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: History of the world will include events from 18th century such as industrial revolution, world wars, redrawal of national boundaries, colonization, decolonization, political philosophies like communism, capitalism, socialism etc.— their forms and effect on the society.

1. Do you think the policies of Mikhail Gorbachev resulted in the collapse of the Soviet Union? Critically analyse. (250 words)

Difficulty level: Moderate

Reference: The Hindu ,Insights on India

Why the question:

Mikhail Gorbachev, who ended the Cold War without bloodshed but failed to prevent the collapse of the Soviet Union, died on Tuesday at the age of 91.

Key Demand of the question:

To write about the reasons for the collapse of the Soviet Union and role of Mikhail Gorbachev in it.

Directive:

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 giving context of Gorbachev’s Glasnost and Perestroika.

Body:

First, in detail explain the polices of Glasnost and Perestroika and their impact on the Soviet Union and how they played a part in the fall of the Soviet Union.

Next, write about the other factors that were responsible for the fall of Soviet Union apart the above.

Conclusion:

Conclude by writing a balanced opinion on the issue.

Introduction

Mikhail Gorbachev was the last leader of United USSR. He was the young and dynamic soviet leader who wanted to reform communist regime on the lines of democratic principles  by giving some freedom to citizens. Gorbachev, who passed away recently, had set out to revitalise the moribund Communist system and shape a new union based on a more equal partnership between the 15 republics, of which the two most powerful were Russia and Ukraine. Yet in the space of six years, both Communism and the Union came crashing down.

Body

Gorbachev’s policies

• Gorbachev identified the economic and political problems of USSR, and started a series of reforms like Perestroika and Glasnost with the intention to revive economy.
• He recognised the policy of Glasnost or freedom of speechwhich was severely curtailed during earlier regime.
• He began a program of economic reform called Perestroika or Restructuringwhich was necessary as Soviet economy was suffering from both hidden inflation and supply shortages
• Cultural freedoms were granted to the press and the artistic community during Gorbachev’s time
• He launched radical reforms meant to reduce party control of the government apparatus.
• Thousands of political prisoners and their dissidents were released during his rule
• He is accredited with the success of nuclear disarmament agreement with USA which won him Nobel Peace Prize.

Did Policies of Gorbachev lead to fall of soviet union?

• The policies were a deviation from the communist policies, and was more closely associated with the market economy. Many communist leaders in USSR opposed reforms initiated by Gorbachev.  They encouraged a coup in 1991.
• The second part of Gorbachev’s plan, glasnost, addressed the personal restrictions of the Soviet people.
• For decades, citizens lived without freedom of speech, the press or religion, and the State arrested millions of potential dissidents. Gorbachev’s glasnost plan gave the Soviet people a voice they were free to express.
• Gorbachev’s reforms did more to hasten the fall of the Soviet Union than they did to save it. By loosening controls over the people and making reforms to the political and economic elites, the Soviet government appeared weak and vulnerable to the Soviet people.
• They used their newfound powers to organize and critique the government, and in 1991, they successfully ended Soviet rule.

However, there were other factors too aiding the downfall of Soviet Union

• Economic Weakness
  • The weakness of the economy was the major cause of dissatisfaction among the people in USSR. There was severe shortage of consumer items. The reason for economics weakness were the following.
  • Huge military spending.
  • Maintenance of satellite states in Easter Europe.
  • Maintenance of the Central Asian Republics within the USSR.
• Western aggression:-
  • US under Reagan’s leadership led to a massive increase in American military spending, as well as research into new and better weapons.
  • US supported the Strategic Defense Initiative (SDI), which nullified the Soviet nuclear arsenal by destroying missiles as they fell and made a nuclear war theoretically winnable for the United States.
  • US did not just attack the Soviets with military spending. He also attacked their economy. The United States isolated the Soviets from the rest of the world economy, and helped drive oil prices to their lowest levels in decades. Without oil revenue to keep their economy solvent, the Soviet Union began to crumble.
• Political Un-accountability
  • The communist party regime (single party rule) for around 70 years turned authoritarian. There was widespread corruption, nepotism and lack of transparency.
  • Gorbachev’s decision to allow elections with a multi-party system and create a presidency for the Soviet Union began a slow process of democratization that eventually destabilized Communist control and contributed to the collapse of the Soviet Union.
• Rise of nationalism
  • Rise of nationalism among countries like Russia, Baltic republics (Estonia, Latvia, Lithuania), Ukraine, Georgia etc is the most important and immediate cause of disintegration of the USSR.

Conclusion

The fall of USSR led to end of many communist regimesin response to mass protests, end of cold war leading to unipolar world dominated by US etc.

General Studies – 2

Topic: issues and challenges pertaining to the federal structure

2. Trace the development of fiscal federalism in India. Examine the various issues in it and give suggestions to enhance fiscal federalism in the country.  (250 words)

Difficulty level: Easy

Reference: Insights on India

Why the question:

The question is part of the static syllabus of General studies paper – 2 and mentioned as part of Mission-2023 Secure timetable.

Key Demand of the question:

To write about the evolution of fiscal federalism in India, issues in it and measures needed to overcome the issues.

Directive:

Structure of the answer:

Introduction: 

Begin by defining fiscal federalism in India.

Body:

First, give a brief about the development of fiscal federalism in India since independence.

Next, write about the various issues with respect to fiscal federalism in India – opacity, GST issues, FRMBA, impact of the pandemic etc.

Next, write about the measures needed to rectify the above.

Conclusion:

Conclude with a way forward.

Introduction

While fiscal federalism in India has a long history, its practice has grown increasingly opaque over the years. Serious attention is required to improve its principles and practices. The India of today, notably through its governance “matrix”, economic development, institution-building and multilateral relations, are vastly different from the India that drafted its constitution in 1950. India is going through a transition in its intergovernmental relations. Boundaries based on linguistic factors and administrative convenience are blurring, given changes brought on by innovation and migration. Socio-economic trends such as technological change, rising mobility and market integration will affect the future of fiscal federalism in India.

Body

Development of fiscal federalism in India

• Broadly speaking, with the evolution of fiscal federalism in India, there has beenmarked stability in its process and procedures.
• The annual budgetary processes of both the central and federal governments are independent exercisesand must pass through the Parliament or state legislature.
• The Finance Commission, which was first constituted in 1951, performs the functions broadly enshrined inArticle 280 of the Indian Constitution.
• For most of the post-independence era, the existence of the Planning Commission injected centralising dependence in more ways than one.
  • The Planning Commissionbecame a parallel institution for the transfer of resources from the Union of States.
• While the focus of the Finance Commission remained on the revenue account, the Planning Commission was concerned predominantly with the capital account.
• Successive Finance Commissions commented on this as being inconsistent with the spirit of the Constitution in the devolution of resources.
• There were other developments, like the73rd and 74th Amendments of the Constitution in 1992 giving status to Panchayat Raj institutions and Urban Local Bodies with specific functions assigned to them under the 11th and 12th schedules.
• The Fourteenth Finance Commission decided that 42% of NDP (net divisible pool) should go to the subnational governments by way of devolution, or net proceeds of taxes, and the balance should go to the central government. In addition, after projecting the likely growth rates of individual subnational governments and their likely buoyancy in appropriate cases, a revenue deficit grant under Article 275 was given.

Various issues regarding fiscal federalism in India

• GST: States have lost the autonomy to decide the tax rates of subjects that fall within the State List.
  • Previously, state governments used to fix tax rates by taking into account their spending requirements, revenue base, etc.
  • The inability of states to fix tax rates to match their development requirements implies greater dependence on the centre for funds.
• Cess and surcharges: Another emerging challenge is that cesses and surcharges are becoming a disproportionate proportion of the overall divisible revenue, withnon-tax revenues being kept outside the divisible pool.
  • These are worrisome issues, and there should be some mechanism to ensure that the basic spirit of the devolution process should not be undercut by clever financial engineering or by the manipulation of methods that makes them technical and legally tenable, but perhaps not morally so.
• Increasing dependency on Centre: The dependency of states on the Centre for revenues has increased, with the share of the revenue from own sources declining from 55% in 2014-15 to 50.5% in 2020-21.
  • While part of this is inherent in India’s fiscal structure, wherein states are the big spenders and the Centre controls the purse strings, the situation has been exacerbated by the introduction of the GST.
  • Barring a few exceptions, such as petroleum products, property tax, and alcohol excise, indirect taxes have, to a large degree, been subsumed under the GST regime, eroding the ability of states to raise their own revenues.
• Shortfall in devolution:Adding to state woes is the significant divergence in past periods between the amount of GST compensation owed and the actual payments made, including for states such as Uttar Pradesh, Bihar and Jharkhand that need greater fiscal support.
  • Even before Covid-19 hit, 11 states estimated a revenue growth rate below the estimated 14% level, implying higher amounts will be owed as GST compensation.
  • With the bulk of the states’ GST coming from goods such as electronics, fashion, and entertainment — all of which have been impacted by the pandemic — these revenues are likely to decline further.

Measures needed

To sum up, for a large federal country of a mind-boggling diversity, India’s ability to fight Covid-19 pandemic largely rests on how well it manages its Centre-state relation.

• When compared with other large federal countries such as the US, the country has done very well to minimize the frictions and provide a sense of direction to the states.
• However, tackling Covid-19 as seen from the experience of other countries would require adifferential and agile response across states and the Centre has at best to play the role of a mentor in providing leadership and resource support.
• The rigid approach as evident in lockdown phase would prove a major hurdle. States must becleared their dues and be given ample fiscal space to ensure economy is revived.
• States must be allowed to lead in terms of reviving economy, generating income support, jobs while contain the virus at the same time.
• The next big change will come when the current Centre-state relationship gets redefined in a way that enables the 28 states to become federal in the true sense – as self-sustaining economic territories in matters of energy, water, food production and waste recycling.
• Our economic geography of production, transport and communication has to change – it has to become distributive rather than being focused towards the Centre.
• Centrally distributed funds will need to be directed specifically to build the capacities of each state.
  • The instruments will enable them to embark on a sustainable economic recovery whose base is widely distributed across the various panchayats and districts of each state.
  • Driving distributive recovery will be energy, transport, supply chains, public administration, rule of law, agriculture and rural development.
• a buoyant tax system can ease the battle for resources in our federal system, and hopefully minimize the mistrust that has grown in recent years between the Centre and states.
• The 15th Finance Commission has thus recommended a slew of fiscal reforms to increase the tax-to-GDP ratio, especially through an overhaul of the goods and services tax.
• In short, the real cooperative federalism which the Centre has been espousing for many years is now put on test and the Centre must ensure states are given full cooperation to battle the challenge.

Conclusion

It is important now to rethink the design and structure of a genuine fiscal partnership, which should not merely be a race to garner more resources, but a creative attempt to move towards a vibrant Indian value chain that can catapult India’s growth rate closer to the quest for double-digit growth. Times of economic slowdown must be viewed anecdotally as they are transient in nature and cannot impair India’s vision, both with regard to its potential and its historical compulsions. It is necessary to recast the ideology in a more contemporary context; only then will the practice become more transparent, and India will benefit from congruence between its precepts and practice.

 

Topic: issues and challenges pertaining to the federal structure

3. Tensions over centralisation in certain spheres of governance has adversely affected centre-state relations in the recent past. Do you agree the view that there has been a rise of unitary tendencies? Critically analyse. (250 words)

Difficulty level: Tough

Reference: Insights on India

Why the question:

The question is part of the static syllabus of General studies paper – 2 and mentioned as part of Mission-2023 Secure timetable.

Key Demand of the question:

To write about the centralising tendency witnessed in India and suggests steps to overcome it.

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 defining federalism.

Body:

First, write about the various tensions in the centre-state relations in the recent past. Cite examples to substantiate.

Next, mention the centralising tendencies witnessed in India prior to the pandemic – monetary share of the States in Centrally Sponsored Schemes (CSS), the terms of reference of the 15th Finance Commission, imposition of demonetisation without adequate consultation with the States, institutionalisation of the Goods and Services Tax (GST), outsourcing of the statutory functions under the Smart Cities Mission, a delay in transfer of GST compensation, ‘One Nation One Ration’,

Next, write about the other side. Mention the various facets that have promoted federalism in the recent past.

Conclusion:

Conclude by giving a balanced opinion.

Introduction

India is a federal state where the Centre and the State are the Cooperating units of the polity. Yet India is an asymmetrical federalism, with the balance of power tilting in the favour of the Centre. Article 256 deals with Union-state relation and State’s obligation while Article 365 mandates the state governments to follow and implement the directions of the Central government. Changing dynamics of party system is shaping the trajectory of Federalism from cooperative to confrontationist.

Body

Centre-state relations: Amidst centralisation

• State’s dwindling resources: The findings suggest that recent changes in India’s fiscal architecture, including the Goods and Services Tax (GST) regime, and increase in state shares for the Centrally Sponsored Schemes (CSSs) had placed state finances in a precarious position, even prior to the crisis.
• Increasing dependency on Centre: The dependency of states on the Centre for revenues has increased, with the share of the revenue from own sources declining from 55% in 2014-15 to 50.5% in 2020-21.
  • While part of this is inherent in India’s fiscal structure, wherein states are the big spenders and the Centre controls the purse strings, the situation has been exacerbated by the introduction of the GST.
  • Barring a few exceptions, such as petroleum products, property tax, and alcohol excise, indirect taxes have, to a large degree, been subsumed under the GST regime, eroding the ability of states to raise their own revenues.
• Shortfall in devolution:Adding to state woes is the significant divergence in past periods between the amount of GST compensation owed and the actual payments made, including for states such as Uttar Pradesh, Bihar and Jharkhand that need greater fiscal support.
  • Even before Covid-19 hit, 11 states estimated a revenue growth rate below the estimated 14% level, implying higher amounts will be owed as GST compensation.
  • With the bulk of the states’ GST coming from goods such as electronics, fashion, and entertainment — all of which have been impacted by the pandemic — these revenues are likely to decline further.

Rising unitary tendencies

• Article 355enjoins the Union to “… ensure that the government of every State is carried on in accordance with the provisions of this Constitution”.
  • Example:When State governments raised concerns about the NPR, the Union insisted that States are under a constitutional duty to implement laws passed by Parliament.
• Centrally sponsored Schemes: CSS is the biggest component of Central Assistance to state plans (CA), where states don’t have much flexibility.
• Enforcement of International Treaties and Agreements. This provision enables the central government to fulfil its international obligations (Art. 253). The Lokpal and the Lokayuktas Bill, 2011 was introduced in the Parliament through the provisions of this particular article.
• Article 200: Reservation of state Bills by Governor for President’s assent.
• Article 256 mentions that the executive power of every state shall be so exercised as to ensure compliance with laws made by Parliament and any existing laws, which apply in that state, and the executive power of the Union shall extend to the giving of such directions to a state as may appear to the Government of India to be necessary for that purpose.
• Several issues such as trust deficit and shrinkage of divisible poolsplague Centre-State relations. Together, they make total cooperation difficult.
• On one hand the Centre has increased the States’ share of the divisible pool but in reality States are getting a lesser share.
  • For instance, as per the 16^thFC recommendations, many south states are on the losing side of their share of tax resources.
  • The allocation towards various social welfare schemes has also come down, affecting the States’ health in turn.
• Inter-State water disputes like the Mahadayi issue between Goa and Karnataka, Mahanadi water disputes (Odisha and Chhattisgarh) requires cooperation from all quarters (centre and riparian states).

Strengthening of Indian federal polity

• Legislative/Administrative
  • Separation of Power: Schedule 7of Constitution provides strict delineation of powers between center and state. (Except during emergencies which comes under judicial review)
  • Article 131 of the Constitution, which gives the Supreme Court exclusive jurisdiction to hear cases between states and the Centre. Eg: Chhattisgarh moved SC against NIA Act in Jan 2020.
  • Coalition governments: It has increased states’ bargaining power.
• Political
  • In relation to the imposition of President’s rule under Article 356 of the Constitution, federalism is far more mature.
• Financial
  • GST Council: Passing of GST is a shining example of cooperative federalism where States and Centre have ceded their power to tax and come up with a single tax system to realize the dream of one Economic India with ‘One Nation, One Market’.
  • Majority decisions have been based on consensus till now, while states gave 2/3^rdof votes.
  • Since 10^thFC, state’s share has been continuously increasing till 14^th FC by devolving 42%.
• Other Areas
  • NITI Aayog: Replacing the erstwhile Planning Commission, the Aayog is promoting bottom-up approach to development planning.
  • Sabka Saath Sabka Vikasinvolves State’s as equal partners of development. There is a move towards competitive and cooperative

Conclusion and way forward

• Strengthening of Inter-State Council: Over the year multiple committees have recommended strengthening of Interstate Council where the concurrent list subjects can be debated and discussed, balancing Centre state powers. There is far less institutional space to settle inter-state frictions therefore a constitutional institution like ISC can be a way forward.
• Autonomy to states: Centre should form model laws with enough space for states to maneuver. Centre should give enough budgetary support to states so as to avoid budgetary burden. There should be least interference in the state subjects.
• Democratic Decentralizationof administration and strengthening governments at all levels in true spirit. Power should be decentralized based on the principle of subsidiarity.

While in certain areas, it might warrant greater powers to the Union(defence, currency etc), on the development front (education, health etc.) the Centre should respect the autonomy of the other two levels of government and consciously avoid the tendency to centralize powers and functions.

General Studies – 3

Topic: Inclusive growth and issues arising from it.

4. What is ultra-poverty? Discuss the need for specialized safety net programs, and large-scale government livelihood programs designed to address the issues of ultra-poor in the country. (250 words)

Difficulty level: Moderate

Reference: Live Mint , Insights on India

Why the question:

Extreme poverty, as per the International Poverty Line, was expected to affect between 9.1% and 9.4% of the world’s population in 2020, according to The World Bank Poverty and Shared Prosperity Report.

Key Demand of the question:

To write about ultra-poverty and measures need to combat it.

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 defining ultra-poverty.

Body:

First, provide a statistic regarding to ultra-poor in the country and bring out its impact.

Next, mention the limitations of existing of poverty alleviation schemes in addressing the issues of the ultra-poor.

Next, write about the need for specialised focus and attention towards ultra-poor. Measures needed to combat ultra-poverty.

Conclusion:

Conclude by writing a way forward.

Introduction

Ultra poverty is an inability to meet even the barest of basic needs. The ultra-poor are typically food insecure, have few or no assets, lack education, and suffer from poor health. Extreme poverty, as per the International Poverty Line, was expected to affect between 9.1% and 9.4% of the world’s population in 2020, according to The World Bank Poverty and Shared Prosperity Report.

The term ‘Ultra Poverty’ itself was coined by researcher Michael Lipton and defines the ultra-poor as those who spend 80 percent of their total expenditures on food and cannot attain 80 percent of their standard caloric needs. They are variously referred to as ‘extreme poor’, ‘ultra-poor’, ‘poorest of the poor’ and, often, interchangeably.

Body

Ultra-poverty

• The ultra-poor have many significant differences from the poor. The households living in ultra-poverty are tied to unpredictable availability of wage labour, own few or no assets of even a non-durable nature, have limited livelihood prospects and are socially, economically, and geographically isolated.
• They tend to be food insecure, living on less than 2 meals a day.
• Malnutrition exacerbates illnesses that further drain resources, leading to borrowings from exploitative moneylenders.
• There are several government safety net programs, and large-scale government livelihood programs that are targeted at the poor, however, many of these programs do not reach the ultra-poor and the most vulnerable.
• They are also often out of reach for market-based solutions.

Limitations of existing of poverty alleviation scheme

• Despite various strategies to alleviate poverty, hunger, malnourishment, illiteracy and lack of basic amenities continue to be a common feature in many parts of India.
• Though the policy towards poverty alleviation has evolved in a progressive manner, over the last five and a half decades, it has not undergone any radical transformation.
• Compared to the magnitude of poverty, the amount of resources allocated for these programs is not sufficient. Moreover, these programs depend mainly on government and bank officials for their implementation.
• Since such officials are ill-motivated, inadequately trained, corruption-prone, and vulnerable to pressure from a variety of local elites, the resources are inefficiently used and wasted.
• There is also non-participation of local-level institutions in program implementation.
• Government schemes have also failed to address the vast majority of vulnerable people who are living on or just above the poverty line.
• It also reveals that high growth alone is not sufficient to reduce poverty. Without the active participation of the poor, successful implementation of any program is not possible.

Need for new approach to combat ultra-poverty

• The graduation approach is a tested and evidence driven approach to ‘graduate’ the poorest of poor out of ultra-poverty based on the premise that special multifaceted and sequenced interventions are required before these households can join any large-scale savings and credit based or market-oriented livelihoods programs.
• The program is centred on intense hand holding of the identified households through motivated and well-trained field cadres.
• It includes a consumption grant to provide ‘breathing space’ for the household to learn livelihoods activities, a ‘big push’ livelihood grant (either for agriculture, livestock, a small enterprise, or a combination), household-level enterprise planning and development support, access to rights and entitlements, access to food and nutritional security, health and education services and support through special institutions to address the unique challenges of the poorest of the poor.
• Most recently, the Jharkhand State Livelihood Promotion Society (JSLPS) has initiated work with PVTGs and other ST/SC communities using the graduation approach in the 3 districts of Palamu, East Singhbhum and Godda, with the technical support of The/Nudge Institute. The program will be evaluated extensively for impact, effectiveness, and durability over the next 3 years and subsequently scaled-up.

Conclusion

Building on these experiences, with the endgame of eliminating ultra-poverty in India, would undeniably contribute towards India’s journey in becoming a developed country. Poverty can effectively be eradicated only when the poor start contributing to growth by their active involvement in the growth process. This is possible through a process of social mobilisation, encouraging poor people to participate and get them empowered.

Topic: issues relating to intellectual property rights.

5. Do you think the administration of intellectual property (IP) regime is a hindrance to growth of innovation in the country?  State your opinion. (250 words)

Difficulty level: Moderate

Reference: Live Mint , Insights on India

Why the question:

Two weeks ago, the Economic Advisory Council to the Prime Minister released a report on the current status of India’s intellectual property (IP) regime. It noted a marked increase in the number of patents filed in the country over the past decade (from only 39,400 patents filed in 2010-11 to as many as 66,440 in 2021-22).

Key Demand of the question:

To write about the various issues in its administration of IPR and steps needed to resolve them.

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 giving a balanced opinion.

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

Background

• Two weeks ago, the Economic Advisory Council to the Prime Minister released a report on the current status of India’s intellectual property (IP) regime.
• It noted a marked increase in the number of patents filed in the country over the past decade (from only 39,400 patents filed in 2010-11 to as many as 66,440 in 2021-22).

Challenges in administering IPR in India

• Priority Watch List: Special 301 Report issued by theoffice 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 havenot 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.
• Evergreening of Patents:
  • Section 3(d) of the Indian Patent Act 1970 (as amended in 2005)does not allow patents to be granted to inventions involving new forms of a known substance unless it differs significantly in properties about efficacy.
  • This means that the Indian Patent Act does not allow the evergreening of patents. The pharma companies have been facing problems due to this.
• Compulsory licensing:
  • Compulsory licensing 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.
  • It is the grant of permission by the government to entities to use, manufacture, import, or sell a patented invention without the patent owner’s consent. Patents Act in India deals with CL.
  • It is permitted under the WTO’s TRIPS (IPR) Agreement provided conditions such as ‘national emergencies, other circumstances of extreme urgency and anti-competitive practices’ are fulfilled.
• Data exclusivity:
  • Foreign investors complain that the Indian law does not contain the unfair commercial use of test data submitted to the government during the application for market approval.
  • A data exclusivity law is being demanded from the Indian side.
• 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.
• Combating 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.

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.

General Studies – 4

Topic: Human Values – lessons from the lives and teachings of great leaders, reformers and administrators;

6. What does this quote means to you? (150 words)

“How vain it is to sit down to write when you have not stood up to live.” ― Henry David Thoreau

Difficulty level: Tough

Why the question:

The question is part of the static syllabus of General studies paper – 4 and part of ‘Quotes Wednesdays’ in Mission-2023 Secure.

Structure of the answer:

Introduction: 

Begin by explaining the literal meaning of the quote.

Body:

Write about how it is too easy to criticise something or others but it is immensely difficult to take a stand against something, especially, in the face of adversity. Mention that it is lack of moral courage that leads to this. Substantiate with examples.

Conclusion:

Summarise by highlighting the importance of the courage in the present day.

Introduction

Many authors and writers often write about their own life experiences. With lack of life experience, one cannot write meaningfully or engage the audience. This is the point brought out by Henry David Thoreau, who moved into a small isolated cabin for two years two months and two days, to hone his philosophy of simple living.

Body

Experiencing going to war is different than reading about it. But that does not mean that a person who has never been in the military cannot write about war. However, he/she may lack credibility in the eyes of some readers.

Be it an author or anyone, without experiencing certain things in life, we cannot meaningfully recollect/write about it and it would be futile to tell it to the world. For instance, without going on We need to be going out there and experience life ourselves to tell stories.

By implication, Thoreau is praising those who sit down to write having stood up to live. I take it that he is criticizing writing, that only feeds on other writing without expressing knowledge the writer has acquired from direct personal experience. A pundit, for example, who expresses opinions about all manner of political decisions and policies without ever having participated in politics, has sat down to write without having stood up to live. Granted, participating in public debate is itself a form of political participation, but when the opinions are uninformed and insensitive to what is and isn’t politically possible under the circumstances such writing degrades rather than elevates the quality of the public sphere.

Conclusion

Gaining from experiencing and life learning are important to meaningfully talk or write about it. First-hand experience is also etched in memory and one can truly make the readers believe about the experience.

• What does this quote means to you? (150 words)

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)

“By three methods we may learn wisdom: First, by reflection, which is noblest; Second, by imitation, which is easiest; and third by experience, which is the bitterest”. – Confucius

Difficulty level: Easy

Why the question:

The question is part of the static syllabus of General studies paper – 4 and part of ‘Quotes Wednesdays’ in Mission-2023 Secure.

Structure of the answer:

Introduction: 

Begin by explaining the literal meaning of the quote.

Body:

Elaborate upon the quote and the various ways in which wisdom can be achieved. Substantiate with examples. Mention as to which are the preferred ways of obtaining wisdom.

Conclusion:

Summarise by highlighting the importance of the quote in the present day.

Introduction

Confucius was a famous Chinese philosopher, teacher and political figure remembered for his celebrated aphorisms and for his principles of social interaction. I the above quote, he highlights the ways and means of learning and gaining wisdom and calls self-experience is the difficult way of learning. In other words, certain situation can be easily tackled by learning through imitation and reflection rather than committing same mistakes as others.

Body

Learning Wisdom by Reflection

According to Confucius, this method is the noblest one. Meaningful reflection can do miracles as it strengthens your capacity to absorb and learn.

Reflective learning makes the best understanding of untrained subjects — as you can connect different concepts to your already established theories and empower you to transform that to something that your metacognitive system is already experienced of. Reflection is further like a discovery method that stimulates various insights and help us growing out learning potentials. It hit upon both our cognitive as effectively as emotional sub-structure.

Learning Wisdom by Imitation

Confucius says this is the easiest method to learn. For kids it is the leading instrument for learning new things and teenager learn every slang by observing peer.

Consider a low-skilled craftsman who is under tremendous financial stress and wish to come up one grade up so that he can take care of his family better. Upon finding an opportunity this person can commit to it and at the very same hour he picks up new skill quickly by observing and imitating another’s actions.

It is a social form of learning where you pick up from one another via observation, imitation and modelling. it includes attention, memory and motivation. Entire development of traditions and cultures is based on this where individual’s knowledge retrieval is directly related to observing other people within the frame of reference of social interactions, body gestures and different experiences

Learning Wisdom by Experience

Based on Confucius philosophy this is bitterest way to learn wisdom. There is no substitute of experience. Strength and conviction that every experience will contribute to will make you more satisfying and unique as a human being.

No man ever steps in the same river twice, for it’s not the same river and he’s not the same man. 

Each one of us goes thorough different transformations with mixed variables which remain unique and challenging. Man is product of these learning experiences.

Knowledge comes but wisdom remains, and that comes from tempering heat of experience and maturity. Experience could be the most favorable way to learn; but experience itself is not sufficient. Experience comes with its own price, exhaustion and pre-hypotheses.

Not all experiences serve to new insights and learning, and assuming that most of your experiences are tough you happen to believe it as a problem; and your endeavor to push forward the same experience-based understanding to new opportunities will go wrong and leave behind a bitter aftertaste.

Conclusion

Thus, there is a choice as how we want to learn. Life is a mixed bag of sorrow and happiness and learning is a continuous process. It is always a combination of imitation, reflection and experience and never just one thing. No matter how we learn, a civilised man must learn to enrich his thoughts and for his overall development.

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