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This channel explains daily editorial covering indian express, Hindustan Times, Livemint and Hindu. You can reach to me for any query at @saurabhGSPaper2
1. It is because mid term election will not be possible in case of one nation one election. Actually mid term election situation arises when suppose split happens, defection happens. Thus in such scenerio, only one option will be left ie:- To continue with a minority government headed by a CM/ PM who has lost confidence in the house.
However this is not a correct argument because in one nation one election what we can do is to bring constructive vote of no confidence motion: ie bring no confidence alongwith confidence motion so that alternative govt become possible.
But now this will create a new problem:- ie may be legislators have no confidence in alternative govt if they feel our main colleagues have been defeated.
Thus simultaneous election is possible only in presidential system where govt is headed by president who does not enjoy the confidence of the house.
#governance gs paper 2
Context: Issues with Aadhar which is being issues to 1.2 billion Indian residents.
According to Moody rating agency:-
1. Challenge of service denials because many times biometric does not work in humid condition.
2. Disposition of data for internal profiling is always a possibility.
They have suggested for Decentralised ID system like Digital wallets based on block chain capabilities that gives users more control over their private data and can reduce online fraud.
Estonia( best model) has embraced self sovereign indentity to grant citizens complete control over their digital identities.
# Judiciary polity ADR
Context:- Mediation act is passed.
Mediation is a kind of alternative dispute redressal mechanism where parties need not to go to the court as a default place for dispute resolution.
So message is clear:- commercial dispute should be resolved on time, by maintaining confidentiality.
What is mediation?
Ans:-
https://youtu.be/A-lrmD7jPZg?si=DQmTIflquvn2cCkc
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Around 14 percent of drugs by value and 25 percent by volume fall under price controls.
The Health Ministry, in consultation with experts, draws up a National List of Essential Medicines (NLEM).
These medicines, deemed essential for the treatment of common conditions, automatically come under price control under the Drug Price Control Order
Right now there are 651 drugs under NLEM.
The National Pharmaceutical Pricing Authority (NPPA), an independent body of experts in the Ministry of Chemicals and Fertilizers, enforces these prices and the availability of the medicines under the NLEM.
HOW THE PRICE IS DECIDED?
The DPCO follows a market-based pricing mechanism. The ceiling price is worked out on the basis of the simple average price of all brands having at least 1 percent market share of the total market turnover of that drug plus a notional 16 percent retailer's margin.
The ceiling prices of scheduled medicines will be allowed an annual increase as per the Wholesale Price Index as notified by the Department of Industrial Policy and Promotion. In case of non-scheduled medicines, while there is no price cap, but a price increase of 10 percent per annum is allowed.
Criticism of Drug Price control:
▶️Many pharmaceutical companies have opted to go out of production because their profit margins decreased. This has led to substandard and spurious drug manufacturers dominating the pharma market.
▶️Decrease in profit margins of quality manufacturers has led to a reduction in spending in research and development. It has deterred future investments in the pharmaceutical sector.
▶️ Many manufacturers migrated to non-essential drugs (80 per cent of the drugs in non-essential list) or stopped promoting essential drugs.
▶️Some pharmaceutical companies in India have started promoting different drug categories: non-National List of Essential Medicines (NLEM), FDCs (not on NLEM) and non-standard dosages.
Conclusion: Instead of price controls, other mechanisms like promoting competition among manufacturers, strictly regulating the quality of drugs, bulk procurement of generic drugs by public institutions for distribution (Tamil Nadu being a good example), increase in public spending on healthcare, and tackling information asymmetry by promoting transparency will deliver better outcomes for India’s pharmaceutical industry .
#POLITY GS Paper 2
SC Declined to remove the ban on the use of Firecrackers which was banned as per court;s directive in 2018:
▶️The Supreme Court had banned the use of barium salts in firecrackers and had further said that only green cracker would be permitted to be manufactured and sold.
▶️ The court Also directed the Petroleum and Explosives Safety Organization (PESO) to inform it about the regulatory mechanism in place to ensure quality control over green crackers.
In this new petition to remove the ban, the court said : Where the government has banned firecrackers, it means a complete ban. People’s health is important. If you want to burst firecrackers, go to states where there is no ban. Wherever there is a ban, there is a ban
Enforcement Directorate works under the administration of :-
A. Department of revenue
B. Ministry of home affairs
C. As per CVC act 2003
D. Department of economic affairs
Yesterday there was a news on simultaneous election,you can watch this video
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What is the role of Governor in VC?
Ans: Being the chancellor of Universities, Governor appoints VC.
According to the UGC Regulations, 2018, the VC of a university, is appointed by the Chancellor, from a panel of three to five names recommended by the duly constituted Search cum Selection Committee.
Necessarily this system is not uniform in all the universities. As far as the procedures adopted by different states are concerned, they vary.
Where there is a conflict between the State University Act and the UGC Regulations, 2018 to the extent State legislation is repugnant, the UGC Regulations, 2018 shall prevail. Ex Kerala said VC is to be appointed b y CM not by Governor as per The University Laws (Amendment) Bill, 2022.
Important Court cases :
In Gambhirdan K. Gadhvi vs The State Of Gujarat, from Sardar Patel University, Gujarat, the Supreme Court quashed the appointment of the incumbent Vice Chancellor on the ground that the search committee did not form a panel for the appointment of VC.Therefore, it was not in accordance with the UGC Regulations of 2018.
In Professor (Dr) Sreejith P.S vs Dr. Rajasree M.S.,the appointment of the Vice Chancellor of the A.P.J. Abdul Kalam Technological University.
Thiruvananthapuram, was challenged on the ground that the search committee recommended only one name.This is also against the UGC Regulations.
#Polity GS Paper 2
Context: Transfer of HC Judge from Gujrat to Patna for better administration of Justice.
However many times the transfer resulted into a controversy.
Union of India vs. Sankalchand Himatlal Sheth:- The Supreme Court rejected the idea that High Court judges can be transferred only with their consent.
It reasoned that the transfer of power can be exercised only in public interest.
What makes transfers controversial?
#Polity GS Paper 2
Context: Data Protection bill 2023.
#Polity GS Paper 2
Context: G Rohini committee submitted its findings
Ans: “The meaning of national interest is survival—the protection of physical, political and cultural identity against encroachments by other nation-states”—Morgenthau.
Vital component of National Interest: Physical identity includes territorial identity. Political identity means politico- economic system and Cultural identity stands for historical values that are upheld by a nation as part of its cultural heritage.
Non Vital Component of National Interest: The non-vital components are those parts of national interest which are determined either by circumstances or by the necessity of securing the vital components. These are determined by a host of factors—the decision-makers, public opinion, party politics, sectional or group interests and political and moral folkways.
#polity gs paper 2
Context :- Now one nation one election is just a matter of time. I'm this context, the article says simultaneous election is suitable for presidential form of the govt only.
Why?
Mediation is a process wherein the parties meet with a mutually selected impartial and neutral person who assists them in the negotiation of their differences. Mediation leaves the decision power totally and strictly with the parties. The mediator does not decide what is "fair" or "right," does not assess blame nor render an opinion on the merits or chances of success if the case were litigated.
Mediation act 2023:
Salient Features:
1. Pre-Litigation Mediation: The Act permits parties to a dispute (regardless of whether they have executed a mediation agreement) to voluntarily and mutually refer their dispute to mediation prior to filing a suit or instituting proceedings before any court.
2. Mediation Agreement: The Act requires every mediation agreement to be in writing, with the parties to the agreement agreeing to submit any dispute that may arise between them to mediation.
3. Exception: This includes disputes involving criminal offences, proceedings initiated in relation to the misconduct of any registered professional, and disputes relating to the levy and collection of any direct or indirect tax or refunds.
4. Appointment of a Mediator: Unless otherwise agreed upon by the parties, a person of any nationality may be appointed as a mediator, provided that they possess the qualifications, experience and accreditation prescribed.
5. Time Period: Mediation proceedings under the Act must be completed within a period of 120 days from the date of the first appearance before the mediator, which may be extended for a maximum period of 60 days.
6. Mediated Settlement Agreement: Once the mediation has been successfully concluded, agreement is signed by the parties and duly authenticated by the mediator. Once authenticated, an unchallenged Mediated Settlement Agreement may be enforced in accordance with the provisions of the Code of Civil Procedure, 1908
https://youtu.be/Und3xwXHorw?si=iF1gh0nNit-_fuBl
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Cauvery water Dispute:
Background:
The dispute has a long history , however in 1970 TN asked the central government to constitute tribunal under ISWD Act. However in 1990 tribunak was constituted and it gave interim award in 1991 for releasing water. However TN and Karanataka was never happy but finally in 2013 SC enforced the tribunal award finally and clearly said Karnataka to obey by the formula of water sharing as per the Tribunal award , otherwise be ready for the Contempt of court action. But as we know politics and water is interlinked, so the matter has finally not decided completely.
In 2018, Govt constituted Cauvery water management authority: It has been created as per the Cauvery Management Scheme earlier framed by Centre and approved by Supreme Court. The mandate of the CMA will be to secure implementation and compliance of the Supreme Court’s order in relation to “storage, apportionment, regulation and control of Cauvery waters.
The question is how to tackle distress condition, when the monsoon is impacted. This is not mentioned in Final order of Tribunal, the tribunal has just suggested in the case of two consecutive bad season of rains, the monthly schedule of water release is to be relaxed. This should be looked by Cauvery water management authority.
#Polity ( Saurabh kumar)
Regulatory body GS Paper 2
Understand how the drug price is controlled in India.
Read below
1. The Constitution gives the government the power to convene a session of Parliament.
2. The decision to call a session is taken by the Cabinet Committee on Parliamentary Affairs and the Members of Parliament (MPs) are summoned in the name of the President.
3. It is important to note that the Indian Constitution doesn’t mention the term “special session” of Parliament.
4. Even what is termed a special session by the government will be summoned as per provisions of Article 85(1), under which all sessions are held.
👉The presiding officers may limit proceedings during a special session, and procedures like question hour may be skipped.
👉There have been seven special sessions of Parliament that have been held till now.
https://youtu.be/dRxWcm3y124?si=oCh3ciiD5MCXGbLt
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What is section 6A of DSPE Act?
Answer: Section 6A mandates the CBI to take prior sanction of the government before investigating an officer of the rank of joint secretary and above in corruption cases. And DSPE Act is the law from where CBI Derives its authority/power.
S Swamy vs Director CBI: Section 6A is declared unconstitutional as it is against article 14. The court said joint secretary level officer cant be treated differently from other officer. A corrupt officer is a corrupt officer, it cant be decided on the basis of rank/post.
Now court said in today's article that it applies on any corruption charges of before 2014 also because in 2014 only section 6A has been declared unconstitutional.
https://youtu.be/dRxWcm3y124?si=oCh3ciiD5MCXGbLt
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#Polity GS Paper 2
Context: WB Governor asked for removal of all interim Vice chancellor from WB Universities and appoint new and full time VC in these universities. Same in Bihar Governor asked to VC to take order from him not from the government.
THESE ARE NOT THE NEW ISSUES, in Kerala, WB, Maharashtra the tussle between governor and govt had been on the issue of appointment of VC.
Transfer orders become controversial
1. When sections of the public feel that there is a punitive element behind the decision to move a judge from one High Court to another.
2.As a matter of practice, the Supreme Court and the government do not disclose the reason for a transfer. For, if the reason is because of some adverse opinion on a judge’s functioning, disclosure would impinge on the judge’s performance and independence in the court to which he is transferred.
3. On the other hand, the absence of a reason sometimes gives rise to speculation whether it was effected because of complaints against the judge, or if it was a sort of punishment for certain judgments that inconvenienced the executive.
1. Data Principal (DP) (Whose data is collected) can ask for correction, update and erasure of data. (Was present in earlier bill also)
2. Now Data fiduciary cant reject this request of updating, erasure of data by data principal.
3. DP has been given right of grievance redressal and right to nominate another individual in the event of death to exercise these right.
4. However DP must not file false cases against fiduciary, otherwise penalty of 10000 RS. (Not earlier in the bill)
5. The bill exempts govt authorities if they are processing data for research, archive and statistical purposes.
6. Data Fiduciary needs to notify the DP in case of data breach, and purpose for which their data is processed.
7. However compensating the user affected by data breach has been removed in 2023 bill as compared to 2021 bill.
8. The 2023 bill fails to differentiate between personal data and sensitive personal data.
9.Also the 2023 bill does not mandate the Data Fiduciary to inform DP about data sharing with third parties.
10. The bill is telling that now corporates dont need to pay in case of any damage to affected persons.
The commission was entrusted with the task to ensure that the more backward among OBCs can benefit from the advantages of reservation.
What is the need for sub-categorisation of OBCs?
OBCs get 27% reservation in central government jobs and admission to educational institutions. There are more than 2,600 entries in the Central List of OBCs, but over the years, a perception has taken root that only a few affluent communities among them have benefited from the quota. Therefore, there is an argument that a “sub-categorisation” of OBCs — quotas within the 27% quota — is needed in order to ensure “equitable distribution” of the benefits of reservation.
Terms of Reference of the commission:
1. “Examine the extent of inequitable distribution of benefits of reservation among the castes or communities included in the broad category of OBCs with reference to such classes included in the Central List”;
2. “Work out the mechanism, criteria, norms and parameters in a scientific approach for sub-categorisation within such OBCs”.
3. “Take up the exercise of identifying the respective castes or communities or sub-castes or synonyms in the Central List of OBCs and classifying them into their respective sub-categories”.
Findings:
1. The analysis showed 97% of all jobs and education seats have gone to 25% of OBC castes, and 24.95% of these jobs and seats have gone to just 10 OBC communities.
2. As many as 983 OBC communities — 37% of the total — were found to have zero representation in jobs and educational institutions.
#Social Justice GS Paper 2 and 1
Context: How to promote culture? Need to take action rather than just talking about declining culture.
ODISHA SPECIAL DEVELOPMENT COUNCIL:
It was established in 2017 to protect culture with following elements:
1. Educate ASHA Workers and Non Odia speakers about tribal culture.
2. Conservation of sacred groves.
3. Artisan ID Cards have been issued .
4. Tribal resource centre have been set up to efficient transfer of knowledge.
#Polity GS Paper 2
Context: Karnataka HC has said :National security is above Public interest. Actually Central govt has put a limitation on economic engagements with any country which has land border dispute. In this case, BHEL has issued tender which was won by Kolkata based company which had entered into consortium agreement with Chinese company.
What is National interest?