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International Symposium on Health Governance in a Political Landscape

Centre for Trade and Investment Law (CTIL), Indian Institute of Foreign Trade established by Ministry of Commerce and Industry, Government of India, in collaboration with Centre for Justice, Law and Society (CJLS) at Jindal Global Law School (JGLS), recently organised the International Symposium on Health Governance in a Political Landscape: Interplay of Health Law, Society and Political Economy.

Dr. V.K. Paul, Member, NITI Aayog delivered the inaugural address highlighting the importance of access to medicine and right to health and shared his experiences for policy implementation during the COVID-19 pandemic. Dr. Paul emphasised the need for inspiring leadership in policymaking, particularly health policy, by citing the example of India’s leadership as a vaccine supplier to the developing countries during the COVID-19 pandemic. Dr. Paul also discussed how the deficiencies of India’s Epidemic Diseases Act, 1897 were addressed by invoking the Disaster Management Act, 2005 for implementing the health-related emergency measures during the COVID-19 pandemic. Prof. C. Raj Kumar, Vice Chancellor, O.P. Jindal Global University & Dean, JGLS delivered opening remarks along with the welcome address by Prof. James J. Nedumpara, Head & Professor, CTIL and Prof. Dipika Jain, Professor, JGLS & Director, CJLS respectively.

Hon’ble Mr. Justice Ravindra Bhat, Former Judge, Supreme Court of India chaired the plenary session 1 on the theme “Economic Policies, TRIPS and Healthcare: Building Bridges for Access”. Mr. Justice Bhat highlighted the importance of public interest as a ground for granting injunction in pharmaceutical patent disputes. Mr. Justice Bhat focussed on access to health and its intersection with the Intellectual property Right laws in broader parlance and interlinkages between health, trade, and access to medicines which balance economic and public rights. The panelists emphasised the need for innovative policy solutions and greater collaboration between governments, pharmaceutical companies, and international organizations to promote affordable access to medicines for all.

The second plenary session on the theme “Ink & Insight: Living the Scholarly Life Through Thought, Research & Publication” focused on the role of research and publication in shaping public health policy, particularly evidence-based policymaking. The panelists highlighted the influence of economic interests and conflicts of interest in health policy formulation and stressed on the importance of transparency in policymaking.

Dr. Sharmila Mary Joseph, Principal Secretary of Kerala’s Local Self-Government and Women & Child Development Department, delivered a special address that emphasised local bodies’ crucial role in addressing healthcare challenges and utilizing development funds effectively. Subsequently, thematic sessions explored diverse aspects of health governance, including intellectual property rights (IPRs), medicine accessibility, research ethics, and technology’s impact on health outcomes.

The first day of symposium concluded with a special address by Prof. Chantal Thomas, Vice Dean and Radice Family Professor of Law, Cornell Law School, United States of America highlighted India’s significant role in healthcare, emphasising its moral leadership during Covid-19 and in bringing out the Doha 2001 declaration. She called for an analytical shift in legal and political discourse, advocating for dynamic trade models that consider gender and promoting participatory politics in international trade law.

The thematic sessions on Day 2 featured esteemed speakers and participants delving into critical health governance issues, particularly in TWAIL and Health Equity, abortion rights, reproductive justice, and TRIPS and regional integration in health. Both days’ thematic sessions saw discussions among eminent academicians such as Prof. (Dr.) B.S. Chimni, Distinguished Professor of International Law, JGU; Professor (Dr.) S. G. Sreejith, Professor & Executive Dean, Jindal Global Law School & Executive Director, Centre for International Legal Studies, JGU; Prof. James J. Nedumpara, Head & Professor, CTIL; Dr. Sylvia Karpagam, Public Health Doctor and Researcher, Bengaluru; Prof. Leila Choukroune, Professor of International Economic Law & Director of the University of Portsmouth Thematic Initiative in Democratic Citizenship; Prof. Shailja Singh, Associate Professor, CTIL; Prof. Shiny Pradeep, Assistant Professor, CTIL; and the participants.

The symposium ended with a special address by Dr. Anup Wadhawan, former Commerce Secretary, Government of India and a distinguished lecture by Prof. Lorand Bartels on “International Economic Law and Right to Health”. Dr. Anup Wadhawan emphasised the complexities of ensuring access to medicines, urging conscious policy choices like reforming the IPR regime for public health goals. Prof. Bartels emphasized that health is reiterated a fundamental human right within international law. He also cited the Chilean alcohol tax case to underscore challenges in policy implementation. Prof. Ashita Dawer, Associate Professor of Economics, Jindal Global Law School, JGU delivered the concluding remarks. This session was moderated by Ms. Ronjini Ray, Consultant (Legal) Assistant Professor, CTIL.

The Symposium offered scholars and early-stage academicians, both domestic and international, a platform to present their research articles to expert commentators. Following feedback from the commentators, scholars will refine their articles for publication in a Special Issue of Jindal Global Law Review. Prof. James J. Nedumpara, Head & Professor, CTIL delivered the concluding observations of the Symposium.

Maharashtra Government notifies public holidays for 2024 under the Negotiable Instruments Act

Copy of Notification attached

The penetration of mutual funds in India and its growth has been remarkable. We have come a long way, but we still have huge potential, said Shri Amarjeet Singh, whole time member SEBI at the recent Mutual Fund Conclave organised by Bombay Chamber of Commerce & Industry, India’s oldest chamber of commerce and industry. At the same time he cautioned, that governance of AMCs is very important.

“Once Indian investors come in, they repose certain amount of interest or faith in the market and if that faith is disturbed, then they withdraw from that particular segment of the market and it’s very difficult to get them back. It is responsibility of all the stakeholders, including regulators, industry and investors to make sure that this trust and faith which is required is not disturbed and that is why we need good governance,” he said.

He further added that digitisation and the spread of information on social media has ensured that it does not take much time for negative news to spiral and reputations to be adversely affected. “Past experience has shown that once trust in the markets is lost, it takes a long time to rebuilt it. Since mutual funds have a very small ticket size, could be as low as INR 100 to 500, it is even more critical to maintain the trust and faith of investors. So, ensuring strong corporate governance practices and transparency within the mutual fund industry is crucial for future growth,” he stated.

Nilesh Shah, past President, Bombay Chamber and Group President and MD, Kotak Mahindra AMC set the theme for the event. The Conclave saw two insightful panel discussions. The first was on the topic Mutual Fund Maturity in India: Future Trends and Investor Preferences. The panelists were Nilesh Shah; Navneet Munot, MD & CEO, HDFC AMC; Nimesh Shah, MD & CEO, ICICI Prudential AMC Ltd and D. P. Singh, DMD & Jt CEO, SBI Mutual Fund. The session was moderated by Latha Venkatesh, Executive Editor, CNBC TV18.

The second panel discussion was on The Shifting Regulatory and Business Terrain. The panelists were Varun Sridhar, CEO, Paytm Money Ltd; Dhiraj Relli, MD & CEO, HDFC Securities Limited; Varun Gupta, CEO, Groww Mutual Fund; Kalpen Parekh, MD & CEO, DSP Mutual Fund. The moderator was Sourav Majumdar, Editor, Business Today.

The Vote of Thanks was presented by Rajiv Anand, board member, Bombay Chamber and Deputy Managing Director, Axis Bank.

More than 100 senior executives from the Alliance of CEO Climate Leaders, the world’s largest CEO-led community committed to net zero emissions, signed an open letter recently ahead of the COP28 climate conference, calling on leaders from the public and private sectors to accelerate net-zero actions to reduce carbon emissions for the benefit of society, public health and the global economy.

The latest IPCC report has confirmed that the world is on course to breach the critical barrier of 1.5°C warming within the next two decades, setting a path to cascading climate tipping points and irreversible damage to the Earth’s planetary systems. Limiting the average global temperature increase to 1.5°C would require 50% emissions reductions by 2030 – amounting to annual emission reductions greater than what was achieved during the COVID-19 pandemic.

According to the latest report from S&P Global Market Intelligence, India is poised to become the world’s third-largest economy, surpassing Japan by 2030. The report anticipates that India’s GDP will double, reaching $7.3 trillion, up from $3.5 trillion in 2022. This rapid economic growth will lead to India overtaking Japan as the second-largest economy in the Asia-Pacific region. Currently, Japan holds the third position globally, following the United States and China.

The substantial increase in foreign direct investment into India over the past decade reflects the promising long-term growth prospects of the Indian economy. This growth is driven by a youthful demographic profile and rapidly rising urban household incomes. By 2022, India’s GDP had already exceeded that of the United Kingdom and France. The report also predicts that by 2030, India’s GDP will surpass Germany’s.

Notably, Japan is expected to slip to the fourth position in the world economy rankings based on US dollar valuation, as Germany takes over the third spot. The International Monetary Fund’s projections support this change.

India stands out as an outperformer in the emerging market landscape, with the private sector experiencing the second-fastest sales growth in over 13 years, contributing to overall economic expansion. While Russia reported robust growth, mainland China’s expansion slowed, and Brazil faced economic contraction during the survey period, as highlighted by S&P.

The report also underscores the global economic slowdown, which reached its lowest point in eight months by the end of the third quarter. Furthermore, the first contraction in global new orders and a significant decrease in work backlogs suggest potential weaknesses in the coming months.

The RBI has instructed banks to ensure the presence of at least two Whole Time Directors (WTDs), including the MD & CEO, on the boards of banks. As per the RBI, the number of WTDs shall be decided by the Board of the bank by taking into account factors such as the size of operations, business complexity, and other relevant aspects.

Further, RBI has said that banks lacking two executives in directorial roles must present proposals for the appointment within a four-month timeframe. “Given the growing complexity of the banking sector, it becomes imperative to establish an effective senior management team in the banks to navigate ongoing and emerging challenges. Establishment of such a team may also facilitate succession planning, especially in the background of the regulatory stipulations in respect of tenure and upper age limit for Managing Director and Chief Executive Officer (MD & CEO) positions,” the RBI has said in a statement.

Startups registered with DPIIT will not be subject to assessment proceedings relating to Angel Tax amendments made in Budget 2023.

The Income Tax Department had last month notified new angel tax rules for evaluating the shares issued by unlisted startups to investors.

While previously the angel tax – a tax levied on capital received on the sale of shares of a startup above the fair market value – was applicable only to local investors, the Budget for the 2023-24 fiscal (April 2023 to March 2024) widened its ambit to include foreign investments.

As per the Budget, the excess premium will be considered as ‘income from sources’ and taxed at the rate of up to over 30 per cent. However, startups registered by the DPIIT were exempt from the new norms.

India’s Wholesale Price Index (WPI) reported a provisional annual deflation of 0.26% in September 2023, marking a decline from the previous month’s rate of -0.52% in August 2023. The decline in prices was attributed to decreases in chemical and chemical products, mineral oils, textiles, basic metals, and food products compared to the corresponding month of the previous year.

The WPI and inflation rates for all commodities and major groups for the past three months are:

All Commodities (Weight: 100.0%): The WPI decreased from 152.4 in August 2023 to 151.5 in September 2023, with a corresponding drop in the annual inflation rate from -0.52% to -0.26%.
Primary Articles (Weight: 22.62%): The WPI decreased to 182.4 in September 2023, showing an annual inflation rate of 3.70%, compared to 189.6 and 6.34% in August 2023.
Fuel & Power (Weight: 13.15%): The WPI increased to 153.1 in September 2023, resulting in an annual inflation rate of -3.35%, compared to 149.6 and -6.03% in August 2023.
Manufactured Products (Weight: 64.23%): The WPI increased to 140.3 in September 2023, with an annual inflation rate of -1.34%, compared to 139.8 and -2.37% in August 2023.
Food Index (Weight: 24.38%): The WPI declined to 177.8 in September 2023, showing an annual inflation rate of 1.54%, compared to 186.1 and 5.62% in August 2023.

The International Monetary Fund (IMF), in its World Economic Outlook (WEO) report for October 2023, released on October 10th, has revised India’s economic growth projection for the current fiscal year. It now stands at 6.3 percent, an increase from the previous estimate of 6.1 percent. The IMF anticipates that retail inflation in India will climb to 5.5 percent in fiscal year 2023-24 before gradually declining to 4.6 percent in 2024-25.

“Growth in India is projected to remain strong, at 6.3 per cent in both 2023 and 2024, with an upward revision of 0.2 percentage points for 2023, reflecting stronger-than-expected consumption during April-June,” said the IMF. This is the second time that the IMF has made an upward revision to India’s growth forecast.

The Reserve Bank of India has opted to maintain its key interest rate unchanged, citing persistent inflation as a significant concern. The Monetary Policy Committee, consisting of three members from the central bank and an equivalent number of external members, unanimously decided to keep the benchmark repurchase rate (repo) at 6.50 percent.

The central bank also indicated its intention to uphold tight liquidity through bond sales in order to steer prices closer to the desired target. This marks the fourth consecutive meeting where the rate has remained unchanged, reaffirming their commitment to the “withdrawal of accommodation” stance.

RBI Governor Shaktikanta Das emphasised that the central bank has identified high inflation as a primary threat to macroeconomic stability and sustainable growth. He reaffirmed the bank’s unwavering dedication to aligning inflation with the 4 percent target on a sustainable basis.

As per the RBI, the main considerations underlying the decision are:

• Global growth is losing momentum. Inflation is easing gradually but remains well above target in major economies. Concerns about higher for longer rates are imparting volatility to global financial markets. Sovereign bond yields have hardened, the US dollar has appreciated, and equity markets have corrected. Emerging market economies (EMEs) are experiencing currency depreciation and volatile capital flows.
• Real gross domestic product (GDP) posted a growth of 7.8 per cent year-on-year (y-o-y) in Q1:2023-24 (April-June), underpinned by private consumption and investment demand.
• South-west monsoon rainfall recovered during September and ended 6 per cent below the long period average. The acreage under kharif crops was 0.2 per cent higher than a year ago. The index of industrial production rose by 5.7 per cent in July; core industries output expanded by 12.1 per cent in August. Purchasing managers’ indices (PMIs) and other high frequency indicators of the services sector exhibited healthy expansion in August-September.
• On the demand front, urban consumption is buoyant while rural demand is showing signs of revival. Investment activity is benefitting from public sector capex. Strong growth is seen in steel consumption, cement production as well as in imports and production of capital goods. Merchandise exports and non-oil non-gold imports remained in contraction in August, although the pace of decline eased. Services exports improved in August.
• CPI headline inflation surged by 2.6 percentage points to 7.4 per cent in July due to a spike in vegetable prices, before moderating somewhat in August to 6.8 per cent. Fuel inflation edged up to 4.3 per cent in August. Core inflation (i.e., CPI excluding food and fuel) softened to 4.9 per cent during July-August 2023.
• As on September 22, 2023, money supply (M3) expanded by 10.8 per cent (y-o-y) and bank credit grew by 15.3 per cent. India’s foreign exchange reserves stood at US$ 586.9 billion as on September 29, 2023.