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GS Paper: GS2

  • KHADC to invite talks on Instrument of Accession

    The Khasi Hills Autonomous District Council (KHADC) in Meghalaya has called for a meeting of traditional heads to revisit the Instrument of Accession that made the Khasi domain a part of the Indian Union.

    About KHADC

    • KHADC is an autonomous district council in the state of Meghalaya in India.
    • It is one of the three autonomous district councils within Meghalaya, and one of twenty-five autonomous regions of India.
    • Meghalaya is divided into three regions dominated by as many matrilineal communities — the Khasis, Garos and Jaintias.
    • The Khasi hills straddle 25 Himas or States that formed the Federation of Khasi States.

    Why in news?

    • Some members of the KHADC agreed that the Instrument of Accession and Annexed Agreement signed with the Dominion of India between December 15, 1947 and March 19, 1948, should be studied.
    • The treaty was signed by Governor General of India, Chakravarti Rajagopalachari, on August 17, 1948.

    What is Instrument of Accession?

    • It was a legal document first introduced by the Government of India Act, 1935.
    • It was used in 1947 to enable each of the rulers of the princely states under British paramountcy to join one of the new dominions of India or Pakistan created by the Partition.
    • The instruments of accession executed by the rulers, provided for the accession of states to the Dominion of India (or Pakistan) on three subjects, namely, defence, external affairs and communications.

    Back2Basics: Autonomous District Council (ADC)

    • The Sixth Schedule of the Indian Constitution allows for the formation of autonomous administrative divisions which have been given autonomy within their respective states.
    • Most of these ADC are located in North East India with the exception of two in Ladakh and one in West Bengal.
    • Presently, 10 Autonomous Councils in Assam, Meghalaya, Mizoram and Tripura are formed by virtue of the Sixth Schedule with the rest being formed as a result of other legislations.

    Powers and competencies

    (1) Executive and legislative powers

    Under the provisions of the Sixth Schedule, ADCs can make laws, rules and regulations in the following areas:

    • Land management
    • Forest management
    • Water resources
    • Agriculture and cultivation
    • Formation of village councils
    • Public health
    • Sanitation
    • Village and town level policing
    • Appointment of traditional chiefs and headmen
    • Inheritance of property
    • Marriage and divorce
    • Social customs
    • Money lending and trading
    • Mining and minerals

    (2) Judicial powers

    • ADCs have powers to form courts.
    • They can hear cases where both parties are members of Scheduled Tribes (STs) and the maximum sentence is less than 5 years in prison.

    (3) Taxation and revenue

    • Autonomous district councils have powers to levy taxes, fees and tolls on: building and land, animals, vehicles, boats, entry of goods into the area, roads, ferries, bridges, employment and income and general taxes for the maintenance of schools and roads.

     

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  • Ex-NITI Aayog CEO Amitabh Kant is new G-20 Sherpa

    Former NITI Aayog CEO Amitabh Kant has been picked as India’s new Sherpa for the G-20.

    Who is a Sherpa (in IR context)?

    • A Sherpa is the personal representative of a head of state or government who prepares an international summit, particularly the annual G7 and G20 summits.
    • Between the G7 summits, there are multiple Sherpa conferences where possible agreements are laid out.
    • This reduces the amount of time and resources required at the negotiations of the heads of state at the final summit.
    • The name Sherpa—without further context—refers to Sherpa for the G7 summit, but the designation can be extended to different regular conferences where the participation of the head of state is required.
    • The Sherpa is generally quite influential, although they do not have the authority to make a final decision about any given agreement.

    Etymology

    • The name is derived from the Sherpa people, a Nepalese ethnic group, who serve as guides and porters in the Himalayas, a reference to the fact that the sherpa clears the way for a head of state at a major summit.
    • They are Tibetan Buddhists of the Nyingmapa sect, and have drawn much of their religious tradition from the Rongphu monastery, located at 16,000 feet on the north side of Mount Everest.

    About G20

    • Formed in 1999, the G20 is an international forum of the governments and central bank governors from 20 major economies.
    • Collectively, the G20 economies account for around 85 percent of the Gross World Product (GWP), 80 percent of world trade.
    • To tackle the problems or address issues that plague the world, the heads of governments of the G20 nations periodically participate in summits.
    • In addition to it, the group also hosts separate meetings of the finance ministers and foreign ministers.
    • The G20 has no permanent staff of its own and its chairmanship rotates annually between nations divided into regional groupings.

    Aims and objectives

    • The Group was formed with the aim of studying, reviewing, and promoting high-level discussion of policy issues pertaining to the promotion of international financial stability.
    • The forum aims to pre-empt the balance of payments problems and turmoil on financial markets by improved coordination of monetary, fiscal, and financial policies.
    • It seeks to address issues that go beyond the responsibilities of any one organization.

    Members of G20

    The members of the G20 consist of 19 individual countries plus the European Union (EU).

    • The 19 member countries of the forum are Argentina, Australia, Brazil, Canada, China, France, Germany, India, Indonesia, Italy, Japan, Mexico, Russia, Saudi Arabia, South Africa, South Korea, Turkey, United Kingdom and the United States.
    • The European Union is represented by the European Commission and by the European Central Bank.

    Its significance

    • G20 is a major international grouping that brings together 19 of the world’s major economies and the European Union.
    • Its members account for more than 80% of global GDP, 75% of trade and 60% of population.

    India and G20

    • India has been a member of the G20 since its inception in 1999.

     

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  • Legal and constitutional framework to deal with split in political party

    Context

    The recent split in Shiv Sena and the subsequent political slugfest in Maharashtra has brought into focus the legal and constitutional framework to deal with issues when a party splinters and rival factions assert themselves as the recognised political party.

    Culture of functioning political parties in India

    • What is a political party? A political party is an organised group of citizens who hold common views on governance and act as a political unit that seeks to obtain control of government with a view to further the agenda and policy they profess.
    • Political parties maintain a continuous connection between the people and those who represent them either in government or in the opposition.
    • Political parties in India are extra-constitutional, but they are the breathing air of the political system.
    • There are reportedly 2,598 registered political parties, eight national parties and 50 state parties.
    • The regulation of these parties and elections in the country is a crucial segment of India’s constitutional imagination.
    • Yet, the proliferation of political parties also means that established parties splinter.
    • A battle ensues for recognition of one faction or group as the recognised political party and securing the party symbol.

    Legal and Constitutional framework

    • There is a legal and constitutional framework to deal with issues when a party splinters and rival factions assert themselves as the recognised political party.
    • Article 324 of the Constitution provides that the superintendence, direction and control of elections is vested in the Election Commission.
    • Conduct of Election Rules, 1961, Rule 5 specifies that the Commission shall specify the symbols that may be chosen by candidates at elections in parliamentary or assembly constituencies and the restrictions to which their choice will be subject.
    • Choice and allotment of symbol: The Election Symbols (Reservation and Allotment) Order 1968 provides for the choice and allotment of symbols in Parliamentary and Assembly constituencies and for recognition of political parties and matters connected.
    • Power to recognise party from splinter group: Paragraph 15 of this Order specifies that the Commission has the power to recognise as the party, from amongst splinter groups or rival sections.

    Important case on recognition of faction

    • The classic case on recognition of a faction and accrual of the party symbol is Sadiq Ali v the Election Commission of India (1972). 
    • Here, the Supreme Court was confronted with the case of the Indian National Congress which had split into two factions.
    • The Commission ruled in favour of Congress (J) being the recognised political party and the case reached to the Supreme Court,
    • The SC relied on the figures presented to the Commission and found that a substantial majority of the members of the Congress in both its legislative wing as well as the organisational wing supported the Congress (J).
    • The SC concludes that “numbers have importance in a democratic system of government or political set up, and it is neither possible nor permissible to lose sight of them. Indeed, it is the view of the majority which in the final analysis proves decisive in a democratic set-up.”
    • It was also concludes that paragraph 15, which gives the Commission power to settle such disputes pertaining to symbols between factions of a party, is entirely legal, for this power accrues from Article 324 that creates the Commission and vests in it the power of superintendence over elections.

    Conclusion

    In India’s 72nd year as a constitutional democracy, the free and fair regulation of political parties by the Election Commission and the courts is a crucial part of our political success as a nation. The Supreme Court’s thoughtful judgment decades ago is a realisation of the importance accorded to judicial oversight of our political parties.

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  • Explained: Sub-categorizing OBCs

    The Centre has extended the tenure of The Commission to Examine Sub-categorisation of Other Backward Classes (OBCs) headed by Justice G Rohini, former Chief Justice of Delhi High Court.

    Why in news?

    • The Commission, constituted nearly five years ago, has got 10 extensions so far.
    • It now has a deadline until January 31 next year to submit its report.

    Who are the OBCs?

    • Other Backward Class is a collective term used to classify castes which are educationally or socially disadvantaged.
    • It is one of several official classifications of the population of India, along with General Class, Scheduled Castes and Scheduled Tribes (SCs and STs).
    • The OBCs were found to comprise 55% of the country’s population by the Mandal Commission report of 1980, and were determined to be 41% in 2006.

    What is the Sub-Categorization of OBCs?

    • The idea is to create sub-categories within the larger group of OBCs for the purpose of reservation.
    • OBCs are granted 27% reservation in jobs and education under the central government.
    • This has been a legal debate for other reservation categories too.
    • In September last year, a Constitution Bench of the Supreme Court reopened the debate on sub-categorization of SCs and STs for reservations.

    Establishment of Rohini Commission

    • Only a few affluent communities among the over 2,600 included in the Central List of OBCs have secured a major part of the reservation.
    • Sub-categories within OBCs would ensure “equitable distribution” of representation among all OBC communities.
    • It was to examine this that the Rohini Commission was constituted on October 2, 2017.

    What is the Commission’s brief?

    It was originally set up with three terms of reference:

    1. To examine the extent of inequitable distribution of benefits of reservation among the castes or communities included in the broad category of OBCs
    2. To work out for a scientific approach for sub-categorization within such OBCs
    3. To take up the exercise of identifying the respective castes or communities or sub-castes or synonyms in the Central List of OBCs
    4. To study the various entries in the Central List of OBCs and recommend correction of any repetitions, ambiguities, inconsistencies and errors of spelling or transcription.

    When was it meant to submit its report?

    • At the time it was set up, the Commission was given 12 weeks to submit its report, but has since been given 10 extensions.
    • There is a lot of work to be done.
    • The NCBC until December 2020, over Rs 1.92 crore had been spent on the Commission including salary, consultant fees and other expenses.

    What progress has it made so far?

    • The Commission is ready with the draft report on sub-categorization.
    • Among the challenges it has faced, one has been the absence of data for the population of various communities to compare with their representation in jobs and admissions.
    • The Commission proposed for a all-India survey to estimate caste-wise population of OBCs.
    • Since then the government has been silent on this, whereas groups of OBCs have been demanding enumeration of OBCs in the Census.

    What have its findings been so far?

    • In 2018, the Commission analysed the data of 1.3 lakh central jobs given under OBC quota over the preceding five years.
    • It examined OBC admissions to central higher education institutions, including universities, IITs, NITs, IIMs and AIIMS, over the preceding three years.

    The findings were:

    1. 97% of all jobs and educational seats have gone to just 25% of all sub-castes classified as OBCs;
    2. 95% of these jobs and seats have gone to just 10 OBC communities;
    3. 983 OBC communities — 37% of the total — have zero representation in jobs and educational institutions;
    4. 994 OBC sub-castes have a total representation of only 2.68% in recruitment and admissions.

    Conclusion

    • Thus it is visible that a small chunk of communities is enjoying almost the entire OBC reservation.
    • Hence it is a cause of worry and needs due cognizance at a larger level.

     

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  • A ‘no’ to pharma freebies

    Context

    The judgment by a two-judge Bench of the Supreme Court dismissed the Special Leave Petition by Apex Laboratories to claim deduction on freebies given to doctors.

    About the case

    •  In the said case, the company was giving out freebies to doctors in order for them to create awareness about a health supplement it was manufacturing called Zincovit.
    • Prohibited by the law: Upholding a decision by the Madras High Court, the Bench said that the act of pharmaceutical companies giving freebies to doctors is clearly ‘prohibited by the law’.
    • Further, it cannot be claimed as a deduction under Section 37(1) of the Income Tax Act, 1961.
    • The judge said that in the process of interpretation of the law, it is the responsibility of the court to discern the social purpose which the specific provision subserves.
    •  Invoking the principle of implied condition, the Court relied on the precedents in the case of P.V. Narasimha Rao (1998) 4 SCC 626 under the Prevention of Corruption Act, and Jamal Uddin Ahmad (2003) 4 SCC 257 under the Representation of the People Act.

    Immoral practice

    • Breach of trust: Laying emphasis on the fiduciary relationship between doctor and patient, the Court noted that a doctor’s prescription is considered as the final word on medication by the patient even if the cost of such medication is unaffordable.
    • In a situation where such trust is reposed in doctors, having prescriptions manipulated by the lure of freebies is immoral.
    • Driving up the cost of medicine: The Court was conscious that the cost of such freebies is factored in the cost of medicines sold, in turn driving up their prices and perpetuating a publicly injurious cycle.
    • This fact was taken note of by the Parliamentary Standing Committee on Health and Family Welfare in its 45th report, dated August 4, 2010.
    • Report from the US: In its elaborate judgment, the Supreme Court bench also took note of a report issued by the United States Department of Health and Human Services Office called “Savings Available Under Full Generic Substitution of Multiple Source Brand Drugs in Medicare Part D”.
    • Here, it was stated that the beneficiaries could have saved over $600 million in out-of-pocket payments had they been dispensed generic equivalent drugs.
    •  In the U.S., by the reason of the Physician Payments Sunshine Act 2010 also known as Section 6002 of the Affordable Care Act (ACA) of 2010, the law compels the manufacturers of drugs, devices, biologic and medical supplies to report to the Centers for Medicare and Medicaid Services, on three broad categories of payments or transfers of value.

    Way forward

    • Keeping the price under control: Even though the Drug Price Control Order and Drugs and Cosmetics Act are there on the statute book, there is hardly any action to keep the sale price of medicines under control with due and proper investigation into their so-called research and development costs and keeping their profit margins within a prescribed limit.
    • The law should be amended to compel the manufacturer of drugs to sell at the verified genuine cost, that also factors in a reasonable profit margin for each product by bringing manufacturers, both foreign or domestic, under the control of the MCI or any other equivalent body.
    • This must be at a uniform rate throughout the country; further, classified life saving drugs should be sold at cost only or even at subsidised rates.

    Conclusion

    This judgment can also go far. It should be debated and applied to other unethical practices and expenditure out of public funds.

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  • Asia seeking to diversify its security partnerships

    Context

    For the first time, the prime ministers of Australia, Japan, and New Zealand as well as the president of South Korea participated in a NATO summit.

    How Ukraine war revived NATO

    • More than a decade ago — in 2010 — when NATO agreed on a strategic doctrine, it was discussing it with its Russian partners.
    • There was no reference to China in the 2010 strategic concept.
    • At that time, the West was trying to deepen ties with Russia and build expansive economic cooperation with China
    • In unveiling a new strategic conception for the alliance in the wake of the war in Ukraine, NATO has declared Russia “the most significant and direct threat to Allies’ security and to peace and stability in the Euro-Atlantic area”.
    • Not ignoring the threat from China: NATO has declared that China’s “stated ambitions and coercive policies challenge our interests, security and values.”
    • The last few months have seen a closing of ranks in NATO that is now determined to cope with the Russian threat.
    • Germany — which has long sought good political and commercial relations with Russia — has agreed to raise its defence spending and do more for European security.
    • Sweden and Finland have ended their historic neutrality and decided to join NATO.
    • The US is doubling down on its military commitments to Europe.
    • The last few decades of peace and prosperity in Europe and Asia had enormously increased the influence of Russia and China in their neighbourhoods.
    • But the imperial ambitions of both — rooted in a profound misreading of their leverage — have produced a massive geopolitical backlash.
    • Consolidation of old alliances: Rather than sharpen the contradiction between the US and its regional allies, Russian and Chinese actions have helped consolidate old alliances and gave birth to new security coalitions.

    Why small  European countries seek alliances and how it applies to Asia as well

    • Small countries seek alliances when their fears of more powerful neighbours become acute.
    • Russia’s invasion has sent countries on Moscow’s western flank looking for NATO cover.
    • Most Central European states don’t want to rely purely on a European response to the Russian challenge.
    • They suspect France and Germany are more likely to accommodate Moscow at their expense than stand up to Russia.
    • For the Central Europeans, it is the US that offers a real balance against Russia.
    • It should not be too difficult for India to understand why some Asian countries are turning to NATO.
    • After all, India’s own turn to the Quad was a direct consequence of Chinese actions on the disputed bilateral frontier.

    How China’s expansionist policies are reshaping Asian security landscape

    • Way back in 2007 — when India conducted a mere joint naval exercise with the US, Japan, Australia and Singapore — Beijing called it a precursor to an “Asian NATO”. 
    • Australia and New Zealand are a bit further away but are deeply tied to the Chinese economy.
    • For those like Japan, who face a direct threat from China, “Ukraine could well be about the future of Asian security”.
    • What has happened in case of Ukraine created fear in Asian, at a moment when China has become so much more powerful than its neighbours.
    • Improving national capability: Creation of more sophisticated national military capabilities has been the first priority of some of Beijing’s neighbours.
    • Resolution of differences: Resolving mutual differences and strengthening security cooperation — for example between Japan and South Korea — has been another.
    • Alliance with US: Boosting bilateral alliances with the US is yet another.
    • Diversification of security partnership: Even as nations in the region reboot ties with the US, Asia is also seeking to diversify its security partnerships.
    • Engagement with Europe: This has led to greater Asian engagement with Europe as well as the creation of new Indo-Pacific regional institutions – including the Quad, and the AUKUS.

    Conclusion

    Thanks to the egregious expansionism of Russia and China, the strategic integration of the Asian and European geopolitical theatres has now begun. Whether they like it or not, all countries in Europe and Asia will have to deal with the consequences.

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  • Ukraine crisis is shaping future world order, India needs balanced outlook to its strategic policy

    Context

    Three back-to-back summits in the past fortnight have helped settle the dust on who stands where on the Russian invasion of Ukraine.

    Background of the summits

    • The BRICS summit took place on June 23-24, followed by the G-7 summit (June 26 and 27), and then the North Atlantic Treaty Organization (NATO) Summit in Madrid (June 29).
    • In order to understand what they portend for the future global world order, it is necessary to study the messages sent out by each of these groupings against the backdrop of the situation in Ukraine.
    • Most importantly, how can India, that has hitherto managed a careful balancing act between all the groupings, build a movement out of this moment of deep polarisation in the world?

    Why outcomes of BRICS Summit throws some challenges for the West

    • The fact that India agreed to join the summit showed India’s commitment to BRICS as an alternate grouping of economies spotlighted India’s refusal to shun Russia, and agreement to set aside the two-year stand-off with China in favour of multilateral meetings such as BRICS and the Shanghai Cooperation Organisation (SCO).
    • The BRICS Beijing Declaration was a consensus document, as each member cited differing “National Positions” on the Ukraine issue.
    • Economic initiatives: BRICS’s New Development Bank (NDB), has approved about 17 loans totalling $5 billion for Russian energy and infrastructure projects, the “Contingent Reserve Arrangement” (CRA).
    • A BRICS Payments Task Force (BPTF) for coordination between their central banks for an alternative to the SWIFT payments system, was proposed.
    • Mr. Putin also proposed building a global reserve currency based on a “basket of currencies” and trading in local currencies.
    • Challenges to western sanctions: The BRICS economic initiatives contain several challenges to the western-led sanctions regime against Russia
    • Russia also committed to providing more oil and coal supplies to BRICS countries, which will no doubt raise red flags in the West.
    • The possible admission of countries such as Argentina and Iran that have applied to the BRICS mechanism will also sound alarm in the West.

    G7 Summit and India’s flexibility

    • A day after BRICS, Mr. Modi left for the G-7 Summit in Germany, proof of India’s flexibility in dealing with both sides of the conflict.
    • In a number of statements, the G-7 targetted Russia’s war in Ukraine and China’s economic aggression.
    • Its outreach documents — on “Resilient Democracies” and “Clean and Just Transitions towards Climate Neutrality” — the only ones that India and other invitees signed on to, were devoid of any mentions of either.

    Key takeaways from NATO Summit

    • Reference to China: NATO for the first time, made a reference to “systemic competition” from China as a challenge to NATO “interests, security and values”.
    • Presence of US allies: The presence of the U.S.’s trans-Atlantic and trans-Pacific military allies at one conference sent out a clear message against a perceived Russia-China alliance.
    • US’s growing focus: The launch of another Indo-Pacific coalition — of “Partners in the Blue Pacific” (PBP), i.e., the U.S., the U.K., Australia, New Zealand and Japan, in addition to last year’s Australia-U.K.-U.S. (AUKUS), is another signal of the U.S.’s growing focus on countries that it has military alliances with, against its adversaries.
    • No consideration of Russian sensitivities: Apart from the Indo-Pacific partners at the summit, there were leaders of the five countries that have applied to join NATO.
    • The direct message was that NATO would no longer consider Russian sensitivities on the subject of NATO expansion.

    What is the strategy adopted by India?

    • The outcome of all three summits points to a growing polarisation, even battle lines being drawn, between the Western Atlantic-Pacific axis and the Russia-China combine.
    • Neutral stand on Ukraine crisis: India has adopted a singular strategy, albeit a defensive one, that does not condone Russia for its attacks on Ukraine, but one that does not criticise it either.
    • India has joined China as global economies that have most increased their intake of Russian oil, and where India continues to source fertilizer, cement and other commodities from Russia.
    • Strategic tilt towards the U.S. India is working to diversify its defence purchases from Russia, hostilities with China are high, and a strategic tilt towards the U.S. and Quad partners in the Indo-Pacific is growing.
    • Balancing Act: On the multilateral stage, too, India remains a balancing voice in the room: along with Brazil and South Africa, India ensured that the BRICS Beijing declaration did not carry the Russian position on the Ukraine war or any criticism of the West.
    • While making certain with other partners of the global South that the G-7 outreach documents carried no criticism of Russia and China.

    Way forward for India

    • It is time for New Delhi to seize the moment for leadership in a world that is becoming increasingly uncomfortable with the growing polarisation and the disruption due to the Ukraine war.
    • India is not alone.
    • At the United Nations General Assembly, for example, a majority of 141 countries voted to castigate Russia for its invasion of Ukraine, but much fewer, only 93, voted to oust Russia from the Human Rights Council.
    • This represents a large pool of independently-minded countries that do not see it in their own national interest to blandly choose one side over another.
    • India’s national interests would be better served by building a community of those like-minded countries (from South America to Africa, the Gulf to South Asia and to the Association of Southeast Asian Nations), who cannot afford the hostilities, and want to avoid the possibility of a global war at all costs.
    • In 1955, it was in such a similar moment that India took leadership along with countries such as Indonesia and Egypt at the Asian-African Conference of 29 newly independent nations, at Bandung that eventually led to the Non-Aligned Movement (NAM).

    Conclusion

    This is the time to rethink India’s role in reducing the polarisation and bringing the objective and balanced outlook Nehru spoke of, to the forefront of India’s strategic policy.

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  • Nominated Members in Rajya Sabha

    Olympic sprinter PT Usha and music composer Ilaiyaraaja among others have been nominated to the Rajya Sabha in the category of eminent persons nominated by the President.

    Nominated Members in RS

    • Twelve members are nominated to the RS by the President of India for six-year term.
    • This is for their contributions towards arts, literature, sciences, and social services.
    • This right has been bestowed upon the President according to the Fourth Schedule under Articles 4(1) and 80(2) of the Constitution of India.

    Normal composition

    • The present strength is 245 members of whom 233 are representatives of the states and UTs and 12 are nominated by the President.
    • The Rajya Sabha is not subject to dissolution; one-third of its members retire every second year.

    Constitutional provisions for nominated members

    • 80(1)(a) of Constitution of India makes provision for the nomination of 12 members to the Rajya Sabha by the President of India in accordance with provisions of Arts.80(3).
    • 80(3) says that the persons to be nominated as members must be possessing special knowledge or practical experience in respect of such matters as the following namely: Literature, science, art and social service.

    Powers and privileges of such members

    • A nominated member enjoys all the powers and privileges and immunities available to an elected Member of Parliament.
    • They take part in the proceedings of the House as any other member.
    • Nominated members are however not entitled to vote in an election of the President of India.
    • They however have rights to vote in the vice presidential election.
    • As per Article 99 of the Constitution, a nominated member is allowed six months’ time should he join a political party.

    Try this PYQ:

    Consider the following statements:

    1. The Chairman and the Deputy Chairman of the Rajya Sabha are not the members of that House.
    2. While the nominated members of the two Houses of the Parliament have no voting right in the presidential election, they have the right to vote in the election of the Vice President.

    Which of the statements given above is/are correct?

    (a) 1 only

    (b) 2 only

    (c) Both 1 and 2

    (d) Neither 1 nor 2

     

    [wpdiscuz-feedback id=”9wzxa97091″ question=”Please leave a feedback on this” opened=”1″]Post your answers here.[/wpdiscuz-feedback]

     

    Also read:

    [Sansad TV] Perspective – Rajya Sabha: The Upper House

     

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  • New Rules to keep Advertisements in Check

    The Central Consumer Protection Authority (CCPA) recently issued guidelines to prevent false or misleading advertisements.

    Guidelines on Prevention of Misleading Advertisements and Endorsements for Misleading Advertisements, 2022: Key takeaways

    (1) Conditions for non-misleading and valid advertisement

    An advertisement shall be considered to be valid and not misleading:

    • If it contains truthful and honest representation;
    • Does not mislead consumers by exaggerating the accuracy,
    • Scientific validity or practical usefulness or capability or performance or service of the goods or product;
    • Does not present rights conferred on consumers by any law as a distinctive feature of advertiser’s offer.

     (2) Bait Advertisement

    • A bait advertisement shall not seek to entice consumers to purchase goods, products or services without a reasonable prospect of selling such advertised goods, products or services at the price offered.
    • The advertiser shall ensure that there is an adequate supply of goods, products or services to meet foreseeable demand generated by such advertisement.

    (3) Prohibition of surrogate advertising

    • No surrogate advertisement or indirect advertisement shall be made for goods or services whose advertising is otherwise prohibited or restricted by law.
    • No circumventing of such prohibition or restriction and portraying it to be an advertisement for other goods or services shall be allowed.

    (4) Free claims advertisements

    • A free claims advertisement shall not describe any goods, product or service to be ‘free’, ‘without charge’ or use such other terms if the consumer has to pay anything other than the unavoidable costs.
    • Seller must make clear the extent of commitment that a consumer shall make to take advantage of a free offer.

    (5) Children targeted advertisements

    • An advertisement that addresses or targets or uses children shall not condone, encourage, inspire or unreasonably emulate behaviour that could be dangerous for children or take advantage of children’s inexperience, credulity or sense of loyalty.

    (6) Limitations on Celebrity Endorsers

    • The government has tightened norms for endorsers, including celebrities and sportspersons.
    • They are now required to make material connection disclosures and undertake due diligence while doing advertisements.
    • Endorsements must reflect the honest opinions, belief or experience of the endorsers.
    • The endorsers have to make material connection disclosures and failing to do so will attract penalty under the Consumer Protection Act (CPA).
    • Material disclosures mean any relationship that materially affects the weight or credibility of any endorsement which a reasonable consumer would not expect.
    • Violation of these guidelines will attract a penalty of ₹10 lakh for the first offence and ₹50 lakh for the subsequent offence, under the CPA.

    (7) ASCI rules

    • The latest guidelines will also apply to government advertisements.
    • Moreover, the advertising guidelines for self-regulation issued by the Advertising Standards Council of India (ASCI) will also be in place in a parallel manner.

    Back2Basics:

    Explained: Central Consumer Protection Authority (CCPA)

     

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  • Odisha tops first-ever NFSA State Ranking Index

    Odisha has topped the list of 34 states and Union territories (UTs) in the first-ever NFSA State Ranking Index. Ladakh was ranked last on the index.

    NFSA State Ranking Index

    • The GoI has come up with a first-ever state ranking index to capture the implementation of the Targeted Public Distribution System (TPDS) under the National Food Security Act (NFSA).
    • The states and UTs were ranked for 2022 on the basis of three parameters:
    1. NFSA coverage, rightful targeting and implementation of all provisions under the Act
    2. The delivery platform while considering the allocation of food grains, their movement and last-mile delivery to fair price shops
    3. Nutrition initiatives of the department

    Why need such index?

    • NFSA is a crucial policy instrument to ensure food security. It covers nearly 800 million people.
    • However, NFSA’s implementation through TPDS has not been uniform in the country.
    • While some states and Union territories lead, others are yet to pick up in terms of coverage, beneficiary satisfaction, digitisation and overall system efficiency.
    • The index has been developed to create an environment of competition, cooperation and learning among states while addressing matters of food security and hunger.

    Back2Basics: National Food Security (NFS) Act

    • The NFS Act, 2013 aims to provide subsidized food grains to approximately two-thirds of India’s 1.2 billion people.
    • It converts into legal entitlements for existing food security programs of the GoI.
    • It includes the Midday Meal Scheme, Integrated Child Development Services (ICDS) scheme and the Public Distribution System (PDS).
    • Further, the NFSA 2013 recognizes maternity entitlements.
    • The Midday Meal Scheme and the ICDS are universal in nature whereas the PDS will reach about two-thirds of the population (75% in rural areas and 50% in urban areas).
    • Pregnant women, lactating mothers, and certain categories of children are eligible for daily free cereals.

    Key provisions of NFSA

    • The NFSA provides a legal right to persons belonging to “eligible households” to receive foodgrains at a subsidised price.
    • It includes rice at Rs 3/kg, wheat at Rs 2/kg and coarse grain at Rs 1/kg — under the Targeted Public Distribution System (TPDS). These are called central issue prices (CIPs).

     

     

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    https://www.downtoearth.org.in/news/governance/odisha-tops-first-ever-nfsa-state-ranking-index-83549