I. REFORMS : 1. Parliament approves Resolution to repeal Article 370; paves way to truly integrate J&K with Indian Union; 2. Dr. Harsh Vardhan hails the NMC Act 2019 as historic, path-breaking and a game-changer. II. TAKING CARE OF FEDERAL GOVERNMENTS : 1. Cabinet Secretary chairs NCMC meeting to review flood situation in Maharashtra, Karnataka, Kerala and Gujarat.

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OPINION : 11/08/2019 : 1882.

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REFORMS : 1.

Ref : Press Information Bureau : Government of India : Ministry of Home Affairs : 06 AUG 2019 7:57PM by PIB Delhi : PMINDIA.

Sub : Parliament approves Resolution to repeal Article 370; paves way to truly integrate J&K with Indian Union.

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Union Minister for Home Affairs, Shri Amit Shah, introduced two bills and two resolutions regarding Jammu & Kashmir (J&K) in Lok Sabha today. These are as follows:

    Constitution (Application to Jammu & Kashmir) Order, 2019 {Ref. Article 370(1) of Constitution of India} – issued by President of India to supersede the 1954 order related to Article 370.

    Resolution for Repeal of Article 370 of the Constitution of India {Ref. Article 370 (3)}
    Jammu & Kashmir (Reorganisation) Bill, 2019 {Ref. Article 3 of Constitution of India}
    Jammu & Kashmir Reservation (2nd Amendment) Bill, 2019 {Home Minister withdrew the Bill from both Houses as the provisions of this act would become applicable to J&K once article 370 gets repealed and the laws of Union of India become applicable there}

Article 370(3) provides President of India has the powers to amend or repeal the article by issuing a notification, based on a recommendation of Constituent Assembly of J&K. President of India signed the Constitution Order 2019 yesterday regarding Article 370(1), under which all the provision under article 4 would be applicable to J&K. J&K constituent assembly would be read as J&K Legislative Assembly. Similar changes to article 370 have been done in the past as well.Now since President’s rule is in force in the state, implementation of article 370 would cease to exist when President of India issues the notification in this regard, after this House passes the resolution.

Replying to the debate, Shri Shah stated,"I want to state that J&K is an inalienable part of India. There are no two versions about that”.Parliament is the highest and fully competent bodyto make laws and bring resolutions regarding a state of India including J&K. There can be no question to this power of the Parliament. Shri Shah said that for 70 years, people of India have harboured this aspiration in their hearts that Kashmir must be an integral part of India. Article 370 was the only roadblock to realize this goal. Home Minister thanked the Prime Minister for this historic step to remove this roadblock for ever.

Leader of Main Opposition Party in Lok Sabha raised the issue of how the Centre can take this step unilaterally when Kashmir is a bilateral issue between India and Pakistan and when the matter is pending in UN.

To this, Shri Shah retaliated and challenged the opposition that they must clarify their stand on the floor of the House whether they support UN meditation in Kashmir.The opposition in a way has questioned the competence of the Parliament by raising this point, he stated.

Shri Shah asked the members, “How can patriots of India who can sacrifice their lives for the country not get perturbed by such a question?”In India, things do not function on whims and fancies but on laws. I am always ready for constructive discussion but never for destructive debate, he added.

Speaking on the applicability of United Nations charter on India and Pakistan to J&K, Shri Shah said thatunder this charter, neither armed forces would violate the territorial integrity of other country. The day in 1965 Pakistan violated this provision, the charter was violated. The question of a referendum ended with the Pakistani aggression. Hence, the Government of India has full rights to take any decision regarding its territorial integrity. This was even agreed to by the UN, Home Minister added.

Shri Shah reminded the opposition and asked who took Kashmir matter to UN and who brought a unilateral cease fire in 1948? “Had our forces given a free hand to deal with the situation, PoK would have been a part of India today”, he stated.

Introducing the resolutions and bills on the floor of the House, Shri Shah said that the House has been witness to many historical moments. Today once again this House is witness to a golden day when we are going to bring J&K truely into India's fold.Now, local representatives would have a voice in the hill councils. The governments would be democratically elected and would run the local government and administration in J&K.

Several members have raised the apprehension about the period for which the Union Territory status will continue for J&K. Shri Shah saidthat regarding Ladakh, it wasa long standing demand. Further he said, “I want to assure the people of J&K that the status of State would be restored once the situation normalises. Secondly, PoK and Aksai Chin are an inalienable part of JK and the seats are still part of the legislature.J&K would have a Legislative Assembly with elected representatives and it is a misnomer that the administration would be run by the Centre, he assured the House.

Home Minister explained the difference between articles 370 and 371. Article 370 was originally a temporary provision. He informed that because of article 370, the laws of Union of India did not apply to J&K, corruption and terrorism flourished there. Article 371 relates to special provisions to special clauses favouring development to backward regions in some states. Why would the Government repeal article 371 and why is the opposition equating articles 370 and 371, he asked. Home Minister assured the people of these states that this Government has no intention of repealing article 371.Further, Shri Shah also classified that Naga Accord and article 370 have no relation and no mistake committed in the past would not be repeated by this Government.

Regarding troop deployment and no internet facilities in J&K currently, Shri Shah assured that there is no reason other than preventing some nefarious elements from instigating violence in the State and no one can stop the government to take precautionary measures to protect the peace inside the country. He made it clear that the government would never talk with separatist elements and those who back cross border terrorism. The government would only talk with anyone once they are committed for peace and development in J&K.

Taking on the opposition about the division of erstwhile state of Andhra Pradesh, the Home Minister said that the proposal was rejected by the State Assembly by two-thirds majority. Even then the earlier Government went ahead with the division without consulting all political parties.

Removing article 370 has no communal agenda as a number of communities and religious groups are resident of J&K that are affected equally. Article 370 has perpetuated discrimination against the minorities including Sikhs, Buddhists admin others. Further, Shri Shah said, in the past 70 years over 41500 people have been killed. Should we continue on the same path and let people die. Who is responsible for this state of affairs? Are not the youth of J&K and Ladakh require development. For how long would we deprive them only for vote bank politics. Repealing article 370 is not a historic blunder, rather it is historic step to correct this historic blunder. Such bold steps are not taken for vote bank but for the betterment of people of J&K and for three Nation, Home Minister stated.

Shri Shah further said that those who favour article 370 are in opposition to the Prevention of Child Marriage Act which could not be applied to J&K due to article 370. Similarly other laws like Right to Education, Land Accusation Act, Multiple Disability Act, Senior Citizens act, Delimitation act, Whistle Blower Protection act, laws enacted for empowerment of tribals, National Commission for Minorities, National Council for Teacher Education, among others, could not be applied to J&K.
How is this in favour of the people of JK to not apply these laws in the state, Home Minister asked the House. The reason, he said, is simply that after President's rule was applied in J&K, all corruption cases were opened and those who were at the receiving end are opposing the repealing of article 370. Democracy was strangulated by the use of article 370 for 70 years. Today, after this government came to power, over 40000 panch and sarpanches are taking the democratic process forward and development has started.

Taking on the cross border terrorism, Shri Shah stated that Pakistan has misused the presence of article 370 to sow the seeds of separatism and terrorism in J&K. I appeal to all those who favour article 370, to ponder what benefits did the provision bring to the state. It only prevented development and facilitated terrorism there. Only by repealing this provision, we can bring the people to the mainstream and embrace them with open arms.J&K is the heaven on earth and I assure everyone that it would continue to remain so when all the laws of Union of India become applicable to the state, he said.

The Home Minister appealed to the House to once again ponder on all these points and join hands with the Government to bring the people of J&K in the mainstream of development.
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REFORMS : 2.
Ref : 2. Press Information Bureau : Government of India : Ministry of Health and Family Welfare : 08 AUG 2019 4:51PM by PIB Delhi : PMINDIA

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Sub : Dr. Harsh Vardhan hails the NMC Act 2019 as historic, path-breaking and a game-changer.

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“The National Medical Commission Act 2019 passed by both Houses of Parliament is historic and path-breaking. It is a huge and visionary reform in the medical education sector by the NDA Government under the leadership of our visionary Prime Minister Shri Narendra Modiji, and will prove to be a milestone in the years to come”. This was stated here today by Dr. Harsh Vardhan, Union Minister of Health & Family Welfare while addressing media persons on the NMC Act 2019. The Union Health Minister further said that “I am extremely grateful to the Hon’ble Prime Minister under whose strong leadership the National Medical Commission Act has finally seen the light of the day”.
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Dr. Harsh Vardhan stated that the NMC Act is a progressive legislation which will reduce the burden on students, ensure probity in medical education, bring down costs of medical education, simplify procedures, help to enhance the number of medical seats in India, ensure quality education, and provide wider access to people for quality healthcare. “It is a game changing reform of transformational nature. I am sure that under the NMC, medical education in the country will attain its zenith in the years to come”.

Elaborating further, Dr. Harsh Vardhan stated that “Work on this Bill had commenced almost five years ago when an expert group headed by Professor Ranjit Roy Choudhury was set up to study the problems being faced in the medical education sector. This expert group found that the Medical Council of India (MCI) had failed in almost all spheres and had become a highly corrupt and ineffective body. It recommended that independent regulators selected through a transparent process should replace the elected regulators. The National Medical Commission (NMC) seeks to achieve this, by having eminent medical personalities who will be appointed for only one term of four years. They will not be eligible for any further extension. To ensure probity and integrity of the highest order, they will have to declare their assets at the time of being appointed and again while demitting office. The members will also have to declare their professional and commercial engagement or involvement which will be published on the website of the Commission. It has been further provided that Chairperson / member on ceasing to hold office will not accept for a period of two years any employment in any capacity in a private medical institution whose matter has been dealt with them either directly or indirectly”.

1. Overarching body :

NMC will be an overarching body, which will frame policies and co-ordinate the activities of four Autonomous Boards. These Boards will look after the work of UG and PG education, Medical Assessment and Rating; and Ethics & Medical Registration. “The purpose of having these four independent Boards is to ensure separation of functions between them”, the Union Health Minister explained.

2. Student friendly :

The National Medical Commission Act is a student friendly initiative, the Health Minister stated. He added that one of the mandates of NMC is to look at the cost of medical education. It also provides for a common entrance examination for MBBS (NEET) along with common counseling for all medical institutions in the country. This provision will prevent seat blocking in parallel counseling processes and will eliminate the need for students to approach multiple colleges and take part in multiple counseling processes for admission. This will save students and their families from unnecessary physical and financial trauma.

Elaborating on its salient features, Dr Harsh Vardhan stated that “Even in the current system, every student has to appear for a final year examination. Under the NMC Act, this final year examination has been converted into a nationwide exit test called NEXT. This single examination will grant i) a license to practice medicine, ii) an MBBS degree, and iii) entrance to postgraduate courses. Students will be able to concentrate on internship instead of spending all their time preparing for entry into PG courses and thus the burden on students will be greatly reduced. The same examination will also serve as licentiate exam for foreign graduates”.

There is a provision for common counseling for entrance to PG courses also. Students will be able to get admission to seats in all medical colleges and to Institutes of National Importance like AIIMS, PGI Chandigarh and JIPMER through a single counseling process. The Act does not impose any restriction on the number of attempts at NEXT examination.

3. Fees Regulation :

“A singularly outstanding feature of the NMC Act is that it provides for regulation of fees and all other charges in 50% seats in private colleges as well as Deemed to be Universities. This is a welcome step in the direction of regulation of the cost of medical education”, stated Dr Harsh Vardhan. He added that there was no provision to regulate fees in the Indian Medical Council Act 1956. As a result, States had to resort to signing of MOUs with medical colleges at the time of granting Essentiality Certificate and thereby gain a handle to regulate fees of state quota seats. In view of the lack of a regulatory mechanism, the Hon’ble Supreme Court had to pass orders for setting up of fees committees in each state to be chaired by retired High Court judges. This committee decided only the fees and not the other charges levied by private colleges. Deemed to be Universities refused to submit before this committee and remained virtually unregulated, the Health Minister noted.

Nearly 50% of the total MBBS seats in the country are in government colleges, which have nominal fees. Of the remaining seats, 50% would be regulated by NMC. This means that almost 75% of total seats in the country would be available at reasonable fees. It must be stressed again at this point that not only fees, but fees and all other charges are being regulated.

Dr. Harsh Vardhan said that “The need to regulate fees varies from state to state depending on the number of private colleges already available. In the spirit of a vibrant and healthy federal polity, instead of the Centre abrogating the power to regulate fees for 100% of the seats available in the private sector, under this progressive Act, States have the power to take a view regarding the extent to which fee regulation needs to take place. They would now have the freedom to sign MOUs with medical colleges on the basis of mutual understanding as before. In addition, since the NMC Act has a provision for fees regulation, they will have the authority to come up with state amendments regarding regulation of fees for the remaining 50% seats”.

4. Community Health Providers :

Elaborating on the provisions on Community Health Providers and debunking apprehensions being raised by critics of the NMC Act, Dr. Harsh Vardhan stated that: “We are looking at universal health coverage and more importantly, universal screening of our population for non-communicable diseases in the years to come. This requires a large number of health professionals. Doctors are a scarce resource in our country and need to be optimally utilized. They are indispensable for secondary and tertiary care; the only area where other health professionals can supplement them is preventive and primary healthcare”.

The Union Health Minister explained that as part of a pragmatic and forward looking measure in the NMC Act, in remote areas where doctors are not available, there will now be a health professional who can counsel the population, provide early warnings, treat elementary ailments, and provide early referral to a higher facility. The utility of such mid-level health providers has been confirmed by the WHO after studying their impact on healthcare in developed and developing countries. Even developed countries like USA, Canada and UK have mid-level providers like nurse practitioners, he added.

“Our rural population deserves the best healthcare facilities. We have a system of community health centres and primary health centres in rural areas based on population norms. This system is continuing and efforts are being made to fill up vacancies at such centres. Flexibility has been provided under NHM to pay higher salaries to doctors and some states are even following a policy of “you quote, we pay” to attract doctors. Facilities at rural health centres are being improved continuously under NHM”.

Dr. Harsh Vardhan stated that “In the above background, a provision has been made in the NMC Act to register some Community Health Providers (CHPs) who shall be modern medicine professionals; they shall not be dealing with any alternative system of medicine. Also, they will have limited powers for providing primary and preventive healthcare at the mid-level”.  He further stated that the eminent doctors in NMC shall decide their qualifications through regulations which shall be finalized after extensive public consultation and debate.

Dispelling rumors, fears and apprehensions about this provision giving a fillip to quackery in the country, he stated that: “A false impression is being created that the provision for CHPs has been made to legalize quacks. Nothing can be farther from the truth. On the contrary, the punishment for quackery has been enhanced to up to one year imprisonment and up to Rs 5 lakhs fine. The so-called quacks in the country do not possess any qualifications and would not be able to meet the conditions that will be set by NMC for becoming a CHP”, Dr Harsh Vardhan explained.

5. NMC members :

Elaborating further on some of the concerns voiced regarding the NMC Act, Dr. Harsh Vardhan stated that “There are some apprehensions about NMC being dominated by central government nominees. This is not true. There will be 10 Vice Chancellors of State Health Universities and 9 elected members of State Medical Councils in the NMC. Thus 19 out of 33 members, which is more than half of the total strength, would be from the States and only a minority of members will be appointed by the central government thereby ensuring that the NMC is representative, inclusive and respecting the federal structure of Indian polity”.
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Cabinet Secretary, PK Sinha chairs meeting to review flood situation in Maharashtra, Karnataka, Kerala & Gujarat

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TAKING CARE OF FEDERAL GOVERNMENTS :

Ref : 3. Press Information Bureau : Government of India : Ministry of Home Affairs : 08 AUG 2019 6:16PM by PIB Delhi : PMINDIA

 Sub : Cabinet Secretary chairs NCMC meeting to review flood situation in Maharashtra, Karnataka, Kerala and Gujarat

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A meeting of the National Crisis Management Committee (NCMC), chaired by the Cabinet Secretary, Shri PK Sinha, was held today to review the prevailing flood situation in the states of Maharashtra, Karnataka, Kerala and Gujarat.

Cabinet Secretary took stock of the current situation, preparedness, rescue and relief operations and directed that immediate assistance, as sought by the states, be provided to meet the crisis.

As of now 55 teams of the NDRF are deployed in these states and 19 more are expected to reach tonight / tomorrow morning. 16 columns of the Army, 30 rescue teams of the Navy and Coast Guard, alongwith helicopters, aircrafts and boats, have been pressed into service. Additional boats are also being deployed in Maharashtra and Karnataka.

IMD has stated that there has been very heavy rainfall in these States over the past few days and predicted that more rains are expected in Gujarat, Maharashtra and coastal Karnataka over the next two days.

It was also directed to release necessary advance from the State Disaster Response Fund to the affected states. Concerned agencies were also advised to undertake immediate work relating to crop insurance claims.

Senior officials of the Ministries of Home, Defence, Water Resources as well as those from NDRF, NDMA and Central Water Commission attended the meeting. Chief Secretaries and other senior officers from the State Governments participated in the meeting through Video Conference.
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JAY HIND
JAY BHARATHAM
VANDE MATHARAM
BHARAT MATA KI JAY


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