Politics News

Sub: Politics
Topic: Executive
Weightage:
Category: Prelims & Mains

Created: 22 Jul, 2020
Updated: 11 Aug, 2020

Parliamentary Committees

Parliamentary Committee means a Committee which is:

  1. Appointed or elected by the House or nominated by the Speaker
  2. Works under the direction of the Speaker
  3. Presents its report to the House or to the Speaker
  4. Has a secretariat for provided by the Lok Sabha Secretariat

Parliamentary Committees are of two kinds: Standing Committees and Ad hoc Committees

Standing Committees

Standing Committees are permanent and regular committees which are constituted from time to time in pursuance of the provisions of an Act of Parliament or Rules of Procedure and Conduct of Business in Lok Sabha. The work of these Committees is of continuous nature.

  • Composition
    • Each DRSC consists of 31 members: 21 from Lok Sabha and 10 from Rajya Sabha
    • Seats on each Committee are allocated to different parties and groups in the House, as far as practicable in proportion of their respective strength in the House.
    • Suitable numbers of seats on these Committees are also allocated to independents.
  • Chairperson: Chairperson of following 8 committees is chosen by Lok Sabha speaker from among its members. Rest 16 committees' chairperson is selected by Rajya Sabha Chairman
    1. Committee on Commerce
    2. Committee on Home Affairs
    3. Committee on Human Resource Development
    4. Committee on Industry
    5. Committee on Science & Technology and Environment & Forests
    6. Committee on Transport, Tourism & Culture
    7. Committee on Health and Family Welfare
    8. Committee on Personnel, Public Grievances, Law and Justice
  •  Functions:
    • To consider the Demands for Grants of the concerned Ministries/Departments, and make a report on the same to the Houses. The report shall not suggest anything of the nature of cut motions
    • They do not consider the matters of day-to-day administration of the concerned Ministries/ Departments.
    • To examine such bills pertaining to the concerned Ministries/Departments
    • To consider Annual Report of Ministries/ Departments and make report thereon
    • To consider national basic long term policy documents presented to the House, if referred to the Committee by Chairman or Speaker.
    • Demands for Grants: After the general discussion on the Budget in the House is over, the Houses are adjourned for a fixed period. The Committees consider the Demands for Grants of the concerned Ministries during the aforesaid period and submit their report within the period without seeking any extension of time for the same.
  • Types
    • Financial standing committees (FSC)
      • Public Accounts Committee (PAC)
      • Estimates Committee
      • Committee on Public Undertakings
    • Department related standing committees (DRSC)
    • Other standing committees (OSC)
      • Committee on Subordinate Legislation
        • Scrutinize and report to the House whether the powers to make regulations, rules, sub-rules, bye-laws etc. conferred by the Constitution or delegated by Parliament are being properly exercised by the executive.
        • The Committee also examine provisions of Bills which seek to delegate powers to make 'Orders'
        • It has a total of 15 members nominated by Lok Sabha speaker / Rajya Sabha chairman, with maximum tenure of 1 year. If a member, after nomination to the Committee is appointed a Minister, such member shall cease to be a member of the Committee from the date of such appointment

Department related standing committees (DRSC)

Initially in 1989, there were only 3 subject committees: Agriculture, Environment & Forests, and Science & Technology. Based on their success, seventeen Departmental Committees were set in 1993, which was further increased to 24 in 2004 DSRCs have a total strength of 31 members- 10 Members from Rajya Sabha and 21 Members from Lok Sabha, with maximum term of 1 year

(Committees in focus)

  • Committee on Labour
    • Jurisdiction over: Ministry of Labour and Employment, Ministry of Textiles, and Ministry of Skill Development and Entrepreneurship
    • Reports: The Code on Social Security, 2019
  • Committee on Human Resource Development 
    • Jurisdiction over: Ministry of Human Resource Development, Ministry of Women & Children Development, and Ministry of Youth Affairs and Sports

 

Ad hoc Committees

Ad hoc Committees are appointed for a specific purpose and they cease to exist when they finish the task assigned to them and submit a report. The principal Ad hoc Committees are the Select and Joint Committees on Bills. Railway Convention Committee, Joint Committee on Food Management in Parliament House Complex etc also come under the category of ad hoc Committees.

  1. A Minister is not eligible for election or nomination to the financial Committees, Department Related Standing Committees (DRSCs), and Committees on - Empowerment of Women, Government Assurances, Petitions, Subordinate Legislation, and Welfare of Scheduled Castes and Scheduled Tribes.
  2. The proportion of number of Members of the two Houses on these Committees is approximately in the ratio of 2 Members of Lok Sabha to 1 of Rajya Sabha. 

 

[In News]

  • July, 20
    • Six months have passed since CAA Act was passed, but Parliamentary Standing Committee on Subordinate Legislation has still not been notified by MHA for formation of rules of CAA.
  • Aug, 20
    • Committee on Labour in its report 'The Code on Social Security, 2019' recommended that the eligibility period for gratuity payable to an employee on termination of his employment should be reduced to one year from the present provision of five years
    • Committee on Human Resource Development : The current academic year will not be a "zero year" for colleges and higher education institutions, Education Ministry officials told committee

Sub: Politics
Topic: Executive
Weightage:
Category: Prelims & Mains

Created: 27 Jul, 2020
Updated: 28 Jul, 2020

Intellectual Property Rights

Acts

The Patents Act, 1970

The Patents Act 1970, and Patents Rules 1972 replaced the Indian Patents and Designs Act 1911. Patents Rules 1972  was formed under Section 159 of the Patents Act, 1970 empowering Central Government to make rules and regulate patents. The Act was largely based on the recommendations of the Ayyangar Committee Report. Since 1970 the Act has been amended 4 times to make it TRIPS compliant, with last amendment done in 2005. Salient features include:

  • Patents are not allowed in relation to - atomic energy, agriculture methods, algorithms, artistic work, traditional knowledge, manufacturing process
  • Allows patent in deposit of microorganisms in compliance to Budapest Treaty, 1977
  • A patent is granted for a term of twenty years from the date of filing
  • The definition of "invention" was made in conformity with the provisions of TRIPS Agreement by introducing the concept of inventive step, thereby enlarging the scope of invention.
  • Section 39 prohibits Indian residents to apply for patent outside the country without getting permission
  •  Section 92 of the Act enables grant of compulsory licensing in circumstances of national emergency or extreme urgency

Trade Related Intellectual Property Rights system (TRIPS)

  • TRIPS Agreement was formulated in 1995, to bring basic level of harmonisation in Intellectual Property Right laws all over the world.
  • All WTO members are obliged to comply with the TRIPS Agreement. India is a signatory to the TRIPS Agreement 
  • TRIPS Agreement sets minimum levels of several types of intellectual property (IP) protection, including copyright, trademarks, patents, industrial design, and trade secrets protection. 
  • It requires WTO Members to provide protection for a minimum term of 20 years from the filing date of a patent application
  • For permitting sale of a pharmaceutical product, pharmaceutical companies should submit data demonstrating the safety, quality and efficacy of the product
  • Articles
    • Article 22 of TRIPS stipulates all government to provide legal opportunities to the owner of GIs registered in the countries
      • However there is no provision for multilateral registration of GIs

[In News]

  • Section 92 of Patents Act - COVID drug licensing and affordability