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GS Paper: GS2

  • Supreme Court’s basic structure doctrine in a new context

    basic structureContext

    • The basic structure doctrine constitutes a high watermark in the assertion of the Supreme Court’s judicial power in the teeth of a determined majoritarian regime.

    What is basic structure of Constitution?

    • The basic structure doctrine is one of the fundamental judicial principles connected with the Indian Constitution. The doctrine of the basic structure holds that there is a basic structure to the Indian Constitution, and the Parliament of India cannot amend the basic features.

    What is the significance of the basic structure in the Constitution of India?

    • The doctrine of basic structure is nothing but a judicial innovation to ensure that the power of amendment is not misused by Parliament. The idea is that the basic features of the Constitution of India should not be altered to an extent that the identity of the Constitution is lost in the process.08-Dec-2021

    Background

    • Courts are empowered under our Constitution to invalidate not only executive orders, but also legislative enactments that violate any part of the Fundamental Rights guaranteed in Part III of the Constitution (Bill of Rights).
    • But as to whether they are also empowered to adjudicate on the validity of constitutional amendments passed with the requisite special majority and following the procedure prescribed in Article 368 the Constitution is silent.

    basic structureHistorical developments on evolution of basic structure doctrine

    • Constitution provided a mechanism for parliament to amend the constitution in the form of article 368 but the nature and scope of this amending power was questioned in Supreme Court on multiple occasions. Supreme Court gave a series of judgement which ultimately culminated in probably the most landmark judgement Basic structure doctrine judgement.
    • Shankari Prasad Case
    • Sajjan Singh Case
    • Golakh Nath Case
    • Kesvananda Bharati Case
    • Minerva Mills case
    • I.R. Koelhi

    Constitutional Provisions

    1. 1st amendment and 9th schedule
    2. 24th amendment
    3. 42nd amendment

     

    His holiness, Kesavananda bharati, challenged before the supreme court, the validity of 29th CAA which inserted some laws in 9th schedule and affected property of his Hindu Mutt.

    What else was at stake?

    1. Supreme Court (R. C. Cooper case) had struck down bank nationalization act of 1969 which had nationalized 14 major banks for illusory compensation though it conceded parliament’s right to nationalise banks in national interest.
    2. Supreme Court had struck down abolition of privy purses which was a betrayal of solemn promise to erstwhile kings by Sardar Patel.

    Supreme Court could do all this as it had held in 1967 in Golaknath case that fundamental rights could not be abridged.

    Before returning back to Kesavananda, Let’s take a look at the relevant provisions of the constitution and Supreme Court interpretation of the same.

    • Art 13(2) – Any LAW abridging fundamental rights mentioned in part 3 shall be null and void to the extent of contravention
    • Art 368 -Procedure to amend the constitution.
    • Art 19(f) – freedom to acquire hold on and dispose off property.
    • Art 31 – right to property

    Both the rights were subject to reasonable restriction in public interest and restriction were subject to judicial review.

    Soon after the coming into force of the constitution, states enacted land reform acts #Zamindars challenged them. #Patna high court declared Bihar act as unconstitutional for violating right to property #interim parliament passed 1st CAA.

    1. ART 31B created 9th schedule. Laws inserted under it by constitutional amendment were immune to judicial review.

    Other provisions not imp for this article but imp for exams –

    1. Reasonable restrictions against freedom of expression under art 19.
    2. To nullify judgment in State of Madras v. Champakam Dorairajan and giving effect to art 46 (promoting educational and economic interests of weaker sections) amplified article 15 (3)

    Zamindars didn’t like it, not one bit. And here comes the 1st salvo

    Shankari Prasad v Union of India

    Challenged 1st CAA. What was the court’s judgment?

    1. Difference b/w constituent power and ordinary legislative power i.e. amendment not law for the purpose of article 13
    2. art 13 and 368 in conflict # apply DOCTRINE OF HARMONIOUS CONSTRUCTION # ART 13 not applicable to art 368

    Govt 1-0 Zamindars

    Govt passed 17th amendment and inserted more laws under 9th schedule ‘

    Zamindars fired another salvo-

    Sajjan Singh vs state of rajasthan

    Supreme Court sang Shankari prasad song again

    Govt 2-0 jamindars

    But Justice Mudholkar was of the view that the every Constitution has certain features which are basic in nature and those features cannot be changed.

    2 minority judgements…. utter confusion. And you can see seeds of basic structure were sown here.

    Zamindars fired 3rd salvo

    Golaknath v. State of Punjab

    11 judge bench overturned earlier 2 verdicts by a slender majority of 6-5

    Really? What was the logic given here?

    1. Nothing to suggest constituent power to be separate from legislative power and even if distinct, amending power not same as constituent power which is given only to constituent assembly i.e. amendment is law and subject to article 13
    2. Fundamental rights so sacrosanct and transcendental that they cannot be abridged even if whole parliament unanimously decided to abridge them.

    But it validated all previous land reform acts as nullifying them would create utter confusion

    Govt angry – Zamindars angry

    New landlords happy.

    Loss – loss to defendants as well as petitioner.

    Madam Indira was in power and she did not like this. Not one bit.

    Along came 24th amendment to neutralize GOLAKNATH JUDGEMENT

    1. Art 13 inapplicable to art 368
    2. Art 368 provided powers as well as procedure to amend the constitution
    3. Parliament by way of addition, variation or repeal can amend any provision of constitution
    4. President shall give assent to CA bills ( VERY VERY IMP FOR PRELIMS )

    But madam Indira wouldn’t just stop here as Cooper judgment (Bank nationalization ) also had to be neutralized.

    Smarting from this setback, Madam Indira (the parliament, herself) passed 24th CAA to neutralise GOLAKNATH judgement. But there was also a small matter of reversing Copper judgment in bank nationalisation case so parliament passed 25th CAA.

    1. Art 19f delinked from 31, in effect parliament deciding compensation amount payable instead of courts.
    2. Art 31c  -inserted under which – art 39b and c, most socialist of DPSPs (equitable distribution and prevention of concentration of wealth respectively) precede over 7 freedoms (art 19 ), equality (14), property (31)
    3. Parliament’s power to determine if policy is to give effect to 39b and c not subject to judicial review.

    29th CAA had put Kerala land reform act under 9th schedule and his holiness challenged the provisions and all hell broke loose.

     

    Now the 4th salvo

    basic structureKesvanada Bharati Case

    A 13 judge bench is constituted and what does it do!

    1. Overturned Golaknath i.e. amendment not law, fundamental rights amendable, no implied limit under art 368 i.e. CAA 24 constitutional
    2. Art 25 invalid to the extent it takes away judicial review i.e. 39 b and c above 14, 19 and 31 but subject to judicial review

    Most imp decision of all by slimmest of all 7-6 majority stated Parliament can amend any provision of the Constitution but the basic structure should not be destroyed, damaged or abrogated.

    What’s the logic?

    1. Expression amendment did not encompass defacing the constitution such that it lost its identity.
    2. In the garb of amendment parliament can not rewrite the constitution.

    Court gave relief to govt but reserved for itself power to review all amendment not just those that violate fundamental rights.

    Aftermath

    Indira Gandhi didn’t like the judgement one  bit. She (via the president) superseded 3 judges to appoint justice A.N. Ray as CJI.

    Knives had been drawn and the battle was gonna be very bloody –

    • Navnirman movement of JP (Jayprakash) had gathered steam, Indira was on the back foot and along came the judgement of Allahabad High Court convicting Indira of corrupt electoral practices. Election was declared null and void and  6 years ban to contest election was imposed on her.
    • Supreme Court stayed it and allowed her to remain PM but not to draw salary or speak or vote in parliament.
    • Darkest chapter in democracy’ 21 month emergency was declared on 25th June 1975 without even consulting cabinet (44th amendment made it mandatory for the president to have written advice of cabinet to declare emergency)

    Indira Gandhi wasn’t to sit quiet.

    CAA 39th – election of president, VP, PM and speaker beyond judicial review

    Clownish Rajnarayan challenged the CAA 39.

    Indira Gandhi v/s Raj Narain Case

    For the 1st time Supreme Court applied basic structure doctrine and considered free and fair election and rule of law to be part of basic structure. #amending act invalidated.

    Note here that 4 of the 5 judges on the bench had given dissenting judgment in Bharati case but still applied the same doctrine for Supreme Court judgment becomes law until overruled by bigger bench (art 141).

    Then how did Indira continue to be prime minister and contest election again and not get banned for 6 years?

    Supreme court accepted retrospective amendment to electoral law i.e. electoral malpractice of Indira was no longer a corrupt practice.

    Find out for fun the charges against Mrs. Gandhi for which she was convicted and what a popular British magazine had to say about the judgement.

    Along came the mini constitution i.e 42nd amendment act TO ELIMINATE IMPEDIMENTS TO THE GROWTH OF THE CONSTITUTION –

    1. PART 4a fundamental duties
    2. Socialist,secular and integrity word to preamble
    3. New DPSPs were added

    And for the purpose of this article amendment to article 368 nullifying basic structure doctrine by adding amendments can’t be challenged in courts and parliament possessing unlimited power of amendment

    1. All DPSPs to take precedence over all fundamental rights not just 39b and 39c.

    And Minerva Textile mills of Karnataka fired the 5th and the last salvo

    Minerva Mills v Union of India

    SC unanimously struck down amendment to article 368 holding limited amending power and judicial review to be part of basic structure.

    Court held that constitution is founded on the bedrock of balance b/w FRs and DPSPs. Goals set out by DPSPs have to be achieved without abrogation of means provided by FRs.

    What’s the logic?

    If a donee was vested with limited power, it could not be exercised to control that very power power and convert into unlimited one.

    Or

    If a genie grants u 3 wishes, it is understood u can not, as one of the wish, ask for unlimited number of wishes!

    Janta govt comes to power and 44th CAA deletes art 31 (b) right to property and 19 (f) freedom to acquire, hold and dispose of property as they were not considered part of basic structure

    Right to property now a constitutional right under art 300A.

    9th schedule and judicial review

    I.R.Coelho vs state of TN

    Supreme Court held that acts placed under 9th schedule after basic structure subject would be subject to judicial review to the extent of those acts violating basic structure of constitution.

    Impact of basic structure doctrine.

    It certainly saved Indian democracy from degenerating into authoritarian regime during those testing times but it has also given immense untold unbridled power to Supreme Court and made it the most powerful court in the world.

    As we would later see in the NJAC Verdict (let’s call it 4th judges case), Supreme Court applied this doctrine, many would say for wrong reasons to strike down the act and kept for itself the power to appoint brother judges. In the original constitution only fetters on the power of parliament was art 13.

    Relevance –  It was delivered at the time of single party rule both at the centre and most of the states. In the era of coalition politics no govt is going to wield so much power to destroy the constitution and then there is ever present danger of tyranny of unelected.

    But only legitimate way to overturn the verdict would be a 15 judge bench so don’t hold your breath for that.

    Now is the time for some thought questions

    #1. Consider these 2 statements –

    1. Any LAW that is ordinary law violating provisions of constitution would be declared null and void to the extent of contravention.
    2. Any LAW violating art 13 would be declared null and void

    Both statements are true…..If amendments were not law, what was the purpose of art 13 (2) other laws would anyway be declared unconstitutional!

    #2. Is basic structure doctrine relevant in the present political scenario where no single party is unlikely to enjoy majority in both the houses?

    #3. What should be the limits to amending power of parliament? Do u think for very substantial amendments instead of courts, people by way of referendum should determine whether amendment should go through or not?

    #4. Whatever happens to original intent theory that constitutional courts have to interpret constitution in accordance with the implied intentions of founding fathers and there is enough evidence to suggest founding fathers thoughtfully kept FRs sacrosanct to prevent their abrogation or as we would see in a later article how supreme court by creative interpretation virtually changed procedure established by law in art 21 to due process of law while founding fathers deliberately kept expression as procedure established by law.

     

    Conclusion

    • By restraining the amending powers of legislative organ of State, it provided basic Rights to Citizens which no organ of State can overrule. Being dynamic in nature, it is more progressive and open to changes in time unlike the rigid nature of earlier judgements.

    Mains question

    Q. What do you understand by basic structure of constitution? Trace evolution of basic structure in India.

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  • What is National Automated Fingerprint Identification System (NAFIS)?

    The Union Home Minister has inaugurated the National Automated Fingerprint Identification System (NAFIS).

    What is NAFIS?

    • NAFIS is developed by the National Crime Records Bureau (NCRB) at the Central Fingerprint Bureau (CFPB) in New Delhi.
    • The project is a country-wide searchable database of crime- and criminal-related fingerprints.
    • The web-based application functions as a central information repository by consolidating fingerprint data from all states and Union Territories.
    • In April this year, Madhya Pradesh became the first state in the country to identify a deceased person through NAFIS.

    Utility of NAFIS

    • It enables law enforcement agencies to upload, trace, and retrieve data from the database in real time on a 24×7 basis.
    • It would help in the quick and easy disposal of cases with the help of a centralised fingerprint database.

    How does it work?

    • NAFIS assigns a unique 10-digit National Fingerprint Number (NFN) to each person arrested for a crime.
    • This unique ID will be used for the person’s lifetime, and different crimes registered under different FIRs will be linked to the same NFN.
    • The 2020 report states that the ID’s first two digits will be that of the state code in which the person arrested for a crime is registered, followed by a sequence number.
    • By automating the collection, storage, and matching of fingerprints, along with digitizing the records of fingerprint data, NAFIS will provide the much-needed unique identifier for every arrested person.
    • It will be included in the CCTNS (Crime and Criminal Tracking Network & Systems) database as both are connected at the backend.

    Is this the first time that such an automation project is being attempted?

    • Upon the recommendations of the National Police Commission in 1986, the Central Fingerprint Bureau first began to automate the fingerprint database.
    • It began with digitizing the existing manual records through India’s first Automated Fingerprint Identification System (AFI) in 1992, called Fingerprint Analysis & Criminal Tracing System (FACTS 1.0).
    • The latest iteration, FACTS 5.0, which was upgraded in 2007, was considered to have “outlived its shelf life”, according to a 2018 report by the NCRB and thus needed to be replaced by NAFIS.

    Since when has India relied on fingerprinting as a crime-fighting tool?

    • A system of fingerprinting identification first emerged in colonial India, where it was tested before it spread to Europe and beyond.
    • At first, it was used by British colonial officials for administrative rather than criminal purposes.
    • William Herschel, the chief administrator of the Hooghly district of Bengal, from the late-middle 1800s onwards, used fingerprinting to reduce fraud and forgeries.
    • It then aimed to ensure that the correct person was receiving government pensions, signing land transfer deeds, and mortgage bonds.
    • Anthropometry, the measurement of physical features of the body, was used by officials in India but was soon replaced with a system of fingerprints.

     

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  • Strong nuclear diplomacy brings opportunities for India

    nuclear diplomacyContext

    • The return of nuclear weapons on the global platform. After 1998, India premised its strategy on building ‘credible minimum deterrence’. The time has come to reflect on what is ‘credible’ and redefine what ‘minimum’ might be to strengthen nuclear diplomacy.

    Definition of nuclear diplomacy

    • Nuclear diplomacy deals with prevention of nuclear war and peacetime proliferation. It also deals with the use of threat of nuclear warfare to achieve diplomatic goals.

    nuclear diplomacyTheme of article

    • India, one of the world’s nuclear weapon powers, ought to be paying a lot more attention to the international nuclear discourse that is acquiring new dimensions and taking a fresh look at its own civilian and military nuclear programmes.
    • Nuclear cooperation has brought a new dimension to India’s nuclear diplomacy in the 21st India’s status as a responsible nuclear power is predicated upon the civil relationships in the nuclear domain that it has established with major powers.

    What is credible minimum deterrence?

    • Credible minimum deterrence is the principle on which India’s nuclear diplomacy is based. It underlines no first use (NFU) with an assured second strike capability and falls under minimal deterrence, as opposed to mutually assured destruction.

    nuclear diplomacyWhy do countries proliferate nuclear weapons?

    • Proliferation models centred on security concerns or dilemmas dominate nuclear literature.
    • Nuclear weapons provide an overwhelmingly destructive force that increases a state’s relative power in comparison to its neighbours.
    • It provides a powerful tool in an anarchic system where superpowers dominate other nation-states sovereignty.
    • Hence weaponizing helps establish a deterrence to prevent war.

    Why relook is needed?

    • Possessing nuclear weapons can confer India increased leverage to conduct foreign policy in both regional and international contexts.
    • There are two ways in which the possession of nuclear weapons can affect a state’s conduct of foreign policy and diplomacy.
    • The first involves military and strategic signalling. This includes military-oriented functions of deterrence, coercion, and brinkmanship.
    • The second, deals with non-military affairs.

    Way forward

    • It should be noted that India’s quest to be a “responsible nuclear state” has given it considerable diplomatic capital in the West.
    • It would be unfortunate for India to squander such gain owing to the lack of carefully considered foreign policy that leverages its nuclear status for its national interest.

    Conclusion

    • India’s civil nuclear engagements with the global community have strengthened its position in the global civil nuclear order, there is a need for the country to push for greater engagements with more key suppliers and stakeholders to fulfill its military nuclear potential and assert its status as a responsible nuclear state.

    Mains question

    Q. India has been a nuclear weapons state for 22 years. Has this affected India’s foreign policy in a direct manner? Express your views in context of the return of nuclear weapons on the global platform.

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  • Rising number of Rabies case

    rabiesContext

    • The death of a 12-year-old girl in Pathanamthitta has sharpened the focus on the rising number of rabies cases and the growing population of stray dogs in Kerala

    What is rabies?

    • The rabies virus attacks the central nervous system of the host, and in humans, it can cause a range of debilitating symptoms including states of anxiety and confusion, partial paralysis, agitation, hallucinations, and, in its final phases, a symptom called “hydrophobia,” or a fear of water.

    What are rabies caused by?

    • Rabies is a preventable viral disease most often transmitted through the bite of a rabid animal. The rabies virus infects the central nervous system of mammals, ultimately causing disease in the brain and death.

    Can rabies person survive?

    • Once clinical signs of rabies appear, the disease is nearly always fatal, and treatment is typically supportive. Less than 20 cases of human survival from clinical rabies have been documented.

    How long can a human live with rabies?

    • Death usually occurs 2 to 10 days after first symptoms. Survival is almost unknown once symptoms have presented, even with intensive care.

    rabiesFacts on rabies

    • What animal has the most rabies?
    • Bats
    • Wild animals accounted for 92.7% of reported cases of rabies in 2018. Bats were the most frequently reported rabid wildlife species (33% of all animal cases during 2018), followed by raccoons (30.3%), skunks (20.3%), and foxes (7.2%).

    rabiesWhat is the issue?                                  

    • There is a blame game over the rising rabies cases: With the rabies deaths causing panic and reports of residents killing stray dogs through poisoning and strangulation, there is a blame game over the rising canine population and rabies cases. Some legal experts blame it on conflicts in the Prevention of Cruelty to Animals Act, 1960 and the Animal Birth Control (Dogs) Rules, 2001; others point to the flawed implementation of birth control measures.
    • Legal battle over the issue in the Supreme Court: Canine culling campaigners and advocates of animal rights are also engaged in a protracted legal battle over the issue in the Supreme Court. V.K. Biju, a lawyer of the Supreme Court, who brought the issue of the “stray dog menace” before the apex court, contends that the root cause is the enactment of the Rules, which according to him, were passed in contravention of the parent Act, the Prevention of Cruelty to Animals Act.
    • Existence of stray dogs has adversely affected the fundamental rights of citizens: Biju says that while the Act stands for the “destruction” of stray dogs, the rules are against the “destruction” of stray dogs, including the rabies affected ones, besides providing specific protection of stray dogs. In his submission before the Supreme Court, he argues that the existence of stray dogs has adversely affected the fundamental rights of citizens, i.e. the right to life and free movement.
    • The quashing of the Rules to make India free of stray dogs: In his writ petition filed before the apex court, Biju has sought orders for the strict implementation of the Act and the quashing of the Rules to make India free of stray dogs.
    • Animal rights campaigners are apprehensive: In the light of this, animal rights campaigners are apprehensive over the campaign to cull dogs to check rabies.

    rabiesHow can we prevent rabies in animals?

    1. First, visit your veterinarian with your pet on a regular basis and keep rabies vaccinations up-to-date for all cats, ferrets, and dogs.
    2. Second, maintain control of your pets by keeping cats and ferrets indoors and keeping dogs under direct supervision.
    3. Third, spay or neuter your pets to help reduce the number of unwanted pets that may not be properly cared for or vaccinated regularly.
    4. Finally, call animal control to remove all stray animals from your neighbourhood since these animals may be unvaccinated or ill.

    How can we prevent rabies in humans?

    • Leave all wildlife alone.
    • Know the risk: contact with infected bats is the leading cause of rabies deaths in people followed by exposure to rabid dogs while traveling internationally.
    • Wash animal bites or scratches immediately with soap and water.
    • If you are bitten, scratched, or unsure, talk to a healthcare provider about whether you need postexposure prophylaxis. Rabies in people is 100% preventable through prompt appropriate medical care.
    • Vaccinate your pets to protect them and your family.

    Initiatives by Government to curb Neglected Tropical Diseases

    National Rabies Control Programme: This programme is being restructured as Integrated National Rabies Control Programme under ‘One Health Approach’, with a aim to provide vaccination to stray dogs and free vaccines through Government hospitals.

    Way forward

    • Think globally, act locally. Study and adopt global ‘best-practices’ after customising them to local needs.
    • Apply integrated approach. Follow a holistic strategy.
    • Ensure efficient and effective collaboration across various government departments.
    • Partner with Civil Society Organisations (especially with WASH – Water, Sanitation and Hygiene – sector) for ground-level implementation and monitoring.

    Mains question

    Q. What is rabies? What ethical challenges are involved in culling of stray dogs? Explain the control measures for the same.

     

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  • Constitutional Breakdown in Nepal

    nepal

    Nepal is in a constitutional crisis with major organs of the state confronting each other as the Chief Justice is under undeclared house arrest and the PM openly criticizing the President.

    Nepal polity in turmoil

    • Prime Minister who is backed by the chiefs of four major coalition partners, is at loggerheads with President.
    • The President might seek to rule as an extra-constitutional authority beyond the sanction and imagination of the Constitution that completed six years last week.

    Genesis of the crisis: Row over Citizenship

    • The current crisis began after President refused to ratify Nepal’s citizenship bill, which was sent to her twice after it was passed by both Houses of Parliament over the span of a month.
    • The bill seeks to give citizenship by birth and by descent to an estimated 500,000 individuals.
    • It was also sought to provide non-voting citizenship to non-resident Nepalis living in non-SAARC countries.

    Constitutional crisis in Nepal: A backgrounder

    • Nepal transitioned into a democracy beginning with the fall of the monarchy in 2006 and the subsequent election of the Maoist government in 2008.
    • The emergence of the multiparty system was followed by the adoption of a constitution on September 20, 2015.
    • All Nepalese citizens born before this date got naturalised citizenship.
    • But their children remained without citizenship as that was to be guided by a federal law which has not yet been framed.
    • This amendment Act was expected to pave the way to citizenship for many such stateless youth as well as their parents.

    What are the issues with the Act?

    Ans. Gender bias

    • The main criticism against the Citizenship Amendment Act, 2006 is that it goes against established parameters of gender justice.
    • According to Article 11(2b), a person born to a father or a mother with Nepalese citizenship can get citizenship by descent.
    • Another article says a person who is born to a Nepalese mother (who has lived in the country) and an unidentified father will also get citizenship by descent.
    • But this section appears humiliating for a mother as she has to declare that her husband is unidentified for the child to be eligible for citizenship.
    • In case of a Nepalese father, such declarations are not required.

    Why has the President refused to sign the Act?

    • Bhandari is the first female President of Nepal.
    • Her refusal to sign the Act has drawn attention to certain sections in the constitution that thrusts greater responsibility on women.
    • For example, Article 11 (5) says that a person who is born to a Nepalese mother and an unidentified father can be granted citizenship by descent.
    • Next, it says that in case the unidentified father turns out to be a foreigner, the citizenship by descent would be converted to naturalised citizenship.
    • Furthermore, it supports punitive action against the mother if the father is found later.

    Indian connection to the issue

    • There is an unarticulated concern in the orthodox sections that Nepalese men, particularly from the Terai region, continue to marry women from northern India.
    • These people feel that Nepalese identity would be undermined.
    • Because of this “Beti-Roti” (Nepalese men marrying Indian women) issue, many women could not become citizens of Nepal.
    • They were subjected to the infamous seven-year cooling off period before they could apply for citizenship in Nepal.
    • As such women were stateless, children of such families were also often found to be without Nepalese citizenship.
    • However, the new amendments have done away with the cooling off period for these stateless women.

     

  • G4 countries call for UNSC reforms

    g4

    The G4 nations have said that the Intergovernmental Negotiations on UN Security Council reform are constrained by a lack of openness and transparency.

    Who are the G4 Countries?

    • The G4 nations, comprising Brazil, Germany, India, and Japan are four countries which support each other’s bids for permanent seats on the United Nations Security Council.
    • Their primary aim is the permanent member seats on the Security Council.
    • Each of these four countries have figured among the elected non-permanent members of the council since the UN’s establishment.
    • Their economic and political influence has grown significantly in the last decades, reaching a scope comparable to the permanent members (P5).

    Deterrent in their cause

    • The UK and France have backed the G4’s bid for permanent seats.
    • All the permanent members of P5 have supported India’s bids for permanent seat.
    • However, China has previously implied that it is only ready to support India if it does not associate its bid with Japan.
    • The US has sent strong indications to Brazil that it is willing to support its membership; albeit, without a veto.

    What holds them back?

    • There has been discontent among the present permanent members regarding the inclusion of controversial nations or countries not supported by them.
    • For instance, Japan’s bid is heavily opposed by China, North Korea, Russia and South Korea who think that Japan needs to make sincere reparations for war crimes committed during World War II.
    • Under the leadership of Italy, countries that strongly oppose the G4 countries’ bids have formed the Uniting for Consensus movement, also called as Coffee Club.
    • In Asia, Pakistan opposes India’s bid.

    Why India deserves a permanent seat?

    • India has been part of UN since inception.
    • It has the world’s second-largest population and is the world’s largest democracy suited to represent South Asia.
    • It has contributed maximum peacekeepers to UN so far.

    Why reform UNSC?

    • Non-representative nature: UNSC in current form is not representative of developing world and global needs, with primacy of policy being political tool in hands of P5, is well recognised globally.
    • Contention over Veto and Technical Holds: Veto power with P5 enables any one of them to prevent the adoption of any “substantive” draft Council resolution, regardless of its level of international support.
    • Divided institution: UNSC has become an organisation, which can pass strong resolutions against weak countries, weak resolutions against strong countries and no resolution against P5 countries.

    Conclusion

    • There is a possibility that if UN doesn’t reform itself, it may lose relevance and alternate global and regional groupings may assume greater importance.
    • More global pressure from middle powers like G4 may force an expansion of UNSC as a possibility, but abolition of veto power in current set up is unlikely

    Back2Basics: United Nations Security Council (UNSC)

    • The UNSC is one of the six principal organs of the United Nations and is charged with the maintenance of international peace and security.
    • Its powers include the establishment of peacekeeping operations, the establishment of international sanctions, and the authorization of military action through Security Council resolutions.
    • It is the only UN body with the authority to issue binding resolutions to member states.
    • The Security Council consists of fifteen members. Russia, the United Kingdom, France, China, and the United States—serve as the body’s five permanent members.
    • These permanent members can veto any substantive Security Council resolution, including those on the admission of new member states or candidates for Secretary-General.
    • The Security Council also has 10 non-permanent members, elected on a regional basis to serve two-year terms. The body’s presidency rotates monthly among its members.

     

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  • Intra party elections

    Intra party electionContext

    • Congress party has issued a notification for the party’s presidential election hinting towards intra party election.
    • As per the official notification, party leaders can file nominations from 24 September to 30 September. The voting will be held on 17 October and the results will be declared on 19 October.

    What are the elections?

    • An election is a way people can choose their representatives of their preferences in a representative democracy. Elections enable people to judge the performance of the government.

    Why they are important?

    • Elections give people a chance to evaluate their leaders, chance to change the government.
    • Elections help the people in the selection of their representatives and it provides law making power directly to the people.
    • Elections make a fundamental contribution to democratic governance.

    Intra party electionWhat is mean by Intra party elections?

    • It is a mechanism to choose the candidates for various posts of the political through a democratic process, it’s a mandate given by the members of the party itself.
    • The intra-party election is a fundamental indicator to explore the authenticity of democratization and decentralization of political parties.

    Why elections are necessary within the political parties?

    • Internal debates: During intra party elections there would be contests between leaders. There will be debate, discussions some criticism, and differences of opinion. There should be a dialogue between the leaders, members and volunteers
    • Democratic culture: Political parties don’t have to be homogeneous in terms of both ideas and leadership. Political parties are aggregations of interests yet Party workers should not feel they are being ignored, that their efforts are not appreciated or not going in vain under the shadow of a leader came from the family lines.
    • Political career: Having these internal elections, meetings and contests of ideas is important.  Internal election is a key for upward mobility. It gives better understanding of the party’s idea, culture and the work process.
    • High command culture: High command culture is what we are witnessing today in India and South Asia is problematic for democracy, where all political parties are centralized. The few members at the helm are controlling even the smallest decisions about what party should do. Members are not able to express freely their personal views.
    • Feudalism: They are family-controlled parties, and dynastic politics has become a norm. Won’t be able to name more than three or four political parties which have survived 30 years in Indian politics and are today not controlled by apolitical family.
    • Favoritism: where you can only rise up the ranks in the system depending on the relationship you share with the first family of that party. Irrespective of difference of opinions with the top leaders of the party, the upward mobility majorly depends on the relationship.

    Intra party electionWhat is a Legal framework for election?

    There is no law for intra-party elections as of now.

    • Seshan effect: When T.N. Seshan was at the helm of the Election Commission of India (ECI); by an executive order political parties were ordered to conduct intra party elections. And because Seshan was a much respected and feared person, political parties complied with it. Since then, elections are held periodically in every recognized party.
    • What Constitution says: Article 324 says free and fair elections to parliament, state assemblies, president and vice-president. It doesn’t say anything about political party or election within.
    • What Courts argue: The courts have made an observation that nothing in Article 324 of the Constitution, or Section 29A of the Representation of the People Act, 1951 tells us that the ECI can actually regulate internal structures, organizations or elections of the party. Which is why parties, on the left or right, have not been conducting internal elections as we want them to conduct them

    Worldwide practice

    • USA: In the U.S. election, the selection of the candidate to be the presidential nominee is done via debate, in which the contenders condemn and criticize each other.
    • UK: In the U.K. Democracy should be at every level, and political parties are an essential pillar of democracy. Intra party election happens to choose the leader of party.

    What is state funding of election?

    • It is an idea where state or Government of India provides funding to political parties according to their electoral performance.
    • As of today, state does provide land at concessional rate, free air time on national television but today political parties do not come under RTI. Hence some suggest state funding of elections to regulate the behavior of political parties.

    What is the Role of Election Commission in organizational election of political parties?

    • The ECI does insist on organizational elections, but only gently. They do go through the process.
    • Election can happen only if there are two or more candidates in the fray. Getting elected unopposed is also a valid election. It is not just within the political parties, we have

    Seen it in panchayat elections and sometimes even in Lok Sabha and State Assembly elections that candidates have got elected unopposed.

    Intra party electionHow to fix the accountability of the political parties?

    • ECI re-interpreting the existing laws, as happened in the 1990s. ECI has to imagine its role as a regulator of these political parties and in some ways. They have to try out milder options.
    • Political parties are required to hold organizational elections regularly. The parties are required to inform the ECI about changes in their office-bearers.
    • They are required to submit a document of expenditure incurred during elections and in the non-election periods. But there is no cost attached to non-compliance.
    • Expert suggests state funding of election would ensure the accountability of parties as it will bring parties under ambit of RTI and voters can seek the expenditure report from parties. Election commission can also penalize party for non-compliance.

    Conclusion

    • Election for a gram panchayat or presidential it is always a booster for democracy. Intraparty elections are beneficial for party, contesting individual and country at large, it culminates into emergence of quality leadership which in turn a boon for good governance.

    Mains Question

    Q. Intra party elections are essential feature of healthy democracy. Discuss the role of election commission, the courts and the political parties for the healthy functioning of intra party democracy.

    Do follow

    Internal democracy in political parties

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  • Issues related to CBI

    CBIContext  

    • Despite several observations made by the Supreme Court of India (SC) against the inefficient functioning of the CBI nothing has happened to improve the situation.
    • The Enforcement Directorate (ED) is in the news now and often.

    Central Bureau of Investigation (CBI)

    • The Bureau of Investigation traces its origins to the Delhi Special Police Establishment, a Central Government Police force, which was set up in 1941 by the Government of India.
    • It then aimed to investigate bribery and corruption in transactions with the War and Supply Department of India.
    • It then had its headquarters in Lahore.
    • After the end of the war, there was a continued need for a central governmental agency to investigate bribery and corruption by central-government employees.
    • The DSPE acquired its popular current name, Central Bureau of Investigation (CBI), through a Home Ministry resolution dated in 1963.

    Mandate of the CBI

    • The CBI is the main investigating agency of the GoI.
    • It is not a statutory body; it derives its powers from the Delhi Special Police Establishment Act, 1946.
    • Its important role is to prevent corruption and maintain integrity in administration.
    • It works under the supervision of the CVC (Central Vigilance Commission) in matters pertaining to the Prevention of Corruption Act, 1988.
    • The CBI is also India’s official representative with the INTERPOL.

    CBICases to investigate

    • Cases connected to infringement of economic and fiscal laws
    • Crimes of a serious nature that have national and international ramifications
    • Coordination with the activities of the various state police forces and anti-corruption agencies.
    • It can also take up any case of public importance and investigate it
    • Maintaining crime statistics and disseminating criminal information.

    Notable cases cracked by CBI

    • Bhanwri Devi missing case: Jat leader and former Rajasthan minister Mahipal Maderna, Congress MLA Malkhan Singh and Bhanwari’s husband Amarchand were all part of the conspiracy to abduct and eliminate Bhanwari. Bhanwari had threatened to expose Malkhan’s relationship with her at the Bishnoi mahapanchayat.  Maderna, Malkhan, the three kidnappers and Sahiram along with Amarchand were arrested by the CBI.
    • Noida double murder case: In May 2008, the nation was shocked with the sensational double murders in Noida. The victims were Arushi Talwar and Hemraj Banjade. Initially, there was no clarity about the motive or the perpetrator of this ghastly crime. After a lengthy investigation which spanned close to 6 years, the CBI based on circumstantial evidence established that the parents of Aarushi Talwar, Rajesh Talwar and Nupur Talwar were the perpetrators of this crime.
    • The Satyam Case:  B Ramalinga Raju, the disgraced chairman of Satyam Computers Services Ltd, along with 13 individuals and entities including Chintalapati Srinivasa Raju of iLabs, made Rs 2,000 crore in illegal wealth in the Satyam scam. The CBI constituted a Multi-Disciplinary Investigation Team (MDIT) to investigate the case. The team worked hard, burnt midnight oil and achieved success in a record time of 45 days when it filed its first chargesheet against the accused for offences of criminal conspiracy, cheating, forgery and falsification of accounts.

    Issues with CBI

    • Caged parrot: The Supreme Court has criticized the CBI by calling it a “caged parrot speaking in its master’s voice”.
    • Political interference: It has often been used by the government of the day to cover up wrongdoing, keep coalition allies in line and political opponents at bay.
    • Investigation delay: It has been accused of enormous delays in concluding investigations due to political inertia.
    • Loss of Credibility: CBI has been criticised for its mismanagement of several cases involving prominent politicians and mishandling of several sensitive cases like Bofors scandal, Bhopal gas tragedy.
    • Lack of Accountability: CBI is exempted from the provisions of the Right to Information Act, thus, lacking public accountability.
    • Acute shortage of personnel: A major cause of the shortfall is the government’s sheer mismanagement of CBI’s workforce.
    • Limited Powers: The powers and jurisdiction of members of the CBI for investigation are subject to the consent of the State Govt., thus limiting the extent of investigation by CBI.
    • Restricted Access: Prior approval of Central Government to conduct inquiry or investigation on the employees of the Central Government is a big obstacle in combating corruption at higher levels of bureaucracy.

    Why was it called caged carrot by the Supreme Court?

    • Politicisation of the Central Bureau of Investigation (CBI) has been a work in progress for years.
    • Corruption and Politically biased nature, This was highlighted in Supreme Court criticism for being a caged parrot speaking in its master’s voice.
    • CBI has been accused of becoming ‘handmaiden’ to the party in power; as a result high profile cases are not treated seriously.
    • Since CBI is run by central police officials on deputation hence chances of getting influenced by government was visible in the hope of better future postings.

    Suggestions for the improvement of the functioning of the CBI under the supervision of the CVC

    1. One, the CVC Act should be amended, providing for a five/seven member Central Vigilance Commission, which could broadly assume the role visualised for the Lokpal. The selection process of the CVC members should be more broad based to prevent favouritism or from controversial persons being appointed.
    2. Two, the CVC should constitute an advisory committee of at least 11 members drawn from criminologists and forensic science experts. This will augment the professional input in its functioning. Further, to reduce the burden on the CVC, it should be given the power to go to any expert or professional to assist it in screening complaints.
    3. Three, the jurisdiction of CVC, which presently covers all employees of the central government and the CPSUs, should remain unchanged. There is already an administrative arrangement to delegate the vigilance administration over class II and lower formations to the ministries/departments concerned. However, if the lower formations are involved with the class I officers in a composite case, the CVC exercises a natural jurisdiction over all of them. To make this arrangement more effective, it would be important that the CVC exercises complete control over the selection, appointment and functioning of the CVOs.
    4. Four, the CVC should have an adequately experienced team to technically examine and assess the gravity of a complaint, which can then be assigned to the CBI for investigation or can be investigated by this team. After assessing a complaint by this broad-based CVC, there should be no need to seek prior permission from the government.
    5. Five, in the cases assigned to it by the CVC, the CBI should be made functionally and financially independent of the controls of any government ministry/department. The professional supervision over the investigations of the CBI should rest only with the CVC.
    6. Six, the manner of the appointment of the CBI Director should be broad based as in the case of the CVC members, whereas the other inductions/appointments in the CBI should be brought under the overarching supervision of the CVC.
    7. Seven, to achieve better synergy between anti-corruption laws and grievance handling, the laws relating to the whistle blowers and grievance redressal should be placed within the jurisdiction of the CVC.
    8. Eight, effective administration of anti-corruption laws at the grass roots is the key to responsible governance. The state and their anti-corruption agencies would, therefore, need to be equally insulated from the state government’s interference on similar lines.

    Reforming CBI

    • Need for autonomy:   As long as the government of the day has the power to transfer and post officials of its choice in the CBI, the investigating agency will not enjoy autonomy and will be unable to investigate cases freely.
    • Selection of director/ Officers: To ensure that the CBI is a robust, independent and credible investigation agency, there is an urgent need to work out a much more transparent mechanism for selection and induction of officers on deputation.
    • Lokpal scrutiny: The Lokpal Act already calls for a three-member committee made up of the PM, the leader of the opposition and the CJI to select the director.
    • Bifurcation of Cadre: CBI should be bifurcated into an Anti-Corruption Body and a National Crime Bureau.
    • Develop own cadre: One of the demands that have been before Supreme Court, and in line with international best practices, is for the CBI to develop its own dedicated cadre of officers.
    • Annual social audit should be carried out by ten reputed, knowledgeable persons with background of law, justice, public affairs and administration and the audit report should be placed before the parliament.

    About Enforcement Directorate (ED)

    • It goes back to May 1, 1956, when an ‘Enforcement Unit’ was formed in the Department of Economic Affairs.
    • It then aimed for handling Exchange Control Laws violations under the Foreign Exchange Regulation Act (FERA).
    • The ED today is a multi-dimensional organisation investigating economic offences under the Prevention of Money Laundering Act (PMLA), Fugitive Economic Offenders Act, Foreign Exchange Management Act and FERA.

    CBIFrom where does the ED get its powers?

    • When proceeds of crime (property/money) are generated, the best way to save that money is by parking it somewhere, so one is not answerable to anyone in the country.
    • Therefore, there was a need to control and prevent the laundering of money.
    • The PMLA was brought in for this exact reason in 2002, but was enacted only in 2005.
    • The objective was to prevent parking of the money outside India and to trace out the layering and the trail of money.
    • So as per the Act, the ED got its power to investigate under Sections 48 (authorities under act) and 49 (appointment and powers of authorities and other officers).

    At what stage does the ED step in when a crime is committed?

    • Whenever any offence is registered by a local police station, which has generated proceeds of crime over and above ₹1 crore, the investigating police officer forwards the details to the ED.
    • Alternately, if the offence comes under the knowledge of the Central agency, they can then call for the First Information Report (FIR) or the chargesheet if it has been filed directly by police officials.
    • This will be done to find out if any laundering has taken place.

    CBIWhat differentiates the probe between the local police and officers of the ED?

    Case study:

    • If a theft has been committed in a nationalised bank, the local police station will first investigate the crime.
    • If it is learnt that the founder of the bank took all the money and kept it in his house, without being spent or used, then the crime is only theft and the ED won’t interfere because the amount has already been seized.
    • But if the amount which has been stolen is used after four years to purchase some properties, then the ill-gotten money is brought back in the market.
    • Or if the money is given to someone else to buy properties in different parts of the country, then there is ‘laundering’ of money.
    • Hence the ED will need to step in and look into the layering and attachment of properties to recover the money.
    • If jewellery costing ₹1 crore is stolen, police officers will investigate the theft. The ED, however, will attach assets of the accused to recover the amount of ₹1 crore.

    CBIWhat are the other roles and functions of the ED?

    • The ED carries out search (property) and seizure (money/documents) after it has decided that the money has been laundered, under Section 16 (power of survey) and Section 17 (search and seizure) of the PMLA.
    • On the basis of that, the authorities will decide if arrest is needed as per Section 19 (power of arrest).
    • Under Section 50, the ED can also directly carry out search and seizure without calling the person for questioning.
    • It is not necessary to summon the person first and then start with the search and seizure.
    • If the person is arrested, the ED gets 60 days to file the prosecution complaint (chargesheet) as the punishment under PMLA doesn’t go beyond seven years.
    • If no one is arrested and only the property is attached, then the prosecution complaint along with attachment order is to be submitted before the adjudicating authority within 60 days.

    Can the ED investigate cases of money laundering retrospectively?

    • If an ill-gotten property is acquired before the year 2005 (when the law was brought in) and disposed off, then there is no case under PMLA.
    • But if proceeds of the crime were possessed before 2005, kept in storage, and used after 2005 by buying properties, the colour of the money is still black and the person is liable to be prosecuted under PMLA.
    • Under Section 3 of PMLA, a person shall be guilty of money-laundering, if such person is found to have directly or indirectly attempted to indulge or knowingly assist a party involved in one or more of the following activities:
    • Concealment; possession; acquisition; use; or projecting as untainted property; or claiming as untainted property in any manner etc.

    Allegations against ED

    • Huge discretions: The ED is the only Central agency in the country that does not require permission from the government to summon or prosecute politicians or government functionaries for committing economic offences like money laundering.
    • Used for petty crimes: PMLA is pulled into the investigation of even “ordinary” crimes and assets of genuine victims have been attached.
    • Actual purpose denigrated: PMLA was a comprehensive penal statute to counter the threat of money laundering, specifically stemming from the trade in narcotics.
    • Violations of Rights: PMLA was enacted in response to India’s global commitment to combat the menace of money laundering. Instead, rights have been “cribbed, cabined and confined”.
    • Functional opacity: There is also a lack of clarity about ED’s selection of cases to investigate. We often see ED raiding houses of opposition parties suddenly.
    • Poor rate of conviction: We have hardly read the conclusion of cases by ED. Meantime media-trial tears off the accused person’s credibility which is the most desired intent.
    • Under-trials and slower prosecution: ED has been focusing on keeping the accused in custody rather than actually proving the charges against them.

    Challenges to ED

    • ED being dragged to court: The petitions against the ED had the effect of slowing down the investigations, as officers have to defend themselves in court.
    • Foul crying politicians: There are attempts to cover up unexplained, high-value transactions that fall within the PMLA’s ambit
    • Investigation of foreign transactions: Getting information on accounts and money stashed abroad to establish a trail is the biggest challenge they face.

    Way forward

    • The fight against corruption is intimately linked with the reform of the investigations.
    • Therefore the adjudicating authorities must work in cooperation and ensure the highest standards of transparency and fairness.
    • ED has been walking a tightrope to safeguard its integrity by speeding up investigations and court procedures.
    • The need of the hour could be systemic fixes—and not shrill calls to throw the baby out with the bathwater.
    • It is unlikely that corruption can be substantially reduced without modifying the way government agencies operate.

    Conclusion

    • It is for the nation to demand that the country’s premier investigating agencies like the CBI, income tax authorities and the ED are not used as instruments of blackmail and intimidation by the government of the day. Rather they should work with complete objectivity and in the interest of the nation.

    Mains question

    Q. CBI and ED was called caged carrot by the Supreme Court. Do you agree with this? What issues are being faced by these premier agencies? Suggest some dynamic solutions to overcome these issues.

    Do follow

    [Burning Issue] Enforcement Directorate (ED): Dreaded nightmare of Indian Politicians & Businessmen

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  • Kyrgyzstan-Tajikistan Conflict

    conflict

    Nearly 100 people have been killed and scores injured in violent border clashes between Kyrgyzstan and Tajikistan over the last week.

    What is the Kyrgyzstan-Tajikistan Conflict?

    • The clashes are replaying old pre- and post-Soviet era legacies.
    • The borders of the two republics were demarcated under Joseph Stalin’s leadership.
    • Historically, the Kyrgyz and Tajik populations enjoyed common rights over natural resources.
    • The issue of the delimitation of the border is a relic of the Soviet era.
    • While regular talks have tried to resolve the issue, one of the crucial points of disagreement remains over the map which should be used for demarcation purposes.
    • Almost half of its close to a 1000 km border is disputed.

    Genesis of the dispute

    • The creation of the Soviet Union saw the large-scale redistribution of livestock to collective and state farms, which upset the existing status quo.
    • Unfortunately, there was only so much land to go around.
    • The Tajik territory of Batken saw their livestock increase, and with scarce grazing land, agreements were signed between the two populations over the utilisation of Kyrgyz territory by the Tajiks’ livestock.

    What is happening now at the border?

    • The last few weeks have seen constant shelling, violent confrontations by local communities, and active engagement by security forces on either side.
    • The Batken region of Kyrgyzstan is seeing families being moved out and getting relocated.
    • According to Kyrgyzstan, close to 1,50,000 people out of the 5,50,000 odd population of the Batken region have either fled the area or have been relocated by the state.
    • The situation in Osh, Kyrgyzstan, is no different. The highly militarised borders also add to tensions.

    Significance of Batken

    • The Batken region, bordering Tajikistan and Uzbekistan in the south of the country, is one of the seven regions of Kyrgyzstan with its natural underground and water resources, natural beauty, smooth transit routes and a population of around 500,000.
    • Located 750 kilometers (466.02 miles) from Bishkek, the capital of Kyrgyzstan, and in the southwest of the country, the Batken region is located on the edge of the famous Fergana Valley in Central Asia.
    • Fergana Valley includes Fergana, Namangan, Andijan in Uzbekistan, Hocand in Tajikistan, Osh, Jalalabad and Batken in Kyrgyzstan.
    • The Batken region borders the Republic of Uzbekistan in the northeast and the Republic of Tajikistan in the southwest and north.
    • Covering 8.5% of Kyrgyzstan’s land, the region has agricultural, underground, water and energy resources, as well as oil and natural gas resources, albeit small.

    What led to the current flare-up?

    • The ideological basis of the current set of clashes is reinforced by developmental issues, thus providing a fertile ground for the entire geopolitical space to become a hotbed of multiple minor conflicts and clashes.
    • The groups from either side planted trees in disputed areas and engaged in a physical confrontation using agricultural equipment as weapons.

    Why are the clashes occurring now?

    • The collapse of the Soviet Union and the subsequent dissolution of the then-existing water and land agreements saw the creation of multiple smaller independent farms.
    • This has led to a marked increase in water consumption patterns among the farmers.
    • Both countries share multiple water channels with undulating trajectories and flow, which upset equitable access to water on both sides.
    • As a result, small-scale conflicts occur practically every year during the crucial irrigation period.

    What is the road ahead?

    • The path to resolution of the conflict will require groups to agree upon a common map.
    • Russia often brokers between the two.
    • The international community will have to make efforts to solve the dispute by involving elders in the communities, as historically, elders have been used to resolve conflicts.
    • The informal small-scale governance mechanisms would also have to be further strengthened through a concerted effort by the respective countries to stabilize the geopolitical dynamics.

     

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  • Why the India China Border situation is still risky?

    india china borderContext

    • According to the consensus reached in the 16th round of India China Corps Commander Level Meeting, the Indian and Chinese troops in the area of Gogra-Hotsprings (PP-15) have begun to disengage in a coordinated and planned way. With disengagement at PP 15 India China border, forces of the two countries have disengaged at all friction points in the region which included the North and South banks of the Pangong Tso, PP 14, PP 15 and PP 17A.

    India china borderWhy the India-China Border situation is still risky?

    The tentative conciliatory steps between two nuclear-armed rivals are important; but they also carry risks, especially for India. The risks are as follows:

    • Uneasy peace: Despite the latest round of disengagement, the LAC remains deeply unsettled. Observers have pointed out that the buffer zones produced by the crisis inhibit India’s ability to patrol its own territory.
    • Un-resolve areas: India and China have tacitly agreed to postpone settlement at two other confrontation sites, particularly tactically valuable area known as Depsangand Charding Nala regions.
    • Persisting threat: The reinforcements that each side deployed since 2020 have not returned to garrison. Even if future rounds of talks continue “disengagement and de-escalation,” and reduce those forces, returning to the status quo ante is now impossible.
    • Border infrastructure: Both sides on India China border are racing towards building permanent military infrastructure near the border, to help them surge forces to the border. Unsurprisingly, China seems to have outpaced India in building these roads, helipads, and communications nodes.
    • Possibility of conflict: The increasing capabilities and mobility on both sides of the border means that a crisis can more quickly escalate to a large military stand-off anywhere on the LAC, and possibly even trigger a conflict

    india china borderWhat are the Strategic implications?

    • Changing priorities: India has reassigned one of three originally Pakistan-facing Strike Corps to the China front. It has deployed its newest artillery, jets, and drones to the China border.
    • Unattended Indian Ocean: India has not yet improved its capabilities or posture in the Indian Ocean region significantly.
    • Diversion from real threat: With the border crisis, China seems to have successfully fixed India’s gaze to the land border, at the expense of that more consequential competition over the Indian Ocean.
    • Loss of grazing: Ladakh’s elected representatives said the disengagement has caused loss of huge grazing land as it would now be converted into no man’s land.

    india china borderSteps taken by India

    • Increasing capability: from cruise missile-equipped fighter jets and U.S.-origin naval helicopters to a brand-new indigenously-built aircraft carrier.
    • Atmanirbhar Bharat: India undertook several structural economic reforms for strengthening domestic capability and reducing the economic parity between two nations. Defence ministry has decided to increase CAB (capital acquisition budget), around 64% of modernization fund around 70000 cr. has been allocated for purchasing from domestic market. Atma Nirbhar Bharat and Make in India mission will also include Defence sector, we can see the local or private companies can also participate in procurement of defence equipment
    • Defence India Start-up Challenge (DISC): Started by the defence ministry and over 1200 MSMEs participated in the fourth edition of the DISC in 2020. The government has prepared a negative list, it include light combat helicopters, artillery guns; these items will not be imported by anyone thus encouraging self-reliant India.
    • The SRIJAN portal: Launched to facilitate the two initiatives, Atmanirbhar Bharat and make in India
    • Sagarmala project: The sagarmala project has been started to revamp port Infrastructure which is a welcome step in modernization.

    Conclusion

    • For china Deception is diplomacy. Time and again China tries a deception strategy from its Confucius doctrine to defeat its enemy. From 1962 to 2022 India has made a lot of progress in military and economic sphere but China is way ahead than us. Strategic competition between two Asian giants will continue foreseeable future. So as long as India doesn’t gain domestic capabilities it would be prudent step to undertake strategic balancing.

    Mains Question

    Q. India has decided to maintain a strategic balance with china rather than being subsidiary to china. Discuss.

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