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Centre notifies GNCT Act that gives more powers to Delhi L-G
GNCT Act comes into effect
- The Ministry of Home Affairs (MHA) issued a gazette notification stating that the provisions of the Government of National Capital Territory (GNCT) of Delhi (Amendment) Act, 2021, would be deemed to have come into effect from April 27.
- The Act defines the responsibilities of the elected government and the L-G along with the “constitutional scheme of governance of the NCT” interpreted by the Supreme Court in recent judgements regarding the division of powers between the two entities.
What the Amendment seeks to achieve
- The Act will clarify the expression Government and address ambiguities in legislative provisions.
- It will also seek to ensure that the L-G is “necessarily granted an opportunity” to exercise powers entrusted to him under proviso to clause (4) of Article 239AA of the Constitution.
- Clause (4) of Article 239AA provides for a Council of Ministers headed by a Chief Minister for the NCT to “aid and advise the Lieutenant Governor” in the exercise of his functions for matters in which the Legislative Assembly has the power to make laws.
- Now Act will also provide for rules made by the Legislative Assembly of Delhi to be “consistent with the rules of the House of the People” or the Lok Sabha.
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Clean energy innovation slowing, report warns
Major findings of the report
- It is a joint report titled “Patents and the energy transition” released by the European Patent Office and the International Energy Agency.
- The average annual growth rate of patents for low carbon emissions technologies has fallen to 3.3 percent since 2017, the rate was 12.5 percent in the period 2000-2013.
- The report found that around 35 percent of the cumulative CO2 emissions reductions needed to shift to a sustainable path to reach net-zero emissions by 2070 are still currently at the prototype or demonstration phase.
- The report found that energy efficiency and fuel-switching technologies remained at the top of patent activities, accounting for about 60 percent of the total.
Shifting trend withing renewable
- Patent activity in renewable energy technologies such as wind and solar has been in decline for nearly a decade however, and represented just 17 percent of the total in 2019, report found.
- The key driver of patent growth since 2017 has been innovation in cross-cutting technologies such as batteries, hydrogen and smart grids, along with carbon-capture, utilisation and storage.
Source:
https://energy.economictimes.indiatimes.com/news/renewable/clean-energy-innovation-slowing-report-warns/82270391
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How IPR served as barrier to the right to access healthcare
Request for waiver
- Last year, India and South Africa requested WTO for a temporary suspension of rules under the 1995 Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS).
- A waiver was sought to the extent that the protections offered by TRIPS impinged on the containment and treatment of COVID-19.
- The request for a waiver has, since, found support from more than 100 nations.
- But a small group of states — the U.S., the European Union, the U.K. and Canada among them — continues to block the move.
- These countries have already secured the majority of available vaccines.
- But for the rest of the world mass immunisation is a distant dream.
Grounds on which patent laws are justified
- Patent laws are usually justified on three distinct grounds:
- On the idea that people have something of a natural and moral right to claim control over their inventions.
- On the utilitarian premise that exclusive licenses promote invention and therefore benefit society as a whole.
- On the belief that individuals must be allowed to benefit from the fruits of their labour and merit.
- These justifications have long been a matter of contest, especially in the application of claims of monopoly over pharmaceutical drugs and technologies.
Patent laws in India
- In 1959, a committee chaired by Justice N. Rajagopala Ayyangar objected to monopolies on pharmaceutical drugs through colonial-era patent law.
- The committee found that foreign corporations used patents to suppress competition from Indian entities, and thus, medicines were priced at exorbitant rates.
- The committee suggested, and Parliament put this into law through the Patents Act, 1970, that monopolies over pharmaceutical drugs be altogether removed, with protections offered only over claims to processes.
- This change in rule allowed generic manufacturers in India to grow.
How TRIPS goes against the interest of developing countries
- WTO has into its constitution a binding set of rules governing intellectual property.
- Countries that fail to subscribe to the common laws prescribed by the WTO would be barred from entry into the global trading circuit.
- It was believed that a threat of sanctions, to be enforced through a dispute resolution mechanism, would dissuade states from reneging on their promises.
- With the advent in 1995 of the TRIPS agreement, this belief proved true.
- The faults in this new world order became apparent when drugs that reduced AIDS deaths in developed nations were placed out of reach for the rest of the world.
- It was only when Indian companies began to manufacture generic versions of these medicines as TRIPS hadn’t yet kicked in against India, that the prices came down.
Argument in support of the patent regime
- Two common arguments are made in response to objections against the prevailing patent regime.
- One, that unless corporations are rewarded for their inventions, they would be unable to recoup amounts invested by them in research and development.
- Two, without the right to monopolise production there will be no incentive to innovate.
Issues with the argument in support of patent regime
- Big pharma has never been forthright about the quantum of monies funnelled by it into research and development.
- Moderna vaccine in the U.S. emanated out of basic research conducted by the National Institutes of Health, a federal government agency, and other publicly funded universities and organisations.
- Similarly, public money accounted for more than 97% of the funding towards the development of the Oxford/AstraZeneca vaccine.
- Therefore, the claim that the removal of patents would somehow invade on a company’s ability to recoup costs is simply untrue.
- The second objection — the idea that patents are the only means available to promote innovation — has become something of a dogma.
- The economist Joseph Stiglitz is one of many who has proposed a prize fund for medical research in place of patents.
Consider the question “What are the issues with the patent regime under the TRIPS in the field of medicine?”
Conclusion
We cannot continue to persist with rules granting monopolies which place the right to access basic healthcare in a position of constant peril. In its present form, the TRIPS regime represents nothing but a new form of “feudal calculus”.
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UPSC Interviews 2020: Schedule your Mock + DAF questionnaire | Important topics inside
Click here for DAF questionnaire and here for Important Topics
In wake of the prevailing corona situation in the country, UPSC has decided to postpone the CSE interviews for 2020. The new schedule is yet to come and at least 15 days prior notice will be given before UPSC announces new dates for the deferred interviews.
However, we will be continuing with the mock interviews.
Upcoming Mock interview and session
This week’s mock interview dates have been fixed.
- Mock interview this week- 1st-2nd May (Book your slot)
- Time: 10 a.m. – 7 p.m.
- Mode: Online
Interview slots will be allocated on a first-come, first-served basis.
Panelists for Mock Interviews:
- Shri Shankar Aggarwal, IAS (retd.)
- Dr. Noor Mohammad, IAS (retd.)
- Dr. P.K. Agrawal, IAS (Retd.)
- Shri T. N. Thakur, IAAS (retd.)
- Shri V. P. Singh, IRPS
- Mrs.Aditi Gupta, Corporate Leadership Specialist
- Prof. U.M. Amin, Jamia Milia University
- Mr. Himanshu Arora, Economist, JNU, PMEAC
- Mr. Kunal Aggarwal, IRS
- Mr. Debraj Das, IPS
Tentative: Shri Harsh V. Pant (Observer Research Foundation), Shri SN Tripathi, IAS (Director IIPA), Shri Yogesh Narain (Retd. Defence Secretary), Shri Dipankar Gupta (Indian Sociologist), and others.
DAF questionnaire
Detailed Application Form (DAF) is one of the most important documents that you might have filled for UPSC interviews. A major part of the interview will revolve around the information and details provided in the DAF. It is more than your CV.
Your ability to defend your DAF before the panel is going to decide your success. Anticipating and preparing for the questions based on your DAF is an essential part of the interview preparation.
As a part of Transcend: Interview Guidance Program for UPSC interviews we provide you a personalized and elaborate DAF-based questionnaire.
Fill the form below for DAF questionnaire.
Important interview topics
- Report of 15th Finance Commission
- Do you agree with the new criteria defined under Terms of Reference by FC?
- What are the major challenges being faced by several states?
- Monetisation of deficit
- What do you understand by Monetisation of Deficit?
- Is it a Feasible solution for an economy like India?
- Better Relations: Onus on Pakistan
- What responsibility does India have on this?
- Does the Onus lie on India’s side also to extend the hands of friendship?
- Delhi: LG’s role redefined
- What is the major area of tussles?
- Do you think such steps might lead to erosion of federation and a spot on elected parties having full-fledged legislature?
- Reservation: reviewing 50% cap
- Is this still needed?
- What can be the other alternatives?
- Regulating Social Media Influencers
- Why such regulation needed, despite Media being considered as the 4th Pillar of democracy?
- Spread of Fake News is because of Unaware citizenry? What’s your view on this?
- What are the other causes?
- Need for Agricultural reforms
- Is the Farmer Protest right?
- What is the cause for such unrest?
- Why is there such a trust deficit?
- Nota and option of Re-Election
- Is the option of NOTA effective in Indian Democracy?
- What can be done then to reduce the money and muscle power?
- Climate Change and India
- Why such urgency now? Immediate reasons?
- What is India’s position in terms of mitigating CC impact?
- Why the burden on developing countries?
- Time to implement Uniform Civil Code
- Do you think UCC is now the need of the hour?
- Any challenges in its implementation? Why?
- What is the Constitutional mandate on this?
- India-UK bilateral ties
- Does Brexit change the equations between India and EU?
- What major impact can India have after the whole Brexit scenario?
- France: Liberty and fight against terror
- Debate on secularism and its type?
- Is India a perfect example for positive secularism?
- Atma Nirbhar Bharat 3.0
- Is this Atmanirbharta possible in India?
- Then why 1991 LPG reforms were brought at the first instance?
- Where are we lacking exactly?
- Education Sector reforms
- Will NEP fill all the existing gaps in the Education sector?
- Is RTE successful in India?
- Providing education in Mother Tongue- do you find some relevance in it?
- Then why so much focus on english medium?
- Empowering women
- What is the most im[ortant factor for making women really empowered?
- Will it improve the status of the female population in the country?
- What are the main hindrances in empowering this section of society?
- Monetise and Modernise Mantra for PSUs
- Privatisation or not? Why?
- Why not improve the existing structure rather than going for privatisation?
- Strengthening our start-up ecosystem
- Is India ready for a startup ecosystem?
- Then why do they get merged with MNCs after a few years and why not they themselves striving to become a MNC?
- Raising marriageable age for women
- Why such notions in India?
- Will it improve the position of women in families?
- Do you agree with marrying a woman older than you?
- Emerging Technologies- Global Challenges
- Why is it creating so much of fuss?
- A day without INTERNET and COMPUTERS/SMART DEVICES?
- India’s Humanitarian Diplomacy
- Why so much focus on soft diplomacy?
- Has it provided any advantage to India in International arena?
- Quad Summit: India’s gain
- What gains will it bring?
- Can it be seen as a counter attack on China?
- India’s engagement with Africa
- What are the stakes for India in Africa?
- How can India take a stronghold against China there?
- Biden Presidency and India-US ties
- How will it be different from Trump’s Presidency?
- Any relief for India?
- What can be the major challenges?
- Afghan Peace Talks and India
- India’s stand on Taliban?
- Should India change its stand?
- Relations with Nepal in Covid Era
- We can choose our friends but not our neighbours- its relevance in nepal’s context?
- India’s leadership in Post-Covid world
- What are the major areas where India should focus first?
- Can we be able to beat China on any front ?
- India’s Vaccine Diplomacy
- What is the idea behind this?
- Is it not Fiscal Imprudence?
- Challenges for India as a global power
- Major areas of conflicts?
- How can India emerge to be a winner on these fronts ?
- India and G7 summit
- Do you think the invitation has some relevance for India?
- RCEP: Challenges and way forward
- What could have been the scenario if India would have joined it?
- Is it a mature step from India’s perspective?
- Cyber security and India’s preparedness
- Is India prepared on this front?
- What are the ethical challenges involved?
- Need for Responsible technology? How?
- LAC pullback: nothing conceded
- Where does India stand now after this whole stand-off scenario?
- Will it bring some respite in the near future?
- Why do the issues remain unresolved?
- Can it be considered as a historical mistake?
- Contempt of Court
- Difference between Civil and Criminal Contempt.
- Should it be removed?
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Understanding the Ct value in a Covid-19 test
Recently, the Maharashtra government sought clarity from the Indian Council of Medical Research (ICMR) on the threshold Ct value to treat a person Covid-negative.
What is Ct value
- Short for cycle threshold, Ct is a value that emerges during RT-PCR tests.
- In an RT-PCR test, RNA is extracted from the swab collected from the patient.
- It is then converted into DNA, which is then amplified.
- Amplification refers to the process of creating multiple copies of the genetic material — in this case, DNA.
- Amplification takes place through a series of cycles — one copy becomes two, two becomes four, and so on.
- Put simply, the Ct value refers to the number of cycles after which the virus can be detected.
- The lower the Ct value, the higher the viral load — because the virus has been spotted after fewer cycles.
Why Ct value is important
- According to the ICMR, a patient is considered Covid-positive if the Ct value is below 35.
- If the benchmark were to be lowered to 24 — the value mentioned in Maharashtra’s letter — it would mean that Ct values in the range 25-34 would not be considered positive.
- A benchmark of 35, therefore, means that more patients would be considered positive than we would get if the benchmark were 24.
- The ICMR has said lowering Ct threshold parameter may lead to missing several infectious persons.
Does Ct score indicate the severity of disease
- A small study published in the Indian Journal of Medical Microbiology in January this year found that there was no correlation between Ct values and severity of disease or mortality in patients with Covid-19 disease.
- It found that the time since the onset of symptoms has a stronger relationship with Ct values as compared to the severity of the disease.
- The Ct value tells us about the viral load in the throat and not in the lungs.
- The Ct value does not correlate with severity – only with infectivity.
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Need for diversity and propriety in judiciary
The article highlights the issue of women representation and its implications for the role of the judiciary.
Improving representation of women
- Presently, the Supreme Court is left with only one woman judge, who is also going to retire next year, after which, the SC will be left without a woman judge.
- The collegium failed to take timely steps to elevate more women judges in the SC.
- In the 71 years of history of the SC, there have been only eight women judges — the first was Justice Fathima Beevi, who was elevated to the bench after a long gap of 39 years from the date of establishment of the SC.
- In the submissions filed by the AG on the issue states that improving the representation of women in the judiciary could go a long way towards attaining a more balanced and empathetic approach in cases involving sexual violence.
- The AG also brought up the fact that there has never been a woman Chief Justice of India (CJI).
Women representation in developed countries
- The situation is not any different in developed countries such as the US, UK, Ireland, France and China.
- According to the data collected by Smashboard, a New Delhi and Paris-based NGO, not only has no woman ever been appointed as the CJI, the representation of women across different courts and judicial bodies is also abysmally low.
Way forward
- In the last few meetings of the collegium, there has been some talk of promoting women to the apex court.
- In this regard, if Justice B V Nagaratha of the Karnataka High Court is elevated to the Supreme Court, she could become the first woman CJI in February 2027.
- But her elevation will lead to the supersession of 32 senior judges.
- Supersession itself is perceived as a threat to an independent judiciary
- Seniority combined with merit is the sacrosanct criteria for promotion in the judiciary.
- New CJI should secure the trust of members of his collegium to fill the backlog of 411 vacancies across high courts and six vacancies in the SC.
Consider the question “What are the various structural issues faced by the judiciary in India? Suggest the measures to deal with them.”
Conclusion
A greater number of women in the Supreme Court would eventually lead to a woman CJI. This would be a gratifying change, which may mark the beginning of a new era of judicial appointments.
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Growth of ARCs not in line with NPA trends
Key takeaways from the RBI report
- The RBI report states that notwithstanding the rise in the number of Asset Reconstruction Companys (ARCs), the growth in their assets under management (AUM) has been largely trendless except for a major spurt in FY14.
- The growth of the ARC industry has not been consistent over time and not always been synchronous with the trends in non-performing assets (NPAs) of banks and non-banking financial companies (NBFCs).
- During 2019-20, asset sales by banks to ARCs declined, which could probably be due to banks opting for other resolution channels such as IBC and SARFAESI.
- The acquisition cost of ARCs as a proportion to the book value of assets declined, suggesting lower realisable value of the assets.
Overview of ARCs in India
- The ARC industry began with the establishment of the Asset Reconstruction Company India Ltd (ARCIL) in 2003.
- Of the total AUM, about 62 per cent and 76 per cent was held by the top-three and top-five ARCs in March 2020, respectively.
- After remaining subdued in the initial years of their inception, a jump was seen in the number of ARCs in 2008, and then in 2016.
- Although the number of ARCs has risen over time, their business has remained highly concentrated.
Role of the government
- Indian ARCs have been private sector entities registered with the Reserve Bank.
- Public sector AMCs in other countries have often enjoyed easy access to government funding or government-backed.
- By contrast, capital constraints have often been highlighted as an area of concern for ARCs in India.
Scope for new ARC supported by the government
- The ARC proposed in the Budget will be set up by state-owned and private sector banks, and there will be no equity contribution from the Centre.
- The RBI report supported the government’s proposal for a new ARC, saying that “such an entity will strengthen the asset resolution mechanism further.”
- Introduction of a new asset reconstruction company for addressing the NPAs of public sector banks may also shape the operations of the existing ARCs, it added.
- The ARC, which will have an Asset Management Company (AMC) to manage and sell bad assets, will look to resolve stressed assets of Rs 2-2.5 lakh crore that remain unresolved in around 70 large accounts.
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Enforcing COVID-19 rules is State’s responsibility: ECI
What prompted ECI to give clarification
- In its oral observations, the Madras High Court blamed the ECI for the second wave of COVID-19 in Tamil Nadu and Puducherry.
- The Madras High Court said the ECI was unable to ensure political parties followed the rules while campaigning for the Assembly elections.
What the ECI said
- The ECI said that the enforcement under the 2005 Act has to be ensured by the SDMA [State Disaster Management Authority] concerned and notified authorities under the Act.
- The Commission has always emphasised that the State authorities shall ensure COVID-19 compliance in the matter of public gatherings, etc. for campaign purposes.
- At no occasion, the Commission takes over the task of SDMA for enforcement of COVID-19 instructions.