Syllabus subtopic: Indian Constitution—Historical Underpinnings, Evolution, Features, Amendments, Significant Provisions and Basic Structure.

Prelims and Mains focus: about Article 371 and its various provisions related to northeast states; related issues

News: Union Home Minister assured the northeastern States that the Centre would never touch Article 371 of the Constitution that grants special provisions to the region.

About the event

Union Home Minister, also the chairman of the North Eastern Council (NEC), gave the assurance in his inaugural address at the 68th plenary session of the NEC in Guwahati.

The meeting was attended by the Governors, the Chief Ministers and officials of eight northeastern States.

Background

As the government abrogated Article 370 that gave special status to Jammu and Kashmir, Article 371, which has special provisions for other States, mostly from the Northeast, has invited some attention.

About Article 371 of the Indian Constitution

• Article 371 gives the power to the President of India to establish separate development boards for Vidarbha, Marathwada regions of Maharashtra and the rest of the State and Saurashtra, Kutch and rest of Gujarat.

• Special provisions with respect to Andhra Pradesh, Karnataka, Goa are dealt in Articles 371D and 371E, 371J, 371I respectively.

• Most of the States that have been accorded special provisions under Article 371 are in the northeast and the special status aims to preserve their tribal culture.

1. Article 371(A) states that no act of Parliament shall apply to the State of Nagaland in respect of the religious or social practices of the Nagas, its customary law and procedure, administration of civil and criminal justice involving decisions according to Naga customary law and ownership and transfer of land and its resources.

• It shall apply to Nagaland only after the State Assembly passes a resolution to do so, it says.

• In June 2019, the Member of Legislative Assembly (MLA) of the Nationalist Democratic Progressive Party (NDPP) observed that Article 371(A) impedes the State’s development. Article 371(A) states that land and its resources in the State belong to the people and not the government.

• The MLA said due to the provisions in Article 371(A), the landowners usually do not allow the government to carry out any development activities on their plot.

2. Article 371-G that deals with special provisions with respect to Mizoram has similar nature.

• It states that an act of Parliament relating to religious and social practices of Mizo customary law and procedure, administration of civil or criminal justice involving decisions according to Mizo customary law, ownership and transfer of land and its resources will not apply to Mizoram unless State assembly decides to do so.

3. Article 371B deals with special provision with respect to the State of Assam.

• The main objective of inserting Article 371B was to facilitate the creation of the sub-State ‘Meghalaya’.

4. Article 371C deals with special provisions with respect to Manipur which became a State in 1972.

5. Articles 371F, 371H talk about special provisions with respect to States of Sikkim and Arunachal Pradesh, respectively.

Syllabus subtopic: Statutory, Regulatory and various Quasi-judicial Bodies.

Prelims and Mains focus: about SHRCs: composition and functions

News: The State Human Rights Commissions (SHRCs) were asked by National Human Rights Commission Chairperson to join the common portal — HRC Net — to avoid duplication of complaints.

About State Human Rights Commission (SHRC)

A State Government may constitute a body known as the Human Rights Commission of that State to exercise the powers conferred upon, and to perform the functions assigned to, a State Commission.

Composition

A State Commission is to be composed of a chairman and some members appointed by the Governor in consultation with the

1. Chief Minister,
2. Home Minister,
3. Speaker and
4. Leader of the Opposition in State Assembly.

• The chairman is to be a retired judge (or Chief Justice) of the High Court;

• one of the members should be a serving or a retired District Judge in that state;

• one member is to be a serving judge or a retired judge of the High Court,

• two members are to be activists in the field of Human Rights.

• Besides the above members, the Commission has its own secretary as well.

Term of office: Three years or till the age of seventy years (eligible for reappointment).

Removal

The chairman or any other member is removable by the President on the charge of proved misbehavior or incapacity after a regular inquiry by a judge of the Supreme Court. They are removable on the grounds as provided for such removals of the members of NHRC as well.

Functions

These functions of the SHRCs are to:

1. Inquire suo motu or on a petition presented to it, by a victim, or any person on his be into complaint of:

• Violation of human rights or abetment thereof;
• Negligence in the prevention of such violation by a public servant.

2. Intervene in any proceeding involving any allegation of violation of human rights, per before a Court with the approval of such Court.

3. Visit under intimation to the State Government, any jail or any other institution under the control of the State Government where persons are detained or lodged for purposes of treatment, reformation or protection to study the living conditions of the inmates and make recommendations thereon.

4. Review the safeguards provided by or under the constitution of any law for the time being in force for the protection of human rights and recommend measures for their effective implementation.

5. Review the factors, including acts of terrorism that inhibit the enjoyment of human rights and recommend appropriate remedial measures.

6. Undertake and promote research in the field of human rights.

7. Spread human rights literacy among various sections of society and promote awareness of the safeguards available for the protection of these rights through publications, the n seminars and other available means.

8. Encourage the efforts of Non-Governmental organisations and institutions working in the field of human rights.

9. Such other functions as it may consider necessary for the promotion of human rights.

UK’s new points-based visa system

Syllabus subtopic: Effect of Policies and Politics of Developed and Developing Countries on India’s interests, Indian Diaspora.

Prelims and Mains focus: about the new immigration system and its features; about its significance for India

News: United Kingdom’s Home Secretary announced the launch of the UK's new points-based visa system which is inspired by Australia’s points-based immigration system.

Objective

It is aimed at attracting the "brightest and the best" from the world, including from India, and cutting down the numbers of cheap, low-skilled workers coming to the United Kingdom.

About the new immigration system

• It will award points for specific skills, professions, salaries or qualifications/attributes, and visas will be awarded to those who gain sufficient points. The system will provide simple, effective, and flexible arrangements for skilled workers to come to the UK.

• The new single global system will treat EU and non-EU citizens (including India) equally, giving top priority to those with the highest skills and the greatest talents, including scientists, innovators and academics.

• The minimum general salary threshold will be reduced to £25,600 (approximately Rs.23.8 lakh), down from the previously proposed £30,000.

• The new system will come into force from January 1 2021 at the end of the transition period after the UK's exit from the European Union (EU) in January 2020, which will formally end the free movement of people within the economic bloc for the UK as a non-member.

Other details

• The Home Secretary also announced a reformed Global Talent route. This will include a new fast-track scheme for world-leading scientists, top researchers and mathematicians to come to the UK. This will run alongside the Points-Based Immigration System and will allow a small number of highly skilled workers to come to the UK without a job offer.

• Student visa routes will also be points-based and be opened up to EU citizens from next year. Those wishing to study in the UK will need to demonstrate that they have an offer from an approved educational institution, that they can support themselves financially and that they speak English.

• To address the specific labour concerns of the agricultural sector reliant on seasonal workers from the EU, the Seasonal Workers Pilot will be expanded in time for the 2020 harvest from 2,500 to 10,000 places.

• EU citizens and other non-visa nationals will not require a visa to enter the UK when visiting the UK for up to six months.

• However, the use of national identity cards will be phased out for travel to the UK and the Home Office highlighted that as part of its post-Brexit offer, those EU citizens resident in the UK by December 31 2020 can still apply to settle in the UK through the EU Settlement Scheme until June 2021.

Benefits for Indian nationals

• The new Points-Based Immigration System is great news for Indian nationals looking to work in the UK. It puts Indian applicants on a level playing field and prioritises those with the greatest skills and talent – something which India has in abundance.

• A lot of Indian students want to put experience to their qualifications, so they would welcome the lower salary threshold for when they have to convert their visas.

• The lower salary threshold means skilled Indians are easily the biggest winner.

Syllabus subtopic:

• Issues Relating to Development and Management of Social Sector/Services relating to Health, Education, Human Resources.
• Government Policies and Interventions for Development in various sectors and Issues arising out of their Design and Implementation

Prelims and Mains focus: about the move and its significance; about Coronavirus outbreak and its impact on India-China trade; about CDSCO

News: The government is planning to revive old drug manufacturing units that produced key ingredients for crucial medicines in the past, but are now being imported from China.

Background

• The move is significant in the backdrop of the novel coronavirus (COVID-19) outbreak in China, and disruption of global supply chains.

• China contributes to almost 70 per cent of India’s imports of key ingredients for medicines.

About the move

• In response to the novel coronavirus outbreak, the Department of Pharmaceuticals constituted a committee under the chairmanship of Central Drugs Standard Control Organisation (CDSCO) Joint Drug Controller to assess and “closely monitor” the situation.

• The committee has identified 58 active pharmaceutical ingredients (APIs), intermediates and key starting materials (KSMs) where India needs to build self-reliance. Considering the long gestation period to start a new plant, the government is considering whether upgrading older facilities with newer technology would help expedite the process.

• Over the last three decades, most of the 7-8 manufacturing plants producing as many as 20 ingredients such as penicillin G, erythromycin, rifamycin, tetracycline, citric acid and vitamin B12, were shut down due to “cheaper alternatives from China”. The possibility of upgrading and restarting these plants is under consideration of the Department of Pharmaceuticals.

• The idea is looking to wean away the Indian pharmaceutical industry from its heavy dependence on Chinese imports and strengthen its self-reliance. While India had the capability to manufacture most key ingredients, there was no domestic manufacturer currently for fermentation-based ingredients. Fermentation-based ingredients are used in most antibiotics and vitamins.

Why is government’s support necessary?

• Unless the pharmaceutical industry is incentivised at least for a few years the way China incentivised its own pharmaceutical industry, there is little chance of private investment in this sector.

• Three decades back, China wasn’t even in the picture in API production. But then, with full government support, they scaled up and sold to India at 20-25 percent less than domestic companies producing bulk drugs. Even with import duties, their products were cheaper, so Indian formulators began picking them over Indian manufacturers.

• China was able to build its cost-effective active pharmaceutical ingredients (API) capabilities due to various incentives like cheap land and electricity. India may have to consider similar incentives to ensure domestic manufacturers build scale and compete with lower Chinese prices.

• Niti Aayog, in a meeting on India’s dependence on imports of “critical” APIs, with the government had given some suggestions on environmental concerns and financial incentives like subsidies, which will be examined by the government.

About CDSCO:

The Central Drugs Standard Control Organisation (CDSCO) under Directorate General of Health Services, Ministry of Health & Family Welfare, Government of India is the National Regulatory Authority (NRA) of India.

Functions: Under the Drugs and Cosmetics Act, CDSCO is responsible for approval of New Drugs, Conduct of Clinical Trials, laying down the standards for Drugs, control over the quality of imported Drugs in the country and coordination of the activities of State Drug Control Organizations by providing expert advice with a view to bring about the uniformity in the enforcement of the Drugs and Cosmetics Act.

CDSCO along with state regulators, is jointly responsible for grant of licenses of certain specialized categories of critical Drugs such as blood and blood products, I. V. Fluids, Vaccine and Sera.