NOTE: Please remember that following ‘answers’ are NOT ‘model answers’. They are NOT synopsis too if we go by definition of the term. What we are providing is content that both meets demand of the question and at the same time gives you extra points in the form of background information.
General Studies – 1
Topic: Indian culture will cover the salient aspects of Art Forms, literature and Architecture from ancient to modern times.
Difficulty level: Easy
Reference: Indian Express , Insights on India
Why the question:
Ten antiquities (sculptures) retrieved from Australia and the United States were handed over to the Government of Tamil Nadu in Delhi last week.
Key Demand of the question:
To write about the developments in sculpture during the Chola period.
Directive word:
Discuss – This is an all-encompassing directive – you must debate on paper by going through the details of the issues concerned by examining each one of them. You must give reasons for both for and against arguments.
Structure of the answer:
Introduction:
Begin by giving context about the grandeur of the Chola art and architecture.
Body:
First, write about the Chola sculptures – salient and important features, marked changes which were started during this period and emphasis on Hindu iconography. Substantiate with examples.
Next, write about the overall nature of the sculptures which portray a classic grace, grandeur and taste.
Conclusion:
Conclude by summarising.
Introduction
The Cholas belonged to one of the three mighty dynasties that ruled the Tamil country in the early historical period. Described as the Muvendhar in the Sangam literature, they were known for the valour and for their patronage of the Tamil language.
Bronze sculptures and statuettes of Buddhist, Hindu and Jain icons have been discovered from many regions of India dating from the second century until the sixteenth century. Most of these were used for ritual worship and are characterised by exquisite beauty and aesthetic appeal. the ‘Dancing Girl’ from Mohenjo-Daro is the earliest bronze sculpture datable to 2500 BCE.
Body
- The Chola period is also remarkable for its sculptures and bronzes.
- The sculptures and bronzes show classic grace, grandeur and taste. The best example of this can be seen in the form of Nataraja, the Divine Dancer.
- After Nataraja, the next most popular image is Somaskanda where Shiva is depicted sitting with his consort Uma and his son Skanda dancing between them on a platform.
- Kalyanasundara Murti is a 9th century art where marriage is represented by 2 separate statuettes; Shiva and Parvati’s marriage or panigrahana.
- Ardhanarishwar with half Shiva and half Shakti is another popular image
Chola bronze sculptures:
- The cire-perdu or ‘lost-wax’ process for casting was learnt as long ago as the Indus Valley Culture.
- Along with it was discovered the process of making alloy of metals by mixing copper, zinc and tin which is called bronze.
- The bronze casting technique and making of bronze images of traditional icons reached a high stage of development in South India during the medieval period.
- Although bronze images were modelled and cast during the Pallava Period in the eighth and ninth centuries, some of the most beautiful and exquisite statues were produced during the Chola Period in Tamil Nadu from the tenth to the twelfth century.
- Exquisite pieces of art developed during this period. This technique is still practised in south India, particularly in Kumbakonam.
- The distinguished patron during the tenth century was the widowed Chola queen, Sembiyan Maha Devi.
- Chola bronzes are the most sought-after collectors’ items by art lovers all over the world.
- The well-known dancing figure of Shiva as Nataraja was evolved and fully developed during the Chola Period and since then many variations of this complex bronze image have been modelled.
- A wide range of Shiva iconography was evolved in the Thanjavur (Tanjore) region of Tamil Nadu. The ninth century kalyanasundara murti is highly remarkable for the manner in which Panigrahana (ceremony of marriage) is represented by two separate statuettes.
- Shiva with his extended right hand accepts Parvati’s (the bride’s) right hand, who is depicted with a bashful expression and taking a step forward.
- The union of Shiva and Parvati is very ingeniously represented in the ardhanarisvara murti in a single image.
- Beautiful independent figurines of Parvati have also been modelled, standing in graceful tribhanga posture.
Conclusion
Given these unique features, great demand of Chola bronze sculptures not only among the devotees but also among the art collectors across the world. Thus, Chola bronze sculptures give us a glimpse of the finesse in metallurgy during the early medieval India. Hence appreciated by the art lovers across the world.
Topic: Parliament and State legislatures—structure, functioning, conduct of business, powers & privileges and issues arising out of these.
Difficulty level: Moderate
Reference: Live Mint
Why the question:
In 2014, India’s ministry of law and justice issued a policy on pre-legislative consultation. Most legislative proposals in India do follow this practice, making it a point to set aside time for public comments. However, the consultation itself is no more than a formality today.
Key Demand of the question:
To write about the importance of a strong Pre-Legislative Consultative Policy for India’s democracy.
Directive word:
Examine – When asked to ‘Examine’, we must investigate the topic (content words) in detail, inspect it, investigate it and establish the key facts and issues related to the topic in question. While doing so we should explain why these facts and issues are important and their implications.
Structure of the answer:
Introduction:
Begin by mentioning about the aims of Pre legislative consultative policy.
Body:
First, write about the process involved in Pre legislative consultative policy as proposed in 2014.
Next, write about the importance of the policy in enhancing transparency and building consensus on contention issues, rectifying any overlooks etc. Substantiate with examples.
Next, write about the bottlenecks in implementation of the policy.
Conclusion:
Conclude by writing a way forward.
Introduction
Pre-Legislative Consultation is a process through which citizens engage with the government by providing feedback and comments on policies and draft bills. A draft bill is a proposal made to the Parliament to become a law. It is this draft bill that is placed before the public for their feedback. The Union Government has listed 29 Bills to be tabled in the winter session of Parliament.
In 2014, the Pre-Legislative Consultation Policy was adopted, mandating a host of rules, including that whenever the Government makes any law, it must place a draft version of it in the public domain for at least 30 days.
Body
Pre – legislative consultation policy 2014
- The policy also says that along with the draft, a note explaining the law in simple language and justifying the proposal, its financial implication, impact on the environment and fundamental rights, a study on the social and financial costs of the bill, etc. should be uploaded.
- The respective departments should also upload the summary of all the feedback that they receive on the circulated draft.
- It aimed to create an institutionalised space for public participation in law-making processes.
Importance of Pre-legislative consultation policy 2014
- This policy provides a forum for citizens and relevant stakeholders to interact with the policymakers in the executive during the initial stages of law-making.
- Protests in the recent past over laws such as the farm laws, the RTI Amendment Act, the Transgender Persons (Protection of Rights) Act, etc. have all highlighted that there is discontent among relevant stakeholders and the public at large since they were not looped in while framing such laws.
- Public consultations enhance transparency, increase accountability and could result in the building of an informed Government where citizens are treated as partners and not as subjects.
- For example, concerns raised by civil society members (#SaveTheInternet campaign) were addressed by the Telecom Regulatory Authority in its framing of the net neutrality rules after extensive consultation and deliberation processes adopted by them.
Performance of Pre-legislative consultation policy 2014
- During the 16th Lok Sabha (May 2014 to May 2019) 186 bills were introduced in Parliament, of which 142 saw no consultation prior to introduction.
- From the 44 bills placed in the public domain for receipt of comments, 24 did not adhere to the 30-day deadline.
- During the 17th Lok Sabha (June 2019 to present), 115 bills were introduced in Parliament, of which 85 saw no consultation prior to introduction.
- From the 30 bills placed in public domain for receipt of comment, 16 of them did not adhere to the 30-day deadline.
Challenges faced
- Though it is required that the mandates of an approved policy be heeded by all Government departments, the absence of a statutory or constitutional right has watered down its effect.
- The effective implementation of the policy requires subsequent amendments in executive procedural guidelines like the Manual of Parliamentary Procedures and Handbook on Writing Cabinet Notes.
- The main issues being faced by the government are in terms of awareness of the Pre-legislative consultation process.
- At times consultations are put out in the public domain but there are no responses from the citizens.
- On the other hand, large volumes of feedback are often not processed because of internal capacity constraints.
Way forward
- The effective implementation of the policy requires subsequent amendments in executive procedural guidelines like the Manual of Parliamentary Procedures and Handbook on Writing Cabinet Notes.
- Incorporation of pre-legislative consultation in the procedures of the Cabinet, Lok Sabha, Rajya Sabha etc. should be prioritized.
- Similarly, it must be required of ministers while introducing the bill to place an addendum note on the details of the pre-legislative consultation.
- Empowering citizens with a right to participate in pre-legislative consultations through a statutory and constitutional commitment could be a gamechanger.
Value addition
- Importance of Consultation:
- Inclusive, regular and meaningful consultation between national governments and stakeholders – including civil society – is essential for SDG implementation and accountability.
- It provides opportunities for diverse voices to be heard on issues that matter to citizens, allowing people to share their knowledge, insight and experience to advance implementation.
- Solutions and laws reflect real needs and provide more forward-looking solutions
- Increased legitimacy of proposed changes and enhanced compliance in implementation
- Increased confidence in government institutions and trust amongst partners
- Establishment of a cross-sector dialogue and information sharing
- Less conflicts amongst different groups and between the private sector and government agencies
- Partnership, ownership and responsibility in implementation
- More effective and forward-looking harmonization and simplification efforts.
- From protests against laws redefining citizenship and Agri-marketing to suspicions over the safety of the Covid-19 vaccine and leaks about internal differences over economic policy, government appears to be suffering from a severe case of hubris.
- The implacable and strident tone of the farmer protests after nine rounds of talks, multiple concessions, and a Supreme Court-mandated committee are good examples of the current dissonance between the governed and the government.
- Despite the progressive intent of the laws, the roughshod manner in which they were passed has detracted from their merits.
- Appearing first as Ordinances, the government leveraged its brute majority in Parliament to rush through the Bills in a monsoon session, truncated by Covid-19 with the minimum of debate.
- Later, when farmers hunkered down on Delhi’s borders, the government claimed that it had held extensive pre-legislative discussions with farm lobbies and then wielded the security agencies against key protestors.
- Now, the agriculture ministry has admitted in reply to an application under the Right to Information Act that it has no record of such consultations. Examples such as this do not encourage trust in the government.
- The upshot has been that, despite assurances that the minimum support price would remain and that the laws amended to remove the administrative restraints on contractual appeals in court, the farmers are disinclined to take the government at its word.
- This trust deficit had manifested in nationwide protests against the Citizenship Amendment Act, of which Delhi’s Shaheen Bagh became a potent symbol.
- Both protests have demonstrated that the absence of a meaningful opposition party does not preclude the citizenry from mobilizing on its own initiative when it perceives its interests are at stake.
- In the case of the Covid-19 vaccine drive, the relatively poor turnout in several states points to distrust over the approval granted to Bharat Biotech’s candidate Covaxin because Phase III clinical trials had not been completed.
- The fact that this vaccine is administered after the recipient signs a consent form is unlikely to instill confidence in a large majority of the population that is ill-equipped to comprehend the risks embedded in clinical trials.
- Now, it transpires from the minutes of the Subject Expert Committee (SEC) meetings, which were released by the Central Drugs Standard Control Organization, that the SEC initially expressed reservations about Covaxin but approved it just two days later without explanation.
- The trust deficit appears to be manifesting itself within government too.
General Studies – 2
Topic: Role of civil services in a democracy.
Difficulty level: Moderate
Reference: Indian Express
Why the question:
Recently, two babus of the elite IAS were the subject of widespread public derision when an investigation by this newspaper revealed that one of them had ordered that a government stadium in the national capital be emptied in order to walk their pet dog.
Key Demand of the question:
To write about civil services reforms which are needed in the country.
Directive word:
Elaborate – Give a detailed account as to how and why it occurred, or what is the context. You must be defining key terms wherever appropriate and substantiate with relevant associated facts.
Structure of the answer:
Introduction:
Begin by giving context of civil services of the country and their role in India’s administrations.
Body:
First, write about the various in the civil services ecosystem of the country.
Next, write about the reforms which are needed in the present times – rewarding good per romancing, improved accountability mechanisms and preventing abuse of power.
Next, cite suggestions of various committees in this regard.
Conclusion:
Conclude with a way forward.
Introduction
All civil servants operate in a system of limited accountability with few incentives to perform and plenty of opportunities to use and abuse their powers. Recently, two babus of the elite IAS were the subject of widespread public derision when an investigation by this newspaper revealed that one of them had ordered that a government stadium in the national capital be emptied in order to walk their pet dog.
A wealth of anecdotal and academic evidence supports the deployment of high- powered incentives for transforming the bureaucracy from an albatross around the public’s neck into an engine of growth. To become true Karmayogis, bureaucrats need to have a strong motivation in the form of good financial incentives.
Body
Existing issues with model of bureaucracy in India
- The permanence of the job is a problem. Punishment for over-reach or misuse of power is a transfer, either from a weightier ministry to a lighter one or from high-profile capitals to geographically remote ones.
- Accountability is lacking: The punitive action against bureaucrats is to remove them from public eye and exonerate them later on.
- The result is that all civil servants, never mind their ability or competence, operate in a system of limited accountability.
- No motivation or financial incentive to do good work: Many models across the globe serve as evidence that better financial incentive will shake the bureaucracy from their lethargy and prevent red tapism.
- The bureaucratic entrepreneurship which transformed China’s economy can largely be attributed to pay reforms. The low base pay of bureaucrats was supplemented with high add-on pay for economic performance.
- Similarly, the bureaucracy of Singapore enjoys high supplemental pay that incentivizes performance.
- Bureaucrats in Singapore can earn four types of performance pay—a non-pensionable annual allowance, an annual variable component, a performance bonus and a national bonus.
- All this can add up to 20 months of a bureaucrat’s regular salary.
- Politico-bureaucratic nexus: A sense of professional duty is usually inadequate to motivate public servants, and other incentives such as plum postings are too weak and/or randomly assigned (with high error rates) to act as strong motivators.
Advantages of promoting performance by incentives
- In contrast to monitoring or control-based measures, incentives have the potential to reduce corruption without increasing procedural complexity and processing frictions.
- Also, this approach to reforming the bureaucracy is flexible. Targets and performance measures can be changed as per the changing needs of the public/state.
- The incentives can also be tweaked and fine- tuned over time.
- Several research studies have shown that bureaucrats in different functions have different risk preferences.
- For example, a bureaucrat in a more visible function may be more risk-averse (due to the higher cost of visible failures) than one in a less visible role.
- Financial incentives allow for heterogeneous risk preferences and targets. Various functions and departments can have incentives designed especially for their performance objectives.
- This also promotes accountability as there will be certain targets set which needs to be achieved before granting the financial reward.
Conclusion
The civil services system needs to be brought down from its pedestal and placed at par with every other profession like elsewhere in the world. This will not happen via political diktat. It requires the weight of public opinion. The system must be manned by capable, competent individuals. This cannot be decided on the basis of one exam. The bad eggs need to be separated which cannot happen when the job is for life. It may sound radical for India’s civil services but that is the way the rest of India and the world function, including the UK from where we inherited the structure. The best and brightest will be celebrated. They will be given Padma and other awards. And there will be no high-handed babus to deride. India will get the government it needs for the 21st century.
General Studies – 3
Topic: Investment models.
Difficulty level: Moderate
Reference: Insights on India
Why the question:
The question is part of the static syllabus of General studies paper – 3.
Directive word:
Critically analyze –
When asked to analyse, you must examine methodically the structure or nature of the topic by separating it into component parts and present them in a summary. When ‘critically’ is suffixed or prefixed to a directive, one needs to look at the good and bad of the topic and give a balanced judgment on the topic.
Structure of the answer:
Introduction:
Begin by writing about National Monetisation Pipeline (NMP) its aims and objectives.
Body:
In the first part, write about the various features of National Monetisation Pipeline (NMP).
Next, write about the potential benefits that the government will accrue from the NMP – revenue, improve on efficiency of use of assets, addition of gross savings in the economy etc.
Write about the potential challenges to the newly proposed NMP. Lack of identifiable revenues streams in various assets, absence of dispute resolution mechanism etc.
Conclusion:
Conclude by writing a way forward.
Introduction
Recently, the government of India has launched the National Monetisation Pipeline (NMP), a roadmap for asset monetisation of various brownfield infrastructure assets across sectors.
NMP will help in evolving a common framework for monetisation of core assets. The NMP estimates aggregate monetisation potential of Rs 6 lakh crores through core assets of the Central Government, over a four-year period, from FY 2022 to FY 2025.
Body
National Monetisation Pipeline: Aims and objectives
- Objectives: To unlock the value of investments in brownfield public sector assets by tapping institutional and long-term capital, which can thereafter be leveraged for public investments.
- To enable ‘Infrastructure Creation through Monetisation’ wherein the public and private sector collaborate, each excelling in their core areas of competence, so as to deliver socio-economic growth.
- The four-year National Monetisation Pipeline (NMP) will unlock value in brownfield projects by engaging the private sector, transferring to them the rights but not the ownership in projects.
- Components: Roads, railways and power sector assets will comprise over 66 per cent of the total estimated value of the assets to be monetised, with the balance coming from sectors including telecom, mining, aviation, ports, natural gas and petroleum product pipelines, warehouses and stadiums.
- The NMP will run co-terminus with the Rs 100 lakh crore National Infrastructure Pipeline (NIP) announced in December 2019.
- The estimated amount to be raised through monetisation is around 14% of the proposed outlay for the Centre of Rs 43 lakh crore under NIP.
Challenges
- Financial Challenges: Lack of identifiable revenue streams in various infrastructure assets.
- For instance, a significant proportion of National Infrastructure Pipeline is to be financed by the Private Sector but the mechanisms for revenue transfer have not be specified.
- Difficulty in attracting investors: Less-than-encouraging bids in the recently launched PPP initiative in trains indicate that attracting private investors’ interest is not that easy.
- Leasing of public utilities to private investors could lead to higher prices for consumers.
- Regulatory Challenges: Lack of independent sectoral regulators who could provide dedicated domain expertise and simultaneously aid development of the sector.
- Structural problems such as legal uncertainty and the absence of a deep bond market that hold back private investment in infrastructure.
- This is further compounded by Inefficient Dispute resolution mechanism.
- The allocation of assets owned by governments to private investors is often subject to political influence, which can lead to corruption.
- Asset-specific Challenges: Low Level of capacity utilisation in gas and petroleum pipeline networks.
- Regulated tariffs in power sector assets.
- Low interest among investors in national highways below four lanes.
Way forward and conclusion
NMP is a great step forward but successful execution of the plan remains key to its success.
- For this, Contracts must be designed to allow for some flexibility for addressing unforeseen developments (such as climate-related disasters) and to prevent needless and longwinded litigation.
- Clear quality benchmarks must be set for the assets that are handed over by the government and for KPIs expected of the private party for operating and maintaining the asset.
- There is a need to set up a robust mechanism for dispute resolution relating to PPP contracts as recommended by the Kelkar Committee on PPPs.
Topic: Conservation, environmental pollution and degradation, environmental impact assessment
Difficulty level: Moderate
Reference: The Hindu , Insights on India
Why the question:
A special enclosure for cheetahs has been readied at the Kuno-Palpur National Park in Madhya Pradesh and would soon be home to at least six cheetahs from South Africa by August
Key Demand of the question:
To write about the threats faced by the wildlife and ecosystems due to development and need to balance both.
Directive word:
Analyse – When asked to analyse, you must examine methodically the structure or nature of the topic by separating it into component parts and present them in a summary.
Structure of the answer:
Introduction:
Begin by mentioning the contradiction between development and ecological conservation.
Body:
First, write about the threats to wildlife sand ecosystems from the developmental activities – Road/Railway lines inside protected areas, Uncontrolled passage of heavy vehicles during night-time, Man-animal conflicts, Threat from invasive species
Next, write about balancing both developmental as well environmental objectives. Give reasons for the same.
Next, discuss the potential solutions to issues.
Conclusion:
Conclude by writing a way forward.
Introduction
Rapid industrialisation and urbanisation are inevitable to bring in desired levels of economic development. This is also believed to be essential to substantially increase the per capita income.
However, these income-generating activities are sure to have negative environmental consequences such as pollution. Noticeably, environmental quality is being compromised for the goals of mass employment generation and poverty reduction.
It is believed that with gradual increase in income levels along with growth in financial and technological capabilities, environmental quality could be restored.
But the reality is that the continued growth generating activities only increasingly deteriorates the environmental quality.
Body
Increased development and challenges to environment
- The current GDP estimates do not account for the gains/losses in natural capital.
- Identifying and quantifying the ecosystem services for the purpose of damage assessment is a difficult task in the absence of relevant data.
- Water scarcity, high levels of pollution, extreme weather phenomena and the regular occurrence of floods and droughts could strain an economy fighting to grow.
- Health challenges, increase in income inequality, increased pollution and a depletion of natural resources are offshoot of degrading environment due to rapid urbanization and industrialisation.
- Large economic growth adversely affects the environmental quality and economic welfare of individuals and households.
- Development policies give more priority to income and employment generation, implementation of pollution control policies is very poor.
- At present, the price of a commodity covers only the private cost of production, not the damage cost to environment and their effects thereof.
- This makes the commodity relatively cheaper leading to more demand and output, and more pollution and environmental damage cost.
- India has more environmental conflicts than any other country, according to Environmental Justice Atlas, an international database.
- Researchers have found that environmental governance in India is poor not because of laws but their pathetic implementation.
- Multiplicity of authorities for environmental management and poor coordination among them.
Development vs Environment
- Development and environment are two sides of the same coin.
- On one hand people are concerned about the environment in which they live. On the other hand, to eradicate poverty and increase growth in the economy, development is mandatory.
- Major issues like global warming, greenhouse effect, air and water pollution are increasing each day. Without economic development a nation cannot come out of the vicious circle of poverty. The key is sustainable development which has been the conversation for many years now.
- As our population grows, finding a balance between economic advancement and consumption of natural resources is a vital question that India should address. Development without environment is meaningless.
- We need to save our resources for our future generations so that they can live in a healthy environment.
Conclusion and way forward
- Development remains the greatest pursuit as well as a challenge, faced by humanity. However, despite the unprecedented economic and social progress that has been made over the last century, poverty, famine and environmental degradation still persist on a global scale.
- Moreover, environmental deterioration and climate change have started to show irrevocable damages to the developmental progress made so far.
- Thus, development goals must be pursued without breaching environment regulations.
Topic: issues relating to intellectual property rights.
Difficulty level: Tough
Reference: The Hindu , Insights on India
Why the question:
The Supreme Court of India has passed a far-reaching judgment resolving the question of whether copyright infringement, which is punishable with imprisonment for a term which may extend up to three years under the Copyright Act of 1957, is a cognisable offence under the Code of Criminal Procedure (CrPC), 1973.
Key Demand of the question:
To write about the types of IPRs, issues in its administrations and steps to resolve them.
Directive:
Examine – When asked to ‘Examine’, we must investigate the topic (content words) in detail, inspect it, investigate it and establish the key facts and issues related to the topic in question. While doing so we should explain why these facts and issues are important and their implications.
Structure of the answer:
Introduction:
Start with the definition of IPR and its objectives.
Body:
First, write about the different types of IPRs.
Next, write about the various issues in IPRs administration – Patent Ever greening Prevention, Subsidies & IPR Issues, The Product Patents Process, Protecting traditional knowledge, Compulsory Licensing & Drug Price Control Order etc.
Next, write about the reforms that are needed.
Conclusion:
Conclude by writing a way forward.
Introduction
Intellectual property (IP) refers to creations of the mind, such as inventions; literary and artistic works; designs; and symbols, names and images used in commerce.
India, as a member of the World Trade Organization and signatory to the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) is obliged to align its intellectual property rights laws with the TRIPS agreement.
Body
Different types of Intellectual Property Rights (IPRs)
- Copyright
- Copyright is a legal term used to describe the rights that creators have over their literary and artistic works.
- Works covered by copyright range from books, music, paintings, sculpture and films, to computer programs, databases, advertisements, maps and technical drawings.
- Patents
- A patent is an exclusive right granted for an invention.
- Generally speaking, a patent provides the patent owner with the right to decide how – or whether – the invention can be used by others.
- In exchange for this right, the patent owner makes technical information about the invention publicly available in the published patent document.
- Trademarks
- A trademark is a sign capable of distinguishing the goods or services of one enterprise from those of other enterprises.
- Trademarks date back to ancient times when artisans used to put their signature or “mark” on their products.
- Industrial designs
- An industrial design constitutes the ornamental or aesthetic aspect of an article.
- A design may consist of three-dimensional features, such as the shape or surface of an article, or of two-dimensional features, such as patterns, lines or color.
- Geographical indications
- Geographical indications and appellations of origin are signs used on goods that have a specific geographical origin and possess qualities, a reputation or characteristics that are essentially attributable to that place of origin.
- Most commonly, a geographical indication includes the name of the place of origin of the goods.
- Trade secrets
- Trade secrets are IP rights on confidential information which may be sold or licensed.
- The unauthorized acquisition, use or disclosure of such secret information in a manner contrary to honest commercial practices by others is regarded as an unfair practice and a violation of the trade secret protection.
Challenges in enforcing IPR in India
- Priority Watch List: Special 301 Report issued by the office of the United States Trade Representative (USTR) has India on the “priority watch list”.
- The report mentions “Over the past year, India took steps to address intellectual property (IP) challenges and promote IP protection and enforcement. However, many of the actions have not yet translated into concrete benefits for innovators and creators, and long-standing deficiencies persist”.
- India remains one of the world’s most challenging major economies with respect to protection and enforcement of IP.
- Compulsory licensing:
- Higher level of scrutiny: Apart from the global patentability requirements for inventions to have novelty, inventive step and industrial applicability, the Indian patent act has specific provisions, covered under Section 3, that makes the patentability of an invention relating to subject matter such as
- derivatives of a pharmaceutical drug;
- patentability of stem cells;
- diagnostic methods and kits
As a result, these inventions face a higher threshold of examination and scrutiny.
- Section 3(k) bars patentability of computer programs per se or algorithms. This objection exists as default for all computer-related inventions.
- Section 3(d) restricts patentability of derivative/s of a pharmaceutical compound. A derivative has to show significant difference in therapeutic efficacy with respect to the parent compound for overcoming the barrier of Section 3(d).
- Backlog and time for final decision: The basic challenge in the enforcement of patent rights is the time it takes for the court to make a final decision. A patent lawsuit ordinarily takes approximately five to seven years to be finally decided after trial, if contested by the other party.
- Compulsory licensing: It is problematic for foreign investors who bring technology as they are concerned about the misuse of CL to replicate their products. It has been impacting India-EU FTA negotiations.
- Combatting piracy and counterfeit products: India is key exporter of counterfeit fake products such as foodstuffs, textiles, shoes, electronics etc. Enforcement of the Copyright act is weak, and piracy of copyrighted materials is widespread.
Measures needed
- Fostering an environment where innovation flourishes and a knowledge economy is built, is the key idea. Hence, the policy should have a balance.
- It should encourage patenting and at the same time ensure that patentability of a product/process does not deter further innovation and progress.
- Intellectual Property must not be about patents on paper but dearth of application in reality. T
- The organisations such as CSIR and others must be encouraged to work upon socially useful applications of their patents.
- Support for innovation has to be accompanied with instruments that guard local companies against the misuse of market power, coercive bargaining and aggressive acquisition strategies.
- India needs to spread awareness on IPR in public and for its traditional industries to enable fair monetisation of IP Rights.
- It needs to safeguard its patents, copyrights and traditional knowledge by ensuring easy IPR rules.
Conclusion
Beliefs, attitudes and approaches towards IPRs in India must change for the sake of the ambitions articulated in this government’s many initiatives—from Make in India to Startup India and Smart Cities. Indian policymakers do not adequately appreciate the fundamental reality that IP laws and policies are meant to incentivize innovation by establishing enforceable boundaries to protect new products, processes, and original works of expression. Adequate safeguards though necessary should not cripple innovation or new technology that can come to India and benefit the larger public.
Value addition
Overview of IPR and patents in India
- The issue of IP enforcement has become all the more sensitive considering a bulk of patent applications in India are filed by foreign companies.
- As an example, the data provided by the Indian IP office in its annual report of 2017-2018 shows the applications filed by foreign applicants were more than double (32,304) compared to those by Indian residents (15,550).
- The International IP Index 2017 released by the US Chamber of Commerce, compares India’s intellectual property environment with that of 44 other world economies. The index ranked India at a dismal 43rd position out of 45 countries.
- This shows that challenges to innovation continue to exist in India and, therefore, the government needs to build upon the positive rhetoric of its IPR policy with the substantial legislative reforms that innovators need.
National IPR Policy
A comprehensive National IPR policy was adopted in May 2016, to stimulate innovation and creativity across sectors, and provide a clear vision regarding IPR issues. Objectives enshrined in the policy are hereunder:
- IPR Awareness – Outreach and Promotion – To create public awareness about the economic, social and cultural benefits of IPRs among all sections of society; Generation of IPRs – To stimulate the generation of IPRs;
- Legal and Legislative Framework – To have strong and effective IPR laws, which balance the interests of rights’ owners with larger public interest
- Administration and Management – To modernize and strengthen service-oriented IPR administration;
- Commercialization of IPRs – Get value for IPRs through commercialization; 6 Enforcement and Adjudication – To strengthen the enforcement and adjudicatory mechanisms for combating IPR infringements; and
- Human Capital Development – To strengthen and expand human resources, institutions and capacities for teaching, training, research and skill building in IPRs.
General Studies – 4
Topic: Human Values – lessons from the lives and teachings of great leaders, reformers and administrators;
7. What does this quote means to you? (150 words)
Difficulty level: Moderate
Why the question:
The question is part of the static syllabus of General studies paper – 4 and part of ‘Quotes Wednesdays’ in Mission-2022 Secure.
Structure of the answer:
Introduction:
Begin by explaining the literal meaning of the quote.
Body:
Write about importance of liberty and equal liberties for everyone. Give instances across the world where liberty has been curtailed across the world, its impact and talk about the need for their liberation.
Conclusion:
Summarise by highlighting the importance of the quote in the present day.
Introduction
John Rawls (1921-2002) was a contemporary philosopher who studied theories surrounding justice. He gave a theory of Justice as Fairness, giving a deontological theory on Justice. He was in influenced by Immanuel Kant who believed in human dignity and hence he gives utmost priority to liberty.
Body
From the very beginning both man and the state have been making efforts for the security of their freedom. Freedom is a very precious condition without which neither the state nor the individuals can make any progress. We remember very well how cruelly the absolute monarchs ignored the claims of liberty in England in ancient and medieval ages. Today liberty is severely curtailed in nations like North Korea, Afghanistan with Taliban takeover especially for women, in Saudi Arabia etc.
When people feel that they can freely express their frustrations and feel that they petition the government regarding their grievances, they don’t feel ‘pushed’ to take matters into their own hands. Instead of taking up arms, heading for the hills, and waging guerrilla war against the central government, disaffected people can take to the airwaves. They can take out ads, and they can participate in the political discourse. When governments give a proper forum for dissenting voices, the society as a whole is more stable because people and dissenting groups don’t feel so disaffected, marginalized, or suppressed that their only option in bringing about change is through violent revolution or regime change brought about by military means.
Societies that focus on individual liberties, free societies, often produce economic freedom. This leads to better economies. When there are more choices in a market, there is a tendency for lower prices at higher quality levels for products and services. When individual liberties against government control, monopolization, and standardization are protected, individuals are encouraged to experiment and offer different products and services which can benefit society as a whole since there are more choices available. The more choices people have, the better for the economy. By protecting individual businesses from arbitrary government action, the economy benefits since there are more solutions and more economic diversity.
Conclusion
From increasing economic choices which can lift countries out of poverty to increasing opportunities for cultural expression and artistic excellence, political liberties lay important seeds that lift societies on many levels. The biggest benefit of liberty, however, is truly personal. With the right political, cultural, economic, and social framework rooted in liberty, societies can lay the groundwork for people truly exploring and pursuing the highest levels of personal, spiritual, and philosophical transcendence.
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