- National Medical Commission Bill - Analysis
Aim of the bill
• The Bill aims to overhaul the corrupt and inefficient Medical Council of India through greater distribution of powers, which regulates medical education and practice.
Issue with the bill
• Efficiency is sought to be accomplished through an independent Medical Advisory Council to oversee the National Medical Commission, the proposed successor of the MCI. But all members of the NMC are members of the Council, undermining the latter’s independence. This must be addressed.
• The most controversial provision of all is for a bridge course allowing alternative-medicine practitioners to prescribe modern drugs. One motivation could be to plug the shortfall of rural doctors by creating a new cadre of practitioners.
• The shortfall of MBBS doctors is partly due to the fact that many of them seek a post-graduate degree to improve career prospects. MCI regulations prevent even experienced MBBS doctors from carrying out procedures like caesarians and ultrasound tests, while nurses are barred from administering anaesthesia. Empowering doctors and nurses to do more is a reform many have called for, and that would have been easier to implement than a bridge course for AYUSH practitioners. Yet, the NMC Bill hasn’t taken it up.
• Another way to bolster healthcare delivery is a three-year diploma for rural medical-care providers, along the lines of the Licentiate Medical Practitioners who practised in India before 1946. Chhattisgarh tried this experiment in 2001 to tackle the paucity of doctors it faced as it was formed.
• Graduates from such a three-year programme would only be allowed to provide basic care in under-served pockets. Massive protests by the Indian Medical Association and poor execution derailed the Chhattisgarh experiment, but the idea wasn’t without merit.
• India has no choice but to innovate with health-care delivery models to tackle the challenges it faces. The trick is to base these innovations on evidence. There is plenty of evidence that MBBS doctors and nurses can do more than they are legally allowed to do.
- Financial Resolution and Deposit Insurance (FRDI) Bill
- Electoral Bonds
- National Medical Commission bill
- Plight of potato farmers
• The bill comes together with the insolvency and bankruptcy code to spell out the procedure for the winding up or revival of an ailing company.
• In the light of inclusive growth schemes, government is encouraging common people to the arena of banking sector, it becomes critical to save the people and their protection of money in case of aneconomic crisis like the 2008.
• Replacing of the existing Credit Guarantee Insurance and Credit Guarantee Corporation with a Resolution Corporation.
• Main tasks of the proposed organization are monitoring financial firms, anticipating their risk of failure, taking corrective action and resolving them in case of failure.
• It is also tasked with providing deposit insurance to a certain limit of amount which is not specified yet. Now it is 1 lakh under the existing scheme.
• Corporation is also empowered with classifying financial firms based on its risk of failure such as low, moderate, material, imminent or critical.
• Bail in clause: this allows the bank to inject the capital needed for an ailing company using the depositors’ funds. This can be done either by cancelling the bank’s liabilities or converting them into equities.
• In Bail out clause, government will be the one who bailing out the ailing company. Here the risk factor will not fall on the people directly.
Introduced as an alternative to the political donations in cash to bring transparency in the system.
• it will be available for purchasing for 10 days each in the months of January, April, July and October with an additional 30 days to be specified by the central government in the year of a general election.
• Can be purchased by an Indian citizen or a body incorporated in India from specified branches of SBI. Purchaser must pay from KYC- complaint bank account.
• Can be available in the denominations of 1000,10000,1 lakh, 10 lakh and 1 crore.
• Bonds will not carry the name of the payee and will be valid for 15 days.
• Can be used for donation to a registered political party only.
• Can be encashed only through that party’s bank account.
The Bill aims to overhaul the corrupt and inefficient Medical Council of India, which regulates medical education and practice.
• To stop the corruption in the field, the bill proposes an independent Medical Advisory council to oversee the matters of the NMC, which is the proposed successor of the MCI.
• By giving 1 year bridge course for the alternative medicine practitioners to prescribe modern drug. Though which fix the problem of shortage of rural doctors.
• The members of the NMC will be part of advisory council that may undermine the proposed council’s independence.
• Giving a bridge course of 1 year as an alternative to MBBS course can be disastrous.
• MCI regulations prevents the experienced MBBS doctors from caesarians and ultrasound tests and prevents the nurses from administering anaesthesia. Instead of giving alternative medical practitioners the right to prescribe modern medicine, giving the existing doctors more rights may decrease the shortfall of rural doctors.
• A glut in production and cold storages’ drive to empty their warehouses for new stock in the coming season has sank the prices to such an abysmal level that it is not good enough even to support the transportation cost to the mandis.
• Sown area has decreased by 1% for potato.
• Absence of Minimum Support Price is a reason behind the withdrawal of the cultivators.
Kulbhushan Jadhav’s Case – India -Pakistan
Pakistan has not allowed consular access to Mr. Jadhav — that is, Indian diplomats in Islamabad have not been able to visit him in prison and record his version of how he came to be in Pakistan’s custody, etc. It may not come as a surprise if it turns out that Mr. Jadhav was indeed a spy, but even that needn’t detain us here. Nations spy on each other.
INDIA’s interests in moving to ICJ
• India’s decision to move the ICJ may appear somewhat incongruous in the light of its position against Internationalising its disputes with Pakistan . However, this is not the first time that it has approached the world court against Pakistan.
• In 1971, it wanted the ICJ to decide the limited question whether the Council of the International Civil Aviation Organisation had the jurisdiction to question India’s suspension of overflight rights to Pakistani aircraft. India has every claim to approach the ICJ to protect the life and rights of its nationals. One round of focussed legal proceedings does not amount to giving up its stated position on resolving other issues on a bilateral basis.
• Pakistan is likely to argue that consular access to Indian prisoners on its territory is governed by a bilateral agreement signed in May 2008. It is likely to quote a clause on reciprocal consular facilities that says, “in case of arrest, detention or sentence made on political or security grounds, each side may examine the case on its merit”. Pakistan’s adherence to international law will be under test. The ICJ has rejected Pakistan’s objections regarding the urgency of the matter.ICJ also rejected objections to its jurisdiction to take up the case and the claim that a 2008 bilateral agreement between the two countries precluded the matter from being raised before the ICJ.
• The ruling in favor of India shows that Pakistan had failed to uphold the provisions of Vienna convention on consular access which India sought as its legitimate right.
• The order would obliged Pakistan to follow due process of law and provisions of other international treaties while dealing with the case of Kulbhushan Jadhav in future.
• While this is an interim order, for India it marks a significant diplomatic victory.India was able to demonstrate Pakistan’s disregard for international conventions and its propensity to undermine the rule of law.
• India has been skeptical of taking the bilateral issues to the multilateral forums like ICJ. However the positive award from the ICJ could make India to take help of ICJ in other matters too.
• India will have to leverage the moral and diplomatic advantage it has obtained through this ruling to help Mr. Jadhav prove his innocence before a civilian court and win his freedom. Pakistan must act responsibly and abide by the fundamental norms of international law.
• India had strategically invoked Article 41 of the ICJ Statute and Article 74(4) of the court rules and this helped it get the desired reprieve. Article 41 provides,”ICJ shall have the power to indicate, if it considers that circumstances so require, any provisional measures which ought to be taken to preserve the respective rights of either party. Pending the final decision, notice of the measures suggested shall forthwith be given to the parties and to the Security Council.”