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Type: Explained

  • Parliament – Sessions, Procedures, Motions, Committees etc

    Anti defection: Related issues

    Explainedop-ed snap | Polity | Mains Paper 2: Parliament & State Legislatures

    Note4Students

    From UPSC perspective, the following things are important:

    Prelims level: Tenth Schedule

    Mains level: Paper 2- Exemptions to anti-defection laws

    Context

    In its verdict in the Goa MLAs case, Bombay High Court has misread the 10th schedule of the Constitution, which was meant to prevent horse trading among legislators.

    Understanding the Paragraph (4) of Tenth Schedule

    • Paragraph (4) is an exception to the Tenth Schedule’s main provisions.
    • It operates only when the defectors’ original political party has merged with the party to which they have defected and two-thirds of the members of the legislature belonging to that party have agreed to the merger.
    • Under this provision, the merger of the original political party has to take place first, followed by two-thirds of the MLAs agreeing to that merger.
    • The basic premise of the February 25 judgment is that sub-paragraph (2) is distinct from the parent paragraph, and a factual merger of the original political party is not necessary.
    • This does not square with the content, context and thrust of paragraph (4), which contemplates the factual merger of the original political party — in this case, the INC.
    • The court’s view — the merger of the 10 MLAs of the Congress Legislative Party with the BJP should be regarded as the Congress itself merging with the BJP — goes against the letter and spirit of the Tenth Schedule, paragraph (4) in particular.

    Process for the merger: 2 conditions need to be satisfied

    • 1] Merger alone is not enough: The opening words of sub-paragraph (2) — “for the purposes of sub-paragraph (1) of this paragraph” — clearly mean that to exempt a member from disqualification on account of defection, and for considering this member’s claim that he has become a member of the party with which the merger has taken place, a merger of two political parties alone is not enough.
    • 2] Not less than 2/3 members should also agree: Not less than two-thirds of the members should also agree to such a merger.
    • The lawmakers made it tough for potential defectors to defect.
    •  The words “such merger” make it clear beyond any shadow of doubt that the merger of the original political party has to take place before two-thirds of the members agree to such a merger.
    • The members of the legislature cannot agree among themselves to merge as the court has said, but they can agree to a merger after it takes place.

    Conclusion

    The anti-defection law was designed to eliminate political defection. However, the judgment of the Bombay HC seems to assume that paragraph (4) of the 10th schedule is meant to facilitate defection. This judgment is likely to open the flood gates to defection. The Supreme Court must intervene quickly.

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  • Agricultural Sector and Marketing Reforms – eNAM, Model APMC Act, Eco Survey Reco, etc.

    ‘climate smart’ agriculture

    Explained | Enviro & Biodiversity | Mains Paper 3: Conservation, Environmental Pollution & Degradation, Eia

    Note4Students

    From UPSC perspective, the following things are important:

    Prelims level: GHG from agriculture

    Mains level: Paper 3- Moving toward net-zero agriculture

    Context

    In the backdrop of the 2070 carbon neutrality target set by India at the CoP26 in Glasgow, the Union Budget for 2022-23 has listed “climate action” and “energy transition” as one of the four priorities for the Amrit Kaal.

    Climate related announcement in Budget 2022-23

    • An additional allocation of Rs 19,500 crore for solar PV modules has been made.
    • The finance minister also talked of co-firing of 5-7 per cent of biomass pellets in thermal power plants, “sovereign green bonds” and a “battery-swapping policy”.
    • These are positive steps towards making the energy and transport sectors less polluting.

    How agriculture impact environement

    • Agriculture contributes 73 per cent of the country’s methane emissions. 
    • Third largest emitter: India has kept away from the recent EU-US pledge to slash methane emissions by 30 per cent by 2030, despite the country being the world’s third largest emitter of methane.
    • As per the national GHG inventory, the agriculture sector emits 408 MMT of carbon-dioxide equivalent and rice cultivation is the third highest source (17.5 per cent) of GHG emissions in Indian agriculture after enteric fermentation (54.6 per cent) and fertiliser use (19 per cent).
    • Paddy fields are anthropogenic sources of atmospheric nitrous oxide and methane, which have been reckoned as 273 and 80-83 times more powerful than carbon dioxide in driving temperature increase in 20 years’ (Sixth Assessment Report IPCC 2021).
    • Moreover, paddy fields require about 4,000 cubic metres of water per tonne of rice for irrigation.
    •  There is scientific evidence that intermittent flooding reduces water and methane emissions but increases nitrous oxide emissions.
    • Thus, lowering of methane emissions through controlled irrigation does not necessarily mean net low emissions. 
    • Role of subsidies and procurement policies: The environmental damage caused by agriculture is largely a result of the various kinds of subsidies — on urea, canal irrigation and power for irrigation — as well as the minimum support prices (MSP) and procurement policies concentrated on a few states and largely on two crops, rice, and wheat.

    Excess rice and wheat stock

    • As of January 1, the stocks of wheat and rice in the country’s central pool were four times higher than the buffer stocking requirement.
    • Rice stocks with the Food Corporation of India (FCI) are seven times the buffer norms for rice.
    • The financial value of these excessive grain stocks is Rs 2.14 lakh crore, of which Rs 1.66 lakh crore is because of excess rice stocks — as per the economic cost of rice and wheat given by the FCI.
    • All this does not just reflect inefficient use of scarce capital, the amount of greenhouse gases (GHG) embedded in these stocks is also large.

    Way forward

    • Carbon tax: According to the IMF, the world needs a carbon tax of $ 75 per tonne by 2030 to reduce emissions to a level consistent with a 2 degree Celsius warming target.
    • India does not have an explicit carbon-price yet, but many countries have begun to implement carbon pricing.
    • Revisiting policies: The Economic Survey 2021-22 points out that the country is over-exploiting its ground water resource (see map), particularly in the northwest and some parts of south India.
    • This calls for revisiting policies to subsidise power and fertilisers, MSP and procurement and reorient them towards minimising GHG emissions.
    • Farmer groups and the private sector can be mobilised to develop carbon markets in agriculture, both at the national and international levels, which can reward farmers in cash for switching from carbon-intensive crops to lower GHG emissions.

    Consider the question “Elaborate on the impact of agriculture on the environment. Suggest the changes needed in Indian agriculture policies to reduce the impact.”

    Conclusion

    Such a move towards “net-zero” agriculture will give India a “climate smart” agriculture in Amrit Kaal. And, if we can protect productivity levels with a low-carbon footprint, it will help India to access global markets too.

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  • Judicial Reforms

    In news: Law Commission of India

    DOMRExplained | Polity | Mains Paper 2: Statutory, Regulatory & Various Quasi-Judicial Bodies

    Note4Students

    From UPSC perspective, the following things are important:

    Prelims level: Law Commission of India

    Mains level: Role of Law Commission in Legal Reforms

    The Government has informed the Supreme Court that the appointment of Chairperson and Members of the 22nd Law Commission of India is under consideration.

    Why in news?

    • The setting up of the 22nd Law Commission was constituted by the Government on February 21, 2020.
    • However, no progress has been made in the appointments till date.
    • The Government invoked the ‘doctrine of separation of power’, which says that one arm of governance should not encroach into that of another.

    Issues over appointment

    • The last chairman of the law commission was retired Supreme Court judge, Justice B.S. Chauhan, who completed his tenure on 31 August 2018.
    • Subsequently, the Commission has not been reconstituted.
    • In February 2020, the Government of India announced its intention to reconstitute the Commission with no visible progress.

    About Law Commission

    • Law Commission of India is a currently-defunct executive body established by an order of the Government of India.
    • The Commission’s function is to research and advise the GoI on legal reform, and is composed of legal experts, and headed by a retired judge.
    • The commission is established for a fixed tenure and works as an advisory body to the Ministry of Law and Justice.
    • The last chairman of the Commission retired in August 2018, and since then, it has not been reconstituted.

    Colonial Background

    • The first Law Commission was established during colonial rule in India, by the East India Company under the Charter Act of 1833.
    • It was then presided by Lord Macaulay.
    • After that, three more Commissions were established in pre-independent India.

    Post-Independence functioning

    • The first Law Commission of independent India was established in 1955 for a three-year term.
    • Since then, twenty-one more Commissions have been established.

    Major reforms undertaken

    • The First Law Commission under Macaulay Itsuggested various enactments to the British Government, most of which were passed and enacted and are still in force in India.
    • These include the Indian Penal Code (first submitted in 1837 but enacted in 1860 and still in force), Criminal Procedure Code (enacted in 1898, repealed and succeeded by the Criminal Procedure Code of 1973), etc.
    • Thereafter three more Law Commissions were established which made a number of other recommendations the Indian Evidence Act (1872) and Indian Contract Act (1872), etc. being some of the significant ones.

    Role in legal reforms

    The Law Commission has been a key to law reform in India.

    • Its role has been both advisory and critical of the government’s policies
    • In a number of decisions, the Supreme Court has referred to the work done by the commission and followed its recommendations.
    • The Commission seeks to simplify procedures to curb delays and improve standards of justice.
    • It also strives to promote an accountable and citizen-friendly government that is transparent and ensures the people’s right to information.

     

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  • Indian Army Updates

    Explained: BSF powers and jurisdiction

    Explained | Security Issues | Mains Paper 3: Various Security Forces, Agencies & Their Mandates

    Note4Students

    From UPSC perspective, the following things are important:

    Prelims level: BSF

    Mains level: India's border security

    The Ministry of Home Affairs (MHA) has extended the jurisdiction of the Border Security Force (BSF) up to 50 km inside the international borders in Punjab, West Bengal and Assam.

    Do you know?

    BSF currently stands as the world’s largest border guarding force. It has been termed as the First Line of Defence of Indian Territories.

    About Border Security Force (BSF)

    • The BSF is India’s border guarding organization on its border with Pakistan and Bangladesh.
    • It comes under the Ministry of Home Affairs.
    • It was raised in the wake of the 1965 War on 1 December 1965 for ensuring the security of the borders of India and for matters connected therewith.
    • The BSF has its own cadre of officers but its head, designated as a Director-General (DG), since its raising has been an officer from the Indian Police Service (IPS).

    What are the new modifications?

    • The MHA has exercised the powers under the Border Security Force Act of 1968.
    • It has thus outlined the area of BSF’s jurisdiction.
    • While the places marked here are within 50 km of the respective borders, this is not meant to represent the BSF’s jurisdiction.
    • At the same time, the Ministry has reduced BSF’s area of operation in Gujarat from 80 km from the border, to 50 km.

    Powers exercised by BSF in its jurisdiction

    BSFs jurisdiction has been extended only in respect of the powers it enjoys under:

    1. Criminal Procedure Code (CrPC)
    2. Passport (Entry into India) Act, 1920 and
    3. Passport Act, 1967

    Arrest and search

    • BSF currently has powers to arrest and search under these laws.
    • It also has powers to arrest, search and seize under the NDPS Act, Arms Act, Customs Act and certain other laws.

    Its powers under these will continue to be only up to 15 km inside the border in Punjab, Assam and West Bengal, and will remain as far as 80 km in Gujarat.

    Sanctions behind such powers

    • Scarcely populated borders: At that time, border areas were sparsely populated and there were hardly any police stations for miles.
    • Trans-border crimes: To prevent trans-border crimes, it was felt necessary that BSF is given powers to arrest.
    • Manpower crunch: While police stations have now come up near the border, they continue to be short-staffed.

    Various issues at Borders

    1. Encroachment
    2. Illegal incursion
    3. Drug and cattle smuggling

    Why has the government extended the jurisdiction?

    • The objective of the move is to bring in uniformity and also to increase operational efficiency. Earlier BSF had different jurisdictions in different states.
    • BSF often gets information relating to crime scenes that may be out of their jurisdiction.
    • The move was also necessitated due to increasing instances of drone-dropping of weapons and drugs.

    Impact on State Police jurisdiction

     

    • This move will complement the efforts of the local police. Thus, it is an enabling provision.
    • It’s not that the local police can’t act within the jurisdiction of the BSF.
    • The state police have better knowledge of the ground. Hence BSF and local Police can act in cooperation.

    Criticism of the move

    • At a basic level, the states can argue that law and order is a state subject and enhancing BSF’s jurisdiction infringes upon powers of the state government.
    • In 2012, then Gujarat CM and the present PM had opposed a central government moves to expand BSF’s jurisdiction.

     

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  • Israel’s Iron Dome rocket defence system

    Explained | Security Issues | Mains Paper 3: Awareness in various sc and tech fields

    Note4Students

    From UPSC perspective, the following things are important:

    Prelims level: Iron Dome

    Mains level: Paper 3- Iron Dome rocket defence system

    Context

    • Amid the Israel-Palestine conflict, the night sky over Israel has been ablaze with interceptor missiles from Iron Dome shooting down the incoming rockets in the sky.

    What is Iron Dome?

    • Iron Dome is a multi-mission system capable of intercepting rockets, artillery, mortars and Precision Guided Munitions as well as aircraft, helicopters and Unmanned Aerial Vehicles (UAV) over short ranges of up to 70 km.
    • It is an all-weather system and can engage multiple targets simultaneously and can be deployed over land and sea.
    • Iron Dome is jointly manufactured by Rafael Advanced Systems and has been in service with Israeli Air Force since 2011.
    • The radar system was developed by Elta.

    Working of Iron Dome

    • An Iron Dome battery consists of a battle management control unit, a detection and tracking radar and a firing unit of three vertical launchers, with 20 interceptor missiles each.
    • The interceptor missile uses a proximity fuse to detonate the target warhead in the air.
    • One of the system’s important advantages is its ability to identify the anticipated point of impact of the threatening rocket, to calculate whether it will fall in a built-up area or not, and to decide on this basis whether or not to engage it.
    • This prevents unnecessary interception of rockets that will fall in open areas and thus not cause damage, the paper states.
    • The system has intercepted thousands of rockets so far and, according to Rafael Advanced Systems, its success rate is over 90%.

    Limitations of the system

    • The system can see limitations when it is overwhelmed with a barrage of projectiles.
    • The system has a ‘saturation point’.
    • It is capable of engaging a certain number of targets at the same time, and no more.
    • One of the possible limitations is the system’s inability to cope with very short range threats as estimates put the Iron Dome’s minimum interception range at 5-7 kilometres.

     

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  • Israel-Palestine Clash

    Explained | International Relations | Mains Paper 2: Effect Of Policies & Politics Of World On India’S Interests

    Note4Students

    From UPSC perspective, the following things are important:

    Prelims level: al-Aqsa mosque

    Mains level: Paper 2- Israel-Palestine conflict

    Context

    On Monday, Israeli police stormed the Al-Aqsa mosque compound in East Jerusalem, leaving a reported 300 people injured. The stand-off came at the end of a week of tensions over the eviction of Palestinian residents from two neighbourhoods of East Jerusalem, Sheikh Jarrah and Silwan, to make way for Jewish settlers.

    Cause of the clashes

    • The Al-Aqsa is located on a plaza at Temple Mount, which is known in Islam as Haram-e-Sharif.
    • The Mount is also Judaism’s holiest site.
    • The most imposing structure on the compound is the Dome of the Rock, with its golden dome.
    • The Western Wall, also known as the Wailing Wall sacred to Jews, is one side of the retaining wall of the Al-Aqsa compound.
    • Soon after the 1967 Six-Day War ended, Israel gave back to Jordan the administration and management of the Al-Aqsa compound.
    • While non-Muslims have not been allowed to worship at Al-Aqsa, Jewish individuals and groups have made repeated attempts to gain entry to the Mount Temple plaza.
    • Since the late 1990s, around the time of the first intifada, such attempts began occurring with a regularity as Jewish settlers began claiming land in East Jerusalem and surrounding areas.
    • It has led to repeated clashes and tensions at Al-Aqsa.

    Rival claims over Jerusalem

    • Both Israel and Palestine have declared Jerusale their capital.
    • In July 1980, the Israeli Parliament passed the Jerusalem Law declaring it the country’s capital.
    • Palestinians declared Jerusalem the capital of the putative state of Palestine by a law passed by the Palestinian Authority in 2000.
    • The 1988 Palestinian Declaration of Independence also declared Jerusalem as the capital.
    • For the present, the Palestinian Authority has its headquarters in Ramallah.

    How the world is reacting

    • The Security Council held a meeting on the situation in Jerusalem, but did not make any statement immediately.
    • Last Friday, the US said it was “extremely concerned” .
    • The UAE, which recently recognised as Israel as a state and sealed a historic peace agreement to normalise relations with it, has “strongly condemned” the clashes and the planned evictions in Jerusalem over the past week.
    • Saudi Arabia said it “rejects Israel’s plans and measures to evict dozens of Palestinians from their homes in Jerusalem”.
    • Pakistan Prime Minister also condemned Israel for violation of international law.

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  • Coronavirus – Health and Governance Issues

    What the easing of IP norms on Covid vaccines means for India

    Explained | International Relations | Mains Paper 2: Bilateral, Regional and Global Groupings and agreements involving India

    Note4Students

    From UPSC perspective, the following things are important:

    Prelims level: TRIPS

    Mains level: Paper 2- What IP waiver for Covid vaccine mean to India

    Background of waiver proposal

    • U.S. President Joe Biden’s administration announced its support for waiving intellectual property protections for COVID-19 vaccines.
    • Following the onset of the pandemic, the World Health Organisation proposed a COVID-technology access pool as a knowledge sharing initiative to rapidly scale up vaccine output around the world.
    • As vaccine research progressed last year, wealthy and advanced countries, placed huge advance purchase orders for vaccines.
    • This meant that smaller, developing countries would take longer to get vaccines and find resources to pay for them.
    • In October 2020, India and South Africa floated a proposal at the World Trade Organisation’s TRIPS (Trade-Related Aspects of Intellectual Property Rights) Council to waive certain provisions of the WTO’s TRIPS pact till the pandemic subsides.
    • The proposal envisaged facilitating wider access to technologies necessary for the production of vaccines and medicines.
    • While a majority of the least developed countries backed the proposal, some like China, Turkey and Thailand sought more clarity.
    • However, the proposal was nixed with the E.U., the U.S., Switzerland, Norway, Australia, Canada, Japan and the U.K. rejecting it outright, along with Brazil.
    • Among other things, the argument was that such waivers could dampen innovation and research in areas such as pharmaceuticals and diagnostic technologies.

    What next

    • The WTO’s TRIPS Council is tentatively expected to hold a meeting on the waiver proposal again later this month.
    • If and when an agreement is reached here, the WTO’s Ministerial Council will also have to sign off.
    • Since WTO decisions are based on consensus, all 164 members need to agree on every single aspect of the negotiated waivers and conditions attached.

    Way forward for India

    • The Centre can take two steps immediately in consonance with its stance at the WTO, following the U.S.’ statement of support.
    • The Union government must issue notification under Sections 92 and 100 of the Patents Act to freely licence all patents necessary for vaccine and drug production to treat COVID-19.
    • Issues of the amount of royalties can be decided in due course as laid out in the Patents Act, but that should not come in the way of immediate licensing by the government.
    • The government need to provide full support to companies to scale up vaccine production.
    • Indian industry has a well-respected expertise and capability to rapidly manufacture raw materials, consumables and equipment necessary to produce drugs, vaccines, medical devices and equipment if Intellectual Property barriers are removed.

    ————————————————-//—————————————

    BACK2BASICS

    • COVID-19 Technology Access Pool (C-TAP) will compile, in one place, pledges of commitment made under the Solidarity Call to Action to voluntarily share COVID-19 health technology-related knowledge, intellectual property and data. C-TAP works through its implementing partners, the Medicines Patent Pool, Open COVID Pledge, UN Technology Bank-hosted Technology Access Partnership and Unitaid to facilitate timely, equitable and affordable access to COVID-19 health technologies.

    Understand how the story has progressed:

    India seeks TRIPS waiver for Vaccines

    How IPR served as barrier to the right to access healthcare

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  • Important Judgements In News

    Reading Maratha quota verdict

    Explained | Polity | Mains Paper 2: Executive & Judiciary

    Note4Students

    From UPSC perspective, the following things are important:

    Prelims level: 102nd Amendment

    Mains level: Paper 2- Maratha quota judgement

    • A five-judge Constitution Bench of the Supreme Court on Wednesday struck down the Maharashtra law granting reservation to the Maratha community.
    • The court had framed six questions of law on the issue.
    • The court unanimously agreed on three of those issues, while the verdict was split 3:2 on the other three.

    Issue 1:  Whether Indra Sawhney judgment needs to be revisited

    • One of the key issues was to examine whether the 1992 landmark ruling by the nine-judge bench in Indra Sawhney v Union of India had to be revisited.
    • First, it said that the criteria for a group to qualify for reservation is “social and educational backwardness”.
    • Second, it reiterated the 50% limit to vertical quotas reasoning that it was needed to ensure “efficiency” in administration.
    • However, the court said that this 50% limit will apply unless in “exceptional circumstances”.
    • The Maratha quota exceeded the 50% ceiling. 
    • The arguments by state governments before the court was that the Indra Sawhney verdict must be referred to a 11-judge Bench for reconsideration since it laid down an arbitrary ceiling which the Constitution does not envisage.
    • The court said that the 50% ceiling, although an arbitrary determination by the court in 1992, is now constitutionally recognized and held that there is no need to revisit the case.

    Issue 2 and 3: Does Maratha quota law come under exceptional circumstances

    • The state government’s argument was that since the population of backward class is 85% and reservation limit is only 50%, an increase in reservation limit would qualify as an extraordinary circumstance.
    • All five judges disagreed with this argument.
    • The bench ruled that the above situation is not extraordinary.

    Issue 4,5 and 6: Validity of 102nd Amendment

    • The Constitution (One Hundred and Second Amendment) Act, 2018 gives constitutional status to the National Backward Classes Commission.
    • The Amendment also gives the President powers to notify backward classes.
    • The Bench unanimously upheld the constitutional validity of the 102nd Amendment but differed on the question of whether it affected the power of states to identify socially and economically backward classes (SEBCs).
    • Attorney General, appearing for the central government, clarified that this was not the intention of the law.
    • The Attorney General argued that it is inconceivable that no State shall have the power to identify backward class”.
    • The Attorney General explained that the state government will have their separate list of SEBCs for providing reservations in state government jobs and education.
    • The Parliament will only make the central list of SEBCs which would apply for central government jobs.
    • However, the Supreme Court held that “the final say in regard to inclusion or exclusion (or modification of lists) of SEBCs is firstly with the President, and thereafter, in case of modification or exclusion from the lists initially published, with the Parliament”.
    • This raises a question: How does this impact interventions by other states to provide reservations for other communities, for example Jats in Haryana and Kapus in Andhra?
    • The majority opinion essentially says that now the National Backward Classes Commission must publish a fresh list of SEBCs, both for states and the central list.
    • The Supreme Court also issued a direction under Article 142 of the Constitution of India which says that till the publication of the fresh list the existing lists will continue to operate.

    ————————————————-//————————————-

    BACK2BASICS

    • National Commission for Backward Classes is a constitutional body (102nd amendment 2018 in the constitution to make it a constitutional body) (Article 338B of the Indian Constitution).
    • It was constituted pursuant to the provisions of the National Commission for Backward Classes Act, 1993.
    • According to Article 338B, Commission shall consist of a Chairperson, Vice-Chairperson and three other Members and the conditions of service and tenure of office of the Chairperson, Vice-Chairperson and other Members so appointed shall be such as the President may by rule determine. The Chairperson, Vice-Chairperson and other Members of the Commission shall be appointed by the President by warrant under his hand and seal.

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  • Climate Change Impact on India and World – International Reports, Key Observations, etc.

    Climate change causing a shift in Earth’s axis, finds new study

    Explained | Enviro & Biodiversity | Mains Paper 3: Conservation, Environmental Pollution & Degradation, Eia

    Note4Students

    From UPSC perspective, the following things are important:

    Prelims level: Polar shift

    Mains level: Paper 3- How climate change causing a shift in the Earth's axis of rotation

    About the study

    • A study is published in Geophysical Research Letters of the American Geophysical Union (AGU).
    • The study has added yet another impact of climate change on the earth – marked shifts in the axis along which the Earth rotates.
    • It says that due to the significant melting of glaciers because of global temperature rise, our planet’s axis of rotation has been moving more than usual since the 1990s.

    How the earth’s axis shifts

    • The Earth’s axis of rotation is the line along which it spins around itself as it revolves around the Sun.
    • The points on which the axis intersects the planet’s surface are the geographical north and south poles.
    • The location of the poles is not fixed, however, as the axis moves due to changes in how the Earth’s mass is distributed around the planet.
    • Thus, the poles move when the axis moves, and the movement is called “polar motion”.
    • Generally, polar motion is caused by changes in the hydrosphere, atmosphere, oceans, or solid Earth.
    • But now, climate change is adding to the degree with which the poles wander.

    What the study says

    • As per the study, the north pole has shifted in a new eastward direction since the 1990s, because of changes in the hydrosphere (meaning the way in which water is stored on Earth).
    • From 1995 to 2020, the average speed of drift was 17 times faster than from 1981 to 1995.
    • The faster ice melting under global warming was the most likely cause of the directional change of the polar drift in the 1990s, the study says.
    • The other possible causes are terrestrial water storage change in non‐glacial regions due to climate change and unsustainable consumption of groundwater.

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  • Coronavirus – Health and Governance Issues

    Govt leverage in Covid-19 vaccine pricing

    Explained | Governance | Mains Paper 2: Health & Education

    Note4Students

    From UPSC perspective, the following things are important:

    Prelims level: DPCO

    Mains level: Paper 2- Vaccine pricing issue

    How government regulate prices of drugs

    • The Supreme Court flagged the issue of differential pricing for vaccines among States and the Centre and directed the central government to clarify it in an affidavit.
    • To ensure accessibility, the pricing of essential drugs is regulated centrally through The Essential Commodities Act, 1955.
    • Under Section 3 of the Act, the government has enacted the Drugs (Prices Control) Order (DPCO).
    • The DPCO lists over 800 drugs as “essential” in its schedule, and has capped their prices.
    • The capping of prices is done based on a formula that is worked out in each case by the National Pharmaceutical Pricing Authority (NPPA), which was set up in 1997.

    So, why the government is not regulating price of vaccines through DPCO

    • This is because the regulation through DPCO is not applicable for patented drugs or fixed-dose combination (FDC) drugs.
    • This is why the price of the antiviral drug remdesivir, which is currently in great demand, is not regulated by the government.
    • To bring vaccines or drugs used in the treatment of Covid-19 such as remdesivir under the DPCO policy, an amendment can be brought.

    What other options government can explore to deal with the vaccine price issue

    1) Patent Act 1970

    • The Patent Act 1970 has two key provisions that could be potentially invoked to regulate the pricing of the vaccine.
    • Section 100 of the Patents Act gives the central government the power to authorise anyone (a pharma company) to use the invention for the “purposes of the government”.
    • It enables the government to license the patents of the vaccine to specific companies to speed up manufacturing and ensure equitable pricing.
    •  Under Section 92 of the Act, which deals with compulsory licensing, the government can, without the permission of the patent holder, license the patent under specific circumstances prescribed in the Act.
    • Section 92 can be invoked in case of circumstances of national emergency or in circumstances of extreme urgency or in case of public non-commercial use.
    • After the government issues a notification under Section 92, pharma companies can approach the government for a licence to start manufacturing by reverse engineering the product.
    • However, in the case of biological vaccines like Covid-19, even though ingredients and processes are well known, it is difficult to duplicate the process from scratch.
    • The process will also entail new clinical trials to establish safety and efficacy, which makes compulsory licensing less attractive.

    2) The Epidemic Diseases Act, 1897

    • Section 2 of this law gives the government “power to take special measures and prescribe regulations as to dangerous epidemic disease”.
    • These broad, undefined powers can be used to take measures to regulate pricing.
    • However, the law lacks the teeth to implement such an important policy framework.
    • Violation of the Act is penalised under Section 188 of the Indian Penal Code, which deals with “disobedience to order duly promulgated by (a) public servant”.

    3) Direct procurement by the Centre

    • Apart from these legislative options, experts suggest that the central government procuring directly from the manufacturers could be the most beneficial route to ensure equitable pricing.
    • As the sole purchaser, it will have greater bargaining power.

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