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GS Paper: GS2

  • Custodial torture in India

    Installation of cameras would help in curbing the custodial torture to some extent but ending the menace requires comprehensive reforms.

    Installation of CCTV cameras to curb custodial torture

    • The Supreme Court recently mandated that CCTV cameras be installed in police stations and offices of other investigative agencies.
    • However, previous decisions with similar recommendations have been poorly implemented.
    • The present decision shows a marked difference from the earlier ones in its approach.
    • It shows more care by listing out areas of police stations where cameras must be installed to ensure that there are no blind spots.
    • It asks for oversight committees to be set up to monitor the functioning of the cameras.
    • It also specifies that the cameras must be equipped with night vision and be able to record audio and visual footage.
    • The recordings will have to be preserved for at least 12 months.

    Issues with installing CCTV cameras

    • Alteration of a video to conceal an object, an event, or change the meaning conveyed by the video is a well-documented reality in the United States.
    • Indian courts have also expressed their apprehension of police tampering with CCTV footage.
    • The judgment does not assuage these concerns.
    •  Cameras in police stations will not foreclose the possibility of torture in other locations.
    • Multiple works on torture in India suggest that torture is often not inflicted in police stations, but in isolated areas or police vehicles.
    • Victims are illegally detained and tortured in undisclosed locations before officially arrested and brought to the police station.

    Challenges in fixing criminal responsibility

    • Since torture is not recognized as an offense per se under Indian law, the judgment refers to the use of force resulting in “serious injuries and/or custodial deaths” unwittingly creates a high threshold for what amounts to torture.
    • It fails to acknowledge the existence of forms of physical and psychological torture that leave behind no marks on the body.
    • Requiring prior sanction from the government operates as the foremost hurdle in initiating criminal complaints.
    • The absence of statutory guidelines mandating independent investigation results in police officers from the same police station investigating the crime and suppressing evidence.
    • Between 2005-2018, with respect to 1,200 deaths in police custody, 593 cases were registered, 186 police personnel were charge-sheeted, and only seven were convicted (National Crime Records Bureau).
    •  Evidentiary concerns frequently arise since often the only witnesses are the victims themselves.
    • The Supreme Court (1995) has noted that police officials remain silent to protect their colleagues as they are “bound by brotherhood” and held that courts should not insist on direct or ocular evidence in these cases.
    • This position is rarely applied and many cases result in acquittal for want of evidence.

    Conclusion

    Monitoring the police through CCTVs is an important step towards combating torture but its effectiveness is contingent on broader reforms. The Supreme Court needs to ensure a robust implementation of its order and simultaneously plug the gaps so that incidents of torture are curtailed.

  • Friend and neighbour: India-Bangladesh relations

    India must strengthen ties with Bangladesh and appreciate Sheikh Hasina’s challenges

    Virtual summit between India and Bangladesh

    • The virtual summit was conducted recently between Prime Minister Narendra Modi and his Bangladesh counterpart Sheikh Hasina.
    • There was a discussion on issues ranging from the violent border incidents to the COVID-19 fight, demonstrates their desire to reboot India-Bangladesh ties that have faced challenges in recent months.
    • PM Modi called Bangladesh a “major pillar” in India’s neighbourhood first policy, while Ms. Hasina invited him to visit Bangladesh in March for the celebrations of the 50th anniversary of its independence.
    • It is a key opportunity for India, which had played a major role in Bangladesh’s liberation in 1971, to revive the relations and address the issues adversely affecting the partnership.

    Importance of India-Bangladesh relationship

    • Bangladesh and India are at a historic juncture of diplomacy embedded in a rich matrix of history, religion, culture, language and kinship.

    (1) ‘Blue Economy’ programme’ –

    • Both countries are looking at strengthening economic cooperation through joint investments and cooperation under the ‘Blue Economy’ programme.
    • The programme entails synergized efforts of littoral states in the exploration of hydrocarbons, marine resources, deep-sea fishing, preservation of marine ecology and disaster management.
    • The industry in India needs to look for opportunities for collaboration in defence, such as in military hardware, space technology, technical assistance, exchange of experience, and development of sea infrastructure.

    (2) India’s Act East Policy –

    • Connectivity offers a game-changing opportunity for India and Bangladesh. This is pivotal to India’s connectivity with its north-eastern region and with countries of ASEAN.
    • This is particularly important in the context of both the Make in India initiative as well as India’s Act East Policy.
    • The two countries also see themselves converging around a lot of commonalities, not just as neighbours battling the scourge of terrorism, but as leading economic partners.
    • In terms of diplomacy in the South Asian region, both countries have had identical views.
    • From how organizations such as the South Asian Association for Regional Cooperation (SAARC) should be going forward in promoting cooperation among its member nations to economic growth.

    Challenges in India-Bangladesh relations

    (1) Violent border incidents –

    • Despite the friendship remaining solid, the border has been sensitive.
    • At least 25 Bangladeshis were killed in the first six months of this year along the border by Indian forces, according to a rights watchdog.

    (2) Sharing of River Waters –

    • The Teesta water dispute between West Bengal and Bangladesh remains unresolved.

    (3) The Citizenship (Amendment) Act and the proposed National Register of Citizens, which Ms Hasina called “unnecessary”, have created a negative impression about India.

    (4) China’s economic footprint is growing –

    • China is making deep inroads into Bangladesh by ramping up infrastructure investments and expanding economic cooperation.
    • Bangladesh is overwhelmingly dependent on China for military hardware.
    • Since 2010, India approved three Lines of Credit to Bangladesh of $7.362 billion to finance development projects. But, just $442 million have been disbursed until December 2018.

    Way Forward

    • It is imperative for India to bolster ties with this all-weather friend, and there may not be a better time to do so than when Bangladesh is to celebrate the golden jubilee of its independence.
    • India should support Bangladesh’s fight against radical elements. India should also not allow the ideological inclinations of the ruling party to spoil the historic relationship between the two countries.
    • New Delhi should take a broader view of the changing scenario and growing competition in South Asia, and reach out to Dhaka with an open mind.
    • There is much room for course correction in Delhi and to shift the focus from legacy issues to future possibilities.

    Practice Question: Discuss the importance of India-Bangladesh relations and various challenges affecting the relations between the two countries. How they can be addressed?

  • West Bengal IPS Controversy

    Police personnel should not be made instruments of a political battle

    Tug of war between political parties in West Bengal

    • The appointment of three IPS officers of the West Bengal cadre to various posts by the Union Home Ministry on Thursday has escalated the confrontation between the State and the Centre.
    • Chief Minister Mamata Banerjee has termed the deputation order despite the State’s objection “a colourable exercise of power and blatant misuse of emergency provision of IPS Cadre Rule 1954”.
    • The constant hostility between the State and Central governments is now taking a turn for the worse ahead of the 2021 Assembly election.
    • The tug of war began after a convoy of BJP President J.P. Nadda came under stone pelting in the State on December 10. The BJP apparently holds the IPS officers accountable for the incident.
    • After an initial move to recall these officials was resisted by the State, the Centre has invoked Section 6(1) of the Indian Police Service (Cadre) Rules, which says that “in case of any disagreement, the matter shall be decided by the Central Government….”

    Administrative instruments Vs. Political battles

    • The CM’s style of managing the police force has gained attention for the wrong reasons in the past.
    • Senior officials are seen as allied with the ruling govt and the oppositions determined drive to capture power in the State is multi-pronged.
    • The Supreme Court restrained West Bengal from taking any “coercive action” against several opposition leaders in criminal cases registered against them by the State Police.
    • The opposition continues to knock on the doors of the Court and the Election Commission of India to bring pressure on the State government.
    • By enforcing its writ on IPS officers, the Centre is sending a signal to all officers that their conduct will now be under scrutiny.

    Never-ending issues between the state and the centre

    • The central schemes, Ayushman Bharat and PM Kisan Samman Nidhi are also a bone of contention.
    • The Bengal government has refused to implement them, demanding that the funds be routed through the State.
    • The CM has also complained of insufficient central assistance to manage the COVID-19 pandemic and cyclone Amphan.
    • The Centre’s earlier demand that the Chief Secretary and DGP attend a meeting in New Delhi on the State’s law-and-order situation increased tensions.
    • The partisan use of the personnel and instruments of the state by parties in power as is happening in this tussle is a disturbing signal for democracy and federalism.

    Practice Question: The partisan use of the personnel and instruments of the state by parties in power is a disturbing signal for democracy and federalism. Elaborate.

  • Andhra Pradesh High Court and the CM Row

    The Supreme Court has stayed an Andhra Pradesh High Court order intending to embark on a judicial enquiry into whether there is a constitutional breakdown in the State machinery, requiring a declaration of President’s rule.

    A backfire from the AP High Court

    • Andhra Pradesh CM had earlier sparked controversy by writing to the CJI complaining about a Supreme Court judge for allegedly influencing posting of cases in the State High Court.
    • The alleged Judge is slated to be the next Chief Justice of India, and some judges of the AP High Court have opened sharp criticism over AP CM’s move.

    What did the Supreme Court say?

    • The apex court found the enquiry highly disturbing. Hence it decided to stay the order.
    • Solicitor General Tushar Mehta asked why the High Court “should go into whether there is a constitutional breakdown in the State”.
    • The Solicitor General of the state government argued that it was not up to the High Court to enquire and recommend President’s rule in a State.

    Citations for the President’s Rule in a State

    • President’s rule is the suspension of state government and imposition of direct central government rule in a state.
    • It is Article 356 that deals with the failure of constitutional machinery in a State.
    • This power to impose President’s rule exclusively vests in the Central Executive.
    • Under Article 356, this move can be taken- if the President, on receipt of the report from the Governor of the State or otherwise, is satisfied that a situation has arisen…..
    • The power in this regard, like sending a report either to the President of India or to the Governor of the concerned State or to record a finding in that regard, cannot be exercised by the judiciary.

    How did the AP govt respond?

    • The AP govt said that the High Court’s observation violated the Basic Structure doctrine of the Constitution.
    • Under the constitutional framework, it is not for the courts to decide as to whether there is a constitutional breakdown in a State.
    • The said power has been specifically conferred upon a different constitutional authority – and rightly so.
    • It is needless to mention that the constitutional courts do not have any judicially discoverable and manageable standards to determine if there has been a constitutional breakdown,” the petition contended.

    Back2Basics:

    President’s Rule

    • President’s rule is the suspension of state government and imposition of direct central government rule in a state.

    How it is imposed?

    • President’s Rule implies the suspension of a state government and the imposition of direct rule of the Centre.
    • This is achieved through the invocation of Article 356 of the Constitution by the President on the advice of the Union Council of Ministers.
    • Under Article 356, this move can be taken “(1) If the President, on receipt of the report from the Governor of the State or otherwise, is satisfied that a situation has arisen in which the government of the State cannot be carried on in accordance with the provisions of this Constitution…”

    How long President’s Rule can last

    • A proclamation of President’s Rule can be revoked through a subsequent proclamation in case the leader of a party produces letters of support from a majority of members of the Assembly, and stakes his claim to form a government.
    • The revocation does not need the approval of Parliament.
    • Any proclamation under Article 356 —which stands for six months — has to be approved by both Houses in the Parliament session following it.
    • This six-month time-frame can be extended in phases, up to three years.

    The S.R. Bommai Case

    • R. Bommai v. Union of India (1994) was a landmark judgment of the Supreme Court of India, where the Court discussed at length provisions of Article 356 of the Constitution of India and related issues.
    • The judgement attempted to curb blatant misuse of Article 356 of the Constitution of India, which allowed President’s rule to be imposed over state governments.
    • Article 356 (1) has been deliberately drafted in a narrow language by the Founding Fathers so that political parties in the Centre does not misuse it to subvert federalism, it had noted.
    • The expression used in the Article is ‘if the President is satisfied”, the court had observed.
    • In other words, the President has to be convinced of or should have sufficient proof of information with regard to or has to be free from doubt or uncertainty about the state of things indicating that the situation in question has arisen.
    • The court had stated that although the sufficiency or otherwise of the material cannot be questioned, the legitimacy of inference drawn from such material is “certainly open to judicial review”.

    What it directed?

    • The judgment had explained that in a multi-party political system, chances are high that the political parties in the Centre and the State concerned may not be the same.
    • Article 356 cannot be used for the purpose of political one-upmanship by the Centre.
    • Hence there is a need to confine the exercise of power under Article 356[1] strictly to the situation mentioned therein which is a condition precedent to the said exercise,” the court had said.

    Conditions for Prez Rule

    • Where after general elections to the assembly, no party secures a majority, that is, Hung Assembly.
    • Where the party having a majority in the assembly declines to form a ministry and the governor cannot find a coalition ministry commanding a majority in the assembly.
    • Where a ministry resigns after its defeat in the assembly and no other party is willing or able to form a ministry commanding a majority in the assembly.
    • Where a constitutional direction of the Central government is disregarded by the state government.
    • Internal subversion where, for example, a government is deliberately acting against the Constitution and the law or is fomenting a violent revolt.
    • Physical breakdown where the government willfully refuses to discharge its constitutional obligations endangering the security of the state.

  • India-UK Relations

    India and the U.K. must not allow concerns of the moment to dominate their relationship.

    Practice Question: Discuss the opportunities and the challenges in the India-UK relationships. What is the prospectus of India-UK relations after Brexit and Coronavirus pandemic?

    Secretary’s Delhi visit

    • British Foreign Secretary Dominic Raab’s Delhi visit came with a declaration of immediate and longer-term goals for the India-U.K. relationship.
    • It prepares the way for PM Johnson’s India visit, as the chief guest at Republic Day and to invite PM Modi to the U.K. to the G-7 and the Climate Change (COP26) summits next year.
    • Johnson will be the first head of government to visit India after the spread of COVID-19; this will also be his first bilateral visit anywhere after Brexit signalling the importance of ties with India.

    A new page in ties

    • Upgrading the ties – Both countries up for upgrading of the 2004 India-U.K. Strategic Partnership to a “Comprehensive” Strategic Partnership.
    • This will help to envision closer military ties, cooperation in Indo-Pacific strategies, counter-terrorism and fighting climate change.
    • Hoping for FTA – Britain is on a mission to secure free trade partners after Brexit. It has wrapped up nearly 20 trade deals, including most recently with the U.S., Japan, and Vietnam and is hoping for India to sign the same.
    • Corona pandemic and cooperation for vaccine manufacturing – The highlight of India’s relations will be closer cooperation on the coronavirus vaccine.
    • India’s Serum Institute set to produce and distribute the Oxford/AstraZeneca vaccine in India, and then as part of the COVAX project to other developing countries.

    Challenges in India-UK relations

    • Stagnancy in the relations – India-UK relations are stagnant for the past five years due to Britain’s Brexit preoccupation.
    • The relationship has failed to progress in this time, despite visits by Mr Modi and former British Prime Minister Theresa May.
    • Other less important issues gained the narrative – Issues such as visas and the fate of fugitive Indian businessmen in the U.K. have been allowed to dominate the narrative.
    • The MEA had responded sharply to protests at the Indian High Commission in London over the Article 370 move in Jammu and Kashmir, and the Citizenship (Amendment) Act.
    • Britain’s concerns about the farmers’ protests that sparked responses in New Delhi about interference in India’s internal matters.
    • Sometimes, intense interest from the British Indian diaspora makes Indian politics a factor in British politics is a reminder of how closely linked the two countries remain.
    • A new chapter in India-UK relationship would necessarily entail the K. to be more sensitive to India’s concerns, and for India to be less sensitive when Britain expresses its concerns.

  • Plea in SC against 1975-77 Emergency

    The Supreme Court agreed to look into whether it should examine the constitutionality of the proclamation of National Emergency in 1975 by the then Indira Gandhi-led government.

    Q.Discuss how the imposition of National Emergency under Art. 352 of the Constitution seek to change India’s federal character.

    What is the issue?

    • A 94-year old lady is seeking compensation for the loss she suffered due to the proclamation of emergency.
    • Petitioner has claimed that a number of her immovable properties were illegally occupied for their activities during the Emergency.
    • A bench of the Supreme Court has agreed to examine if the court could examine whether the proclamation of Emergency was constitutional.
    • The court was hesitant to take up the issue as 45 years have passed since the declaration of Emergency and examining such an issue on merits now could be a cumbersome process.

    What is a National Emergency?

    • A national emergency can be declared on the basis of “external aggression or war” and “internal disturbance” in the whole of India or a part of its territory under Article 352.
    • Such an emergency was declared in India in 1962 war (China war), 1971 war (Pakistan war), and 1975 internal disturbance (declared by Indira Gandhi).
    • But after the 44th amendment act 1978 added the provision for Internal Emergency.
    • The President can declare such an emergency only on the basis of a written request by the Cabinet headed by the Prime Minister.

    The 1975 Emergency

    • On June 12, 1975, the Allahabad High Court had declared the election of then PM Indira Gandhi as null and void.
    • Following the court decision, Gandhi moved the Supreme Court and stayed the high court’s decision allowing her to remain as PM while limiting her right to vote in the parliament till the appeal was decided.
    • Following an opposition rally for the resignation of Indira Gandhi, she made a decision to impose a national Emergency which would give the central government sweeping powers.
    • On June 25, 1975, then President Fakhruddin Ali Ahmed relying on Article 352 of the Constitution declared a national emergency in the country.

    What happened after the proclamation of Emergency?

    • From media censorship, suspension of civil liberties and attempts to fundamentally change the Constitution to suit the government, the Emergency is remembered as a dark period in India’s democracy.
    • The 38th- 42nd Constitutional amendments were passed during the Emergency which led to a tussle between the executive and the judiciary that gave the Parliament a power to amend the Constitution.
    • Many of these changes were either overturned by courts or were reversed in the 44th Constitutional amendment in 1978 which was brought in after the Janata government was voted to power.

    Series of Amendments

    • Through the 38th Constitutional Amendment, Gandhi sought to expand the power of the President and barred judicial review of the proclamation of Emergency.
    • The 39th amendment was intended to nullify the effect of the Allahabad High Court ruling that declared Gandhi’s election as null and void.
    • The amendment placed any dispute to the election to the office of the Prime Minister, President beyond the scope of judicial review.
    • The 40th amendment placed crucial land reforms in the Ninth schedule, beyond the scope of judicial review.
    • The 41st Amendment said no criminal proceedings “whatsoever” could lie against a President, Prime Minister, or Governor for acts before or during their terms of office.
    • In the 42nd amendment, the Parliament expanded its powers to amend the Constitution, even its ‘basic structure’ and curtail any fundamental rights.

    The 44th Amendment

    • Through the 43rd and 44th amendments, many of the amendments made during the Emergency were withdrawn.
    • Article 352- the provisions relating to Emergency itself was strengthened to prevent misuse by the executive.

  • Back in news: Right to Protest

    The Supreme Court has that said farmers have a constitutional right to continue with their “absolutely perfect” protest as long as their dissent against the three controversial agricultural laws did not slip into violence.

    Q.It is the abundant duty of the State to aid and limit the exercise of Right to Protest peacefully. Examine.

    Right to Protest

    • The right to protest is the manifestation of the right to freedom of assembly, the right to freedom of association, and the right to freedom of speech.
    • The Constitution of India provides the right of freedom, given in Article 19 with the view of guaranteeing individual rights that were considered vital by the framers of the constitution.
    • The Right to protest peacefully is enshrined in Article 19(1) (a) guarantees the freedom of speech and expression; Article 19(1) (b) assures citizens the right to assemble peaceably and without arms.
    • Article 19(2) imposes reasonable restrictions on the right to assemble peaceably and without arms.

    Reasonable restrictions do exist in practice

    • Fundamental rights do not live in isolation. The right of the protester has to be balanced with the right of the commuter. They have to co-exist in mutual respect.
    • The court held it was entirely the responsibility of the administration to prevent encroachments in public spaces.
    • Democracy and dissent go hand in hand, but then the demonstrations expressing dissent have to be in designated places alone.
    • The present case was not even one of the protests taking place in an undesignated area but was a blockage of a public way which caused grave inconvenience to commuters.

  • [pib] Haldibari – Chilahati Rail Link

    Ours and Bangladeshi PM has jointly inaugurated a railway link between Haldibari in India and Chilahati in Bangladesh.

    Examine the opportunities and challenges in the adoption PPP model by the Indian Railways.

    Haldibari – Chilahati Rail Link

    • This rail link being made functional is the 5th rail link between India and Bangladesh.
    • It was operational till 1965. This was part of the Broad Gauge main route from Kolkata to Siliguri during partition.
    • Trains travelling to Assam and North Bengal continued to travel through the then East Pakistan territory even after partition.
    • For example, a train from Sealdah to Siliguri used to enter East Pakistan territory from Darshana and exit using the Haldibari – Chilahati link.
    • However, the war of 1965 effectively cut off all the railway links between India and the then East Pakistan.
    • So on the Eastern Sector of India partition of the railways thus happened in 1965.  So the importance of the reopening of this rail link can be well imagined.

    A British-era legacy

    • The railway network of India and Bangladesh are mostly inherited from British Era Indian Railways.
    • After partition in 1947, 7 rail links were operational between India and the then East Pakistan (up to 1965). Presently, there are 4 operational rail links between India and Bangladesh.
    • They are, Petrapole (India) – Benapole (Bangladesh),  Gede (India) – Darshana (Bangladesh), Singhabad (India)-Rohanpur (Bangladesh),  Radhikapur (India)–Birol (Bangladesh).

    Benefits offered by the rail

    • The rail link will be beneficial for transit into Bangladesh from Assam and West Bengal.
    • It will enhance rail network access to the main ports, dry ports, and land borders to support the growth in regional trade and to encourage economic and social development of the region.
    • Common people and businessman of both countries will be able to reap the benefit of both goods and passenger traffic, once passenger trains are planned in this route.
    • With this new link coming into operation,  tourists from Bangladesh will be able to visit places like Darjeeling, Sikkim, Dooars apart from countries like Nepal, Bhutan etc easily.
    • Economic activities of these South Asian countries will also be benefitted from this new rail link.

  • The many challenges for WTO

    The next Director-General of the organization will have to navigate through a slew of thorny issues in WTO.

    WTO to lead by a woman for the first time

    • For the first time in its 25-year history, the World Trade Organization (WTO) will be led by a woman.
    • The D-G’s job will require perseverance and outstanding negotiating skills for balancing the diverse and varied interests of the 164 member countries, and especially, for reconciling competing for multilateral and national visions, for the organization to work efficiently.
    • The next D-G will have to grapple with the global economic fallout of the COVID-19 pandemic and work towards carrying out reforms of the multilateral trading system for reviving the world economy.
    • On all these issues, her non-partisan role will be watched carefully.

    Practice Question: In the wake of the global economic fallout of the COVID-19 pandemic, discuss the challenges ahead of WTO.

    Tussle between developed and developing countries

    • The current impasse in the WTO negotiations has led member countries to believe in the necessity of carrying out urgent reforms, which is likely to throw up some difficult choices for developing countries like India.
    • At the core of the divide within the WTO is the Doha Development Agenda, which the developed countries sought to move in favour of a new agenda that includes, amongst others, e-commerce, investment facilitation, MSMEs and gender.
    • Salvaging the ‘development’-centric agenda is critical for a large number of developing countries as they essentially see trade as a catalyst of development.
    • Restoring the WTO dispute settlement mechanism, especially the revival of its Appellate body, is also crucial for the organization’s efficient functioning.

    Definition of ‘Developing Country’ – a contentious issue

    • The push for a change in the definition of “developing country” under the principle of special and differential treatment (S&DT), aimed at upgrading certain developing countries, will deeply affect the status of emerging economies such as India, China, South Africa, Turkey, Egypt, etc.
    • The assumption that some countries have benefited immensely from the WTO rules since its formation in 1995 is flawed, at least in the case of India. And even if there may be no consensus of views on measuring ‘development’, India will remain a developing country no matter which parameter is used.
    • The way out for India could be to negotiate a longer phase-out period or an acceptable formula based on development indices, etc.

    Fisheries subsidies negotiations

    • Among the current negotiations at the WTO, the fisheries subsidies negotiations command the highest attention.
    • India can lead the way in finding a landing zone by urging others to settle for the lowest common denominator while seeking permanent protection for traditional and artisanal farmers who are at the subsistence level of survival.
    • The danger lies in seeking larger carve-outs, which could result in developed countries ploughing precious fisheries resources in international waters.

    Lessons from COVID-19

    • The COVID-19 crisis has revealed the urgent and enduring need for international cooperation and collaboration, as no country can fight the pandemic alone.
    • The D-G can help mitigate the effects of the pandemic by giving clear directions on ensuring that supply chains remain free and open, recommending a standard harmonized system with classification for vaccines, and by the removal of import/export restrictions.
    • Voluntary sharing and pooling of Intellectual Property Rights (IPR) is required for any global effort to tackle the pandemic, but with the fear of vaccine nationalism looming large, several countries are seeking to secure the future supply of leading COVID-19 vaccines.
    • India’sreiteration that its vaccine production and delivery capacity will help the whole of humanity will require the D-G to play a responsible role in removing barriers to intellectual property and securing a legal framework within the WTO TRIPS Agreement.
    • This can be done by lending salience to the effective interpretation of Articles 8 and 31 of the Agreement, that allow compulsory licensing and agreement of a patent without the authorization of its owner under certain conditions.

    Way Forward

    • The consensus-based decision-making in the WTO, which makes dissension by even one member stop the process in its track, gives developing countries some heft and influence at par with developed countries.
    • The D-G would need to tread cautiously on this front, as some will allude to the successful implementation of the Trade Facilitation Agreement in 2017 that allowed member countries to make commitments in a phased manner in accordance with their domestic preparedness.
    • Most imminently, the next D-G will need to build trust among its members that the WTO needs greater engagement by all countries, to stitch fair rules in the larger interest of all nations and thwart unfair trade practices of a few.

  • How Parliament meets

    The centre has said that there will be no winter session of Parliament this time due to the COVID despite the ‘success’ in curbing the pandemic. This year, the Parliament has met for only 33 days!

    Q. The undue delays and inactions by the constitutional functionaries threaten to widen the constitutional faultlines among the Executives. Critically comment.

    Sessions of Parliament

    • The power to convene a session of Parliament rests with the government. But it is the President who summons Parliament.
    • The decision is taken by the Cabinet Committee on Parliamentary Affairs, which currently comprises nine ministers, including those for Defence, Home, Finance, and Law.
    • The decision of the Committee is formalized by the President, in whose name MPs are summoned to meet for a session.
    • A general scheme of sittings was recommended in 1955 by the General Purpose Committee of Lok Sabha.
    • It was accepted by the government of PM Jawaharlal Nehru but was not implemented.

    No fixed calendar

    • India does not have a fixed parliamentary calendar.
    • By convention, Parliament meets for three sessions in a year.
    • The longest, the Budget Session, starts towards the end of January and concludes by the end of April or first week of May.
    • The session has a recess so that Parliamentary Committees can discuss the budgetary proposals.
    • The second session is the three-week Monsoon Session, which usually begins in July and finishes in August.
    • The parliamentary year ends with a three-week-long Winter Session, which is held from November to December.

    What the Constitution says

    • The summoning of Parliament is specified in Article 85 of the Constitution. Like many other articles, it is based on a provision of The Government of India Act, 1935.
    • This provision specified that the central legislature had to be summoned to meet at least once a year and that not more than 12 months could elapse between two sessions.
    • Dr B R Ambedkar stated that the purpose of this provision was to summon the legislature only to collect revenue and that the once-a-year meeting was designed to avoid scrutiny of the government by the legislature.
    • His drafting of the provision reduced the gap between sessions to six months and specified that Parliament should meet at least twice a year.

    Convening a Session: The debate

    • During the debate, members of the Constituent Assembly highlighted three issues: (i) the number of sessions in a year, (ii) the number of days of sitting and, (iii) who should have the power to convene Parliament.
    • Prof K T Shah from Bihar was of the opinion that Parliament should sit throughout the year, with breaks in between.
    • Others wanted Parliament to sit for longer durations and gave examples of the British and American legislatures which during that time were meeting for more than a hundred days in a year.
    • Prof Shah also wanted the presiding officers of the two Houses to be empowered to convene Parliament in certain circumstances. These suggestions were not accepted by Dr Ambedkar.

    Moved, delayed, stretched

    • Over the years, governments have shuffled around the dates of sessions to accommodate political and legislative exigencies.
    • Sessions have also been cut short or delayed to allow the government to issue Ordinances.

    Fewer House sittings

    • Over the years, there has been a decline in the sittings days of Parliament.
    • During the first two decades of Parliament, Lok Sabha met for an average of a little more than 120 days a year.
    • This has come down to approximately 70 days in the last decade.

    Why sittings are reducing day by day?

    • One institutional reason given for this is the reduction in the workload of Parliament by its Standing Committees, which, since the 1990s, have anchored debates outside the House.
    • However, several Committees have recommended that Parliament should meet for at least 120 days in a year.