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GS Paper: GS2

  • EU’s Artificial Intelligence (AI) Act

    eu ai

    Central idea: The European Parliament has recently reached a preliminary deal on a new draft of the European Union’s Artificial Intelligence Act, after two years of drafting and negotiations.

    Regulating AI

    • The need for regulation of AI technologies has been highlighted worldwide.
    • EU lawmakers have urged world leaders to hold a summit to brainstorm ways to control the development of advanced AI systems.

    EU’s Artificial Intelligence Act

    • The aim of the AI Act is to bring transparency, trust, and accountability to AI technologies and to mitigate risks to the safety, health, fundamental rights, and democratic values of the EU.
    • The legislation seeks to address ethical questions and implementation challenges in various sectors, from healthcare and education to finance and energy.
    • It seeks to strike a balance between promoting the uptake of AI while mitigating or preventing harms associated with certain uses of the technology.
    • It aims to strengthen Europe’s position as a global hub of excellence in AI from the lab to the market and ensure that AI in Europe respects the 27-country bloc’s values and rules.
    • The Act delegates the process of standardization or creation of precise technical requirements for AI technologies to the EU’s expert standard-setting bodies in specific sectors.

    Details of the Act

    • Defining AI: AI is broadly defined as “software that is developed with one or more of the techniques that can, for a given set of human-defined objectives, generate outputs such as content, predictions, recommendations, or decisions influencing the environments they interact with.”
    • Four risk-category: The Act outlines four risk categories:
    1. Unacceptable: The use of technologies in the unacceptable risk category is prohibited with little exception, including real-time facial and biometric identification systems in public spaces, China-like systems of social scoring, subliminal techniques to distort behavior, and technologies that exploit vulnerabilities of certain populations.
    2. High: The focus is on AI in the high-risk category, prescribing pre-and post-market requirements for developers and users of such systems and establishing an EU-wide database of high-risk AI systems. The requirements for conformity assessments for high-risk AI systems must be met before they can make it to the market.
    3. Limited and minimal: AI systems in the limited and minimal risk category can be used with a few requirements like transparency obligations.

    Recent proposal on General Purpose AI

    • Recent updates to EU rules to regulate generative AI, including language model-based chatbots like OpenAI’s ChatGPT, are discussed.
    • Lawmakers are debating whether all forms of general-purpose AI will be designated high-risk.
    • Companies deploying generative AI tools are required to disclose any copyrighted material used to develop their systems.

    Reaction from the AI Industry

    • Some industry players have welcomed the legislation, while others have expressed concerns about the potential impact on innovation and competitiveness.
    • Companies are worried about transparency requirements, fearing that they may have to divulge trade secrets.
    • Lawmakers and consumer groups have criticized the legislation for not fully addressing the risks associated with AI systems.

    Global governance of AI

    • The US currently lacks comprehensive AI regulation and has taken a hands-off approach.
    • The Biden administration released a Blueprint for an AI Bill of Rights (AIBoR) that outlines the harms of AI and five principles for mitigating them.
    • China has come out with some of the world’s first nationally binding regulations targeting specific types of algorithms and AI.
    • China enacted a law to regulate recommendation algorithms, with a focus on how they disseminate information.
    • While India is still stuck with the Personal Data Protection Bill.

     

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  • India drops 11 places to rank 161 in World Press Freedom Index

    Central Idea: India’s ranking in the 2023 World Press Freedom Index has slipped to 161 out of 180 countries, according to the latest report released by global media watchdog Reporters Without Borders (RSF).

    What is Press Freedom Index?

    • The PFI is an annual ranking of countries compiled and published by Reporters without Borders since 2002.
    • It is based upon the organisation’s own assessment of the countries’ press freedom records in the previous year.
    • It defines press freedom as “the ability of journalists as individuals and collectives to select, produce, and disseminate news in the public interest independent of political, economic, legal, and social interference and in the absence of threats to their physical and mental safety.”
    • It intends to reflect the degree of freedom that journalists, news organisations, and netizens have in each country, and the efforts made by authorities to respect this freedom.
    • It does not measure the quality of journalism in the countries it assesses, nor does it look at human rights violations in general.

     Irony of the rankings

    • In 2022, India was ranked at 150.
    • Pakistan has fared better when it comes to media freedom as it was placed at 150, an improvement from last year’s 157th rank.
    • Afghanistan was ranked 152nd. This raises some questions about the methodology of the index.

    Global scenario

    • Sri Lanka also made significant improvement on the index, ranking 135th this year as against 146th in 2022
    • Norway, Ireland and Denmark occupied the top three positions in press freedom, while Vietnam, China and North Korea constituted the bottom three.

    Back2Basics: Freedom of Press and Constitutional Provisions

    • The Supreme Court in Romesh Thappar v. the State of Madras, 1950 observed that freedom of the press lay at the foundation of all democratic organisations.
    • It is guaranteed under the freedom of speech and expression under Article 19, which deals with ‘Protection of certain rights regarding freedom of speech, etc.
    • Freedom of the press is not expressly protected by the Indian legal system but it is impliedly protected under article 19(1) (a) of the constitution.
    • The freedom of the press is also not absolute.

    Reasonable restrictions

    • A law could impose only those restrictions on the exercise of this right, it faces certain restrictions under Article 19(2), which are as follows:
    1. Sovereignty and integrity of India
    2. Security of the State,
    3. Friendly relations with foreign States
    4. Public order, decency or morality
    5. Contempt of court
    6. Defamation
    7. Incitement to an offence

     

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  • Contributory Guaranteed Pension Scheme (CGPS): A Considerable Alternative

    Scheme

    Central Idea

    • The debate on pensions is heating up as several state governments announce their reversion to the old pension scheme (OPS). However, economists have frowned upon this move, citing two major reasons. Firstly, since the state has to bear the full burden of pensions, it may become fiscally unsustainable in the long run. Secondly, an unsustainable rise in pension allocation in the budget can come at the cost of other welfare expenditures allocated to the poor and marginalized sections.

    What is mean by pension?

    • A pension is a retirement plan that provides a stream of income to individuals after they retire from their job or profession. It can be funded by employers, government agencies, or unions and is designed to ensure a steady income during retirement.

    What is Old Pension Scheme (OPS)?

    • The OPS, also known as the Defined Benefit Pension System, is a pension plan provided by the government for its employees in India.
    • Under the OPS, retired government employees receive a fixed monthly pension based on their last drawn salary and years of service.
    • This pension is funded by the government and paid out of its current revenues, leading to increased pension liabilities.

    Scheme

    What is the National Pension System (NPS)?

    • The Union government under PM Vajpayee took a decision in 2003 to discontinue the old pension scheme and introduced the NPS.
    • The scheme is applicable to all new recruits joining the Central Government service (except armed forces) from April 1, 2004.
    • On the introduction of NPS, the Central Civil Services (Pension) Rules, 1972 was amended.

    What are two arguments against reverting to the old pension scheme?

    • Fiscal Unsustainability: Since the State has to bear the full burden of pensions, it will become fiscally unsustainable in the medium to long run.
    • Trade-Off with Welfare Expenditure: Such an unsustainable rise in pension allocation in the Budget can only come at the cost of other more pressing welfare expenditures allocated to the poor and marginalized sections.

    The commonality between the two arguments

    • Both arguments assume that the fiscal revenues are fixed, which is not necessarily the case if the government has its priorities right.
    • Both arguments assume that unsustainable rise in pension allocation in the Budget can only come at the cost of other more pressing welfare expenditures allocated to the poor and marginalized sections.

    Scheme

    Why Public sector workers are asking for a guaranteed pension in place of the NPS?

    • Fluctuating pension returns: The NPS is market-based, which means that the pension returns fluctuate according to the returns prevailing in the market. This creates uncertainty and makes it difficult for employees to plan for their post-retirement life.
    • Guaranteed pension: Public sector workers are looking for a guaranteed pension that will provide them with a fixed amount after retirement. This will ensure a stable and predictable post-retirement life for them.
    • Employee contribution: In the new contributory guaranteed pension scheme (CGPS), a large part of the pension will be funded by the employees themselves. This is in contrast to the old pension scheme (OPS) where no contribution was required from the employees.
    • Protection against market fluctuations: The CGPS provides protection to employees against market fluctuations. If the market return happens to be higher than the guaranteed pension, the State gets to pocket the difference. On balance, the additional burden on the CGPS may be marginal compared to the NPS.
    • Burden-sharing: The CGPS ensures that the burden of uncertainty does not fall on employees alone. In the OPS, elite workers gain at the cost of their brethren lower on the income ladder. However, in the CGPS, the burden is only the employer’s contribution part, exactly as in the NPS.

    Potential disadvantages of a CGPS

    • Higher contribution burden on employees: Under the CGPS, employees will continue to contribute a fixed percentage of their basic pay towards their pension. This may put a higher burden on them compared to the current system, where their contribution fluctuates based on market returns.
    • Additional administrative burden: Implementing a new pension scheme like CGPS may involve additional administrative burden and costs for the government, which could be challenging to manage efficiently.
    • Uncertainty of market returns: While the CGPS guarantees a fixed pension amount, it does not provide any certainty on the market returns. If the market returns are lower than expected, the government will have to bear the burden of paying the difference between the guaranteed pension and the actual pension.

    Facts for prelims: CGPS vs NPS

    Parameter Contributory Guaranteed Pension Scheme (CGPS) National Pension scheme (NPS)
    Type of Scheme Guaranteed Pension Scheme Market-linked Pension Scheme
    Contributions Made by both employee and employer Made by the employee only
    Pension Amount Guaranteed 50% of the last drawn salary, adjusted for inflation Market-linked, varies according to returns
    Risk Risk is shared by both employee and employer Risk is borne entirely by the employee
    Burden on exchequer Burden is only on the employer’s contribution part Burden is on the entire pension amount
    Upside State gets to pocket the excess if the market return is higher No upside for the State
    Fiscal sustainability Can be sustainable with proper rationalisation of taxes Unsustainable in the medium to long run

    Way ahead

    • The government could consider implementing the Contributory Guaranteed Pension Scheme (CGPS) as an alternative to the New Pension Scheme (NPS) for public sector workers.
    • The CGPS would allow the state to pocket any excess returns from the market, rather than bearing the entire burden of uncertain market returns as in the NPS.
    • The government should consider rationalizing taxes, such as implementing inheritance and wealth taxes, to increase its revenue and reduce its dependence on fixed fiscal revenues.
    • The government should set up a special task force to rationalize pensions and address the issue of pension sustainability in the long run.
    • A possible downside to the CGPS is that it may require a higher contribution from employees, which could affect their take-home pay during their working life. However, this could be addressed by offering tax breaks or other incentives to encourage employees to contribute to the scheme.

    Conclusion

    • The current debate on pensions in India has brought forth the need for a well-designed and sustainable pension scheme that can cater to the needs of public sector workers while being fiscally responsible. The CGPS presents a viable alternative to the OPS and the NPS providing public sector workers with a guaranteed pension after they retire while also being largely funded by the employees themselves. While there may be some challenges in implementing the CGPS, with proper planning and execution, the CGPS could serve as a model for sustainable and equitable pension schemes that can support the growing needs of an ageing workforce in India.

    Mains question

    Q. The debate on pensions is heating up as several state governments announce their reversion to the old pension scheme. Do you think Contributory Guaranteed Pension Scheme (CGPS) presents a viable alternative to the OPS and the NPS?

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    Also read:

    Reversal To Old Pension Scheme (OPS): Potential Impact

  • Pacific Island Countries (PICs): India’s Development Diplomacy

    Pacific

    Central Idea

    • Indian Prime Minister Narendra Modi’s visit to Papua New Guinea (PNG) has strategic importance as it marks the Third Forum for India-Pacific Islands Cooperation (FIPIC), which India is co-hosting along with PNG in Port Moresby. India’s involvement with the region is crucial from a geostrategic perspective as it is viewed by the US as a means to counter China in the Indo-Pacific. In this context, India is gradually tuning itself towards the Pacific Island Countries (PICs) by building development partnerships on critical issues.

    Pacific

    Forum for India-Pacific Islands Cooperation (FIPIC)

    • The Forum for India-Pacific Islands Cooperation (FIPIC) is a multilateral grouping that aims to enhance India’s relations with the Pacific Islands region. It was launched in November 2014 during Indian Prime Minister Narendra Modi’s visit to Fiji.
    • The FIPIC includes 14 Pacific Island countries, namely Cook Islands, Fiji, Kiribati, Marshall Islands, Micronesia, Nauru, Niue, Palau, Papua New Guinea, Samoa, Solomon Islands, Tonga, Tuvalu, and Vanuatu.
    • The forum serves as a platform for India to engage with the Pacific Island countries on issues such as climate change, renewable energy, disaster management, health, and education, among others.
    • The forum also provides an opportunity for India to strengthen its strategic presence in the Indo-Pacific region and counter China’s growing influence in the region.

    Why should India focus on Pacific Island Countries (PICs)?

    • Strategic location: The PICs are strategically located in the South Pacific and inhabit almost one-sixth of the world’s population. These islands have occupied common spheres of influence and interest for major superpowers like the US, France, Japan, Australia, and the United Kingdom (UK).
    • Resource-rich region: The PICs are inherently resource-rich in natural minerals and hydrocarbons. They are known for massive biodiversity, diverse ocean life, and extensive mangroves.
    • Countering China: China’s foray into the region in the form of resource extraction, increasing naval presence in the South China Sea, and investments under the Belt and Road Initiative (BRI) has unnerved the neighbourhood. India’s engagement with the Pacific nations is viewed by the US as a means to counter China in the Indo-Pacific.
    • Diplomatic importance: India’s engagement with the PICs is significant for diplomatic reasons, as it can increase India’s influence in the Indo-Pacific region. India’s foreign policy considerations are progressively being structured around the notion of diplomacy for development. This India Way of foreign policy fits well for the larger Global South.
    • Development partnerships: India can build development partnerships with PICs on critical issues including climate resilience, digital health, renewable energy, and disaster risk reduction.
    • Economic opportunities: The PICs offer economic opportunities for India, especially in the areas of green transition and climate change, technology transfer, capacity building, encouraging trade and commerce, etc.

    Pacific

    Facts for prelims: PIC’s

    Region Countries Resources Strategic Importance Physical Location
    Melanesia Fiji, Papua New Guinea, Solomon Islands, Vanuatu Minerals, timber, fish, gold, copper, oil, gas Natural resources, biodiversity, proximity to shipping lanes 1°N to 14°S, 124°E to 168°E
    Micronesia Federated States of Micronesia, Kiribati, Marshall Islands, Nauru, Palau Fish, phosphate, coconut products Strategic military location, control of the Pacific Ocean, climate change impacts 1°N to 11°N, 130°E to 176°E
    Polynesia American Samoa, Cook Islands, French Polynesia, Niue, Samoa, Tonga, Tuvalu, Wallis and Futuna Fish, forestry, agriculture, tourism Tourism, cultural significance, strategic military location 14°S to 27°S, 123°W to 162°E

    What is Development Diplomacy?

    • Development diplomacy is a foreign policy approach that emphasizes cooperation and partnership on development issues with other countries as a means of achieving shared goals and promoting mutual interests.
    • The focus is on building relationships with other nations based on shared values and common objectives, rather than on traditional notions of power and influence.
    • Development diplomacy recognizes the interdependence of nations in an increasingly globalized world, and seeks to create win-win partnerships that benefit all parties involved.

    key initiatives taken by India under Development diplomacy in Papua New Guinea (PNG)

    • Line of Credit: India has offered a $100 million Line of Credit (LoC) to Papua New Guinea for infrastructure development.
    • Climate resilience: India has partnered with PNG for a project aimed at developing climate-resilient agriculture. Under this project, Indian experts are sharing their expertise on climate-resilient agriculture practices and technology transfer.
    • Healthcare: India has offered training for healthcare professionals in PNG, and has also provided medical equipment and supplies.
    • Education: India has offered scholarships to students from PNG to study in India, as well as providing vocational training for PNG youth.
    • Renewable energy: India has partnered with PNG to promote the use of renewable energy sources such as solar and wind power.
    • Capacity building: India has provided training for PNG government officials in areas such as public administration, governance, and disaster management.
    • Trade and commerce: India have sought to enhance trade and investment relations with PNG, including through the promotion of Indian businesses and the facilitation of PNG investment in India.

    Conclusion

    • India’s involvement with the Pacific Island Countries (PICs) is crucial from a geostrategic perspective, as it is viewed by the US as a means to counter China in the Indo-Pacific. India’s unique approach to development cooperation fits well for the larger Global South, and it can be a possible pathway for advancing Southern-driven partnerships in the PICs. With the G20 Presidency giving India leverage as an important economy in world politics, the FIPIC can be viewed as a suitable opportunity for New Delhi to realign itself in the emerging world order.

    Mains Question

    Q. What do you understand by mean Development diplomacy? Why India should increase its focus on pacific island countries?

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    Also read:

    The Small Island Developing States (SIDS) in Indian Ocean region (IOR)

     

  • Central Committee to find alternative for Death by Hanging

    Central Idea: The government informed the Supreme Court that it is considering the formation of a committee to examine the need for a painless and more dignified alternative to death by hanging.

    Background Information

    • Death by hanging is a mode of execution in India.
    • In March, the Supreme Court had asked the government to provide data on a more acceptable method of executing prisoners other than death by hanging.
    • A petition was filed challenging the constitutionality of death by hanging as a mode of execution.

    death

    Death Sentences imposed so far

    • 539 prisoners were on death row in India at the end of 2021, the highest since at least 2016.
    • In 2022, trial courts imposed 165 death sentences, the highest in over two decades.
    • Gujarat courts imposed 51 death sentences in 2022, the highest among all the States.
    • Uttar Pradesh and Jharkhand also recorded significant increases in death sentences imposed by trial courts in 2022.
    • From the 67 decided cases by the High Court’s involving 101 prisoners in 2022, three prisoners had their death sentences confirmed, 48 prisoners saw their death sentences commuted to life imprisonment, 43 were acquitted of all charges and six had their cases remitted to the trial court.
    • In the 11 cases decided by the Supreme Court involving 15 prisoners in 2022, 5 prisoners were acquitted of all charges; the death sentences for eight were commuted to life imprisonment; and the death penalty was confirmed for two.

    Death Penalty by Hanging: Present Status

    • Section 354 (5) of the Code of Criminal Procedure mandates that a person sentenced to death shall “be hanged by the neck till he is dead”.
    • In India, the Air Force Act, 1950, the Army Act 1950, and the Navy Act 1957 say that execution has to be carried out either by hanging by the neck until death or by being shot to death.
    • In 2018, the Centre had filed an affidavit supporting death by hanging as a mode of execution.
    • The Centre had not found the method of execution “barbaric, inhuman and cruel” compared to firing squads and lethal injections.

    Various initiatives to alter death by hanging

    • Ensuring dignified death: The government is considering the formation of a committee to examine the need for a painless and more dignified alternative to death by hanging.
    • Panel formation: The Chief Justice of India had suggested the formation of a committee with experts from national law universities, professors of law, doctors, and scientific persons.
    • Humane and painless method: The court indicated that it may even direct an alternative method of executing capital punishments if it was proved that there was a more “humane” method of execution.
    • Voices for psychological tests: The SC has asked for psychological evaluation of condemned prisoners by expert doctors, and access for them by mitigating investigators.

    Concerns raised by Judiciary

    • The Chief Justice had observed that better data was needed to relook at death by hanging.
    • The court wanted to know the-
    1. Impact of the sentence of death by hanging
    2. Pain caused
    3. Period of actual death, and
    4. Availability of resources for hanging a person

    Judiciary at loggerheads

    • The court clarified that it was not questioning the constitutionality of the death penalty, which was well-settled in Deena versus Union of India Case judgment and the Bachan Singh case reported in 1980.
    • The government argued that the mode of execution is a “matter of legislative policy” and the death penalty is awarded only in the rarest of rare cases, with only three executions between 2012 and 2015.

    Debate over Death Penalty

    Arguments in favor of death penalty Arguments against death penalty
    – Forfeiture of life: Supporters of the death penalty believe that those who commit murder, because they have taken the life of another, have forfeited their own right to life. – Eye for an eye: Reformative justice is more productive, that innocent people are often killed in the search for retribution, and that “an eye for an eye makes the whole world blind.
    – Moral indignation of the victim: It is a just form of retribution, expressing and reinforcing the moral indignation not only of the victim’s relatives but of law-abiding citizens in general. – Deterrence is a myth: Death penalty is not a deterrent to capital crimes state that there is no evidence to support the claim that the penalty is a deterrent.
    – Highest form of Justice: For heinous crimes such as the Nirbhaya Gangrape Case, no other punishment could have deterred the will of the convicts. – Political tool of suppression: The authorities in some countries, for example Iran and Sudan, use the death penalty to punish political opponents.
    – Deterrent against crime: Capital punishment is often justified with the argument that by executing convicted murderers, we will deter would-be murderers from killing people. – Reverence for life’ principle: Death penalty is an immoral punishment since humans should not kill other humans, no matter the reasons, because killing is killing.
    – Proportional punishment: The guilty people deserve to be punished in proportion to the severity of their crime. – Stigma against killing: With the introduction of lethal injection as execution method, medical professionals participate in executions. Many professionals have now refused to administer such deaths.
    – Prevailing lawlessness: The crimes we are now witnessing cannot be addressed by simple punishments. We are seeing horrific attacks on women, young girls, minority communities and Dalits etc. – Skewed justice systems: In many cases recorded by Amnesty International, people were executed after being convicted in grossly unfair trials, on the basis of torture-tainted evidence and with inadequate legal representation.
    – Prevention of crime is non-existent: Despite of stringent regulations, it is certainly visible that some crimes can never be prevented in our society. – Discriminatory nature: The weight of the death penalty is disproportionally carried by those with less advantaged socio-economic backgrounds or belonging to a racial, ethnic or religious minority.

     

    Other issues with such executions

    (a) Socio-Economic Factors

    • The recent statistics shows that the death row prisoners in India are more from the backward classes of the society.
    • The death row prisoners belong to backward classes and religious minorities and the majority of convicts’ families are living in adjunct poverty.
    • These people who are backward both in economic and social respects, are not in a position to here expensive lawyers and get proper representation in the Court.

    (b) Delayed Execution

    • The law provides for a long process before the execution of the convicts actually takes place.
    • The unexplained delay in execution can be a ground for commutation of death penalty, and an inmate, his or her kin, or even a public-spirited citizen could file a writ petition seeking such commutation.
    • Their trials are often cruelly forced to endure long periods of uncertainty about their fate.

    Way forward: Law Commission recommendations on death penalty

    The Law Commission of India in its 262nd Report (August 2015) recommended that:

    • Death penalty be abolished for all crimes other than terrorism-related offences and waging war.
    • Measures such as police reforms, witness protection scheme and victim compensation scheme should be taken up expeditiously by the government.
    • It felt that time has come for India to move towards abolition of the death penalty. However the concern is often raised that abolition of death penalty for terrorism-related offences and waging war, will affect national security.

     

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  • India-China Border Tensions: An Assessment of the Current Situation and Proactive Steps for India

    Border

    Central Idea

    • India needs to take proactive measures to address the ongoing border crisis with China in Ladakh, rather than relying on a status quo approach. The government’s silence and euphemistic language on the issue have given the impression of incompetence and inaction, leading to concerns over India’s capability to handle the situation

    Brief background on the Ladakh border issue

    • The border dispute dates back to the 1950s and 60s, when China made claims to the region and occupied large parts of it.
    • In 1962, the two countries fought a brief war over the issue, which ended in a Chinese victory and the establishment of a de facto border line known as the Line of Actual Control (LAC).
    • Since then, the two countries have had several standoffs and skirmishes in the region, with tensions escalating in recent years. T
    • he latest border standoff in Ladakh began in May 2020 and continues to remain unresolved.

    The Depsang crisis of 2013

    • Depsang Plains of Ladakh: The Depsang crisis of 2013 refers to a tense border standoff between India and China that took place in the Depsang Plains of Ladakh in April-May 2013.
    • Chinese troops set up a camp: The crisis began when Chinese troops set up a camp in the Depsang Plains, which is located about 19 km inside what India considers to be its territory.
    • Strategically important area: The area is strategically important as it overlooks the strategically important Darbuk-Shyok-Daulat Beg Oldie (DSDBO) road that India had built to improve its connectivity to the border areas.
    • Negotiations and agreement over the withdrawal: The situation was resolved after three weeks of negotiations, with the Chinese agreeing to withdraw their troops in exchange for a pledge from India to scale down its military presence in the area.
    • The crisis led to other standoffs: The crisis highlighted the long-standing boundary dispute between India and China, which has led to several other standoffs and skirmishes over the years.

    What is the current situation?

    • The current situation at the Ladakh border is that some areas have witnessed disengagement, while two areas, Depsang and Demchok, remain unresolved. Indian soldiers are not allowed to touch 26 of the 65 patrolling points in Ladakh.
    • Diplomatic meetings and talks between corps commanders have not elicited any progress since September last year. Regular meetings between Indian and Chinese Ministers, Foreign and Defence, have not yielded results either.
    • India needs to find a way to transfer the pressure back to China, as Beijing has never compromised unless it has been forced into an uncomfortable spot.

    Border

    Facts for prelims

    States

    		 Border with China

    Important Passes
    Jammu and Kashmir 1597 km Khardung La Pass, Chang La Pass, Marsimik La Pass, Saser La Pass
    Arunachal Pradesh

     

    		 1126 km

     

    		 Bum La Pass, Kibithu Pass, Tawang
    Uttarakhand 345 km Mana Pass, Lipulekh Pass, Niti Pass
    Sikkim 220 km Nathu La Pass, Jelep La Pass
    Himachal Pradesh 200 km Shipki La Pass, Kaurik Pass

    Way ahead: Steps to transfer the pressure back to China

    • Bold use of imagination: The political leadership needs to use its imagination boldly to find a way to impose its will upon China.
    • Be proactive: India needs to be proactive in dealing with China, as Beijing has never compromised unless it has been forced into an uncomfortable spot.
    • Tactful action on LAC: Tactical actions on the LAC need to be daring, and the military needs to be used as an instrument to pursue policy ends and try to impose its will upon the adversary.
    • Increase strategic thought: Strategic thought in Delhi needs to be bold and innovative to find a way to wrest the initiative from China.
    • Avoid fear of military escalation: India’s fear of military escalation is holding back progress in the Ladakh border issue, and the government needs to overcome this fear to take proactive steps.
    • Utilize diplomatic channels: India should leverage diplomatic channels and international forums to put pressure on China to resolve the border issue.
    • Strengthen domestic capabilities: India should focus on building domestic capabilities, including military and economic, to match up to China’s strengths and position itself better in negotiations.

    Border

    Conclusion

    • India needs to take proactive measures to address the ongoing border crisis with China in Ladakh. A status quo approach can no longer be the answer, and India will have to wrest the initiative from China. Failure to do so would be a national failure for India, and the government must show boldness and imagination to resolve the crisis.

    Mains Question

    Q. India is going through the tough phase over the issues of border with China. In this backdrop discuss what proactive measures that India needs to take considering the current developments situation of the border conflicts?

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    Also read:

    India-China: Border Management Mechanism

  • Ukraine War Impact on Global Politics and India’s Diplomatic Agenda

    Ukraine

    Central Idea

    • The war in Ukraine has had a ripple effect on global political and financial systems, leading to shortages of essential commodities and rising prices. The conflict is rooted in Putin’s revanchist claims that Ukraine is an inalienable part of Russia’s history, culture, and spiritual space. On the other hand, Putin accuses the US and Europe of violating their assurance to Gorbachev that NATO would not advance eastward. The crisis poses a dilemma for India, which must balance its partnerships with Russia and China in the BRICS and SCO formats while maintaining strategic autonomy.

    Two Essential Facets of the Conflict?

    • Putin’s Assertion of Russia’s Dominance: Vladimir Putin argues that Ukraine is not a sovereign nation and that it is an inalienable part of Russia’s history, culture, and spiritual space. He makes revanchist claims to camouflage Russia’s quest for dominance. Such claims are echoed in China’s Nine-dash line in the South China Sea, its occupation of India’s Aksai Chin, and blatant claims on Arunachal Pradesh.
    • Alleged Violation of NATO’s Assurance: Putin accuses the US and Europe of bad faith, citing the assurance given to a worried Gorbachev that NATO would advance not an inch eastward. This solemn undertaking was allegedly violated when NATO enlisted 10 former Warsaw Pact members in the next decade. With Finland as the latest entrant, NATO is now 31-strong, and Russia feels truly cornered.

    Impact of the war in Ukraine on global political and financial systems

    • Shortages of Essential Commodities: Ukraine is a key contributor of grain, edible oil, and fertilizers to the world’s supply chains, and Russia is a major exporter of natural gas and crude oil. The war has disrupted the production and transportation of these commodities, leading to shortages and rising prices.
    • Falling Stock Markets: The war in Ukraine has caused a decline in global stock markets as investors become increasingly nervous about the economic impact of the conflict.
    • Public Discontent and Political Upheaval: The shortages of essential commodities and rising prices have led to public discontent and even political upheaval in some countries. For example, in India, rising fuel prices have led to widespread protests and political unrest.
    • Realignment of Global Alliances: The war in Ukraine has led to a realignment of global alliances as countries seek alternate sources of food, energy, commodities, and arms. This has resulted in a polarisation of the global community and realignments in diplomatic relations.
    • Economic Sanctions: The international community has imposed economic sanctions on Russia in response to its actions in Ukraine, which have had a significant impact on the Russian economy.
    • Threat of Nuclear War: The conflict in Ukraine has raised concerns about the possibility of a nuclear war, particularly given Putin’s reckless nuclear sabre-rattling.

    What is the Dilemma for India?

    • India’s Engagement with Russia and China: India is engaged with Russia and China in various multilateral forums, including the BRICS format and the Shanghai Cooperation Organisation (SCO). At the same time, India is partnering with the US in the Quad and Malabar groupings. The conflict in Ukraine has created a complex situation for India as it seeks to maintain strategic autonomy while engaging with multiple partners.
    • Security Environment: India’s security environment is of paramount concern, given the recent Poonch ambush and persistent cross-border terrorism by the Pakistan army-ISI combine. In addition, there is stonewalling of Raksha Mantri Rajnath Singh’s demarche about the violation of existing agreements by his Chinese counterpart, Li Shangfu.
    • Lack of Defense Technology: India is a nuclear-weapon state and space power with the world’s fourth-largest military. However, the lackadaisical performance of its military-industrial complex has rendered it abjectly import-dependent for weaponry. India seeks to promote its atmanirbharta (self-reliance) policy, but technology has long gestation periods, and India needs to acquire defense technology from its partners.

    How Quad and Malabar Groupings can help India? 

    • Convergence of strategic interests: The Quad and Malabar groupings represent a convergence of strategic interests between India and the US, which can help India strengthen its security and diplomatic ties with the US, Japan, and Australia.
    • Military-diplomatic purpose: These forums serve a useful military-diplomatic purpose, allowing India to deepen its military cooperation with the US and other Quad members, particularly in the Indo-Pacific region.
    • Power-balancing: India needs to accord priority to power-balancing on its diplomatic agenda, and the Quad and Malabar Groupings can play a significant role in this regard. India can leverage these groupings to balance China’s growing influence in the region.
    • Technology acquisition: India is abjectly import-dependent for weaponry and needs to acquire advanced technologies to address its security concerns. The Quad and Malabar Groupings can help India access advanced military technologies from the US, Japan, and Australia, which can enhance India’s defense capabilities.

    Facts for prelims

    Initiative Objective Countries Involved Key Features
    Quad Strengthen security and promote economic growth in the Indo-Pacific region India, United States, Japan, Australia Regular high-level meetings, joint military exercises, cooperation on maritime security, infrastructure development, and technology transfer
    AUKUS Strengthen security in the Indo-Pacific region through advanced military technology sharing and cooperation United States, United Kingdom, Australia Joint development and sharing of advanced military technologies, including nuclear-powered submarines, and joint military exercises
    iCET Promote cooperation on critical and emerging technologies between India and the United States India, United States Cooperation on cutting-edge technologies such as AI, quantum computing, and 5G, with a focus on sharing knowledge, expertise, and best practices

     New US initiatives

    • AUKUS: AUKUS is a trilateral security pact between the US, the UK, and Australia, aimed at enhancing security cooperation and sharing advanced military technologies. While the focus of the pact is primarily on Australia, it can indirectly benefit India by strengthening the US security architecture in the Indo-Pacific region and deterring China’s aggressive behavior. The pact can also lead to the development of new technologies, such as advanced unmanned underwater vehicles, which can enhance India’s maritime security.
    • Initiative on Critical and Emerging Technologies (iCET): The iCET is aimed at boosting cooperation between India and the US in the field of critical and emerging technologies, such as artificial intelligence, quantum computing, and biotechnology. This initiative can help India access cutting-edge technologies and knowledge, which can enhance India’s technological capabilities and address its security concerns.

    Way ahead: Self-reliance in defence production and reduce dependence

    • Invest in R&D: India should invest heavily in research and development (R&D) to develop cutting-edge military technologies indigenously. This can help reduce India’s dependence on imports and enhance its military capabilities.
    • Promote Public-Private Partnership (PPP): India can promote PPPs to encourage private sector participation in defence production. This can help bring in much-needed investment, innovation, and expertise into the defence sector, thereby enhancing India’s defence capabilities.
    • Facilitate Technology Transfer: India can facilitate technology transfer from foreign defence manufacturers to domestic firms to enhance their technological capabilities. This can help Indian companies acquire critical technologies and expertise, which can be leveraged to develop advanced military systems indigenously.
    • Focus on Export: India should focus on promoting defence exports to enhance its defence manufacturing base and generate much-needed revenue. This can help reduce the cost of domestic production and make Indian defence products globally competitive.

    Conclusion

    • India needs to navigate the conflict in Ukraine deftly to maintain its strategic autonomy while balancing its partnerships with Russia and China. India must prioritize power-balancing and technology acquisition on its diplomatic agenda and focus on building self-reliance in defense production.

    Mains Question

    Q. The war in Ukraine has had a ripple effect on global political and financial systems. In this backdrop highlight the dilemma for India and discuss how Quad and Malabar Groupings along with US initiatives help India on Defence and strategic issues ?

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    Also Read:

    India’s role in Russia-Ukraine war

  • Constitutional Punctuality: Need of The Hour

    constitutional

    Central Idea

    • The Tamil Nadu Legislative Assembly recently passed a resolution that urges a time frame for Governors to act on Bills passed by the State Legislature. The resolution was passed because the Governor of Tamil Nadu, R.N. Ravi, had withheld assent to as many as 13 Bills passed by the Tamil Nadu Legislative Assembly. This highlights the need for a time-bound constitutional delivery mechanism for Governors, Speakers of Assemblies, and the President of India, emphasizing the importance of time-bound governance.

    What the resolution is all about?

    • The Tamil Nadu Legislative Assembly passed a resolution urging the Union Government and President to advise the Governor to decide on the bills passed by the State Legislatures within a reasonable time period.
    • The resolution, proposed by the Chief Minister, M.K. Stalin, argued that it was important to protect the sovereignty of the Legislatures and, ultimately, safeguard parliamentary democracy.
    • The resolution seeks to provide a time frame for Governors to act on Bills passed by the State Legislature and ensure that they do not sit over Bills indefinitely. The resolution also encourages other Opposition-ruled states to pass similar resolutions in their Assemblies.

    What is mean by Constitutional Punctuality?

    • Timely discharge of duties in accordance with the constitutional provisions: Constitutional punctuality refers to the timely discharge of duties and responsibilities by various constitutional high offices in accordance with the provisions of the Indian Constitution. It involves adhering to a strict time frame to avoid unnecessary delays and ensure the smooth functioning of the constitutional scheme.
    • Growing concerns over misuse of discretionary powers: This concept has gained importance in recent times due to the growing concern over the misuse of discretionary powers by constitutional authorities such as governors, which can lead to a delay in the enactment of important legislation and undermine the principles of parliamentary democracy.

    Need for Constitutional punctuality in terms of Governors role

    • Upholding the sovereignty of legislatures: When the Governor of a state withholds assent to bills passed by the state legislature indefinitely, it undermines the sovereignty of the legislatures. It is essential to provide a time frame for the Governor to act on bills to safeguard the democratic principles enshrined in the Constitution.
    • Ensuring timely delivery of justice: The Constitution of India guarantees the right to speedy justice to all citizens. The delay in the Governor’s assent to bills passed by the legislature leads to a delay in the implementation of new laws, which could impact the timely delivery of justice.
    • Preventing misuse of power: Governors hold a significant position of power, and the discretion they exercise in giving assent to bills should not be misused. The absence of a time frame for them to act on bills provides them with an opportunity to misuse their powers, which could harm the interests of the people.
    • Advancing the constitutional scheme: Providing a time-bound constitutional delivery mechanism advances the constitutional scheme. It ensures the smooth functioning of the democratic process and upholds the principles of accountability and transparency.
    • Building public trust: When constitutional high offices, including that of the Governor, President, and Speakers of Assemblies, discharge their duties in a time-bound manner, it builds public trust in the democratic institutions of the country. It ensures that people’s will, as expressed through their elected representatives, is implemented without undue delay.

    Facts for prelims

    Ambit of judicial review on matters of delays by constitutional authorities

    • In India, matters involving delays in exercising powers by constitutional authorities have been brought under the ambit of judicial review by the courts.
    • In the case of Keisham Meghachandra Singh vs The Hon’ble Speaker Manipur (2020), the Supreme Court issued a writ of mandamus to the Speaker of the Meghalaya Legislative Assembly to decide on disqualification petitions within four weeks.

    Time bound governance

    • The concept of time-bound governance has been successfully implemented in other countries, such as the United Kingdom and the United States, where there are strict timelines for the assent or veto of bills by the respective authorities.
    • In the US, if the President does not sign or veto a bill within 10 days, it automatically becomes an Act.
    • In the UK, there has been no royal veto since 1708.

     Conclusion

    • The resolution passed by the Tamil Nadu Legislative Assembly is a step in the right direction towards a time-bound constitutional delivery mechanism. Constitutional high offices, including Governors, Speakers of Assemblies, and the President of India, must evolve strict time frames and avoid unnecessary delays. Such an approach would advance the constitutional scheme and safeguard

    Mains Question

    Q. What do you understand by mean constitutional punctuality? Discuss the need of constitutional punctuality specifically in terms of Governors role in the state?

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    Also Read:

    Governor’s Constitutional Limits: A Resolution to President

     

  • Re-examination of Sedition Law in motion: Govt informs SC

    Central idea: The Centre has informed Supreme Court that it has initiated the “process of re-examination” of Section 124A (sedition) of the Indian Penal Code and consultations are in its “final stage”.

    What is the Sedition Law?

    • Section 124A of the Indian Penal Code lays down the punishment for sedition. The IPC was enacted in 1860, under the British Raj.
    • The then British government in India feared that religious preachers on the Indian subcontinent would wage a war against the government.
    • Particularly after the successful suppression of the Wahabi/Waliullah Movement by the British, the need was felt for such law.
    • Throughout the Raj, this section was used to suppress activists in favor of national independence, including Tilak and Mahatma Gandhi, both of whom were found guilty and imprisoned.

    Do you know?

    Queen-Empress v. Bal Gangadhar Tilak (1897) was the first case in which Section 124A was defined and applied. Again in 1908, when Tilak was tried under same section, then young barrister and a staunch protagonist Mohammed Ali Jinnah defended Tilak.

    What is Sedition?

    • The Section 124A defines sedition as:

    An offence committed when “any person by words, either spoken or written, or by signs, or by visible representation, or otherwise, brings or attempts to bring into hatred or contempt, or excites or attempts to excite disaffection towards the government established by law in India”.

    • Disaffection includes disloyalty and all feelings of enmity.
    • However, comments without exciting or attempting to excite hatred, contempt or disaffection, will not constitute an offense.
    • Sedition is a non-bailable offense.
    • Punishment under Section 124A ranges from imprisonment up to three years to a life term with/without a fine.

    Sedition as a cognizable offense

    • Sedition was made a cognizable offense for the first time in history in India during the tenure of Prime Minister Indira Gandhi in 1973, that is, arrest without a warrant was now permissible.
    • In 1962 the Supreme Court of India interpreted the section to apply only if there is, say, “incitement to violence” or “overthrowing a democratically elected government through violent means”.

    Is it constitutionally valid?

    • Violative of FRs: Two high courts had found it unconstitutional after Independence, as it violated the freedom of speech and expression.
    • Reasonable restrictions: The Constitution was amended to include ‘public order’ as one of the ‘reasonable restrictions’ on which free speech could be abridged by law.
    • Kedar Nath Case: Thereafter, the Supreme Court, in Kedar Nath Singh v. State of Bihar (1962) upheld its validity.
    • Limited use: At the same time, it limited its application to acts that involve “intention or tendency to create disorder” or incitement to violence.
    • Strong criticism doesn’t amount to sedition: Thus, even strongly worded remarks, as long as they do not excite disloyalty and enmity, or incite violence, are not an offence under this section.

    sedition

    Why the controversy now?

    • Frequent use: In recent times, the resort to this section is seen as disturbingly frequent.
    • Curbing dissent: Activists, cartoonists and intellectuals have been arrested under this section, drawing criticism from liberals that it is being used to suppress dissent and silence critics.
    • Misuse for propaganda: Authorities and the police who invoke this section defend the measure as a necessary step to prevent public disorder and anti-national activities.
    • Irrelevance: Many of them have also been detained under the National Security Act and UAPA.

    What is being debated about it?

    • Demand for its scrapping: Liberals and rights activists have been demanding the scrapping of Section 124A.
    • Provision is outdated: It is argued that the provision is “overbroad”, i.e., it defines the offence in wide terms threatening the liberty of citizens.
    • Various calls for its reconsideration: The Law Commission has also called for a reconsideration of the section.
    • Tyranny of the law: It has pointed that Britain abolished it more than a decade ago and raised the question of whether a provision introduced by the British to put down the freedom struggle should continue to be law in India.
    • Doctrine of severability: Some argue that a presumption of constitutionality does not apply to pre-constitutional laws as those laws have been made by foreign legislature or bodies.

    Need for such law

    • There are some tendencies exist even today who wish to overthrow the state apparatus and constitutional scheme of India.
    • It falls on the judiciary to protect Articles 19 and Article 21 of the Constitution.
    • Undue exercise of free speech has led to overture of ordinary dissent into an anti-national insurrection or uprising.
    • There are areas in the country that face hostile activities and insurgencies created by rebel groups, like the Maoists.
    • There must be restrictions on expressing unnecessary contempt or ridiculing of the Government beyond certain limits.

    Way forward

    • India is the largest democracy in the world and the right to free speech and expression is an essential ingredient of democracy.
    • The sedition law should not be abolished as some measures are needed to check communal violence & insurgency activities like Naxals.
    • The definition of sedition should be narrowed down, to include only the issues pertaining to the territorial integrity of India as well as the sovereignty of the country.
    • Section 124A should not be misused as a tool to curb free speech.

     

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  • ASEAN-India maritime exercise in South China Sea

    south china sea asean

    Central idea: The article highlights India’s increasing military cooperation with ASEAN countries, with a special emphasis on the upcoming ASEAN-India Maritime Exercise (AIME) in the South China Sea.

    ASEAN-India Maritime Exercise

    • The first ASEAN-India Maritime Exercise (AIME) is set to commence on May 2, 2023, with war games to be held in the South China Sea.
    • INS Satpura and INS Delhi will participate in the exercise.
    • The exercise is divided into two phases: ‘Harbour Phase’ and ‘Sea Phase.’
    • The exercise is aimed at fostering close cooperation and conducting seamless operations in the maritime domain between the Indian Navy and ASEAN navies.

    About ASEAN (Association of Southeast Asian Nations)

    Details
    Members Brunei Darussalam, Cambodia, Indonesia, Laos, Malaysia, Myanmar, Philippines, Singapore, Thailand, Vietnam
    Formation August 8, 1967
    Headquarters Jakarta, Indonesia
    Purpose To promote economic growth, social progress, and cultural development
    Economic integration ASEAN Free Trade Area (AFTA) and ASEAN Economic Community (AEC)
    Political cooperation ASEAN Regional Forum (ARF) and ASEAN Defense Ministers Meeting (ADMM)
    Cultural cooperation ASEAN Socio-Cultural Community (ASCC)
    Relationship with India Strategic partnership, trade, and investment

     

    Why such exercise?

    • Defying territorial claims: The South China Sea is a critical waterway that connects the Indian Ocean with the Pacific Ocean, and it is also a contested region where multiple countries have territorial claims.
    • Support freedom of navigation: Conducting exercises in this region allows India to demonstrate its commitment to maintaining freedom of navigation and upholding international maritime laws.
    • Indo-Pacific Strategy: India’s growing strategic ties with ASEAN are part of its broader Indo-Pacific strategy, which seeks to promote a rules-based order and ensure stability in the region.
    • Counterbalancing China: As China’s influence in the Indo-Pacific grows, India sees ASEAN as a key partner in balancing China’s assertiveness and promoting regional stability.

    India’s stakes in South China Sea

    The South China Sea plays a critical role in India’s security and well-being as-

    • Global common: The SCS is not China’s sea, but a global common.
    • Unimpeded navigation: It has been an important sea-lane of communication for centuries, and passage has been unimpeded. Indians have sailed these waters for well over 1,500 years with a continuous trading presence.
    • Global trade chokepoint: Nearly $200 billion of India’s trade passes through the South China Sea, and thousands of Indian citizens study, work and invest in ASEAN, China, Japan and the Republic of Korea.

    Key significance: India’s Responsiveness to ASEAN

    India needs to be responsive to ASEAN’s expectations.

    • Meeting ASEAN’s aspirations: While strategic partnerships and high-level engagements are important, ASEAN expects longer-lasting buy-ins by India in their future.
    • History of lesser importance given by India: ASEAN has taken the initiative time and again to involve India in Indo-Pacific affairs, even though India’s current level of trade or investment with ASEAN does not make a compelling argument.
    • Broader perception of India as key partner: ASEAN has deliberately taken a longer-term view, given the importance of regional arrangements for economic recovery and rejuvenation.

     

    Back2Basics:  South China Sea Dispute

    • It is a dispute over territory and sovereignty over ocean areas, and the Paracels and the Spratlys – two island chains claimed in whole or in part by a number of countries.
    • China, Vietnam, the Philippines, Taiwan, Malaysia, and Brunei all have competing claims.
    • Alongside the fully-fledged islands, there are dozens of rocky outcrops, atolls, sandbanks, and reefs, such as the Scarborough Shoal.
    • China claims by far the largest portion of territory – an area defined by the “nine-dash line” which stretches hundreds of miles south and east from its most southerly province of Hainan.
    • Beijing says its right to the area goes back centuries to when the Paracel and Spratly island chains were regarded as integral parts of the Chinese nation, and in 1947 it issued a map detailing its claims.
    • It showed the two island groups falling entirely within its territory. Those claims are mirrored by Taiwan.

     

     

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