Hi All,
this thread intends to discuss 4-5 questions picked from various test series. Anyone can pick a question and post it.
Only rule:
let the set of 3-5 questions be thoroughly discussed and then we move to the next set. 1. Expansion of the judiciary’s power is a threat to judicial independence. Do you agree with this view? Comment.
2. “For the aspiring English East India Company that looked at every opportunity for expansion and self aggrandizement, the Eighteenth Century had to be projected as one of instability and decay, giving them the necessary moral justification for conquest and subjugation”. Comment.
3. According to the recent WTO agreement, Least Developed Countries need not comply with IPR protection for Pharma patents till 2021. How these countries can benefit from this and also its implication on Indian pharma sector.
4. The nonbinding nature of the commitment “The Future We Want” at Rio+20 Summit has impacted the redressal of global environmental issues. Comment.
let the show begin
>- \:D/
@dp81 @deusAdeeb @Siddharth @Vivekanand @Dev123 chalo bahi logo yahaan pe bhi tasreef rakho aur iss thread ko paawan karo
Comments
Expansion of any Judicial power of indian judiciary system, president, parliament, executive can be as follows
1. Territorial
2. Legislative
3. Executive
expansion of power leads to overreach of one and underreach of another.
However independence can be curtailed only by accountability and not by expansion.
-They are big market for the drugs
-Under IPR protection patented by priced high under its validity
-LDC cannot afford the high cost of patented drugs
-MDG targets cannot be reached
- Groups of 77 convinced to waive patent regime till 2021 so that they achieve MDG and ensure healthy state
@Thor
- Rio+20 : 2 outcomes . One, it asked for fundamental changes in how society consumes and produces i.e. shift taxes so that workers pay less and polluters pay more. Two, commitments to phase out fossil subsidies.
- However, the biggest impediment for the implementation of these and all other resolutions under Agenda21 is its "non-binding" nature. Although, the convention aims for sustainable development in 21st century, many countries including the US have gone against it on the pretext that it is "erosive of America's sovereignty".
- Failure of MDGs (declared in 2002 Rio+10 summit) being non-binding
- The recent impasse in kyoto protocol's 2nd commitment period has already proved that the global environment issues cannot be resolved by unilateral measures or by a union of handful of countries leaving out biggest polluters.
- The world community should look at none other than Vienna Convention (a binding treaty) which received universal ratification in 2009 and is on its way to achieve the objective.
Comments-
(1) Many allegations of Judicial overreach. More power- Increased legitimacy- widened scope of functions- increased independence.
(2) If increased power means- legislative, executive then, accountability of judiciary reduces- currently due to other organs of governance.
(3) Such independence- devastating. Reduced democracy's significance.
(4) Like USA, judiciary can get supremacy.
(5) But it hinges on the extent of power expansion of judiciary.
(6) The only way - reduced independence- watchdog agency- judiciary under its ambit. But then watchdog agency- supreme.
Benefits for LDCs-
(1) Cheap medicines- longevity improvement.- MDG achievement probability
(2) Development- domestic pharma industries.
(3) Sustained- even increased- investments in health & pharma sectors.
Implications for Indian Pharma
(1) Market in LDCs.
(2) Through pharma route, bilateral relations can be improved- overall geo-strategic significance.
(3) Encouragement - domestic pharma- export medicines.
(4) May feel pressure of competition if any LDC's pharma industry develops its stronghold on the market. But very low probability.
Comments-
(1) "The future we want"- non binding nature- definite negative impact- environmental sustainability.
(2) Global environmental issues- GH effect, Ozone depletion, Stopping of thermohaline circulation- impossible to mitigate effect & stop without firm global determination- requires legal bondage on all nations.
(3) Since every single person - stakeholder- environment- benefits & threats- equally distributed. Every person should be legally binded to protect environment.
(4) Developed nations- USA , Europe - against any obligations detrimental to their industrialisation- sets precedent for developing & under developed nations.
(5) At this point, the directly affected countries are mostly island nations like maldives. Unfortunately, neither they are developed nor they have stronghold on international politics.
(6) Non binding nature- once again demonstrates hegemony of USA & European nations who are not ready to compromise.
-East India Company came for trade in India
-Since inception they intend to expand their trade and commerce
-Analysing the political situation between kingdoms and corruption within kingdoms in Indian states, it tried to encash
-Favoring greed of power to the councils of kings or nawabs they tried to make the system corrupt corrupt
-In 18th century Battle of Plassey 1757 and Battle of Buxar 1764, began the era when Britisher were successful influenced and started controlling the indian terrority political.
-Also taking into account of instability and lack of trust Subsidiary alliance system and Doctrine of Lapse added fuel for their fire to control and annex the indian territory.
(:|
Judicial power expansion -
1. It can be seen as activism and filling the void left by dysfunctional legislature and ineffective executive and bureaucracy
2. 3 arms of democracy need to work together - one can fill in the shoes and fill the void left by other
3. Leads to an American style of 'Judicial Supremacy' which undermines India's "parliamentary Sovereignty'
4. Recent SC judgments owing to pressures fro public and civil society have made legislature threatened which in turn has led to its position of defense
RPA Ordinance was one instance where Legislature was seen challenging the Judiciary as well as RTI on CIC decision of pol. parties
Const. amendment 120, JAC would undermine the independence of Judicial system itself
Our judiciary needs to do a balancing act of trying to maintain the ideals imbibed in the constitution, same time need to work in co-op with the other organs
Also judiciary should be made accountable as well, that does not mean a new watch dog but a mechanism that keeps any abuse of power under control
Adv for LDCs
1. Can get cheaper medicines for a longer time which can help them achieve MDG goals
2. Can lead to co-operation among them to establish drug research and manufacturing facilities
3. Newer market for generic drug makers, increased profitability leading to better research facilities by virtue of more investments
Issues
1. markets can be fragmented and the generic manufacturers might not find these viable and profitable, pooling of resources and co-ordination reqd
India's Adv
1. India is the world's biggest generic drug maker, gives newer avenues for our drug co's to invest and also market
2. India providing health services to the countries in Africa can increase our Soft power over the continent with which we share traditional bondage
Issues:
1. may have to fight off other generic players
2. Post Ranbaxy case with FDA, Indian generic manufacturers image tarnished a bit
U wrote judiciary should be made accountable.....but i think question demands...does expansion of judiciary leads to threat of independence of judiciary.
I did one mistake.....since it asked judiciary power and not judicial power it will be restricted to judiciary system only (i.e. Courts)...ye mere se galti ho gayi...jaldi baaji me ... :-??