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GS Paper: GS2

  • Beijing’s aggressive regional policies and its implications

    Context

    One of the many consequences of China’s assertive posture in Asia has been the emergence of geopolitical coalitions to limit the prospects for Beijing’s regional dominance.

    Two new coalitions forcing China rethink

    • Quad and AUKUS: Two new coalitions that have got a lot of political attention are the Quadrilateral framework involving Australia, India, Japan and the US, and the AUKUS, which brings together Australia, the United Kingdom and the United States.
    • Until recently, China was quite contemptuous of the new political formations.
    • It had compared the Quad to “seafoam” that is here now but gone in a second.
    • China’s dismissive attitude has now yielded place to denunciation.

    US’s policy forcing China to rethink

    • Two big factors are behind China’s rethinking.
    • Consensus in the US on Challenging China: One was the surprising emergence of American domestic political consensus on challenging China.
    • Beijing believed that Donald Trump was an exception to the longstanding US policy of deeper economic integration with China and sustained political engagement. But Biden has simply reinforced Trump’s strategy.
    • US making alliances critical element of China policy: Trump thought that alliances are a burden on US taxpayers.
    •  Biden, in contrast, has made alliances a critical element of his China strategy.
    • The idea was to create “situations of strength” vis-a-vis China by rebuilding US alliances and developing new coalitions.
    • In Asia, the Biden administration moved quickly to strengthen the traditional security ties with its allies in northeast Asia — Japan and South Korea.
    • Elevating the Quad to leaders-level: It also elevated the Quad to the leaders-level within weeks after Biden took charge and had a physical summit in Washington six months later.
    • AUKUS: It also announced the AUKUS.
    • Biden travelled to Europe in June this year to revitalise the North Atlantic Treaty Organisation.
    • Summit with Russia: Biden also decided on an early summit with Russian President Vladimir Putin that took place in Geneva at the end of his European tour.
    • Rebalancing relations: Biden’s team believed that the greatest strength of the US was its wide network of allies and partners.
    • And that mobilising them was the key to rebalancing relations with China.

    How China is making alliances and partnerships?

    • While China’s economic reach is now global and deep, political and military alliances have not been part of Beijing’s tradition.
    • Relations with Russia at peak: Beijing’s ties with Moscow have never been as close as they are.
    • Relations with N. Korea and Pakistan: China also has strong alliance-like relations with North Korea and Pakistan.
    • But there can be little comparison though between the kind of strengths that American allies bring to the table with those of China’s partners.

    Is Asian geopolitical structure turning in China’s favour?

    • Beijing was betting on the proposition that the Asian geopolitical structure was turning, irretrievably, in China’s favour.
    • This is based on a number of propositions.
    • Location of the US: America, located far from Asia, will have trouble overcoming the tyranny of geography in a conflict with China.
    • The economic and military power of China: China’s hard power — both economic and military — relative to the US is growing rapidly and shifting the local balance of power in its favour.
    • Location of China: The proximity of China and Asian regional integration have made Beijing the most important economic partner for the whole region.
    • Beijing believed that few Asian nations would want to spoil their commercial relations with China and align with Washington.
    • Power imbalance: The vast imbalance in military power between Beijing and its neighbours it presumed would dissuade most Asian states from considering armed confrontations with China
    • Breaking up coalition: China counted on the fact that it is easier to break up coalitions than build them.

    Implications of China’s aggressive policies

    • Making the US unfriendly prematurely: Chinese policies have driven the US towards an unanticipated internal consensus on containing Beijing.
    • Making a friendly America into an enemy prematurely could go down as one of Xi Jinping’s egregious strategic errors.
    • Driving regional countries towards the US: China’s aggressive regional policies are driving many countries like Australia, India, Japan, the Philippines and Vietnam, towards the US.
    • Neighbouring countries pursuing stronger national military capacities: While the military balance of power in Asia has certainly turned in China’s favour, it has not cowed down its neighbours.
    • Many are pursuing stronger national military capabilities to limit some of the threats from China.
    • Stoked nationalism: China, which never stops to emphasise its own nationalism, appears to have underestimated the depth of similar sentiment in other Asian states.
    • Today, it is driving many of China’s neighbours into the US camp.
    • It is America and not China that today talks about the sovereignty and territorial integrity of Asian nations.

    Consider the question “One of the many consequences of China’s assertive posture in Asia has been the emergence of geopolitical coalitions to limit Beijing’s regional dominance. Critically analyse.”

    Conclusion

    It has been quite fashionable in the West as well as in the East, to proclaim that China’s hegemony is inevitable, American decline is terminal, and Asian coalitions are unsustainable. Those conclusions are premature at best. For Xi Jinping has squandered many of China’s natural geopolitical advantages.

  • Over 6 lakh Indians renounced Citizenship

    More than six lakh Indians renounced citizenship in the past five years, the Ministry of Home Affairs (MHA) informed the Lok Sabha.

    Citizenship in India

    • Citizenship is in the Union List under the Constitution and thus under the exclusive jurisdiction of Parliament.
    • The Constitution does not define the term ‘citizen’ but gives, in Articles 5 to 11, details of various categories of persons who are entitled to citizenship.
    • Unlike other provisions of the Constitution, which came into being on January 26, 1950, these articles were enforced on November 26, 1949 itself, when the Constitution was adopted.

    Various provisions for Indian Citizenship

    Article 5

    • It provided for citizenship on the commencement of the Constitution.
    • All those domiciled and born in India were given citizenship.
    • Even those who were domiciled but not born in India, but either of whose parents was born in India, were considered citizens.
    • Anyone who had been an ordinary resident for more than five years, too, was entitled to apply for citizenship.

    Article 6

    • Since Independence was preceded by Partition and migration, Article 6 laid down that anyone who migrated to India before July 19, 1949, would automatically become an Indian citizen if either of his parents or grandparents was born in India.
    • But those who entered India after this date needed to register themselves.

    Article 7

    • Even those who had migrated to Pakistan after March 1, 1947 but subsequently returned on resettlement permits were included within the citizenship net.
    • The law was more sympathetic to those who migrated from Pakistan and called them refugees than to those who, in a state of confusion, were stranded in Pakistan or went there but decided to return soon.

    Article 8

    • Any Person of Indian Origin residing outside India who, or either of whose parents or grandparents, was born in India could register himself or herself as an Indian citizen with Indian Diplomatic Mission.

    Various Amendments for Citizenships

    • According to Article 11, Parliament can go against the citizenship provisions of the Constitution.
    • The Citizenship Act, 1955 was passed and has been amended four times — in 1986, 2003, 2005, and 2015.
    • The Act empowers the government to determine the citizenship of persons in whose case it is in doubt.
    • However, over the decades, Parliament has narrowed down the wider and universal principles of citizenship based on the fact of birth.
    • Moreover, the Foreigners Act places a heavy burden on the individual to prove that he is not a foreigner.

    (1) 1986 amendment

    • The constitutional provision and the original Citizenship Act gave citizenship on the principle of jus soli to everyone born in India.
    • However, the 1986 amendment to Section 3 was less inclusive as it added the condition that those who were born in India on or after January 26, 1950 but before July 1, 1987, shall be an Indian citizen.
    • Those born after July 1, 1987 and before December 4, 2003, in addition to one’s own birth in India, can get citizenship only if either of his parents was an Indian citizen at the time of birth.

    (2) 2003 amendment

    • The then government made the above condition more stringent, keeping in view infiltration from Bangladesh.
    • Now the law requires that for those born on or after December 4, 2004, in addition to the fact of their own birth, both parents should be Indian citizens or one parent must be Indian citizen and other should not be an illegal migrant.
    • With these restrictive amendments, India has almost moved towards the narrow principle of jus sanguinis or blood relationship.
    • This lay down that an illegal migrant cannot claim citizenship by naturalization or registration even if he has been a resident of India for seven years.

    (3) Citizenship (Amendment) Act, 2019

    • The amendment proposes to permit members of six communities — Hindus, Sikhs, Buddhists, Jains, Parsis and Christians from Pakistan, Bangladesh and Afghanistan — to continue to live in India if they entered India before December 14, 2014.
    • It also reduces the requirement for citizenship from 11 years out of the preceding 14 years, to just 6 years.
    • Two notifications also exempted these migrants from the Passport Act and Foreigner Act.
    • A large number of organisations in Assam protested against this Bill as it may grant citizenship to Bangladeshi Hindu illegal migrants.

    Losing of Indian Citizenship

    • The Citizenship Act, 1955 also lays down the three modes by which an Indian citizen may lose his/her citizenship.
    • It may happen in any of the three ways: renunciation, termination and deprivation.

    (1) Renunciation

    • An Indian Citizen of full age and capacity can renounce his Indian citizenship by making a declaration to that effect and having it registered.
    • But if such a declaration is made during any war in which India is engaged, the registration shall be withheld until the Central Government otherwise directs.
    • When a male person renounces his citizenship, every minor child of him ceases to be an Indian citizen.
    • Such a child may, however, resume Indian citizenship if he makes a declaration to that effect within a year of his attaining full age, i.e. 18 years.

    (2) Termination

    • If a citizen of India voluntarily acquires the citizenship of another country, he shall cease to be a citizen of India.
    • During the war period, this provision does not apply to a citizen of India, who acquires the citizenship of another country in which India may be engaged voluntarily.

    (3) Deprivation

    • Deprivation is a compulsory termination of citizenship of India.
    • A citizen of India by naturalization, registration, domicile and residence, may be deprived of his citizenship by an order of the Central Government if it is satisfied that the Citizen has:
      1. Obtained the citizenship by means of fraud, false representation or concealment of any material fact
      2. Shown disloyalty to the Constitution of India
      3. Unlawfully traded or communicated with the enemy during a war
      4. Within five years after registration or neutralization, been imprisoned in any country for two years
      5. Ordinarily resident out of India for seven years continuously

     

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  • What is the Iran Nuclear Deal?

    As Iran has refused to hold direct talks with the U.S., European officials will shuttle between the Iranian and American delegations, exchanging talking points and seeking common ground over the nuclear deal.

    Do you know how the enmity between Iran and the US came into reality?  We hope you have watched the Argo (2012) movie for sure!

    Context

    • After a gap of five months, Iran, Russia, China and the European countries resumed negotiations in Vienna to revive the 2015 nuclear agreement, known as the Joint Comprehensive Plan of Action (JCPOA).
    • The 2015 JCPOA agreement sought to cut Iran off a possible path to a nuclear bomb in return for lifting of economic sanctions.

    What is JCPOA?

    • The Iran nuclear agreement, formally known as the JCPOA is a landmark accord reached between Iran and several world powers, including the United States, in July 2015.
    • Under its terms, Iran agreed to dismantle much of its nuclear program and open its facilities to more extensive international inspections in exchange for billions of dollars’ worth of sanctions relief.

    Expected outcomes of the deal

    • Curb on nuclear program: Proponents of the deal said that it would help prevent a revival of Iran’s nuclear weapons program.
    • Increasing regional engagement: It would thereby reduce the prospects for conflict between Iran and its regional rivals, including Israel and Saudi Arabia.

    Background of the JCPOA

    • Iran had previously agreed to forgo the development of nuclear weapons as a signatory to the Nuclear Nonproliferation Treaty, which has been in force since 1970.
    • However, after the overthrow of the Pahlavi dynasty in 1979, Iranian leaders secretly pursued this technology.
    • In 2007, U.S. intelligence analysts concluded that Iran halted its work on nuclear weapons in 2003 but continued to acquire nuclear technology and expertise.
    • Prior to the JCPOA, the P5+1 had been negotiating with Iran for years, offering its government various incentives to halt uranium enrichment.

    Issues with the deal

    (1) US withdrawal

    • The deal has been in jeopardy since President Donald Trump withdrew the US from it in 2018.
    • In retaliation for the US, Iran resumed some of its nuclear activities.

    (2) Iran’s insistence over sanctions removal

    • In 2021, President Joe Biden said the US will return to the deal if Iran comes back into compliance, though Iran’s leaders have insisted that Washington lift sanctions first.
    • Iran now has indicated that he will take a harder line than his predecessor in nuclear negotiations.

    Who are the participants?

    • The JCPOA, which went into effect in January 2016, imposes restrictions on Iran’s civilian nuclear enrichment program.
    • At the heart of negotiations with Iran were the five permanent members of the UN Security Council (China, France, Russia, the United Kingdom, and the United States) and Germany—collectively known as the P5+1.
    • The European Union also took part. Israel explicitly opposed the agreement, calling it too lenient.
    • Some Middle Eastern powers, such as Saudi Arabia, said they should have been consulted or included in the talks because they would be most affected by a nuclear-armed Iran.

    What did Iran agree to?

    • Nuclear restrictions: Iran agreed not to produce either the highly enriched uranium or the plutonium that could be used in a nuclear weapon.
    • Monitoring and verification:  Iran agreed to eventually implement a protocol that would allow inspectors from the International Atomic Energy Agency (IAEA), the United Nations’ nuclear watchdog.

    What did the other signatories agree to?

    • Sanctions relief: The EU, United Nations, and United States all committed to lifting their nuclear-related sanctions on Iran. However, many other U.S. sanctions on Iran, some dating back to the 1979 hostage crisis, remained in effect.
    • Weapons embargo: The parties agreed to lift an existing UN ban on Iran’s transfer of conventional weapons and ballistic missiles after five years if the IAEA certifies that Iran is only engaged in civilian nuclear activity.

    How has the deal affected Iran’s economy?

    • Prior to the JCPOA, Iran’s economy suffered years of recession, currency depreciation, and inflation, largely because of sanctions on its energy sector.
    • With the sanctions lifted, inflation slowed, exchange rates stabilized, and exports—especially of oil, agricultural goods, and luxury items­—skyrocketed as Iran regained trading partners, particularly in the EU.
    • After the JCPOA took effect, Iran began exporting more than 2.1 million barrels per day (approaching pre-2012 levels, when the oil sanctions were originally put in place).

     

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  • National Health Accounts Estimates: 2017-18

    Out-of-pocket expenditure (OOPE) as a share of total health expenditure and foreign aid for health has both come down as per the findings of the National Health Accounts (NHA) estimates for India for 2017-18.

    What is National Health Accounts (NHA)?

    • The NHA estimates are prepared by using an accounting framework based on internationally accepted System of Health Accounts 2011, provided by the World Health Organization (WHO).
    • It is released by Ministry of Health & Family Welfare.
    • It describes health expenditures and flow of funds in the country’s health system over a financial year of India.
    • It answers important policy questions such as what are the sources of healthcare expenditures, who manages these, who provides health care services, and which services are utilized.
    • It is a practice to describe the health expenditure estimates according to a global standard framework, System of Health Accounts 2011 (SHA 2011), to facilitate comparison of estimates across countries.

    Objective of the NHA

    • To describe the Current Health Expenditures (CHE).

    The details of CHE are presented according to

    • Revenues of healthcare financing schemes: – entities that provide resources to spend for health goods and services in the health system;
    • Healthcare financing schemes: entities receiving and managing funds from financing sources to pay for or to purchase health goods and services;
    • Healthcare providers: entities receiving finances to produce/ provide health goods and services;
    • Healthcare functions: It describes the use of funds across various health care services.

    About NHA (2017-2018)

    • The 2017-18 NHA estimates shows government expenditure on health exhibiting an increasing trend and growing trust in public health care system.
    • With the present estimate of NHA 2017-18, India has a continuous Time Series on NHA estimates for both government and private sources for five years since 2013-14.
    • These estimates are not only comparable internationally, but also enable the policy makers to monitor progress towards universal health coverage as envisaged in the National Health Policy, 2017.

    Key Highlights

    Increase in GDP share: The NHA estimates for 2017-18 clearly show that there has been an increase in the share of government health expenditure in the total GDP from 1.15% in 2013-14 to 1.35% in 2017-18.

    Increase in govt share in expenditures: In 2017-18, the share of government expenditure was 40.8%, which is much higher than 28.6% in 2013-14.

    Per-Capita increase in expenditure: In per capita terms, the government health expenditure has increased from Rs 1042 to Rs.1753 between 2013-14 to 2017-18.

    Focus on total healthcare: The primary and secondary care accounts for more than 80% of the current Government health expenditure.

    Social security expenditure: The share of social security expenditure on health, which includes the social health insurance program, Government financed health insurance schemes, and medical reimbursements made to Government employees, has increased.

    Decline in foreign aid: The findings also depict that the foreign aid for health has come down to 0.5%, showcasing India’s economic self-reliance.

    Decline in OOPE: The government’s efforts to improve public health care are evident with out-of-pocket expenditure (OOPE) as a share of total health expenditure coming down to 48.8% in 2017-18 from 64.2% in 2013-14.

    Way forward

    • After 18 months of Covid-19, financial year 2017-18 appears to be from another era.
    • However, learnings from that year’s NHA help us to plan for health system strengthening in the post-Covid years.
    • The special financing packages for Covid emergency response, announced by the central government in 2020 and 2021, represent an extraordinary situation.
    • The resolve to increase public financing for health must remain strong even after Covid.

     

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  • How and when MPs are suspended

    Twelve Opposition members of the Rajya Sabha were suspended for the entire winter session for unprecedented acts of misconduct, unruly and violent behavior and intentional attacks on security personnel.

    Decorum of the Parliament

    • Freedom of speech is one of the most important privileges enjoyed by Members of Parliament.
    • This freedom is circumscribed, however, by the necessity of maintaining order and decorum when debate is taking place.
    • Thus discipline, decorum and dignity of Parliament are of paramount importance for the efficient functioning and success of parliamentary institutions.
    • All over the world concerns have been expressed about the decline of discipline, decorum and dignity of legislative bodies.

    Maintaining the Decorum

    • MPs are required to adhere to certain rules of parliamentary etiquette.
    • For example the Lok Sabha rulebook specifies that MPs are not to interrupt the speech of others, maintain silence and not obstruct proceedings by hissing or making running commentaries during debates.
    • Newer forms of protest led to these rules being updated in 1989.
    • Now, members should not shout slogans, display placards, tear up documents in protest, and play a cassette or a tape recorder in the House.
    • Rajya Sabha has similar rules. To conduct the proceedings smoothly, the rulebook also gives certain, similar powers to the presiding officers of both Houses.

    Power of Suspension

    • The presiding officer of each House can direct an MP to withdraw from the legislative chamber for grossly disorderly conduct.
    • The MP then has to remain absent from the proceedings of the House for the remainder of the day.
    • The presiding officers can also “name” an MP for “persistently and wilfully obstructing the business” of the House.
    • In such a case, usually, the Parliamentary Affairs Minister moves a motion for suspending the offending MP from the service of the House.
    • The suspension can last until the end of the session.

    Why are such disruptions frequent in the Parliament?

    • The reluctance and procrastination of the treasury benches to face discussions is the main cause for disorder in Parliament.
    • In most cases, disorders in the House arise out of a sense of frustration felt by members due to lack of opportunities to make his point.
    • They are perhaps easier to deal with. What is more difficult to tackle is planned parliamentary offences and deliberate disturbances for publicity or for political motives.

    Way forward

    • Debate is central to democracy, and therefore there should be more debate and fewer disruptions.
    • The majority party is responsible for governing and should take other parties into confidence.
    • The Opposition should play a constructive role in Parliament and be allowed to put forward its views and express itself in a dignified manner.
    • The presiding officers must help the Opposition in raising issues uncomfortable to the government.

     

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  • What is Dual Command System of Policing?

    The Dual Command System of Policing is being implemented in Bhopal and Indore.

    What is the ‘Dual Command’ System?

    • Under the dual command system, the District Magistrate and the Superintendent of Police (SP) share powers and responsibilities in a district.
    • Under this structure, the DM is entrusted with issuing arrest warrants, licenses while the SP has powers and responsibilities to investigate crime and make arrests.
    • The system is designed to ensure a lower concentration of power and making the police more accountable to the DM at the district level.

    How does the commissionerate system empower the police?

    • Under the police commissionerate system, the powers of both policing and magistracy are concentrated with the commissioner, who is directly accountable to the state government and the state police chief.
    • The commissioner of police under the commissionerate system exercises the powers and duties of a District Magistrate.
    • These powers are also available to any officer under the commissioner who is not below the rank of an Assistant Commissioner of Police.
    • The police are also empowered to conduct externment proceedings and issue written orders to remove a person from their jurisdiction of the commissionerate for a maximum of two years.

    Need for such system

    Various committees constituted to suggest police reforms have recommended implementation of a police commissioner system.

    • Rapidly urbanized cities: This is for cities which have witnessed rapid urbanization and have a population of more than 10 lakhs.
    • Better accountability: In the 6th report of the National Police Commission, it noted that as compared to police in districts, police in commissionerate in small areas had a better account of themselves.
    • Complex security threats: It further pointed out that in urban areas, the changing dynamism and growing complexities of security threats required a swift and prompt response.
    • Quick responsivity: Usually in large urban areas, law and order situations develop rapidly, requiring a speed and effective operational response from the police.
    • Avoiding delayed action: In districts where the SPs and DMs do not have an understanding, orders to swiftly act are rarely issued in time which aggravates the situation.

    Issues with the system

    • Power-sharing: There needs to be some clarity on what powers will be taken away from the revenue officers, collectors, SDMs and how it will impact the society before implementing it.

     

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  • Making the legislature work

    Context

    Parliament’s “performance” is assessed at the end of a session, typically in terms of bills discussed and passed. It is equally necessary to take stock of the issues facing the country and set expectations about what Parliament should be doing when the session is to commence.

    Analysing the repeal of laws from the standpoint of the parliamentary system and the functioning of Parliament

    • In the current session, three farm Acts will probably be presented for repeal.
    • Not referred to select committee: Three Acts were passed earlier amidst demands to refer them to a select committee.
    • This Lok Sabha — increasingly the Rajya Sabha as well — poses a riddle for the theory of representative democracy.
    • The ruling majority has a handsome majority — a 300 plus representation in the Lok Sabha — and by the standards of the FPTP system, a reasonable vote share of over 37 per cent.
    • Yet, laws passed by Parliament are increasingly being seen as unacceptable.
    • This non-acceptance is, perhaps, restricted to a small section. But the arguments put forward by them remain persuasive.
    • The “majority” government seems less representative than many minority governments of the past.
    • The government may have the majority in numbers, but does not have the capacity to take the majority along.
    • At this juncture, an important responsibility lies with the Opposition.

    Suggestions

    1] Role of the opposition

    • Coordinate: In Parliament, the Opposition will need to ensure coordination on common issues, strategise on parliamentary procedures and above all, endeavour to represent voices that have been suppressed by the current regime.
    • Avoid disruption: Acrimony might be unavoidable given that the current regime doesn’t give adequate respect to differences of opinion.
    • But it is incumbent on the Opposition to avoid creating pandemonium merely as a tactic.
    • Noise and sloganeering cannot replace the responsibility to represent.
    • Pandemonium is only a cover up for bad coordination and lack of homework.

    2] Role of the ruling party MPs

    • Probe the executive: The role of ruling party MPs is not merely to ram through the House whatever the government wishes but to also probe the executive delicately.
    • Assert the role as a representative: In allowing the government to sidestep all opposition, the MPs from the ruling party create an atmosphere wherein they lose any semblance of authenticity in their role as representatives.
    • Independence of ruling party members is connected both to intra-party democracy and to intra-party factionalism.
    • Need for intellectual position: It is also important that they have an intellectual position of their own.
    • The litmus test to their independence will be in how they express themselves in Parliament.
    • In any case, for Parliament to regain its representative character, ruling party members need to be more sincere about the parliamentary system, and unafraid of executive power.

    3] Role of civil society

    • Protests have played, and will continue to play, a critical role in forcing us to confront the issue of representation.
    • It must be reiterated that no democracy can exist without a robust civil society.
    • Its tension-ridden relationship with party politics must be recognised.
    • In that sense, the rising antinomy between Parliament and protests is more because of the unrepresentativeness of Parliament than due to the rebellious ways of civil society.

    Consider the question “What is the significance of the opposition to the laws enacted by the legislature? Suggest the steps need to be taken by the various participants in democracy.”

    Conclusion

    All the participants in the democracy need to recognise their role and ensure the the smooth functioning of democracy.

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  • Bilateral trade between India and Pakistan should be first step to normalising links

    Context

    The recent partial opening of land borders between India and Pakistan signals a thaw in the troubled relations between the two South Asian neighbours.

    How normalising relations with Pakistan help India?

    • Reduce India’s vulnerability to China: From the Indian standpoint, as a Centre for Policy Research report argues, a continuing freeze in relations with Pakistan will “enhance India’s external vulnerability to other actors, in particular, China”.
    • Impact on bilateral trade: After the Pulwama terror attack, bilateral trade between the two countries plummeted from around $2 billion in 2017-18 to a paltry $280 million in 2020-21 (April to February).

    Steps to normalise relations

    1] Pakistan needs to revoke suspension of trade with India

    • Pakistan needs to revoke the unilateral suspension of trade with India undertaken in August 2019 due to India’s decision to dilute Article 370.
    • Suspension against GATT and SAFTA: The trade suspension by Pakistan is inconsistent with the General Agreement on Tariffs and Trade (GATT) and the South Asian Free Trade Area (SAFTA) agreement — the two international law instruments that regulate trade between India and Pakistan.
    • GATT, as part of the World Trade Organisation (WTO), allows countries to adopt trade-restraining measures on certain grounds such as public health and conservation of exhaustible natural resources (Article XX) and for national security purposes (Article XXI).
    • Neither the WTO nor SAFTA permits a country to suspend trade with another member country on grounds that it disapproves a domestic law enacted by the latter.

    2] Pakistan needs to confer MFN status on India

    • Pakistan needs to reverse its practice of not according the most favoured nation (MFN) status to India.
    • MFN is a principle of non-discrimination in trade given in Article I of GATT.
    • Breach of GATT: Pakistan is in breach of Article I of GATT towards India since the formation of the WTO in 1995.

    3] India should restore Pakistan’s MFN status

    • India should restore Pakistan’s MFN status that it revoked after the Pulwama terror attack by hiking the tariff rates on all Pakistani imports to an unfeasible rate of 200 per cent.
    • Such a move by India will put the ball in Pakistan’s court.
    • If Pakistan fails to reciprocate, India should exert pressure on Islamabad by mounting a legal challenge.

    4] Explore the special trading arrangement under GATT

    • Article XXIV.11 allows India and Pakistan to enter into any special trading arrangement without fully complying with GATT conditions that typically apply to countries signing free trade agreements.
    • This merciful rule that only India and Pakistan enjoy, out of 160 odd WTO members, was incorporated in GATT to enable the two sides to overcome the economic hardships caused by Partition.

    Consider the question “How normalising trade relations will India and Pakistan? Suggest the steps both the countries need to take in this regard.” 

    Conclusion

    India should appreciate that the rise of China, not Pakistan, poses the graver threat. Strengthening bilateral trade can be an important lever towards establishing a working relationship with Pakistan.

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  • Rethink for EWS Criteria

    The Union Government has decided to revisit the criteria set out for eligibility for its 10% reservation under the economically weaker sections (EWS) category within a month.

    Context

    • The decision came after the Supreme Court closely questioned it on how it arrived at the income figure.
    • The Supreme Court is considering a case to the implementation of 27% reservation for the Other Backward Classes and 10% for the EWS under the all-India quota for medical admissions.

    How was EWS reservation introduced?

    • The 10% reservation was introduced through the 103rd Constitution Amendment and enforced in January 2019.
    • It added Clause (6) to Article 15 to empower the Government to introduce special provisions for the EWS among citizens except those in the classes that already enjoy reservation.
    • It allows reservation in educational institutions, both public and private, whether aided or unaided, excluding those run by minority institutions, up to a maximum of 10%.
    • It also added Clause (6) to Article 16 to facilitate reservation in employment.
    • The new clauses make it clear that the EWS reservation will be in addition to the existing reservation.

    Significance of the quota

    • The Constitution initially allowed special provisions only for the socially and educationally backward classes.
    • The Government introduced the concept of EWS for a new class of affirmative action program for those not covered by or eligible for the community-based quotas.

    What are the criteria to identify the section?

    • The main criterion is that those above an annual income limit of â‚č8 lakh are excluded.
    • It accounts income from all sources such as salary, business, agriculture and profession for the financial year prior to the application of the family, applicants, their parents, siblings and minor children.
    • Possession of any of these assets, too, can take a person outside the EWS pool:
    1. Five or more acres of agricultural land
    2. A residential flat of 1,000 sq.ft. and above
    3. A residential plot of 100 square yards and above in notified municipalities, and
    4. A residential plot of 200 square yards and above in other areas

    What are the court’s questions about the criteria?

    • Reduction within general category: The EWS quota remains a controversy as its critics say it reduces the size of the open category, besides breaching the 50% limit on the total reservation.
    • Arbitrariness over income limit: The court has been intrigued by the income limit being fixed at â‚č8 lakh per year. It is the same figure for excluding the ‘creamy layer’ from OBC reservation benefits.
    • Socio-economic backwardness: A crucial difference is that those in the general category, to whom the EWS quota is applicable, do not suffer from social or educational backwardness, unlike those classified as the OBC.
    • Metropolitan criteria: There are other questions as to whether any exercise was undertaken to derive the exceptions such as why the flat criterion does not differentiate between metropolitan and non-metropolitan areas.
    • OBC like criteria: The question the court has raised is that when the OBC category is socially and educationally backward and, therefore, has additional impediments to overcome.
    • Not based on relevant data: In line with the Supreme Court’s known position that any reservation or norms for exclusion should be based on relevant data.

    What is the current status of the EWS quota?

    • The reservation for the EWS is being implemented by the Union Government for the second year now.
    • Recruitment test results show that the category has a lower cut-off mark than the OBC, a point that has upset the traditional beneficiaries of reservation based on caste.
    • The explanation is that only a small number of people are currently applying under the EWS category — one has to get an income certificate from the revenue authorities — and therefore the cut-off is low.
    • However, when the number picks up over time, the cut-off marks are expected to rise.

    Way forward

    • The per capita income or GDP in all States, or the difference in purchasing power in the rural and urban areas, should be taken into account while a single income limit was formulated for the whole country.

     

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  • Good Samaritan Scheme

    The Good Samaritan scheme, meant to encourage and felicitate those helping road accident victims, has received a poor response from the states more than a month since its launch.

    Good Samaritan Scheme

    • The Road Transport and Highways Ministry announced this scheme so that taking a road crash victim to hospital is not just hassle-free but there is also the incentive of a reward and recognition.
    • Historically, Indians are reluctant in taking victims to hospital because of associated legal processes and investigations that follow.
    • To address that, the Centre inserted Section 134A in the Motor Vehicles (Amendment) Act, 2019, which deals with “Protection of Good Samaritans”.

    Need for such scheme

    • India witnesses around 5 lakh road accidents and 1.5 lakh deaths from them every year.
    • As per several government assessments and independent studies, a large number of deaths occur because the victims did not get medical help within the golden hour.

    Key features of the scheme

    • Non-liability: Under the scheme, a good samaritan will not be liable for any civil or criminal action for any injury to or death of the victim of an accident involving a motor vehicle.
    • Reward: The scheme entitles any person, who helps save a life by taking a road crash victim to the hospital during golden hour, to a reward of Rs 5,000 per accident.
    • Anonymity clause: The new law is that the “Good Samaritan” is free to not disclose their name to the hospital or law enforcement authorities; they can also choose not to take part in any legal process.

    Issues with the scheme

    Ans. Poor response from the states

    • Despite the Centre willing to give an initial grant of Rs 5 lakh for it, states have not even opened bank accounts to get the money.
    • The Ministry of Road Transport and Highways has sent several reminders to states to operationalize the scheme.

     

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