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 GIST OF GEOGRAPHY AND YOU,
RSTV AND EPW-JAN 2020

GEOGRAPHY AND YOU

ALTERNATIVE SYSTEMS OF MEDICINE

Alternative medical systems ​are entire systems of health theory and practice (including ​traditional
Chinese medicine​, Ayurvedic medicine, ​naturopathy​, and homeopathy) that ​developed separately from
conventional medicine.

Traditional Medicine (TM) along with Complementary Medicine (CM) and Alternative Medicine
(AM) ​are terminologies that are often used interchangeably for a broad range of healthcare practices,
theory, service delivery and systems in both Eastern and Western parts of the world

These systems, all put together are referred to as ​Traditional and Complementary Medicine (T&CM).

India has a rich culture of T&CM, hereafter used interchangeably in this article, the alternative systems of
medicine (ASM), which ​include both Indian/indigenous systems i.e., Ayurveda and Siddha as well as
those not originated in India, i.e. Homeopathy.

Significance of Alternative Medicine

These systems are based on ​definite medical philosophies and represent a way of healthy living with
established concepts on prevention of diseases and promotion of health.

Importance and demand of Yoga, Ayurveda, Homeopathy, Siddha and Unani medical systems have
grown especially ​due to growing challenges of Non-Communicable Diseases (NCDs), lifestyle
disorders, long term diseases, multidrug-resistant diseases, which are not easily solved by the allopathic
medical system.

After Independence, the Government ​started supporting all the medical systems for their growth,
thereby offering the public a choice for their routine health care needs, because of this as now there are
public patronage and institutional support to widen the strength of these systems in curative,
preventive, promotional aspects of health care.
India and Alternative Systems of Medicine

● The first full-fledged department for ​Indian Systems of Medicine and Homeopathy ​(ISM&H)
was created under the Ministry of Health and Family Welfare, Government of India, in 1995 to
promote and regulate the practice of alternative systems of medicine in the country.
● This department was, in November 2003, ​renamed as Department of Ayurveda, Yoga and
Naturopathy, Unani, Siddha and Homeopathy (AYUSH).
● A fully independent Ministry of AYUSH was formed in November 2014.
● In 2002, the Government of India also ​formulated the National Policy on Indian Systems of
Medicine and Homeopathy.
● Sustained efforts over the years have resulted in an increased availability of providers in
alternative systems of medicine.
● The current National Health Policy of India has ​proposed functional linkage of AYUSH at all
levels of health systems, including service delivery as well as work force.
● The policy proposal focuses on inclusion of Yoga at work- place, in schools and in the
community as an important form of promoting health and wellness
● In the year 2015-16, people in India spent around INR 63,000 crore on AYUSH health services
(public and private sector put together), which amounts ​to nearly 12 per cent of total health
expenditure of INR 528,484 crore in the country as reported in National Health Accounts.
 TRADITIONAL/INDIGENOUS/ALTERNATIVE
SYSTEMS OF MEDICINE IN INDIA
Ayurveda

● The ​Ayurvedic System of Medicine evolved nearly 5000 years ago (3000 BC). The word
Ayurveda means ‘Science of Life’ and employs treatment modalities, such as purification,
palliation, prescription of various diets, exercises and the avoidance of disease causing factors.
● Ayurvedic medicine, though ​practiced for a wide range of health needs, is more commonly
used for preventive and health and immunity boosting activities.
● Ayurveda is widely used in India and is more popular in Kerala, Himachal Pradesh, Gujarat,
Karnataka, Madhya Pradesh, Rajasthan, Uttar Pradesh and Orissa.

Unani Medicine

● Unani Medicine originated in the Arab world​, though over a period of time it imbibed some
concepts from ​other contemporary systems of medicines in Egypt, Syria, Iraq, Persia, India,
China and other Middle East countries.
● Unani medicine ​treats a patient with diet, pharmacotherapy, exercise, massages and surgery.
● Unani Medicine was introduced in India around the 10th century AD and at present it is
popular in the states of Andhra Pradesh, Karnataka, Tamil Nadu, Bihar, Madhya Pradesh,
Maharashtra, Uttar Pradesh, Delhi and Rajasthan.

Homeopathy

● The word ‘Homeopathy’ is derived from the Greek words, ​‘Homois’ meaning ‘similar’ and
‘pathos’ means ‘suffering’​. It ​originated in Germany and was introduced in India around
1810-1839.
● Homeopathy is based on the law of healing- ‘Similia SimilibusCurantur’ which means ‘likes
are cured by likes’. ​It uses highly individualized remedies selected to address specific symptoms
or symptom profiles.
● It is practiced in many countries and in India, where it is the second most popular system of
medicine.
● Homeopathy is practiced all over the country and is popular in Uttar Pradesh, Kerala, West
Bengal, Orissa, Andhra Pradesh, Maharashtra, Punjab, Tamil Nadu, Bihar, Gujarat and
North-Eastern States. In recent years, the popularity of homeopathy has witnessed some decline.

Siddha
 ● This system originated in India and is amongst the oldest systems of medicine in the
country. It takes into account the patient, his/her surroundings, age, sex, race, habitat, diet,
appetite, physical condition etc. to arrive at the diagnosis.
● Siddha System ​uses minerals, metals and alloys and drugs and inorganic compounds to treat
the patients.
● This system is largely therapeutic in nature. ​Siddha literature is in Tamil and it is practiced
largely in Tamil speaking part of India, i.e. Kerala and abroad.

Sowa-Rigpa

● The word combination means' the science of healing’ ​and is considered one of the oldest living
and well-documented medical traditions of the world.
● It ​originated from Tibet and is widely practiced in India, Nepal, Bhutan, Mongolia and
Russia.
● In India, this system is practiced mainly in Sikkim, Arunachal Pradesh, Darjeeling (West Bengal),
Dharamshala, Lahaul and Spiti (Himachal Pradesh), Ladakh region (Jammu and Kashmir) and in
parts of Delhi.

Yoga & Naturopathy

● The concepts and practices of Yoga are reported to have originated in India. ​Yoga is now
being adapted ​to correct lifestyle by cultivating a rational, positive and spiritual attitude
towards all life situations.
● The role of Yoga techniques in the prevention and mitigation of diseases and promotion of health
are being studied. Yoga is widely practiced across India and has spread to many other parts of the
world.
● The United Nations (UN) has ​designated 21st June as ‘International Yoga Day’.
● Naturopathy or the naturopathic medicine ​is a drugless, non- invasive system of medicine
imparting treatments with natural elements based on the theories of vitality, toxemia and
the self-healing capacity of the body, as well as the principles of healthy living.
● The common naturopathy modalities include counseling, diet and fasting therapy, mud therapy,
hydrotherapy, massage therapy, acupressure, acupuncture, magnet therapy and yoga therapy.
 A GLIMPSE OF AYURVEDA – THE FORGOTTEN
HISTORY AND PRINCIPLES OF INDIAN
TRADITIONAL MEDICINE

History of Ayurveda

Ayurveda has an age old history since the 2nd Century BC. Ayurveda has its foundations laid by the
ancient schools of Hindu Philosophical teachings ​named ​Vaisheshika and the school of logic named as
Nyaya.​

Even before these schools were established and also today, the ​origin of Ayurveda is considered to be
divine, from the Hindu God, Brahma who is called as the creator of the universe.

The Hindu system of healing is believed to be based on four eminent compilations of knowledge (​Vedas​)
called as ​Yajur Veda​, ​Rig Veda​, ​Sam Veda​, and ​Atharva Veda​. ​It is believed that ​Ayurveda originated
from the Vedas (particularly Rigveda and Atharvaveda).

The knowledge of Ayurveda was first comprehensively documented in the compendia like ​‘Brahma
Samhita’,Ágniveshatantra’, ‘Susrut Samhita’, ‘Bhela Samhita’ etc.

According to Ayurveda, health is considered as a basic prerequisite for achieving the goals of life -
Dharma (duties), Arth(finance), Kama (materialistic desires) and Moksha (salvation). Ayurveda describes
that Satva(mind), Atma (real self), Shareer (the body) collectively known as Tri-danda, is essential for the
existence of the man.

Basic doctrine principles of Ayurveda

Ayurveda believes that the entire universe is composed of five elements: ​Vayu (Air), Jala (Water),
Aakash (Space or ether), Prithvi (Earth) and Teja (Fire).

These five elements (​referred to as ​Pancha Mahabhoota in Ayurveda​) are believed to form the three
basic humors of the human body in varying combinations.

In practice, Ayurveda has eight disciplines called as ​“​Äshtanga Ayurveda”​ . They are ​Kayachikitsa
(internal medicine treatment), ​Bhootavidya ​(treatment of psychological disorders), ​Kaumar Bhritya
(pediatric treatment), ​Rasayana ​(study of geriatrics), ​Vajikarana (treatment through ​aphrodisiacs and
eugenics), ​Shalya (surgical treatment), ​Shalakya (otorhinolaryngological and ophthalmological
treatment), ​Agada Tantra​ (​toxicological studies).
Why is Ayurvedic Medicine lagging behind?

● Young Ayurvedic scholars, although enthusiastic, are not clear about their views on the future of
Ayurveda. Moreover, ​they are not even very clear that how to expose their valuable research
outputs on Ayurveda
● Only a few organizations have well-established research infrastructure ​for exclusive research
in Ayurveda. Experienced researchers with knowledge of modern technologies are required to
conduct advance and quality research in Ayurveda
● There is a ​lack of cooperation and willingness of Biomedical Scientists who are often unduly
skeptical and carry prejudice
● More than a thousand Ayurvedic postgraduates pass out each year and enter into the streamline of
academics and practice. Among them, ​only a few choose their profession as researcher in
Ayurveda
● Neither has the ​Ayurvedic teaching changed in the last 50 years nor have the textbooks
enriched with new research methodologies.

Current status of Ayurveda and perspectives for its future applications

● In the recent decades, ​Ayurveda has experienced ​a considerable shift in its paradigm and a
significant change in the outlook of researchers​, towards its applications has occurred.
● ‘Ayurgenomics’ a recently introduced research field, ​bridges this gap between genomics and
Ayurveda ​and serves as an aid in understanding of inter-individual differences in responses to
therapies in various diseases.
● It especially ​emphasizes on studying inter-individual variances in patients from identical
ethnic backgrounds.
● An ​integration of the knowledge of modern analytical techniques ​with a broader perspective
for applications of Ayurveda principles ​can help in its wider acceptance globally.
● There is an increasing ​need of proving and fostering the scientific basis of the principles of
Ayurveda, ​to keep this age old valuable system of medicine, as a living tradition in future.

Government Initiatives for Ayurveda

● The Ministry of AYUSH, Government of India, has launched National AYUSH Mission (NAM)
en-visages better access ​to services, strengthening educational in- stitutions, enforcement of
quality control of drugs and continuous availability of raw materials in the States/UTs
● The new initiatives under NAM ​include school health program through AYUSH​. The public
health outreach activity has been taken up to focus on increasing awareness re- garding the
strength of Ayurveda in managing community health problems.
● The ​Central Council for Research in Ayurvedic Sciences (CCRAS) is an autonomous body
under the Ministry of AYUSH, Govt. of India which is ​undertaking for coordinating,
formulating, developing and promoting research on scientific lines in Ayurveda.
 ● The adoption of villages for propagating Swasthavritta that is ​"Ayurvedic way of life" together
with interventions of health care is termed as AYUSH Gram project.
● The TKDL program deals with the documentation of this ex- isting knowledge on Ayurvedic
systems of medicine. It is imperative ​to safeguard the sovereignty of traditional Ayurvedic
knowledge to protect them from being misused in patenting on non-patentable inventions.
● The Ministry of AYUSH has adopted a strategy of signing Country to Country Memorandum
of Understanding (MoU) on bilateral cooperation in Traditional Medicine. It has set AYUSH
Academic chairs in Foreign Universities and Institutes.
● Globally traditional medicine has regained its prestige when Traditional Chinese Medicine
(TCM) earned the Nobel Prize in Medicine for the discovery of antimalarial drugs in 2015 and
the UN decided to celebrate International day of Yoga on June 21 as World Yoga Day.

HOMEOPATHY IN INDIA – AN OVERVIEW

About Homeopathy

● The word ‘Homeopathy’ is derived from two Greek words, ​‘Homois’ meaning similar and
pathos meaning ‘suffering’.
● Homeopathy simply ​means treating diseases with remedies, prescribed in minute doses, which
are capable of producing symptoms similar to the disease when taken by healthy people.
● It is based on the natural law of healing- “Similia Similibus Curantur” ​which means ​“likes are
cured by likes”.
● All over the world 10th April is celebrated as ​‘World Homeopathic Day’​.
● Founder of Homeopathy: Dr. Christian Friedrich Samuel Hahnemann (10 April 1755–2 July
1843), a German Physician articulated its basic principles and ​organized Homeopathy as a new
medical system in 1796.
● The term ‘homeopathy' ' ​was coined by Hahnemann and first appeared in print in 1807.

Homeopathy in India

● Homeopathy came to India in 1810 when Dr. John Martin Honigberger, a French traveler who
learnt homeopathy from Dr Hahnemann, visited India and treated patients.
● He treated Maharaja Ranjit Singh - the then ruler of Punjab - with a homeopathic remedy
Dulcamara while he suffered from paralysis of the vocal cords.
● Impressed with the results, the ​Maharaja encouraged Dr Martin to continue homeopathic
practice in India.
 ● Later, a large number of missionaries, and members of the Indian administration i.e. police and
foreign services; practiced homeopathy with an intent to spread its benefits to many more people.
● Here is where the journey of homeopathy in India steered towards ​legalization in 1948.

Why Choose Homeopathy?

● The principles that Homeopathy works on include such ​nature-based, pragmatic facts​, like
treating a person ​holistically, ​through a ​single, simple medicine, p​ repared in a ​dynamic manner,
and prescribed in a ​dosage that is just enough ​to stir up the self-healing mechanism of your own
body.
● One of the potential aspects of Homeopathy is that it ​addresses these conditions in a patient
successfully, that too with single, or at the most with two medicines.
● Homeopathy ​treats the multi-morbid person as a whole​, which works on bringing back the
biological functions in order, thereby addressing them all, and thus helping the patient ​holistically
and simultaneously improving his/her general well-being.

Homeopathy Globally

● Homeopathy ​was introduced to the United States in 1825 by Hans Birch Gram​, a student of
Hahnemann.
● Throughout the 19th century, dozens of homeopathic institutions appeared in the US with 22
homeopathic colleges and 15,000 practitioners.
● The success of homeopathy ​led to the abandonment of harmful treatments of blood-letting
and purging, ​and people moved towards more effective and safer medication.
● Today, homeopathy has an ​estimated market size of over Rs 26,000 crore and is trusted by
over 50 crore people across more than 80 countries in the world.
● In the last few years, homeopathy has ​grown three times faster than allopathy @ 25-30%
annually.
● In England,​ 42%​ British physicians ​refer patients to homeopaths.
● More than a third of the French people use homeopathy. A survey of French pharmacists found
that an astounding ​94.5% reported advising pregnant women to use homeopathy.
● It has been ​estimated that over 6 million people in the US use homeopathy ​for self-care.
● Homeopathy is ​followed by over 10 crore people in India​. The country has a Rs 3,600 crore
organized homeopathy market.
● There are ​over 2.25 lakh registered homeopathy practitioners with 20,000 new homeopaths
being added every year.

Government Initiatives for Homeopathy

● The Government of India’s Department of AYUSH ​promotes Ayurveda, Yoga and

Naturopathy, Unani, Siddha and Homeopathy since 2003. It paved the way to form the
Ministry of AYUSH in 2014 ​ensuring optimal development and propagation of systems of
health care.
● The ​Union budget 2017 allocated Rs 1,428.65 crore for AYUSH ministry ​amid the
government’s increased focus on promoting alternative medicines.
 ● Homeopathic treatments are now being offered ​by insurance companies under their
comprehensive health insurance policy.
● The Government of India is ​promoting an integrated system of medicine wherein All India
Institute of Medical Sciences (AIIMS)​ facilities across India have a homeopathic division.
● From being an alternative system of medicine, homeopathy today is a complementary system of
medicine and can be used alongside allopathy. ​Some hospitals in India and Dubai already have
a homeopathy department as part of their OPDs.
● Along with showing amazing results in treating several acute and chronic ailments, ​homeopathy
also works on animals and finds application in agriculture too. It works on ​herds of cows
with mastitis, and on individual plants and fields of crops.
● Non-Government Organizations in Homeopathy are playing a ​key role in the education,
research and development of Homeopathy in India.
● Some of these are ​R&D sections of the pharmaceutical industry ​and others are acting
independently.
● They are ​popularizing and providing Homeopathic health car​e not only in the urban areas but
also to the remotest areas in rural sector.

Homeopathy – Myths Busted:

● Homeopathic medicines are not harmful because the crude substances ​used for preparation of
medicines are processed through a process called drug dynamisation, wherein the
toxicological effects are removed and the dynamic properties are enhanced.
● They are ​safe, non-toxic and non-addictive.

RSTV

ARTICLE 131- SPECIAL POWERS OF SUPREME COURT

Context
● The Pinarayi Vijayan-led LDF Government has moved the Supreme Court against the
implementation of the ​Citizenship Amendment Act (CAA)​.
● The government has sought that the act should be declared as a violation of the basic structure as
it is against the principle of equality, freedom, and secularism.
● The Kerala Assembly has also passed a resolution against the Act.
● The government has said in its suit that there is no rationale in grouping together the three
countries for the purpose of the CAA and has approached the Supreme Court under Article 131 of
the Constitution.
Article 131: The original jurisdiction of the Supreme court

What is jurisdiction?

● Jurisdiction of a court is its ​power or authority to hear and determine a matter.

● Jurisdiction could be ​pecuniary (power of court based on the amount of money involved in the
matter), ​territorial (power of court based on the geographical limit where the cause of action
arises or offence is committed), ​subject-wise ​(power of court based on a particular subject
matter), ​original ​(power of court to hear a case from its beginning), ​appellate ​(power of court to
hear a case on appeal).

Why is jurisdiction relevant?

A judgment passed by a court without jurisdiction is a ​corum non judice ​(in presence of a person, not a
judge). It is​ null and void​ and its ​validity can be challenged at any stage.

What is original jurisdiction?

Original jurisdiction of a court refers to its power to hear a case first.

● In criminal matters, offences under the Indian Penal Code are triable by the courts specified in the
First Schedule of the Code of Criminal Procedure (CrPC).
● Courts of chief judicial magistrate, judicial magistrate of the first class, metropolitan magistrate
and judicial magistrate of the second class have a limit on the amount of sentence they can pass,
therefore, the case is committed to higher grade courts.
● A high court ​exercises its original criminal jurisdiction only if the subordinate courts are not
authorised by law to try such matters for lack of jurisdiction.
● High courts, session judges or additional session judges can pass any sentence authorised
by law, provided that the death sentence passed by the court of session is confirmed by
the high court.
● In civil matters, generally, suits are instituted in the court of the lowest grade competent to try it.
Although the courts of higher grade can also entertain any case, the idea is not to overburden
them.
● The constitution of India, ​under Article 131, confers the Supreme Court original jurisdiction
in certain special matters.

What are the matters where the original jurisdiction of the Supreme Court is provisioned?

Any dispute involving a question of law or fact on which existence of ​legal right depends comes under
original jurisdiction of the SC​. The disputes may be:

● between the government of India and one or more states;

 ● between the government of India and any state/states on one side and one or more states on the
other;
● between two or more states.

What is the need for original jurisdiction in such matters?

The Indian constitution ​divides power between the central government and the state governments.
However, there may be differences over the interpretation of the federal structure. In order to settle such
issues, the ​Supreme Court of India acts as an arbitrator.

Is there any bar on the original jurisdiction of the Supreme Court?

Yes, the original jurisdiction of the Supreme Court does not extend to:

● A dispute arising out of ​any treaty, agreement, covenant, engagement or other similar
instrument executed ​before the commencement of the constitution and continues to be in
operation or which provides that the jurisdiction of the Supreme Court shall not extend to such a
dispute;
● The parliament may exclude the jurisdiction of the Supreme Court in disputes relating ​to the use,
distribution, or control of the water of any inter-state river;
● Suits brought ​by private individuals against the government of India.

How is a suit under Article 131 different from the other petitions challenging the CAA?
● The other petitions challenging the CAA have been filed ​under Article 32 of the Constitution,
which gives the court the power to issue writs when fundamental rights are violated.
● A state government cannot move the court under this provision because ​only people and citizens
can claim fundamental rights.
● Under Article 131, ​the challenge is made ​when the rights and power of a state or the Centre
are in question.
● However, the relief that the state (under Article 131) and petitioners under Article 32 have sought
in the challenge to the CAA is the same — declaration of the law as being unconstitutional.

Can States oppose the implementation of a Central Law under Article 131?

● According to the federal framework of the Indian Constitution, ​the States are supposed to
comply with the Central Laws. ​Failure to do so represents the breakdown of the constitutional
machinery.
● The States are obligated to comply with the Central laws ​under Article 256 ​of the Indian
Constitution, which specifies that ​“the executive power of each state must ensure compliance
with the laws passed by the Parliament.”
● The Kerala government has said in its suit that it would be compelled under Article 256
to comply with the CAA, which was ​“manifestly arbitrary, unreasonable, irrational
and violative of fundamental rights”.
 ● If the States do not follow or ​if there is a failure to comply with a central law, then according
to ​Article 365​, the P
​ resident is empowered to hold that a situation ​has arisen in which the

government of the State cannot be carried on in accordance with the provisions of the
Constitution.

Can the Centre too sue a state under Article 131?

● The Centre ​can issue directions ​to a state ​to implement the laws made by Parliament​. If states
do not comply with the directions, the Centre ​can move the court seeking a permanent
injunction against the states to force them to comply with the law.
● Non-compliance of court orders ​can result in contempt of court, and the court ​usually calls up
the chief secretaries of the states responsible for implementing laws.

Is it unusual for states to challenge laws made by Parliament?

● Under the Constitution, laws made by Parliament are presumed to be constitutional until a court
holds otherwise. However, in ​India’s quasi-federal constitutional structure,
inter-governmental disputes are not uncommon.
● The framers of the Constitution expected such differences, and ​added the exclusive original
jurisdiction of the Supreme Court for their resolution. The quasi-federal structure envisaged
in 1950 has ​consolidated into defined powers of the states.

Has Article 131 been invoked before?

● Article 131 was invoked by the state of Madhya Pradesh in 2011 challenging certain aspects
of its reorganization following bifurcation and formation of Chhattisgarh.
● In the ​state of MP vs Union of India case,​ the Supreme Court had refused to accept the plea
under Article 131 and held that validity of central laws can be challenged under Article 32
(infringement of fundamental rights).
● However, this ruling was challenged in 2014 during the hearing of the ​State of Jharkhand vs
State of Bihar case​ over dispute after bifurcation.

Can the Supreme Court test the validity of a central law under Article 131?

A central law can be challenged under Article 131 under the following cases:

● Legislative Competence​: the law can be challenged if it is not in compliance with the
law making powers of the framing authority and has an excessive delegation of essential
functions of the legislature.
● Violation of Rights​: a law can be challenged if it violates Part III of the constitution
which deals with Fundamental Rights.
 ● Violation of the Constitution: The law can also be challenged on the basis that it is a
violation of the constitution. The following doctrines have been formulated by the
Supreme Court over time in this regard:

● The Doctrine of Basic Structure​- signifies the basic structure of the Constitution,
which forms the foundation of the Constitution and thus cannot be amended.
● The Doctrine of Pith & Substance​- the court looks at the matter (i.e. the essential
feature) of the issue when the question raised is regarding the relatability of a
particular law to a specific subject.
● The Doctrine of Colorable Legislation is involved when the legislature does not
possess the power to make laws upon a particular subject but it indirectly makes a
law on it.

Way Forward

● The Supreme Court ​must reject politically influenced suits ​and focus should be given ​to cases
which raise crucial questions of law and constitutional validity.
● The representatives of the State must be responsive and outspoken of their views when the laws
are being made, instead of creating a predicament later on.
● Both the ​Centre and the State must realize that federalism is a two-way street. They must
respect the constitution and each other.
● The states ​must refrain from defying the central laws as it could result in a breakdown of the
constitutional machinery.
 EPW

DOING BUSINESS RANKINGS: REFORMS MUST FOCUS ON

ON-GROUND REALITIES FOR TRADE FACILITATION

About Doing Business

● Doing Business presents ​quantitative indicators on business regulations and the protection of
property rights​ that can be compared across 190 economies.
● Doing Business ​covers 12 areas of business regulation. Ten of these areas, starting a business,
dealing with construction permits, getting electricity, registering property, getting credit,
protecting minority investors, paying taxes, trading across borders, enforcing contracts, and
resolving insolvency are included in the ease of doing business score and ease of doing business
ranking.
● Doing Business also measures ​regulation on employing workers and ​contracting with the
government​, which are not included in the ​ease of doing business score and ranking​.

Highlights of EODB 2020

● New Zealand, Singapore and Hong Kong are ranked as top three ​in ease of doing business
rankings 2020. Economies that score highest on the ease of doing business share several common
features, including the widespread use of electronic systems.
 ● All of the 20 top ranking economies have online business incorporation processes, have
electronic tax filing platforms, and allow online procedures related to property transfer​.
● Doing Business acknowledges the 10 economies that improved the most on the ease of doing
business after implementing regulatory reforms. In Doing Business 2020, the 10 top improvers
are Saudi Arabia, Jordan, Togo, Bahrain, Tajikistan, Pakistan, Kuwait, China, India, and Nigeria.
● Only two African economies rank in the top 50 on the ease of doing business; no Latin
American economies rank in this group.
● Worldwide,​ 115 economies made it easier to do business.

India’s performance in Ease of Doing Business

● For an economy starved of good news, the news of a rise in India’s ranking by ​14 places to 63 in
the World Bank’s Ease of Doing Business 2020​ survey is a positive development.
● From being ranked 142 in 2014 to 63 in 2020, it has been a significant upward journey for the
country in a rank list that is an important input in the plans of global investors.

● The latest improvement has come on the back of the implementation of the Insolvency and
Bankruptcy Code (IBC).
● India’s rank has improved from 108 to 52 in the “resolving insolvency” category with the overall
recovery rate for lenders moving up from 26.5 cents to 71.6 cents to the dollar according to the
World Bank.
 ● The reforms in trade procedures and paperwork as a result of India signing the Trade
Facilitation Agreement at the World Trade Organisation are beginning to show.
● The country’s ranking in the “Trading across borders” ​category jumped 12 places from 80 to 68
signifying the ​abatement of paperwork in favour of electronic filing of documents and
single-window customs procedures.
● Interestingly, there has been improvement in a parameter that most industrialists would consider
as a problem even now: ​“Dealing with construction permits”. The country’s ranking has
improved by 25 places from 52 to 27.

Ease of doing Business Reforms in India

India’s ranking improved basically on four parameters:

● Starting a business- India made starting a business easier by abolishing filing fees for the SPICe

company incorporation form, electronic memorandum of association, and articles of association.

● Dealing with construction permits​- India streamlined the process, reduced the time and cost of
obtaining construction permits, and improved building quality control by strengthening
professional certification requirements.
 ● Trading across borders​- India made trading across borders easier by enabling post clearance
audits, integrating trade stakeholders in a single electronic platform, upgrading port
infrastructures, and enhancing the electronic submission of documents.
● Resolving insolvency​- India made resolving insolvency easier by promoting reorganization
proceedings in practice. India also made resolving insolvency more difficult by not allowing
dissenting creditors to receive as much under reorganization as they would receive in liquidation.

Issues of Methodology with Doing Business

● Many governments appear ​to use improvement in rankings as an evaluation of specific

reforms and as a sign of greater investment in the future.
● While reforms in the areas of enterprise promotion and reducing red tape are necessary, ​measures
almost exclusively to attain a higher rank can come with risks.
● An improved rank does not easily translate into an ​increase in investments in the context of
global production networks.

Why must reforms under this sub ranking be examined and critiqued?

● Single Window Interface (SWIFT)​—where various departments issue certificates online on a

single paperless platform, has several limitations.
● Doing business evaluation of India’s efficacy in trade across borders ​was done mostly based
on Mumbai’s infrastructure. Rather than a comprehensive account of all ports across India, the
report focused on activities at Mumbai’s Jawaharlal Nehru Port Trust (JNPT)​.It has been
difficult for traders ​to obtain them as their offices are often not close to central ports.
● There are points of contention related to parameters measured by Doing Business and
domestic institutions. ​It appears that Doing business ​overhauled their process of collecting
information from stakeholders​, particularly on various subtopics, only for the 2019 DB report.

Conclusion

Given these multiple flaws in methodology, it becomes doubly important for governments to design
reforms that are not for the sole purpose of improving the country’s DB ranking​. A country like
India ​would benefit more out of implementing hard infrastructures such as last-mile port
connectivity, product- or sector-specific trade facilitation, testing and certifying facilities near ports rather
than reducing a few photocopies or duplication of documents.
The real success of a better rank in DB reports could be seen if it brings more individuals and small
and medium enterprises progressively into trade, at the same time, making trade easier for the existing
ones.

UNDERWHELMING JUDGMENT ON INTERNET

SHUTDOWNS
Context

● The Supreme Court (SC) verdict on the ​petitions challenging the Government’s move to suspend
internet services in Jammu and Kashmir

Background

● Following the abrogation of the special status of the erstwhile State of Jammu and Kashmir under
Article 370, the government had ​suspended telecom and internet services in the valley.
● The government claimed that the move was taken amid apprehensions that vested interests might
misuse the internet-enabled social media platforms for instigating violence in the valley.
● The move to ​impose internet suspension in the valley was challenged in the Supreme Court​. A
three-judge Bench of the Supreme Court, led by Justice N.V. Ramana, has come out with its verdict in
the case.

Internet Shutdown in India

● A conservative estimate by the Top10VPN website found that the ​2019 shutdowns alone cost
India’s economy at least US $1.3 billion last year
● Another report by the Indian Council for Research on International Economic Relations
previously found that ​Internet shutdowns cost the national economy approximately $3 billion
between 2012 to 2017
● India’s central government also ​gets regulatory power over the Internet from the Indian
Telegraph Act, 1885, which originally gave British colonial officials authority over telegraph
lines in India.
● This provided the basis for India’s government to implement Temporary Suspension of
Telecom Services Rules in 2017 that further ​formalized the way officials could issue orders
for Internet shutdowns.
● In practice, India’s Internet shutdowns resemble a total communications blackout that also
blocks phone calls and text messaging services alongside data connectivity.
Why is the government resorting to internet shutdowns frequently?

● First, the ​police and state machinery use this blunt tool at their disposal because none better have
been offered to them in an escalating situation.
● Second​, no consequences follow for even the illegitimate use of a mass measure like internet
shutdowns against the general public.
● There is no remedy forthcoming for a person who suffers material loss ​as a result of an internet
shutdown imposed on them.

Effects in Kashmir due to Internet Shutdown

● The blackout of the internet ​impinges on the right to freedom of expression. The denial of access to
the web poses a direct threat to the liberties of the press.
● The State’s economy ​has suffered a loss of no less than ₹15,000 crores since the dilution of Article
370 and the subsequent shutdown of communication channels.
● The connectivity blockade applied on J&K is ​proving lethal to entrepreneurship, crippling a new
generation that is running start-ups and promoting women’s employment.

Observations made by the Court

● On the matter of internet blackout in Jammu and Kashmir, the court made a significant observation. It
said that freedom of expression guaranteed as a fundamental right under Article 19 of the
Constitution includes the right to internet.
● Restrictions on the internet have to follow the principles of proportionality. ​Restrictions on
fundamental rights ​could not be in exercise of arbitrary powers.
● It added that any order passed ​to restrict or suspend judicial scrutiny will be subject to judicial
scrutiny.
● Suspension of internet services indefinitely is also​ ​a violation of telecom rules.

On section 144

● Section 144 cannot be used ​to suppress the legitimate expression of opinion or grievance, or the
exercise of democratic rights.
● When Section 144 is ​imposed for reasons of apprehended danger​, that danger must be an
“emergency”.
● The imposition of Section 144 ​must strike a balance between the rights of the individual and the
concerns of the state.
● Powers under Section 144 ​should be exercised in a reasonable and bona fide manner​, and the order
must state material facts in order to enable judicial review

Concerns regarding the court’s verdict

Failure as a court of Justice

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 ● The Court goes into long and elaborate discussions on the importance of free speech, the press,
the internet, as a tool for expression, and the need for reasoned orders and procedure, among other
things.
● Yet, it ​draws “conclusions” that are contradictory and have little or no bearing on what the
judgment discusses.

Failure to hold the state accountable

● The Court discusses why it is impermissible for the government to refuse to provide copies of the
orders suspending the internet in J&K.
● During the course of the hearing Government, claimed that it was not possible to produce all
the orders on the grounds of “privilege,” ​but was unable to show what law permitted such a
claim.
● Eventually, “sample orders” were produced after the claim of privilege was dropped.
● It is a cardinal rule of evidence that a party in possession of a document must produce the same or
the Court should draw an adverse conclusion against such a party.
● When the government failed to produce the orders suspending the internet, the Court should have
assumed that such orders did not exist, and the internet shutdown was therefore unlawful and was
to be lifted immediately.
● The Court does no such thing but ends its judgment with a ​plaintive plea to the government to
at least publish the orders of internet suspension so that people can challenge it in court at
some future date.

Lack of remedial actions

● Though the court states categorically, that an indefinite ban on the Internet is impermissible, it
fails to direct the restoration of services.
● The court though ​cautions against the misuse of Section 144 of the Code of Criminal
Procedure​, yet, it does not direct the authorities to review all their orders and restrictions
immediately.
● There are concerns being raised that the apex court in its judgment in a fundamental rights
case appears to have the character of an advisory opinion.
● The two “directions” it issues to the government contain no time limit for compliance and are
sufficiently vague that it takes trivial effort on the part of the government to claim “compliance.”
● In fact, the most recent order of suspension of the internet in J&K, lifting the shutdown in parts
for certain websites and continuing it elsewhere, ​can also be said to have “complied” with the
ineffectual directions of the Court.

Way Forward
● Though there are concerns regarding restrictions, it does not mean that there can be no restrictions
ever placed on the web.
● Disruption of connectivity should be resorted to only in the face of specific threats.
● A disruption is ​an extreme measure, and should be countenanced only for a specific threat​,
and as an interim measure only as it is official communications that fill the information vacuum.
● A case in point is the spreading of rumours on child lifters on social media, which resulted in
several lynchings.
● The judiciary ​needs to determine whether the executive has provided a reasoned order when
it directs an internet ban.

SUBJECTIVE TYPE QUESTIONS

1. What is the Ease of doing business Index?What parameters are used in calculating Ease of Doing
Business rankings?
2. How has India's performance been on the Ease of Doing Business rankings? What improvements
has India brought in to help improve its Ease of Doing Business ranking?.
3. What is original jurisdiction?What are the matters where the original jurisdiction of the Supreme
Court is provisioned?Is there any bar on the original jurisdiction of the Supreme Court?
4. Discuss in detail the provisions of Article 131 and how far it has been used in the past and what
benefits and disadvantages it has to offer to the States in challenging the Central laws?
5. “'Alternative Medicine' is not an 'alternative' at all, but the basis of our health care system and
hence should become a part of everyone’s life”Comment.
6. What do you understand by the term AYUSH? briefly narrate the significance of AYUSH?