·PIB·15 marks·250–350 words

Recent amendments to the Drugs Rules, 1945 seek to shift drug quality assurance from regulator-led control to manufacturer accountability. Critically examine.

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In this answer
  1. Strengths: moving towards manufacturer accountability
  2. Limitations: accountability without independence or oversight

Under the Drugs and Cosmetics Act, 1940, drug quality has mostly been checked from outside the company. The licensing authority can hold a batch until it certifies the batch for sale [1]. Two recent changes move this responsibility inside the firm: the revised Schedule M of 2023 [2] and the 2026 draft rule requiring an authorised person for batch release [3]. The shift is real, but it is not complete.

Strengths: moving towards manufacturer accountability

  • One named person: licences now list only general technical staff. The draft makes each firm name one qualified person to release batches, supported by batch records and a Batch Release Certificate [3].
  • Quality systems, not just final testing: revised Schedule M adds a Pharmaceutical Quality System, risk management and validation. It became binding on large firms from June 2024 [2][4].
  • Global alignment: WHO GMP requires an "authorised person" to certify every batch before sale [5]. This supports India's credibility as an exporter.
  • Patient safety: after the cough-syrup episodes, a final named checkpoint adds to other curbs, such as G.S.R. 927(E), which limits cough-syrup sales to licensed pharmacies [6].

Limitations: accountability without independence or oversight

  • Conflict of interest: the firm appoints and pays the person who approves its batches. Under WHO GMP, the national regulator recognises this person [5], and WHO guidance bars staff from releasing batches they made or tested [7]. The draft says nothing on either point.
  • No duty after release: the certificate is not linked to recalls, which WHO GMP makes the authorised person's job [5].
  • Weak enforcement: CAG found 88% of Karnataka's drugs-inspector posts vacant, and 59% of drugs were used up before their test results arrived [8]. In 2026, the Parliamentary Standing Committee on Health flagged persistent vacancies among Drugs Controllers [9].
  • Burden on MSMEs: smaller firms needed a deadline extension to December 2025 just to meet Schedule M [4]. A new named post adds cost.

Overall, the amendments add manufacturer accountability on top of regulator-led control; they do not replace it. The final rule should require independence, keep a CDSCO register of authorised persons and link certificates to recalls. Inspector posts should be filled on a fixed timeline, as the Standing Committee urged [9]. With these fixes, a named signature can help deliver safe medicines, part of the right to health under Article 21, and restore India's standing as the "pharmacy of the world".

Sources

  1. 1India Code: Drugs and Cosmetics Act, 1940 and Rules, 1945the licensing authority's power to hold a batch until it certifies it for sale
  2. 2PIB: CDSCO with State Drugs Controllers conducted risk-based inspections of 400 premises including MSMEsrevised Schedule M (G.S.R. 922(E)); PQS, QRM, validation
  3. 3PIB: Draft amendment to Drugs Rules, 1945 on authorised person for batch release (Nov 2026)authorised person, batch records, Batch Release Certificate, gap in technical-staff requirement
  4. 4PIB: Conditional extension of timeline to small and medium pharmaceutical manufacturers for compliance with revised Schedule 'M'June 2024 start for large firms; December 2025 extension for smaller firms
  5. 5WHO TRS 986, Annex 2: WHO good manufacturing practices for pharmaceutical productsauthorised person recognised by the regulator, certifies each batch, responsible for recalls
  6. 6PIB: MoHFW Amends Drugs Rules, 1945; Exemption for Sale of Cough Syrups in Small Villages WithdrawnG.S.R. 927(E)
  7. 7WHO TRS 1044, Annex 3: IAEA/WHO guideline on GMP for radiopharmaceutical productsindependence of the releasing person from production and QC
  8. 8CAG: Report No. 8 of 2024, Government of Karnataka88% drugs-inspector vacancy; 59% of drugs consumed before test results
  9. 9PIB: 175th–177th Reports of the Parliamentary Standing Committee on Health & Family Welfare (2026)Drugs Controller vacancies; recommendation to fill posts on a fixed timeline

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