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No more hydro-power projects in Uttarakhand: SC
New Delhi, August 13
Expressing “deep concern” over the recent tragedy caused by floods and landslides in Uttarakhand, the Supreme Court today directed the Centre and the state government not to clear any hydroelectric power project in the hilly state.

Parties want government to ensure Parliament supremacy
New Delhi, August 13
CPI leaders Gurudas Dasgupta and D Raja talk to mediapersons after an all-party meeting in New Delhi on Tuesday. Political parties across the spectrum today expressed a view that steps be taken to address issues raised by the recent court judgements, including the move to undo one that bars people in custody from contesting elections.

CPI leaders Gurudas Dasgupta and D Raja talk to mediapersons after an all-party meeting in New Delhi on Tuesday. Tribune photo: Mukesh Aggarwal


EARLIER STORIES



Bind docs to prescribe only generic drugs: House panel
New Delhi, August 13
A Parliamentary Standing Committee has suggested a legislation making it legally binding on doctors to prescribe only cheaper, generic medicines and action against those who advise expensive, branded drugs. The committee headed by BJP leader Shanta Kumar observed huge variations between the prices of branded and generic medicines.

Want Parliament to function: BJP
New Delhi, August 13
The Opposition BJP, which cornered the Congress on the Robert Vadra land deals in both Houses today, has blamed the ruling party for forcing adjournments in Parliament by "selectively using" allies and issues.

Amid Telangana protests, LS unable to discuss Food Bill
New Delhi, August 13
Despite all-out efforts to broker peace with the Opposition and anti-Telangana MPs in the Lok Sabha today, the government was unable to start discussions on the crucial food security Bill as four members of the Telegu Desam Party (TDP) held the proceedings to ransom.

Ansari’s plea against ‘anarchy’ in RS
New Delhi, August 13
Anguished at frequent adjournments, Rajya Sabha Chairman Hamid Ansari today wondered whether the Upper House had become a “federation of anarchists”. As soon as the House assembled for the day, several BJP members were on their feet, raising the issue of Robert Vadra’s allegedly illegal land deals even as some Congress members countered them. Some TDP members displayed shirts bearing slogans such as “Save Andhra Pradesh, Save Democracy” to protest against the creation of Telangana.





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No more hydro-power projects in Uttarakhand: SC
R Sedhuraman
Legal Correspondent

New Delhi, August 13
Expressing “deep concern” over the recent tragedy caused by floods and landslides in Uttarakhand, the Supreme Court today directed the Centre and the state government not to clear any hydroelectric power project in the hilly state.

“We direct the Union Ministry of Environment and Forest (MoEF) as well as the State of Uttarakhand not to grant any further environmental clearance or forest clearance for any hydro-electric power project in the state of Uttarakhand until further orders,” a bench comprising Justices KS Radhakrishnan and Dipak Misra said in a 72-page judgment.

The apex court also directed the MoEF to constitute an ‘Expert Body” consisting of representatives of the state government, Wildlife Institute of India (WII), Central Electricity Authority (CEA), Central Water Commission (CWC) and other expert bodies to make a detailed study as to whether such power projects “existing and under construction have contributed to the environmental degradation, if so, to what extent and also whether it has contributed to the present tragedy which occurred at Uttarakhand in the month of June 2013.”

The MoEF would also examine as to whether the “proposed 24 projects are causing significant impact on the biodiversity of Alaknanda and Bhagirath River basins,” the SC said.

The Bench asked the Disaster Management Authority of Uttarakhand to submit a report specifying whether it had any disaster management plan in place and if so how effective it was for combating the “present unprecedented tragedy.”

All the reports sought by the SC would have to be submitted within three months, the Bench clarified.

The SC said WII had, in a December 2012 report, found that of the 39 proposed power projects, 24 were significantly impacting biodiversity values in the two sub-basins - both aquatic and terrestrial and critically important habitat of rare, endangered and threatened species of flora and fauna.

“We are also deeply concerned with the recent tragedy which has affected the Char Dham area of Uttarakhand….Snowfall ahead of the cloudburst also has contributed to the floods resulting in the burst on the banks of Chorabari lake near Kedarnath leading to large-scale calamity resulting in loss of human lives and property.”

“The adverse effect of the existing projects, projects under construction and proposed, on the environment and ecology calls for a detailed scientific study. Proper Disaster Management Plan, it is seen, is also not in place, resulting in loss of lives and property,” the Bench said while explaining the reason for its directives.

The apex court issued the directives while disposing of the appeal filed by the Alaknanda Hydro Power Company Ltd. (AHPCL) which had come in appeal against the Uttarakhand HC verdict on the construction of the Srinagar Hydro Electric Project (SHEP) located in Tehri/Pauri Garhwal district for the construction of six units of 55 MW each with a total capacity of 330MW.

The company had questioned the applicability of an environment impact assessment (EIA) notification to the project for which environmental clearance had been given and approval granted by the CEA and the Planning Commission.

The ruling

  • The MoEF should constitute an ‘expert body”
  • It should make a detailed study as to whether such power projects “existing and under construction have contributed to the environmental degradation”
  • Disaster Management Authority of Uttarakhand to submit a report specifying whether it had any disaster management plan in place
  • All the reports sought would have to be submitted within three months

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Parties want government to ensure Parliament supremacy
Tribune News Service

New Delhi, August 13
Political parties across the spectrum today expressed a view that steps be taken to address issues raised by the recent court judgements, including the move to undo one that bars people in custody from contesting elections.

At the end of a nearly 120-minute all-party meeting here, Parliamentary Affairs Minister Kamal Nath said: “We discussed the SC judgement on AIIMS. We talked about judicial commission and various court pronouncements...there is consensus, rather a demand from all political parties that effective steps be taken to ensure supremacy of Parliament”.

The minister said amending the Representation of the People Act to cancel the judgement directing immediate disqualification of parliamentarians or legislators on being sentenced for more than two years in a criminal case was also discussed.

On the issue of reservation in AIIMS super speciality courses, the Government informed of the intention to file a review petition. BJP leader Sushma Swaraj said all parties agreed with the decision. “Another issue was about the judgement. Suppose you are in police custody even for a day, then you do not have a right to vote nor you can file nomination for election. The government said that they want to amend the Representation of the People Act to undo this. The BJP supported this”, she said.

At the meeting, the government also ascertained views on the proposed Judicial Appointments Committee, altering the existing collegium system of appointment of judges with the BJP suggesting the Bill be referred to the Standing Committee for scrutiny while Biju Janata Dal, Shiv Sena and Telugu Desam felt that the legislation should not be rushed through.

BJD MP Bharatruhari Mahtab took exception to the move to elicit views on a Bill that had not yet received assent by the Union Cabinet. The party, he said also differed from most parties favouring that once convicted MP/MLA should step down and challenge like any ordinary citizen.

CPM leader Sitaram Yechury said the government put forward proposals suggesting that a convicted MP/MLA lose his right to vote or participate in House proceedings pending final disposal by higher courts and suspension of privileges. However, there were disagreements over the procedure with the BJD said the steps suggested by the Government would further humiliate a member.

The move by the Parliamentary Affairs Minister was to build broader consensus on Bills and also to ensure smooth functioning of both the Houses to take forward the primary concern of the Congress-led UPA for consideration and passage of the all-important Food Security Bill, to replace the July 5 ordinance.

Amendment discussed

Parliamentary Affairs Minister Kamal Nath, said amending the Representation of the People Act to cancel the judgement directing immediate disqualification of parliamentarians or legislators on being sentenced for more than two years in a criminal case was also discussed

We discussed the SC judgement on AIIMS. We talked about judicial commission and various court pronouncements... there is consensus, rather a demand from all political parties that effective steps be taken to ensure supremacy of Parliament

— Kamal Nath, Parliamentary Affairs Minister

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Bind docs to prescribe only generic drugs: House panel
Vibha Sharma/TNS

New Delhi, August 13
A Parliamentary Standing Committee has suggested a legislation making it legally binding on doctors to prescribe only cheaper, generic medicines and action against those who advise expensive, branded drugs.

The committee headed by BJP leader Shanta Kumar observed huge variations between the prices of branded and generic medicines. The report on “FDI in pharmaceutical sector”, which also recommended a blanket ban on foreign direct investment (FDI) in brown field (existing) pharma projects, came down heavily on attempts by multinational companies (MNCs) to gain monopoly over India’s Rs 42,000-crore pharmacy market. “It appears 100 per cent FDI in the pharmaceutical sector is being conveniently used as an instrument by MNCs to gain monopoly over the Indian market and destroy India’s technological capabilities to produce generic medicines.

“Since 2006-07, seven prominent domestic pharma companies have been acquired by foreign companies at highly overvalued prices, hiding their real intention of profit maximisation at the cost of the health of the country,” it said.

The committee has asked the Commerce Ministry to “pierce the veil and take cognisance of the real threat and take appropriate measures to ensure drug security for the country”, lamenting that in some cases the cost of branded drug was 80 to 85 times higher than its generic equivalent.

“It is now up to the government to tell us in an action taken report what it has to say on the matter,” Shanta Kumar said.

Tamil Nadu and Rajasthan are the only two states where generic medicines are mandatory in government hospitals. “We appeal to all states and the Centre to follow the good practice,” he added.

Quoting the example of cancer treatment drug “Sorafenib”, whose branded version cost Rs 2.80 lakh for 120 tablets, the report said invoking the Compulsory License (CL) provision under Section 84 of the Indian Patents Act, Hyderabad-based pharma company NATCO was able to provide the medicine for Rs 8,800.

“This is nothing but loot. The government should identify more such essential lifesaving drugs for manufacture under CL,” Kumar added.

The committee said on an average a Rs-100 generic medicine cost around Rs 1,000 when sold as branded.

“Most doctors prescribe branded medicines compelling the poor to buy expensive medicines. Some countries have a law saying doctors can only prescribe generic medicines otherwise their licences will be cancelled,” Kumar said.

Stressing that unbranded generic medicines were the only hope for millions of people in the country and also for the poor in other parts of the globe, it said any policy that adversely, howsoever remotely, affected the generics capacity of the country must be discarded.

The committee, which called for a ban on the FDI in brown field projects, has no reservations against 100 per cent FDI in green field (new) pharma projects under automatic route.

‘FDI in pharmaceutical sector’ report

  • The committee asks the Commerce Ministry to take appropriate measures to ensure drug security for country
  • Criticises attempts by MNCs to gain monopoly over India’s lucrative pharmacy market
  • Recommends blanket ban on FDI in existing pharma projects
  • Favours 100 per cent FDI in green field (new) pharma projects

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Want Parliament to function: BJP
Vibha Sharma/TNS

New Delhi, August 13
The Opposition BJP, which cornered the Congress on the Robert Vadra land deals in both Houses today, has blamed the ruling party for forcing adjournments in Parliament by "selectively using" allies and issues.

Having created a storm in both the Lok Sabha and the Rajya Sabha by demanding a debate on the Vadra issue, the saffron party is expected to give the issue a rest to concentrate on the food Bill, in which it is seeking several amendments and also wants a debate.

Talking to mediapersons, Leader of Opposition in the Lok Sabha Sushma Swaraj said "We want Parliament to function, but that does not mean that we will not raise issues. You (Congress-led UPA) don't even want to listen to what we have to say. But you cannot stop us from raising questions. Whether you reply or not depends on you, but we will continue to exercise our right to ask you questions," she said.

BJP spokesman Shahnawaz Hussain also said that his party wanted Parliament to function. He also accused the ruling party of turning Parliament into a "centre of politics" by encouraging pro-Andhra demonstrations inside and outside the House.

Party Warms up to TDP

Though the BJP and the TDP do not agree on the issue of Telangana, the two parties, which were part of the NDA, appear to be working closely in Parliament. Sushma Swaraj on Tuesday told the government that TDP members protesting continuously in the House against division of Andhra Pradesh should not be named or suspended.

Sushma stuns Kamal Nath

Sushma Swaraj on Tuesday told Parliamentary Affairs Minister Kamal Nath that he lacked humility. "You may shave many qualities but you lack humility. The Parliament can function if only you can be a little humble. Please change your attitude and manner," she told Kamal Nath, who apologised to BJP veteran Murali Manohar Joshi for speaking brashly to him on the issue of persisting disruption of Parliament.

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Amid Telangana protests, LS unable to discuss Food Bill
Aditi Tandon/TNS

New Delhi, August 13
Despite all-out efforts to broker peace with the Opposition and anti-Telangana MPs in the Lok Sabha today, the government was unable to start discussions on the crucial food security Bill as four members of the Telegu Desam Party (TDP) held the proceedings to ransom.

Modugala Venugopala Reddy, Sivaprasad Naramalli, Nimmala Kristappa and Konkalla Narayana of the TDP ignored appeals from Lok Sabha Speaker Meira Kumar, Leader of Opposition Sushma Swaraj and Parliamentary Affairs Minister Kamal Nath to stop their anti-Telangana protests in the interest of an important legislation.

Even as an eager Congress president Sonia Gandhi awaited commencement of the debate on the Bill (she is expected to initiate the discussion for the Congress), Sivaprasada turned around instead to say, “The food Bill is secondary. Lives are more important”.

Food Minister KV Thomas introduced the Bill in the background but was hardly audible. As members remained adamant, the Speaker held three meetings to convince them to allow discussions on the food Bill saying it needs to be taken up in an orderly House. She issued one last appeal to agitators at 4 pm today after the House was adjourned for the day following two disruptions post-lunch when the Bill was to be considered for passing.

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Ansari’s plea against ‘anarchy’ in RS
Ashok Tuteja/TNS

New Delhi, August 13
Anguished at frequent adjournments, Rajya Sabha Chairman Hamid Ansari today wondered whether the Upper House had become a “federation of anarchists”. As soon as the House assembled for the day, several BJP members were on their feet, raising the issue of Robert Vadra’s allegedly illegal land deals even as some Congress members countered them. Some TDP members displayed shirts bearing slogans such as “Save Andhra Pradesh, Save Democracy” to protest against the creation of Telangana.

Ansari pleaded with the members to resume their seats but in vain. As nothing could be heard in the din, the Chairman visibly lost his cool and made some stinging remarks about the behaviour of the members. “Every single rule, every single etiquette is being violated. If honourable members wish this House to become a federation of anarchists, then it is a different matter,” he said.

When some members objected to his remarks, the Chairman observed that this was not the way matters could be raised in the House and adjourned it for 30 minutes.

When the House reassembled, Leader of the Opposition Arun Jaitley expressed his party’s displeasure over the Chair’s remarks and demanded that the word “anarchists” be expunged. Deputy Chairman PJ Kurien said the Chairman’s remarks were not aimed against any particular member or party.

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