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4th February – Editorials/Opinions Analyses

Contents

  1. Camel in the Tent: On Shortage of Doctors
  2. Towards cooperative Federalism
  3. What Brexit holds for the EU and its Partners?

CAMEL IN THE TENT: ON SHORTAGE OF DOCTORS

Why in news?

Centre pushes to attach medical colleges to existing district hospitals in the public-private partnership (PPP) mode, to ostensibly address the shortage of doctors in the country.

Finance Minister Nirmala Sitharaman, in the Union Budget speech, introduced the proposal and stated that those States that fully allow the facilities of the hospital to the medical college and wish to provide land at a concession would be eligible for viability gap funding.

It argues that it is practically not possible for Central and State governments to bridge the gaps in medical education with their limited resources and finances, necessitating the formation of a PPP model, “combining the strengths of both sectors”

Potential threats

It is problematic that the NITI Aayog envisages the creation of “free” patients versus others, because this will create a new category of have-nots. A working draft of the concessionaire agreement indicates that the private firm “can demand, collect and appropriate hospital charges from patients”.


TOWARDS COOPERATIVE FEDERALISM

Why in news?

As of January 28, the Chief Ministers of at least 11 States have expressed their unwillingness to implement the National Register of Citizens (NRC).

Two of these States, West Bengal and Kerala, have stayed all work on the National Population Register (NPR), which is the foundational register from which the NRC will be built

NPR & NRC

The Citizenship (Registration of Citizens and Issue of National Identity Cards) Rules, 2003, provide for the process by which taluk level officers will prepare a National Register of Indian Citizens after filtering Indian citizens from the NPR a register enumerating all residents in the country, by family

Center vs state

  • Constitution gave the Union Government the power to bring errant States in line with the Constitution.
  • For example, Article 355 enjoins the Union to  ensure that the government of every State is carried on in accordance with the provisions of this Constitution”.
  • Acting under its fiduciary duty towards the Constitution and the people of the State, the Union may also temporarily, and for restoring constitutional governance in a State, declare President’s rule in the State under Article 356

Dr. B.R. Ambedkar reckoned with in saying “however good a Constitution may be, it is sure to turn out bad because those who are called to work it happen to be a bad lot

SR  Bommai case

 in the landmark S.R. Bommai judgment, States are not mere “appendages” of the Centre. After all, what sets Union Territories apart from States is the exclusive and distinct legislative and administrative competences of the States, to be acted on through their three organs of government

Way forward

  •  The Union government can include States in how decisions are made and enforced, or it can depend on archaic emergency provisions to enforce its will.
  • Not every disagreement between States and the Union is the same, and the Union must develop newer conventions to foster cooperation.

WHAT BREXIT HOLDS FOR THE EU AND ITS PARTNERS?

Why in news?

On January 31, 2020, the United Kingdom left the European Union.

Analysis

  • It has been a structured exit  which minimises disruption for citizens, businesses, public administrations, as well as for EU’s international partners
  • Under the agreement, the EU and the U.K. agreed on a transition period, until the end of 2020 at least,
  • During that period the U.K. will continue to participate in the EU’s Customs Union and in the Single Market, and to apply EU law, even if it is no longer a Member State.
  • During this period, the U.K. will also continue to abide by the international agreements of the EU
  • The EU and the U.K. are bound by history, by geography, culture, shared values and principles and a strong belief in rules-based multilateralism
  • Basic truth is that today’s global challenges — from climate change, to cybercrime, terrorism or inequality — require collective responses
  • The European Union needs to continue to be a  steadfast defender of rules-based multilateralism, working with our partners to make the world more secure and fair.
  • It needs to stand by the agreements that link EU to other international partners and will continue to develop multilateral cooperation frameworks around the world.
March 2024
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