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  • Foreign Policy Watch: India-Middle East

    India’s new West Asia approach is a welcome break with past diffidence

    Note4Students

    From UPSC perspective, the following things are important:

    Prelims level: Not much

    Mains level: Paper 2- I2U2

    Context

    The first summit this week of I2U2, which brings together India, Israel, the United Arab Emirates and the United States – is exploratory in nature.

    I2U2 forum

    • Following the Abraham Accords between Israel and the UAE, I2U2 was founded in October 2021 to address marine security, infrastructure, and transportation challenges in the region.
    • It was known as the ‘International Forum for Economic Cooperation’at the time. At that time, UAE had referred to the new grouping as the ‘West Asian Quad’.
    • I2U2 seeks to empower the partners and encourages them to collaborate more closely, resulting in a more stable region.
    • India is seen as a large consumer market as well as a large producer of high-tech and highly sought-after items in the United States.
    • This has led India to enhance its relationship with Israel without jeopardising its ties with the UAE and other Arab states.

    How I2U2 matters to India

    • India can contribute to peace and prosperity in the region: The initiative signifies the US bet that India can contribute significantly to peace and prosperity in the region.
    • West Asian engagement: It also underlines a new political will in Delhi to break the old taboos on India’s West Asian engagement.
    • Consolidation of  India’s Middle East Policy: The I2U2 marks the consolidation of a number of new trends in India’s Middle East policy that acquired greater momentum in the past few years.
    • What stands out sharply in India’s new thinking in the Middle East is that the summit involves three countries that Delhi had traditionally kept a safe political distance from.

    India-Israel relations

    • Although India was one of the first countries to extend recognition to Israel in 1950, Jawaharlal Nehru held back from establishing full diplomatic relations with the Jewish state.
    •  PV Narasimha Rao reversed that policy in 1992 but he did not travel to Israel nor did he receive an Israeli prime minister.
    • Atal Bihari Vajpayee of the BJP, which had a more empathetic view of Israel, hosted Israeli PM Ariel Sharon in 2003.
    • While the relationship steadily expanded, there was ideological reluctance in Delhi to give the partnership a political profile.
    • In the past few years India imparted a political character to the Israel ties.
    • No backlash from the Arab countries: There was little negative reaction to the more open pursuit of India’s ties with Israel.
    • The problem was never with the Middle East but Delhi’s ideological preconceptions that distorted India’s view of the region.
    • Turkey, now a champion of political Islam, had diplomatic ties with Israel since 1949.
    • Egypt normalised ties in 1980.
    • Under the Abrahamic accords promoted by the Trump Administration, the UAE, Bahrain, Sudan and Morocco set up formal ties with Israel in 2020.

    India’s relations with the Arab countries

    • India’s engagement with Israel was matched by effort to deepen India’s ties with the Arab world.
    •  During his first visit to Israel in 2018, Prime Minister Mode also became the first Indian PM to visit Palestine.
    • Even more important has been the transformation of India’s relations with the Gulf Kingdoms, especially the UAE and Saudi Arabia.
    • India’s traditional preference in the Arab world was for engaging the republics.
    • Engagement with monarchies: Delhi remained wary of engagement with the monarchies, telling itself that they were pro-Pakistan.
    •  No Indian PM visited Saudi Arabia between 1982 and 2010 and UAE between 1981 and 2015.
    • After 2015 India developed strong ties with these governments without a reference to Pakistan.
    • Despite Delhi’s ideological posturing, the Middle East had long ceased to be a political priority for India.
    • In contrast with the past, recently the prime minister has travelled four times to the UAE alone, negotiated a free trade agreement with it, and has ambitious plans for the transformation of bilateral relations.
    • The UAE has also backed India’s 2019 constitutional changes in Kashmir and is ready to invest in the union territory.

    Change in India’s approach to the region

    • India-US ties: For political Delhi, the US and Western policies in the region were a main part of the problem.
    • The immediate focus of Nehru’s policy after independence was to actively oppose US moves in the region in the name of promoting an “area of peace”.
    • That policy had no lasting impact as many regional countries sought active economic, political, and security cooperation with the US and the West.
    • The I2U2 then marks a big break from the anti-Western tradition in India’s approach to the region.
    • Negotiating the terms of joint engagement: In the past, standing up to the West in the Middle East was part of India’s approach, India now is prepared to confidently negotiate the terms of a joint engagement.

    Conclusion

    India’s participation in the West Asian Quad brings Delhi in line with other major powers– including Europe, China, and Russia – to try and engage all parties in the region. The I2U2 sets the stage for a new and dynamic phase in India’s relations with the Middle East.

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    Back2Basics: Abraham Accords

    • The Israel–UAE normalization agreement is officially called the Abraham Accords Peace Agreement.
    • It was initially agreed to in a joint statement by the United States, Israel and the United Arab Emirates (UAE) on August 13, 2020.
    • The UAE thus became the third Arab country, after Egypt in 1979 and Jordan in 1994, to agree to formally normalize its relationship with Israel as well as the first Persian Gulf country to do so.
    • Concurrently, Israel agreed to suspend plans for annexing parts of the West Bank.
    • The agreement normalized what had long been informal but robust foreign relations between the two countries.
  • Economic Indicators and Various Reports On It- GDP, FD, EODB, WIR etc

    As GST compensation ends, state governments need to be provided certainty of revenues

    Note4Students

    From UPSC perspective, the following things are important:

    Prelims level: GST compensation to States

    Mains level: Paper 3- GST compensation discontinuation

    Context

    The five-year transition period after the adoption of the Goods and Services Tax (GST) on July 1, 2017, came to an end on June 30, 2022. With this, the era of GST compensation that the state governments were entitled to has ended.

    High estimated loan issuance

    • Many state governments have asked for the compensation period to be extended by a few years.
    • To tangibly assess the near-term outlook for state finances, we have to rely on the states’ own estimates for their market borrowing requirements for the second quarter of 2022-23.
    • The indicative calendar of market borrowings by 23 state governments and two Union territories for the second quarter has pegged their total state development loan issuance — the primary source of financing state government deficits — at Rs 2.1 trillion.
    •  This projected issuance is 29 per cent higher than the same period last year, and at an eight-quarter high.
    • This high level of issuance projected by states reflects concerns that some of them might rightfully have regarding the uncertainty of their cash flows in the post-GST compensation era.
    • High dependence on GST compensation: Of these 23 states, Tamil Nadu, Andhra Pradesh, Haryana, Punjab and Gujarat have indicated large increases in borrowings.
    • Most of these states have an above-average dependence on GST compensation.

    Implications of discontinuation of GST compensation

    • Alter the revenue compensation: The discontinuation of the GST compensation flows would alter the revenue composition of some states adversely, particularly those with a relatively larger share of such receipts in their overall revenue streams.
    • Increase in debt level: To offset a portion of the associated revenue loss, such states are likely to enhance their borrowings and/or to undertake some expenditure adjustments in the quarters ahead.

    Adjustment of borrowing limit of the States by the Centre

    • At the time of communicating to states their annual borrowing limits for the ongoing year, we understand that the Centre had informed state governments that their off-budget borrowings for the past two years (2020-21 and 2021-22) would be adjusted from their borrowing ceiling this year.
    • Data on off-budget borrowing: It appears that the calculation of the adjusted borrowing limit required the submission of detailed data by the state governments related to their off-budget borrowings for the last two fiscal years, followed by a thorough assessment of the same by the Centre.

    Need for early step up in tax-devolution

    • On the whole, though, states appear to have entered the year with a comfortable cash flow position.
    • This follows from the back-ended release of the tax devolution to states for 2021-22 — nearly half of the full-year amount was released in the fourth quarter.
    • Additionally, the total amount was also well above the revised estimate, providing an unexpected gain to states.
    • This may have allowed them to temporarily withstand the changes related to their borrowing permission.
    • Subsequently, the release of the GST compensation grant of Rs 869 billion for several months in May is likely to have further eased their cash flows.
    • If the government does decide to step-up tax devolution to the states in the near term, instead of back-ending it as was done in the last year, it may reduce the size of state borrowings in the second quarter.
    • But more significantly, such revenue certainty, despite the end of the GST compensation era, may embolden states to ringfence their capital spending, providing a positive impulse to the economy.

    Conclusion

    The discontinuation of the GST compensation flows would alter the revenue composition of some states adversely, tax devolution to the states in the near term could cushion the blow of the discontinuation.

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    Back2Basics: Compensation under GST regime

    • The adoption of the GST was made possible by the States ceding almost all their powers to impose local-level indirect taxes and agreeing to let the prevailing multiplicity of imposts be subsumed under the GST.
    • While the States would receive the SGST (State GST) component of the GST, and a share of the IGST (Integrated GST), it was agreed that revenue shortfalls arising from the transition to the new indirect taxes regime would be made good from a pooled GST Compensation Fund for a period of five years that is set to end in 2022.
    • This corpus in turn is funded through a compensation cess that is levied on so-called ‘demerit’ goods.
    • This GST Compensation Cess or GST Cess is levied on five products considered to be ‘sin’ or luxury as mentioned in the GST (Compensation to States) Act, 2017 and includes items such as- Pan Masala, Tobacco, and Automobiles etc.
  • Urban Transformation – Smart Cities, AMRUT, etc.

    The road to productivity

    Note4Students

    From UPSC perspective, the following things are important:

    Prelims level: Not much

    Mains level: Paper 2- Labour productivity and roads

    Context

    The commute time for the labour force to the workplace plays a very important role in determining their productivity in cities.

    Issue of long travel time to work

    • Labour market: Cities are labour markets where the labour force exchanges their labour and creates knowledge spillovers.
    • Relation between commute time and productivity: The commute time for the labour force to the workplace plays a very important role in determining their productivity in cities.
    •  The longer the commute time in a city, the smaller is its effective labour market and vice-versa.
    • Difference between nominal and effective labour market: While the nominal labour market of the city refers to all jobs created in the metropolitan area, the effective labour market refers to the jobs accessible within a certain commute.
    • Importance of effective labour market: The larger a city’s effective labour market, the greater its agglomeration economies and knowledge spillovers will be.
    • From the viewpoint of enlarging a city’s effective labour market and economic output, it is therefore very important to keep the commute time short and commuting cost cheap within a city as it keeps growing in population.

    Way forward

    • One way in which urban local bodies (ULBs) directly impact the city’s economic output is through their infrastructure.
    • Increase in tax base: Road length has a positive effect on the city’s tax base.
    • Motivation to pay texes: This is because roads lead to easy access to jobs and increased economic activity; that also gives the public more confidence and motivation to pay taxes.
    • Cities should not view investment in road networks as expenditure; rather, roads add to the city’s revenue base which the city can use to improve infrastructure and public services.

    Conclusion

    Investing in roads not only reduces travel time and enlarges effective labour markets of cities and their economic output, but also improves access to schooling for children as well as healthcare, thereby upgrading human development. This is indeed the road to the $5 trillion economy along with improvement in human well-being.

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  • Foreign Policy Watch: India-Japan

    Japan with India, for Indo-Pacific

    Note4Students

    From UPSC perspective, the following things are important:

    Prelims level: Not much

    Mains level: Paper 2- India- Japan ties

    Context

    The article recounts the contribution of Japan’s former Prime Minister Shinzo Abe in strengthening India-Japan ties.

    Indo-Japan ties: Background

    • Japan-India ties are 70 years old this year.
    • For the first five post-war decades of the 20th century, bilateral ties were friendly.
    • India was not among the signatories of the 1951 San Francisco Peace Treaty, which brokered post-war relations between the defeated Axis power and the Allies.
    • Instead, Delhi established an independent peace treaty and bilateral relations with Japan.
    • Nehru’s decision to accept Japanese Overseas Development Aid, the first country to do so, also generated a lot of goodwill in the bilateral relationship. Several collaborations took place.
    • But it was only in the 21st century that bilateral ties climbed up to the next level.

    India-Japan ties during Shinzo Abe’s premiership

    • While Prime Ministers Yoshiro Mori had signed the Global Partnership for the 21st Century Agreement in 2000, to Abe goes much of the credit for the transformation of India-Japan ties in the last two decades.
    • This period witnessed the Japanese funding for ambitious projects such as the Mumbai-Delhi Industrial Corridor and the Mumbai-Ahmedabad bullet train.
    • The two countries upgraded the relationship to a Special Strategic and Global Partnership.
    • After a waiver to India from the Nuclear Suppliers Group following the India-US civil nuclear deal, Abe — and his Liberal Democratic Party successors — had begun to consider a similar deal with India, and a round of negotiations was held in that period.
    • The deal was eventually signed in 2016, and became operational a year later.
    •  It was during his tenure that the Japanese Maritime Self Defence Force (constitutionally, the Japanese military exists only for self-defence purposes) began naval exercises with friendly powers — India and Japan held their first naval exercise in December 2013 — and the country appointed its first National Security Advisor.

    Conclusion

    Abe believed that he was both destined and better equipped than many of his peers to play a transformational role in Japan’s politics and foreign affairs. He certainly achieved that with India. His passionate advocacy of closer ties with India will be missed.

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  • Parliament – Sessions, Procedures, Motions, Committees etc

    Legal and constitutional framework to deal with split in political party

    Note4Students

    From UPSC perspective, the following things are important:

    Prelims level: Article 324

    Mains level: Paper 2- Powers of Election Commission

    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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  • Goods and Services Tax (GST)

    Impact of GST on inflation

    Note4Students

    From UPSC perspective, the following things are important:

    Prelims level: National Anti-profiteering Authority

    Mains level: Paper 3- Impact of GST on inflation

    Context

    The monumental indirect tax reform, the Goods and Services Tax (GST), has completed five years in existence. The article analyses the impact of GST on inflation.

    Background

    • Before the implementation, it was said that it would be a boon to the economy in terms of higher revenue buoyancy, lower inflation, higher revenue, higher growth etc.
    • During the 12 months preceding GST implementation, the Consumer Price Index (CPI) inflation was 3.66%, while it increased to 4.24% post-GST in the next 12 months.
    •  A similar pattern was observed in Australia, New Zealand, and Canada.
    • An Australian Competition and Consumer Commission study showed that GST initially increases inflation.

    How GST can affect prices

    • In theory, implementing GST should not lead to a change in overall inflation.
    • The revenue-neutral rate (RNR) is calculated so that it would not cause higher inflation.
    • But revenue neutrality does not mean that prices would not go up or down in the economy.
    • This is because the weight of goods in the consumption basket and their contributions to indirect tax collections are not the same.
    • Importantly, the effect of GST on the prices of certain goods and services depends on the structure and design of taxation.
    • The RBI, in a 2017 report, showed that about half of the groups of items that GST covers are not in the CPI basket.
    • So, the effect of GST on prices was expected to be small.
    • Finally, prior to the GST implementation, it was expected that prices would go down because GST harmonises indirect tax rates and eliminates the cascading effect.
    • Thus, whether GST has any effect depends on how different factors affect each other.

    So, how can we ascertain whether GST has had an inflationary impact in India?

    • Inflationary impact can be assessed by turning to statistical modeling?
    • Statistical results provide us with an interesting picture of the impact of GST on price levels.
    • First, we look into the overall price index (CPI).
    • Here, the actual CPI growth in the study period is 4.61%, whereas the counterfactual estimate of inflation is 3.24%.
    • This implies that without the GST implementation, the CPI inflation would have been 3.24%.
    • This indicates that with the implementation of GST, CPI increased by 1.37 percentage points (pp).
    • Second,  CPI core inflation (which strips off volatile components such as food and fuel from the headline inflation) increased by 1.04pp in the post-GST period (actual inflation was 4.57%, counterfactual inflation was 3.53%).
    • Third, GST is found to have a significant positive impact on inflation of commodity groups such as paan, tobacco and intoxicants, clothing.

    What explains rise in inflation post GST?

    • Rise in tax rate of some goods: The rise in inflation post-GST implementation could be due to the rise in the tax rate of some goods and services, the inclusion of business activities that were not taxed earlier, or the market structure.
    • The average weighted GST rate was designed to be neutral, so it might not have contributed much to the observed higher inflation.
    • Coverage of business activities under GST not taxed earlier would result in higher prices since the firms would pass on the cost to the consumers.
    • Market power: There is another possibility which would cause result inflation after the GST implementation.
    • As Joseph Stiglitz opined, rising market power is bad for the economy as it raises economic inefficiency and inequality and lowers the economy’s resiliency.
    • Further, taking advantage of market power, it is possible that most firms would have passed the taxes to end consumers.
    • With the existence of market power, firms’ price includes a significant mark-up over marginal costs.
    • Some results point out the possibility of profiteering in select segments after GST.
    • To pre-empt this possibility, the government set up National Anti-profiteering Authority (NAA).

    Way forward

    •  NAA should monitor the prices of critical or essential goods and services to see the price impact of GST.
    • Similarly, the Competition Commission of India should observe anti-competitive producer behaviour that hurts consumers via excessive price increases.
    • These measures may ensure that producers do not take advantage of the GST.

    Conclusion

    Statistical results suggest that GST implementation has resulted in a decrease in inflation of food items and raised inflation of non-food items.

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  • RBI Notifications

    Why the criticisms of the RBI are misplaced

    Note4Students

    From UPSC perspective, the following things are important:

    Prelims level: Not much

    Mains level: Paper 3- Inflation targeting

    Context

    All emerging markets (EMs), including India, are facing outflows of foreign portfolio investment as the US Fed tightens.

    Inflatioon and exchange rate

    • Exchange rate as response to capital flow: Canonical inflation targeting wants exchange rates to float as the correct response to capital flows.
    • Policy should respond to exchange rate fluctuations only after they affect inflation or output.
    • Any interest rate defence of the exchange rate would reduce the focus on inflation.
    • But most EMs intervene in foreign exchange (FX) markets in order to reduce volatility.
    • A research paper by Edward F Buffie and co-authors indicate that  FX intervention greatly enhances the efficacy of inflation targeting.
    • Two instruments for two targets work better than trying to do everything through the interest rate.
    • Excess depreciation of currency can raise inflation.
    • Other researches such as from the IMF, argues for the use of prudential capital flow management techniques and finds reserve accumulation and its use reduces risks and crises in EMs.

    Policies followed by RBI to reduce volatility

    • Not fully convertible: RBI’s sequenced approach to capital account convertibility, where, for example, debt inflows are only allowed as a percentage of domestic markets, saved it from the kind of interest rate volatility Indonesia experienced during the taper tantrum and is helping it now.
    • More liberalisation measures can be taken when needed.
    • India’s large foreign exchange reserves have allowed rupee depreciation to be lower than most other countries as the dollar strengthens.
    • The cost of holding foreign exchange: There are costs of holding large reserves and of too much intervention.
    • The central bank ends up supporting the US and not its own government borrowing and it sacrifices interest income.
    • But holding reserves and then not using them when required is the most costly.
    • Again use of multiple instruments can mitigate over-reliance on intervention.
    • Much research and recent experience suggest that all available instruments should be used to moderate volatility in nominal variables.

    Why increasing interest rates will be ineffective in reducing capital outflow

    •  A common suggestion is to raise policy rates to maintain a historical gap with US Fed rates.
    • But such an interest rate defence did not prevent outflows during the taper tantrum or in 2018 and only triggered a slowdown.
    • It forgets that interest-sensitive flows are only about 8 per cent of India’s foreign liabilities.
    • There have been no debt outflows in 2022 despite a narrowing interest differential.
    • Equity outflows also seem to be tapering.
    • Monetary tightening that dampens expectations of growth, induces more outflows as country risk-premiums rise.

    Issues with less intervention

    • Some want less intervention and more rupee depreciation in order to improve the current account deficit.
    •  But less intervention can lead to a chaotic fall and jittery markets as we saw in 2011.
    • It is best for policy to prevent over-depreciation due to global risks.
    • After about 4 per cent nominal depreciation, India’s real effective exchange rate against a basket of 40 countries is approaching 100.
    • That implies the real exchange rate is too depreciated since India has had relatively more structural reform and productivity growth.
    • Future corrections toward equilibrium will require a rise of the rupee.
    • High oil prices are a risk for India’s balance of payments, but multiple types of adjustments have the best chance of succeeding.

    Why sometimes policy changes are introduced as surprise?

    • Market participants want clear communication and no surprises for markets.
    • Forward guidance is an important part of inflation targeting. But when markets tend to overreact and are influenced more by the US than by Indian policy, the best way to introduce a policy change may be by surprise.
    • Thus markets had priced in excessive rate hikes after the US Fed began tightening.
    • The steep surprise hike in Indian repo rates prevented additional rate hikes from being priced in as domestic rate-rising began.

    Conclusion

    Inflation targeting is an art that requires skill, attention to context and an open mind.

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    Back2Basics: Real Effective Exchange Rate

    • The real effective exchange rate (REER) is the weighted average of a country’s currency in relation to an index or basket of other major currencies.
    • The weights are determined by comparing the relative trade balance of a country’s currency against that of each country in the index.
    • An increase in a nation’s REER is an indication that its exports are becoming more expensive and its imports are becoming cheaper.
    • It is losing its trade competitiveness.
  • Important Judgements In News

    A ‘no’ to pharma freebies

    Note4Students

    From UPSC perspective, the following things are important:

    Prelims level: Not much

    Mains level: Paper 2- Unethical practices in pharma sector

    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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  • Russian Invasion of Ukraine: Global Implications

    Asia seeking to diversify its security partnerships

    Note4Students

    From UPSC perspective, the following things are important:

    Prelims level: Not much

    Mains level: Paper 2- Diversification of 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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  • Russian Invasion of Ukraine: Global Implications

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

    Note4Students

    From UPSC perspective, the following things are important:

    Prelims level: Partners in the blue pacific

    Mains level: Paper 2- Need for balanced outlook to 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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