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GS Paper: GS2

  • Enemy Property in India

    • A Group of Ministers (GoM) headed by Union Home Minister will monitor the disposal of over 9,400 enemy properties, which the government estimates is worth about Rs 1 lakh crore.
    • Two committees headed by senior officials will be set up for the disposal of immovable enemy properties vested in the Custodian of Enemy Property for India under The Enemy Property Act.

    What is “Enemy Property”?

    • In the wake of the India-Pakistan wars of 1965 and 1971, there was migration of people from India to Pakistan.
    • Under the Defence of India Rules framed under The Defence of India Act, 1962, the Government of India took over the properties and companies of those who took Pakistani nationality.
    • These “enemy properties” were vested by the central government in the Custodian of Enemy Property for India.
    • The same was done for property left behind by those who went to China after the 1962 Sino-Indian war.
    • The Tashkent Declaration of January 10, 1966 included a clause that said India and Pakistan would discuss the return of the property and assets taken over by either side in connection with the conflict.
    • However, the Government of Pakistan disposed of all such properties in their country in the year 1971 itself.

    How did India deal with enemy property?

    • The Enemy Property Act, enacted in 1968, provided for the continuous vesting of enemy property in the Custodian of Enemy Property for India.
    • The central government, through the Custodian, is in possession of enemy properties spread across many states in the country.
    • Some movable properties too, are categorised as enemy properties.
    • In 2017, Parliament passed The Enemy Property (Amendment and Validation) Bill, 2016, which amended The Enemy Property Act, 1968, and The Public Premises (Eviction of Unauthorised Occupants) Act, 1971.

    Who is an Enemy?

    • The amended Act expanded the definition of the term “enemy subject”, and “enemy firm” to include the legal heir and successor of an enemy, whether a citizen of India or a citizen of a country which is not an enemy; and the succeeding firm of an enemy firm, irrespective of the nationality of its members or partners.
    • The amended law provided that enemy property shall continue to vest in the Custodian even if the enemy or enemy subject or enemy firm ceases to be an enemy due to death, extinction, winding up of business or change of nationality, or that the legal heir or successor is a citizen of India or a citizen of a country which is not an enemy.
    • The Custodian, with prior approval of the central government, may dispose of enemy properties vested in him in accordance with the provisions of the Act, and the government may issue directions to the Custodian for this purpose.

    Why were these amendments brought?

    • The thrust of the amendments was to guard against claims of succession or transfer of properties left by people who migrated to Pakistan and China after the wars.
    • The amendments denied legal heirs any right over enemy property. The main aim was to negate the effect of a court judgment in this regard.

    What did these court orders say?

    • One major judgment was passed in the case of the estate of the erstwhile Raja of Mahmudabad, who owned several large properties in Hazratganj, Sitapur and Nainital.
    • Following Partition, the Raja left for Iraq and stayed there for some years before settling in London.
    • After The Enemy Property Act was enacted in the year 1968, the Raja’s estate was declared enemy property. When the Raja died, his son who stayed in India staked claim to the properties.
    • After a legal battle that lasted over 30 years, an apex court Bench on October 21, 2005, ruled in favour of the son.
    • The verdict opened the floodgates for further pleas in courts across the country in which genuine or purported relatives of persons who had migrated to Pakistan produced deeds of gift claiming they were the rightful owners of enemy properties.
    • On July 2, 2010, the then UPA government promulgated an Ordinance that restrained courts from ordering the government to divest enemy properties from the Custodian.
    • The 2005 SC order was thus rendered ineffective, and the Custodian again took over the Raja’s properties.

    Enactment of the Amended Law

    • A Bill was introduced in Lok Sabha on July 22, 2010, and subsequently, a revised Bill was tabled on November 15, 2010. This Bill was thereafter referred to the Standing Committee.
    • However, the said Bill could not be passed during the term of the 15th Lok Sabha, and it lapsed.
    • On January 7, 2016, the President of India promulgated The Enemy Property (Amendment and Validation) Ordinance, 2016, which was replaced by the Bill that became law in 2017.

  • [pib] National Data and Analytics Platform (NDAP)

     

    NITI Aayog has released its vision for the National Data and Analytics Platform (NDAP).

    National Data and Analytics Platform

    • The platform aims to democratize access to publicly available government data.
    • NDAP will host the latest datasets from various government websites, present them coherently, and provide tools for analytics and visualization.
    • It will spearhead the standardization of formats in which data is presented across sectors and will cater to a wide audience of policymakers, researchers, innovators, data scientists, journalists and citizens.
    • It will follow a user-centric approach and will enable data access in a simple and intuitive portal tailored to the needs of a variety of stakeholders.
    • The development of NDAP will take place over a period of one year. The first version of the platform is expected to be launched in 2021.

  • Democracy Index 2019

     

    The latest edition of the Democracy Index spells gloom for India. The world’s biggest democracy slipped 10 places in the 2019 global ranking to 51st place.

    Democracy Index

    • The report is published by The Economist Intelligence Unit — the research and analysis division of The Economist Group, which is the sister company to The Economist newspaper.
    • It records how global democracy fared, analysing 165 independent states and two territories.
    • The 2019 survey attributes the primary cause of “the democratic regression” to “an erosion of civil liberties in the country”.

    India’s performance

    • India’s overall score fell from 7.23 to 6.9, on a scale of 0-10, within a year (2018-2019) — the country’s lowest since 2006.
    • India was graded in electoral process and pluralism (8.67), government functioning (6.79), political participation (6.67), political culture (5.63) and civil liberties (6.76).
    • In the Asia and Australasia region, India ranks eighth, behind Taiwan and Timor-Leste.
    • The report talks about the repeal of both Article 370 and Article 35A and various restrictions such as house arrests, internet shutdowns and excessive use of forces.

    India: A flawed democracy?

    The Index also categorizes India under “flawed democracies”, i.e. countries that hold free and fair elections and where basic civil liberties are respected, but have significant weaknesses in aspects of democracy, such as problems in governance, an underdeveloped political culture and low levels of political participation.

  • Blue Corner Notice

    Interpol has issued a Blue Corner notice to help locate an infamous fugitive self-styled godman weeks after the Gujarat Police sought the agency’s intervention for this.

     ‘Blue Corner’ notice

    • According to the Interpol website, “Notices are international requests for cooperation or alerts allowing police in member countries to share critical crime-related information.”
    • There are seven types of notices — Red Notice, Yellow Notice, Blue Notice, Black Notice, Green Notice, Orange Notice, and Purple Notice.
    • The Blue Notice is issued to “collect additional information about a person’s identity, location or activities in relation to a crime.”

    Blue notices a/c to CBI

    • The Central Bureau of Investigation (CBI) website refers to Blue Notices as ‘B Series (Blue) Notices’.
    • It says, “The ‘B’ series notices are also called ‘enquiry notices’ and may be issued in order to have someone’s identity verified; to obtain particulars of a person’s criminal record; to locate someone who is missing or is an identified or unidentified international criminal or is wanted for a violation of ordinary criminal law and whose extradition may be requested.”

  • [pib] SERVICE Initiative

    The Steel Authority of India Ltd has launched an initiative called SERVICE to promote Voluntary Philanthropist Activities (VPA) by its employees.

    About SERVICE

    • SERVICE stands for “SAIL Employee Rendering Voluntarism and Initiatives for Community Engagement (SERVICE)”.
    • It aims to promote and facilitate philanthropist activities by the employees in a structured manner.
    • The Minister also launched a portal for the employees to register for the scheme.
    • This dedicated portal will act as a platform for enabling faster interaction and communication amongst the various stakeholders.

  • [op-ed snap] Same country, different script

    Context

    Pakistan is changing significantly, which is good for itself and its neighbour as well.

    Changing Pakistan

    • Major stakeholders in favour of peace: The civil society, the political parties, and even the military establishment of Pakistan have come to favour peaceful and cooperative relations with India.
    • Both the power-centre on the same page: Both Islamabad and Rawalpindi, Pakistan’s two centres of power, are now on the same page in seeking “honourable peace” with New Delhi on the basis of “sovereign equality”.
      • Heavy price paid by Pakistan: There is a broad consensus in Pakistani society and polity that their country has paid a very heavy price by supporting the forces of Islamist extremism and terrorism.
      • The futility of using terrorism as foreign policy: There is also consensus that using terrorism for achieving mistaken foreign policy ends in Afghanistan and India.

    Conducive conditions for dialogues

    • Four factors have influenced the welcome winds of change in Pakistan.
    • First-Realisation that Pakistan has suffered a lot:
      • Harm at home and to the global image: There is the across-the-board realisation that Pakistan has suffered a lot, both domestically and in terms of damage to its global image, by supporting religious extremism and terrorism.
      • A large number of casualties: Terrorists have killed a shockingly large number of civilians -certainly far many more than in India. Several thousand soldiers have lost their lives in the army’s “war on terror”-more than the number of casualties in all the wars with India.
      • The threat of FATF blacklisting: Furthermore, Islamabad is under relentless pressure from the Financial Action Task Force (FATF) to act decisively and irreversibly against terrorist organisations.
    • Second-Decrease in religious radicalisation in Pakistan
      • The decrease in the financial support to radicalism: What has contributed to the diminished importance of religious radicalism is also the shrinking inflow of petrodollars from Saudi Arabia and Gulf countries that promoted this agenda.
      • The ideological influence of religious radicalisation on Pakistan’s civil society is clearly declining.
      • Change in Saudi Government Policy: Export of Wahhabism is no longer a foreign policy priority of the Saudi Arabian government.
      • Changing policies in UAE: The United Arab Emirates has gone a step further, under the leadership of Abu Dhabi’s Crown Prince Mohammed bin Zayed Al Nahyan, it is pursuing inter-religious tolerance with a zeal that has surprised Muslims and non-Muslims alike.
    • Third-Interest of China
      • Rise of China as an economic and security partner: The third factor is China, which has emerged as Pakistan’s most important economic and security partner.
      • The China-Pakistan Economic Corridor (CPEC) and BRI: The flagship projects under Beijing’s BRI has begun to modernise Pakistan’s infrastructure spectacularly, but its security is which could be threatened by terrorism is also the concern for China.
      • Connection with China’s Xinjiang Province: China has urged Pakistan’s ruling establishment to take firm steps to curb the activities of Islamist groups because they can easily foment trouble in China’s Muslim-majority Xinjiang province.
      • India-China relation factor: Beijing is also engaged in a steady effort to improve relations with New Delhi, in recognition of India’s rising economic and geopolitical stature in Asia and globally.
      • Possibility of India-China-Pakistan cooperation: China’s President Xi Jinping even mooted cooperation among China, India and Pakistan at Mamallapuram summit.
    • Fourth-Military establishment in favour of peace.
      • The military establishment seems to be fully convinced of the need for normalisation of India-Pakistan
      • Opening of Kartarpur Sahib Corridor: The opening of the Kartarpur Sahib Corridor, perhaps the greatest confidence-building measure between the two countries since 1947, is almost entirely due to Gen. Bajwa’s personal commitment to the project.
      • The economic crisis in Pakistan: Bajwa’s is also said to be convinced of the need to open the doors for economic and trade cooperation between the two countries given a serious economic crisis Pakistan is going through.
      • Discussion on the Kashmir issue: The Pakistan Army may also be ready to discuss a solution to the Kashmir issue on the basis of a formula Gen. Pervez Musharraf had discussed with PMs Atal Bihari Vajpayee and Dr Manmohan Singh.

    Conclusion

    India needs to seize the opportunity to resume the talks with Pakistan on all the contentious issues and try to resolve the disputes so that the improved relations could help both the countries and the neighbouring countries.

  • Three capitals for Andhra Pradesh — its logic and the questions it raises

     

    The Andhra Pradesh Assembly passed The Andhra Pradesh Decentralisation and Equal Development of All Regions Bill, 2020, paving the way for three capitals for the state.

    Three capitals concept in Andhra Pradesh

    • Three cities serve as capitals of the country– Pretoria (executive), Cape Town (legislative), and Bloemfontein (judicial).
    • This arrangement was a result of the Second Boer War (1899-1902) in which Britain annexed the two Afrikaner speaking states -– the Orange Free State and the South African Republic (also called Transvaal Republic).
    • Cape of Good Hope then remained in the British Empire, becoming self-governing in 1872, and uniting with three other colonies to form the Union of South Africa in 1910.

    What are the other examples of multiple capital cities?

    • Several countries in the world have implemented the concept.
    • In Sri Lanka, Sri Jayawardenepura Kotte is the official capital and seat of national legislature, while Colombo is the de facto seat of national executive and judicial bodies.
    • Malaysia has its official and royal capital and seat of national legislature at Kuala Lumpur, and Putrajaya is the administrative centre and seat of national judiciary.
    • Among Indian states, Maharashtra has two capitals– Mumbai and Nagpur (which holds the winter session of the state assembly).
    • Himachal Pradesh has capitals at Shimla and Dharamshala (winter).
    • The former state of Jammu & Kashmir had Srinagar and Jammu (winter) as capitals.

    Reasons behind such considerations

    • According to the government, decentralisation was the central theme in recommendations of all major committees that were set up to suggest a suitable location for the capital of Andhra Pradesh.
    • It had been agreed in the November 16, 1937 Sri Bagh Pact (between leaders of coastal Andhra and Rayalaseema) that two university centres should be established in Waltair (Visakhapatnam) and Anantapur in Rayalaseema, and that the High Court and Metropolis should be in the coastal districts and Rayalaseema respectively.
    • In December 2010, the Justice B N Srikrishna Committee, set up to look into the demand for a Telangana state, said Rayalaseema and North Coastal Andhra were economically the most backward, and the “concentration of development efforts in Hyderabad is the key reason for demand of separate states”.
    • In August 2014, the K Sivaramakrishnan Committee appointed to identify locations for the new capital of AP said the state should see decentralised development, and that one mega capital city was not desirable.

    Major practical problems

    • The government argues that the Assembly meets only after gaps of several months, and government Ministers, officers, and staff can simply go to Amaravati when required.
    • However, coordinating between seats of legislature and executive in separate cities will be easier said than done, and with the government offering no specifics of a plan, officers and common people alike fear a logistics nightmare.
    • The distances in Andhra Pradesh are not inconsiderable. Executive capital Visakhapatnam is 700 km from judicial capital Kurnool, and 400 km from legislative capital Amaravati.
    • The Amaravati-Kurnool distance is 370 km. The time and costs of travel will be significant.
    • The AP Police are headquartered in Mangalagiri, 14 km from Vijayawada, and senior IPS officers who may be required to visit the Secretariat will have to travel 400 km to Visakhapatnam.
    • Likewise, government officers who may have to appear in the High Court will have to travel 700 km to Kurnool, which does not have an airport.
    • All officers and Ministerial staff who may have to be at hand to brief Ministers when the Assembly is in session, will probably have to stay put in Amaravati, leaving behind their other responsibilities in Visakhapatnam.

  • [op-ed snap] Acting in concert

    Context

    The EU-India Strategic Partnership has come a long way in recent years. The relationship is based on long-standing shared values and interests. There are numerous opportunities to unleash the full potential of EU-India cooperation.

    India-EU Cooperation on Climate Change

    • The EU has committed to becoming carbon neutral by 2050.
    • But EU member states together only account for 9 per cent of global emissions.
    • Need to engage with the rest of the world:  EU-India cannot solve this problem unless they engage with the rest of the world to address it.
      • India’s commitment, as one of the biggest democracies in the world, is a key part of the solution.
      • The mixed outcome of the COP25 Climate Conference shows how much more remains to be done.
      • Clean Energy and Climate Partnership (CECP): In 2016 Prime Minister Narendra Modi and European leaders agreed on an EU-India Clean Energy and Climate Partnership (CECP).
      • EU and International Solar Alliance: In 2018, the EU joined efforts with the International Solar Alliance, headquartered in India.

    Cooperation in trade

    • Both are the members of WTO: India and EU both agree on the vital role of the World Trade Organisation (WTO) and the need to overcome the crisis of the dispute settlement system.
      • Ministerial dialogue: The launch of a regular ministerial dialogue on economic, trade and investment issues could give additional impetus to the relations.

    Cooperation on security

    • Indian Navy vessels are now escorting World Food Programme ships in the framework of the EU Atlanta operation against piracy off the coast of Somalia.
    • Cooperation on anti-terrorism: Counter-terrorism experts from Europe and India exchange experiences and best practices.
      • As a result, an enhanced working relationship between our police officers is taking shape.

    Digital economy and cyber

    • Need to deepen cooperation: EU and India should deepen cooperation to protect fundamental freedoms in cyberspace and the free flow of data – and counter the drift towards high-tech “de-coupling”.
    • India-EU does not want a split in cyberspace, forcing both to “choose sides” between competing systems and standards.
    • India and EU both believe in fair competition, based on global standards, for 5G, AI, big data and the internet of things.

    Conclusion

    There is much that the EU and India have accomplished in recent years. But there is even more to be done to further strengthen our dynamic dialogue and cooperation in all areas of mutual interest and as players on the world stage.

     

     

  • UAE declared ‘Reciprocating Territory’ by India

    Recently, the Ministry of Law and Justice issued an Extraordinary Gazette Notification, declaring the UAE to be a “reciprocating territory” under Section 44A of the Civil Procedure Code, 1908. The notification also declared a list of courts in the UAE to be “superior Courts” under the same section.

    What is a ‘Reciprocating Territory’ ?

    • Essentially, orders passed by certain designated courts from a ‘reciprocating territory’ can be implemented in India, by filing a copy of the decree concerned in a District Court here.
    • The courts so designated are called ‘superior Courts’.

    What does Section 44 of the CPC say?

    Section 44A, titled “Execution of decrees passed by Courts in reciprocating territory”, provides the law on the subject of execution of decrees of Courts in India by foreign Courts and vice versa.

    Under Explanation 1 of S. 44A:

    • “Reciprocating territory” means any country or territory outside India which the Central Government may, by notification in the Official Gazette, declare to be a reciprocating territory for the purposes of this section; and “superior Courts”, with reference to any such territory, means such Courts as may be specified in the said notification.”
    • 44A (1) provides that a decree passed by “a superior Court” in any “reciprocating territory” can be executed in India by filing a certified copy of the decree in a District Court, which will treat the decree as if it has been passed by itself.
    • According to Explanation-2, the scope of the Section is restricted to decrees for payment of money, not being sums payable “in respect of taxes or other charges of a like nature or in respect of a fine or other penalty”.
    • It also cannot be based on an arbitration award, even if such an award is enforceable as a decree or judgment.

    Other countries with such status

    • Apart from Dubai, the other countries declared to be “reciprocating territories” are: United Kingdom, Singapore, Bangladesh, Malaysia, Trinidad & Tobago, New Zealand, the Cook Islands (including Niue) and the Trust Territories of Western Samoa, Hong Kong, Papua New Guinea, Fiji, Aden.

    Why such move?

    • The notification was the only remaining part of a 1999 agreement between the UAE and India related to cooperation in civil and commercial matters.
    • The decision is believed to help bring down the time required for executing decrees between the two countries.
    • With this, Indian expatriates in the UAE would no longer be able to seek safe haven in their home country if they are convicted in a civil case in the UAE.

  • [pib] UNCITRAL

     

    An International Arbitration Tribunal has dismissed all claims brought against  India in entirety. The arbitration arose out of the cancellation of Letters of Intent for the issuance of telecom licences to provide 2G services in five telecommunications circles by reason of India’s essential security interests.

    UNCITRAL

    • The UN Commission on International Trade Law (UNCITRAL) is a subsidiary body of the U.N. General Assembly responsible for helping to facilitate international trade and investment.
    • Established by the UNGA in 1966, UNCITRAL’s official mandate is “to promote the progressive harmonization and unification of international trade law” through conventions, model laws, and other instruments that address key areas of commerce, from dispute resolution to the procurement and sale of goods.
    • UNCITRAL carries out its work at annual sessions held alternately in New York City and Vienna, where it is headquartered.
    • The Tribunal constituted in accordance with the UNCITRAL Arbitration Rules 1976 is seated at the Hague, Netherlands, and proceedings are administered by the Permanent Court of Arbitration.