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GS Paper: GS2

  • The future of Indian secularism

    Secularism in India faces multiple challenges. This article analyses challenge the Indian secularims faces from the party-political secularims.

    Features of constitutional secularism in India

    • Constitutional secularism is marked by at least two features.
    • First, critical respect for all religions.
    • Unlike some secularisms, ours is not blindly anti-religious but respects religion.
    • It respects not one but all religions.
    • Every aspect of religious doctrine or practice cannot be respected but respect for religion must be accompanied by critique.
    • Second, intervene whenever religious groups promote communal disharmony.
    • Thus, it has to constantly decide when to engage or disengage, help or hinder religion depending entirely on which of these enhances our constitutional commitment to freedom, equality and fraternity.

    How populism is harming secularism

    • Secularism has paid a heavy price in our country for being at the centre of public and political discourse.
    • Populism based politics is indifferent to freedom and equality-based religious reform, it has removed critical from the term ‘critical respect’.
    • It has even been complicit in igniting communal violence.
    • This party-political ‘secular’ state, cozying up alternately to the fanatical fringe of the minority and the majority, was readymade for takeover by a majoritarian party.
    • This takeover was accomplished by removing the word ‘all’ and replacing it by ‘majority’.
    • Today, Indian constitutional secularism is swallowed up by this party-political secularism, with not a little help from the Opposition, media and judiciary.

    Way forward

    • 1) There is a need for a shift of focus from a politically-led project to a socially-driven movement for justice.
    • 2) Also, a shift of emphasis from inter-religious to intra-religious issues.
    • Such focus on intra-relisious issues may allow deeper introspection within, multiple dissenting voices to resurface, create conditions to root out intra-religious injustices, and make its members free and equal.
    • 3) Europe’s secularism provided a principle to fight intra-religious oppressions. 
    • In India, secularism was not only a project of civic friendship among religious communities but also of opposition to religion-based caste and gender oppressions.
    • A collective push from young men and women  may help strengthen the social struggle of emancipation from intra-religious injustices.
    • 4) Inter-religious issues also should not be ignored.
    • Distance, freedom from mutual obsession, give communities breathing space.
    • Each can now explore resources within to construct new ways of living together.

    Consider the question “How populism in the politics thretens the idea of secularim in India? Suggest the ways to deal with it.”

    Conclusion

    Needed today are new forms of socio-religious reciprocity, crucial for the business of everyday life and novel ways of reducing the political alienation of citizens, a democratic deficit whose ramifications go beyond the ambit of secularism.

  • Clause 6 of the Assam Accord

    In February, a government-appointed committee had submitted its recommendations for implementation of Clause 6 of the Assam Accord, a key provision that has been contentious for decades.

    Must read:

    https://www.civilsdaily.com/burning-issue-assam-nrc/

    What is Clause 6?

    • It is a part of the Assam Accord which came at the culmination of a movement against immigration from Bangladesh.
    • It reads: “Constitutional, legislative and administrative safeguards, as may be appropriate, shall be provided to protect, preserve and promote the cultural, social, linguistic identity and heritage of the Assamese people.”
    • For recognition as citizens, the Accord sets March 24, 1971, as the cutoff.
    • As immigrants up to the cutoff date would get all rights as Indian citizens, so Clause 6 was inserted to safeguard the socio-political rights and culture of the “indigenous people of Assam”.

    What has happened since?

    • Several committees have been set up over the years to make recommendations on the implementation of Clause 6.
    • None of them made headway on the provision’s contentious issues, however, until the latest CAA move.
    • Following widespread protests against the CAA, the government gave an urgent push to Clause 6 to pacify the Assamese community.

    Recommendations of the recent report

    • Headed by retired High Court judge Biplab Kumar Sarma the committee was asked to fast-track its report.
    • It submitted its report in Feb but the government did not make its contents public.
    • But some Assamese activists independently made the contents public.
    • Its brief was to define the “Assamese people” and suggest measures for the safeguard of their rights. The definition of “Assamese people” has been a subject of discussion for decades.

    Key propositions

    The committee has proposed that the following be considered Assamese people for the purpose of Clause 6. All citizens of India who are part of:

    • Assamese community, residing in the Territory of Assam on or before January 1, 1951; or
    • Any indigenous tribal community of Assam residing in the territory of Assam on or before January 1, 1951; or
    • Any other indigenous community of Assam residing in the territory of Assam on or before January 1, 1951; or
    • All other citizens of India residing in the territory of Assam on or before January 1, 1951; and
    • Descendants of the above categories

    Why 1951?

    • During the Assam agitation, the demand was for detection and deportation of migrants who had illegally entered Assam after 1951.
    • The Assam Accord, however, set the cutoff on March 24, 1971. The National Register of Citizens (NRC) was updated based on this cutoff.
    • Clause 6 is meant to give the Assamese people certain safeguards, which would not be available to migrants between 1951 and 1971.
    • If the recommendation is accepted, those who migrated between 1951 and 1971 would be Indian citizens, but they won’t be eligible for safeguards meant for Assamese people”.

    What are these safeguards?

    Among various recommendations, the key is the reservation of seats in Parliament, Assembly and local bodies; reservation in jobs; and land rights. The panel recommends the Assamese people be given:

    • 80 to 100% reservation in the parliamentary seats of Assam, Assembly seats and local body seats be reserved for the “Assamese people”.
    • 80 to 100% of Group C and D level posts (in Assam) in central government/semi-central government/central PSUs/private sector
    • 80 to 100% of jobs under Government of Assam and state government undertakings; and 70 to 100% of vacancies arising in private partnerships
    • Land rights, with restrictions imposed on transferring land by any means to persons other than “Assamese people”.

    Several other recommendations deal with language and cultural and social rights. On language, it recommends:

    • Assamese language shall continue to be official language throughout the state with provisions for use of local languages in Barak Valley, Hill Districts and the Bodoland Territorial Area Districts.
    • Mandatory provision of an Assamese language paper for recruitment in state government services with alternatives for Barak Valley districts, BTAD and Hills Districts.
    • To set up Academies for all-round development of each of the indigenous tribal languages including, Bodo, Mishing, Karbi, Dimasa, Koch-Rajbongshi, Rabha, Deuri, Tiwa, Tai and other indigenous languages.

  • [pib] Appointment of the UPSC Chairman

    The President of India has appointed Pradeep Kumar Joshi as Chairman of Union Public Service Commission (UPSC).

    Try this PYQ:

    Q.Consider the following statements:

    1. The Executive Power of the Union of India is vested in the Prime Minister.
    2. The Prime Minister is the ex-officio Chairman of the Civil Services Board.

    Which of the statements given above is/are correct? (CSP 2015)

    (a) 1 only

    (b) 2 only

    (c) Both 1 and 2

    (d) Neither 1 nor 2

    Backgrounder: UPSC

    • Established on 1 October 1926 as Public Service Commission, it was later reconstituted as Federal Public Service Commission by the GoI Act 1935; only to be renamed as today’s UPSC after the independence.
    • The UPSC is India’s premier central recruiting agency responsible for appointments to and examinations for All India services and group A & group B of Central services.
    • The Department of Personnel and Training is the central personnel agency in India.
    • It is also required to be consulted by the Government in matters relating to the appointment, transfer, promotion and disciplinary matters.

    Appointments to the UPSC

    • As per Article 316 of the constitution, the Chairman and other members of UPSC shall be appointed by the President.
    • In case the office of the Chairman becomes vacant his duties shall be performed by one of the other members of the Commission as the President may appoint for the purpose.
    • Under Art. 318, the President is empowered to determine the number of members of the Commission and their conditions of service.
    • As per Art 319, a person who holds office as Chairman shall, on the expiration of his term of office, be ineligible for re-appointment to that office.
    • But, a member other than the Chairman shall be eligible for appointment as the Chairman of the UPSC.
    • Also, the Chairman of a State PSC shall be eligible for appointment as the Chairman or any other member of the UPSC.

    Removal of members/chairman

    • As per Art. 317, the Chairman or any other member of a UPSC shall only be removed from their office by order of the President on the ground of “misbehaviour” after the Supreme Court inquiry report.
    • The President may suspend the Chairman or other member of the Commission until a report of the Supreme Court is received.

    Distinguishing features

    • The commission reports directly to the President and can advise the Government through him.
    • Although, such advice is not binding on the Government.
    • Being a constitutional authority, UPSC is amongst the few institutions which function with both autonomy and freedom, along with the country’s higher judiciary and lately the Election Commission.

  • In news: Loya Jirga

    The Afghan Loya Jirga approves release of 400 ‘hard-core’ Taliban prisoners.

    The term seems peculiar. We may expect a prelim question on the same.

    What is Loya Jirga?

    • A Loya Jirga is a special type of jirga, or legal assembly, in Pashtunwali, the traditional code of laws of the Pashtun people.
    • It is mainly organized for choosing a new head of state in case of sudden death, adopting a new constitution, or to settle national or regional issue such as war.
    • It predates modern-day written or fixed laws and is mostly favoured by the Pashtun people but to a lesser extent by other nearby groups that have been influenced by Pashtuns (historically known as Afghans).
    • In Afghanistan, Loya Jirgas have been reportedly organized since at least the early 18th century when the Hotaki and Durrani dynasties rose to power.

  • A new direction for India-U.S. ties

    This article analyses what the new shift in the India-U.S. ties will require for the mutual benefit.

    Following 12 factors would influence the depth and longevity of the India-U.S. ties.

    1) Outcome of the  U.S. Presidential elections

    • The success of India’s new bonding with the U.S. will depend on the outcome of the U.S. Presidential elections.
    • The Democratic party candidate with the Left wing and liberals in the U.S. has been highly critical of the Citizenship (Amendment) Act.

    2) Need to build trust with the U.S.

    • India purchased of the S-400 air defence missile system from Russia disregarding the U.S. concerns.
    • India refused to send Indian troops to Afghanistan.
    • We need to build trust with the U.S. that we will give to the U.S. as good as it gives us.
    • For this structuring we must realise that India-U.S. relations require give and take on both sides.
    • What India needs to take today is for dealing with the Ladakh confrontation with China.
    • India needs U.S. hardware military equipment.

    3)  Fighting the U.S. enemy in neighbourhood

    • The U.S. needs India to fight her enemies in the neighbourhood such as in Afghanistan.
    • India should send two divisions gradually to Afghanistan and relieve U.S. troops to go home

    4) Intelligence sharing and cooperation

    • India needs the support of the U.S. and its ally, Israel, in cyberwarfare, satellite mappings of China and Pakistan.
    • There is a need for sharing intercepts of electronic communication, hard intelligence on terrorists, and controlling the military and the Inter-Services Intelligence in Pakistan.

    5) Developing naval bases

    • India needs the U.S. to completely develop the Andaman & Nicobar, and also the Lakshadweep Islands as a naval and air force base.
    • These naval bases can be used by the U.S  and shared along with its allies such as Indonesia and Japan.

    6) Economic relations and India’s concerns

    • The economic relations must be based on macroeconomic commercial principles.
    • Free, indiscriminate flow of U.S. foreign direct investment (FDI) is not in India’s national interest.

    7) Technology sharing

    • India needs technologies such as thorium utilisation, desalination of sea water, and hydrogen fuel cells.

    8) U.S. should allow import of agricultural product

    • The U.S. must allow India’s exports of agricultural products including Bos indicus milk, which are of highly competitive prices in the world.

    9) FDI in India

    • FDI should be allowed into India selectively from abroad, including from the U.S.
    • FDI in India should be based on the economic theory of comparative advantage and not on subsidies and gratis.

    10) Tariffs

    • Tariffs of both India and the U.S. should be lowered, and the Indian rupee should be gradually revalued to ₹35 to a dollar.
    • Later, with the economy picking up, the rupee rate should go below 10 to the dollar.

    11) Stay away from certain issues

    •  India should not provide the U.S. with our troops to enter Tibet, or be involved in the Hong Kong and Taiwan issue.
    • There is always a possibility of a leadership change in China.
    • Thus, China’s policy changed very favourably towards India.
    • In the cases of Tibet, Taiwan, and Hong Kong, we have made explicit agreements.
    • In the case of Tibet, two formal treaties were signed by Nehru (1954) and A.B. Vajpayee (2003).

    12) Trilateral commitment to world peace

    • In the long run, India, the U.S., and China should form a trilateral commitment for world peace provided Chinese current international policies undergo a healthy change.

    Consider the question “What are the factors influencing the India-U.S. ties? Suggest the pathway to address the issues that hamper the deepening of India-U.S. ties.”

    Conclusion

    Both countries need to recognise each other’s concern and work towards the deepening of the ties for the mutual benefit and with a view to dealing with the challenges confronting both the countries.

  • What India should consider about the proposition to isolate China

    The economic grip China exerts on the world protects it from the threat of isolation. This article examines this issue and its implications for India.

    Worsening U.S.-China ties and implications for other countries

    • After years of cooperating with one another, the U.S. and China are currently at the stage of confrontation.
    • Both are seeking allies to join their camps.
    • This places several countries in Asia, in a difficult position as most of them, loathe to take sides.
    • The U.S. may not necessarily be the first choice for many countries of Asia and the Asia-Pacific region.
    • In the case of China, it is clearly more feared than loved.

    China’s aggression

    •  Beijing’s virtual takeover of Hong Kong has only confirmed what had long been known about China’s intentions.
    • In March-April this year, China further stepped up its aggressive actions, renaming almost 80 geographical features in the region as an index of Chinese sovereignty.
    •  Taiwan, Japan, Vietnam, Indonesia and South Korea have all complained about China’s menacing postures in their vicinity.

    How countries are resisting China

    • Hardly any country in Asia is willing to openly confront China, and side with the U.S.
    • East Asian countries explain that China was always known to be over-protective of the South China Sea.
    • And China consider South China Sea a natural shield against possible hostile intervention by outside forces inimical to it.
    • No U.S. assurance and Chinese aggression has been enough to make countries in the region openly side with the U.S. and against China.

    China’s economic grip and lessons for India

    • Despite a series of diktats from Washington to restrict economic and other relations, China remains unfazed.
    • China seems confident that its stranglehold on the global economy ensures that it does not face any real challenge.
    • It would be wise for India to recognise this.
    • It is equally necessary to realise how fickle some of these countries can be when it comes to economic issues.
    •  At a recent meeting in Washington Australia (a member of the Quad) made it clear that China is important for Australia.
    • Likewise, the U.K.’s Secretary of State for Foreign and Commonwealth Affairs, recently stated in its Parliament, that the U.K. wants a positive relationship with China.
    • It is evident that few nations across the world are willing to risk China’s ire because of strong economic ties.

    India’s relations with neighbouring countries: concerns

    • India’s relations with Nepal, meanwhile, have hit a roadblock over the Kalapani area.
    • In Sri Lanka, the return of the Rajapaksas to power after the recent elections does not augur too well for India-Sri Lanka relations.
    • The strain in India-Bangladesh relations is a real cause for concern since it can provide a beachhead against Chinese activities in the region.

    Growing Chinese presence in India’s sphere of influence

    •  In July, the Chinese Foreign Minister organised a virtual meeting of the Foreign Ministers of Nepal, Afghanistan and Pakistan.
    • In this meeting, China proposed economic corridor plan with Nepal, styled as the Trans-Himalayan Multi-Dimensional Connectivity Network.
    • China has also made headway in Iran to an extent, again at India’s expense.

    Conclusion

    Geo-balancing is not happening to China’s disadvantage. This lesson must be well understood when India plan its future strategy.

  • Back in news: Indus Water Treaty (IWT)

    India has refused a request by Pakistan to hold a meeting on issues around the Indus Water Treaty (IWT) at the Attari check post near the India-Pakistan border.

    The IWT has been in existence since 1960, and reached a flash point in the aftermath of the Uri attacks in 2016 with PM declaring that “blood and water couldn’t flow together”.

    About Indus Waters Treaty, 1960

    • The IWT is a water-distribution treaty between India and Pakistan, brokered by the World Bank signed in Karachi in 1960.
    • According to this agreement, control over the water flowing in three “eastern” rivers of India — the Beas, the Ravi and the Sutlej was given to India
    • The control over the water flowing in three “western” rivers of India — the Indus, the Chenab and the Jhelum was given to Pakistan
    • The treaty allowed India to use western rivers water for limited irrigation use and unrestricted use for power generation, domestic, industrial and non-consumptive uses such as navigation, floating of property, fish culture, etc. while laying down precise regulations for India to build projects
    • India has also been given the right to generate hydroelectricity through the run of the river (RoR) projects on the Western Rivers which, subject to specific criteria for design and operation is unrestricted.

    Talks stalled on key projects

    • Among the key points on the table was evolving a procedure to solve differences on technical aspects governing the construction of the Ratle run-of-the-river (RoR) project on the Chenab in the Kishtwar district.
    • India has called for the appointment of a ‘neutral’ party while Pakistan favours a Court of Arbitration to agree upon a final resolution on the design parameters of this hydropower project.
    • According to the IWT, India has the right to build RoR projects on the three ‘western’ rivers — the Chenab, Jhelum and Indus — provided it does so without substantially impeding water flow in Pakistan downstream.
    • Pakistan believes that the project’s current design does pose a serious impediment and has told the World Bank that it wants a Court of Arbitration (CoA) set up to decide on the issue.
    • India says this is only a technical issue and mutually solvable.

  • Issue of contempt of court

    The concept of contempt of court has been in the news recently. This article analyses the issue and draws on the approach adopted by the British judiciary.

    Issues with the concept of contempt

    • The concept of contempt is a centuries-old British law abolished in 2013.
    • At the time the British Law Commission said that one of the intentions for contempt of court was to hide judicial corruption.
    • The concept, therefore, clashed with the need for transparency but also freedom of speech.

    Let’s look into some comment’s from judges

    • In1968, a British judge, had this to say of the Law of Contempt “We will not use it to suppress those who speak against us. We do not fear criticism, nor do we resent it. For there is something far more important at stake. It is no less than freedom of speech itself. “
    • In a 2008 lecture by Justice Markandey Katju noted that “The test to determine whether an act amounts to contempt of court or not is this: Does it make the functioning of judges impossible or extremely difficult? If it does not, then it does not amount to contempt of court even if it’s harsh criticism”.

    Way forward

    • Whilst justice is important, judges must not take themselves too seriously.
    • Even if their amour propre is offended, it does not mean the institution has been questioned or justice brought into disrepute.
    • Judges deliver justice, they do not embody it.
    • They should never forget their Court is supreme because it’s final not because it’s infallible.
    • When they lapse they can be criticised, but of course, politely and fairly.

    Conclusion

    Indian Supreme Court hopefully pay attention to this aspect while delivering the judgement on the contempt cases.

  • What are Confucius Institutes, and why are they under the scanner in India?

    • The Ministry of Education (previously HRD) had sent a letter to several institutions seeking information about the activities of their Confucius Institutes (CIs) and Chinese language training centres.
    • This has brought the spotlight to China’s CI programme, a key pillar of Beijing’s global soft power effort, and raised questions about the future of India-China cooperation in the education space.

    Try this question for mains:

    Q.“It cannot be business as usual with China after the border clash.” Critically comment.

    What are the Confucius Institutes (CI)?

    • Starting with a CI in Seoul in 2004, China’s National Office for Teaching Chinese as a Foreign Language (NOCFL) known as Hanban establishes CI.
    • China has established 550 CIs and 1,172 Confucius Classrooms (CCs) housed in foreign institutions, in 162 countries.
    • As the Hanban explains on its website, following the experience of the British Council, Alliance Française and Germany’s Goethe-Institut, China began “establishing non-profit public institutions which aim to promote Chinese language and culture in foreign countries”.

    What is the presence of CIs in India?

    • India is reviewing the presence of CIs in seven universities, in addition to 54 MoUs on inter-school cooperation involving China, which is not connected to the CI programme.

    How have CIs been viewed around the world?

    • The CI arrangement has generated debate in the West, where some universities have closed the institutes amid concern over the influence of the Chinese government and it’s funding on host institutions.
    • Closures of some CIs have been reported in the United States, Denmark, the Netherlands, Belgium, France and Sweden.
    • While the closures in the West have made news, these cases still represent a minority. Faced with this backlash, China is now rebranding the programme.
    • Most of the 550 CIs and more than 1,000 CCs around the world are still active, with a presence spanning Africa, Central Asia, Latin America, and across Asia.

    What does it mean for India-China relations?

    • CIs and CCs had already been in India for more than 10 years.
    • Even prior to the border skirmishes, Indian authorities had viewed the CI arrangement somewhat warily.
    • Along with the new move to review CIs, Mandarin has been dropped from the list of foreign languages that can be taught in schools in the new National Education Policy.

    Not a perfect move

    • Recent moves by India shows that it cannot be business as usual with China after the border clash.
    • However, India’s long-term objectives are not clear.
    • De-emphasizing learning Mandarin is neither likely to impact China’s stance on the border nor help India in developing the expertise and resources it needs in dealing with China.

  • Pakistan’s new Political Map

    Recently Pakistani PM announced a new political map of Pakistan.

    Do you think that the recent launch of new political maps depicting Indian territories by Pakistan would make any difference on the international community’s stance on Kashmir?

    A chain reaction

    • With this, Pakistan became the third country to launch a new political map after India and Nepal did the same.
    • India had reiterated its territorial claims in J&K, and Ladakh with the new map; this triggered a reaction from Nepal which contested Indian claims in the Kalapani region of Pithoragarh district.

    What are the features of the new map?

    • The new political map of Pakistan has claimed the entire region of Jammu and Kashmir stretching all the way to the edge of Ladakh.
    • The map also claims Junagarh and Manavadar, a former princely State and territory, respectively that are part of present-day Gujarat.
    • Pakistan also claimed the entire territory and water bodies that fall in the Sir Creek region in the westernmost part of India.

    Defiance of old agreements

    • The territorial claims of Pakistan are, however, of a far greater extent and challenge many of the past understandings and treaties.
    • This clearly runs counter to the Simla Agreement which treated Kashmir as a bilateral matter.
    • It leaves out a claim line at the eastern end of J&K indicating Pakistan’s willingness to make China a third party in the Kashmir issue.

    How different is it from previous ones?

    • A similar map has been part of school textbooks of Pakistan for many years which highlights the territorial aspiration of Pakistan over the northern part of the subcontinent.
    • The document also maintains bits of reality on the ground as it shows the Line of Control in Kashmir in a red-dotted line.
    • The map may be used to provide legal cover for some of Islamabad’s territorial ambitions, especially in Kashmir and Sir Creek.

    A Cartographical warfare

    • The map is likely to lead to changes in Pakistan’s position on territorial disputes with India.
    • By demanding the entire J&K region, Pak is changing the main features of its Kashmir discourse as it includes the Jammu region prominently.
    • The inclusion of Junagarh and Manavadar opens fundamental issues of territorial sovereignty of India.
    • Manavadar, a princely territory, joined India on February 15, 1948, and Indian troops marched into Junagarh in September that year incorporating it into Indian Territory.
    • By normalizing Islamabad’s claims over these former princely territories, Pakistan is most likely to assert its rights over the former princely State of Hyderabad as well.

    What does Pakistan plan to gain by this exercise?

    • Sir Creek is a collection of water bodies that extend from the Arabian Sea deep inside the territory of Kutch and is rich in biodiversity and mangrove forests.
    • India’s position on Sir Creek is based on the Kutch arbitration case of 1966-69.
    • The new map can be used to reassert Pakistan’s claims regarding the Rann which it had lost in the arbitration conducted in Geneva.
    • India’s position regarding Sir Creek is based on the fact that the arbitration had granted the entire Rann and its marshy areas to India while leaving the solid land across the Rann to Pakistan.
    • By demanding the demarcation to shift towards the eastern bank, Pakistan appears to be going back also on the spirit of the Rann of Kutch arbitration where the overwhelming evidence of maps supported India’s claims.

    Are there any claims on its western borders?

    • The map is silent about territorial claims in the west and northwest of Pakistan.
    • It indicates Islamabad’s acceptance of the Durand Line as the border with Afghanistan.
    • The reality on the ground, however, shows problems that continue to haunt Pakistan on that front as well where law and order have been difficult to maintain because of free movement of armed fighters.
    • A deadly clash between Afghan civilians and Pakistani troops near its Khyber-Pakhtunkhwa province is a usual discourse.
    • The resultant situation has placed Afghan and Pakistani troops in a confrontational position.