·The Hindu·15 marks·250–350 wordsPolity

Examine the Centre-State coordination challenges in enforcing pharmaceutical regulations in India.

In this answer
  1. Structural roots of the friction
  2. Coordination challenges in practice
  3. Consequences

Drugs and poisons fall under Entry 19 of the Concurrent List: the Centre, through CDSCO, frames rules and approves new drugs, while State Drug Control Authorities licence manufacture and sale [2]. Enforcement therefore rests on a federal handshake that remains structurally uneven.

Structural roots of the friction

  • Split mandate: rule-making and scheduling under the Drugs and Cosmetics Act, 1940 vest with the Union Health Ministry, but State Drug Authorities are the licensing authorities for marketing drugs [2].
  • Central notification, State execution: the 2026 amendment removing the Schedule K licensing exemption for oral formulations above 12% v/v ethyl alcohol in packings over 30 ml and placing them under Schedule H1 was notified centrally, yet prescription-only sale and record-keeping must be policed by state inspectors [1].

Coordination challenges in practice

  • Divergent standards: varying interpretation across state licensing authorities enables regulatory "forum shopping" by manufacturers.
  • Capacity asymmetry: the Parliamentary Standing Committee's 59th Report (2012) on CDSCO functioning flagged thin regulatory staffing and weak approval scrutiny [2]; state inspectorates are similarly stretched.
  • Delayed transmission: every central Schedule change requires fresh state circulars, inspector training and market surveys before it bites.
  • Overlapping jurisdictions: alcohol being a State excise subject, high-alcohol medicinal preparations straddle drug-control and excise machinery.
  • Information asymmetry: misuse of alcohol-based tinctures surfaced only through references from certain State Governments to the Centre — reactive, not systemic, feedback [1].

Consequences

  • Uneven consumer protection and persistence of spurious and substandard drugs, the very concern the Mashelkar Committee (2003) examined while recommending a stronger regulatory system [3].

The way forward lies in cooperative rather than parallel regulation: activating the Drugs Consultative Committee as a genuine harmonisation forum [4], a unified online licensing and traceability platform, joint Centre-State inspections, and central assistance to upgrade state drug laboratories. Aligning regulatory capacity with SDG-3's medicine-safety goal would convert a divided mandate into shared stewardship of public health.

Sources

  1. 1Government amends Drugs Rules, 1945 to Strengthen Regulation of High Alcohol-Containing Drug Formulations — PIB, Ministry of Health and Family WelfareSchedule K exemption withdrawn, 12% v/v / 30 ml threshold, shift to Schedule H1, State Government references on misuse
  2. 2Lapses in the process of drug approval in India — PRS Legislative ResearchState Drug Authorities as licensing authorities; 59th Standing Committee Report (2012) on CDSCO functioning
  3. 3Spurious Drugs — Central Drugs Standard Control OrganisationMashelkar Committee (2003) on strengthening the drug regulatory system
  4. 4Drugs Consultative Committee (DCC) minutes — CDSCOstatutory Centre-State consultative forum on uniform drug administration
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