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GS Paper: GS2

  • What is Plea Bargaining and how does it work?

    Many members of a religious faction belonging to different countries have obtained release from court cases in recent days by means of plea bargaining. They were accused of violating visa conditions by attending a religious congregation in Delhi.

    Try this question for mains:

    Q.What is Plea Bargaining and how does it work? Discuss the rationale behind and benefits in reducing the burden on Judiciary.

    What is Plea Bargaining?

    • Plea bargaining refers to a person charged with a criminal offence negotiating with the prosecution for a lesser punishment than what is provided in law by pleading guilty to a less serious offence.
    • It is common in the US and has been a successful method of avoiding protracted and complicated trials.
    • As a result, conviction rates are significantly high there. It primarily involves pre-trial negotiations between the accused and the prosecutor.
    • It may involve bargaining on the charge or in the quantum of sentence.

    When was it introduced in India?

    • In India, the concept was not part of law until 2006. It was introduced in 2006 as part of a set of amendments to the CrPC as Chapter XXI-A, containing Sections 265A to 265L.
    • There has always been a provision in the Code of Criminal Procedure for an accused to plead ‘guilty’ instead of claiming the right to a full trial, but it is not the same as plea bargaining.
    • The Law Commission of India, in its 142nd Report, mooted the idea of “concessional treatment” of those who plead guilty on their own volition but was careful to underscore that it would not involve any plea bargaining or “haggling” with the prosecution.

    How does it work?

    • Unlike in the U.S. and other countries, where the prosecutor plays a key role the Indian code makes plea bargaining a process that can be initiated only by the accused.
    • Further, the accused will have to apply to the court for invoking the benefit of bargaining.

    In what circumstances is it allowed?

    • Cases for which the practice is allowed are limited.
    • Only someone who has been charge-sheeted for an offence that does not attract the death sentence, life sentence or a prison term above seven years can make use of the scheme under Chapter XXI-A.
    • It is also applicable to private complaints of which a criminal court has taken cognizance.
    • Other categories of cases that cannot be disposed of through plea bargaining are those that involve offences affecting the “socio-economic conditions” of the country or committed against a woman or a child below 14.

    How to avail this?

    • The applicant should approach the court with a petition and affidavit stating that it is a voluntary preference and that he has understood the nature and extent of punishment provided in law for the offence.
    • The court would then issue a notice to the prosecutor and the complainant or victim, if any, for a hearing.
    • The voluntary nature of the application must be ascertained by the judge in an in-camera hearing at which the other side should not be present.
    • Thereafter, the court may permit the prosecutor, the investigating officer and the victim to hold a meeting for a “satisfactory disposition of the case”.
    • The outcome may involve payment of compensation and other expenses to the victim by the accused.

    After approval

    • Once mutual satisfaction is reached, the court shall formalize the arrangement by way of a report signed by all the parties and the presiding officer.
    • The accused may be sentenced to a prison term that is half the minimum period fixed for the offence.
    • If there is no minimum term prescribed, the sentence should run up to one-fourth of the maximum sentence stipulated in the law.

    What is the rationale for the scheme? What are its benefits?

    • The Justice Malimath Committee on reforms of the criminal justice system endorsed the various recommendations of the Law Commission with regard to plea bargaining.
    • Some of the advantages it culled out from earlier reports are that the practice would ensure a speedy trial, end uncertainty over the outcome of criminal cases, save litigation costs and relieve the parties of anxiety.
    • It would also have a dramatic impact on conviction rates.
    • Prolonged incarceration of undertrials without any progress and overcrowding of prisons were also other factors that may be cited in support of reducing pendency of cases and decongesting prisons.
    • Moreover, it may help offenders make a fresh start in life.

    Do courts have reservations?

    • Case law after the introduction of plea bargaining has not developed much as the provision is possibly not used adequately.
    • However, earlier judgments of various courts in cases in which the accused enter a ‘guilty’ plea with a view to getting lesser sentences indicate that the judiciary may have reservations.
    • Some verdicts disapprove of bargaining with offenders, and point out those lenient sentences could be considered as part of the circumstances of the case after a regular trial.
    • Courts are also very particular about the voluntary nature of the exercise, as poverty, ignorance and prosecution pressure should not lead to someone pleading guilty of offences that may not have been committed.

  • Voting right to migrant workers

    A large number of migrant workers cannot vote in their constituency. This assumes significance when we consider that the Supreme Court has interpreted the right to vote as an extension of the fundamental right of the freedom of expression. So,  the ECI should find ways to enable them exercise their right.

    Universal adult franchise: India’s achievement

    • India moved from a restrictive 15 per cent of Indians having limited voting rights to universal adult franchise.
    • Transformative nature of the Indian national movement and the ideals of equality and non-discrimination enshrined in it played a crucial role in it.
    • It was B R Ambedkar’s clarity of vision that resulted in Article 326 of the Constitution.
    • Ambedkar had influenced public opinion on the matter for decades, giving evidence before the Southborough committee.

    Migrant workers: some facts

    • According to the 2011 Census, the number of internal migrants stands at 45 crore.
    • Among these, 26 per cent of the migration, that is, 11.7 crore occurs inter-district within the same state.
    • 12 per cent of the migration, that is, 5.4 crore occurs inter-state.
    • Both official and independent experts admit that this number is underestimated.
    • Circular migration accounts for those migrants who have not permanently relocated to host cities, and instead circulate between host and home cities.
    • Short-term and circular migration could itself amount to 6-6.5 crore.
    • Half of these are inter-state migrants.
    • Migrant labourers mostly hail from most poverty-driven rural areas.
    • They are from among the most marginalised sections SC/STs and OBCs, and other minorities.
    • As of 2011, Uttar Pradesh and Bihar were the largest sources of inter-state migrants, with 83 lakh and 63 lakh migrants respectively.

    Low turnout in the source states

    •  Economic constraints disable a majority of migrant workers from voting as they cannot commute to their home states on the polling day.
    • One survey shows that only 48 per cent of those surveyed voted in the 2009 Lok Sabha elections, when the national average was 59.7 per cent.
    • In the 2019 Lok Sabha polls, major sender states such as Bihar and UP had among the lowest voter turnout rates.

    Inability to satisfy “Ordinary Resident” criteria

    • Given the nature of migration being circular and seasonal, migrants are not permanent/long-term residents in host cities.
    • So, they do not satisfy the requirements of being an “ordinary resident” under Section 20 of the Representation of People Act (RP Act), in the host state, to obtain voter cards.
    • They are, therefore, unable to transfer their constituency.

    Solution: Postal ballot

    • The Election Commission of India has under Section 60(c) of the RP Act the power to notify a certain class of persons to vote via postal ballot.
    • The ECI’s much-proclaimed mission to ensure “no voters are left behind” has resulted in attempts to ensure a secure system of postal ballots.
    • In the 2019 Lok Sabha elections, more than 28 lakh votes were received via postal ballots.
    • The Indian migrant worker should be given the right to vote through a similar system.

    Consider the question “There is scope for increasing the voter turnout in India and enabling the migrant workers to vote could be one of them. Examine the reasons for low voting turnout in India and suggest the measures to improve it.”

    Conclusion

    Securing the migrant workers right to vote will make democracy inclusive, responsible and sensitive to the concerns of those who find it difficult to make their voice heard.

  • Iran ties need quiet diplomacy

    India ties with Iran are significant for more than one reasons. Two countries share cultural bonds, Iran holds a special place when it comes to India’s energy security. Yet, India often finds itself in a difficult position as it tries to walk the tightrope between the U.S. sanction and maintaining the relations with Iran. 

    Context

    • Concerns were raised in India over its exclusion by Iran from the 628 km long rail link between Chabahar and Zahidan.
    • Iran has since clarified that it is not the case and India could join the project at a later stage.
    • It happened just as China and Iran were close to signing a deal on an economic and security partnership.

    Importance of Chabahar and the rail link

    • Chabahar could provide connectivity for Afghanistan through Iran in order to lessen its dependence on Karachi port.
    • This plan has enjoyed support in Delhi, Kabul and Tehran since 2003.
    •  Road and rail links from Chabahar to Zahidan and then 200 km further on to Zaranj in Afghanistan, need to be built.

    Progress on the project

    • Iran was under sanctions during 2005-13, so there was little progress.
    •  Meanwhile, India concentrated on the 220 km road to connect Zaranj to Delaram on the Herat highway, and completed it in 2008.
    • After the sanctions on Iran eased in 2015,  A memorandum of understanding (MoU) was signed with Iran in 2016.
    • This MoU aimed to equip and operate two terminals at the Shahid Beheshti port as part of Phase I of the project.
    • The Trilateral Agreement on Establishment of International Transport and Transit Corridor between Afghanistan, Iran and India was signed.
    • In addition to $85 million of capital investment, India also committed to providing a line of credit of $150 million for port container tracks.
    • Phase I was declared operational in 2018 and India’s wheat shipments to Afghanistan have been using this route.
    • A special economic zone (SEZ) at Chabahar was planned but re-imposition of U.S. sanctions has slowed investments into the SEZ.
    • India was given a waiver from U.S. sanctions to continue cooperation on Chabahar.
    •  Despite the waiver, the project has suffered delays.

    Growing Iran-China relations

    • In 2016, just as sanctions were eased, Chinese President Xi Jinping visited Tehran and proposed a long-term comprehensive, strategic partnership.
    • Iran kept the negotiations going for years because of reluctance to grow too close to China.
    • Meanwhile, tensions in the region have been growing since last year with missile strikes in Saudi Arabia and a U.S. drone strike killing Gen. Qassim Soleimani.
    • As a veto-wielding member, China can help Iran at the UNSC.
    • Even so, the Iran- China comprehensive, strategic partnership road map has run into opposition in the Majlis[Iranian Parliament].

    India’s concerns over Iran-China deal

    • What is alarming for New Delhi is that Beijing is also concluding a security and military partnership with Tehran.
    • Initial reports in Iran have suggested China will deploy 5,000 security personnel to protect its projects in Iran.
    • Some reports suggest Kish Island in the Persian Gulf, located at the mouth of the Strait of Hormuz, maybe “sold” to China.
    • With a growing Chinese presence, India is also concerned about its strategic stakes around the Chabahar port project.

    Way forward for India

    • Though China has a greater capacity to resist U.S. sanctions, Iran realises the advantage of working with India as it enjoys a sanctions waiver from the U.S. for Chabahar.
    • Iran and India also share an antipathy to a Taliban takeover in Afghanistan.
    • This is why Iran would like to keep the door open.
    • Nevertheless, India needs to improve its implementation record of infrastructure projects in its neighbourhood.
    • There are numerous tales of Indian cooperation projects in Nepal, Bangladesh, Sri Lanka, Myanmar, etc suffering delays and cost overruns that only make it easier for China to expand its footprint in India’s neighbourhood.

    Consider the question “India-Iran ties circumscribed by each other’s compulsion and geopolitical constraints. Comment.”

    Conclusion

    India should continue to remain politically engaged with Iran so that there is a better appreciation of each other’s sensitivities and compulsions.

    With inputs from:

    https://indianexpress.com/article/explained/explained-in-china-iran-indias-concerns-6511177/

  • Debate around ‘One-Nation- One-Curriculum’

    The Supreme Court has refused to entertain a plea for a uniform and common curriculum for school students between aged six and 14 across the country rather than have diverse ones such as the CBSE, the ICSE and State Board.

    Practice question for mains:

    Q.Discuss the efficacy of the One-Nation- One-Board System and its limitations.

    Background

    • Schools in India are mainly columned primarily into 4 boards of education, namely CBSE, ICSE and IB (International Baccalaureate).
    • In total, there are 41 boards of education throughout India.
    • These different boards of education have different syllabuses, which creates a knowledge gap among school students.
    • To curate this gap, syllabuses of every board for the Indian schools are being brought at par.

    What was the plea before the Supreme Court?

    • The petition asked considering the setting up of a National Education Council/Commission and following a “one-nation-one-board” system in which the ICSE is merged with the CBSE.
    • It urged a standard textbook with chapters on fundamental rights, duties, directive principles and the golden goals set out in the Preamble.
    • It asked to make the study compulsory for all the children aged 6-14 years throughout the territory of India.

    Why did the court refuse?

    • Uniform curriculum was a “matter of policy” and the judiciary could not “command” the government said the Supreme Court bench.

    Pros of common curriculum

    • The Article 21A of the Constitution has the RTE (Right to Education) Act says that every child in the age of 4 to 16 should be given free and compulsory education.
    • To keep a check on that, a common syllabus throughout the country is required. This will help all the students to be on par with education.
    • With a common syllabus throughout the country, no student will lag behind in education and hence, this will help them prepare better for competitive examinations or admission tests beyond school level for the outside world.
    • Politics, in some cases, influence the education system which is very unfair for the students. Some state boards prefer the admission of students from their own region and willingly keep the seats of colleges and universities occupied for students passing their 12th standard from their state boards.
    • A common syllabus would also mean that there would be no discrimination regarding quality education on the basis of caste, creed, social, religious beliefs or economic backgrounds.
    • It will provide an unbiased ground of learning and development of the young ones, which may turn out to be very beneficial in future.
    • At present, some of the state boards are not updating their syllabus frequently as per the changes in society. This loophole will be eliminated with the introduction of the uniform syllabus in India.

    Limitations

    • Students may miss learning things specific to their region and their culture. This can be a threat to diversity.
    • Current school students might get affected or stressed out on a sudden change of syllabus.
    • An abrupt change in the syllabus may hamper the stability of a student with the academics which will not be a good turn.
    • A new set of the syllabus will bring in more workload on teachers and parents too.

    Conclusion

    • Uniform education system having common syllabus and common curriculum would achieve the code of a common culture, removal of disparity and depletion of discriminatory values in human relations.
    • It would enhance virtues and improve the quality of life, elevate the thoughts, which advance the constitutional philosophy of equal society.
    • Though the government has been trying to put up with equality in education, the barriers have been inevitable to date.
    • A common syllabus seems to be a wise option, but it is yet to be implemented over the entire country.

    With inputs from:

    https://www.groupdiscussionideas.com/common-syllabus-throughout-indian-schools-pros-cons/

  • The Kihoto Hollohan Judgment and its Significance

    The 28 YO Kihoto Hollohan judgment has found its relevance in the case of ousted Rajasthan Dy. CM and some MLAs who were issued a notice under the anti-defection law.

    Try this question from CSP 2019:

    Q.The Ninth Schedule was introduced in the Constitution of India during the prime-ministership of:

    (a) Jawaharlal Nehru

    (b) Lal Bahadur Shastri

    (c) Indira Gandhi

    (d) Morarji Desai

    Under debate: Speaker’s power

    • The power for this disqualification is vested in the Speaker, who is usually a nominee of the ruling party.
    • Since no action was taken by the Speaker on the disqualification petitions, a writ petition was filed before the High Court of Manipur in Imphal seeking directions to decide on the petition.
    • However, the court did not pass an order.
    • It said that the larger issue of whether a High Court can direct a Speaker to decide a disqualification petition within a certain timeframe is pending before a Constitution Bench of the Supreme Court.
    • The parties are left with the option to move the apex court or wait for the outcome of the cases pending before it.

    The Kihoto Hollohan Judgment

    • The 1992 judgment of the Supreme Court in the Kihoto Hollohan versus Zachillu and Others has said that “judicial review cannot be available at a stage prior to the making of a decision by the Speaker/Chairman.
    • Nor would interference be permissible at an interlocutory stage of the proceedings said the Supreme Court.
    • The only exception for any interlocutory interference can be cases of interlocutory disqualifications or suspensions which may have grave, immediate and irreversible repercussions and consequence.

    Free speech

    • The ruling party in Rajasthan has 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 have said the provision infringes into their right to express dissent and is a violation of their fundamental right to free speech as a legislator.
    • The Rajasthan HC Bench explained that the reason for limiting the role of courts in ongoing defection proceedings is that the “office of the Speaker is held in the highest respect and esteem in parliamentary traditions.

    Exceptions to the Kihoto Judgment

    • The judgment had said that even the scope of judicial review against an order of a Speaker or Chairman in anti-defection proceedings would be confined to jurisdictional errors.
    • That is if its infirmities are based on a violation of constitutional mandate, mala fides, non-compliance with rules of natural justice and perversity.

    Back2Basics

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

  • Issues over Delimitation in the Northeast

    The Election Commission has red-flagged the Union government’s order setting up a Delimitation Commission for Arunachal Pradesh, Manipur, Assam and Nagaland, calling it “unconstitutional” and “illegal”. When delimitation last took place in the rest of the country in 2002-08, these states had been left out.

    Try this question from CSP 2017:

    Q.Consider the following statements:

    1. The Election Commission of India is a five-member body.
    2. Union Ministry of Home Affairs decides the election schedule for the conduct of both general elections and bye-elections.
    3. Election Commission resolves the disputes relating to splits/mergers of recognized political parties.

    Which of the statements given above is/are correct?

    (a) 1 and 2 only

    (b) 2 only

    (c) 2 and 3 only

    (d) 3 only

    What is delimitation and why is it needed?

    • Delimitation is the act of redrawing boundaries of Lok Sabha and Assembly seats to represent changes in population.
    • In this process, the number of seats allocated to a state may also change.
    • The objective is to provide equal representation for equal population segments and a fair division of geographical areas so that no political party has an advantage.
    • The Delimitation Commission’s orders cannot be questioned before any court.

    Legal status

    • Delimitation is carried out by an independent Delimitation Commission (DC).
    • The Constitution mandates that its orders are final and cannot be questioned before any court as it would hold up an election indefinitely.

    How is delimitation carried out?

    • Under Article 82, the Parliament enacts a Delimitation Act after every Census.
    • Once the Act is in force, the Union government sets up a DC made up of a retired Supreme Court judge, the Chief Election Commissioner and the respective State Election Commissioners.
    • The Commission is supposed to determine the number and boundaries of constituencies in a way that the population of all seats, so far as practicable, is the same.
    • The Commission is also tasked with identifying seats reserved for Scheduled Castes and Scheduled Tribes; these are where their population is relatively large.
    • All this is done on the basis of the latest Census and, in case of difference of opinion among members of the Commission, the opinion of the majority prevails.

    Northeast’s concerns

    • In the last delimitation exercise, completed in 2008, Arunachal, Manipur, Assam, Nagaland were kept out due to apprehensions overuse of the 2001 Census.
    • The Centre’s move to club the four with J&K comes in the backdrop of unrest in the region over CAA.

    Why were these four states left out in 2002-08?

    • In Arunachal Pradesh, Assam, Manipur and Nagaland, various organisations had moved the Gauhati High Court against the 2002-08 exercise, challenging the use of the 2001 Census for reference.
    • From Assam, an all-party delegation met then Home Minister pleading that delimitation is called off because the National Register of Citizens (NRC) was yet to be updated.
    • The Delimitation Act was amended in 2008, and on February 8, 2008, Presidential orders were issued to defer delimitation in these four states.

    So, when did the government decide to resume delimitation?

    • In February this year, President Kovind cleared the decks for the resumption of the delimitation exercise in the four states by cancelling the earlier order.
    • It noted that there had been a reduction in insurgency incidents, making the situation conducive for carrying out delimitation.

    Will delimitation change the number of seats in these states?

    • Not in the four Northeast states. There is a freeze until 2026 on the number of Lok Sabha and Assembly seats in any state.
    • Delimitation will only redraw the boundaries of seats in each state and can rework the number of reserved seats for SCs and STs.
    • However, because of exceptional past circumstances, Jammu & Kashmir’s Assembly seats will now increase from 107 to 114, which is expected to increase the Jammu region’s representation.

  • Centralisation in decision making in education

    The article tracks the evolution of the India education system after Independence. While the decentralisation and active encouragement underscores the initial years, recent trends shows a growing emphasis on centralisation.

    How Government support contributed to rise of educational institutions

    • In the initial decades after Independence, the government was conscious of various social, economic and financial challenges.
    • So, the government strongly supported universities, encouraging them to further develop an academic .
    • The IITs and IIM along with institutions of academic excellence like the IISc, Indian Statistical Institute, and JNU emerged as model institutions.
    • The institutional and academic autonomy offered was central to their emerging as premier institutions.
    • Other universities revised curricula and set about the task of reforming the university as a space for healthy academic engagement.

    Rise of decentralisation in collective decision making

    • The above changes were marked by the growing importance of various large representative institutional bodies.
    • For example, institutional bodies like faculty committees, committees of courses, board of studies, university senates, academic councils and executive councils grew in importance.
    • These bodies oversaw the administrative and academic functioning of the university and ensured collective decision-making.
    • Debate over ideological positions, scholarly beliefs shaped the process of nation-building in independent India.

    Policy changes and its impact (2005-15)

    • The constitution of the National Knowledge Commission and privatisation of education undermined the deliberative and independent character of these institutions of higher education.
    • Administrative and academic decisions were imposed from above.
    • Discussions within various academic bodies were discouraged.
    • The imposition of the semester system and a four-year undergraduate programme in many public and private universities were hallmarks of this new era of bureaucratic centralisation.
    • The academic achievements of scholars from Indian universities were undermined.
    • Those in positions of authority within the universities were encouraged to undermine academic bodies and limit their role.

    New government intervention after 2015

    • Futher changes were introduced starting from 2015.
    • Choice Based Credit System was introduced and there were renewed attempts to privatise higher education linked to an emphasis on rankings.
    • The government started to look into minute details pertaining to academic curricula, the teaching-learning process and the parameters that governed academic research within the university.

    Centralisation in Covid-19 pandemic

    • The centralisation trend intensified with the outbreak of the COVID-19 pandemic.
    • The Central government and the University Grants Commission have imposed themselves on the daily functioning of all higher educational institutions.
    • This represents a new government-oriented bureaucratic centralisation.
    • Decisions about the conclusion of academic term, the modalities for evaluation and the conduct of the teaching-learning process have become exclusive government prerogatives.
    • The various academic bodies that had original jurisdiction over these matters have been made redundant.
    • How and whether examinations are to be conducted has become an issue of contention between State and Central governments.

    Consider the question “Centralisation of the decision making instead of at institutional level in educational institutions and universities lies at many woes of the higher education in India. Comment.”

    Conclusion

    The time has come for institutions of higher education in India to recover their lost voice and restore the fertile academic space where ideas are discussed and debated rather than suppressed and dismissed.

    Original article:

    https://www.thehindu.com/opinion/lead/the-lost-voice-of-the-indian-university/article32105945.ece

  • [pib] NISHTHA Programme

    The first on-line NISHTHA programme for 1200 Key Resources Persons in Andhra Pradesh was launched by Union HRD Ministry.

    There are various web/portals/apps with peculiar names such as YUKTI, DISHA, SWAYAM etc. Their core purpose is similar with slight differences. Pen them down on a separate sheet under the title various digital HRD initiatives.

     

    Add one more to this list.

    NISHTHA Programme

    • NISHTHA is an acronym for National Initiative for School Heads’ and Teachers’ Holistic Advancement.
    • It is the largest teachers’ training programme of its kind in the world.
    • The basic objective of this massive training programme ‘NISHTHA’ is to motivate and equip teachers to encourage and foster critical thinking in students.
    • The initiative is first of its kind wherein standardized training modules are developed at national level for all States and UTs.
    • The States and UTs can also contextualize the training modules and use their own material and resource persons also, keeping in view the core topics and expected outcomes of NISHTHA.

    Progress till date

    • Around 23,000 Key Resource Persons and 17.5 lakh teachers and school heads have been covered under this NISHTHA face to face mode till date.
    • It has been customized for online mode to be conducted through DIKSHA and NISHTHA portals by the NCERT.

  • U.S.-Asia coordination to preserve global order

    The focus of this article is on the U.S. policy in the Indo-Pacific and its relations with its allies there in countering China.

    Instances of China’s aggression

    • Galwan Valley is not an exception in Beijing’s recent behaviour in Asia.
    • China has also engaged in a tense geopolitical confrontation with its other neighbours.
    • Stand-offs with Vietnam and Malaysia in the South China Sea and threatening Australia with boycotts are a few examples.

    Response to China

    • Beijing’s aggressiveness is fueling debates about the underlying costs of reliance on China.
    • China’s aggression is also increasing support for closer coordination between other Indo-Pacific partners.
    • Indian, Japan, Malaysia, and Australia have all taken concrete steps to reduce their economic exposure to Beijing.
    •  India and Australia recently inked a new military logistics agreement in the “virtual summit”.
    • A similar agreement between Delhi and Tokyo may follow.
    • The Quadrilateral Dialogue between Australia, India, Japan, and the United States is growing stronger and even expanding.
    • And recently Association of Southeast Asian Nations (ASEAN) issued one of their strongest statements to date on the South China Sea.
    • The ASEAN statement insisted that maritime disputes must be resolved in accordance with the UN Law of the Sea treaty.

    Asian multilateralism: Born out of crises

    • Recently the “Milk Tea Alliance”, reaction of people, born to forge solidarity between Taiwanese, Hong Kongers, and Southeast Asians online to deal with Chinese cyberbullying.
    • The Chiang Mai Initiative — a financial swap mechanism between China, Japan, South Korea, and Southeast Asia — emerged in the aftermath of the late 1990s financial crisis.
    • ASEAN, created in 1967, did not convene its first heads of state meeting until fall of Saigon in 1976 in the Vietnam War.

    Role of the U.S.

    • The COVID-19 crisis is remaking the geopolitics of the Indo-Pacific.
    • The ongoing crisis has made countries aware of seriousness of Chinese dominance.
    • This situation has given the U.S. opportunity it has long sought: 1) More credible multilateral coordination among allies, 2) Pushback against online disinformation. 3) The desire to better integrate like-minded economies and supply chains.
    • But the crisis is also raising renewed questions about the American leadership.
    • The question now facing the U.S. is whether or not it can harness this new regional momentum.

    Alienating allies

    • U.S. continues to make unforced errors that create distance with U.S. allies and partners.
    • For example, its focus on cutting support for the WHO and asserting that COVID-19 originated in a Wuhan lab alienated Canberra.
    • Similarly, the administration’s suspension of various worker visas will almost certainly have serious repercussions in India.

    What should be the U.S. approach to Asia?

    • The U.S. needs to make two major shifts.
    • First, U.S. policy needs to start supporting, rather than attempting to commandeer, regional efforts to build a less China-centric future for the Indo-Pacific.
    • While Chinese aggression provides powerful motivation for coordination, U.S. partners are seeking an agenda that is framed in broader terms than simply rallying to counter Beijing.
    • If the U.S. wants to reduce reliance on Beijing and “re-couple” investments and supply chains among allied nations, it is going to have to make compromises.
    • U.S. should work with Indo-Pacific partners on the issues that they prioritise and provided them with space for independent action.
    • Second, Washington should avoid repeating Beijing’s mistakes of bullying.
    • U.S. should offer a clear alternative in word and deed to China’s “Wolf Warrior” diplomacy.
    • Moves such as demanding that a G-7 communiqué refer to COVID-19 as the “Wuhan virus” and blocking mask shipments to close allies are the kind of counterproductive bullying.

    Options for Asian countries

    • Beijing’s recent aggression is not an aberration but part of a growing pattern.
    • As Beijing’s confidence in its growing material and military power solidifies, its neighbours will need to think carefully about the long-term decisions necessary to preserve an open regional order.
    • Facing the unprecedented health and economic crises spawned by COVID-19, the U.S. and Asian partners will need to coordinate more closely.
    • Asian countries should strengthen their own regional networks.
    • This Asian network will challenge the views of those in both Washington and Beijing who would see the region only as a sparring ground.

    Conclusion

    For American and Asian leaders, the choice is stark: encourage and foster this trend, recognising that stronger regional coordination will require more compromises as well as tougher choices, or resist it and risk being left behind.

  • India should believe in the EU

    India and the EU have many things in common. And there are many areas in which both can expand the cooperation. This article explores commonalities and the areas which offer the scope for enhancing the cooperation. 

    Common interests

    • Both aim to enhance strategic autonomy and their global standing.
    • Diversifying strategic value chains is also a common interest.
    • Both seek to address the issue of climate change on an urgent basis.

    Economic ties with the EU

    • The EU is India’s largest trading partner accounting for €80 billion worth of trade in goods in 2019.
    • This is equal to 11.1% of total Indian trade.
    • The EU is also the biggest foreign investor, with €67.7 billion worth of investments made in 2018.
    • Which is equal to 22% of total FDI inflows.

    Scope for improving the economic ties

    • The EU’s investments in China amounted to €175.3 billion (2018).
    • So, India could succeed in attracting EU investment that might be moving out of China.
    • To attract this outflowing investment, India must address the mutual trust deficit.
    • Enhanced business cooperation can help both the EU and India diversify their strategic value chains.
    • Increasing people’s mobility and connectivity is another area that can create opportunities for innovation and growth.

    Talks on FTA

    • Both sides need to move further on the Free Trade Agreement.
    • A new study from the European Parliament estimates the impact of an EU-India trade agreement between €8 billion and €8.5 billion.
    • The study also mentions additional potential gains from enhanced coordination on the provision of global public goods, such as environmental standards.

    Cooperation on climate change

    • Under the new industrial strategy, the Green Deal, the EU has set an ambitious target to be carbon-emission neutral by 2050.
    • If the EU and India succeed in transforming into carbon-neutral economies by 2050, we all would gain from the investment.

    Strategic partnership with EU

    • The Indo-Pacific region is becoming contentious, so India should capitalise on its geopolitical leverage there.
    • Cooperation with like-minded, democratic powers can support this effort, especially towards assertive competitors like China.
    • The EU as a whole offers more to India than the strongest bilateral relations with individual EU member state.
    • New Delhi must learn how to maximise benefits from this strategic partnership.
    • The disruption caused by COVID-19 has been the occasion for the EU to prove its worth.
    • “Next-generation EU proposal” submitted by the European Commission has economic as well as geopolitical implications.
    • The proposal shows that the ties that bind the EU extend well beyond treaties and individual members’ self-interest.
    • The EU champions the rules-based international order, so the EU and India must act to promote sustainable reform of multilateral institutions starting from the WTO.

    Consider the question “India-EU ties with many common interests assume significance as rule-based order is being challenged by the rise of exceptionalism. Comment.”

    Conclusion

    A strong partnership would help both the EU and India become global decision-makers and tackle the challenges caused by the disruption of global order collectively.