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  • Back in news: Article 142 of the Constitution

    Central Idea

    • The Supreme Court has used its extraordinary constitutional power under Article 142 to do complete justice for a 50-year-old man who fought for nearly three decades against the postal department’s refusal to give him a job despite his name figuring high on the merit list.

    What is Article 142?

    Article 142 titled ‘Enforcement of decrees and orders of the Supreme Court and orders as to discovery, etc.’ has two clauses:

    [1] Article 142(1)

    • The Supreme Court in the exercise of its jurisdiction may pass such decree or make such order as is necessary for doing complete justice in any cause or matter pending before it.
    • Any decree so passed or order so made shall be enforceable throughout the territory of India.
    • It may be in such manner as may be prescribed by or under any law made by Parliament and, until provision in that behalf is so made, in such manner as the President may by order prescribe.

    [2] Article 142(2)

    • The Supreme Court shall have all and every power to make any order for the purpose of securing the attendance of any person, the discovery or production of any documents, or the investigation or punishment of any contempt of itself.

    Important instances when Article 142 was invoked

    • Bhopal Gas tragedy case: The SC awarded a compensation of $470 million to the victims and held that “prohibitions or limitations or provisions contained in ordinary laws cannot, ipso facto, act as prohibitions or limitations on the constitutional powers under Article 142.”
    • Babri Masjid demolition case: The Supreme Court ordered framing of a scheme by the Centre for formation of trust to construct Ram Mandir at the Masjid demolition site in Ayodhya.
    • Liquor sale ban case: The Supreme Court banned liquor shops within a distance of 500 metres from National as well as State highways in order to prevent drunken driving.
    • Ex-PM Assassin case: In the case of Perarivalan, the Supreme Court invoked Article 142(1) under which it was empowered to pass any order necessary to do complete justice in any matter pending before it.

    Try this PYQ from CSP 2019:

    Q.With reference to the Constitution of India, prohibitions or limitations or provisions contained in ordinary laws cannot act as prohibitions or limitations on the constitutional powers under Article 142. It could mean which one of the following?

    (a) The decisions taken by the Election Commission of India while discharging its duties cannot be challenged in any court of law.

    (b) The Supreme Court of India is not constrained in the exercise of its powers by laws made by the Parliament.

    (c) In the event of grave financial crisis in the country, the President of India can declare Financial Emergency without the counsel from the Cabinet.

    (d) State Legislatures cannot make laws on certain matters without the concurrence of Union Legislature.

    [wpdiscuz-feedback id=”qhatf1pn71″ question=”Please leave a feedback on this” opened=”1″]Post your answers here.[/wpdiscuz-feedback]

  • Article 142 of Indian Constitution

    Central idea:  Supreme Court has ruled that it can dissolve a marriage on the ground of irretrievable breakdown, using its power under Article 142(1), without referring the parties to family court for waiting period of 6-18 months for mutual consent divorce.

    What is Article 142?

    Article 142 titled ‘Enforcement of decrees and orders of the Supreme Court and orders as to discovery, etc.’ has two clauses:

    [1] Article 142(1)

    • The Supreme Court in the exercise of its jurisdiction may pass such decree or make such order as is necessary for doing complete justice in any cause or matter pending before it.
    • Any decree so passed or order so made shall be enforceable throughout the territory of India.
    • It may be in such manner as may be prescribed by or under any law made by Parliament and, until provision in that behalf is so made, in such manner as the President may by order prescribe.

    [2] Article 142(2)

    • The Supreme Court shall have all and every power to make any order for the purpose of securing the attendance of any person, the discovery or production of any documents, or the investigation or punishment of any contempt of itself.

    History of Article 142

    • When a draft Constitution was prepared by the drafting committee and placed before the Constituent Assembly, Article 142 was actually numbered as Article 118.
    • It was placed before the Constituent Assembly on May 27, 1949 for debate but got adopted on the same day without any debate.
    • This was possibly because everyone agreed that in order to ensure judicial independence, the highest court of the country must be empowered with plenary power to do complete justice.

    Article 142 in Divorce Cases

    (1) Current Divorce Process

    • The Hindu Marriage Act allows for “divorce by mutual consent.”
    • Both parties must file a petition to the district court, citing that they have been living separately for at least one year and mutually agree to dissolve the marriage.
    • The parties must then move a second motion before the court, no earlier than six months after filing the first petition and no later than 18 months after the same date.

    (2) Factors considered for irretrievable breakdown

    The Court must be convinced that the marriage is “totally unworkable, emotionally dead, and beyond salvation.” The following factors can be considered:

    1. The period of time that the parties had cohabited after marriage
    2. When the parties had last cohabited
    3. Nature of allegations made by the parties against each other and their family members
    4. Orders passed in the legal proceedings from time to time
    5. Cumulative impact on the personal relationship
    6. Whether and how many attempts were made to settle the disputes by a court or through mediation, and when the last attempt was made.
    7. The period of separation should be sufficiently long, and anything above six years or more will be a relevant factor.
    8. It is necessary to evaluate the factors according to the economic and social status of the parties, including their educational qualifications, whether they have any children, their age, and whether the spouse and children are dependents.

    Try this PYQ from CSP 2019:

    Q.With reference to the Constitution of India, prohibitions or limitations or provisions contained in ordinary laws cannot act as prohibitions or limitations on the constitutional powers under Article 142. It could mean which one of the following?

    1. The decisions taken by the Election Commission of India while discharging its duties cannot be challenged in any court of law.
    2. The Supreme Court of India is not constrained in the exercise of its powers by laws made by the Parliament.
    3. In the event of grave financial crisis in the country, the President of India can declare Financial Emergency without the counsel from the Cabinet.
    4. State Legislatures cannot make laws on certain matters without the concurrence of Union Legislature.

     

    [wpdiscuz-feedback id=”kj1si5az7m” question=”Please leave a feedback on this” opened=”1″]Post your answers here.[/wpdiscuz-feedback]

     

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  • How are Symbols allotted to Political Parties in India?

    symbols

    Central Idea

    • A recent Supreme Court decision declining a plea by a political party in Telangana, questioning the allocation of election symbols, has thrown the spotlight on the intriguing world of political symbols in India.
    • This article delves into the process of symbol allocation and its role in shaping the country’s political landscape.

    Symbols Allocation Authority: ECI

    • The ECI is responsible for allocating symbols to political parties, following guidelines laid out in The Election Symbols (Reservation and Allotment) Order, 1968.
    • This order aims to regulate symbol specification, reservation, choice, and allotment during elections.

    Types of Election Symbols

    • Reserved and Free Symbols: Symbols can be either reserved, exclusively assigned to recognized political parties, or ‘free’ symbols that can be chosen by unrecognised registered parties’ candidates. Unrecognized parties are those that haven’t met the criteria for state party recognition.
    • Exclusive Symbols: Recognized national and state parties are granted exclusive symbols, signifying their established status.

    Symbol Selection by Parties

    • Preference Lists: Unrecognized parties provide a list of ten preferred symbols from the free symbol pool.
    • Proposal of New Symbols: Parties can propose up to three new symbols for consideration, provided they do not resemble reserved or free symbols, carry religious or communal connotations, or depict birds or animals.
    • Common Symbol Assignment: The ECI may allot a proposed symbol as a common symbol for the party if it deems it suitable.

    Historical Origins of Symbols

    • Sketching Process: Symbols were initially sketched by MS Sethi, who retired from the ECI in 1992. These symbols were conceived through brainstorming sessions where the goal was to identify objects that the common man could relate to.
    • Birth of Familiar Symbols: Many iconic symbols such as the bicycle, elephant, and broom originated from these sessions.
    • Unconventional Entries: Some lesser-known symbols like a pair of glasses, a nail cutter, and a neck-tie were also suggested, reflecting the diversity of ideas.
    • Modern Additions: Over time, new symbols like a bowl of noodles and a mobile charger have been included in the symbol list, reflecting contemporary times.

    Political Parties’ Say

    • Preference Submission: Unregistered parties submit their symbol preferences from the list of free symbols.
    • Proposal of New Symbols: Parties can suggest up to three new symbols with clear designs and drawings.
    • Criteria for Approval: Proposed symbols must not resemble existing reserved or free symbols, possess religious or communal connotations, or depict birds or animals.

    Symbol Allocation in Split Parties

    • Decision by ECI: When recognized political parties split, the ECI determines the symbol assignment. For example, the Congress party’s symbol evolved from a pair of bulls to the current hand symbol due to splits.
    • Recent Example: The ECI assigned different symbols to factions of the Shiv Sena, allowing one faction to retain the bow and arrow symbol while allotting a flaming torch to the other.

    Conclusion

    • The allocation of election symbols in India is a meticulous process governed by the ECI’s guidelines.
    • These symbols hold profound significance in political campaigns, representing parties’ identities and ideologies.
    • Understanding the history and intricacies of symbol allocation provides valuable insights into India’s dynamic political landscape.

  • Visa Shopping in India: Legal Implications and Opportunities

    Visa Shopping

    Central Idea

    • The practice of ‘visa shopping’ is on the rise across various Indian states, most notably in Punjab, where travel agencies facilitate this process.

    Understanding Visa Shopping

    • Definition: ‘Visa shopping’ entails obtaining visas for countries one may or may not intend to visit during the visa’s validity period.
    • Purpose: Individuals opt for this practice to secure access to their preferred countries, especially in Europe, even if they possess visas for other European nations.
    • Planning for the Future: Some acquire visas for countries they do not plan to visit immediately, strategically increasing their chances of obtaining visas for their desired destinations later, given the lengthy and uncertain visa application processes.

    Exploiting the Schengen System

    • Schengen Visa: This visa exemplifies ‘visa shopping’ as it offers a unique opportunity to explore multiple European countries without the need for separate visas.
    • Schengen Agreement: Established in 1985, the Schengen system allows free movement between member countries, comprising over 24 nations, sans border controls.
    • Single Visa, Multiple Countries: Obtaining a Schengen Visa from one of its member countries, such as Germany, France, or Italy, grants entry into the entire Schengen region.

    Case Scenarios

    • Easier Application Process: Many applicants prefer to secure a Schengen Visa from a country with a more straightforward application process.
    • Success Stories: Instances include individuals who, after facing rejection for a Spanish or German visa, obtained visas for other Schengen nations, enabling them to reach their intended destinations.

    Visa Shopping and Legal Issues

    • Compliance with Norms: The practice is legal as long as travellers adhere to visa process norms and obtain legitimate permission to stay in the country.
    • Intent Matters: Legal complications arise when individuals seek visas for one country but actually intend to stay in another or use it merely as an entry point.
    • Estonian Embassy’s Caution: The Embassy of Estonia in New Delhi cautioned against visa shopping, emphasizing that travellers must apply for a visa from the country where they plan the maximum stay.

    Consequences of Suspected Visa Shopping

    • Thorough Scrutiny: Embassies now conduct comprehensive checks of travel plans to detect visa shopping.
    • Potential Consequences: Suspected individuals may face visa refusal, being offloaded from flights, or deportation from EU borders.
    • Official Suspicion: Repeated engagement in visa shopping can arouse suspicion among immigration officials, leading to potential problems during travel.

  • Explained: Vienna Convention on Diplomatic Relations

    vienna convention

    Central Idea

    • The India-Canada crisis took a fresh turn as 41 diplomats were withdrawn from the country.
    • India insisted that its actions are consistent with the tenets set forth in Article 11.1 of the Vienna Convention on Diplomatic Relations.

    What is the Vienna Convention?

    • The Vienna Convention on Diplomatic Relations is an international treaty signed by 61 countries in 1961.
    • It puts forth a framework for diplomatic interactions between independent nations and aims to ensure the ‘development of friendly relations among nations’.
    • At present 193 countries are party to the document including India.

    Key Features

    Explanation
    Diplomatic Immunity (Articles 29 to 36)
    • Diplomats and their families are granted immunity from the jurisdiction of the host country’s legal system for their official actions.
    • Extends to criminal and civil matters and ensures that diplomats cannot be prosecuted or sued in the host country’s courts.
    Inviolability of Diplomatic Premises (Articles 22 to 27)
    • Diplomatic premises, such as embassies and consulates, are considered inviolable.
    • They cannot be entered or searched by the host country’s authorities without the permission of the sending state.
    Non-Interference (Article 41)
    • Diplomatic agents are expected not to interfere in the internal affairs of the host country.
    • This principle promotes peaceful coexistence and respectful relations between states.
    Protection of Diplomatic Missions (Articles 22 to 27)
    • Host country is responsible for ensuring the security and protection of diplomatic missions and their staff.
    • Includes safeguarding the physical premises and preventing any intrusion or damage.
    Termination of Diplomatic Relations (Articles 45 to 50)
    • Outlines procedures for the termination of diplomatic relations between states.
    • Includes orderly withdrawal of diplomatic personnel and the closure of diplomatic missions.

    What is Article 11.1 about?

    • It deals with the size of international missions within other countries.
    • In the absence of a specific agreement as to the size of the mission, the receiving State may require that the size of a mission be kept within limits considered to be reasonable and normal.

  • How MPs ask Questions in Lok Sabha?

    Central Idea

    • A Parliamentarian is being questioned by the Central Bureau of Investigation (CBI) and the Lok Sabha Ethics Committee, in her alleged involvement in ‘cash for query’ allegations.
    • This has thrust the spotlight on the importance and procedure of asking questions in the Lok Sabha.

    Procedure for Raising Questions

    • Rules and Directions: The process of raising questions is governed by Rules 32 to 54 of the “Rules of Procedure and Conduct of Business in Lok Sabha” and Directions 10 to 18 issued by the Speaker, Lok Sabha.
    • Notice Submission: MPs initiate the process by submitting a notice addressed to the Secretary-General of the Lok Sabha, specifying the question’s text, the relevant Minister, desired answer date, and order of preference if multiple questions are tabled.
    • Limitations: MPs are allowed to submit a maximum of five notices for oral and written answers combined, per day, with any excess notices considered for the subsequent session days.
    • Notice Period: The notice period for a question is usually not less than 15 days.
    • Submission Modes: MPs can submit notices through the online ‘Member’s Portal’ using their login credentials or physical forms available in the Parliamentary Notice Office.

    Conditions for Admissibility of Questions

    • Admissibility Rules: Various rules govern the admissibility of questions, such as a limit of 150 words, prohibition of arguments or defamatory statements, avoidance of character or conduct references except in official capacity, and disallowance of policy-related queries.
    • Legal Matters: Questions concerning subjects under court consideration or those that may compromise national unity and integrity are inadmissible.

    Types of Questions

    • Starred Questions: MPs pose starred questions for oral responses from the Minister-in-charge. These questions require submission at least 15 days in advance, with a maximum of 20 listed for oral answers each day.
    • Unstarred Questions: Unstarred questions receive written replies from the Ministry and must also be submitted 15 days ahead. A daily limit of 230 unanswered questions for written answers exists.
    • Short Notice Questions: Pertaining to urgent public concerns, these questions can be asked with less than 10 days’ notice, accompanied by a valid reason.
    • Questions to Private Members: Addressed to the MP themselves, these are posed when the subject relates to bills, resolutions, or House-related matters under that MP’s responsibility.

    Importance of Raising Questions

    • Parliamentary Right: MPs have an inherent and unrestricted parliamentary right to raise questions, serving as a legislative control mechanism over executive actions.
    • Information and Critique: Questions help obtain administration and government activity details, critique government policies, expose lapses, and prompt ministers to take corrective actions.
    • Government Feedback: For the government, questions gauge public sentiment towards policies, and administration, and can lead to parliamentary commissions, inquiries, or legislative actions in response.

  • Digital Health in India

    Central idea

    • Digital health, a transformative force, can revolutionize global healthcare by improving quality, accessibility, and efficiency, with the G20 nations wielding substantial influence due to their GDP and population share.

    Digital Health

    • Digital health encompasses the use of digital technologies and data to enhance healthcare delivery and outcomes. This field includes electronic health records, mobile health applications, telemedicine, wearable health devices, health analytics, and more.
    • The goal is to make healthcare more personalized, efficient, accessible, and cost-effective by integrating technology into various aspects of patient care and health management

    Key challenges facing digital health within the G20

    • Disparities in National Digital Health Strategies: Different G20 member states have varying levels of advancement in their digital health strategies. These disparities can hinder collaboration and the development of a unified approach to digital health.
    • Data Privacy Concerns: The collection and processing of sensitive personal health information in digital health systems raise significant data privacy concerns.
    • Interoperability Issues: Interoperability, especially between electronic health record (EHR) systems, is crucial for the seamless exchange of health data. Inconsistencies in standards and infrastructure pose challenges to data sharing and healthcare coordination.
    • Coordination During Global Health Crises: The COVID-19 pandemic has highlighted the need for coordinated responses to global health crises. Uneven responses and a lack of coordination among countries and healthcare providers can impede efforts to effectively manage pandemics.

    The G20’s Approach

    • Emphasized digital health since the initiation of the Sustainable Development Goals in 2016.
    • Prioritized addressing challenges since the Argentine presidency of 2018.
    • Endeavor to design consistent e-health systems, data protection measures, and interoperability improvements.
    • Introduced the G20 Digital Health Task Force in 2020 for a tech-augmented pandemic response approach.

    Measures to Strengthen Digital Health

    • Common Minimum Framework (CMF) for Health Data Protection:
      • Map existing data protection provisions and customize for health data.
      • Review the roles of data control agencies.
      • Enhance the security and resilience of health data systems.
      • Promote awareness of health data privacy.
    • Secure Cross-Border Health Data Exchange:
      • Study successful cross-border data sharing initiatives.
      • Develop guidelines for countries to share specific health data for research.
    • Digital Public Infrastructure (DPI) for Health:
      • Extend the emphasis on DPI to health sector-specific DPIs.
      • Promote knowledge-sharing, innovation, and public-private partnerships.
    • Centers of Excellence (CoEs) in Health-Tech:
      • Establish CoEs specializing in AI and emerging tech for healthcare.
      • Ensure ethical and inclusive health-tech development.
    • Telemedicine Task Force:
      • Create a dedicated task force to promote telemedicine.
      • Identify best practices, develop ethical guidelines, and explore investment opportunities.
    • Financing Digital Health Innovations:
      • Create a US$ 150-million fund (potentially within WHO) to support global-impact digital health startups.
      • Address digital gender gap and health access for marginalized communities.
    • Joint Responses to Health Crises:
      • Establish an international health-tech-focused think tank.
      • Led by WHO, focus on tech-enabled pandemic response strategies and capacity building.
    • Digital Health Repository:
      • Create a G20 Digital Health Policy Repository (DHPR) for open-access knowledge sharing.
      • Host digital health laws, policies, and data protection regulations.

    Conclusion

    • The G20’s commitment to an interconnected digital health ecosystem is crucial. As the G20 health ministers emphasized, existing initiatives should be coordinated to maximize their impact, ensuring that digital health becomes a cornerstone of future healthcare systems.

  • Gyan Sahayak Scheme for Contractual Teachers

    Gyan Sahayak Scheme

    Central Idea

    • The Gyan Sahayak Scheme, introduced by the Gujarat state government, has stirred controversy, facing opposition from various quarters of society.

    Why discuss this?

    • The scheme seeks to address teacher vacancies in government schools through contractual appointments until regular appointments are finalized.
    • Many states in India have opted for the contractual filling of govt job vacancies ever since the regime change in 2014.

    Understanding the Gyan Sahayak Scheme

    • Interim Solution: The scheme aims to temporarily fill teaching positions in primary, secondary, and higher secondary government schools until regular appointments could be made.
    • Basis in National Education Policy (NEP) 2020: The scheme draws inspiration from the NEP 2020, which emphasizes the need for teachers with interdisciplinary skills, beyond traditional academic subjects.

    Scope of the Scheme

    • Applicability: The Gyan Sahayak Scheme is applicable to government and grant-in-aid schools, particularly Mission Schools of Excellence.
    • Vacancy Statistics: The government announced the hiring of 15,000 Gyan Sahayaks for primary schools and 11,500 for secondary and higher secondary schools.
    • Salary Structure: Gyan Sahaks receive varying monthly salaries based on their school level: Rs 21,000 for primary, Rs 24,000 for secondary, and Rs 26,000 for higher secondary.
    • Vacancy Context: Gujarat reports an estimated 32,000 teaching vacancies in government and grant-in-aid schools, primarily affecting primary and secondary schools. Some secondary schools rely on Pravasi teachers to meet staffing needs.

    Eligibility Criteria

    • Primary Gyan Sahayak: Candidates must have cleared the Gujarat Examination Board’s Teachers Eligibility Test (TET)-2.
    • Secondary and Higher Secondary Gyan Sahayak: Candidates should have cleared the Teacher Aptitude Test (TAT).
    • Age Limit: Both primary and secondary school Gyan Sahayaks must be under 40 years of age, while higher secondary school Gyan Sahayaks can be up to 42 years old.
    • Merit-Based Selection: Selection involves the preparation of a merit list based on percentile ranks from TET-2 results, followed by the allocation of Gyan Sahayak positions to School Management Committees (SMCs) through district education officers.

  • Why Special and Local Laws also need to be reformed?

    Special and Local Laws

    Central Idea

    • Recent legislative bills aimed at amending criminal laws in India have garnered significant attention for ushering in long-awaited reforms.
    • However, these reforms primarily focus on one aspect of India’s complex criminal justice system.
    • What remains often overlooked are the extensive Special and Local Laws (SLLs) that encompass some of the most critical offences and procedures.

    What are Special and Local Laws (SLLs)?

    • Cognizable crimes are categorized either under the ‘Indian Penal Code (IPC)’ or under the ‘Special and Local Laws (SLL)’.
    • The SLL identify criminal activities that the state government frames for specific issues.

    Significance of SLLs

    • Quantitative Importance: In 2021, nearly 39.9% of all cognizable offenses registered fell under SLLs, according to Crime in India Statistics.
    • Qualitative Relevance: SLLs have ignited crucial debates concerning the boundaries of the state’s power in criminalization, particularly with respect to individual rights and liberties.

    Need for Reform in SLLs

    • Diverse Substantive Issues: SLLs, like the Unlawful Activities (Prevention) Act, 1967 (UAPA) and the Maharashtra Control of Organised Crime Act, 1999 (MCOCA), suffer from ambiguous and vague definitions of offenses, raising concerns about their application to civil or regulatory wrongs.
    • Procedural Challenges: SLLs have diluted universally accepted due process values, with examples like expanded search and seizure powers under the UAPA and admissibility of police-recorded confessions under the MCOCA.
    • Bail Hurdles: Stringent provisions under SLLs, such as Section 43(D)(5) of the UAPA and Section 37 of the Narcotic Drugs and Psychotropic Substances Act, 1985, make securing bail nearly impossible.

    Shift from Complete Codification

    • IPC’s Original Vision: The Indian Penal Code (IPC), enacted in 1860, aimed to comprehensively codify all criminal laws, inspired by Jeremy Bentham’s idea of a “Pannomion”—a single, comprehensive collection of rules.
    • Changing Landscape: Over time, there has been a shift towards enacting and applying SLLs, which has deviated from the original concept of complete codification.
    • Unsuccessful Aspects: While the IPC faces criticism for its archaic morality and colonial roots, it is essential to acknowledge its success in codifying penal laws.

    Addressing the Limitation: A Second Generation of Reforms

    • Incorporating SLLs: All SLLs that criminalize or seek to criminalize specific conduct should be integrated as separate chapters within the larger penal code.
    • Procedural Integration: SLLs creating distinct procedures for reporting offenses, arrests, investigations, prosecutions, trials, evidence, and bail should be included either as separate procedures within the CrPC or as exceptions to its general provisions.

    Conclusion

    • As India increasingly relies on Special and Local Laws for various reasons, it is vital to ensure that these laws do not overshadow the original concept of codifying penal laws, as embodied in the IPC and CrPC.
    • Failing to incorporate the substantive and procedural aspects of SLLs into ongoing reform efforts represents a significant limitation.
    • Therefore, a second generation of reforms is imperative to address these gaps and maintain the integrity of India’s criminal justice system.

  • The Third Belt and Road Forum

    What’s the news?

    • The Third Belt and Road Forum for International Cooperation convened in Beijing, China (October 17–18).

    Central idea

    • The recent Third Belt and Road Forum for International Cooperation held in Beijing, China, has once again brought the Belt and Road Initiative (BRI) into the spotlight. The BRI, initiated by Chinese President Xi Jinping, has been a cornerstone of China’s foreign policy and global aspirations.

    Objectives of the Belt and Road Initiative

    • Transition to a Global Power: The BRI seeks to transform China from a regional power with global influence into a comprehensive global power. It aims to elevate China’s status on the world stage.
    • Reboot Globalization: The BRI is viewed as China’s effort to rejuvenate and reshape globalization. It intends to address perceived shortcomings in the current global order and advance a new form of global economic integration.
    • Alternative Trade Routes: China aims to develop alternative transportation and trade routes through the BRI to reduce its dependence on the Strait of Malacca, a critical trade route for China’s economy.
    • Promoting Local Currency in Trade: President Xi Jinping advocates the use of local currencies in trade to lessen reliance on the US dollar, thereby reshaping the global economic order.

    Achievements of the BRI

    • Establishment of the Asian Infrastructure Investment Bank (AIIB): China has established the AIIB with a substantial $100 billion, challenging existing lending institutions and enabling early gains from the BRI.
    • Global Branding for Xi Jinping: The BRI has provided President Xi Jinping with a platform to establish himself as a global statesman and project China’s power and influence overseas. It has been incorporated into China’s domestic political framework.
    • BRI Cooperation Pacts: Over 200 BRI cooperation pacts have been signed with more than 150 nations, demonstrating the initiative’s global reach and influence.
    • Addressing the Global Infrastructure Deficit: The BRI aims to bridge the global infrastructure deficit, including access to electricity, clean water, and broadband, with projects ranging from motorways to digital infrastructure.

    Challenges of the BRI

    • Ecological Damage: BRI projects have been criticized for causing ecological harm, including deforestation and environmental degradation.
    • Displacement of People: Some BRI projects have led to the displacement of local communities, raising social and humanitarian concerns.
    • Disputes and Labor Unrest: Disputes have arisen over issues such as payouts and labor conditions, impacting the smooth execution of BRI projects.
    • Debt Concerns: Concerns about unsustainable debt have emerged, particularly in cases like Laos, where the country owes a significant proportion of its GDP to China.
    • Unequal Benefits: In cases like the China-Pakistan Economic Corridor (CPEC), there are perceptions that the BRI disproportionately benefits China, raising questions about the initiative’s win-win cooperation tagline.

    Global Alternatives to the BRI

    • United States-Japan Initiatives: During the Trump era, the United States and Japan initiated infrastructure investment alternatives in the Indo-Pacific region as a response to the BRI.
    • Build Back Better World (B3W) Initiative: The Biden administration introduced the ‘Build Back Better World’ initiative, aiming to channel private capital into sectors like climate change, energy security, healthcare, digital technology, and gender equity as a counter to the BRI.
    • India-Middle East-Europe Corridor (IMEC): The G-20 Delhi summit proposed the India-Middle East-Europe Corridor, envisioning trade connectivity, electricity and digital infrastructure, and clean hydrogen export pipelines, offering an alternative to the BRI.

    Conclusion

    • As the BRI nears its second decade, it faces pivotal choices. Despite notable global infrastructure achievements, sustainability, fairness, and environmental issues pose challenges. Emerging global alternatives signal diverse visions for international cooperation, shaping the BRI’s future based on China’s ability to address these challenges and adapt to evolving global dynamics.