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GS Paper: GS2

  • Sri Lanka declares Economic Emergency

    Sri Lankan President has declared an economic emergency to contain soaring inflation after a steep fall in the value of the country’s currency caused a spike in food prices.

    Sri Lankan Economic Emergency

    • President Rajapaksa declared the state of emergency under the public security ordinance to prevent the hoarding of essential items, including rice and sugar.
    • The government has appointed a former army general as commissioner of essential services, who will have the power to seize food stocks held by traders and retailers and regulate their prices.
    • The military will oversee the action which gives power to officials to ensure that essential items, including rice and sugar, are sold at government-guaranteed prices or prices based on import costs at customs and prevent hiding of stocks.
    • The emergency move followed sharp price rises for sugar, rice, onions and potatoes, while long queues have formed outside stores because of shortages of milk powder, kerosene oil and cooking gas.
    • The wide-ranging measure is also aimed at recovering credit owed to State banks by importers.

    Why came such an emergency?

    • Sri Lanka, a net importer of food and other commodities, is witnessing a surge in COVID-19 cases and deaths which has hit tourism, one of its main foreign currency earners.
    • Partly as a result of the slump in tourist numbers, Sri Lanka’s economy shrank by a record 3.6% last year.
    • The Sri Lankan rupee has fallen by 7.5% against the US dollar this year.
    • The Central Bank of Sri Lanka recently increased interest rates in a bid to shore up the local currency.
    • According to bank data, Sri Lanka’s foreign reserves fell to $2.8 billion at the end of July, from $7.5 billion in November 2019.

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    Back2Basics: Financial Emergency in India

    • The President of India can declare the Financial Emergency on the aid and advise of the Council of Ministers.
    • She/ He has to be satisfied that a situation has arisen due to which the financial stability or credit of India or any part of its territory is threatened.
    • Article 360 gives authority to the President of India to declare a financial emergency.
    • However, the 44th Constitutional Amendment Act of 1978 says that the President’s ‘satisfaction’ is not beyond judicial review.
    • It means the Supreme Court can review the declaration of a Financial Emergency.

    Parliamentary Approval and Duration

    • A proclamation of financial emergency must be approved by both the Houses of Parliament within two months from the date of its issue.
    • A resolution approving the proclamation of financial emergency can be passed by either House of Parliament (Lok Sabha or Rajya Sabha) only by a simple majority.
    • Once approved by both the Houses of Parliament, the Financial Emergency continues indefinitely till it is revoked.
    • It may be revoked by the President anytime without any Parliamentary approval (but with the usual aid and advice).

    Effects of Financial Emergency

    • During the financial emergency, the executive authority of the Center expands and it can give financial orders to any state according to its own.
    • All money bills or other financial bills, that come up for the President’s consideration after being passed by the state legislature, can be reserved.
    • Salaries and allowances of all or any class of persons serving in the state can be reduced.
    • The President may issue directions for the reduction of salaries and allowances of: (i) All or any class of persons serving the Union and the judges of the Supreme Court and the High Court.

    Try this PYQ:

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

     

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

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

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

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

     

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  • China’s new Maritime Law

    China’s new maritime rules designed to control the entry of foreign vessels in what Beijing calls “Chinese territorial waters” take effect.

    What is the new Maritime Law?

    • Foreign vessels, both military and commercial, will be henceforth required to submit to Chinese supervision in “Chinese territorial waters,” as per the new law.
    • Operators of submersibles, nuclear vessels, ships carrying radioactive materials, and ships carrying bulk oil, chemicals, liquefied gas, and other toxic and harmful substances are required to report their detailed information upon their visits to Chinese territorial waters.
    • Vessels that “endanger the maritime traffic safety of China” will be required to report their name, call sign, current position and next port of call, and estimated time of arrival.
    • The name of shipborne dangerous goods and cargo deadweight will also be required.

    Impact of the move

    • The move is expected to have far-reaching consequences for the passage of vessels, both commercial and military, in the disputed South China Sea, East China Sea, and Taiwan Strait.
    • It is likely to escalate the existing tension with the US and its neighbors in the region.

    Why is this important?

    • South China Sea: The South China Sea, which lies between China, Taiwan, the Philippines, Brunei, Malaysia, Indonesia, and Vietnam, is of great economic importance globally.
    • Shipping: Nearly one-third of the world’s shipping passes through its lanes, and the waters house numerous important fisheries.

    Significance for India

    • The South China Sea is a critical route for India, both militarily and commercially.
    • It plays a vital role in facilitating India’s trade with Japan, South Korea, and ASEAN countries, and assists in the efficient procurement of energy supplies.
    • More than 55% of India’s trade passes through the South China Sea and Malacca Straits.
    • India is also involved in oil and gas exploration in offshore blocks in the margins of the Sea, which has led to standoffs with Chinese authorities.

    The actual row

    • The waters around China are hotly contested.
    • Under a “nine-dash line” map, China claims most of the South China Sea as its sovereign territory.
    • This claim is contested by its neighbors in the region and by the United States, which, though it has no claim in the Sea, backs the smaller nations in the fight against Chinese overreach.

    International position

    • Currently, international maritime activities are governed by an international agreement called the United Nations Convention on the Law of the Sea (UNCLOS).
    • China, India, and over a hundred other countries are signatories of UNCLOS (the US, significantly, is not).
    • Accordingly, states have the right to implement territorial rights up to 12 nautical miles into the sea.
    • The UNCLOS also states that all vessels have the right of “innocent passage” through this region – China’s new law violates this.

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  • India must rethink ‘wait and watch’ Afghan policy

    Context

    After the collapse of the government in Kabul, India has adopted a wait and watch approach in its dealing with the Taliban.

    Taliban’s position in Afghanistan

    • The Taliban grip over Afghanistan will only strengthen unless there is a popular revolt against it in the cities.
    • The Panjshiri defiance is unlikely to go anywhere without considerable and abiding support from the US and a firm commitment from Tajikistan.
    • After a talk between leaders of the extinguished Afghan Republic and the Taliban on central government formation, there has been no news of the process for more than a week.
    • There is continuous pressure on Taliban leaders and Pakistan from the Western donor community for the formation of a government acceptable to it.
    • Some Taliban leaders would want financial flows to continue to prevent a collapse of the Afghan economy.

    The approach of the international community toward the Taliban

    • Assurances would be sought from the Taliban not only by the West but also by Russia and China that there will be no attempt to put in place the 1990s practices of the Islamic Emirate on gender issues and the more medieval manifestations of the Sharia.
    • Commitment to anti-terrorism: US will keep close scrutiny on the Taliban to honor its commitment to al Qaeda and will demand that it continues to cooperate on ISIS-K extermination, an objective shared by Russia.
    • Diplomatic recognition of a Taliban government, including allowing it to occupy the United Nations seat in the forthcoming future will depend on its acceptability.
    • However, the US and EU will not be reluctant to maintain open and direct contact with a Taliban government.

    Issues with India’s wait and watch policy

    • India continues to “wait and watch” Afghan developments.
    • What is being overlooked is that “strategic patience” cannot be an alibi for inaction.
    • The invocation of the British Raj policy of “masterly inactivity” by some scholars defies logic for it applied in a completely different context.
    • Recognition v. legitimacy: Besides, while diplomatic recognition or its denial is a specific act of a country in inter-state relations, “legitimacy” is more applicable in the internal jurisdiction of countries.
    • India “waited and watched” Afghan developments from the sidelines, at least since the US-Taliban deal.
    • How long will India continue to “wait and watch”?

    Way forward

    • Establish open contact: To explore the Taliban’s approaches towards India there is an obvious need to establish open and direct contacts with it.
    • That will also allow India to convey its red lines.
    • This should not be confused with diplomatic recognition.
    • Welcome Afghans: The establishment of open contacts with the Taliban will not be contradictory to actively welcome those Afghans, irrespective of their faith, who are closely connected with India.

    Consider the question “What are the implications of the return of the Taliban in Afghanistan for India? What should be India’s approach in dealing with the Taliban controlled Afghanistan?”

    Conclusion

    It would damage India’s reputation greatly and into the future, if perceptions grow, as they are growing, that India has abandoned its friends in Afghanistan at the time of their need.

  • Freedom of Movement and Residence

    The rights to free movement and residence across India cannot be curtailed on flimsy grounds, a Bench of Justices Indira Banerjee and V. Ramasubramanian held in a judgment.

    Freedom of Movement and Residence

    • Article 19(1)(d) and (e) of the Indian Constitution guarantees to every citizen of India right to move freely throughout the territory of India and to reside and settle in any Part of the of the Territory of India.
    • This right is subject to reasonable restrictions imposed by law in the interest of the general public or for the protection of the interests of any Scheduled Tribes.

    (A) Freedom of Movement under Article 19(1)(d)

    • All Citizens of India have the right “to move freely throughout the territory of India.
    • This Right is, however subject to reasonable restrictions mentioned under Article 19(5).

    Restrictions:

    • This clause (5) empowers the State to impose reasonable restrictions in the interest of the general public or for the protection of the interest of any Scheduled Tribe.
    • Kharak Singh V. State of UP (1963) Case: The Supreme Court held that the right to move freely throughout the territory of India means the right of locomotion which connotes the right to move wherever one likes, and however one likes.
    • State of UP V. Kaushalya Case (1964):  In this case, the Supreme court held that the right of movement of prostitutes may be restricted on grounds of Public Health and in the interest of Public Morals.

    (B) Freedom of Resident under Article 19(1)(e)

    • Article 19(1)(e) of the Indian Constitution guarantees to every citizen of India, the right “to reside and settle in any part of the territory of India”.
    • This right is subjected to reasonable restrictions which may be imposed by the State in the interest of the general public or for the protection of the interest of any Scheduled Tribe.

    Some facts

    • The Freedom of Movement and Residence apply only to citizens of India and not the Foreigners.
    • A foreigner cannot claim the right to reside and settle in the country as guaranteed by Article Article 19(1)(e).
    • The Government of India has the power to expel foreigners from India.

    Why in news, now?

    • The Supreme Court has held that the power of the State to pass an externment order or a direction barring certain people entry to specified areas should be exercised only in “exceptional cases”.
    • The court said externment orders have their use in maintaining law and order.
    • However, they cannot be employed as a vindictive or retaliatory measure.
    • The drastic action of externment should only be taken in exceptional cases, to maintain law and order in a locality and/or prevent breach of public tranquility and peace, the court noted.

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    Back2Basics: Article 19

    Article 19(1) states that All citizens shall have the right:

    • (a) to freedom of speech and expression;
    • (b) to assemble peaceably and without arms;
    • (c) to form associations or unions;
    • (d) to move freely throughout the territory of India;
    • (e) to reside and settle in any part of the territory of India; and
    • (f) omitted
    • (g) to practice any profession, or to carry on any occupation, trade, or business

  • China-Myanmar New Passage

    The shipments on a newly-launched railway line under the China-Myanmar New Passage from the Myanmar border to the key commercial hub of Chengdu in western China have started.

    China-Myanmar New Passage

    • The passage provides China a new road-rail transportation channel to the Indian Ocean, were delivered last week, state media reported on Tuesday.
    • The transport corridor involves a sea-road-rail link.
    • It connects the logistics lines of Singapore, Myanmar, and China, and is currently the most convenient land and sea channel linking the Indian Ocean with southwest China.
    • Goods from Singapore reached Yangon Port, arriving by ship through the Andaman Sea of the northeastern Indian Ocean, and were then transported by road to Lincang on the Chinese side of the Myanmar-China border in Yunnan province.
    • The new railway line that runs from the border town of Lincang to Chengdu, a key trade hub in western China, completes the corridor.

    Why does India need to be watchful?

    • From the perspective of security, India’s border with Myanmar has historically presented serious security challenges.
    • Chinese troops had used the Myanmar route to threaten India’s North-eastern States prior to the 1962 war.
    • In the run-up to the India-China war of 1962, Chinese troops had commissioned local muleteers in Northern Myanmar to facilitate the movement of troops and war logistics to challenge India’s Northeast.

    Way forward

    • The work on infrastructure projects in India’s Northeastern States needs to be expedited to ensure speedy mobilization of India’s own troops to face different contingencies.
    • Monitoring of developments including deployment of space assets to ensure that India is not caught unaware would be desirable.
    • Most importantly, India on its part needs to substantially step up its own game in Myanmar and proactively engage Myanmar in the realm of the infrastructure upgrade.

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  • Operation Devi Shakti

    India has termed the evacuation operation from Afghanistan in the backdrop of the Taliban’s takeover of the country last week as “Operation Devi Shakti”.

    Operation Devi Shakti

    • Operation Devi Shakti is an ongoing operation of the Indian Armed Forces to evacuate Indian citizens and foreign nationals after the fall of the Islamic Republic of Afghanistan to the Taliban.

    Major evacuations undertaken

    • Up till now, around 400 individuals from Kabul have been evacuated that covered Indian citizens as well as Afghan nationals including Sikhs and Hindus of Afghanistan.
    • Hundreds of Indian nationals have to be taken out of Kabul which is now under the Taliban’s control.
    • India is airlifting its citizens through Dushanbe in Tajikistan and Qatar.
    • The Indian Air Force has already evacuated around many passengers including its Ambassador to Afghanistan and all other diplomats.

  • Taliban and new realpolitik

    Context

    As the last American soldiers fly out of Kabul airport and the world adapts to the return of the Taliban, three uncomfortable but enduring features of international politics have come into sharp focus.

    1) The normalisation of the Taliban by the International community

    • That victories on the battlefield have political consequences is one of the fundamental features of international politics.
    • There is no reason for India to be surprised at the rapid normalisation of the Taliban by the international community.
    • Whether it likes the new and victorious sovereign or not, a government has the obligation to secure its national interests — ranging from the protection of its citizens and property to maintaining the regional balance of power.
    • India is not immune to this essential principle of international relations and will find ways to protect its stakes in Afghanistan under Taliban rule.

    2) Future U.S. relations with the Taliban

    • The second enduring feature of world politics — that there are no permanent friends or enemies, only permanent interests.
    • Convergence of interests: The US would want to explore if the Taliban can help secure long-term American interests in preventing a regrouping of international terror outfits like the al Qaeda and ISIS in Afghanistan.
    • The Taliban on the other hand would want American and Western support in rebuilding Afghanistan.
    • It is by no means clear if such a deal can be clinched, given the big risks it presents to both sides.
    • The US engagement with the Taliban to counter the ISIS-K has been met with derision across the world.
    • Critics say all these groups are part of the same school of terror, driven by similar religious zeal and nurtured in Pakistan’s sanctuaries.

    3) Exploit the differences between adversaries: Way forward for India

    • The third feature of international politics is that differences even among the closest of friends are natural and always offer openings to adversaries.
    • For India, the main interest is in preventing Afghan soil from being used by anti-India terror groups.
    • At least a section of the Taliban is eager to continue political and commercial engagement with India.
    • This is part of a natural quest for a diversified set of international partnerships.
    • India would be right to wait patiently on the Taliban’s ability to deliver on these promises and stand up against the Pakistan army’s pressures to keep India out.
    • Exploit the contradictions: India should not rule out contradictions between Pakistan and the terror groups it has nurtured as well as among various jihadi organisations.
    • Despite its powerful appeal, religious ideology has failed to build durable political coalitions within and across nations.

    Conclusion

    Given this history, it is unwise for Delhi to paint the external challenges arising from the Afghan tumult as a single coherent force. The Panchatantra has a more sensible strategy to offer — try and divide your potential adversaries and strengthen your internal unity.

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  • What is the School Bubble Concept?

    The Karnataka government has proposed the ‘school bubble’ concept to mitigate the spread of the disease among children (aged below 18) attending offline classes at schools and pre-university colleges across the state.

    It takes a village to raise a child.

    -Anonymous

    What are school bubbles?

    • School bubbles are physical classifications made between groups comprising a small number of students.
    • As per the concept, each such bubble will include students who tend to remain as a group during school hours throughout the term or an academic year.
    • The concept would help managements easily isolate a fewer number of students in case anyone gets infected.
    • For instance, a school bubble can include 30 students. If one among them gets infected, the others can self-isolate but the school need not be closed completely.
    • This would allow uninterrupted learning to others as well.

    Why are school bubbles significant?

    • The concept of school bubbles, experts feel, will be more relevant to students studying in primary school or below.
    • These students will have more chances of peer-to-peer interactions on a daily basis.
    • With school bubbles in place, the risk assessment process to identify close contacts of a Covid-positive student will also get easier.

    Is this concept completely new?

    • This has been successfully implemented at schools in the United Kingdom.
    • The government there has further relaxed social-distancing measures for students within a particular school bubble.
    • However, all members of the bubble are mandatorily subjected to RT-PCR tests if a student is infected.

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  • Custodial Violence

    Context

    Earlier this month, Chief Justice of India N.V. Ramana expressed concern at the degree of human rights violations in police stations in the country. He said that “the threat to human rights and bodily integrity is the highest in police stations”

    Deaths in police custody

    • Improvement in the situation: A reality check shows that the picture is not so bleak and efforts are being made to improve the human rights protection regime in police stations.
    • National Crime Records Bureau (NCRB) data reveal that though the number of custodial deaths varies year to year, on average of about 100 custodial deaths have taken place every year between 2010 and 2019.
    • Of them, about 3.5 persons allegedly died due to injuries caused by policemen.
    • A judicial inquiry, which is mandatory for every suspicious custodial death, was conducted in 26.4 cases.
    • Though every death in custody needs to be prevented, suspicious deaths which bring disrepute to the police system must be rooted out completely.

    Measures to reduce the instances of custodial violence

    1) Reduce the number of arrests

    • As per the law, arrest for offences punishable up to seven years of imprisonment should be made only when such arrest is necessary to prevent the person from tampering with evidence, or committing any further offence, etc.
    • The Supreme Court held that each arrest must be necessary and justified; having the authority to arrest is alone not sufficient.
    • In Arnesh Kumar v. State of Bihar (2014), it was held that despite the offence being non-bailable under Section 498A of the Indian Penal Code (IPC), which relates to torture for dowry, arrest is not mandatory as per Section 41 of the Code of Criminal Procedure (CrPC).
    • In Special Action Forum v. Union of India (2018), the Court further held that the police officer shall furnish to the magistrate the reasons and materials which necessitated the arrest for further detention of the accused.
    • The purpose of these checks is to ensure that the police does not abuse the power of arrest.
    • NCRB data show that the ratio of the number of arrests to the number of IPC offences has decreased from 1.33 in 2010 to 0.96 in 2019.

    2) Separate investigation from law and order

    • The National Police Commission (1977-81), the Law Commission in its 154th report (1996) and the Malimath Committee Report (2003), and the Supreme Court in Prakash Singh v. Union of India (2006), have recommended that the investigating police should be separated from the law-and-order police to ensure better expertise in investigation.
    • It is believed that a separate wing will do more professional investigation and will not use unwarranted methods to extract confession from the accused.
    • Though efforts have been made by some States in this direction, more resources are required in policing to implement the Court’s directions.

    3) Increase the number of investigating officers

    • Unless investigating officers are increased in proportion to the number of serious offences, the quality of investigation may suffer.
    • The Malimath Committee’s recommendation that an investigating officer should preferably investigate no more than 10 cases every year needs to be implemented.
    • Subject expert officers: With the increase of newer types of crime like white collar crime and cybercrime, subject experts are needed to assist the police in the investigation.

    4) Sensitise Police

    • The police officers must know that their mandate is to protect human rights and not violate them.
    • They need to be sensitised regularly and encouraged to employ scientific tools of interrogation and investigation like the lie detection test, narco test and brainfingerprinting test.

    5) Display board on human rights

    • The CJI’s suggestion to install display boards on human rights to disseminate information about the constitutional right to legal aid and availability of free legal aid services may deter police excesses.

    Steps taken to deal with the issue

    • Much has changed in the police consequent to the judgment in D.K. Basu v. State of West Bengal (1996) in which the Supreme Court laid down guidelines to check custodial torture.
    • Guidelines incorporated in CrPC: Most of these guidelines such as providing information to a friend or relative about the arrest, medical examination, and permission to meet a lawyer have now been incorporated in the CrPC.
    • CCTV Cameras installed:  In Paramvir Singh v. Baljit Singh (2020), the Supreme Court has directed States to cover more area of each police station under CCTV cameras and have storage facility of audio-video recording for 18 months.
    • Actions against guilty:  NCRB data show that on average about 47.2 criminal cases were registered annually against policemen in last 10 years.
    • Departmental action against errant officers is a rule in the police force, rather than an exception.
    • Compensation by NHRC: The National Human Rights Commission also oversees deaths in custody due to human rights violations and recommends compensation in appropriate cases.
    • Incentives linked with police reforms: The Home Ministry has recently linked the ‘police modernisation scheme’ with police reforms.
    • Unless sufficient action is taken by the State governments and the police authorities, incentives in the form of additional funds will not be released.

    Consider the question “Human right violations in police stations is a cause for concerns. What are the reasons for such violations? Suggest the measures to curb it.”

    Conclusion

    Our commitment to the protection of human rights is unconditional and total. Many steps have been taken so far to check custodial violence and no stone shall be left unturned to eliminate such violence in toto.

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  • Soft power, India’s strength in Afghanistan

    Context

    Over the past few weeks, there has been much talk about India’s diplomatic stakes being threatened by the changing political scenario in Afghanistan.

    India’s role in Afghanistan’s development

    • India is currently the fifth-largest donor in Afghanistan.
    • India’s total development assistance over the years has been worth over $3 billion.
    • Soft and hard measures: India’s development cooperation with Afghanistan has encompassed both soft and hard measures.
    • Soft measures have helped build goodwill and greater people-to-people contact and has involved measures focusing on health, education, capacity development and food security, among others.
    • Many projects have been community-driven, thus helping engage a large section of people in development efforts.
    • Hard infrastructure examples include the parliament building which was inaugurated in 2015, financing the Delaram-Zaranj Highway as well as the 42 MW Salma Dam in Herat province.
    • India had also engaged in triangular cooperation under the US umbrella, cooperating with USAID on various programmes.
    • This includes Afghan Women’s Empowerment Programme, a collaboration between USAID and the Self-Employed Women’s Association (SEWA) for providing vocational education for Afghan women.

    How India’s approach differed from other donors?

    • Demand-driven approach: India follows a demand-driven approach, which implies that the sectors for investment are chosen by the recipient government.
    • Not condition based: although its aid is extended as a soft means to gain strategic leverage, it comes without political conditions.
    • In PPP terms, the value of the Indian rupee is often underestimated, meaning that the Indian rupee would be able to buy substantially more goods and services at adjusted exchange rates.
    • For example, a study by the Stimson Centre found out that even though Indian aid in 2015-16 totalled $1.36 billion, in PPP terms it could be pegged at over $5 billion.

    Way forward

    • Adapt programs to new reality: At the Afghanistan Conference in Geneva in 2020, India announced several development projects.
    • New political developments in Afghanistan are unlikely to lead to a complete disconnect with India and its established socio-economic role.
    • However, India may need to adapt its programmes to new realities.
    • Diversify portfolio: There is still an infrastructure deficit in Afghanistan and a need for rebuilding and reconstruction.
    • As far as development cooperation is concerned, however, India needs to further diversify its portfolios.
    • Resilient Afghanistan to climate change: India can do much to build a more resilient Afghanistan with respect to climate change and disaster risk reduction with it spearheading global campaigns like CDRI.

    Conclusion

    India needs to establish itself as a neutral entity that is keen on the development of the region but ready to work with all parties concerned.

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