Daily Prelims Notes 6 September 2024

Daily Prelims Notes

6 September 2024

Table Of Contents

1. Law Commission: its role, members, & recommendations
2. Household Spending on Food Falls Below 50% for the First Time Since 1947: Report
3. WHO releases global guidance to tackle antibiotic pollution from manufacturing processes
4. Kerala wins top performer award in key categories of business-centric reforms
5. Understanding Vertical Fiscal Imbalance and its Implications on Indian Federalism
6. ‘Brazen’ claims by drug maker trigger curiosity about an old eye condition
7. The significance of the first global ‘legally binding’ pact on use of AI
8. Can Kerala Access Funds from the Loss and Damage Fund?
9. Comparison of Israel and Iran’s defense systems and missiles

1. Law Commission: its role, members, & recommendations

Sub : Polity

Sec: National Bodies

Context: The 23rd Law Commission was notified on September 2.

The Law Commission

• The Law Commission is a non-statutory commission formed by the Union Ministry of Law and Justice through a gazette notification to help the government review functioning of laws, suggest repealing of obsolete legislation, and make recommendations on matters referred to it by the government.
• The commission is usually chaired by a retired judge of the Supreme Court or a High Court, and has legal scholars as members. Serving judges can also be appointed to the commission, according to the notification on the appointment of the new panel.
• The 22 Law Commissions appointed since Independence have submitted a total 289 reports to the government.
• The government is under no obligation to accept the reports; however, the commissions’ recommendations have over the decades led to the enactment of important legislation including the Code of Criminal Procedure, 1973 (CrPC), and the Right of Children to Free and Compulsory Education Act, 2009 (RTE Act).
• The process of scrapping more than 1,500 obsolete central laws was taken up by the government after recommendations for their “immediate repeal” in reports submitted by the 20th Law Commission.

Constitution of the 23rd panel

• The September 2 notification issued by the Law Ministry’s Legal Affairs Department says the panel will have a full-time chairperson, four full-time members including a member-secretary, not more than five part-time members, and the secretaries of the Legal Affairs and Legislative departments as ex officio members. The commission’s term will be until August 31, 2027.
• The chairperson and four full-time members can be serving SC or HC judges or “other category of persons”, who can in theory be any expert chosen by the government. The notifications of the 2020 (22nd) and 2015 (21st) commissions also said this, but the two commissions were headed by Justice Awasthi and former Supreme Court judge Justice B S Chauhan respectively.
• A serving judge, if appointed to the commission, serves until retirement or expiry of the panel’s term, whichever is earlier, and gets no additional remuneration apart from the usual judge’s salary. In the “other” category, a chairperson is entitled to Rs.2.50 lakh as monthly salary and a member, Rs.2.25 lakh. The member-secretary must be an officer of the Indian Legal Service of the rank of Secretary.

Terms of reference of panel

The terms of reference of the 23rd Law Commission are broadly the same as those of the past few commissions. The first three terms are: “Identify laws which are no longer needed or relevant and can be immediately repealed; Creating a Standard Operating Procedure (SoP) for periodic review of existing laws inter alia for the undertaking of simplification of language and processes; Identify laws which are not in harmony with the economic needs of the times and require amendments.”

Like the 22nd and 21st commissions, the 23rd Law Commission too, has been asked to examine “the existing laws in the light of Directive Principles of State Policy and to suggest ways of improvement and reform and also to suggest such legislations as might be necessary to implement the Directive Principles and to attain the objectives set out in the of the Constitution”.

2. Household Spending on Food Falls Below 50% for the First Time Since 1947: Report

Sub : Eco

Sec: National Income

Context: As per a  working paper by the Economic Advisory Council to the Prime Minister (EAC-PM) has revealed the average household spending on food across the country in both rural and urban areas has reduced to less than half for the first time since 1947

Details:

• The paper analyses household consumption expenditure surveys conducted in 2022-23 and 2011-12 and has revealed that significant changes have taken place in India’s food consumption pattern
• According to the paper, the consumption expenditure growth for rural households (164%) was higher than that for urban households (146%).
• Within food items, the share of expenditure on cereal declined significantly across rural and urban areas. This decline was more pronounced for the bottom 20% of both urban and rural households, the paper said.

Significance:

This reflects the effectiveness of the government’s food security policies, which provide free food grains to large numbers of beneficiaries across all states of the country, with a particular focus on the vulnerable bottom 20% of households.

3. WHO releases global guidance to tackle antibiotic pollution from manufacturing processes

Sub :Sci

Sec: Health

Context:

• WHO released its first global guidance on managing antibiotic pollution from manufacturing on September 3, 2024, titled Guidance on wastewater and solid waste management for manufacturing of antibiotics.

Details:

• The document provides a scientific framework for regulators, industry players, and other stakeholders to control antibiotic pollution.
• Developed with international experts, the guidance seeks collective action to reduce the environmental impact of antibiotic manufacturing.

Key Elements of the Guidance:

• The guidance outlines three core elements:

1. Setting targets for resistance selection and ecological effects based on risk assessments.
2. Implementing risk management processes using hazard analysis and critical control points, along with audits and public communication.
3. Conducting independent audits to ensure targets are met.

• Two guiding principles are included:

1. A precautionary approach for target setting, and
2. Progressive improvement towards achieving these targets.

Comparison with AMR Industry Alliance Standards:

• The document shares similarities with the AMR Industry Alliance standard but exceeds its requirements in certain areas.
• It introduces a two-level approach (‘good’ and ‘stringent’) and specifies limitations on mass balance calculations.
• WHO hosted a webinar to discuss the guidance and its impact with global experts.

Focus on Transparency and Impact of Antibiotic Pollution:

• The guidance highlights public transparency, aiming to empower buyers, investors, and the public to make informed decisions about manufacturers’ pollution control efforts.
• It underscores the importance of ensuring affordable access to antibiotics, especially for vulnerable populations.
• While it lacks a detailed financial analysis, stakeholders are encouraged to conduct economic evaluations to assess feasibility.

Antibiotic Pollution and AMR Crisis:

• AMR, where pathogens become resistant to treatment, is worsened by antibiotic discharge from manufacturing processes.
• Antibiotic pollution from manufacturing sites remains largely unregulated, despite the detection of residual antibiotics in nearby waterbodies.
• Controlling pollution from antibiotic production is vital to preserving the effectiveness of these medicines.

The recent ban of Fixed-Dose Combinations (FDC) drugs in India:

• The government has banned 156 fixed-dose combinations (FDC) drugs, including popular medicines such as Cheston Cold and Foracet, used for cold, fever and pain respectively.
• The ban is the most sweeping crackdown on FDCs — which are combinations of two or more known drugs in single-dosage form — since 2018 when 328 such drugs were banned. A total of 499 FDCs have been banned since 2014.

4. Kerala wins top performer award in key categories of business-centric reforms

Sub: Polity

Sec: Msc

Context: Union Minister of Commerce Piyush Goyal presented the Business Reforms Action Plan ’22 (BRAP 22) award of the Department for Promotion of Industry and Internal Trade (DPIIT) to P Rajeev, Minister for Industries, Law and Coir, Government of Kerala, at the conference, Udhyog Sangam 2024

Details:

According to the achievers’ numbers, Kerala was the topper former, followed by Andhra Pradesh, Gujarat, Rajasthan, Tripura, and Uttar Pradesh. Meanwhile, Arunachal Pradesh, Telangana, Punjab, and Puducherry were ranked the worst performers, the ranking showed. During the ‘Udyog Samagam,’ Commerce Minister Piyush Goyal said that states have shared their best practices and emphasised that healthy competition and collaboration are key to the nation’s progress

Business Reforms Action Plan

DPIIT, in consultation with the State Governments, started a comprehensive reform exercise in States and UTs in December 2014. Under the Business Reforms Action Plan (BRAP), all States/UTs in the country are assessed on the basis of reforms undertaken by them on designated parameters. BRAP covers reform areas such as Information Wizard, Single Window Systems, Online Building Permission System, Inspection Reforms, Labour Reforms, etc. This exercise has helped in improving business environment across States/UTs

5. Understanding Vertical Fiscal Imbalance and its Implications on Indian Federalism

Sub: Polity

Sec: federalism

Why this is in News

The 16th Finance Commission is expected to play a pivotal role in addressing the Vertical Fiscal Imbalance (VFI) in India’s federal structure. With increasing financial pressures on state governments, discussions on fiscal relations between the Union and states are gaining prominence.

What is Vertical Fiscal Imbalance?

Vertical Fiscal Imbalance refers to a situation where the distribution of revenue collection powers and expenditure responsibilities is skewed between different levels of government.

In India, the Union government collects a majority of the revenues, while the states bear a significant portion of the expenditure responsibilities. This leads to fiscal strain at the state level, dependent on central transfers for efficient functioning.

Calculation Method:

VFI is measured using a ratio of Own Revenue Receipts (ORR) and tax devolution against the states’ Own Revenue Expenditure (ORE). If this ratio is below 1, it signifies that the states’ resources are insufficient to cover their expenditures, indicating the extent of VFI.

Implications of Vertical Fiscal Imbalance (VFI)

State Dependence: Increases reliance on Union transfers for revenue.

Reduced Fiscal Autonomy: Limits states’ ability to allocate resources independently.

Spending Inefficiency: Reduces effective allocation of resources.

Crisis Exacerbation: Worsens fiscal gaps during economic crises.

Addressing the Imbalance:  To eliminate VFI, tax devolution to the states would need to be increased significantly. Analysis shows that between 2015-16 and 2022-23, the devolution share should have been 48.94%, whereas the 14th and 15th Finance Commissions recommended only 42% and 41%, respectively.

16^th Finance Commission: It was constituted on December 31, 2023, with Dr. Arvind Panagariya as its Chairman.

Objective: It recommends the distribution of taxes between the Union and states, and provides guidance on grants-in-aid to the states.

Key Functions:

Tax Devolution: The Finance Commissions play a crucial role in addressing VFI by recommending the distribution of tax revenues from the Union to the states. These transfers are based on the “Net Proceeds” of taxes, i.e., the Gross Tax Revenue minus surcharges, cesses, and collection costs.

Grants and Assistance: It recommend grants to states under Article 275 of the Constitution, though these are limited to specific needs and short durations.

Other Transfers: The Union also transfers funds to states through centrally sponsored schemes under Article 282, though these come with specific conditions.

FINANCE COMMISSION

Addressing the issue of Vertical Fiscal Imbalance is crucial for the smooth functioning of India’s fiscal federalism. By increasing the share of tax devolution, the 16th Finance Commission can enhance state autonomy, improve spending efficiency, and foster cooperative federalism, ensuring balanced economic governance across the country.

6. ‘Brazen’ claims by drug maker trigger curiosity about an old eye condition

Sub : Sci

Sec: Health

Context:

• A pharmaceutical company has claimed that it its eye drops offers treatment for Presbyopia and can reduce dependency on reading glasses.
• There has been a controversy regarding approval and claims regarding the eye drops.

What is the concern?

• Doctors have expressed concern over pilocarpine, an ingredient in the eye drops that works by constricting the pupil, which they say can have multiple side effects.
• Side effects include headaches, blurred vision and hampered night vision.

About Presbyopia:

• Presbyopia refers to the gradual loss of the eyes’ ability to focus on nearby objects.
• It’s a natural part of aging and usually becomes noticeable in your early to mid-40s and continues to worsen until around age 65.
• It is a common and universal

Why does presbyopia occur?

• During younger years, the lens in the eyes is soft and flexible. The lens has the ability to change shape, which allows you to focus on things that are both far away and close by.
• With age, flexibility the lens decreases and it becomes rigid and is no longer able to change shape to focus on close-up objects, making them seem out of focus.

Working of eye lens:

• The lens is a transparent, flexible, and curved structure that focuses light onto the retina at the back of the eye.
• The lens can change shape with the help of a circular muscle that surrounds it.
• When you look at something at a distance, the lens relaxes and becomes thin.
• When you look at something nearby, the lens contracts and thickens, decreasing the focal length.
• This process is known as accommodation of the lens.

Treatment for Presbyopia:

• There is no way to stop this ageing process, but it can be corrected through glasses, contact lenses or surgery.
• Bifocal, trifocal and progressive lenses are usually used to correct Presbyopia.

7. The significance of the first global ‘legally binding’ pact on use of AI

Sub : IR

Sec: Int conventions

Context:

• US, UK and European Union are about to sign the Council of Europe’s convention on artificial intelligence (AI), the first legally binding international treaty on the use of artificial intelligence.

About the treaty:

• The treaty is officially known as the Council of Europe Framework Convention on Artificial Intelligence and Human Rights, Democracy and the Rule of Law.
• It is the first-ever international legally binding treaty aimed at ensuring the respect of human rights, the rule of law and democracy legal standards in the use of artificial intelligence (AI) systems.
• It covers the use of AI systems in the public sector, including companies acting on its behalf and in the private sector.
• The treaty seeks to ensure responsible use of AI throughout the entire life of an AI system, from creation to use.
• There are a few exemptions in the scope of applicability of the Framework Convention, such as national security and research and development.
• The treaty is open to non-European countries.

Obligation on signatories:

• Signatories will be accountable for any harmful and discriminatory outcomes of AI systems.
• They have to ensure that outputs of such systems respect equality and privacy rights.
• The signatories are also required to ensure that victims of AI-related rights violations have legal recourse.

Issues and concerns with the pact:

• Even though the treaty is being called legally binding, there are concerns that it does not contain provisions for punitive sanctions such as penalties or fines.
• Compliance is primarily ensured through monitoring, which is not much of a deterrent from an enforcement point of view.

Other initiatives in AI regulation:

• G7 pact on AI signed in 2023.
• The European Artificial Intelligence (AI) Act, 2024
• Bletchley Declaration signed by 28 countries in 2023.

About Council of Europe:

• The Council of Europe is an international organisation with the goal of upholding human rights, democracy and the rule of law in Europe.
• The organisation is distinct from the European Union.
• The council was founded in 1949 and brings together 46 member states.
• No country has ever joined the EU without first belonging to the Council of Europe.
• The Council of Europe is an official United Nations observer.

8. Can Kerala Access Funds from the Loss and Damage Fund?

Sub : Env

Sec: Convention

Why This is in News

Kerala recently faced devastating landslides in Wayanad district, sparking discussions about whether subnational entities like states or local communities can access financial compensation from the United Nations Framework Convention on Climate Change (UNFCCC)’s Loss and Damage Fund (LDF). The complexities of accessing such international climate finance have brought this issue to the forefront of policy discussions.

What is the Loss and Damage Fund?

The Loss and Damage Fund (LDF) was established at COP27 in Egypt (2022) to provide financial support to regions impacted by both economic and non-economic losses due to climate change. These losses stem from extreme weather events and long-term processes like rising sea levels. The Fund is managed by a Governing Board and the World Bank serves as its interim trustee.

Purpose: To assist vulnerable regions suffering from climate impacts.

Key Features:

The LDF is a mechanism established to support poorer nations, particularly small island nations like Tonga and Fiji, that contribute minimally to global emissions but face disproportionate risks from climate change.

Principle: The fund operates on the “Polluter Pays Principle”. This principle holds that nations responsible for the bulk of historical emissions, such as developed countries, are liable to compensate poorer nations impacted by climate change.

Recent Commitment: At COP 28, a commitment of $475 million has been pledged towards the fund.

History of the Loss and Damage Movement

The movement for a Loss and Damage Fund spans three decades and was initiated by the island nation of Vanuatu and the Alliance of Small Island States (AOSIS). The major milestones in the progress of the fund at various COP meetings are summarized below:

About UNFCCC COP 27 (2022)

• Held in Sharm El-Sheikh, Egypt from November 6-18, 2022.
• Focused on “Delivering for People and the Planet,” emphasizing the need for urgent global climate action to limit global temperature rise to 5°C.
• The Global Stocktake process was initiated.
• Launched a Sharm-El-Sheikh Adaptation Agenda, a global roadmap to adaptation and resilience by 2030.
• Established the Just Transition Work Programme.

India’s Role in Climate Negotiations

India has experienced over $56 billion in damages from weather-related disasters between 2019 and 2023. Despite these losses, India’s climate policies have largely focused on mitigation rather than adaptation.

Limited Participation in LDF Dialogues: India has not actively engaged in Loss and Damage dialogues at COP meetings, despite regions being highly vulnerable.

Need for Legal Framework: India lacks a clear legal framework for managing climate finance for loss and damage. This includes a focus on locally led adaptation to support vulnerable communities.

State Interventions: State governments feel the need for adaptation and loss and damage policies more acutely. In Kerala, the financial burden of disaster recovery often falls on the state itself.

Rebuild Kerala Development Programme: After the devastating 2018 floods, Kerala launched this program, funded by loans from the World Bank and KfW Development Bank.

To ensure better access to international climate funds, especially the LDF, India must:

Establish a clear policy framework focusing on locally led adaptation.

Advocate for decentralised fund disbursement methods in international climate negotiations.

Improve disaster damage assessments, ensuring all loss and damage qualify for financial support.

9. Comparison of Israel and Iran’s defense systems and missiles

Subject: IR

Section: 

• In the Iran is ranked 14th, followed by Israel in 17th place.