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GS Paper: GS2

  • India should not jump to conclusion in dealing with Iran

    Two events which happened in quick succession raised concern in India. Iran’s decision to continue the railway project on its own and the reports of deal with China, both the events weighs heavily on India’s interests. This article examines the future course of action which India must adopt in such a situation.

    Context

    • Iran and China are close to concluding a 25-year strategic partnership.
    • This is being linked to reports that Iran has decided to undertake the construction of the Chabahar-Zahedan railway line on its own.
    • The project has not been handed over to China — at least not yet — so the “India loses, China wins” narrative is premature.

    What does the China-Iran deal indicate?

    • China attaches importance to Iran, which is a key source of energy supplies, a part of Belt and Road Initiative, and a potentially lucrative market.
    • However, like India, China has also in parallel cultivated closer relations with Saudi Arabia and the UAE.
    • China continues to have a strong relationship with Israel.
    • As China’s economic, military and technological capabilities have increased, its profile in this strategically important region has also expanded.

    What should be India foreign policy approach towards Iran

    • While acknowledging changed regional geopolitical landscape, India should pursue continue the policy of maintaining positive relations with Iran, the Arab states and Israel.
    • India will have more room for manoeuvring in the region by continuing to maintain a strong and friendly relationship with Iran.
    • One should also not exclude the possibility of a Democratic US President reviving the Iran nuclear deal.
    •  The revival of the deal will open the door for US and European companies to resume business with Iran.
    • It is the reinstatement of severe economic sanctions that has led Iran to turn to China, but the latter has remained cautious.
    • The pursuit of a closer security partnership with the US does not mean that India should follow the US lead on its other important relationships.

    Concerns for India

    • While maintaining the relations, India should not monitor closely the development of relations between China and Iran, which could complicate our security interests on our western flank. 
    • Of particular concern is a reference to China constructing a new port at Jask at the mouth of the Hormuz strait.
    •  If the port were operated by China, India’s maritime security would be at further risk.
    • It would also be of deep concern to the Arab states who will suffer from any closing of the Hormuz Strait while Iran remains less affected.
    • This is an issue on which the Arab states may well react adversely to China.
    • India, too, should press its concerns on Iran while working on a counter-strategy.

    Consider the question “Balancing the contrasts has been the basis of India’s relations with Iran. Comment.”

    Conclusion

    India should continue its engagement with Iran while pressing for its concerns at the same time in particular when it comes to Iran’s relations with China endangering India’s interest.

  • Time to revisit the practice of floor test

    The growing trend of the toppling of the government by luring the MLAs of ruling party. The SC needs to reconsider the floor test usually ordered in such cases. The article analyses this issue here.

    Reading Article 191(2) and 10th Schedule

    • Article 191(2) declares that a person shall be disqualified from being a member of the legislative assembly or legislative council of a state if he is so disqualified under the Tenth Schedule.
    • The Tenth Schedule to the Constitution contains “provisions as to disqualification on ground of defection”.
    • Tenth Schedule also fixes the relationship between a member and a political party which selected him as a candidate.
    • It also provides one of the grounds for disqualification: “If he voluntarily gives up his membership of such political party”.
    • The decision as to disqualification is left to the absolute discretion of the Speaker.

    Constitutional morality and 10th Schedule

    • Tenth Schedule brings to the fore the need to emphasise “constitutional morality”.
    • Constitutional morality means “strict adherence to the core principles of constitutional democracy”.
    • So, Constitutional transgressions by MLAs coming through a “party platform” to serve the people for five years (Article 172), cannot be accepted.
    • In so doing, these MLAs forget the oath, taken under Article 188 of the Constitution to bear true faith and allegiance to the Constitution of India as established by law.
    • Legislators do not have absolute freedom to behave in any way they like.

    Issues with the floor test

    • When ruling party MLAs are lured with rewards, political or otherwise, then the “floor test” becomes constitutionally immoral and unjust.
    • This will amount to circumventing the Tenth Schedule through engineered defections through the judicial process.
    • It is high time the judiciary revisited the use of a “floor test” to prove a majority in a legislature.

    Consider the question “Examine the ways in which a member of the house is deemed to have given up his membership under the 10th Schedule as interpreted in the various judgements. Also, analyse the implications of conducting a floor test in a situation when members of the ruling party are lured with rewards.”

    Conclusion

    Judiciary must take note of the toppling of the majority government through luring of the MLAs and subsequent floor test by the courts. The floor test in such a situation needs reconsideration.

  • Judicial intervention in Anti-defection Proceedings

    A Supreme Court Bench is scheduled to hear an appeal filed by the Rajasthan Assembly Speaker’s office challenging the State High Court order to defer anti-defection proceedings against former Deputy CM.

    Try these questions:

    Q. “The anti-defection law works best as an insurance against violation of the people’s mandate for a party, but it cannot be made a tool to stifle all dissent.” Discuss.

    —–

    Q.Which one of the following Schedules of the Constitution of India contains provisions regarding anti-defection? (CSP 2014)

    (a) Second Schedule

    (b) Fifth Schedule

    (c) Eighth Schedule

    (d) Tenth Schedule

    What is the issue?

    • The petition said the HC has crossed its jurisdiction by asking the Speaker to put off his decision on the disqualification notices issued to dissident MLAs.
    • The HC order was an affront to the powers of the Speaker.
    • The High Court’s interim order granting extended time to rebel MLAs to file their replies to anti-defection notices amounted to a violation of Article 212 (courts not to inquire into the proceedings of the legislature).

    Backed by Tenth Schedule

    • The petition said that judicial review of ongoing anti-defection proceedings was limited.
    • Notice is much prior to any final determination or decision on disqualification.
    • The proceedings, including the notice, are in the realm of the legislative proceedings under Paragraph 6(2) of the Tenth Schedule, the Speaker’s office argued.

    Citing the Kihoto Hollohan case

    • The petition referred to the Constitution Bench judgment of the top court in the Kihoto Hollohan case in 1992 in this context.
    • Judicial review cannot be available at a stage prior to the making of a decision by the Speaker/Chairman and a prior action would not be permissible.
    • Nor would interference be permissible at an interlocutory stage of the proceedings, the verdict says.

    Must read:

    https://www.civilsdaily.com/news/kihoto-hollohan-order-1992/

    What does the dissident MLAs have to say?

    • The dissident MLAs had challenged the constitutionality of Paragraph 2(1)(a) of the Tenth Schedule which makes “voluntarily giving up membership of a political party” liable for disqualification.
    • The MLAs had argued that the provision infringed their right to dissent.
    • But the Speaker’s office countered that Paragraph 2 (1)(a) of the Tenth Schedule was the law of the land.
    • A mere challenge to its constitutionality cannot efface it from the statute book.

     

    Back2Basics

    https://www.civilsdaily.com/news/explained-anti-defection-law-and-its-evolution/

  • Exploring options to tackle China

    There are several options which India could explore in dealing with China with less cost but significant effectiveness. Diplomacy is one of them. What are the other options? Read the article to know…

    Context

    • China’s aggression and Galwan valley incident dismantles the Border Agreements of 1993, 1996, 2005 and 2013.
    • Understanding China’s objectives become critical in this situation.

    Analysing China’s objectives

    • Humbling India in the eyes of Asia and the world was all important for China.
    • Despite China’s territorial aggression, it would be a mistake to think that China is preparing for a conflict over territory.
    • China is well aware that it cannot be certain whether it will emerge a victor from an all-out conflict with India.
    •  China cannot afford to jeopardise its future for the present.
    • China has been intent on transforming the Asian region in its own image, and, simultaneously, seeking to become a continental and a maritime power.

    What are the options to deal with China

    • India may well find non-military tools not only more cost-effective but also less risky.
    • 1)  Exploiting the current widespread opposition to China, India must try to create international opinion in its support regarding border violations.
    • 2) Cultivation of foreign leaders with a view to draw their specific attention to China’s aggressive policies and designs is the second option.
    • India’s involvement with the Non-Aligned Movement (NAM) should prove invaluable in this respect.
    • 3) India must also overhaul its ‘messaging’ capacity.
    • It should make greater use of technology to send across its message and ideas in its vicinity and across the globe, highlighting its peaceful intentions in stark contrast to China’s aggressive policies and tactics.
    • 4)  India must pay particular attention to relations with countries in its neighbourhood, such as Nepal and Bangladesh, and allies such as Iran and Vietnam.
    • Relationship with these countries seems to have frayed at the edges, with India being more intent on strengthening relations with the West.
    • Smaller countries of Asia, which constantly face China’s aggressive interference in their internal affairs, have not received much support from India, and this needs India’s attention.
    • 5) India’s true strength is its unity in diversity. A truly united and resilient India is the best antidote to China’s attempts to humble India.
    • China has never been able to properly understand, the strength India seems to derive from its spiritual, religious and cultural attributes, which are a part of its civilisational heritage.
    • 6) India would do well to take pole position in propagating ‘Himalayan Buddhism’ which China has been seeking to subvert to achieve its ends.

    Consider the question “To counter the challenges manifested by China through recent events India needs to explore along with other options the subtler tools of power available to it. Examine the other tools available with India.”

    Conclusion

    Military no doubt project the country’s power but there are other options with less cost and significant benefits. India should focus on these options as well while dealing with China.

  • Costs of neglecting new Arabian business

    The article contrasts the over-emphasis put on the ties with Iran with the neglect of ties with Arab countries in India’s foreign policy. It explores the inherent difficulties in dealing with Iran. And opportunities for India in Arab countries.

    Context

    • Iran is accorded high priority in India’s foreign policy.
    • This stands in stark contrast to the under-appreciation of relationship with Arab countries.

    Reasons for a special relationship with Iran

    • Historical connections.
    • Civilisational bonds.
    • Energy supplies.
    • Regional security.
    • Geographic and demographic size, the geopolitical location next door.
    • Natural resources and the extraordinary talents of its people.

    Importance of Arab countries for India

    • Millions of Indian immigrants in the Arab nations.
    • Massive hard currency remittances from them, and the density of commercial engagement with the Arab Gulf is important for India.
    • The UAE and Saudi Arabia have, in recent years, extended invaluable support in countering terrorism and blocked attempts to condemn India in the Muslim world.

    Let’s analyse the issue of railway contract in Iran

    • Large countries with major foreign investments and projects win some and lose some.
    • Then there is no escaping the political risk associated with foreign projects.
    • And politics, both domestic and international, is all-consuming in Iran.
    • The sanctions regime imposed by the US has crippled the Iranian economy.
    • India is careful not to attract the US sanctions.
    • India did gain an exemption from the US sanctions regime for its participation in the Chabahar port project in Iran.
    • But they don’t apply to some of the partners suggested by Iran in the railway project.
    • So, Iran would like India to break the US sanctions regime.
    • A prudent India is resisting that temptation.
    • It would rather lose the railway contract than get into the raging crossfire between the US and Iran.

    Issue of balancing the relations with Iran and U.S.

    • India’s Iran policy cannot be seen as a test of India’s “strategic autonomy”.
    • Some expect Delhi to conduct its relationship with Iran without a reference to either a cost-benefit calculus or Iran’s troubled relationship with others with whom India has important partnerships.
    • No government in Delhi can buy into that proposition.
    • Criticism of the government policy is similar to what happened in 2005 over India’s stance on Iran’s covert nuclear programme.
    • Delhi’s vote against Iran in the International Atomic Energy Agency drew criticism.
    • But governments stand proved right when Iran concluded a nuclear deal of its own with the US and major powers, a decade later.
    • Iran surely can take care of its own interests, and there is little reason why Delhi must back Tehran in every one of its fights with Washington.

    India should focus on Arab countries

    • The Arab world has had its doors open for political, economic and technological cooperation with India.
    • Three moderate Arab nations — Egypt, Saudi Arabia and the UAE — are confronting radical forces in the region and are valuable partners for India in countering forces of destabilisation.
    •  There is real Chinese economic action in the Arab world as the region embraces China’s Belt and Road Initiative.
    • India is no minor economic force in the Arab world, having had a much longer engagement with the region than China.
    • Delhi must up its own commercial game in the Arab world, and one of the new possibilities for India lies in the domain of new technologies.
    • There is emerging sentiment among the Gulf Arabs to reduce the over-dependence on oil, promote alternative energy sources, invest in higher education, and develop technology hubs.

    Consider the question “India’s relations with Iran has always been driven by the geopolitical contexts. This poses an inherent challenge for both countries. In light of this examine the importance of Iran for India and challenges India’s foreign policy faces in dealing with Iran.”

    Conclusion

    India must focus on elevating India’s economic partnership with the Arab world to the next level. For India, the costs of neglecting the new possibilities for wide-ranging Arabian business are far higher than a lost railway contract in Iran.

  • Explained: Consumer Protection Act, 2019

    The Consumer Protection Act, 2019 has come into effect from July 20, replacing the earlier Consumer Protection Act, 1986.

    Consumer Protection Act_Provisions of Consumer Protection Act 2019

    What are the Rights of the Consumers?

    Try this question from our AWE initiative 

    Compare and contrast the Consumer Protection Act 1986 with that of the Consumer Protection Bill 2018. How far do you think the changes made are consumer centric towards benefiting the consumer more? Examine. (250 W/ 15 M)

    Consumer Protection Act, 2019: Key Features

    1) Definition of consumer

    • A consumer is defined as a person who buys any good or avails a service for a consideration. 
    • It does not include a person who obtains a good for resale or a good or service for commercial purpose. 
    • It covers transactions through all modes including offline, and online through electronic means, teleshopping, multi-level marketing or direct selling.

    2) Rights of consumers

    The following consumer rights have been defined in the Act, including the right to:

    • be protected against marketing of goods and services which are hazardous to life and property;
    • be informed of the quality, quantity, potency, purity, standard and price of goods or services;
    • be assured of access to a variety of goods or services at competitive prices; and
    • seek redressal against unfair or restrictive trade practices.
       

    3) Establishment of Central Consumer Protection Authority

    • The central government will set up a CCPA to promote, protect and enforce the rights of consumers. 
    • It will regulate matters related to violation of consumer rights, unfair trade practices, and misleading advertisements. 
    • The CCPA will have an investigation wing, headed by a Director-General, which may conduct inquiry or investigation into such violations. 

    4) Penalties for misleading advertisement

    • The CCPA may impose a penalty on a manufacturer or an endorser of up to Rs 10 lakh and imprisonment for up to two years for a false or misleading advertisement. 
    • In case of a subsequent offence, the fine may extend to Rs 50 lakh and imprisonment of up to five years. 
    • CCPA can also prohibit the endorser of a misleading advertisement from endorsing that particular product or service for a period of up to one year.
    • For every subsequent offence, the period of prohibition may extend to three years.  

    5) Consumer Disputes Redressal Commission

    • CDRCs will be set up at the district, state, and national levels. 
    • A consumer can file a complaint with CDRCs in relation to: unfair or restrictive trade practices; defective goods or services etc.
    • Complaints against an unfair contract can be filed with only the State and National   Appeals from a District CDRC will be heard by the State CDRC. 
    • Appeals from the State CDRC will be heard by the National CDRC.  Final appeal will lie before the Supreme Court.

    6) Jurisdiction of CDRCs

    • The District CDRC will entertain complaints where value of goods and services does not exceed Rs one crore. 
    • The State CDRC will entertain complaints when the value is more than Rs one crore but does not exceed Rs 10 crore. 
    • Complaints with value of goods and services over Rs 10 crore will be entertained by the National CDRC.
       

    7) Product liability

    • Product liability means the liability of a product manufacturer, service provider or seller to compensate a consumer for any harm or injury caused by a defective good or deficient service. 
    • To claim compensation, a consumer has to prove any one of the conditions for defect or deficiency, as given in the Act.

    With inputs from: PRS

  • What is the Non-Aligned Movement (NAM)?

    Non-alignment is an old concept today, and India has adopted an approach of “issue-based alignment”, according to External Affairs Minister S. Jaishankar.

    Try this question for mains:

    Q.“The gradual exit of the US from institutional geopolitics has created an ocean of opportunity for small nations”. Discuss.

    What is the Non-Aligned Movement (NAM)?

    • The NAM is a forum of 120 developing world states that are not formally aligned with or against any major power bloc.
    • The group was started in Belgrade, Yugoslavia in 1961.
    • After the UN, it is the largest grouping of states worldwide.

    Its formation

    • NAM emerged in the context of the wave of decolonization that followed World War II.
    • It was created by Yugoslavia’s President, Josip Broz Tito, India’s first PM, Jawaharlal Nehru, Egypt’s second President Gamal Abdel Nasser, Ghana’s first president Kwame Nkrumah, and Indonesia’s first President, Sukarno.
    • All five leaders believed that developing countries should not help either the Western or Eastern blocs in the Cold War.
    • As a condition for membership, the states of the NAM cannot be part of a multilateral military alliance (such as the NATO) or have signed a bilateral military agreement with one of the “big powers” involved in Great Power conflicts.
    • However, its idea does not signify that a state ought to remain passive or even neutral in international politics.

    Its relevance today

    • One of the challenges of the NAM in the 21st century has been to reassess its identity and purpose in the post-Cold War era.
    • The movement has continued to advocate for international cooperation, multilateralism, and national self-determination, but it has also been increasingly vocal against the inequities of the world economic order.
    • On the contrary, from the founding of the NAM, its stated aim has been to give a voice to developing countries and to encourage their concerted action in world affairs.

    The geopolitics of opportunity

    • Non-alignment was a term of a particular era and geopolitical landscape. One aspect was independence, which remains a factor of continuity for India.
    • The consequences of global shifts, including the US and the assertiveness of China, are opening spaces for middle powers like India, Japan, the EU and others.

    US repositioning has impacted everyone

    • The consequence of repositioning of the US, that the big umbrella is now smaller than it used to be, has allowed many other countries to play more autonomous roles.
    • India needs to take more “risks”, as the world expected it to take a more proactive stance on various issues including connectivity, maritime security, terrorism, climate change and terrorism.

  • [pib] Manodarpan Initiative

    The Union HRD Ministry will launch the Manodarpan Initiative, today.

    Try this question from CSP 2016:

    Q.’Rashtriya Garima Abhiyaan’ is a national campaign to:

    (a) rehabilitate the homeless and destitute persons and provide them with suitable sources of livelihood

    (b) release the sex workers from their practice and provide them with alternative sources of livelihood

    (c) eradicate the practice of manual scavenging and rehabilitate the manual scavengers

    (d) release the bonded labourers from their bondage and rehabilitate them

    Manodarpan Initiative

    • ‘Manodarpan’ covers a wide range of activities to provide psychosocial support to students, teachers and families for Mental Health and Emotional Wellbeing during the COVID outbreak and beyond.
    • It contains advisory, practical tips, posters, videos, do’s and don’ts for psychosocial support, FAQs and online query system.
    • It aims to provide psychosocial support to students for their mental health and well-being.
    • It has been included in the Atmanirbhar Bharat Abhiyan, as a part of strengthening human capital and increasing productivity and efficient reform and initiatives for the education sector.
    • A toll-free helpline will also be launched as part of the initiative for a country-wide outreach to students from schools, colleges and universities.
    • Through this helpline, tele-counselling will be provided to the students to address their mental health and psychosocial issues.

  • Changing dynamics in China-Pakistan collusion against India

    India has always been aware of the China-Pak collusion and their mutual support to each others’ actions. But the underlying basis has been changing now. It is no longer Pakistan seeking Chinese support in J&K as much as it is the other way around.

    Preparedness for a two-front war

    • The debate regarding India’s capability to fight a war in which there is full collusion between China and Pakistan has generally remained inconclusive.
    • Most detractors of the belief regarding China’s military-operational support to Pakistan, have leaned on the argument that China will adopt a policy to suit its interests.
    • Both in 1965 and 1971, China made some promises to Pakistan but chose to stay away.
    • Of course, that was during the Cold War — a completely different international strategic environment.

    China-Pakistan collection action in Kashmir

    • Pakistan increased its proxy campaign in J&K almost in sync with two China-related trends.
    • First, enhanced PLA assertiveness in Eastern Ladakh.
    • Second, the announcement of the Belt and Road Initiative (BRI).
    • A progressively altering Chinese attitude towards the Kashmir issue started to take shape as early as 2008-09, with issuing stapled visas to Indians residing in J&K and denial of a visa to the Northern Army Commander were signs of it.
    • This support was also witnessed on issues like the Nuclear Suppliers Group (NSG), Pakistan’s involvement in global terrorism and the abrogation of Article 370.

    Pincer approach in Ladakh

    • It is no longer Pakistan seeking Chinese support for its adventurism as much as it is the other way around.
    • The mutuality of interests has increased and military coordination has become a larger part of the overall strategy.
    • China may force further escalation this season depending upon how the world responds to its expansionism.
    • China could also adopt a posture which prepares it, along with Pakistan, towards a future “pincer approach” in Ladakh.
    • Along with Ladakh — Arunachal, Sikkim and the Central Sector are very part of the expanded collusive strategy.
    • But it is Ladakh where the effect is intended most and it is there that the pincer approach may prove more challenging for India.

    Suggestions for India

    • Assuming that confrontation with the Sino-Pak combine is inevitable now or later, one of the ways for India to offset this is to project sufficient capability.
    • The diplomatic and military domains have to play this out effectively.
    • India cannot be seen to be alone or militarily weak.
    • It has tremendous support internationally which must translate into a higher level of strategic support.
    • Militarily, Pakistan should never be able to perceive that it will be allowed to fight as per choice and conceived strategy.
    • China’s success or failure in such adventurism will set the course of its future strategy against its multiple adversaries.
    • That is the psyche which India must exploit to prevent escalation and win this and impending standoffs without fighting.
    • This needs a rapid and all-out national effort with the highest priority accorded to it, including budgeting.

    Conclusion

    India cannot afford to focus only on the northern borders. A firm and full strategy to deal with Pakistan in all contingencies has now become imperative.

  • Concerns over Australia in the Malabar Exercise

    While the idea of inviting Australia to join Malabar is being explored, we must not forget the concerns with it. This article examines such concerns.

    Context

    • India’s Ministry of Defence discussed the issue of adding Australia to the trilateral Malabar naval exercise.
    • If materialised, it will be the first time since 2007 that all members of Quad-India, U.S., Japan and Australia will participate in a joint military drill.

    Possible consequences of the move

    • The Chinese leadership sees the maritime Quadrilateral as an Asian-NATO that seeks only to contain China’s rise.
    •  India’s intention to involve Australia in the Malabar drill could only be construed as a move directed against Beijing.

    India’s perspective

    • Following the stand-off in Ladakh, many Indian analysts believe the time is right for India to shed its traditional defensiveness in the maritime domain.
    • The realists advocate an alliance with the U.S., Japan and Australia to counter Chinese moves in the Indian Ocean.

    Concerns

    1) Contrary message to China

    • While India and China are negotiating a truce, Australia’s participation in the Malabar exercise sends contrary signals to Beijing.
    • If China responded aggressively in the Eastern Indian Ocean, it could needlessly open up a new front in the India-China conflict.

    2) Only modest gains for India

    • U.S. and its Pacific partners want to form a maritime coalition to implement a ‘rules-based order’ in the Indo-Pacific littorals.
    • India’s priority is to acquire strategic capabilities to counter a Chinese naval presence in the Indian Ocean.
    •  Indian Navy is yet to develop the undersea capability to deter Chinese submarines in the eastern Indian Ocean.
    • With U.S. defence companies hesitant to share proprietary technology the gains for India, in exchange for signing up the ‘military-quad’, are modest.
    • Without strategic technology transfers, Indian Navy’s deterrence potential in the Indian Ocean Region (IOR) will not improve much.

    3) Operational issue: India will be drawn into power dynamics of the Asia-Pacific

    • With the strategic contest between the U.S. and China, there is every possibility that the military-Quad will be used to draw India into the security dynamics of the Asia-Pacific.
    • The U.S. would expect its Indo-Pacific partners, including India, to assist the U.S. Navy in its South China Sea endeavour.
    •  The U.S. and Japanese navies have little spare capacity for sustained surveillance and deterrence operations in the IOR.
    • Australia is an exception and is ready and able to partner India in securing the Eastern Indian Ocean.

    4) Timing

    • A balancing coalition must come together at a time when the nature and magnitude of the threat are wholly manifest.
    • But, despite a growing presence in the Indian Ocean, the Chines Navy is yet to physically threaten Indian interests at sea.
    • So, the onus of the first move to precipitate a crisis in the Eastern Indian Ocean lies with the Indian Navy.

    Conclusion

    Upgrading the trilateral Malabar to a quadrilateral, without acquiring the requisite combat and deterrence capability, could yield gains for India in the short term, but would prove ineffective in the long run.