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GS Paper: GS2

  • [pib] Fast Track Special Courts

    The Union Cabinet has approved the continuation of 1023 Fast Track Special Court (FTSCs) including 389 exclusive POCSO Courts for two more years.

    Fast Track Special Courts

    • Fast Track Special Courts are dedicated courts expected to ensure swift dispensation of justice.
    • They have a better clearance rate as compared to the regular courts and hold speedy trials.
    • Besides providing quick justice to the hapless victims, it strengthens the deterrence framework for sexual offenders.
    • Central Share is to be funded from Nirbhaya Fund. The Scheme was launched on 02.10.2019.
    • To bring more stringent provisions and expeditious trial and disposal of such cases, the Central Government enacted “The Criminal Law (Amendment) Act, 2018”.
    • It made provision of stringent punishment including the death penalty for perpetrators of rape.
    • This led to the establishment of the Fast Track Special Courts (FTSCs).

     Note: Article 247 gives power to Parliament to establish certain additional courts for the better administration of laws made by it or of any existing laws with respect to a matter enumerated in the Union List.

    Benefits offered by fast track courts

    • Further the commitment of the Nation to champion the cause of safety and security of women and girl child.
    • Reduce the number of pending cases of Rape & POCSO Act.
    • Provide speedy access to justice to the victims of sexual crimes and act as a deterrent for sexual offenders.
    • Fastracking of these cases will declog the judicial system of the burden of case pendency.

  • Governors can pardon death row: Supreme Court

    The Supreme Court has held that the Governor of a State can pardon prisoners, including death row ones, even before they have served a minimum of 14 years of a prison sentence.

    SC Judgement: Section 433-A CrPC

    • The Governor’s power to pardon overrides a provision in the Code of Criminal Procedure — Section 433A.
    • This article mandates that a prisoner’s sentence can be remitted only after 14 years of jail.
    • Such power is in the exercise of the power of the sovereign, though the Governor is bound to act on the aid and advice of the State Government, the apex court observed.
    • Section 433-A of the Code cannot and does not in any way affect the constitutional power conferred on the President/Governor to grant pardon under Articles 72 or 161 of the Constitution.

    What does one mean by Pardon?

    • A pardon is a government/executive decision to allow a person to be absolved of guilt for an alleged crime or other legal offense as if the act never occurred.

    Why need Pardon?

    • Pardons can be granted when individuals are deemed to have demonstrated that they have “paid their debt to society”, or are otherwise considered to be deserving of them.
    • Pardons are sometimes offered to persons who were either wrongfully convicted or who claim that they were wrongfully convicted.
    • Pardons are sometimes seen as a mechanism for combating corruption, allowing a particular authority to circumvent a flawed judicial process to free someone that is seen as wrongly convicted.

    Pardoning powers in India

    • Under the Constitution of India (Article 72), the President of India can grant a pardon or reduce the sentence of a convicted person, particularly in cases involving capital punishment.
    • A similar and parallel power vests in the governors of each state under Article 161.

    [I] President

    1. Article 72 says that the president shall have the power to grant pardons, reprieves, respites or remissions of punishment or to suspend, remit or commute the sentence of any person convicted of any offense.
    2. The pardoning powers of the Indian President are elucidated in Art 72 of the Indian Constitution. There are five different types of pardoning that are mandated by law.
    • Pardon: means completely absolving the person of the crime and letting him go free. The pardoned criminal will be like a normal citizen.
    • Commutation: means changing the type of punishment given to the guilty into a less harsh one, for example, a death penalty commuted to a life sentence.
    • Reprieve: means a delay allowed in the execution of a sentence, usually a death sentence, for a guilty person to allow him some time to apply for Presidential Pardon or some other legal remedy to prove his innocence or successful rehabilitation.
    • Respite: means reducing the quantum or degree of the punishment to a criminal in view of some special circumstances, like pregnancy, mental condition etc.
    • Remission: means changing the quantum of the punishment without changing its nature, for example reducing twenty-year rigorous imprisonment to ten years.

    Cases as specified by art. 72

    • in all cases where the punishment or sentence is by a court-martial;
    • in all cases where the punishment or sentence is for an offence against any law relating to a matter to which the executive power of the Union extends;
    • in all cases where the sentence is a sentence of death.

    [II] Governor

    • Similarly, as per article 161: Governor of a State has the power to grant pardons, reprieves, respites or remissions of punishment or to suspend, remit or commute the sentence of any person convicted of any offence against any law.
    • It must be relating to a matter to which the executive power of the state extends.
    • President can grant pardon to a person awarded a death sentence. But a governor of a state does not enjoy this power.

    Nature of the Pardoning Power

    • Not absolute: The question is whether this power to grant pardon is absolute or this power of pardon shall be exercised by the President on the advice of Council of Ministers.
    • Aid and advice: The pardoning power of the president is not absolute. It is governed by the advice of the Council of Ministers.
    • Constitution is silent on this: This has not been discussed by the constitution but is the practical truth. Further, it does not provide for any mechanism to question the legality of decisions of President or governors exercising mercy jurisdiction.
    • Judicial review applicable: But the SC in Epuru Sudhakar case has given a small window for judicial review of the pardon powers of President and governors for the purpose of ruling out any arbitrariness.

    Some traditions

    • It is important to note that India has a unitary legal system and there is no separate body of state law.
    • All crimes are crimes against the Union of India.
    • Therefore, a convention has developed that the governor’s powers are exercised for only minor offenses.
    • While requests for pardons and reprieves for major offenses and offenses committed in the UTs are deferred to the President.

  • Tribunals Reforms Bill, 2021

    The Lok Sabha has hastily passed the Tribunals Reforms Bill, 2021 without any debate.

    Highlights of the Tribunals Reforms Bill, 2021

    The Bill seeks to dissolve certain existing appellate bodies and transfer their functions (such as adjudication of appeals) to other existing judicial bodies:

    Transfer of functions of key appellate bodies as proposed under the Bill:

    Acts

    Appellate Body

    Proposed Entity
    The Cinematograph Act, 1952 Appellate Tribunal High Court
    The Trade Marks Act, 1999 Appellate Board High Court
    The Copyright Act, 1957 Appellate Board Commercial Court or the Commercial Division of a High Court*
    The Customs Act, 1962 Authority for Advance Rulings High Court
    The Patents Act, 1970 Appellate Board High Court
    The Airports Authority of India Act, 1994 Airport Appellate Tribunal
    • Central government, for disputes arising from the disposal of properties left on airport premises by unauthorised occupants.
    • High Court, for appeals against orders of an eviction officer.
    The Control of National Highways (Land and Traffic) Act, 2002 Airport Appellate Tribunal Civil Court#
    The Geographical Indications of Goods (Registration and Protection) Act, 1999 Appellate Board High Court

     

    Amendments to the Finance Act, 2017:

    • The Finance Act, 2017 merged tribunals based on domain.
    • It also empowered the central government to notify rules on: (i) composition of search-cum-selection committees, (ii) qualifications of tribunal members, and (iii) their terms and conditions of service (such as their removal and salaries).
    • The Bill removes these provisions from the Finance Act, 2017.
    • Provisions on the composition of selection committees and term of office have been included in the Bill. Qualification of members and other terms and conditions of service will be notified by the central government.

  • [pib] Sabki Yojna Sabka Vikas Campaign

    The Government has launched ‘Sabki Yojna Sabka Vikas’ campaign for inclusive and holistic preparation of the Gram Panchayat Development Plan (GPDP).

    Sabki Yojna Sabka Vikas

    • Under Article 243 G of the Constitution, Panchayats have been mandated for the preparation and implementation of plans for economic development and social justice.
    • Thus, Panchayats have a significant role to play in the effective and efficient implementation of flagship schemes/programs on subjects of national importance for transforming rural India.
    • The objectives of the campaign broadly include strengthening of elected representatives and Self-Help Groups, evidence-based assessment of progress made.
    • The campaign aimed to help Gram Panchayats (GPs) in preparation of convergent and holistic GPDP through the identification of sectoral infrastructural gaps in respective areas.

    Back2Basics: Gram Panchayat Development Plan (GPDP)

    • The Gram Panchayats are constitutionally mandated for the preparation of GPDP for economic development and social justice utilizing resources available with them.
    • The GPDP should be comprehensive and based on a participatory process involving the community particularly Gram Sabha.
    • It will be in convergence with schemes of all related Central Ministries / Line Departments related to 29 subjects listed in the Eleventh Schedule of the Constitution.

  • Disruption of Parliament

    Context

    Last week, a newspaper reported that the government is considering curtailing the monsoon session of Parliament on account of disruptions.

    Reasons for disruptions

    • In 2001, a day-long conference was held in the Central Hall of Parliament to discuss discipline and decorum in legislatures.
    • The inputs of participants of conference helped identify four reasons behind the disorderly conduct by MPs.
    • Inadequate time: The first was dissatisfaction in MPs because of inadequate time for airing their grievances.
    • Unresponsive attitude: The second was an unresponsive attitude of the government and the retaliatory posture of the treasury benches.
    • Adherence to norm: The third was political parties not adhering to parliamentary norms and disciplining their members.
    • Lack of action: The absence of prompt action against disrupting MPs under the legislature’s rules.

    Suggestions

    • Enforcement of a code of conduct for MPs and MLAs: The Lok Sabha has had a simple code of conduct for its MPs since 1952.
    • Newer forms of protest led to the updating of these rules in 1989.
    • Accordingly, members should not shout slogans, display placards, tear away documents in protest, play cassettes or tape recorders in the House.
    • A new rule empowers the Lok Sabha Speaker to suspend MPs obstructing the Houses’ business automatically.
    • But these suggestions have not been enforced so far.
    • Increase in working days: As recommended by the 2001 conference, there should be an increase in the working days of Parliament.
    • The conference had also resolved that Parliament should meet for 110 days every year and larger state legislative assemblies for 90 days.
    • Successive governments have shied away from increasing the working days of Parliament.
    • Our legislature should meet throughout the year, like parliaments of most developed democracies.
    • The concept of opposition days: In the United Kingdom, where Parliament meets over 100 days a year, opposition parties get 20 days on which they decide the agenda for discussion in Parliament.
    • The main opposition party gets 17 days and the remaining three days are given to the second-largest opposition party.
    • Canada also has a similar concept of opposition days.
    • This can also be done in India.

    Conclusion

    More strengthening of our Parliament is the solution to prevent disruption of its proceedings. It is the only mechanism to ensure that disrupting its proceedings or allowing them to be disrupted ceases to be a viable option.

  • Surveillance and human rights

    Context

    The Pegasus revelations reflect an attack on Indian democracy and Indian citizens.

    Role of government in protecting the fundamental and human rights of citizens

    • The surveillance of the target group in India through Pegasus raises doubts about the functioning of democracy in India.
    • Constitutional duty of government: The government has a constitutional duty to protect the fundamental and human rights of its citizens, irrespective of who they are.
    • There is clear evidence that the rule of law has been undermined.
    • More evidently, this reflects extremely poor governance.
    • The Intelligence Bureau, the Research and Analysis Wing, and the National Security Council Secretariat should have forewarned the government and citizens against such surveillance seriously violating privacy and fundamental rights.
    • The Supreme Court, in K.S. Puttaswamy v. Union of India (2017), declared privacy a constitutionally protected value.

    Violation of human rights

    • India is a signatory to the Universal Declaration of Human Rights.
    • Article 12 provides that everyone has the right to the protection of the law against arbitrary interference with his privacy, family, home or correspondence.
    • The International Covenant on Civil and Political Rights, also signed by India, in Article 17 states, “No one shall be subjected to arbitrary or unlawful interference with his privacy, family, home or correspondence, nor to unlawful attacks on his honour and reputation. Everyone has the right to the protection of the law against such interference or attacks.”
    • In K.S. Puttaswamy, the Supreme Court noted India’s commitments under international law and held that by virtue of Article 51 of the Constitution, India has to endeavour to “foster respect for international law and treaty obligations…”
    • The Protection of Human Rights Act, 1993 is a fallout of this commitment.

    Recommendations on digital communication technologies

    • The annual report of the United Nations High Commissioner for Human Rights (UNHCHR) in 2014 made recommendations on “digital communications technologies”.
    • Judicial oversight: The UNHCHR report stated, judicial involvement that meets international standards can help to make it more likely that the overall statutory regime will meet the minimum standards that international human rights law requires.
    • At the same time, the report stated that judicial involvement in oversight should not be viewed as a panacea.
    • Independent body: The report also recommended an independent oversight body to keep checks.
    • Effective remedy to victim: The International Covenant on Civil and Political Rights requires states parties to ensure that victims of violations of the Covenant have an effective remedy.
    • Role of business: The report also dealt with the role of businesses and stated that when a state requires that an information and communications technology company provide user data, it can only supply it in respect of legitimate reasons.
    • Earlier, due to concerns of member states, the General Assembly adopted Resolution 68/167 affirming that rights held by people offline must also be protected online.
    • The resolution also called upon all states to respect and protect the right to privacy, including in digital communication.

    Conclusion

    Indians have a right to call upon NSO to terminate the agreement, if any, with the Indian government or any private player and to cooperate with citizens to unravel the truth.

  • Making a case for Indo-Abrahamic accord

    Context

    An Egyptian scholar, Mohammed Soliman, has recently written about the significance of what he calls the emerging “Indo-Abrahamic Accord” and its trans-regional implications to the west of India.

    About Abraham Accord

    • Abraham Accord, signed in August last year in Washington, signifies the normalisation of Israel’s relations with the UAE and Bahrain.
    • The UAE and Bahrain were followed by Sudan and Morocco in signing the Abraham Accords.
    • Although Egypt (1979) and Jordan (1994) had established diplomatic relations with Israel earlier, the Abraham Accords are widely seen as making a definitive breakthrough in the relations between Israel and the Arabs.

    Factors in favour of accord

    • Depth of trilateral relationship: Although India had relations with UAE and Israel for many years, they certainly have acquired political depth and strategic character recently.
    • Converging interests: Turkish president Recep Tayyip Erdogan’s assertive claims for the leadership of the Islamic world and hostile stand against India on several issues, indicates converging interests between India, the UAE, and Israel.
    • One of the unintended consequences of Erdogan’s overweening regional ambition, his alienation of Israel as well as moderate Arabs, his conflict with Greece, and his embrace of Pakistan is the extraordinary opportunity for India to widen India’s reach to the west of the Subcontinent
    • Cooperation: There are many areas like defence, aerospace and digital innovation where the three countries can pool their resources and coordinate development policies.
    • India’s extended neighbourhood: The notion of a “Greater Middle East” can provide a huge fillip to India’s engagement with the extended neighbourhood to the west.

    India-Turkey relations

    • Hostile approach on Kashmir: Turkey has been championing Pakistan’s case on Kashmir after India changed the territorial status quo of the state in August 2019.
    • Blocking NSG entry: At Pakistan’s behest, Turkey is also blocking India’s entry into the Nuclear Suppliers Group.
    • The new geopolitical churn is also driven by Pakistan’s growing alignment with Turkey and its alienation from its traditionally strong supporters in the Arab Gulf — the UAE and Saudi Arabia.

    Opportunities for India in extended neighbourhood to the west

    • Relations with Greece: The renewed territorial disputes between Turkey and Greece, and Turkey’s quest for regional dominance has drawn Greece and the UAE closer.
    • Greece has also looked towards India to enhance bilateral security cooperation. 
    • Greece’s European partners like France, which have a big stake in the Mediterranean as well as the Arab Gulf, have taken an active interest in countering Turkey’s regional ambitions.
    • Erdogan’s support for the Muslim Brotherhood, which seeks to overthrow the current political order in the region, has deeply angered the governments of Egypt, Saudi Arabia and the UAE.
    • India’s relations with Egypt: If there is one country that can give substantive depth to the Indo-Abrahamic Accord it is Egypt.
    • Located at the cusp of Mediterranean Europe, Africa, and Asia, Egypt is the very heart of the Greater Middle East.
    • Independent India’s engagement with the region in the 1950s was centred on a close partnership with Egypt.
    • If Delhi and Cairo lost each other in recent decades, India can rebuild the strategic partnership jointly with the Egypt government which is calling for the construction of a “New Republic” in Egypt.
    • The notion of a “Greater Middle East” can provide a huge fillip to India’s engagement with the extended neighbourhood to the west.
    • The familiar regional institutions like the Arab League and the Organisation of Islamic Cooperation might endure but are incapable of addressing the region’s contradictions.

    Consider the question “Amid Turkey’s quest for regional dominance and hostility towards India, the deepening engagement between India, the UAE and Israel can be converted into a formal coalition on the lines of Abraham Accords” Comment.

    Conclusion

    The opportunities that are coming India’s way to the west of the Subcontinent are as consequential as those that have recently emerged in the east.

  • Preventive detention a necessary evil: Supreme Court

    Preventive detention, the dreaded power of the State to restrain a person without trial, could be used only to prevent public disorder, the Supreme Court held in a judgment.

    What is Preventive Detention?

    • Preventive detention means detaining a person so that to prevent that person from commenting on any possible crime.
    • In other words, preventive detention is an action taken by the administration on the grounds of the suspicion that some wrong actions may be done by the person concerned which will be prejudicial to the state.

    PD in India

    A police officer can arrest an individual without orders from a Magistrate and without any warrant if he gets any information that such an individual can commit any offense.

    • Preventive Detention Law, 1950: According to this law any person could be arrested and detained if his freedom would endanger the security of the country, foreign relations, public interests, or otherwise necessary for the country.
    • Unlawful Activities Prevention Act (UAPA) 1968: Within the ambit of UAPA law the Indian State could declare any organization illegal and could imprison anyone for interrogation if the said organization or person critiqued/questioned Indian sovereignty territorially.

    What is the difference between preventive detention and an arrest?

    • An ‘arrest’ is done when a person is charged with a crime.
    • In the case of preventive detention, a person is detained as he/she is simply restricted from doing something that might deteriorate the law-and-order situation.
    • Article 22 of the Indian Constitution provides protection against arrest and detention in certain cases.

    Rights of an Arrested Person in India

    A/c to Article 22(1) and 22(2) of the Indian constitution:

    • A person cannot be arrested and detained without being informed why he is being arrested.
    • A person who is arrested cannot be denied to be defended by a legal practitioner of his choice. This means that the arrested person has right to hire a legal practitioner to defend himself/ herself.
    • Every person who has been arrested would be produced before the nearest magistrate within 24 hours.
    • The custody of the detained person cannot be beyond the said period by the authority of magistrate.

    Exceptions for Preventive Detention

    Article 22(3) says that the above safeguards are not available to the following:

    • If the person is at the time being an enemy alien
    • If the person is arrested under certain law made for the purpose of “Preventive Detention”

    Constitutional provision

    • It is extraordinary that the framers of the Indian Constitution, who suffered most because of the Preventive Detention Laws, did not hesitate to give Constitutional sanctity.
    • B.R. Ambedkar was of the opinion that the freedom of the individual should not supersede the interests of the state.
    • He had also stated that the independence of the country was in a state of inflancy and in order to save it, preventive detention was essential.

    Issues with preventive detention

    • Arbitrariness: The police determinations of whether a person poses a threat are not tested at a trial by leading evidence or examined by legally trained persons.
    • Rights violation: Quiet often, there is no trial (upto 3 months), no periodic review, and no legal assistance for the detained person.
    • Abuse: It does not provide any procedural protections such as to reduce detainees’ vulnerability to torture and discriminatory treatment, and to prevent officials’ misusing preventive detention for subversive activities.
    • Tool for suppression: In the absence of proper safeguards, preventive detention has been misused, particularly against the Dalits and the minorities.

    What has the apex court recently rule?

    • Preventive detention is a necessary evil only to prevent public disorder.
    • The court must ensure that the facts brought before it directly and inevitably lead to harm, danger or alarm, or feeling of insecurity among the general public or any section thereof at large.
    • The State should not arbitrarily resort to “preventive detention” to deal with all and sundry “law and order” problems, which could be dealt with by the ordinary laws of the country.
    • Whenever an order under a preventive detention law is challenged, one of the questions the court must ask in deciding its legality is: was the ordinary law of the land sufficient to deal with the situation?
    • If the answer is in the affirmative, the detention order will be illegal.

    Upholding the Article 21

    • Preventive detention must fall within the four corners of Article 21 (due process of law) read with Article 22 (safeguards against arbitrary arrest and detention) and the statute in question, Justice Nariman ruled.
    • The Liberty of a citizen is a most important right won by our forefathers after long, historical, and arduous struggles.

    Conclusion

    • The constitutional philosophy of personal liberty is an idealistic view, the curtailment of liberty for reasons of State’s security; public order, disruption of national economic discipline, etc.
    • They are envisaged as a necessary evil to be administered under strict constitutional restrictions.
    • India is a large country and many separatist tendencies against the national security and integrity existed and existing and a strict law is required to counter the subversive activities.
    • The number of persons detained in these acts is not a very large and due attention is made before preventive detention.
    • Having such kind of acts has a restraining influence on the anti-social and subversive elements.
    • The state should have very effective powers to deal with the acts in which the citizens involve in hostile activities, espionage, coercion, terrorism, etc.

  • Pakistan grants statehood to Gilgit-Baltistan

    Pakistan has finalized draft legislation to incorporate Gilgit-Baltistan, the region known before 2009 as Northern Areas, as a province of the country.

    Gilgit-Baltistan: History of the region

    • Gilgit was part of the princely state of Jammu & Kashmir but was ruled directly by the British, who had taken it on lease from Hari Singh, the Hindu ruler of the Muslim-majority state.
    • When Hari Singh acceded to India on October 26, 1947, the Gilgit Scouts rose in rebellion, led by their British commander Major William Alexander Brown.
    • The Gilgit Scouts also moved to take over Baltistan, which was then part of Ladakh, and captured Skardu, Kargil and Dras.
    • In battles thereafter, Indian forces retook Kargil and Dras in August 1948.

    Accession with Pakistan

    • In November, 1947, a political outfit called the Revolutionary Council of Gilgit-Baltistan had proclaimed the independent state of Gilgit-Baltistan.
    • It declared GB was acceding to Pakistan only to the extent of full administrative control, choosing to govern it directly under the Frontier Crimes Regulation.
    • It was a law devised by the British to keep control of the restive tribal areas of the northwest.
    • Following the India-Pakistan ceasefire of January 1, 1949, Pakistan entered into an agreement with the “provisional government” of “Azad Jammu & Kashmir”.
    • Much of its parts had been occupied by Pakistani troops and irregulars and were later taken over by Pak defence and foreign affairs.
    • Under this agreement, the AJK government also ceded administration of Gilgit-Baltistan to Pakistan.

    Not being incorporated as a province

    • In 1974, Pakistan adopted its first full-fledged civilian Constitution, which lists four provinces —Punjab, Sindh, Balochistan and Khyber Pakthunkhwa.
    • Pakistan-Occupied Kashmir (PoK) and Gilgit-Baltistan were not incorporated as provinces.
    • One reason ascribed to this is that Pakistan did not want to undermine its international case that the resolution of the Kashmir issue had to be in accordance with UN resolutions that called for a plebiscite.
    • In 1975, PoK got its own Constitution, making it an ostensibly self-governed autonomous territory.
    • This Constitution had no jurisdiction over the Northern Areas, which continued to be administered directly by Islamabad (the Frontier Crimes Regulation was discontinued in 1997)
    • In reality, PoK too remained under the control of Pakistani federal administration and the security establishment, through the Kashmir Council.

    Reasons behind

    • The main difference was that while the people of PoK had rights and freedoms guaranteed by their own Constitution, which mirrors the Pakistan Constitution.
    • However the people of the minority Shia-dominated Northern Areas did not have any political representation.
    • Although they were considered Pakistani, including for citizenship and passports, they were outside the ambit of constitutional protections available to those in the four provinces and PoK.

    Why GB is in focus now?

    • Pakistan began considering changes to its administrative arrangements with increasing Chinese involvement in strategic development ventures.
    • GB was vital to those projects, given that it provides only land access between the two countries.
    • Since 2009, it has had a namesake legislative assembly.

    Suppression of a movement

    • There is anger against Pakistan for unleashing sectarian militant groups that target Shias, but the predominant sentiment is that all this will improve once they are part of the Pakistani federation.
    • There is a small movement for independence, but it has very little traction. Some factions argue for its accession with India.
    • While some reports have suggested that Pakistan’s decision is under pressure from China, wary that Gilgit-Baltistan’s ambiguous status might undermine the legality of its projects there.

    Significance for India

    • Gilgit-Baltistan is an integral part of India by virtue of the legal, complete and irrevocable accession of Jammu & Kashmir to the Union of India in 1947.
    • The area’s strategic importance for India has increased in light of the China-Pakistan Economic Corridor agreement.
    • India is also concerned of a two-front war (with China as well as Pakistan) after the standoff in Eastern Ladakh last year.

  • India set to take over as President of the UNSC

    India will take over the Presidency of the UN Security Council on August 1 and is set to host signature events in three major areas of maritime security, peacekeeping, and counterterrorism during the month.

    Key agendas on the table

    During its Presidency, India will be organizing high-level signature events in three major areas:

    • Maritime security
    • Peacekeeping and
    • Counterterrorism

    About United Nations Security Council

    • The UNSC is one of the six principal organs of the United Nations and is charged with the maintenance of international peace and security.
    • Its powers include the establishment of peacekeeping operations, the establishment of international sanctions, and the authorization of military action through Security Council resolutions.
    • It is the only UN body with the authority to issue binding resolutions to member states.
    • The Security Council consists of fifteen members. Russia, the United Kingdom, France, China, and the United States—serve as the body’s five permanent members (P5).
    • These permanent members can veto any substantive Security Council resolution, including those on the admission of new member states or candidates for Secretary-General.
    • The Security Council also has 10 non-permanent members, elected on a regional basis to serve two-year terms. The body’s presidency rotates monthly among its members.

    Issues with UNSC

    (1) Non-representative

    • UNSC in its current form is not representative of the developing world and global needs — with the primacy of policy being a political tool in hands of P5.
    • By 1992, India, Brazil, Germany, and Japan (referred as G4) had put up their claims and logic for demanding inclusion as permanent members.
    • India has been part of UN since its inception and has contributed maximum peacekeepers to UN so far, has a strong case.
    • Brazil is the largest country in Latin America (unrepresented continent) and fifth-largest in the world. Japan and Germany are one of the largest financial donors to UN.

    (2) Rivalry with G4

    • The pitch for reforms of G4 was lowered by their regional rivals like Italy, Pakistan, Mexico and Egypt.
    • They started formulation of another interest group, known to be “Uniting for Consensus” opposing G4 becoming permanent members with veto power.

    (3) Rigid framework

    • Reforms in the UNSC also require an amendment to the UN charter, in accordance with Article 108.
    • This highlights that any reform of the Security Council not only requires the support of at least two-thirds of UN member states but also all the permanent members.

    (4) Veto power

    • The stance of P5 members to expansion has been varying as per their national interest, like most P5 members agree to Indian inclusion, except China.
    • It becomes obvious that even if one member of P5 doesn’t agree to any reform, the UNSC cannot be reformed.
    • There have been many proposals since its inception from totally abolishing veto power to selectively using it for vital national security issues.

    (5) No consensus

    • It has been seen in past that the UNSC, in some of the major global security issues, could not arrive at a consensus and interventions that happened by countries mainly from P5 without UNSC resolution.
    • US entry in Iraq war or Warsaw Pact war in Afghanistan are few cases in point.
    • The UNSC has thus become an organization, which can pass strong resolutions against weak countries, weak resolutions against strong countries and no resolution against P5 countries.

    Suggested reforms

    • Expansion: Besides the existing P5 members, an expansion of UNSC from five to 10 permanent members, with the addition of G4 and South Africa. This will provide equitable regional representation besides balancing the developing and developed world to meet the aspirations of humanity.
    • Abolition of veto: The expansion of P5 without veto power makes very little impact on the problems, because of which the reforms are required. Ideally the veto power should be abolished.

    Will UNSC reforms ever happen?

    • Under the given charter, articles and structures, there is very little hope for UNSC reforms in near future.
    • The lack of reforms can push the credibility crisis of UN to a degree that it becomes unsustainable for it to function, or incidences of side-lining the UN increase manifold.
    • If the UNSC does not appoint new permanent members then its primacy may be challenged by some of the new emerging countries.
    • There is also a possibility that if UN doesn’t reform itself, it may lose relevance and alternate global and regional groupings may assume greater importance.
    • No P5 member is likely to compromise this power in its own national interest, which is generally prioritized before global interest, thus making the reformation process a mirage.