Syllabus

• Prelims & Mains – Constitution

Context: During the ongoing hearing in the Supreme Court to decide whether the government can acquire and redistribute private property, a nine-judge Constitution Bench led by Chief Justice of India D Y Chandrachud asked a question of  “radical constitutional consequence”: Does Article 31C still exist?

Background:-

• Bench stated that the question of whether Article 31C still lives following the Minerva Mills decision has to be decided to avoid “constitutional uncertainty”.

Key Takeaways

• Article 31C protects laws enacted to ensure the “material resources of the community” are distributed to serve the common good (Article 39(b)) and that wealth and the means of production are not “concentrated” to the “common detriment” (Article 39(c)).
• Article 39 of the Constitution lists certain directive principles of state policy, which are meant to be guiding principles for the enactment of laws, but are not directly enforceable in any court of law.
• As per Article 31C, these particular directive principles (Articles 39(b) and 39(c)) cannot be challenged by invoking the right to equality (Article 14) or the rights under Article 19 (freedom of speech, right to assemble peacefully, etc).
• Article 31C was introduced by The Constitution (Twenty-fifth) Amendment Act, 1971.
• The 25th amendment was challenged in the seminal Kesavananda Bharati case (1973) in which 13 judges held by a narrow 7-6 majority that the Constitution has a “basic structure” that cannot be altered, even by a constitutional amendment.
• As a part of this verdict, the court struck down the last portion of Article 31C, i.e., the part that states “…and no law containing a declaration that it is for giving effect to such policy shall be called in question in any court on the ground that it does not give effect to such policy”.
• In 1976, Parliament enacted The Constitution (Forty-second) Amendment Act, which expanded the protection under Article 31C to “all or any of the principles laid down in Part IV of the Constitution”, under clause 4. As a result, every single directive principle (Articles 36-51) was protected from challenges under Articles 14 and 19 of the Constitution.
• The Statement of Objects of Reasons for the amendment stated that it was meant to give precedence to the directive principles “over those fundamental rights which have been allowed to be relied upon to frustrate socio-economic reforms for implementing the directive principles”.
• In 1980, in its judgment in Minerva Mills v. Union of India, the SC struck down clauses 4 and 5 of the amendment. The five-judge Bench held that Parliament’s power to amend the Constitution was limited, and it could not be used to remove these limitations and grant itself “unlimited” and “absolute” powers of amendment.
• However, this ruling birthed a conundrum that the apex court must now address. By striking down part of the 25th amendment, did the court strike down Article 31C as a whole, or did it restore the post-Kesavananda Bharati position wherein Articles 39(b) and (c) remained protected?

Source:Indian Express

Syllabus

• Prelims & Mains – Agriculture

Context: The fiscal ended March 2024 saw urea consumption hit a record 35.8 million tonnes (mt), 16.9% higher than the 30.6 mt in 2013-14, the year before the Narendra Modi government came to power.

Background:

• In January the government has brought di-ammonium phosphate (DAP), muriate of potash (MOP) and all other such fertilisers that receive nutrient-based subsidy (NBS) support under “reasonable pricing” controls.

Key Takeaways

• The consumption of urea, containing 46% nitrogen (N), actually fell during 2016-17 and 2017-18, which was attributed to the mandatory coating of all urea with neem oil from May 2015.
• Neem coating was intended to check illegal diversion of the highly-subsidised urea for non-agricultural uses, including by plywood, dye, cattle feed and synthetic milk makers. Neem oil supposedly also acted as a mild nitrification inhibitor, allowing more gradual release of nitrogen. Improved nitrogen use efficiency, in turn, brought down the number of urea bags required per acre.
• Despite compulsory neem-coating, and the government reducing the bag size from 50 to 45 kg in March 2018, the consumption of urea has only gone up during the last six years.
• Balanced fertilisation — discouraging farmers from applying too much urea, di-ammonium phosphate (DAP) or muriate of potash (MOP), which only have primary nutrients in high concentrations — is likely to be a key policy goal for the government taking over after the Lok Sabha elections.
• Balanced fertilisation means supplying these primary (N, phosphorus-P and potassium-K), secondary (sulphur-S, calcium, magnesium) and micro (iron, zinc, copper, manganese, boron, molybdenum) nutrients in the right proportion, based on soil type and the crop’s own requirement at different growth stages.
• The nutrient-based subsidy (NBS) system, instituted in April 2010 by the previous United Progressive Alliance (UPA) government, was expected to promote balanced fertilisation. Here subsidy was linked to  nutrient content.
• Under it, the government fixed a per-kg subsidy for N, P, K and S. The subsidy on any fertiliser was, thereby, linked to its nutrient content. The underlying idea was to induce product innovation and wean away farmers from urea, DAP (18% N and 46% P content) and MOP (60% K), in favour of complex fertilisers containing N, P, K, S and other nutrients in balanced proportions with lower concentrations.
• NBS achieved its objective initially. But NBS failed simply because it excluded urea. With its maximum retail price (MRP) being controlled, and cumulatively raised by just 16.5 per cent – from Rs 4,830 to Rs 5,628 per tonne – post the introduction of NBS, consumption of urea increased both through the UPA’s 10 years and the 10 years (so far) of the NDA government.
• The last couple of years have seen even non-urea fertilisers being brought under price control. An immediate challenge that arises is to ensure a proper “price hierarchy” among non-urea fertilisers.
• That would mean pricing DAP the highest, MOP the lowest and complexes in between. DAP use should be restricted mainly to rice and wheat. Other crops can meet their P requirement through complexes and SSP.
• India is heavily import-dependent in fertilisers, be it of finished products or intermediates and raw materials. High global prices add to the country’s foreign exchange outgo and also the government’s subsidy burden.
• There is a dip in fertiliser prices due to geopolitical reasons.
• Opportunity for India: The cooling of international prices, nevertheless, gives some flexibility for the next government to rationalise MRPs of fertilisers and promote balanced plant nutrition. This could involve bringing urea under NBS and mitigating the impact of a significant hike in its MRP by increasing the subsidy rates on other nutrients.

Additional Information

• There are two concerns over rising urea consumption. The first is imports, which accounted for 7.6 mt out of the total 35.7 mt sold last fiscal.
• The second concern is NUE. Barely 35% of the N applied through urea in India is actually utilised by crops to produce harvested yields. The balance 65% N is unavailable to the plants, much of it “lost” through release into the atmosphere as ammonia gas or leaching below the ground after conversion into nitrate.

Source: Indian Express

Syllabus

• Prelims – Economy

Context: The Centre recently warned about “drip pricing”, saying it can surprise consumers with “hidden charges”.

Background:

• The Department of Consumer Affairs asked consumers to reach out to NCH 1915 for assistance or via WhatsApp at 8800001915 if they need help with ‘drip pricing’.

About DRIP PRICING

• Drip pricing is a pricing technique used by firms where they initially advertise only part of a product’s price (referred to as the “headline price”).
• As the customer proceeds through the buying process, additional charges are gradually revealed.
• This technique can lead to “hidden charges” that surprise consumer.

Key Points:

• Initial Advertisement: Firms may advertise a base price that does not include mandatory fees such as booking, service, or credit card fees.
• Incremental Disclosure: Additional costs, which may be unavoidable, are disclosed one by one or “dripped” to the buyer at the point of purchase.
• Common Usage: This strategy is prevalent in the hospitality and travel industries, as well as for other online payments.
• Consumer Impact: It can make comparison shopping difficult and may cause frustration for consumers who expect to know the full cost upfront.
• Example: An airline ticket advertised without including baggage fees is a form of drip pricing

Source: Hindustan Times

Syllabus

• Prelims – Current Event

Context: Starting from May 15, 2024, the Central Drugs Standard Control Organisation (CDSCO) will be the sole authority responsible for granting no-objection certificates (NOCs) to pharmaceutical companies that manufacture drugs.

Background:

• These NOCs will specifically apply to drugs that are unapproved, new, or banned, but intended solely for export purposes. This move centralizes the approval process and removes the power previously held by state governments in this regard.

About CENTRAL DRUGS STANDARD CONTROL ORGANISATION (CDSCO) :

• The Central Drugs Standard Control Organisation (CDSCO) plays a crucial role in regulating pharmaceuticals and ensuring their safety and quality in India.
• The CDSCO is the Central Drug Authority responsible for discharging functions assigned to the Central Government under the Drugs and Cosmetics Act of 1940.
• It operates under the Ministry of Health & Family Welfare and serves as the National Regulatory Authority (NRA) for India.

CDSCO’s primary responsibilities include:

• Approval of Drugs: It approves new drugs for use in India.
• Clinical Trials: It oversees and regulates clinical trials conducted within the country.
• Setting Standards for Drugs: CDSCO lays down quality standards for pharmaceuticals.
• Quality Control of Imported Drugs: It ensures the quality of imported drugs.
• Coordination with State Drug Control Organizations: CDSCO collaborates with state regulators.
• Specialized Licenses: Along with state regulators, CDSCO grants licenses for critical drugs such as vaccines and sera.
• Medical Devices Oversight: The Indian government plans to subject all medical devices (including implants and contraception) to CDSCO scrutiny.

Drugs Controller General of India (DCGI):

• The DCGI is the head of the CDSCO department.
• DCGI approves licenses for specific categories of drugs, including blood products, IV fluids, vaccines, and sera in India.
• Additionally, DCGI sets standards for drug manufacturing, sales, import, and distribution within the country.

Source: Livemint

Syllabus

• Prelims – Science

Context: The Delhi High Court has taken a strong stance against the spurious use of oxytocin on cattle in dairy colonies within the capital.

Background:

• The court has directed the Delhi government’s Department of Drugs Control to conduct weekly inspections and register cases against the administration of oxytocin.

About OXYTOCIN :

• Oxytocin, often referred to as the “love hormone,” is a crucial hormone secreted by the pituitary glands in mammals during various physiological processes.
• Oxytocin is a hormone produced in the brain’s hypothalamus and secreted by the pituitary gland.
• It plays dual roles as both a hormone and a neurotransmitter.

Functions:

• Childbirth: Oxytocin helps contract the uterus during labour, facilitating childbirth.
• Breastfeeding: It promotes the release of breast milk.
• Social Bonding: Oxytocin is associated with social interactions, trust, and emotional bonding.

Controversies and Bans:

• Misuse in Dairy Industry: Oxytocin misuse occurs in the dairy sector, where livestock (milch cattle) is injected with the hormone to increase milk production.
• Human Health Concerns: The same hormone, when consumed through milk, can affect human health.
• Government Ban: In April 2018, the Indian government banned the use of oxytocin on milch cattle due to these concerns. The administration of oxytocin is considered as an “animal cruelty” and a cognizable offense under Section 12 of the Prevention of Cruelty to Animals Act, 1960.

Alternative Solution:

• The World Health Organization (WHO) recommends carbetocin as a safe and effective alternative to oxytocin.
• Unlike oxytocin, carbetocin does not require refrigeration and remains effective even at higher temperatures.
• It retains efficacy for at least three years when stored at 30°C and 75% relative humidity.

Source: Times of India

Syllabus

• Mains – GS 2

Context: The Supreme Court has emphasized the necessity of adopting a “more rigorous approach” when considering bail applications from police officers charged in cases of custodial deaths.

Background:

• Observing that a police officer may wield more influence than an ordinary person the Supreme Court has set aside the bail granted to a police constable in a case of custodial death.

Custodial Death:

• Custodial death refers to a death that occurs while a person is in the custody of law enforcement officials or a correctional facility.
• It can occur due to various causes such as the use of excessive force, neglect, or abuse by the authorities.
• According to the Law Commission of India, the crime by a public servant against the arrested or the detained person who is in custody amounts to custodial violence.

Constitutional Framework Related to Custodial Death:

• Article 21 of the Constitution of India guarantees the right to life and personal liberty, which includes the right to be free from torture and other cruel, inhuman, or degrading treatment or punishment.
• Article 20 grants protection against arbitrary and excessive punishment to an accused person, whether a citizen or foreigner or a legal person like a company or a corporation. It contains three provisions in that direction – No ex-post-facto law (Article 20 (1)), No double jeopardy (Article 20 (2)), and No self-incrimination (Article 20 (3)).
• In Selvi v. State of Karnataka, the court observed that the state could not perform narco-analysis, polygraph, and brain-mapping tests on any individual without their consent.

Legal Protections Associated with Custodial Death:

• Section 24 Indian Evidence Act, of 1872 declares that all the confessions made by the accused by succumbing to the threat of investigating agencies would not be admissible in a court of law. This Section primarily works to prevent the accused from giving confessions using force against his will.
• Sections 330 and 331 of the Indian Penal Code (IPC) criminalise voluntarily causing hurt or grievous hurt to extort confession or information from any person.
• Section 41 of the Criminal Procedure Code (CrPC) was amended in 2009 to include safeguards so that: Arrests and detentions for interrogation have reasonable grounds and documented procedures; Arrests are made transparent to family, friends, and the public, and there is protection through legal representation.

International Conventions Against Custodial Torture:

• International Human Rights Law of 1948 contains a provision that protects people from torture and other enforced disappearances.
• United Nations Charter of 1945 calls for treating prisoners with dignity. The Charter clearly states that despite being prisoners, their fundamental freedoms and human rights are set out in the Universal Declaration of Human Rights, the International Covenant on Civil and Political Rights, and the International Covenant on Economic, Social, and Cultural Rights. The International Human Rights Law contains a provision that protects people from torture and other enforced disappearances.
• The Nelson Mandela Rules of 2015 were adopted by the United Nations General Assembly in 2015 to treat prisoners with inherent dignity and to prohibit torture and other ill-treatment.
• United Nations Convention Against Torture (UNCAT) is an international human rights treaty under the purview of the United Nations that aims to prevent torture and other acts of cruel, inhuman, or degrading treatment or punishment around the world.

Way Forward to Combat Custodial Torture:

• Strengthening Legal Systems by enacting comprehensive legislation explicitly criminalising custodial torture like Supreme Court directives in Prakash Singh Case 2006. SC directed the separation of investigation and law and order functions to better improve policing, setting up of State Security Commissions (SSC) that would have members from civil society, and forming a National Security Commission.
• By ensuring prompt and impartial investigations into allegations of custodial torture.
• By enhancing police training programs to emphasise respect for human rights and dignity.
• By promoting a culture of accountability, professionalism, and empathy within law enforcement agencies.
• By establishing oversight mechanisms to monitor and address cases of custodial torture effectively.
• Empowering Civil Society and Human Rights Organisations to actively advocate for victims of custodial torture. The National Human Rights Commission (NHRC) should be allowed to inquire into any matter even after one year from the date of the alleged human rights violation. Its jurisdiction should be expanded to cases of human rights violations by armed forces with appropriate measures.
• By providing support and legal assistance to victims and their families.
• By collaborating with international human rights bodies and organisations to seek redress and justice.

Source: ET Legal World

Q1.) Consider the following statements about the Oxytocin:

1. Oxytocin is a hormone produced in the brain’s hypothalamus and secreted by the pituitary gland.
2. Oxytocin helps contract the uterus during labour, facilitating childbirth.
3. In the dairy sector livestock is injected with the hormone to increase milk production.
4. The World Health Organization (WHO) recommends carbetocin as a safe and effective alternative to oxytocin.

How many of the statements given above are correct?

1. Only one
2. Only two
3. Only three
4. All four

Q2.) With reference to the Central Drugs Standard Control Organisation (CDSCO), consider the following statements:

1. It is the Central Drug Authority responsible for discharging functions assigned to the Central Government under the Drugs and Cosmetics Act of 1940.
2. It operates under the Ministry of Health & Family Welfare.
3. The Union Minister of Health and Family Welfare is the head of the CDSCO department.

How many of the statements given above are correct?

1. Only one
2. Only two
3. All three
4. None

Q3.) Consider the following statements about Drip Pricing:

1. It is a pricing technique used by firms where they initially advertise only part of a product’s price.
2. It makes comparison shopping easy.
3. An airline ticket advertised without including baggage fees is a form of drip pricing

How many of the statements given above are correct?

1. Only one
2. Only two
3. All three
4. None

Comment the answers to the above questions in the comment section below!!

ANSWERS FOR ’  7th May 2024 – Daily Practice MCQs’ will be updated along with tomorrow’s Daily Current Affairs.st

Q.1) – c

Q.2) – c

Q.3) – c