before the October 7, 2013 bid deadline, and I further understand that Houlihan conducted the final, live phase of the auction on October 11, 2013. An affiliate of the Purchaser was the successful bidder, and the parties closed the loan purchase on November 22, 2013.50. Recognizing that the DOE marketing and auction process would provide the Debtors with an opportunity to move forward with their restructuring process, the Debtors entered into extensive arm’s-length discussions with the Purchaser regarding the Purchaser’s potential acquisition of certain of the Debtors’ assets through a credit bid of all or part of the DOE loan. These discussions culminated in the parties’ entry into the Purchase Agreement described below.D. The Proposed Sale51. Contemporaneously herewith, the Debtors filed a motion (the “Sale Motion”) seeking authorization of a sale, pursuant to the Purchase Agreement, of substantially all of the Debtors’ assets to the Purchaser free and clear of all claims, liens, and other encumbrances pursuant to section 363 of the Bankruptcy Code in exchange for, among other things: (a) $75 million in the form of a credit bid of claims owned by the Purchaser under the DOE loan; (b) the Purchaser’s agreement to waive $4 million of claims held by the Purchaser or its affiliates under the Debtors’21DOCS_DE:190465.1 28353/001proposed postpetition financing;17 and (c) the assumption of customary liabilities in accordance with the Purchase Agreement. In addition, the Purchaser has committed to support the Debtors’ proposed chapter 11 plan by, among other things, funding up to $725,000 in creditor distributions pursuant to the Plan, each as set forth more fully in the Purchase Agreement.52. In evaluating the benefits and issues associated with another marketing process, the Debtors determined that a sale to a third party other than the Purchaser was highly unlikely to generate greater value than the Debtors’ proposed sale transaction or advisable under the facts and circumstances of these chapter 11 cases. Specifically, as the Debtors’ senior secured lender, the Purchaser holds approximately $168.5 million in claims secured by substantially all of the Debtors’ assets. As a result, I believe the Purchaser holds an overwhelming advantage in any prospective sale process. Thus, given that a competitive auction process or pursuing a potential transaction with an entity other than the Purchaser would be highly unlikely to increase value for the Debtors’ estates—particularly given the extensive prepetition marketing efforts conducted by both the Debtors and DOE prior to the date hereof—the Sale Motion seeks approval of a private sale. The Debtors believe that a private sale will maximize value for the benefit of all creditors and clear the way for the Debtors to expeditiously complete these chapter 11 cases.E. Chapter 11 Plan Process53. The Debtors intend to file their proposed chapter 11 plan promptly after the commencement of these cases. Generally, the Debtors seek to utilize proceeds from the Purchase Agreement, the Purchaser’s additional undertakings to fund creditor recoveries, and their remaining assets to administer these chapter 11 estates, fund creditor recoveries, and bring these chapter 1117 As set forth more fully in the DIP Motion, the Purchaser is also an affiliate of the Debtors’ proposed DIP lender.22DOCS_DE:190465.1 28353/001cases to a prompt conclusion. The Debtors further anticipate seeking approval of their related disclosure statement and plan confirmation in the near term.
Do you think UPSC is always beyond the lakhs of aspirants and 1000s of coaching institutes in term of paper setting?
Thank you for A2A.Yes and No both . UPSC PRELIMS is beyond 1000 coaching institutes who do not understand the demand and nature of exam and lakhs of aspirants who blindly depend on them.But UPSC PRELIMS is most predictable and safe exam if you understand it . I myself has proved by clearing all 6 prelims back to back with huge margins( 145- GS1).Let me explain YOU (Ladies and Gentlemen)This is the breakup of subjects this yearHere only 20 were pure current affairs. Other 12 were contemporary topics and were 1 year old so can’t be categorized as current affairs directly. Thus the bulk of questions came from Static and FundamentalsSantosh Sir Prediction before exam :Now read what I had predicted before exam.I had categorically suggested that this year they will focus on Fundamentals and static. Reading and following websites and mugging up stupid compilations will be a waste of time.I had asked to read newspapers , the Hindu .Most of questions are picked from The Hindu like the species one ,etcMy subject distribution was also close.Which section in the prelims 2019 is expected to give more questions according to the trend?I request you go through all my posts and see how relevant they were for PRELIMS 2019.I had strictly warned not to read bulky govt scheme compilation , it was suicidal . I had suggested only few . And I was bang on - only one scheme came which i had suggested Atal innocation mission.1. In India,'extended producer responsibility' was introduced as an important feature in which of the following?(a) The Bio-medical Waste (Management and Handling) Rules, 1998(b) The Recycled plastic (Manufacturing and Usage) Rules, 1999(c) The e-Waste (Management and Handling) Rules, 2011(d) The Food Safety and Standard Regulations, 2011My Topic List 3.5 Important topics from environment “ Extended Producer Responsibility”2.Under Ramsar Convention, it is mandatory on the part of the Government of India to protect and conserve all the wetlands in the territory of India.3. The Wetlands (Conservation and Management) Rules, 2010 were framed by the Government of India based on the recommendations of Ramsar Convention.3. The Wetlands (Conservation and Management) Rules, 2010 also encompass the drainage area or catchment regions of the wetlands as determined by the authority.Which of the statements given above is / are correct?(a) 1 and 2 only(b) 2 and 3 only(c) 3 only(d) 1, 2 and 3My Topic List Important topics from environment : Ramsar Wetland3.As per law, the Compensatory Afforestation Fund Management and Planning Authority exists at both National and State levels.2. People's participation is mandatory in the compensatory afforestation programmes carried out under the Compensatory Afforestation Fund Act, 2016.Which of the statements given above is / are correct?(a) 1 only(b) 2 only(c) Both 1 and 2(d) Neither 1 nor 2CAMPA Compensatory afforestationMy Topic List Important topics from environment: CAMPA4. In the context of which one of the following are the terms 'pyrolysis and plasma gasification' mentioned?(a) Extraction of rare earth elements(b) Natural gas extraction technologies(c) Hydrogen fuel-based automobiles(d) Waste-to-energy technologiesMy Topic List : Waste to energy5. In India, the use of carbofuran, methyl parathion, phorate and triazophos is viewed with apprehension. These chemicals are used as(a) pesticides in agriculture(b) preservatives in processed foods(c) fruit-ripening agents(d) moisturising agents in cosmeticsMy Topic List 3.5 Important topics from environment:: Stockhom-Persistant Organic Pollutatnt5. Why is there a great concern about the 'microbeads' that are released into environment?(a) They are considered harmful to marine ecosystems.(b) They are considered to cause skin cancer in children.(c) They are small enough to be absorbed by crop plants in irrigated fields.(d) They are often found to be used as food adulterants.My Topic List 3.5 Important topics from environment: Dead Zones in Ocean6. Consider the following statements about Particularly Vulnerable Tribal Groups (PVTGs) in India:1. PVTGs reside in 18 States and one Union Territory.2. A stagnant or declining population is one of the criteria for determining PVTG status.3. There are 95 PVTGs officially notified in the country so far.4. Irular and Konda Reddi tribes are included in the list of PVTGs.Which of the statements given above are correct?(a) 1, 2 and 3(b) 2, 3 and 4(c) 1, 2 and 4(d) 1, 3 and 4My Topic List Important Environment Topics :PVTGs in A&N( Tribes)7. Which of the following are the reasons for the occurrence of multi-drug resistance in microbial pathogens in India?1. Genetic predisposition of some people2. Taking incorrect doses of antibiotics to cure diseases3. Using antibiotics in livestock farming4. Multiple chronic diseases in some peopleSelect the correct answer using the code given below.(a) 1 and 2(b) 2 and 3 only(e) 1, 3 and 4(d) 2, 3 and 4My Topic List Important Anti Microbial Resistance and Policy8. With reference to Mian Tansen, which one of the following statements is not correct?(a) Tansen was the title given to him by Emperor Akbar.(b) Tansen composed Dhrupads on Hindu gods and goddesses.(c) Tansen composed songs on his patrons.(d) Tansen invented many Ragas.9. Consider the following statements:1. Saint Nimbarka was a contem-porary of Akbar.2. Saint Kabir was greatly influenced by Shaikh Ahmad Sirhindi.Which of the statements given above is/are correct?(a) 1 only(b) 2 only(c) Both 1 and 2(d) Neither 1 nor 2My Topic lis :Kabir and Akbar10. Consider the following statements:1. Most of India's external debt is owed by governmental entities.2. All of India's external debt is denominated in US dollars.Which of the statements given above is / are correct?(a) 1 only(b) 2 only(c) Both 1 and 2(d) Neither 1 nor 2Debt11. Which one of the following is not the most likely measure the Government/RBI takes to stop the slide of Indian rupee?(a) Curbing imports of non-essential goods-and promoting exports(b) Encouraging Indian borrowers to issue rupee denominated Masala Bonds(c) Easing conditions relating to external commercial borrowing(d) Following an expansionary monetary policyRBI steps to check currency devaluation12. In the context of India, which of the following factors is/are contributor/ contributors to reducing the risk of a currency crisis?1. The foreign currency earnings of India's IT sector2. Increasing the government expenditure3. Remittances from Indians abroadSelect the correct answer using the code given below.(a) 1 only(b) 1 and 3 only(c) 2 only(d) 1, 2 and 3Answer: bCurrency Crisis13. Which of the following is issued by registered foreign portfolio investors to overseas investors who want to be part of the Indian stock market without registering themselves directly?(a) Certificate of Deposit(b) Commercial Paper(c) Promissory Note(d) Participatory NoteP notes14.1. No High Court shall have the jurisdiction to declare any central law to be constitutionally invalid.2. An amendment to the Constitution of India cannot be called into question by the Supreme Court of India.Which of the statements given above is / are correct?(a) 1 only(b) 2 only(c) Both 1 and 2(d) Neither 1 nor 2My Topic List : Amendments15. Building 'Kalyaana Mandapas' was a notable feature in the temple construction in the kingdom of(a) Chalukya(b) Chandela(c) Rashtrakuta(d) VijayanagaraVijayanagar empire (Themes part II) (chap 6)16. Atal Innovation Mission is set up under the(a) Department of Science and Technology(b) Ministry of Employment(c) NITI Aayog(d) Ministry of Skill Development and EntrepreneurshipMt Topic List : AIM17.1.The 44th Amendment to the Constitution of India introduced an Article placing the election of the Prime Minister beyond judicial review.2. The Supreme Court of India struck down the 99th Amendment to the Constitution of India as being violative of the independence of judiciary.44th AmendmentWhich of the statements given above is/are correct?(a) 1 only(b) 2 only(c) Both 1 and 2(d) Neither 1 nor 2Amendments and HC18. Purchasing Power Parity (PPP) exchange rates are calculated by comparing the prices of the same basket of goods and services in different countries.2. In terms of PPP dollars, India is the sixth largest economy in the world.Which of the statements given above is / are correct?(a) 1 only(b) 2 only(c) Both 1 and 2(d) Neither 1 nor 2GDP -PPP19. With reference to the Constitution of India, prohibitions or limitations or provisions contained in ordinary laws cannot act as prohibitions or limitations on the constitutional powers under Article 142. It could mean which one of the following?(a) The decisions taken by the Election Commission of India while discharging its duties cannot be challenged in any court of law.(b) The Supreme Court of India is not constrained in the exercise of its powers by laws made by the Parliament.(c) In the event of grave financial crisis in the country, the President of India can declare Financial Emergency without the counsel from the Cabinet.(d) State Legislatures cannot make laws on certain matters without the concurrence of Union Legislature.Advisory Jurisdiction20.1. As per recent amendment to the Indian Forest Act, 1927, forest dwellers have the right to fell the bamboos grown on forest areas.2. As per the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006, bamboo is a minor forest produce.3. The Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 allows ownership of minor forest produce to forest dwellers.Which of the statements given above is / are correct?(a) 1 and 2 only(b) 2 and 3 only(c) 3 only(d) 1, 2 and 3FRA 200621. In the context of polity, which one of the following would you accept as the most appropriate definition of liberty?(a) Protection against the tyranny of political rulers(b) Absence of restraint(c) Opportunity to do whatever one likes(d) Opportunity to develop oneself fullyLiberty22. Consider the following statements:1. The 44th Amendment to the Constitution of India introduced an Article placing the election of the Prime Minister beyond judicial review.2. The Supreme Court of India struck down the 99th Amendment to the Constitution of India as being violative of the independence of judiciary.Which of the statements given above is/are correct?(a) 1 only(b) 2 only(c) Both 1 and 2(d) Neither 1 nor 244th amendment23. The- motion to impeach a Judge of the Supreme Court of India cannot be rejected by the Speaker of the Lok Sabha as per the Judges (Inquiry) Act, 1968.2. The Constitution of India defines and gives details of what Constitutes 'incapacity and proved misbehaviour' of the Judges of the Supreme Court of India.3. The details of the process of impeachment of the Judges of the Supreme Court of India are given in the Judges (Inquiry) Act, 1968.4. If the motion for the impeachment of a Judge is taken up for voting, the law requires the motion to be backed by each House of the Parliament and supported by a majority of total membership of that House and by not less than two-thirds of total members of that House present and voting.Which of the statements given above is/are correct?(a) 1 and 2(b) 3 only(c) 3 and 4 only(d) 1, 3 and 4Judges removal24. Asiatic Lion Conservation Project ( endangered, canine distemper virus, Gir, Pania sanctuary)25. What is common to the places known as Aliyar, Isapur and Kangsabati?(a) Recently discovered uranium deposits(b) Tropical rain forests(c) Underground cave systems(d) Water reservoirsAnswer: DIndian Major Dams- New dams26. Under which Schedule of the Constitution of India can the transfer of tribal land to private parties for mining be declared null and void?(a) Third Schedule(b) Fifth Schedule(c) Ninth Schedule(d) Twelfth Schedule27. The Ninth Schedule was introduced in the Constitution of India during the prime ministership of(a) Jawaharlal Nehru(b) Lal Bahadur Shastri(c) Indira Gandhi(d) Morarji DesaiSchedules28. In the context of which of the following do some scientists suggest the use of cirrus cloud thinning technique and the injection of sulphate aerosol into stratosphere?(a) Creating the artificial rains in some regions(b) Reducing the frequency and intensity of tropical cyclones(c) Reducing the adverse effects of solar wind on the Earth(d) Reducing the global warmingClimate engineering –carbon capture, Bio char, stratospheric aerosol injection29. Consider the following:1. Deification of the Buddha2. Treading the path of Bodhisattvas3. Image worship and ritualsWhich of the above is/are the feature/ features of Mahayana Buddhism?(a) 1 only(b) 1 and 2 only(c) 2 and 3 only(d) 1, 2 and 3My Topic list :Buddhism features30.The Environment Protection Act, 1986 empowers the Government of India to1. state the requirement of public participation in the process of environmental protection, and the procedure and manner in which it is sought2. lay down The standards for emission or discharge of environmental pollutants from various sourcesWhich of the statements given above is/ are correct?(a) 1 only(b) 2 only(c) Both 1 and 2(d) Neither 1 nor 2My topic List :EPA31.1. The Parliament (Prevention of Disqualification) Act, 1959 exempts several posts from disqualification on the grounds of 'Office of Profit'.2. The above-mentioned Act was amended five times.3. The term 'Office of Profit' is well-defined in the Constitution of India.Which of the statements given above is/are correct?(a) 1 and 2 only(b) 3 only(c) 2 and 3 only(d) 1, 2 and 3My Topic List Polity : Office of profitoffice of Profit32.1.According to the Indian Patents Act, a biological process to create a seed can be patented in India.2. In India, there is no Intellectual Property Appellate Board.3. Plant varieties are not eligible to be patented in India.Which of the statements given above is/are correct?(a) 1 and 3 only(b) 2 and 3 only(c) 3 only(d) 1, 2 and 3My Topic List :Indian Patent and Farmer right33.In the context of wearable technology, which of the following tasks is/are accomplished by wearable devices?1. Location identification of a person2. Sleep monitoring of a person3. Assisting the hearing impaired personSelect the correct answer using the code given below.(a) 1 only(b) 2 and 3 only(c) 3 only(d) 1, 2 and 3My topic List :Cyber Physical System34.Recently, scientists observed the merger of giant 'blackholes' billions of light-years away from the Earth. What is the significance of this observation?(a) 'Higgs boson particles' were detected.(b) 'Gravitational waves' were detected.(e) Possibility of inter-galactic space travel through 'wormhole' was confirmed.(d) It enabled the scientists to understand 'singularity'.My topic List :Gravitational waves35.Consider the following pairs:Movement/OrganizationLeader1. All India Anti-Untouchability LeagueMahatma Gandhi2. All India Kisan SabhaSwami Sahajanand Saraswati3. Self-Respect MovementE. V. Ramaswami NaickerWhich of the pairs given above is/are correctly matched?(a) 1 only(b) 1 and 2 only(c) 2 and 3 only(d) 1, 2 and 3My topic List :Self-respect movement37. Consider the following pairs:SeaBordering country1. Adriatic SeaAlbania2. Black SeaCroatia3. Gaspian SeaKazakhstan4. Mediterranean SeaMorocco5. Red SeaSyriaWhich of the pair given above are correctly matched?(a) 1, 2 and 4 only(b) 1, 3 and 4 only(c) 2 and 5 only(d) 1, 2, 3, 4 and 5My Topic List :black Sea and Mediterranean Sea-38. With reference to the Legislative Assembly of a State in India, consider the following statements :1. The Governor makes a customary address to Members of the House at the commencement of the first session of the year .2. When a State Legislature does not have a rule on a particular matter, it follows the Lok Sabha rule on that matter.Which of the statements given above is/ are correct?(a) 1 only(b) 2 only(c) Both 1 and 2(d) Neither 1 nor 239. With reference to Indian National Movement, consider the following pairs:PersonPosition held1. Sir Tej Bahadur SapruPresident, All India Liberal Federation2. K. C. NeogyMember, The Constituent Assembly3. P. C. JoshiGeneral Secretary, Communist Party of IndiaMy Topic List :Constituent assemblySantosh Sir Elimination Techniques:Can you share your intelligent guessing tricks?40 . With reference to Asian Infrastructure Investment Bank (AIIB), consider the following statements1. AIIB has more than 80 member nations.2. India is the largest shareholder in AIIB.3. AIIB does not have any members from outside Asia.Which of the statements given above is / are correct?(a) 1 only(b) 2 and 3 only(c). 1 and 3 only(d) 1, 2 and 3Answer: aHere statement 2 and statement 3 can be eliminated because they are extreme. You can read what I had advised in my intelligent guessing tricks.41. What was the purpose of Inter-Creditor Agreement signed by Indian banks and financial institutions recently?(a) To lessen the Government of India's perennial burden of fiscal deficit nd current account deficit(b) To support the infrastructure projects of Central and State Governments(c) To act as independent regulator in case of applications for loans of Rs. 50 crore or more(d) To aim at faster resolution of stressed assets of Rs. 50 crore or more which are-under consortium lendingAnswer: dHere option c and d can only be the answer as they are common.42. The Chairmen of public sector banks are selected by the(a) Banks Board Bureau(b) Reserve Bank of India(c) Union Ministry of Finance(d) Management of concerned bankAnswer: cTopic List : Banking bsics43. Consider the following statements:1. Petroleum and Natural Gas Regulatory Board (PNGRB) is the first regulatory body set up by the Government of India.2. One of the tasks of PNGRB is to, ensure competitive markets for gas.3. Appeals against the decisions of PNGRB go before the Appellate Tribunals for Electricity.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 3Answer: bHere also extreme statement like First in option 1 can be eliminated. Thus we get the answer.44. With reference to communication technologies, what is/are the difference / differences between LTE (Long-Term Evolution) and VoLTE (Voice over Long-Term Evolution)?1. LTE 'is commonly marketed as 3G and VoLTE is commonly marketed as advanced 3G.2. LTE is data-only technology and VoLTE is voice-only technology.Select the correct answer using the code given below.(a) 1 only(b) 2 only(c) Both 1 and 2(d) Neither 1 nor 2Answer: dTopic List : 5G 4 G.45. Which one of the following is not a sub-index of the World Bank's 'Ease of Doing Business Index'?(a) Maintenance of law and order(b) Paying taxes(c) Registering property(d) Dealing with construction permitsAnswer: aHere option a is unrelated to the question , thus can be eliminated easily. Other 3 deals with doing business.Some indirect Topics46.The Chairmen of public sector banks are selected by the(a) Banks Board Bureau(b) Reserve Bank of India(c) Union Ministry of Finance(d) Management of concerned bankBanking basics:47.Which of the following is not included in the assets of a commercial bank in India?(a) Advances(b) Deposits(e) Investments(d). Money at call and short noticeMy Topic list :Banking48. With reference to the cultivation of Kharif crops in India in the last five years, consider the following statements:1. Area under rice cultivation is the highest.2. Area under the cultivation of jowar is more than that of oilseeds.3. Area of cotton cultivation is more than that of sugarcane.4. Area under sugarcane cultivation has steadily decreased.Which of the statements given above are correct?(a) 1 and 3 only(b) 2, 3 and 4 only(c) 2 and 4 only(d) 1, 2, 3 and 449. Consider the following statements:A digital signature is1. an electronic record that identifies the certifying authority issuing it2. used to serve as a proof of identity of an individual to access information or server on Internet.3. an electronic method of signing an electronic document and ensuring that the original content is unchangedWhich of the statements given above is / are correct?(a) 1 only(b) 2 and 3 only(c) 3 only(d) 1, 2 and 3Answer: dMy Topics list - Digital India51. Which of the following statements are correct about the deposits of 'methane hydrate?1. Global warming might trigger the release of methane gas from these deposits.2. Large deposits of 'methane hydrate' are found in Arctic Tundra and under the seafloor.3. Methane in atmosphere oxidizes to carbon dioxide after a decade or two.Select the correct answer using the code given below.(a) 1 and 2 only(b) 2 and 3 only(c) 1 and 3 only(d) 1, 2 and 3My topic List : Climate change and oceans and Deep Ocean Mining.There are many more which I didn’t include because they were indirect.My point here is if you understand the nature and demand of exam , its easy. I have done it not once but six times . You can also do it.But you have to cut the clutter. If you read and follow unnecessary online stuff daily which UPSC will never ask , you are bound to lose as your precious time will get wasted.For free mains guidance :( AsksantoshSir- telegram)We are starting mains guidance in a week . I will continue guiding you in this journey . But always remember
How are laws created in India? How can they be changed without going into politics, etc.? Is there a straightforward process like filing an RTI?
creation of laws is a long process,we will discuss it a.s.a. i answer the last question RTI is for asking an information either required or necessary to concerned govt. or semi govt. authority. this information could be denied on some grounds such as related to national security,patents,a person`s personal life etc.also by way of filing a RTI you can`t change or amend a law.b/c it just a way of getting information and nothing else, yes it might be helpful in exposing certain wrongdoings by govt. or semi govt. officials.now we will return to law making there are 3 lists under indian constitution which are enumerated in 7th schedule.these lists deals with subjects on which central govt.,state govt. or both could make laws,rules,ordnances,bylaws,orders etc.the 3 lists are as follows -union listThe items are:01. Defence of India and every part thereof including preparation for defence and all such acts as may be conducive in times of war to its prosecution and after its termination to effective demobilisation.02. Naval, military and air forces; any other armed forces of the Union.2A. Deployment of any armed forces of the Union or any other force subject to the control of the Union or any contingent or unit thereof in any State in aid of the civil power; powers, jurisdiction, privileges and liabilities of the members of such forces while on such deployment.03. Delimitation of [cantonment] areas, local self-government in such areas, the constitution and powers within such areas of cantonment authorities and the regulation of house accommodation (including the control of rents) in such areas.04. Naval, military and air force works.05. Arms, firearms, ammunition and explosives.06. Atomic energy and mineral resources necessary for its production.07. Industries declared by Parliament by law to be necessary for the purpose of defence or for the prosecution of war.08. Central Bureau of Intelligence and Investigation.09. Preventive detention for reasons connected with Defence, Foreign Affairs, or the security of India; persons subjected to such detention.10. Foreign affairs; all matters which bring the Union into relation with any foreign country.11. Diplomatic, consular and trade representation.12. United Nations Organisation.13. Participation in international conferences, associations and other bodies and implementing of decisions made thereat.14. Entering into treaties and agreements with foreign countries and implementing of treaties, agreements and conventions with foreign Countries.15. War and peace.16. Foreign jurisdiction.17. Citizenship, naturalisation and aliens.18. Extradition.19. Admission into, and emigration and expulsion from, India; passports and visas.20. Pilgrimages to places outside India.21. Piracies and crimes committed on the high seas or in the air; offences against the law of nations committed on land or the high seas or in the air.22. Railways.23. Highways declared by or under law made by Parliament to be national highways.24. Shipping and navigation on inland waterways, declared by Parliament by law to be national waterways, as regards mechanically propelled vessels; the rule of the road on such waterways25. Maritime shipping and navigation, including shipping and navigation on tidal waters; provision of education and training for the mercantile marine and regulation of such education and training provided by States and other agencies.26. Lighthouses, including lightships, beacons and other provision for the safety of shipping and aircraft.27. Ports declared by or under law made by Parliament or existing law to be major ports, including their delimitation, and the constitution and powers of port authorities therein.28. Port quarantine, including hospitals connected therewith; seamen's and marine hospitals.29. Airways aircraft and air navigation; provision of aerodromes; regulation and organisation of air traffic, and of aerodromes; provision for aeronautical education and training and regulation of such education and training provided by States and other agencies.30. Carriage of passengers and goods by railway, sea or air, or by national waterways in mechanically propelled vessels.31. Posts and telegraphs, telephones, wireless, broadcasting and other like forms of communication.32. Property of the Union and the revenue therefrom, but as regards property situated in a State subject to legislation by the State, save in so far as Parliament by law otherwise provides.33.Acquisition or requisitioning of property for the purposes of the Union34. Courts of wards for the estates of Rulers of Indian States.35. Public debt of the Union.36. Currency, coinage and legal tender; foreign exchange.37. Foreign loans.38. Reserve Bank of India.39. Post Office Savings Bank.40. Lotteries organised by the Government of India or the Government of a State.41. Trade and commerce with foreign countries import and export across customs frontiers definition of customs frontiers.42. Inter-State trade and commerce.43. Incorporation, regulation and winding up of trading Corporations, including banking, insurance and financial corporations but not including Co-operative Societies.44. Incorporation, regulation and winding up of corporations, whether trading or not, with objects not confined to one State, but not including universities.45. Banking.46. Bills of exchange, cheques, promissory notes and other like instruments.47. Insurance.48. Stock exchanges and futures markets.49. Patents, inventions and designs; copyright; trade-marks and merchandise marks.50. Establishment of standards of weight and measure.51. Establishment of standards of quality for goods to be exported out of India or transported from one State to another.52. Industries, the control of which by the Union is declared by Parliament by law to be expedient in the public interest.53. Regulation and development of oilfields and mineral oil resources; petroleum and petroleum products; other liquids and substances declared by Parliament by law to be dangerously inflammable.54. Regulation of mines and mineral development to the extent to which such regulation and development under the control of the Union is declared by Parliament by law to be expedient in the public interest.55. Regulation of labour and safety in mines and oil-fields.56. Regulation and development of inter-State rivers and river valleys to the extent to which such regulation and development under the control of the Union is declared by Parliament by law to be expedient in the public interest.57. Fishing and fisheries beyond territorial waters.58. Manufacture, supply and distribution of salt by Union agencies; regulations and control of manufacture, supply and distribution of salt by other agencies.59. Cultivation, manufacture, and sale for export, of opium.60. Sanctioning of cinematograph films for exhibition.61. Industrial disputes concerning Union employees.62. The institutions known at the commencement of this Constitution as the National Library, the Indian Museum, the Imperial War Museum, the Victoria Memorial and the Indian War Memorial, and any other like institution financed by the Government of India wholly or in part and declared by Parliament by law to be an institution of national importance.63. The institutions known at the commencement of this Constitution as the Benares Hindu University, the Aligarh Muslim University and the Delhi University; the University established in pursuance of Article 371-E; any other institution declared by Parliament by law to be an institution of national importance.64. Institutions for scientific or technical education financed by the Government of India wholly or in part and declared by Parliament by law to be institutions of national importance.65. Union agencies and institutions for -(a) professional, vocational or technical training, including the training of police officers; or(b) the promotion of special studies or research; or(c) scientific or technical assistance in the investigation or detection of crime.66. Co-ordination and determination of standards in institutions for higher education or research and scientific and technical institutions.67. Ancient and historical monuments and records, and archaeological sites and remains, declared by or under law made by Parliament to be of national importance.68. The Survey of India, the Geological, Botanical, Zoological and Anthropological Surveys of India; Meteorological organisations.69. Census.70. Union public services; all-India services; Union Public Service Commission.71. Union Pensions, that is to say, pensions payable by the Government of India or out of the Consolidated Fund of India.72. Elections to Parliament, to the Legislatures of States and to the offices of President and Vice-President; the Election Commission.73. Salaries and allowances of members of Parliament, the Chairman and Deputy chairman of the Council of States and the Speaker and Deputy Speaker of the House of the People.74. Powers, privileges and Immunities of each House of Parliament and of the members and the Committees of each House enforcement of attendance of persons for giving evidence or producing documents before committees of Parliament or commissions appointed by Parliament.75. Emoluments, allowances, privileges, and rights in respect of leave of absence, of the President and Governors salaries and allowances of the Ministers for the Union; the Salaries, allowances, and rights in respect of leave of absence and other conditions of service of the Comptroller and Auditor General.76. Audit of the accounts of the Union and of the States.77. Constitution, organisation, jurisdiction and powers of the Supreme Court (including contempt of such Court), and the fees taken therein persons entitled to practice before the Supreme Court.78. Constitution and organisation (including vacations) of the High Courts except provisions as to officers and servants of High Courts; persons entitled to practice before the High Courts.79. Extensions of the jurisdiction of a High Court to, and exclusion of the jurisdiction of a High Court from any Union territory.80. Extension of the powers and jurisdiction of members of a police force belonging to any State to any area outside that State, but not so as to enable the police of one State to exercise powers and jurisdiction in any area outside that State without the consent of the Government of the State in which such area is situated; extension of the powers and jurisdiction of members of a police force belonging to any State to railway areas outside that State.81. Inter-state migration; inter-State quarantine.82. Taxes on income other than agricultural income.83. Duties of customs including export duties.84. Duties of excise on the following goods manufactured or produced in India, namely:—(a) petroleum crude; (b) high speed diesel; (c) motor spirit (commonly known as petrol); (d) natural gas; (e) aviation turbine fuel; and (f) tobacco and tobacco products85. Corporation tax.86. Taxes on the capital value of the assets, exclusive of agricultural land, of individuals and companies; taxes on the capital of companies.87. Estate duty in respect of property other than agricultural land.88. Duties in respect of succession to property other than agricultural land.89. Terminal taxes on goods or passengers, carried by railway, sea or air; taxes on railway fares and freights.90. Taxes other than stamp duties on transactions in stock exchanges and futures markets.91. Rates of stamp duty in respect of bills of exchange, cheques, promissory notes, bills of lading, letters of credit, policies of insurance, transfer of shares, debentures, proxies and receipts.92. Omitted92A. Taxes on the sale or purchase of goods other than newspapers, where such sale or purchase takes place in the course of inter-State trade or commerce.92B. Taxes on the consignment of goods (whether the consignment is to the person making it or to any other person), where such consignment takes place in the course of inter-State trade or commerce.92C. Omitted93. Offences against laws with respect to any of the matters in this List.94. Inquiries, surveys and statistics for the purpose of any of the matters in this List.95. Jurisdiction and powers of all courts, except the Supreme Court, with respect to any of the matters in this List admiralty jurisdiction.96. Fees in respect of any of the matters in this List, but not including fees taken in any court.97. Any other matter not enumerated in List II or List III including any tax not mentioned in either of those Lists.these are the subjects on which only central legislature i.e. parliament or govt. can make laws and states can`t as these subjects are related to whole of country.now the second list i.e.state listPublic order (but not includingthe use of any naval, military or air force or any other armed force of the Union or of any other force subject to the control of the Union or of any contingent or unit thereof in aid of the civil power).Police (including railway and village police) subject to the provisions of Entry 2-A of List-I.Officers and servants of the High Court; procedure in rent and revenue courts; fees taken in all courts except the Supreme Court.Prisons, reformatories, Borstal institutions and other institutions of a like nature and persons detained therein; arrangements with other States for the use of prisons and other institutions.Local government, that is to say, the constitution and powers of municipal corporations, improvement trusts, district boards, mining settlement authorities and other local authorities for the purpose of local self-government or village administration.Public health and sanitation; hospitals and dispensaries.Pilgrimages, other than pilgrimages to places outside India.Intoxicating liquors, that is to say, the production, manufacture, transport, purchase and sale of intoxicating liquors.Relief for the disabled and unemployable.Burials and burial grounds; cremations and cremation grounds.Education including universities, subject to the provisions of entries 63, 64, 65 and 66 of List I and entry 25 of List III.<Libraries, museums and other similar institutions controlled or financed by the State; ancient and historical monuments and records other than those declared by or under law made by Parliament to be of national importance.Communications, that is to say, roads, bridges, ferries, and other means of communication not specified in List I; municipal tramways, ropeways, inland waterways and traffic thereon subject to the provisions of List I and List III with regard to such water-ways; vehicles other than mechanically propelled vehicles.Agriculture, including agricultural education and research; protection against pests and prevention of plant diseases.Preservation, protection and improvement of stock and prevention of animal diseases; veterinary training and practice.Ponds and the prevention of cattle trespass.Water, that is to say, water supplies, irrigation and canals, drainage and embankments, water storage and water power subject to the provisions of Entry 56 of List I.Land, that is to say, rights in or over land, land tenures including the relation of landlord and tenant, and the collection of rents; transfer and alienation of agricultural land; land improvement and agricultural loans; colonization.Forests.Protection of wild animals and birds.Fisheries.Courts of wards; subject to the provisions of Entry 34 of List I; encumbered and attached estates.Regulation of mines and mineral development subject to the provisions of List I with respect to regulation and development under the control of the Union.Industries subject to the provisions of Entries 7 and 52 of List I.Gas and gas-works.Trade and commerce within the State subject to the provisions of Entry 33 of List III.Production, supply and distribution of goods subject to the provisions of Entry 33 of List III.Markets and fairs.Weights and measures except establishment of standards.Money-lending and money-lenders; relief of agricultural indebtedness.Inns and inn-keepers.Incorporation, regulation and winding up of corporations, other than those specified in List I, and universities; unincorporated trading, literary, scientific, religious and other societies and associations; co-operative societies.Theatres and dramatic performances; cinemas subject to the provisions of Entry 60 of List I; sports, entertainments and amusements.Betting and gambling.Works, lands and buildings vested in or in the possession of the State.Acquisition or requisitioning of property, except for the purposes of the Union, subject to the provisions of entry 42 of List III.Elections to the Legislature of the State subject to the provisions of any law made by Parliament.Salaries and allowances of members of the legislature of the State, of the Speaker and Deputy Speaker of the Legislative Assembly and, if there is a Legislative Council, of the Chairman and Deputy Chairman thereof.Powers, privileges and immunities of the Legislative Assembly and of the members and the committees thereof and, if there is a Legislative Council, of that Council and of the members and the committees thereof; enforcement of attendance of persons for giving evidence or producing documents before committees of the Legislature of the State.Salaries and allowances of Ministers for the State.State public services; State Public Service Commission.State pensions, that is to say, pensions payable by the State or out of the Consolidated Fund of the State.Public debt of the State.Treasure trove.Land revenue, including the assessment and collection of revenue, the maintenance of land records, survey for revenue purposes and records of rights, and alienation of revenues.Taxes on agricultural income.Duties in respect of succession to agricultural land.Estate duty in respect of agricultural land.Taxes on lands and buildings.Taxes on mineral rights subject to any limitations imposed by Parliament by law relating to mineral development.Duties of excise on the following goods manufactured or produced in the State and countervailing duties at the same or lower rates on similar goods manufactured or produced elsewhere in India-(a) alcoholic liquors for human consumption(b) opium, Indian hemp and other narcotic drugs and narcoticsbut not including medicinal and toilet preparations containing alcohol or any substance included in sub-paragraph (b) of this entry.52. Omitted53. Taxes on the consumption or sale of electricity.54. Taxes on the sale of petroleum crude, high speed diesel, motor spirit (commonly known as petrol), natural gas, aviation turbine fuel and alcoholic liquor for human consumption, but not including sale in the course of inter-State trade or commerce or sale in the course of international trade or commerce of such goods55. Omitted56. Taxes on goods and passengers carried by road or on inland waterways.57. Taxes on vehicles, whether mechanically propelled or not, suitable for use on roads, including tram-cars subject to the provisions of Entry 35 of List III [Concurrent list].58. Taxes on animals and boats.59. Tolls.60. Taxes on professions, trades, callings and employments.61. Capitation taxes.62. Taxes on luxuries, including taxes on entertainments, amusements, betting and gambling.63. Taxes on entertainments and amusements to the extent levied and collected by a Panchayat or a Municipality or a Regional Council or a District Council.64. Offences against laws with respect to any of the matters in this list.65. Jurisdiction and powers of all courts, except the Supreme Court, with respect to any of the matters in this list.66. Fees in respect of any of the matters in this list, but not including fees taken in any court.these are the subjects on which though states have rights to make or amend already existing laws the are not exclusive as centre at the time of emergency or when two or more states make requests is empowered to make a law,such law can be amended by only parliament.now the last listconcurrent list1. Criminal law, including all matters included in the Indian Penal Code at the commencement of this Constitution but excluding offences against laws with respect to any of the matters specified in List I or List II and excluding the use of naval, military or air forces or any other armed forces of the Union in aid of the civil power.2. Criminal procedure, including all matters included in the Code of Criminal Procedure at the commencement of this Constitution.3. Preventive detention for reasons connected with the security of a State, the maintenance of public order, or the maintenance of supplies and services essential to the community; persons subjected to such detention.4. Removal from one State to another State of prisoners, accused persons and persons subjected to preventive detention for reasons specified in Entry 3 of this list.5. Marriage and divorce; infants and minors; adoption; wills, intestacy and succession; joint family and partition; all matters in respect of which parties in judicial proceedings were immediately before the commencement of this Constitution subject to their personal law.6. Transfer of property other than agricultural land; registration of deeds and documents.7. Contracts including partnership, agency, contracts of carriage, and other special forms of contracts, but not including contracts relating to agricultural land.8. Actionable wrongs.9. Bankruptcy and insolvency.10. Trust and Trustees.11. Administrators – general and official trustees.11-A. Administration of justice; constitution and Organisation of all courts, except the Supreme Court and the High Courts.12. Evidence and oaths; recognition of laws, public acts and records, and judicial proceedings.13. Civil procedure, including all matters included in the Code of Civil Procedure at the commencement of this Constitution, limitation and arbitration.14. Contempt of court, but not including contempt of the Supreme Court.15. Vagrancy; nomadic and migratory tribes.16. Lunacy and mental deficiency, including places for the reception or treatment of lunatics and mental deficients.17. Prevention of cruelty to animals.17-A. Forests.17-B. Protection of wild animals and birds.18. Adulteration of foodstuffs and other goods.19. Drugs and poisons, subject to the provisions of Entry 59 of List I with respect to opium.20. Economic and social planning.20-A. Population control and family planning.21. Commercial and industrial monopolies, combines and trusts.22. Trade unions; industrial and labour disputes.23. Social security and social insurance; employment and unemployment.24. Welfare of labour including conditions of work, provident funds, employers' liability, workmen's compensation, invalidity and old age pensions and maternity benefits.25. Education, including technical education, medical education and universities, subject to the provisions of Entries 63, 64, 65 and 66 of List I; vocational and technical training of labour.26. Legal, medical and other professions.27. Relief and rehabilitation of persons displaced from their original place of residence by reason of the setting up of the Dominions of India and Pakistan.28. Charities and charitable institutions, charitable and religious endowments and religious institutions.29. Prevention of the extension from one State to another of infectious or contagious diseases or pests affecting men, animals or plants.30. Vital statistics including registration of births and deaths.31. Ports other than those declared by or under law made by Parliament or existing law to be major ports.32. Shipping and navigation on inland waterways as regards mechanically propelled vessels, and the rule of the road on such waterways, and the carriage of passengers and goods on inland waterways subject to the provisions of List I with respect to national waterways.33. Trade and commerce in, and the production, supply and distribution of,-(a) the products of any industry where the control of such industry by the Union is declared by Parliament by law to be expedient in the public interest, and imported goods of the same kind as such products(b) foodstuffs, including edible oilseeds and oils(c) cattle fodder, including oilcakes and other concentrates(d) raw cotton, whether ginned or unginned, and cotton seed; and(e) raw jute.33-A. Weights and measures except establishment of standards.34. Price control.35. Mechanically propelled vehicles including the principles on which taxes on such vehicles are to be levied.36. Factories.37. Boilers.38. Electricity.39. Newspapers, books and printing presses.40. Archaeological sites and remains other than those declared by or under law made by Parliament to be of national importance.41. Custody, management and disposal of property (including agricultural land) declared by law to be evacuee property.42. Acquisition and requisitioning of property.43. Recovery in a State of claims in respect of taxes and other public demands, including arrears of land-revenue and sums recoverable as such arrears, arising outside that State.44. Stamp duties other than duties or fees collected by means of judicial stamps, but not including rates of stamp duty.45. Inquiries and statistics for the purposes of any of the matters specified in List II or List III.46. Jurisdiction and powers of all courts, except the Supreme Court, with respect to any of the matters in this List.47. Fees in respect of any of the matters in this List, but not including fees taken in any court.Transferred SubjectsThrough the 42nd Amendment Act of 1976 Five subjects were transferred from State to Concurrent List. They are:[6]EducationForestsWeights & MeasuresProtection of Wild Animals and Birds5. Administration of Justiceon these subjects both states and centre can make laws but central law on same subject is always given preferance over law made by state.now lawmaking in indialegislative proposals by either a member of council of minister or a mp or mla b4 either house of parliament or in case a state where only single house legislature exists in front of assembly.such bill of minister be called govt. bill and bill by mp or mla who isnot a part of council of minister be called as pvt. bill.a govt. bill has a high possibility of getting a nod as compared to pvt. member bill.3 stages - 1) 1st reading, 2)2nd reading , 3)3rd readingthen bill passed in each house, if this does not happens in case of bill in parliament and if the bill is not a money or constitution amendment bill the the bill could be referred for consideration of joint meeting of both houses of parliament, but in case of state with two houses this can`t happen as only assembly is enough powerful to pass the bill also there is no provision of joint sitting.then bill is passed to president for his approval he have 3 options eithergiving assent - which makes the bill a law.withholding assent - which kills the bill orsending the bill for reconsideration - if the bill again sent back to him with or w/o amendments the prez. must have to give the assent.after this if prez. had given his yes then the bill becomes an act and published in official gazette.how an act can be changed w/o getting into politics ?the supreme court is the upholder of constitution in india. it can declare a law void if it violated the basic structure of constitutionSupremacy of the ConstitutionRule of lawThe principle of Separation of PowersThe objectives specified in the Preamble to the ConstitutionJudicial ReviewArticles 32 and 226Federalism (including financial liberty of states under Articles 282 and 293)SecularismThe Sovereign, Democratic, Republican structureFreedom and dignity of the individualUnity and integrity of the NationThe principle of equality, not every feature of equality, but the quintessence of equal justice;The "essence" of other Fundamental Rights in Part IIIThe concept of social and economic justice — to build a Welfare State: Part IV in totoThe balance between Fundamental Rights and Directive PrinciplesThe Parliamentary system of governmentThe principle of free and fair electionsLimitations upon the amending power conferred by Article 368Independence of the JudiciaryEffective access to justicePowers of the Supreme Court under Articles 32, 136, 141, 142Legislation seeking to nullify the awards made in exercise of the judicial power of the State by Arbitration Tribunals constituted under an Act[7]Welfare statealso if the act violates the fundamental rights then either the aggrieved party of a person on his behalf can approach to either SC under article13 and 32.or the HC under article 13 and 226 for remedies.so most probable method is that filing a PIL before SC or HC.PIL - Public interest litigation in India - Wikipediasources -1)https://en.wikipedia.org/wiki/Lawmaking_procedure_in_India2)Federalism in India - Wikipedia3)Union List - Wikipedia4) https://en.wikipedia.org/wiki/State_List5) Concurrent List - Wikipedia
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