Mexican President has proposed the setting up of a commission called ‘Commission of Global Notables’ comprising Prime Minister Narendra Modi.
Commission of Global Notables
Apart from Mr. Modi, the proposed “commission of global notables” includes Pope Francis and the UN Secretary-General Antonio Guterres.
This is yet a proposal in writing presented to the UN
It is understood that the list will find mention during the annual session of the UN General Assembly that will convene in September.
PM Modi and other leaders of the Member States are expected to participate in the session when the global body will discuss the crises in Ukraine, Gaza Strip and the regional tension over Taiwan.
Significance for India
This shows significance of India under the present regime under PM Modi. We have to admit that India’s soft power is ever increasing.
PM Modi has also received high honours from the United Arab Emirates, Russia, Saudi Arabia, Bhutan and several other countries since since the beginning of his first stint in May 2014.
That apart, he has also received awards from international non-government organisations.
The Union Cabinet has approved the signing of an Audio Visual Co-production Treaty between India and Australia, which is aimed at facilitating joint production of films between the two countries.
India – Australia Relations
Both the countries share the ethos and values of pluralism, liberal democracy, steadfast commitment to rule of law, Commonwealth traditions, international peace, development and security.
The establishment of diplomatic relations between them dates back to the Pre-independence era. It started with the opening of the Consulate General of India as a Trade Office in Sydney in 1941.
Since then the ties have blossomed and currently, they enjoy a multi-faceted cooperation spanning areas of political interactions, economic collaboration, scientific research, strategic convergence, friendly people-to-people ties especially diaspora links and sporting ties of hockey and cricket.
Areas of cooperation
1.Political Dimension
Both the countries are members of G-20, ASEAN Regional Forum (ARF), IORA (Indian Ocean Rim Association), Asia Pacific Partnership on Climate and Clean Development, East Asia Summit and the Commonwealth. Australia has been extremely supportive of India’s quest for membership of the APEC (Asia Pacific Economic Cooperation).
Australia whole-heartedly welcomed India s joining of the MTCR (Missile Technology Control Regime).
2. Economic Dimension
In recent years, the India-Australia economic engagement has magnified significantly. Australia has been very appreciative of economic reforms undertaken by India and its improving ease of doing business rankings because of the reforms was undertaken by the current government. India has welcomed Australia to participate in its Make in India, Smart Cities, AMRUT (Atal Mission for Rejuvenation and Urban Transformation), Clean Ganga Project etc. initiatives.
India and Australia are partners in the trilateral Supply Chain Resilience Initiative (SCRI) arrangement along with Japan which seeks to enhance the resilience of supply chains in the Indo-Pacific Region.
Recently, India signed a historic trade agreement with Australia, the India-Australia Economic Cooperation and Trade Agreement (Ind- Aus ECTA).
It is the first Free Trade Agreement (FTA) that India has signed with a major developed country in over a decade. Credit: Business Standard
The current government has invited Australia s private sector participation in Indian economy. It says red tape in India has been replaced by red carpet and has welcomed private investors.
3.Trade and Economic
The establishment of India-Australia Joint Ministerial Commission (JMC) in 1989 encouraged dialogue at a government and business level on multiple issues of trade and investment.
India-Australia CEO Forum is a significant mechanism through which business leaders from both nations engage in mutually fruitful dialogue to enhance bilateral trade and investment relationship. The Forum consists of heads of Indian and Australian business from multiple sectors like energy and resources, agri-business, financial sector, telecommunications, IT, education and pharmaceuticals. The last meeting of the Forum was held in New Delhi on 29th August 2017.
The city of Canberra, Australia hosted the seventh India-Australia Economic Policy Dialogue during 16-18 July 2017.
India’s main exports to Australia are Refined Petroleum, medicaments, while our major imports are Coal, copper ores & concentrates, Gold, and education related services.
India s major imports from Australia are coal, non-monetary gold, copper, wool, fertilizers, wheat, vegetables and education-related services.
India and Australia have been each other’s important trading partners.
Australia is the 17th largest trading partner of India and India is Australia’s 9th largest trading partner.
India-Australia bilateral trade for both merchandise and services is valued at USD 27.5 billion in 2021.
India’s merchandise exports to Australia grew 135% between 2019 and 2021. India’s exports consist primarily of a broad-based basket largely of finished products and were USD 6.9 billion in 2021.
India’s merchandise imports from Australia were USD 15.1 billion in 2021, consisting largely of raw materials, minerals and intermediate goods.
4.Civil Nuclear Cooperation Agreement
A Civil Nuclear Cooperation Agreement between the two countries was signed in September 2014 during the visit of the Australian Prime Minister to India. The agreement came into force from 13 November 2015.
The Australian Parliament passed the “Civil Nuclear Transfer to India Bill 2016” on 01 December, 2016 which ensures that Uranium mining companies in Australia may fulfil contracts to supply Australian uranium to India for civil use with confidence that exports would not be hindered by domestic legal action challenging the consistency of the safeguards applied by the IAEA in India and Australia’s international non-proliferation obligations.
It also ensures that any future bilateral trade in other nuclear-related material or items for civil use will also be protected.
5.Defence Cooperation
The Mutual Logistics Support Agreement has been signed during the summit that should enhance defence cooperation and ease the conduct of large-scale joint military exercises.
There is a technical Agreement on White Shipping Information Exchange.
Recently Australia and India conducted AUSINDEX,their largest bilateral naval exercise, and there are further developments on the anvil, including Australia’s permanent inclusion in the Malabar exercise with Japan.
In 2018, Indian Air Force participated for the first time in the Exercise Pitch Blackin Australia. The third edition of AUSTRAHIND(Special Forces of Army Exercise) was held in September 2018.
A broader maritime cooperation agreement with a focus on Maritime Domain Awareness (MDA) is also in the works and Australia has agreed to post a Liaison Officer at the Indian Navy’s Information Fusion Centre – Indian Ocean Region (IFC-IOR) at Gurugram.
6.Education
Under the New-Colombo Plan of Australian government, 900 Australian undergraduates have studied and completed internships in India during the period 2015-16
7.Diaspora
The Indian community in Australia has the population of nearly half a million (2.1 % of the population), and another over 1,50,000 persons of Indian descent immigrated from other countries (Fiji, Malaysia, Kenya and South Africa).
India is one of the top sources of skilled immigrants to Australia.
8.Energy Cooperation
A Joint Working Group on Energy and Minerals was established in 1999 to expand bilateral relationship in the energy and resources sector. The 8th JWG meeting held in New Delhi in June 2013.
As energy is one of the central pillars of economic cooperation, both sides agreed during the visit of our Prime Minister to Australia in November 2014 to cooperate on transfer of clean coal technology and welcomed Australia’s desire to upgrade the Indian School of Mines, Dhanbad.
9. International cooperation
India and 62 other countries have backed a draft resolution led by Australia and the EU to ‘identify the zoonotic source’ of Covid-19 and its ‘route of introduction’ to humans.
Australia supports India’s candidature in an expanded UN Security Council.
Both India and Australia are members of the Commonwealth, IORA, ASEAN Regional Forum, Asia Pacific Partnership on Climate and Clean Development, and have participated in the East Asia Summits.
Australia is an important player in APEC and supports India’s membership of the organisation. In 2008, Australia became an Observer in SAARC.
Both countries have also been cooperating as members of the Five Interested Parties (FIP) in the WTO context.
An India Economic Strategy to 2035
In 2018, Australia’s Prime Minister has announced implementation of “An India Economic Strategy to 2035”, a vision document that will shape India-Australia bilateral ties.
It is based on three-pillar strategy- Economic ties, Geostrategic Engagement and Rethinking Culture-thrust on soft power diplomacy.
The focus of this report is on building a sustainable long-term India economic strategy.
The report identifies 10 sectors and 10 states in an evolving Indian market where Australia has competitive advantages, and where it should focus its efforts. These are divided into a flagship sector (education), three lead sectors (agribusiness, resources, and tourism) and six promising sectors (energy, health, financial services, infrastructure, sport, science and innovation).
Significance of the Relations
Australia is one of the few countries that has managed to combat COVID-19 so far through “controlled adaptation” by which the coronavirus has been suppressed to very low levels. Two of the leaders of this great Australia-wide effort are Indian-born scientists.
From farming practices through food processing, supply and distribution to consumers, the Australian agribusiness sector has the research and development (R&D) capacity, experience and technical knowledge to help India’s food industry improve supply chain productivity and sustainability and meet the challenges of shifting consumption patterns.
Australia is the 13th largest economy in the world, following closely behind Russia which stands at $1.6 trillion.
Australia is rich in natural resources that India’s growing economy needs.
It also has huge reservoirs of strength in higher education, scientific and technological research.
The dominance of Indo-Pacific countries in India’s trade profile: Fostering deeper integration between India and Australia will provide the necessary impetus to the immense growth potential of the trade blocs in this region.
The two countries also have increasingly common military platforms as India’s defence purchases from the U.S. continue to grow.
Australia has deep economic, political and security connections with the ASEAN and a strategic partnership with one of the leading non-aligned nations, Indonesia. Both nations can leverage their equation with ASEAN to contain China.
The Indo-Pacific region has the potential to facilitate connectivity and trade between India and Australia.
Being geographically more proximate than the US or Japan, India and Australia can emerge as leading forces for the Quad.
Associated Issues
Trade deficit: India’s trade deficit with Australia has been increasing since 2001-02 due to India-Australia Free Trade Agreement. It is also a contentious issue in the ongoing RCEP negotiations which India left.
India’s desire for visa reforms in Australia, which would permit more Indian workers to seek employment in Australia, remains unmet. India wants greater free movement and relaxed visa norms for its IT professionals, on which Australia is reluctant. Australia and India are yet to nurture a common bilateral ground to figure out the basis of their cooperation.
The formation of the Japan–America–India (JAI) partnership at the G20 summit in Buenos Aires in 2018 is cause for Australian concern. India’s unwillingness to invite Australia to participate in the Malabar naval exercise, despite Australian lobbying, has sparked speculation over the fate of the Quadrilateral Consultative Dialogue (the ‘Quad) involving India, Australia, Japan and the United States.
Building consensus on non-nuclear proliferation and disarmament has been a major hurdle given India’s status as a nuclear power. Trade and maritime security on the other hand seem the most viable points of collaboration. Although a defence agreement was signed in 2014, the defence relationship has yet to develop fully.
Although security has received a lot of significance in the relationship, in practice Australia-India defence cooperation remains relatively undeveloped. There are a considerable number of defence and security dialogues between the two countries, but none has been translated into more substantive cooperation.
Increasing Racist attacks on Indians in Australia has been a major issue. The relationship was further strained over the attacks on Indian students studying in Melbourne, and the resulting media coverage caused serious damage to Australia’s standing in India.
Need of the Hour
Upgradation of 2+2 talks. In addition, it may be prudent too for New Delhi and Canberra to elevate the ‘two plus two’ format for talks from the Secretary level to the level of Foreign and Defence Ministers.
Utilising current innovations in digital trade; such digitisation of economic activities has changed the landscape of trade, enhancing associations between economies and, in particular, South-South flows.
Removal of trade barriers would lead to an increase in the exports of these commodities, although the increasing number of disputes at the WTO with regard to the Australian sector can act as a serious impediment.
India and Australia have a strong track record of collaborating in research and innovation. The $84 million Australia-India Strategic Research Fund (AISRF) is Australia’s largest. The Australian Government’s $1.1 billion National Innovation and Science Agenda presents new opportunities to engage with India. The agenda resonates well with India’s ‘Start-up India’ and ‘Make in India’ campaign.
It is evident in policy areas such as maritime security, climate change, energy security, law enforcement, governance and the politics of security institutions.
Engaging Indonesia, Japan, France and Britain for securing Indo-Pacific
An ‘engage and balance’ China strategy is the best alternative to the dead end of containment. The role of the US is of particular importance as it has recently been a driver of efforts towards bringing similarly aligned states in counterbalancing China.
Conclusion
Their ties are extremely important for the Indo-Pacific region which is in flux. They stand out for their solemn commitment towards democratic values, international peace, rule of law, development and multiculturalism.a
In an ongoing case, the Peoples’ Union for Civil Liberties asked the Supreme Court to issue guidelines to regulate media briefings by the police to ensure fair trial.
This has left the judiciary with no choice but to deliberate on binding directives to the police.
What is Media Trial?
Media Trial is when various newspapers, magazines, television channels, social media websites interpret facts of a particular case and present them in front of the general public.
In India, we have witnessed media trials in many cases where before the verdict of the Indian judiciary, the media channels frame an accused in such a manner that the general public believes him/her to be the person guilty of such offence.
Media Trial is not prohibited in India, but it influences the views and opinions of the general public as well as judges and lawyers.
Issue of media trial
[A] For Police
(1) Investigation fouling
In criminal cases that attract the most sensationalist media coverage, media attention is often drawn toward investigation and early trial stages.
This makes the police a crucial source for the media and communication between the two institutions is often a starting point of the troubles of media trials.
(2) Unregulated divulgence of case details
Leakage of information by police force and disproportionate reliance on this information by the media results in a public stripping of the rights that typically accompany a fair trial.
(3) Blow to procedural justice
Most police departments do not have dedicated media cells, making officials of all levels authoritative sources of information and blurring the boundaries between an official and informal police account of events.
As a result, the evidence-based narrative of criminal cases presented by the police to a court varies significantly from the account provided to the news media.
This is detrimental for the persons involved in the case, and the justice system as a whole.
[B] For Judiciary
(1) Violation of the rights of litigants
Reportage of this nature violates the presumption of innocence and the right to dignity and the privacy of suspects, the accused, victims, witnesses and persons closely related to them.
They often face social ostracization and difficulties in retaining employment, making them vulnerable to crime and exploitation.
(2)Disharmony
Police narratives are sometimes designed to achieve political goals, and the media’s ready acceptance of these narratives does little to prevent their insidious effects.
Given the media’s ability to shape political opinion, law enforcement agencies are sometimes under pressure to selectively reveal certain facets of the investigation or to mischaracterise incidents as communal or systemic.
What should be the role of Media?
Contextualization: Problematic news coverage of criminal cases arises when reporters absolve themselves of any duty to contextualise information revealed by the police.
Verification of the facts: Media ethics extend beyond verification of facts to check its Authencity.
Create public awareness: Apart from making sure that police narratives are accurate before making them public, reporters bear the burden of translating the significance of police versions in a criminal trial.
Prevent mistrust in institutions: It is meant to protect, and contributes considerably to the public apprehension and mistrust in the system.
Why is news media being hyperactive?
We should remember that the new media as an institution is NOT a not-for-profit organization.
The negligence can be attributed to the changing nature of the newsroom, responding to deadlines externally set by competing social media accounts that now qualify as news.
Court directives and legal provisions
Ans: The Romila Thapar vs Union of India, (2018) Case
Courts have repeatedly directed law enforcement authorities not to reveal details of their investigations, especially the personal details of the accused, before trial is complete.
It calls for states to enact their own laws based upon social construct.
The Ministry of Home Affairs issued office memorandum outlining a media policy over a decade ago, but this is of limited value given that ‘Police’ is an entry in the State List and thus falls primarily within the jurisdiction of State governments.
Way forward
Uniform regulation: Government regulation is not uniform for print and television media and enforcement of these regulations, where it occurs, is slow.
Prevent overt regulation: In any event, Government regulation of the media is problematic and likely to increase politicization of the press.
Strengthening self-regulation: Self-regulation set-ups such as the National Broadcasting Standards Authority and Indian Broadcasting Foundation are membership-based and easily avoided by simply withdrawing from the group.
Reconcile the public faith: It is now in the immediate interest of the media and the general interest of free press, that media institutions look inward to find an answer to what is essentially an ethical crisis.
Conclusion
The media’s immense power to shape narratives regarding public conceptions of justice makes it a close associate of the justice system, bringing with it a responsibility to uphold the basic principles of our justice system.
The media should feel subject to the obligation to do its part in aiding mechanisms that aim to preserve these principles.
Recently, a three-judge bench of the Supreme Court of India delivered a significant order, clarifying that the right to a medical abortion that was available to married women could not be denied to unmarried women.
Background of the case
The SC’s order granting permission to undergo an abortion was passed in the case of a petitioner who was in a consensual relationship, and whose partner deserted her.
The Delhi High Court had denied the petitioner’s right to terminate her pregnancy.
Rule 3B of the Medical Termination of Pregnancy Rules 2003, lays down the categories of women who are eligible for termination of pregnancy up to 24 weeks:
Survivors of sexual assault or rape or incest; minors; where there is a change of marital status during the ongoing pregnancy (widowhood and divorce); women with physical and mental disabilities, women with pregnancies in humanitarian settings; foetal “malformations” that have a substantial risk of being incompatible with life, or which, if the child is born, may cause it to suffer from a serious physical or mental handicap.
The High Court found that the petitioner had not undergone a “change in marital status”.
The SC found that prima facie, the High Court had been too restrictive in its approach, and that the term “change in marital status” should be given a purposive interpretation.
Three key judgments
The Supreme Court in this casebased this finding on the 2021 Amendment to the MTP Act, which no longer restricts itself to an unwanted pregnancy between a “husband” and “wife”, but to a woman and her “partner”, by marriage or not.
The Court relied on three key judgements:
1] The 2010 S Khushboo case, which recognised the legality of live-in relationships and pre-marital sex.
2] The 2009 Suchita Srivastava case, which recognised that a woman’s right to make reproductive choices is part of the “personal liberty” guaranteed under Article 21.
3] The 2017 K S Puttaswamy case, which reaffirmed that women’s right to bodily integrity is part of the fundamental right to privacy.
The Court observed: The statute has recognised the reproductive choice of a woman and her bodily integrity and autonomy.
Contrast with rights in the US: The SC’s order attains significance in contrast to the recent Dobbs decision in the US.
Constitutional rights are interconnected: Unravel one and the entire edifice of protections could fall apart.
Conclusion
The Supreme Court offers hope that right to abortion won’t be restricted by a woman’s marital status.
India has termed Gaza violence as grave concern and called for immediate resumption of talk between Israel and Palestine.
Here we explain the roots of the Israel-Palestine conflict, the two-state solution and why it has not materialized.
What is the Israel-Palestine conflict?
The land to which Jews and Palestinians lay claim to was under the Ottoman Empire and then the British Empire in early 20th century.
Palestinian people —the Arab people from the same area— want to have a state by the name of Palestine in that area.
The conflict between Israelis and Palestinians is over who gets what land and how it’s controlled.
Jews fleeing the persecution in Europe at the time wanted to establish a Jewish state on the land which they believe to be their ancient homeland.
The Arab at the time resisted, saying the land was theirs.
The land at the time was called Palestine.
In 1917’s Balfour Declaration, the United Kingdom declared its support for the establishment of a “national home for the Jewish people” in Palestine.
Arabs resisted it which led to violence.
When did the migration begin?
Some 75,000 Jews migrated to Palestine from1922-26 and some 60,000 Jews emigrated in 1935, according to a history published by the University of Central Arkansas.
It adds that Palestinian Arabs demanded the UK to halt Jewish emigration, but the UK ignored such calls. There were violent incidents, leading to deaths of some 500 people.
In 1923, the British Mandate for Palestine came into effect.
The document was issued by the League of Nations, the failed predecessor of the United Nations (UN).
The Mandate gave the UK the responsibility for creating a Jewish national homeland in the region.
In 1936, the UK government, recommended the partition of Palestine into Jewish and Arab states.
Issue at the UN
In 1947, Britain referred the issue of Palestine to the UN, which came up with a partition plan.
It put up two proposals. One, two separate states joined economically —the majority proposal— and, two, a single bi-national state made up of autonomous Jewish and Palestinian areas, the minority proposal.
The Jewish community approved of the first of these proposals, while the Arabs opposed them both.
Israel declares independence
In May 1948, Israel declared its independence.
The Arab countries of Lebanon, Syria, Iraq, and Egypt invaded the newly-declared country immediately.
When the war ended, Israel gained some territory formerly granted to Palestinian Arabs under the UN resolution in 1947.
It also retained control over the Gaza Strip and the West Bank respectively.
The two-state solution and why it hasn’t worked out
The two-state solution refers to an arrangement where Israeli and Palestinian states co-exist in the region.
However, such a solution has not materialised over the decades.
As outlined in the beginning and in the briefly explained roots of the conflict, the two-state solution means two separate states for Israelis and Palestinians.
There are four main reasons why the two-state solution has not materialized by now:
[1] Borders
There is no consensus as to how to draw the lines dividing the two proposed states.
Many people say borders should have pre-1967 lines.
In 1967 Israeli-Arab war, Israel captured Sinai Peninsula, Gaza Strip, West Bank, Old City of Jerusalem, and Golan Heights.
Israel is not willing to give up these gains. It returned Sinai to Egypt in 1982.
Moreover, there is the question of Israeli settlements in West Bank.
[2] Question of Jerusalem
Both Israel and Palestinians claim Jerusalem as their capital and call it central to their religion and culture.
The two-state solution typically calls for dividing it into an Israeli West and a Palestinian East, but it is not easy to draw the line — Jewish, Muslim and Christian holy sites are on top of one another.
Israel has declared Jerusalem its ‘undivided capital’, effectively annexing its eastern half, and has built up construction that entrenches Israeli control of the city.
[3] Refugees
A large number of Palestinians had to flee in the 1948 War.
They and their descendants —numbering at 5 million— demand a right to return. Israel rejects this.
The return of these people would end the demographic majority of Jews, ending the idea of Israel that’s both democratic and Jewish.
[4] Security
Security concerns are also central to Israel as it’s constantly harassed by terrorist group Hamas that controls Gaza Strip.
Hamas and other Islamist group in Gaza launch rockets into Israel time-to-time.
Moreover, there are also concerns of Palestinians’ attack inside Israel.
This year in March-April, at least 18 Israelis were killed in Palestinian attacks inside Israel.
A total of 27 Palestinians were also killed in the period, including those who carried out attacks inside Israel. Palestinians too have their concerns.
For Palestinians, security means an end to foreign military occupation.
Why the two-state solution is needed?
Besides fulfilling the basic desire of both Jews and Arabs of their own states, supporters of two-state solutions say it must be backed because its alternatives are simply not workable.
A single state merging Israel, West Bank, and Gaza would reduce Jews to a minority.
At the same time, in such a state, Jews would be a significant minority which would mean that the Arab majority would be miffed.
Moral reasoning too for a two-state solution
It says that the aspirations of one person should not be overridden for others’ aspirations.
It’s a struggle for collective rights between two distinct groups of people.
Jews are the global micro-minority with a very small piece of land to exist.
Depriving Israeli Jews of a Jewish state or Palestinians of a Palestinian state would represent a subordination of one group’s aspirations to someone else’s vision.
Way forward
India opines that long-term peace in Israel and Palestine can be achieved only through a negotiated two-State solution leading.
This can be done with the establishment of a sovereign, independent and viable State of Palestine living within secure and recognized borders.
Two countries will commemorate next year the 75th anniversary of the signing in New Delhi of the 1948 Treaty of Friendship.
Cooperation between two countries in various area
Switzerland and Indian partners are collaborating on digital transformation, sustainability, health, life sciences, medtech, infrastructure, cleantech, fintech, blockchain, AI and robotics.
Innovation and investment continue to be the primary drivers of our bilateral relations.
With over 330 Swiss companies, Switzerland is the 12th largest investor in India.
About 100 Swiss companies manufacture locally and support the Make in India initiative.
Trade talks between Switzerland (European Free Trade Association EFTA) and India are high on the priority list.
Digitalisation is emerging as a relatively new area of engagement with enormous potential for Switzerland and India.
Switzerland plays a leading role in researching new technologies and is home to many innovative and world-leading technology companies.
As one of the most innovative countries of the world, Switzerland seeks to engage with India, the leader of the Industry 4.0 revolution, in areas ranging from digital governance to digital self-determination.
Switzerland in UNSC as non-permanent member
Switzerland was elected to the United Nations Security Council as a non-permanent member for the first time this year in June.
Convergence in priorities at Security Council: There are convergences in Swiss and Indian priorities at the UN Security Council.
Switzerland, like India, is committed to a robust and effective multilateral system.
In the Security Council, Switzerland will do everything possible to ensure sustainable peace.
Many years ago, from 1971 to 1976, Switzerland represented India’s interests in Pakistan and vice versa.
In the Security Council, Switzerland will focus on the protection of civilians and on international humanitarian law.
Impact of climate change on security: Switzerland will also address climate change and its impact on security.
Reforms of Security Council: Switzerland desires effective UN institutions.
India has been advocating for a reform of the Security Council.
Switzerland’s fourth priority in 2023 and 2024 will be to contribute to improving the United Nations Security Council’s effectiveness towards greater transparency and accountability.
Conclusion
Two countries can together contribute to global good. This engagement is a result of not only our shared priorities, but also our shared democratic values and foreign policy independence.
The inability of Parliament to transact any business and the lack of serious deliberation must be a matter of grave concern for all.
Purpose of deliberative democracy
In a deliberative democracy, Parliament works as a special purpose vehicle for the legislative scrutiny of bills, grievance redressal and debate on policies and related governance issues.
Its failure to transact business is a sad commentary on three aspects — Members of Parliament, the presiding officers as well as the rules and regulations that define the functioning of both Houses.
How disruption affects Member of Parliaments
For any parliamentarian, it is extremely disappointing to be unable to speak in the House for which he or she has — in most cases —given notice and come prepared.
And when this happens too often, their enthusiasm decreases.
Impact on quality of debate: In such a situation, members are often tempted to make a popular intervention than a substantive one.
This certainly impacts the quality of debates negatively.
Challenges for presiding officer
For the presiding officers too, preventing disruptions is a serious challenge.
Perhaps presiding officers can emulate the courts of law.
Use of in-camera proceedings: Like in courts, the presiding officers need to consider conducting in-camera proceedings in their chambers to insulate at least the Zero Hour and Question Hour from getting washed out.
While the House remains force-adjourned, presiding officers can order in-camera hearing of questions of MPs and replies of ministers.
Zero Hour submissions could also be dealt with similarly.
Some tweaking of existing rules and regulations may facilitate this.
Issues with media coverage of Parliamentary proceedings
In any polity, systems work effectively when wrongdoers are punished and rule-abiding people are rewarded.
What happens currently is exactly the opposite, especially in the context of coverage of parliamentary proceedings in mainstream media.
The space allocated for parliamentary proceedings in both, print and electronic media is shrinking fast.
Rarely does one finds adequate coverage of Question Hour or Zero Hour compared to the past.
Debates on bills are also subject to brief and sketchy reporting.
Although disruptions have become common, they continue to get reported without fail and disruptors often bask in the media limelight.
As against this, those who make a reasonably good speech — well argued and supported by statistics, examples or case studies — rarely get adequate attention.
This too hampers the interest of parliamentarians.
It is high time we rise above the temptations of this tendency and think seriously about systemic reforms.
Conclusion
As the Parliament of independent India enters the eighth decade of its history and prepares to enter a new, more well-equipped and modern Parliament House, it is the right time to think about how we can add value to our deliberative democracy.
A Political Party has declared a six-point “guarantee” for tribals in Gujarat’s Chhota Udepur district, including the “strict implementation” of The Panchayats (Extension to the Scheduled Areas) Act (PESA Act).
What is PESA Act?
The PESA Act was enacted in 1996 to provide for the extension of the provisions of Part IX of the Constitution relating to the Panchayats to the Scheduled Areas.
Other than Panchayats, Part IX, comprising Articles 243-243ZT of the Constitution, contains provisions relating to Municipalities and Cooperative Societies.
Under the PESA Act, Scheduled Areas are those referred to in Article 244(1), which says that the provisions of the Fifth Schedule shall apply to the Scheduled Areas and Scheduled Tribes in states other than Assam, Meghalaya, Tripura, and Mizoram.
The Fifth Schedule provides for a range of special provisions for these areas.
How is the PESA Act, 1996 supposed to work?
The PESA Act was enacted to ensure self-governance through Gram Sabhas (village assemblies) for people living in the Scheduled Areas.
It recognises the right of tribal communities to govern themselves through their own systems of self-government, and also acknowledges their traditional rights over natural resources.
In pursuance of this objective, the Act empowers Gram Sabhas to play a key role in approving development plans and controlling all social sectors.
Special powers accorded by PESA Act includes the:
Processes and personnel who implement policies
Exercising control over minor (non-timber) forest resources
Minor water bodies and minor minerals
Managing local markets
Preventing land alienation and
Regulating intoxicants among other things
States and PESA Act
State governments are expected to amend their respective Panchayati Raj Acts without making any law that would be inconsistent with the mandate of PESA.
Ten states — Andhra Pradesh, Chhattisgarh, Gujarat, Himachal Pradesh, Jharkhand, Madhya Pradesh, Maharashtra, Odisha, Rajasthan, and Telangana — have notified Fifth Schedule areas that cover partially or fully several districts in each of these states.
After the PESA Act was enacted, the central Ministry of Panchayati Raj circulated model PESA Rules.
So far, six states have notified these Rules, including Gujarat.
What is the issue in Gujarat?
Gujarat notified the State PESA Rules in January 2017, and made them applicable in 4,503 gram sabhas under 2,584 village panchayats in 50 tribal talukas in eight districts of the state.
The provisions of the law deem the Gram Sabhas as “most competent”.
However, the Act has not been enforced in letter and spirit.
The Act lays down that the state must conduct elections in such a way that the tribal representation is to be dominant in the Gram Sabha Committees.
Yet again, there has been no attempt to proportionally increase the representation.
Try this PYQ:
Q.The Government enacted the Panchayat Extension to Scheduled Areas (PESA) Act in 1996. Which one of the following is not identified as its objective?
(a) To provide self-governance
(b) To recognize traditional rights
(c) To create autonomous regions in tribal areas
(d) To free tribal people from exploitation
[wpdiscuz-feedback id=”x4jhcgg6m9″ question=”Please leave a feedback on this” opened=”1″]Post your answers here.[/wpdiscuz-feedback]
The Ramana Collegium has been particularly successful.
Meeting frequently and working quickly, they took the perennial problem of judicial vacancies by its horns and turned it around.
Success of Ramana Collegium
The collegium was able to recommend numerous judicial appointments and scripted history by getting nine Supreme Court judges appointed in one go.
Of the nine, Justice B.V. Nagarathna, is in line to be the first woman CJI in 2027.
What exactly is the Collegium System?
The collegium system was born out of years of friction between the judiciary and the executive.
The hostility was further accentuated by instances of court-packing (the practice of changing the composition of judges in a court), mass transfer of HC judges and two supersessions to the office of the CJI in the 1970s.
The Three Judges cases saw the evolution of the collegium system.
Evolution: The Judges Cases
First Judges Case (1981) ruled that the “consultation” with the CJI in the matter of appointments must be full and effective.
However, it rejected the idea that the CJI’s opinion, albeit carrying great weight, should have primacy.
Second Judges Case (1993) introduced the Collegium system, holding that “consultation” really meant “concurrence”.
It added that it was not the CJI’s individual opinion, but an institutional opinion formed in consultation with the two senior-most judges in the Supreme Court.
Third Judges Case (1998): On a Presidential Reference for its opinion, the Supreme Court, in the Third Judges Case (1998) expanded the Collegium to a five-member body, comprising the CJI and four of his senior-most colleagues.
How does the collegium system work?
The collegium of the CJI and four senior-most judges of the Supreme Court make recommendations for appointments to the apex court and High Courts.
The collegium can veto the government if the names are sent back by the latter for reconsideration.
The basic tenet behind the collegium system is that the judiciary should have primacy over the government in matters of appointments and transfers in order to remain independent.
The procedure followed by the Collegium
Appointment of CJI
The President of India appoints the CJI and the other SC judges.
As far as the CJI is concerned, the outgoing CJI recommends his successor.
In practice, it has been strictly by seniority ever since the supersession controversy of the 1970s.
The Union Law Minister forwards the recommendation to the PM who, in turn, advises the President.
Other SC Judges
For other judges of the top court, the proposal is initiated by the CJI.
The CJI consults the rest of the Collegium members, as well as the senior-most judge of the court hailing from the High Court to which the recommended person belongs.
The consultees must record their opinions in writing and it should form part of the file.
The Collegium sends the recommendation to the Law Minister, who forwards it to the Prime Minister to advise the President.
For High Courts
The CJs of High Courts are appointed as per the policy of having Chief Justices from outside the respective States. The Collegium takes the call on the elevation.
High Court judges are recommended by a Collegium comprising the CJI and two senior-most judges.
The proposal, however, is initiated by the Chief Justice of the High Court concerned in consultation with two senior-most colleagues.
The recommendation is sent to the Chief Minister, who advises the Governor to send the proposal to the Union Law Minister.
Does the Collegium recommend transfers too?
Yes, the Collegium also recommends the transfer of Chief Justices and other judges.
Article 222 of the Constitution provides for the transfer of a judge from one High Court to another.
When a CJ is transferred, a replacement must also be simultaneously found for the High Court concerned. There can be an acting CJ in a High Court for not more than a month.
In matters of transfers, the opinion of the CJI “is determinative”, and the consent of the judge concerned is not required.
However, the CJI should take into account the views of the CJ of the High Court concerned and the views of one or more SC judges who are in a position to do so.
All transfers must be made in the public interest, that is, “for the betterment of the administration of justice”.
Loopholes in the Collegium system
Lack of Transparency: Opaqueness and a lack of transparency, and the scope for nepotism are cited often.
Judges appointing Judge: The attempt made to replace it with a ‘National Judicial Appointments Commission’ was struck down by the court in 2015 on the ground that it posed a threat to the independence of the judiciary.
Criteria: Some do not believe in full disclosure of reasons for transfers, as it may make lawyers in the destination court chary of the transferred judge. It has even been accused of nepotism.
Way ahead
In respect of appointments, there has been an acknowledgment that the “zone of consideration” must be expanded to avoid criticism that many appointees hail from families of retired judges.
The status of a proposed new memorandum of procedure, to infuse greater accountability, is also unclear.
Even the majority opinions admitted the need for transparency, now Collegiums’ resolutions are now posted online, but reasons are not given.
Bowing to demands from tribal groups, the Manipur Assembly has resolved to implement the National Register of Citizens (NRC) and establish a State Population Commission (SPC).
To date, Assam is the only northeastern State to have implemented the NRC.
What is National Register of Citizens (NRC)?
The National Register of Citizens (NRC) is a register of all Indian citizens whose creation is mandated by the 2003 amendment of the Citizenship Act, 1955.
The register was first prepared after the 1951 Census of India.
Its purpose is to document all the legal citizens of India so that the illegal immigrants can be identified and deported.
It has been implemented for the state of Assam starting in 2013–2014.
The GoI announced plans to implement it for the rest of the country in 2021, but it has not yet been implemented.
NRC and Assam
Assam, being a border state with unique problems of illegal immigration, had a register of citizens created for it in 1951 based on the 1951 census data.
However, it was not maintained afterwards.
For decades, the presence of migrants, often called “bahiragat” or outsiders, has been a loaded issue here.
The Illegal Migrants (Determination by Tribunal) Act, 1983 was then passed by the Parliament, creating a separate tribunal process for identifying illegal migrants in Assam.
The Supreme Court struck it down as unconstitutional in 2005, after which the Centre agreed to update the Assam NRC.
Who is a Foreigner in Assam?
The National Register of Citizens now takes its definition of illegal immigrants from the Assam Accord – anyone who cannot prove that they or their ancestors entered the country before the midnight of March 24, 1971, would be declared a foreigner and face deportation.
Those who entered on or after March 25, 1971, the eve of the Bangladesh War, would be declared foreigners and deported.
This means you could be born in India in 1971 to parents who crossed the border in that year, and still be termed an illegal immigrant at the age of 48.
CAA and NRC protests
These were a series of protests in India against the Citizenship (Amendment) Act, 2019 which was enacted into law on December 12, 2019, and against the nationwide implementation of the NRC.
Protesters in all regions are concerned that the upcoming compilation of the National Register of Citizens might be used to deprive a community of its Indian citizenship.
Back2Basics: National Population Register (NPR)
The NPR is a database containing a list of all usual residents of the country.
Its objective is to have a comprehensive identity database of people residing in the country.
It is generated through house-to-house enumeration during the “house-listing” phase of the census, which is held once in 10 years.
A usual resident for the purposes of NPR is a person who has resided in a place for six months or more, and intends to reside there for another six months or more.
Once the basic details of the head of the family are taken by the enumerator, an acknowledgement slip will be issued. This slip may be required for enrolment in NPR, whenever that process begins.
And, once the details are recorded in every local (village or ward), sub-district (tehsil or taluk), district and State level, there will be a population register at each of these levels.
Together, they constitute the National Population Register.
