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GS Paper: GS2

  • Human Migration: Reasons & Impact

    Context

    Repeated surveys have found that the incomes of migrant households continue to be lower than pre-pandemic levels, even after returning to cities.

    Lack of policy for migrants

    • In the wake of a nationwide lockdown, India was left shocked by the plight of migrant workers walking hundreds of kilometres.
    • They became the focus of large-scale relief efforts by governments and civil society alike.
    • The Government ramped up the One Nation One Ration Card (ONORC) project, announced the Affordable Rental Housing Complexes (ARHC) scheme, set up the e-Shram portal and began to draft a migration policy.
    •  Despite this, a cohesive migration policy guidance remains elusive.
    • Contribution of migrant workers: Today, a third of the nation’s workforce is mobile.
    • Migrants fuel critical sectors such as manufacturing, construction, hospitality, logistics and commercial agriculture.
    • Despite clear economic and humanitarian reasoning to bring migrants back into the policy discourse, the current policy scenario is at best fragmented and at worst waning.

    Structural constraints

    1] Politicisation of issue and fragmented policy response

    •  Migration is a highly politicised phenomenon in India.
    • ‘Destination States’ experience a tension between economic needs, which require migrant labour, and political needs, which promote nativist policies that impose domicile restrictions on employment and social security.
    • On the flip side, the ‘sending States’ are highly motivated to serve their “own people” because they vote in their source villages.
    • This fragmented policy response to internal migration follows from State-specific calculations.
    • Development policy in India has bet big on rural development as an antidote to migration.
    • This widespread ‘sedentary bias’ continues to influence policy even though migration is an important pathway for impoverished marginalised rural households to find economic security (and social emancipation).

    2] Categorisation challenge

    • Migrants are a perennially fuzzy category in policy discourse, located inside two larger categories: the unorganised worker and the urban poor.
    • Even the e-Shram portal, which has made impressive progress in registering unorganised workers, has been unable to accurately distinguish and target migrants.
    • Policy interventions in major urban destinations continue to conflate the urban poor with low-income migrants.
    • Hence, slum development continues as the primary medium for alleviating migrant concerns, while in reality, most migrants live on worksites that are entirely out of the policy gaze.

    3] Gaps in the data

    • Migration policy discourse is seemingly paralysed by the now well-acknowledged failure of official datasets to capture the actual scale and the frequency of internal migration in India.
    •  Data systems designed to periodically record only one spatial location have posed great challenges to welfare delivery for up to 500 million people who are part of multi-locational migrant households.
    • The novel coronavirus pandemic has placed a sharp focus on problems such as educating and vaccinating those children who accompany their migrant parents, or ensuring that migrant women avail maternity benefits at multiple locations.

    Way forward: Strategic policy guidance by Centre and a platform for inter-State coordination

    • Policy in India often emerges from the ground up, taking decades to cement into national law and standard practice.
    • We have seen this in education and food security.
    • State’s initiatives: In migration too, many States have initiated data projects that can track migrants and generate dynamic real-time data that aid welfare delivery.
    • Maharashtra’s Migration Tracking System (MTS), Chhattisgarh’s State Migrant Workers Policy is premised on registering migrant workers at source and tracking them through phone-based outreach systems.
    • Multisectoral approach: There is further need for multisectoral approaches underpinned by a strategic convergence across government departments and initiatives.
    • Odisha’s Planning and Convergence Department, which offers an institutional mechanism for inter-departmental coordination, is one possible model.
    • Important role of the Centre:  State-level political economy constraints make the Centre’s role particularly crucial in addressing issues of inter-State migrant workers at ‘destination States’.
    • The NITI Aayog’s Draft Policy on Migrant Workers is a positive step forward.

    Conclusion

    Strategic initiatives to provide migrants safety nets regardless of location as well as bolster their ability to migrate safely and affordably must keep up the momentum toward migrant-supportive policy.

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  • No need for laws to enforce duties on citizens: AG

    Attorney-General K.K. Venugopal said that there was no need to enact specific laws to “enforce” fundamental duties on citizens.

    What is the case?

    • The Supreme Court is entertaining a public interest litigation (PIL) petition to enforce the fundamental duties of citizens, including patriotism and unity of nation, through “comprehensive, well-defined laws”.

    Precursor to AG’s remark

    • The Supreme Court has directed in the Ranganath Mishra judgment of 2003 regarding the implementation of the Justice J.S. Verma Committee’s report on the “operationalization of fundamental duties”.
    • The committee’s work was a part of a report of the National Commission to Review the Working of the Constitution.
    • The report had urged the government to sensitise people to, and create general awareness of, their duties and the protection of minorities and freedom of religion.

    What are Fundamental Duties?

    • The fundamental duties of citizens were added to the constitution by the 42nd Amendment in 1976, upon the recommendations of the Swaran Singh Committee.
    • It basically imply the moral obligations of all citizens of a country and today, there are 11 fundamental duties in India, which are written in Part IV-A of the Constitution, to promote patriotism and strengthen the unity of India.
    • The FDs obligate all citizens to respect the national symbols of India, including the constitution, to cherish its heritage, preserve its composite culture and assist in its defence.
    • They also obligate all Indians to promote the spirit of common brotherhood, protect the environment and public property, develop scientific temper, abjure violence, and strive towards excellence in all spheres of life.

    Judicial interpretation of FDs

    • The Supreme Court has held that FDs are not enforceable in any Court of Law.
    • It ruled that these fundamental duties can also help the court to decide the constitutionality of a law passed by the legislature.
    • There is a reference to such duties in international instruments such as the Universal Declaration of Human Rights and International Covenant on Civil and Political Rights, and Article 51A brings the Indian constitution into conformity with these treaties.

    Total FDs

    • Originally ten in number, the fundamental duties were increased to eleven by the 86th Amendment in 2002.

    The 10 fundamental duties are as follows:

    1. To oblige with the Indian Constitution and respect the National Anthem and Flag
    2. To cherish and follow the noble ideas that inspired the national struggle for freedom
    3. To protect the integrity, sovereignty, and unity of India
    4. To defend the country and perform national services if and when the country requires
    5. To promote the spirit of harmony and brotherhood amongst all the people of India and renounce any practices that are derogatory to women
    6. To cherish and preserve the rich national heritage of our composite culture
    7. To protect and improve the natural environment including lakes, wildlife, rivers, forests, etc.
    8. To develop scientific temper, humanism, and spirit of inquiry
    9. To safeguard all public property
    10. To strive towards excellence in all genres of individual and collective activities

    The 11th fundamental duty which was added to this list is:

    1. To provide opportunities for education to children between 6-14 years of age, and duty as parents to ensure that such opportunities are being awarded to their child. (86th Amendment, 2002)

    Try this PYQ from CSP 2017:

    Q. Which of the following is/are among the Fundamental Duties of citizens laid down in the Indian Constitution?

    1. To preserve the rich heritage of our composite culture
    2. To protect the weaker sections from social injustice
    3. To develop the scientific temper and spirit of inquiry
    4. To strive towards excellence in all spheres of individual and collective activity.

    Select the correct answer using the codes given below:

    (a) 1 and 2 only

    (b) Only 2

    (c) 1, 3 and 4 only

    (d) 1, 2, 3 and 4

     

    [wpdiscuz-feedback id=”vi1m5s5vrg” question=”Please leave a feedback on this” opened=”1″]Post your answers here.[/wpdiscuz-feedback]

     

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  • 13 new districts created in Andhra Pradesh

    Andhra Pradesh has got a new map with the creation of 13 new districts, taking the number of total districts in the state to 26.

    What are Districts?

    • India’s districts are local administrative units inherited from the British Raj.
    • They generally form the tier of local government immediately below that of India’s subnational states and territories.
    • A district is headed by a Deputy Commissioner/ Collector, who is responsible for the overall administration and the maintenance of law and order.
    • The district collector may belong to IAS (Indian Administrative Service).
    • Districts are most frequently further sub-divided into smaller administrative units, called either tehsils or talukas or mandals, depending on the region.

    How are new districts carved?

    • The power to create new districts or alter or abolish existing districts rests with the State governments.
    • This can either be done through an executive order or by passing a law in the State Assembly.
    • Many States prefer the executive route by simply issuing a notification in the official gazette.

    How does it help?

    • States argue that smaller districts lead to better administration and governance.
    • For example, in 2016, the Assam government issued a notification to upgrade the Majuli sub-division to Majuli district for “administrative expediency”.

    Does the Central government have a role to play here?

    • The Centre has no role to play in the alteration of districts or creation of new ones. States are free to decide.
    • The Home Ministry comes into the picture when a State wants to change the name of a district or a railway station.
    • The State government’s request is sent to other departments and agencies such as the Ministry of Earth Sciences, Intelligence Bureau, Department of Posts, Geographical Survey of India Sciences and the Railway Ministry seeking clearance.
    • A no-objection certificate may be issued after examining their replies.

     

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  • Delimitation of Constituencies in Jammu and Kashmir

    Members of the Jammu & Kashmir Delimitation Commission faced protests in Jammu as they embarked on a two-day visit to hold consultations with citizens, civil society groups and political parties.

    What is Delimitation and why is it needed?

    • Delimitation is the act of redrawing boundaries of an Assembly or Lok Sabha seat to represent changes in population over time.
    • This exercise is carried out by a Delimitation Commission, whose orders have the force of law and cannot be questioned before any court.
    • The objective is to redraw boundaries (based on the data of the last Census) in a way so that the population of all seats, as far as practicable, be the same throughout the State.
    • Aside from changing the limits of a constituency, the process may result in a change in the number of seats in a state.

    Delimitation in J&K

    • Assembly seats in J&K were delimited in 1963, 1973 and 1995.
    • Prior to August 5, 2019, carving out of J&K’s Assembly seats was carried out under the J&K Constitution and Jammu and Kashmir Representation of the People Act, 1957.
    • Until then, the delimitation of Lok Sabha seats in J&K was governed by the Constitution of India.
    • However, the delimitation of the state’s Assembly was governed by the J&K Constitution and J&K Representation of the People Act, 1957.
    • There was no census in the state in 1991 and hence no Delimitation Commission was set up by the state until 2001 census.

    Why is it in the news again?

    • After the abrogation of J&K’s special status in 2019, the delimitation of Lok Sabha and Assembly seats in the newly-created UT would be as per the provisions of the Indian Constitution.
    • On March 6, 2020, the government set up the Delimitation Commission, headed by retired Supreme Court judge Ranjana Prakash Desai, which was tasked with winding up delimitation in J&K in a year.
    • As per the J&K Reorganization Bill, the number of Assembly seats in J&K would increase from 107 to 114, which is expected to benefit the Jammu region.

    Factors considered during Delimitation

    • The number of districts had increased from 12 to 20 and tehsils from 52 to 207 since the last delimitation.
    • The population density ranged from 29 persons a square km in Kishtwar to 3,436 persons a square km in Srinagar.
    • The remoteness of the place, inaccessibility etc are also considered during the exercise.

    Concerns raised over Delimitation

    • Jammu vs. Kashmir: Concerns had been expressed over how the delimitation process may end up favoring the Jammu region over Kashmir in terms of the seats.
    • Under-representation of Ladakh: Arguments have been made on how Ladakh has been underrepresented, with demands for statehood/sixth schedule.
    • Non-proportionate reservations: It is argued that seats for STs should’ve been divided in both Jammu province & Kashmir province, as the ST population is almost equal.

  • Marital rape

    Context

    Justice M. Nagaprasanna of the Karnataka High Court on March 23, 2022, in the case of Hrishikesh Sahoo vs State of Karnataka, pronounced the end of the marital rape exception.

    Background of the case

    • This judgment was a result of a unique case where a woman had filed a criminal complaint of rape against her husband due to the repeated acts of sexual assault she had to face.
    • Marital rape exception to Section 375: The police registered her complaint under Section 376 notwithstanding the marital rape exception, a charge sheet was filed and the Sessions Judge took cognisance and framed charges under Section 376.
    • This led to the husband approaching the High Court seeking to quash the criminal proceedings.
    • In a nuanced and far-reaching judgment, Justice Nagaprasanna refused to quash the charge of rape against the husband.

    Violation of rights of woman

    • Violation of the right to equality: Justice Nagaprasanna held that if a man, being a husband is exempted for his acts of sexual assault, it would destroy women’s right to equality, which is the very soul of the Constitution.
    • Discrimination: He held that the Constitution recognises and grants equal status to women, but the exception to marital rape in the IPC amounts to discrimination because a wife is treated as subordinate to the husband.
    • The Constitution considers marriage as an association of equals and does not in any sense depict women to be subordinate to men and guarantees women the fundamental rights under Articles 14, 15, 19 and 21 the right to live with dignity, personal liberty, bodily integrity, sexual autonomy, right to reproductive choices, right to privacy, right to freedom of speech and expression.
    • n Independent Thought vs Union of India (2017), the Supreme Court of India diluted it and removed the exception to marital rape to a wife not below 15 years and made it 18 years.

    Historical roots of the principle of exception

    • The exception to marital rape in common law was due to the dictum by Chief Justice Matthew Hale of Britain in 1736 where he argued that by marriage, a woman gave up her body to the husband and was accepted as an enduring principle of common law, due to which a husband could not be guilty of raping his wife.
    • This was therefore translated into criminal codes, including the Indian Penal Code which India adopted.
    • This principle has now been completely abolished.
    • In the United Kingdom, in 1991, the exception to marital rape was done away with in the case of R. vs R. The House of Lords held that where the common law rule no longer represents what is the true position of a wife in present-day society.
    • The court held that a husband’s immunity as expounded by Chief Justice Matthew Hale no longer exists.

    Conclusion

    The Karnataka High Court, by holding that the exception to marital rape in Section 375 is regressive and in violation of the constitutional guarantee of equality, has now truly pronounced the death knell of the marital rape exception.

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  • It’s time to repeal AFSPA

    Context

    The Centre on Thursday significantly reduced the footprint of the Armed Forces Special Powers Act (AFSPA), 1958 in the Northeast, withdrawing it entirely from 23 districts in Assam; and partially from seven districts in Nagaland, six districts in Manipur, and one district in Assam.

    Background of AFSPA

    • AFSPA was adopted in 1958 during the early days of the Naga uprising to apply to what was then the state of Assam and the union territory of Manipur.
    • The counterinsurgency campaigns against the Nagas were counterproductive.
    • In the following decades, as new states were formed in Northeast India, AFSPA was amended to accommodate the names of those states.

    Provision under AFSPA, 1958

    • AFSPA allows civilian authorities to call on the armed forces to come to the assistance of civil powers.
    • Sweeping powers to armed forces: Once a state — or a part of a state — is declared “disturbed” under this law, the armed forces can make preventive arrests, search premises without warrants, and even shoot and kill civilians.
    • Approval of central government for legal action: Legal action against those abusing these powers requires the prior approval of the central government — a feature that functions as de facto immunity from prosecution.

    Issues with AFSPA

    • Critics charge that it effectively suspends fundamental freedoms and creates a de facto emergency regime.
    • In 2012, a petition was filed in the Supreme Court to investigate as many as 1,528 cases of fake encounters that allegedly occurred in the state between 1979 and 2012.
    • Supreme Court appointed a three-member commission to inquire into the first six of the 1,528 cases in the petition.
    • Its interim judgment of July 2016 said that “there is some truth in the allegations, calling for a deeper probe”.
    • In the court’s view, AFSPA clearly provided the context for these killings.

    Demand for changes and repeal

    • When the Supreme Court pronounced AFSPA constitutional in 1997, it also recommended some changes.
    • Among them was the stipulation that a “disturbed area” designation be subjected to review every six months.
    • In some parts of Northeast India, AFSPA is now routinely extended every six months. But there is little evidence that any meaningful review occurs at those times.
    • In 2004, the then central government set up a five-member committee under former Supreme Court Justice Jeevan Reddy, which submitted its report in 2005 recommending the repeal of AFSPA, calling it “highly undesirable”, and saying it had become a symbol of oppression.
    • Subsequently, the Second Administrative Reforms Commission, headed by Veeerapa Moily, endorsed these recommendations.

    Conclusion

    One must welcome the government’s announcement to reduce the number of such areas. But not to consider the repeal of this law, which is now almost as old as the Republic, is a missed opportunity to reflect on why this law has or has not been successful, and to learn from this history and strengthen the foundation of our democracy.

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  • India-Australia sign Economic Cooperation and Trade Agreement (ECTA)

    India and Australia signed an Economic Cooperation and Trade Agreement (ECTA) in the presence of PM Narendra Modi and his counterpart in Canberra Scott Morrison.

    India-Australia ECTA

    • It is the first trade agreement of India with a developed country after more than a decade.
    • The Agreement encompasses cooperation across the entire gamut of bilateral economic and commercial relations between the two friendly countries.
    • It covers areas like Trade in Goods, Rules of Origin, Trade in Services, Technical Barriers to Trade (TBT), Sanitary and Phytosanitary (SPS) measures, Dispute Settlement, Movement of Natural Persons, Telecom, Customs Procedures, Pharmaceutical products, and Cooperation in other Areas.
    • Eight subject specific side letters covering various aspects of bilateral economic cooperation were also concluded as part of the Agreement.

    Background of the ECTA

    • The negotiations for India-Australia ECTA were formally re-launched on 30 September 2021 and concluded on a fast-track basis by the end of March 2022.
    • India and Australia enjoy excellent bilateral relations that have undergone transformative evolution in recent years, developing along a positive track, into a friendly partnership.
    • Growing India-Australia economic and commercial relations contribute to the stability and strength of a
    • Australia is the 17th largest trading partner of India and India is Australia’s 9th largest trading partner.

    Features of the agreement

    • The ECTA between India and Australia covers almost all the tariff lines dealt in by India and Australia respectively.
    • India will benefit from preferential market access provided by Australia on 100% of its tariff lines.
    • This includes all the labour-intensive sectors of export interest to India such as Gems and Jewellery, Textiles, leather, footwear, furniture, food, and agricultural products, engineering products, medical devices, and Automobiles.
    • India will be offering preferential access to Australia on over 70% of its tariff lines, including lines of export interest to Australia which are primarily raw materials and intermediaries such as coal, mineral ores and wines etc.
    • As regards trade in services, Australia has offered wide ranging commitments in around 135 sub sectors and Most Favoured Nation (MFN) in 120 sub sectors which cover key areas of India’s interest like IT, ITES, Business services, Health, Education, and Audio visual.
    • Both sides have also agreed to a separate Annex on Pharmaceutical products under this agreement, which will enable fast track approval for patented, generic and biosimilar medicines.

    Way ahead

    • The India-Australia ECTA will further cement the already deep, close and strategic relations between the two countries.
    • It will significantly enhance bilateral trade in goods and services, create new employment opportunities, raise living standards, and improve the general welfare of the peoples of the two countries.

     

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  • Explained: The ‘Chandigarh Question’

    The newly elected Punjab Legislative Assembly passed a resolution, moved by the Chief Minister himself, on April 1 in a special session seeking the transfer of Chandigarh to Punjab.

    With this, the ‘Chandigarh question’ has resurfaced, but this time it occupies the national spotlight.

    Establishment of Chandigarh

    • Chandigarh is described as a ‘planned city’ emblematic of ‘Nehruvian modernity’.
    • It is a greenfield city, which was commissioned by the government in independent India to replace Lahore, which went to Pakistan after Partition, as the capital of Punjab.
    • Designed by Le Corbusier in association with Pierre Jeanneret, it is located on the foothills of the Shivalik Himalayas on village land acquired from what was then the Kharar tehsil of Ambala district.
    • It was the capital of undivided Punjab from its inauguration in 1953 till 1966.

    Bifurcation of Punjab and Common Capital

    • Under the Punjab Reorganisation Act, 1966 following the Punjabi Suba movement, Haryana was carved out of the Hindi-speaking regions as a separate State.
    • The hill regions of Punjab were merged with what was then the Union Territory (UT) of Himachal Pradesh.
    • Chandigarh was made a UT and has remained the joint capital of Haryana and Punjab with State assets divided between Punjab and Haryana in a ratio of 60:40.

    What is the Chandigarh issue?

    • Since 1966, the lack of full rights to its capital has remained a vexed issue in Punjab politics.
    • All the governments and most political parties of Punjab have regularly raised the demand for Chandigarh.
    • It has featured in all major developments, whether it is the 1973 Anandpur Sahib resolution, Dharam Yudh Morcha (then separatist movement) and the 1985 Rajiv-Longowal Accord.
    • Since 1966, the Punjab Assembly has passed at least six such resolutions with the last being in 2014 under the Shiromani Akali Dal-Bharatiya Janata Party (SAD-BJP) government.
    • The Centres’ opposition to the latest Assembly resolution is the first time a political party has taken a contrarian stand.

    What is different this time?

    • The immediate provocation this time has been two recent decisions of the Central government: breaking allies with erstwhile govt and withdrawal of farm laws.
    • The Centre also amended the rules governing the functioning of the Bhakra Beas Management Board (BBMB), constituted under the 1966 Act.
    • It changed the eligibility criteria for the two full-time members of the Board which have, though technically open to all Indian officials, by convention gone to officials from Punjab and Haryana.
    • These moves are widely interpreted as a continuation of the Centre’s contentious relationship with the other political parties.
    • It gives an affront blow to Punjab’s claim over Chandigarh.

    What has been the position of the Union government on the city?

    • At the time of the 1966 Act, the Union government with Indira Gandhi as Prime Minister indicated that the UT status to Chandigarh was temporary and that it would be transferred to Punjab.
    • This decision was formalised in 1970 with Mrs Gandhi promising Haryana funds for building its own capital.
    • According to the 1985 Rajiv-Longowal Accord, Chandigarh was to be handed over to Punjab on January 26, 1986 but this never fructified after the assassination of Longowal and the long period of militancy.
    • The recent developments could thus indicate a shift in the Central government’s position.

    What about Haryana?

    • As in Punjab, all parties in Haryana present a common position asserting its claim to the city.
    • It has objected to any move which associates Chandigarh solely with Punjab.

    Is there a distinctive Chandigarh position?

    • Employees and unions of the Chandigarh administration have mostly welcomed the change in service rules since the Central provisions carry more benefits and perks.
    • After decades of existence as a UT, Chandigarh has developed a distinctive cultural character.
    • Given its geographical location it has the presence of many educational institutions, medical establishments and the Army and Air Force.
    • It has developed a unique cosmopolitanism and become a magnet for the youth across the north western region.
    • They city residents thus favour the status quo.

    Way forward

    • While this time the issue has attracted more attention than usual.
    • Its Punjab mandate indicates massive expectations from the electorate including better service conditions from government employees but it has inherited a debt-ridden government.
    • The new govt will have to balance these contending claims in deciding further action.

     

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  • State of Emergency in Sri Lanka

    A day after angry mob converged in front of President Gotabaya Rajapaksa’s Colombo residence, demanding he step down immediately, he declared a state of Emergency in Sri Lanka.

    Sri Lankan Crisis: A backgrounder

    • Sri Lanka’s economic crisis can be traced to two key developments— the Easter Sunday bombings of 2019 that deterred tourists, and the pandemic since early 2020.
    • These events stalled recovery and further drained the economy.
    • As it grappled with an unprecedented challenge, the Rajapaksa regime made policy choices that are now proving to be costly.
    • It cut the government’s tax revenue substantially and rushed into an ‘organic only’ agricultural policy that will likely slash this year’s harvest by half.
    • The weak and debt-ridden economy with the lingering strain of the pandemic, and ill-advised policies accelerated the downward spiral.

    What were the economic indicators?

    • COVID-19 hit Sri Lanka’s key foreign revenue earning sectors hard.
    • Earnings from tourism, exports, and worker remittances fell sharply in the last two years.
    • But the country could not stop importing essentials, and its dollar account began dwindling.
    • Fast draining foreign reserves, a glaring trade deficit, and a related Balance of Payments problem came as crucial signals.
    • Colombo’s huge foreign loan obligations and the drop in domestic production compounded the economic strain.

    When did things begin to worsen?

    • The long-simmering crisis made its first big announcement during last August’s food emergency, when supplies were badly affected.
    • It was soon followed by fears of a sovereign default in late 2021, which Sri Lanka averted.
    • But without enough dollars to pay for the country’s high import bill, the island continued facing severe shortage of essentials — from fuel, cooking gas, and staple foodgrains to medicines.

    How did the crisis manifest itself on the ground?

    • Consumers could not find the most basic things such as petrol, LPG cylinders, kerosene, or milk in the market.
    • They spent hours waiting in long queues outside fuel stations or shops.
    • Supermarket shelves were either empty or had products with high price tags that most could not afford.
    • For instance, the price of one kg of milk powder, a staple item in dairy-deficient Sri Lanka, suddenly shot up to nearly LKR 2000 in March.
    • Be it cooking gas, oils, rice, pulses, vegetables, fish, meat, consumers found themselves paying substantially more, or simply had to forego the item.
    • The fuel shortage has led to long blackouts — up to 13 hours — across the island.

    What is the situation now?

    • The value of the Sri Lankan rupee has dropped to 300 against a U.S. dollar (and even more than 400 in the black market), putting importers in a difficult spot.
    • The government is unable to pay for its import shipments, forcing consignments to leave the Colombo port.
    • For the average citizen contending with COVID-induced salary cuts and job losses, the soaring living costs have brought more agony.

    How did India help mitigate the crisis?

    • India has extended $2.4 billion this year.
    • China, that is considering a fresh request from Colombo for $2.5 billion assistance, in addition to the $2.8 billion it has extended since the pandemic broke out.
    • The government has decided to negotiate an International Monetary Fund programme, while seeking support from other multilateral and bilateral sources.
    • But even with all this help, Sri Lanka can barely manage.

    How has it affected the people?

    • Sri Lankans are seething with anger, going by public demonstrations and protests.
    • They want the President to step down immediately and the ruling clan to leave the country’s helm.
    • They have been agitating in different parts of the country, including near the President’s home.
    • Former military man Gotabaya Rajapaksa, who came to power on a huge mandate in 2019, is Sri Lanka’s most unpopular leader today.
    • Following the protests near his home, Mr. Rajapaksa said “extremists” were plotting an ‘Arab Spring’ and hence he declared a state of Emergency.

    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:

    Q. 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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  • BIMSTEC

    Context

    The fifth summit of the regional grouping, the Bay of Bengal Initiative for Multi-Sectoral Technical and Economic Cooperation (BIMSTEC), held virtually in Colombo on March 30, has advanced the cause of regional cooperation and integration.

    Colombo package

    • Economic challenges: Representing a fifth of the world’s population that contributes only 4% of the global GDP, can this multilateral grouping trigger accelerated economic development?
    • It was clear that BIMSTEC first needed to strengthen itself — by re-defining its purpose and rejuvenating its organs and institutions.
    • The eventual result is now seen in the package of decisions and agreements announced at the latest summit.

    Achievement of Colombo Summit

    • 1] Adoption of Charter: Adopted formally, it presents BIMSTEC as “an inter-governmental organization” with “legal personality.”
    • BIMSTEC’s purposes: Defining BIMSTEC’s purposes, it lists 11 items in the first article.
    • Among them is acceleration of “the economic growth and social progress in the Bay of Bengal region”, and promotion of “multidimensional connectivity”.
    • The grouping now views itself not as a sub-regional organisation but as a regional organisation whose destiny is linked with the area around the Bay of Bengal.
    • 2] Reduction in the sectors of cooperation: The second element is the decision to re-constitute and reduce the number of sectors of cooperation from the unwieldy 14 to a more manageable seven.
    • Each member-state will serve as a lead for a sector: trade, investment and development (Bangladesh); environment and climate change (Bhutan); security, including energy (India); agriculture and food security (Myanmar); people-to-people contacts (Nepal); science, technology and innovation (Sri Lanka), and connectivity (Thailand).
    • 3] Adoption of the Master Plan for Transport Connectivity:  the summit participants adopted the Master Plan for Transport Connectivity applicable for 2018-2028.
    •  It was devised and backed by the Asian Development Bank (ADB).
    • It lists 264 projects entailing a total investment of $126 billion.
    • Projects worth $55 billion are under implementation. BIMSTEC needs to generate additional funding and push for timely implementation of the projects.
    • 4] Signing of three new agreements: Finally, the package also includes three new agreements signed by member states, relating to mutual legal assistance in criminal matters, cooperation between diplomatic academies, and the establishment of a technology transfer facility in Colombo.

    Challenges

    • The pillar of trade, economic and investment cooperation needs greater strengthening and at a faster pace.
    • Absence of FTA: Despite signing a framework agreement for a comprehensive Free Trade Agreement (FTA) in 2004, BIMSTEC stands far away from this goal.
    • Lack of legal instruments: The need for expansion of connectivity was stressed by one and all, but when it comes to finalising legal instruments for coastal shipping, road transport and intra-regional energy grid connection, much work remains unfinished.
    • There needs to be mention of the speedy success achieved in deepening cooperation in security matters and management of Humanitarian Assistance and Disaster Relief (HADR).
    • Focus more on new areas: BIMSTEC should focus more in the future on new areas such as the blue economy, the digital economy, and promotion of exchanges and links among start-ups and Micro, Small and Medium Enterprises (MSMEs).
    •  Step up the personal engagement of political leadership: The personal engagement of the political leadership should be stepped up.
    • The decision taken in Colombo to host a summit every two years is welcome if implemented.
    • Greater visibility:  BIMSTEC needs greater visibility.
    • India’s turn to host the G20 leaders’ summit in 2023 presents a golden opportunity, which can be leveraged optimally. Perhaps all its members should be invited to the G20 summit as the chair’s special guests.
    • Simplify the groupings name: The suggestion to simplify the grouping’s name needs urgent attention.
    • The present name running into 12 words should be changed to four words only — the Bay of Bengal Community (BOBC).
    • It will help the institution immensely. Brevity reflects gravitas.

    Conclusion

    BIMSTEC is no longer a mere initiative or programme. The question to address is whether it is now capable of tackling the challenges facing the region.

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