The Evening Wrap: Supreme Court scraps electoral bonds scheme

The Supreme Court on February 15 struck down the electoral bonds scheme, which provides blanket anonymity to financial contributions to political parties, and amendments made to the law allowing rich corporations to make unlimited political donations “unconstitutional and manifestly arbitrary”. A five-judge Bench headed by Chief Justice of India D. Y. Chandrachud, in a unanimous judgment, held that the electoral bonds scheme and preceding amendments made to the Representation of People Act, Companies Act and the Income Tax Act violate the voters’ right to information about political funding under Article 19(1)(a) of the Constitution. The apex court ordered the State of Bank of India, to stop issuance of electoral bonds herewith. The bank was directed to submit details of bonds purchased from April 12, 2019 till date to the Election Commission of India (ECI). On April 12, 2019 the top court had ordered the ECI to submit, in a sealed cover, the records of bonds purchased till then. The “details” would include date of purchase of each bond, the name of the buyer and the denomination of the bond. The bank would make a full disclosure to the ECI of political parties which had received contributions and encashed the electoral bonds from April 12, 2019. The bank would furnish the information to the ECI by March 6, 2024. The poll body, in turn, has to publish the entire information given by the State Bank of India on its website by March 13, 2024. Electoral bonds, with a validity period of 15 days and yet to be encashed, would be returned by political parties or purchasers to the bank, which must refund the amount to the purchasers’ accounts. The lead opinion authored by Chief Justice Chandrachud said the absolute non-disclosure of the source of political funding through electoral bonds promoted corruption and a culture of quid pro quo with the ruling party to introduce a policy change or for bagging a licence. The scheme and the amendments authorised “unrestrained influence of corporates in the electoral process”. The scheme allowed the inflow of “huge contributions” by companies and multinational corporations with major business stakes in the country, overawing or even concealing the relatively small financial contributions of the ordinary Indian -- the student, the daily wage worker, the artist or a teacher -- who believes in the ideologies of a political party without expecting any substantial favours in return. “Would we remain a democracy if the elected do not heed to hue and cry of the needy? We ask ourselves whether the elected would truly be responsive to the electorate if companies which bring with them huge finances and engage in quid pro quo arrangements with parties are permitted to contribute unlimited amounts,” Chief Justice Chandrachud noted. He said the scheme and the amendments promoted “economic inequality” by giving corporations with money power an unsurpassable advantage over citizens in electoral process and political engagement. “This is violative of the principle of free and fair elections and political equality captured in a value of ‘one person, one vote’,” Chief Justice Chandrachud observed. The judgment belled the cat on the deep nexus between money and politics. It said “contributions made by companies are purely business transactions made with the intent of securing benefits in return”. The court dismissed the argument of the government that anonymity of political donors afforded by electoral bonds incentivised financial contributions through banking channels. The court agreed that the fundamental right to privacy extended to a person’s political affiliation. However, it said, there should be a balance between informational privacy and the voters’ right to information. Chief Justice Chandrachud drew a clear distinction between donations by corporates for favours and contributions by individuals as a mark of their political beliefs. “Not all contributions are made to alter public policy. Contributions are also made by people to political parties which are not substantially represented purely with the intent of extending support… Contributions made for quid pro quo are not an expression of support,” the Chief Justice distinguished. The court rubbished the government’s claim that the scheme was meant to curb the injection of black money into the electoral process. It said “curbing of black money” was not a reasonable restriction under Article 19(2) of the Constitution to the exercise of the voters’ fundamental right to information about political funding enshrined in Article 19(1)(a). Chief Justice Chandrachud asked the Centre how the “absolute” non-disclosure of the sources of political funding introduced in the electoral bonds scheme had a rational nexus with curbing black or unregulated money. “Clause 7(4) of the scheme completely exempts information on the purchasers of electoral bonds. This information is never disclosed to the voters. The purpose of securing information about political funding cannot be fulfilled by absolute disclosure,” the Chief Justice pointed out. Applying the “double proportionality standards”, the court said the clause was unconstitutional as it did not balance the conflicting right to information of voters and informational privacy of the contributors to their political affiliations. The judgment said the entire electoral bonds scheme had hinged on the anonymity provided under Clause 7(4). Without the clause, the scheme was not indistinguishable from other modes of financial contributions like cheques, direct debit or electronic transfers. Sans the clause, the scheme had to fall. Hemant Soren remanded to 14-day judicial custody in land scam case Former Chief Minister of Jharkhand, Hemant Soren, was sent to the Birsa Munda Central Jail on Thursday after his 13-day custody of the Enforcement Directorate (ED) ended in the alleged land scam case. He will be lodged in judicial custody for 14 days. Earlier in the day, Soren was produced in the Special PMLA (Prevention of Money Laundering Act) court after the remand period was over. Soren was arrested by the ED on January 31 in connection with allegedly forging the land documents of 8.5 acres in the Badgai area of Ranchi between 2020 and 2022. After his arrest, the Central agency had taken Soren on remand from the special court thrice for questioning. After leaving the court, Soren was sent to the jail located at Hotwar in Ranchi under tight security. He has been kept in cell number one upper division, which is mainly used for VIP prisoners. A staff has also been provided to him in the cell. Demanding justice for Soren, hundreds of Jharkhand Mukti Morcha (JMM) workers gathered at Morahabadi ground under Bapu Tower and staged a silent protest led by JMM Rajya Sabha member Mahua Manjhi. The party has also decided to take out a Nyay Yatra to free Soren from the jail. “We have chosen a non-violence way to lodge a protest against the BJP and to extend support to our leader Hemant Soren ji. The BJP is harassing all popular leaders of the opposition parties who are not with them. The Central agencies should work without any partiality. Those who have joined the BJP are safe. The ED, CBI and Income Tax are no more troubling those leaders,” Manjhi said. She said action against Soren had been taken keeping the Lok Sabha election in mind. Jharkhand Rashtriya Janata Dal (RJD) State general secretary Manoj Kumar Pandey said that as being the part of the government, the party had decided to launch Statewide protests to seek justice for Soren. ED summons Trinamool leader Mahua Moitra in FEMA case The Enforcement Directorate has summoned TMC leader and former Lok Sabha MP Mahua Moitra for questioning in a FEMA contravention case next week, official sources said on February 15. The 49-year-old politician has been asked to depose on February 19 at the central agency’s office in Delhi. Her statement will be recorded under the provisions of the Foreign Exchange Management Act (FEMA) once she deposes, they said. Moitra is being probed by the CBI too and it is conducting a preliminary inquiry into the allegations against Moitra on the reference from the Lokpal. BJP MP Nishikant Dubey had accused Moitra of asking questions in the Lok Sabha to target the Adani Group and Prime Minister Narendra Modi at the behest of businessman Darshan Hiranandani in exchange for gifts. He had also accused Moitra of compromising national security for monetary gains. In December, Moitra was expelled from the Lok Sabha over the issue. Moitra has denied any wrongdoing and claimed she was being targeted as she had raised questions on the deals of the Adani Group. Bangladesh Nobel winner Yunus says his firms ‘forcefully’ taken over Bangladesh Nobel peace laureate Muhammad Yunus said on February 15 several of his firms were “forcefully” taken over, weeks after his conviction in a criminal case his supporters say was politically motivated. Yunus, 83, is credited with lifting millions out of poverty with his pioneering microfinance bank but has earned the enmity of long-time Prime Minister Sheikh Hasina, who has accused him of “sucking blood” from the poor. He told a press conference that on February 12, a group of “outsiders” had come to a building housing several of his companies, taking over offices and locking out staff. “Some people came and took control forcefully,” he said, without giving further details on those involved. “We’re in deep trouble. It’s a big disaster,” he added. “They are trying to run the companies according to their rules.” Yunus said police refused to register a criminal case regarding the apparent takeover. “They find no problems” with the occupation, he said. Earlier on February 15, dozens of people who told employees they were supporters of the ruling Awami League stood at the gates of the building to refuse entry to staff. “They did not allow us to enter the building,” Mainul Hasan, a general manager of one of the Yunus-chaired firms, told AFP. Some of those who entered the building told those present that they were the new directors of several of the firms, existing employees said. Last month, Yunus and three colleagues from Grameen Telecom, one of the firms he founded, were sentenced to jail for six months after they were found guilty of violating labour laws. All four deny the charges, which supporters and rights groups said were politically motivated, and have been bailed pending appeal. Yunus is facing more than 100 other charges over labour law violations and alleged graft. Last year, around 160 global figures, including former U.S. president Barack Obama and ex-U.N. Secretary-General Ban Ki-moon, published a joint letter denouncing “continuous judicial harassment” of Yunus. The signatories, including more than 100 of his fellow Nobel laureates, said they feared for “his safety and freedom”. Critics accuse Bangladeshi courts of rubber-stamping decisions made by Hasina’s Government, which won re-election last month in a vote without genuine Opposition parties. Her administration has been increasingly firm in its crackdown on political dissent, and Yunus’s popularity among the Bangladeshi public has for years earmarked him as a potential rival. Congress MP Dhiraj Sahu revises income tax returns; settles taxes on ₹150 crore with ₹50 crore remaining unexplained “Congress Rajya Sabha member Dhiraj Sahu, who was in the news following a ₹350 crore cash recovery from his premises, has revised his income tax returns and paid taxes for ₹150 crore,” according to sources. He contended that a portion of the recovered cash pertained to business transactions in the current financial year, necessitating filing in the next fiscal year. “Of the total cash recovered, ₹50 crore remains unexplained, leading to anticipated penalties and taxes,” sources told ANI. According to sources, Sahu attributed this cash to business turnover, leaving the resolution for the upcoming return filings in July. The revision of returns is permissible to rectify errors or omissions under income tax rules. The businessman-turned-politician has argued that some of the cash recovered related to business conducted during the current financial year, for which returns are to be filed only in the next financial year. “On the remaining amount, ₹50 crore remains unexplained on which the Income Tax Department will levy penalty and tax,” sources said. “They have been unable to explain anything about the ₹50 crore from the overall cash pile and will have to pay tax and penalty. We will see the returns for when they are filed in July,” one of the sources said. Revision of returns is allowed under the income tax rules to correct mistakes or any details left out in the original tax return. The Congress MP has been in the news since December last year after the Income Tax Department seized ₹351.8 crore in cash during raids on the premises linked to Odisha-based Boudh Distillery Private Limited, promoted by his family. Earlier, the Enforcement Directorate interrogated Dhiraj Prasad Sahu for about 11 hours in connection with a money-laundering case linked to an alleged land fraud case. India rejects European FTA bloc’s ‘data exclusivity’ demand to protect generic drug firms’ interest Commerce Secretary Sunil Barthwal said there is no Free Trade Agreement (FTA) in which India will go against the generic drug industry. The European Free Trade Association (EFTA) members are Iceland, Liechtenstein, Norway, and Switzerland. The bloc is negotiating a trade agreement with India. “They want that there should be data exclusivity, we rejected their demand. We are with our generic industry.” “There is no fear for Indian generic industry (from this agreement). In fact, it is our very important objective to see that generic drug industry flourishes,” he told reporters in Delhi. The Secretary said the industry is contributing significantly to India’s exports, which are also growing. “So we are there to protect the interest of the industry,” he added. Data exclusivity provides protection to the technical data generated by innovator companies to prove the usefulness of their products. In the pharmaceutical sector, drug companies generate data through expensive global clinical trials to prove the efficacy and safety of their new medicine. By gaining exclusive rights over this data, innovator companies can prevent their competitors from obtaining marketing licence for low-cost versions during the tenure of this exclusivity. Switzerland has some of the major pharma firms of the world and that include Novartis and Roche. Both these firms have a presence in India. India’s generic drug industry is estimated at about $25 billion and the country exports 50% of its produce. An expert said that data exclusivity is beyond the provisions of Trade Related Aspects of Intellectual Property Rights (TRIPS) agreement under the WTO (World Trade Organisation). India and EFTA have been negotiating the pact, officially dubbed as Trade and Economic Partnership Agreement (TEPA), since January 2008 to boost economic ties. The 21st round of TEPA negotiations was held in New Delhi in January. The negotiations were held on various chapters, including trade in goods, rules of origin, trade and sustainable development, intellectual property rights, and trade facilitation. According to the commerce ministry, the talks at present are at an advanced stage. EFTA has 29 FTAs with 40 partner countries, including Canada, Chile, China, Mexico, and Korea. Under free trade pacts, two trading partners significantly reduce or eliminate customs duties on the maximum number of goods traded between them, besides easing norms to promote trade in services and investments. EFTA countries are not part of the European Union (EU). It is an inter-governmental organisation for the promotion and intensification of free trade. In briefPM Modi holds talks with Qatari Emir Tamim bin Hamad Al Thani Prime Minister Narendra Modi on Thursday held talks with Qatari Emir Sheikh Tamim bin Hamad Al-Thani with a focus on shoring up bilateral ties, days after Qatar freed eight former Indian Navy personnel who were sentenced to death after being arrested in August 2022. Shortly after his arrival, Modi met Qatari Prime Minister Sheikh Mohammed bin Abdulrahman Al Thani, who is Qatar’s Foreign Minister as well. “The two leaders exchanged views on expanding bilateral cooperation in sectors such as trade, investment, energy, finance, and technology,” the Ministry of External Affairs (MEA) said. Ajit Pawar’s faction is the real NCP: Maharashtra Speaker In another setback to the Sharad Pawar faction, Maharashtra Assembly Speaker Rahul Narwekar ruled on February 15 that the Nationalist Congress Party (NCP) faction-led by Deputy Chief Minister Ajit Pawar was the ‘real’ political party when two factions emerged in July 2023. He said that the decision was based on the factor of legislative majority. Narwekar said that Ajit Pawar’s faction had outnumbered his uncle’s faction before joining the ruling alliance. He also rejected the disqualification petitions of the MLAs filed by both the factions of the NCP, including Ajit Pawar. “All the petitions seeking disqualification of MLAs are rejected. The MLAs cannot be disqualified as they did not amount to voluntarily giving up the membership of the political party,” Narwekar said. Evening Wrap will return tomorrow. [logo] The Evening Wrap 15 February 2024 [The Hindu logo] Welcome to the Evening Wrap newsletter, your guide to the day’s biggest stories with concise analysis from The Hindu. [[Arrow]Open in browser]( [[Mail icon]More newsletters]( Supreme Court declares electoral bonds scheme unconstitutional The [Supreme Court on February 15 struck down the electoral bonds scheme]( which provides blanket anonymity to financial contributions to political parties, and amendments made to the law allowing rich corporations to make unlimited political donations “unconstitutional and manifestly arbitrary”. A five-judge Bench headed by Chief Justice of India D. Y. Chandrachud, in a unanimous judgment, held that [the electoral bonds scheme]( and preceding amendments made to the Representation of People Act, Companies Act and the Income Tax Act violate the voters’ right to information about political funding under Article 19(1)(a) of the Constitution. The apex court ordered the State of Bank of India, to stop issuance of electoral bonds herewith. The bank was directed to submit details of bonds purchased from April 12, 2019 till date to the Election Commission of India (ECI). On April 12, 2019 the top court had ordered the ECI to submit, in a sealed cover, the records of bonds purchased till then. The “details” would include date of purchase of each bond, the name of the buyer and the denomination of the bond. The bank would make a full disclosure to the ECI of political parties which had received contributions and encashed the electoral bonds from April 12, 2019. The bank would furnish the information to the ECI by March 6, 2024. The poll body, in turn, has to publish the entire information given by the State Bank of India on its website by March 13, 2024. Electoral bonds, with a validity period of 15 days and yet to be encashed, would be returned by political parties or purchasers to the bank, which must refund the amount to the purchasers’ accounts. The lead opinion authored by Chief Justice Chandrachud said the absolute non-disclosure of the source of political funding through electoral bonds promoted corruption and a culture of quid pro quo with the ruling party to introduce a policy change or for bagging a licence. The scheme and the amendments authorised “unrestrained influence of corporates in the electoral process”. The scheme allowed the inflow of “huge contributions” by companies and multinational corporations with major business stakes in the country, overawing or even concealing the relatively small financial contributions of the ordinary Indian -- the student, the daily wage worker, the artist or a teacher -- who believes in the ideologies of a political party without expecting any substantial favours in return. “Would we remain a democracy if the elected do not heed to hue and cry of the needy? We ask ourselves whether the elected would truly be responsive to the electorate if companies which bring with them huge finances and engage in quid pro quo arrangements with parties are permitted to contribute unlimited amounts,” Chief Justice Chandrachud noted. He said the scheme and the amendments promoted “economic inequality” by giving corporations with money power an unsurpassable advantage over citizens in electoral process and political engagement. “This is violative of the principle of free and fair elections and political equality captured in a value of ‘one person, one vote’,” Chief Justice Chandrachud observed. The judgment belled the cat on the deep nexus between money and politics. It said “contributions made by companies are purely business transactions made with the intent of securing benefits in return”. The court dismissed the argument of the government that anonymity of political donors afforded by electoral bonds incentivised financial contributions through banking channels. The court agreed that the fundamental right to privacy extended to a person’s political affiliation. However, it said, there should be a balance between informational privacy and the voters’ right to information. Chief Justice Chandrachud drew a clear distinction between donations by corporates for favours and contributions by individuals as a mark of their political beliefs. “Not all contributions are made to alter public policy. Contributions are also made by people to political parties which are not substantially represented purely with the intent of extending support… Contributions made for quid pro quo are not an expression of support,” the Chief Justice distinguished. The court rubbished the government’s claim that the scheme was meant to curb the injection of black money into the electoral process. It said “curbing of black money” was not a reasonable restriction under Article 19(2) of the Constitution to the exercise of the voters’ fundamental right to information about political funding enshrined in Article 19(1)(a). Chief Justice Chandrachud asked the Centre how the “absolute” non-disclosure of the sources of political funding introduced in the electoral bonds scheme had a rational nexus with curbing black or unregulated money. “Clause 7(4) of the scheme completely exempts information on the purchasers of electoral bonds. This information is never disclosed to the voters. The purpose of securing information about political funding cannot be fulfilled by absolute disclosure,” the Chief Justice pointed out. Applying the “double proportionality standards”, the court said the clause was unconstitutional as it did not balance the conflicting right to information of voters and informational privacy of the contributors to their political affiliations. The judgment said the entire electoral bonds scheme had hinged on the anonymity provided under Clause 7(4). Without the clause, the scheme was not indistinguishable from other modes of financial contributions like cheques, direct debit or electronic transfers. Sans the clause, the scheme had to fall. Hemant Soren remanded to 14-day judicial custody in land scam case Former Chief Minister of Jharkhand, [Hemant Soren, was sent to the Birsa Munda Central Jail on Thursday after his 13-day custody of the Enforcement Directorate]( (ED) ended in the alleged land scam case. He will be lodged in judicial custody for 14 days. Earlier in the day, Soren was produced in the Special PMLA (Prevention of Money Laundering Act) court after the remand period was over. Soren was arrested by the ED on January 31 in connection with allegedly forging the land documents of 8.5 acres in the Badgai area of Ranchi between 2020 and 2022. After his arrest, the Central agency had taken Soren on remand from the special court thrice for questioning. After leaving the court, Soren was sent to the jail located at Hotwar in Ranchi under tight security. He has been kept in cell number one upper division, which is mainly used for VIP prisoners. A staff has also been provided to him in the cell. Demanding justice for Soren, hundreds of Jharkhand Mukti Morcha (JMM) workers gathered at Morahabadi ground under Bapu Tower and staged a silent protest led by JMM Rajya Sabha member Mahua Manjhi. The party has also decided to take out a Nyay Yatra to free Soren from the jail. “We have chosen a non-violence way to lodge a protest against the BJP and to extend support to our leader Hemant Soren ji. The BJP is harassing all popular leaders of the opposition parties who are not with them. The Central agencies should work without any partiality. Those who have joined the BJP are safe. The ED, CBI and Income Tax are no more troubling those leaders,” Manjhi said. She said action against Soren had been taken keeping the Lok Sabha election in mind. Jharkhand Rashtriya Janata Dal (RJD) State general secretary Manoj Kumar Pandey said that as being the part of the government, the party had decided to launch Statewide protests to seek justice for Soren. ED summons Trinamool leader Mahua Moitra in FEMA case The [Enforcement Directorate has summoned TMC leader and former Lok Sabha MP Mahua Moitra for questioning in a FEMA contravention case]( next week, official sources said on February 15. The 49-year-old politician has been asked to depose on February 19 at the central agency’s office in Delhi. Her statement will be recorded under the provisions of the Foreign Exchange Management Act (FEMA) once she deposes, they said. Moitra is being probed by the CBI too and it is conducting a preliminary inquiry into the allegations against Moitra on the reference from the Lokpal. BJP MP Nishikant Dubey had accused Moitra of asking questions in the Lok Sabha to target the Adani Group and Prime Minister Narendra Modi at the behest of businessman Darshan Hiranandani in exchange for gifts. He had also accused Moitra of compromising national security for monetary gains. In December, Moitra was expelled from the Lok Sabha over the issue. Moitra has denied any wrongdoing and claimed she was being targeted as she had raised questions on the deals of the Adani Group. Bangladesh Nobel winner Yunus says his firms ‘forcefully’ taken over Bangladesh Nobel peace laureate [Muhammad Yunus said on February 15 several of his firms were “forcefully” taken over]( weeks after his conviction in a criminal case his supporters say was politically motivated. Yunus, 83, is credited with lifting millions out of poverty with his pioneering microfinance bank but has earned the enmity of long-time Prime Minister Sheikh Hasina, who has accused him of “sucking blood” from the poor. He told a press conference that on February 12, a group of “outsiders” had come to a building housing several of his companies, taking over offices and locking out staff. “Some people came and took control forcefully,” he said, without giving further details on those involved. “We’re in deep trouble. It’s a big disaster,” he added. “They are trying to run the companies according to their rules.” Yunus said police refused to register a criminal case regarding the apparent takeover. “They find no problems” with the occupation, he said. Earlier on February 15, dozens of people who told employees they were supporters of the ruling Awami League stood at the gates of the building to refuse entry to staff. “They did not allow us to enter the building,” Mainul Hasan, a general manager of one of the Yunus-chaired firms, told AFP. Some of those who entered the building told those present that they were the new directors of several of the firms, existing employees said. Last month, Yunus and three colleagues from Grameen Telecom, one of the firms he founded, were sentenced to jail for six months after they were found guilty of violating labour laws. All four deny the charges, which supporters and rights groups said were politically motivated, and have been bailed pending appeal. Yunus is facing more than 100 other charges over labour law violations and alleged graft. Last year, around 160 global figures, including former U.S. president Barack Obama and ex-U.N. Secretary-General Ban Ki-moon, published a joint letter denouncing “continuous judicial harassment” of Yunus. The signatories, including more than 100 of his fellow Nobel laureates, said they feared for “his safety and freedom”. Critics accuse Bangladeshi courts of rubber-stamping decisions made by Hasina’s Government, which won re-election last month in a vote without genuine Opposition parties. Her administration has been increasingly firm in its crackdown on political dissent, and Yunus’s popularity among the Bangladeshi public has for years earmarked him as a potential rival. Congress MP Dhiraj Sahu revises income tax returns; settles taxes on ₹150 crore with ₹50 crore remaining unexplained [“Congress Rajya Sabha member Dhiraj Sahu, who was in the news following a ₹350 crore cash recovery from his premises, has revised his income tax returns and paid taxes for ₹150 crore,” according to sources.]( He contended that a portion of the recovered cash pertained to business transactions in the current financial year, necessitating filing in the next fiscal year. “Of the total cash recovered, ₹50 crore remains unexplained, leading to anticipated penalties and taxes,” sources told ANI. According to sources, Sahu attributed this cash to business turnover, leaving the resolution for the upcoming return filings in July. The revision of returns is permissible to rectify errors or omissions under income tax rules. The businessman-turned-politician has argued that some of the cash recovered related to business conducted during the current financial year, for which returns are to be filed only in the next financial year. “On the remaining amount, ₹50 crore remains unexplained on which the Income Tax Department will levy penalty and tax,” sources said. “They have been unable to explain anything about the ₹50 crore from the overall cash pile and will have to pay tax and penalty. We will see the returns for when they are filed in July,” one of the sources said. Revision of returns is allowed under the income tax rules to correct mistakes or any details left out in the original tax return. The Congress MP has been in the news since December last year after the Income Tax Department seized ₹351.8 crore in cash during raids on the premises linked to Odisha-based Boudh Distillery Private Limited, promoted by his family. Earlier, the Enforcement Directorate interrogated Dhiraj Prasad Sahu for about 11 hours in connection with a money-laundering case linked to an alleged land fraud case. India rejects European FTA bloc’s ‘data exclusivity’ demand to protect generic drug firms’ interest [Commerce Secretary Sunil Barthwal said there is no Free Trade Agreement (FTA) in which India will go against the generic drug industry.]( The European Free Trade Association (EFTA) members are Iceland, Liechtenstein, Norway, and Switzerland. The bloc is negotiating a trade agreement with India. “They want that there should be data exclusivity, we rejected their demand. We are with our generic industry.” “There is no fear for Indian generic industry (from this agreement). In fact, it is our very important objective to see that generic drug industry flourishes,” he told reporters in Delhi. The Secretary said the industry is contributing significantly to India’s exports, which are also growing. “So we are there to protect the interest of the industry,” he added. Data exclusivity provides protection to the technical data generated by innovator companies to prove the usefulness of their products. In the pharmaceutical sector, drug companies generate data through expensive global clinical trials to prove the efficacy and safety of their new medicine. By gaining exclusive rights over this data, innovator companies can prevent their competitors from obtaining marketing licence for low-cost versions during the tenure of this exclusivity. Switzerland has some of the major pharma firms of the world and that include Novartis and Roche. Both these firms have a presence in India. India’s generic drug industry is estimated at about $25 billion and the country exports 50% of its produce. An expert said that data exclusivity is beyond the provisions of Trade Related Aspects of Intellectual Property Rights (TRIPS) agreement under the WTO (World Trade Organisation). India and EFTA have been negotiating the pact, officially dubbed as Trade and Economic Partnership Agreement (TEPA), since January 2008 to boost economic ties. The 21st round of TEPA negotiations was held in New Delhi in January. The negotiations were held on various chapters, including trade in goods, rules of origin, trade and sustainable development, intellectual property rights, and trade facilitation. According to the commerce ministry, the talks at present are at an advanced stage. EFTA has 29 FTAs with 40 partner countries, including Canada, Chile, China, Mexico, and Korea. Under free trade pacts, two trading partners significantly reduce or eliminate customs duties on the maximum number of goods traded between them, besides easing norms to promote trade in services and investments. EFTA countries are not part of the European Union (EU). It is an inter-governmental organisation for the promotion and intensification of free trade. In brief PM Modi holds talks with Qatari Emir Tamim bin Hamad Al Thani [Prime Minister Narendra Modi on Thursday held talks with Qatari Emir Sheikh Tamim bin Hamad Al-Thani]( with a focus on shoring up bilateral ties, days after Qatar freed eight former Indian Navy personnel who were sentenced to death after being arrested in August 2022. Shortly after his arrival, Modi met Qatari Prime Minister Sheikh Mohammed bin Abdulrahman Al Thani, who is Qatar’s Foreign Minister as well. “The two leaders exchanged views on expanding bilateral cooperation in sectors such as trade, investment, energy, finance, and technology,” the Ministry of External Affairs (MEA) said. Ajit Pawar’s faction is the real NCP: Maharashtra Speaker In another setback to the Sharad Pawar faction, [Maharashtra Assembly Speaker Rahul Narwekar ruled on February 15 that the Nationalist Congress Party (NCP) faction-led by Deputy Chief Minister Ajit Pawar was the ‘real’ political party]( when two factions emerged in July 2023. He said that the decision was based on the factor of legislative majority. Narwekar said that Ajit Pawar’s faction had outnumbered his uncle’s faction before joining the ruling alliance. He also rejected the disqualification petitions of the MLAs filed by both the factions of the NCP, including Ajit Pawar. “All the petitions seeking disqualification of MLAs are rejected. The MLAs cannot be disqualified as they did not amount to voluntarily giving up the membership of the political party,” Narwekar said. Evening Wrap will return tomorrow. [Sign up for free]( Today’s Top Picks [[Scores of migratory birds die of suspected fertilizer poisoning in Pulicat] Scores of migratory birds die of suspected fertilizer poisoning in Pulicat]( [[Watch | Controversial actions: T.N. Governor and Speaker] Watch | Controversial actions: T.N. 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