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GS Paper: GS2

  • [op-ed snap] What Brexit means for the EU and its partners

    Context

    On January 31, 2020, the United Kingdom left the European Union, the EU project will be taken forward by the 27 member states.

    A structured exit

    • Minimum disruption:  This is largely thanks to the Withdrawal Agreement that was negotiated with the U.K., which enabled “an orderly Brexit”.
      • One that, at least for now, minimises disruption for our citizens, businesses, public administrations, as well as for our international partners.
    • An arrangement of the transition period: Under this agreement, the EU and the U.K. agreed on a transition period, until the end of 2020 at least.
      • During which the U.K. will continue to participate in the EU’s Customs Union and in the Single Market, and to apply EU law, even if it is no longer a Member State.
      • During this period, the U.K. will also continue to abide by the international agreements of the EU, as we made clear in a note verbale to our international partners.

    Building a new partnership between the EU and the UK

    • Degree of continuity: With the transition period in place, there is a degree of continuity. This was not easy given the magnitude of the task.
      • By leaving the Union, the U.K. automatically, mechanically, legally, leaves hundreds of international agreements concluded by or on behalf of the Union.
    • Building new partnership: That work will start in a few weeks as soon as the EU 27 Member States have approved the negotiating mandate proposed by the European Commission, setting out our terms and ambitions for achieving the closest possible partnership with a country which will remain EU’s ally, partner and friend.
    • Links and shared values: The EU and the U.K. are bound by history, by geography, culture, shared values and principles and a strong belief in rules-based multilateralism. Our future partnership will reflect these links and shared beliefs.
    • Working on topics beyond trade: Both sides want to go well beyond trade and keep working together on security and defence, areas where the U.K. has experiences and assets that are best used as part of a common effort.
    • Cooperation on the wide topics: In a world of big challenges and change, of turmoil and transition, we must consult each other and cooperate, bilaterally and in key regional and global fora, such as the United Nations, the World Trade Organization, the North Atlantic Treaty Organization or the G20.
    • Collective responses to handle global challenges: Today’s global challenges- from climate change to cybercrime, terrorism or inequality — require collective responses.
      • The more the U.K. is able to work in lockstep with the EU and together with partners around the world, the greater would be chances of addressing these challenges effectively.

    Way forward

    • Continuing project forward as 27: At the very core of the EU project is the idea that it is stronger together; that pooling resources and initiatives is the best way of achieving common goals. Brexit does not change this, and efforts must be taken to continue this project forward as 27.
    • Note for the partners: EU’s partners can be sure that EU will stay true to an ambitious, outward-looking agenda-be it on trade and investment, on climate action and digital, on connectivity, on security and counter-terrorism, on human rights and democracy, or on defence and foreign policy.

     

  • Gram Nyayalayas

    The Supreme Court has directed the states, which are yet come out with notifications for establishing Gram Nyayalayas, to do so within four weeks.

    What are Gram Nyayalayas?

    • Gram Nyayalayas were established for speedy and easy access to the justice system in the rural areas across the country.
    • The Gram Nyayalayas Act came into force on October 2, 2009.
    • In terms of Section 3(1) of the Act, it is for the State Governments to establish Gram Nyayalayas in consultation with the respective High Courts.
    • The Act authorizes the Gram Nyayalaya to hold mobile court outside its headquarters.
    • However, the Act has not been enforced properly, with only 208 functional Gram Nyayalayas in the country ( Sept. 2019) against a target of 5000 such courts.
    • The major reasons behind the non-enforcement include financial constraints, reluctance of lawyers, police and other government officials.

    Features of the Gram Nyayalayas

    • Gram Nyayalaya are established generally at headquarter of every Panchayat at intermediate level or a group of contiguous panchayat in a district where there is no panchayat at intermediate level.
    • The Gram Nyayalayas are presided over by a Nyayadhikari, who will have the same power, enjoy same salary and benefits of a Judicial Magistrate of First Class.
    • Such Nyayadhikari are to be appointed by the State Government in consultation with the respective High Court.

    Jurisdiction

    • A Gram Nyayalaya have jurisdiction over an area specified by a notification by the State Government in consultation with the respective High Court.
    • The Court can function as a mobile court at any place within the jurisdiction of such Gram Nyayalaya, after giving wide publicity to that regards.
    • The Gram Nyayalayas have both civil and criminal jurisdiction over the offences and nature of suits specified in the First, Second and Third schedule of the Act.
    • The pecuniary jurisdiction of the Nyayalayas are fixed by the respective High Courts.
    • Appeals in criminal matter can be made to the Sessions Court in the respective jurisdiction and in civil matters to the District Court within a period of one month from the date of judgment.

    Trials

    • Gram Nyayalayas can follow special procedures in civil matters, in a manner it deem just and reasonable in the interest of justice.
    • Civil suits are proceeded on a day-to-day basis, with limited adjournments and are to be disposed of within a period of six months from the date of institution of the suit.
    • In execution of a decree, the Court can allow special procedures following rules of natural justice.
    • Gram Nyayalayas allow for conciliation of the dispute and settlement of the same in the first instance.
    • Gram Nyayalayas has been given power to accept certain evidences which would otherwise not be acceptable under Indian Evidence Act.

  • Global Go To Think-Tank Index

    Centre for Science and Environment (CSE) was placed No. 16 among 2019’s ‘top environment policy think tanks’ of the world in Global Go To Think Tank Index.

    Think-Tank Index

    • The Index is released by University of Pennsylvania each year since 2008.
    • It evaluates public-policy research analysis and engagement organisations that generate policy-oriented research, analysis, and advice on domestic and international issues.
    • It claims to enable policy makers and the public to make informed decisions on public policy.
    • The 2020 report raised some critical threats and opportunities that think tanks across the globe face.
    • It called upon such organisations to develop national, regional, and global partnerships and create new, innovative platforms to deliver for an ever-expanding audience of citizens, policy makers and businesses.

    India’s performance

    • CSE climbed up two notches in the 14th version of the report.
    • The organisation also moved up three places among ‘best independent think tanks’ to be at No.123 in the world and sixth among Indian think tanks.
    • Globally, it was ranked 41 of 60 organisations committed to energy and resource policy. It remained at No.58 among organisations working on science and technology policy in the world — fifth in India.

    CSE as forerunner

    • CSE was named the ‘national climate leader’ from India for 2019 in the first National Climate Leader Awards published in the Global Spotlight Report #22 by Climate Scorecard.
    • CSE also received the prestigious Indira Gandhi Prize for Peace, Disarmament and Development for 2018 in 2019 for ‘pioneering work on environment and sustainable development’.
    • CSE also featured in four other rankings in the report: ‘top water security think tanks’; ‘top energy and resource policy think tanks’; ‘top science and technology policy think tanks’ and ‘best independent think tanks’.
    • It also ranked 18 among 78 global think tanks for its work on ‘water security’ — second in India after Ashoka Trust for Research in Ecology and the Environment.

  • [pib] Sophisticated Analytical & Technical Help Institutes (SATHI) Scheme

    The Department of Science & Technology has launched a unique scheme called “Sophisticated Analytical & Technical Help Institutes(SATHI)”.

    SATHI 

    • SATHI aims to address the need for building shared, professionally managed and strong S&T infrastructure in the country which is readily accessible to academia, start-ups, manufacturing, industry and R&D labs etc.
    • These Centres are expected to house major analytical instruments to provide common services of high-end analytical testing, thus avoiding duplication and reduced dependency on foreign sources.
    • These would be operated with a transparent, open access policy.
    • DST has already set up three such centres in the country, one each at IIT Kharagpur, IIT Delhi and BHU.

    Objectives of the Scheme

    • SATHI will address the problems of accessibility, maintenance, redundancy and duplication of expensive equipment in the institutions.
    • This will also foster a strong culture of collaboration between institutions and across disciplines to take advantage of developments, innovations and expertise in diverse areas.

  • India abroad: On diplomats firefighting negative references to India

     

    Context

    The European Union Parliament’s discussion recently on India’s Citizenship (Amendment) Act or CAA, is a cause of concern.

    Reactions in the West over the act

    • In the U.K. and the U.S.:  Parliamentarians in the U.K. and U.S. Congressmen, including Democratic presidential contenders, have asked India to “reconsider” the law and to “engage” with the protesters.
    • Resolution in the EU parliament: The EU parliamentarians went a step further.
      • Six critical resolutions: The EU parliament put out six different and extremely critical resolutions.
      • One of the six articles spoke of the possible risk by the CAA and the proposed National Register of Citizens, of creating “the largest statelessness crisis in the world”.
      • A sixth less critical resolution, but which worried about the “brutal crackdown” on protesters, was dropped.
    • Diplomatic outreach by India
      • After India’s intense diplomatic outreach, the parliamentarians agreed to put off voting on the resolution until after External Affairs Minister and the PM visit Brussels.
      • The hope is that with the U.K. scheduled to leave the EU on January 31, interest in the anti-CAA resolutions will wane.
      • Finally, the government has held that the CAA is India’s internal law.

    India’s Reaction

    • The sovereign right of India: While the government is right about India’s sovereign right, it would be deluding itself if it thinks any of these explanations are passing muster with the EU parliamentarians.
      • Dilution of case against foreign interference: The government diluted its own case against foreign interference when it facilitated a visit by EU MEPs to Srinagar last year.
      • By engaging the EU MEPs to avoid a vote in the EU Parliament this week, and offering to explain the reasons behind CAA, the government is diluting it further.
    • Need to stop reference to Pakistan: New Delhi must also consider the impact of its repeated reference to Pakistan as the sole mover of any motion against it at world legislatures and fora.
      •  626 MEPs of the total 751 were members of the groups that originally drafted the six resolutions, and it seems unlikely that Islamabad could have achieved such a majority.

    Diplomatic toll

    • Cumulative toll: The government must reflect on the cumulative toll on its diplomatic heft following international alarm over the CAA, plans for an NRC and the dilution of Article 370.
    • Instead of pushing a positive agenda for India or handling global challenges, Indian diplomats seem to be overwhelmed keeping out any negative references to India at official fora.

    Conclusion

    India must take steps to address the concerns raised at the global level over the act and also prepare itself for the possible impact of such actions.

     

     

     

  • [op-ed snap] Optimal delivery or mere optics in Bodo peace deal?

    Context

    It is to be seen if the pact will lead to true autonomy, true peace, and true development.

    What the pact involved?

    • Which groups signed the deal?
      • Four factions of the National Democratic Front of Bodoland (NDFB), along with an influential Bodo students’ organization and a Bodo civilian pressure group, signed the peace agreement with the central and Assam governments.
    • What are the major concessions given?
      • The Bodoland Territorial Area Districts, the name given to Kokrajhar, Baksa, Chirang and Udalguri, the four contiguous districts bordering Bhutan and Arunachal Pradesh, will now be known as Bodoland Territorial Region.
      • Acknowledgement of Bodo homeland: The changed nuance from districts to the region is significant as it acknowledges a Bodo homeland within the state of Assam, without separating from Assam.
      • Why this acknowledgement matters: This is dialled down from earlier rebel demands for a breakaway state and later suggestions for Union territory status.
    • What is the significance of the change from district to the region?
      • Satisfying identity aspiration: The renaming is designed to satisfy the identity and aspirations of the Bodo people.
      • Not ceding territory solved tricky matter: Renaming also solved the politically tricky matter of ceding territory for the government of Assam.
      • Ceding territory would also have fuelled similar demands from the other parts of the state like- Karbi Anglong, Dima Hasao and Cachar, which also have homelands of non-Ahom ethnicities.
      • Avoiding similar demand from other states: Indeed, it could have affected the ongoing Naga peace process, leading Naga rebels to demand territorial and administrative autonomy in Naga homelands in Manipur.

    Scope of the success of the pact

    • Inherent vulnerability: There is already an inherent vulnerability to the Bodo peace deal even without the overhang of ceding territory.
      • This is rooted in the birth of the Bodo rebellion, which began in the 1980s on account of administrative and development apathy of the state of Assam.
    • Feeling of subsuming in Bodo: A feeling that Bodo, the people, the language, the identity, was subsumed by the Assamese and migrants.
    • The relation between NDFB and the Front: The Bodoland People’s Front, is in majority in the District council. Will the front be comfortable with newly peaceable colleagues of NDFB?

    Conclusion

    The Government of Assam needs to ensure that the pact signed changes the situation on the ground and leads to a development on the ground. The state also needs to allay the fears in the Bengali-speaking minority. Moreover, true autonomy, true peace, and true development are always worth more than the paper on which they are promised.

  • President’s Address

     

    Today, with the first day of the Budget Session of Parliament, Hon’ble President will address a joint sitting of the two Houses.

    President’s or Governor’s Address

    • Commonly referred to as the President’s or Governor’s Address, they are a constitutional requirement.
    • The Constitution gives the President and the Governor the power to address a sitting of the legislature. The special power is with regard to two occasions.
    • The first is to address the opening session of a new legislature after a general election. The second is to address the first sitting of the legislature each year.
    • A session of a new or a continuing legislature cannot begin without fulfilling this requirement.
    • When the Constitution came into force, the President was required to address each session of Parliament.
    • So during the provisional Parliament in 1950, the President gave an address for all three sessions. At the suggestion of Speaker G V Mavalankar, the first Constitutional Amendment in 1951 changed this position.
    • Besides being a constitutional requirement, the President’s or Governor’s Address is keenly watched as it outlines the government’s policy agenda and stand on issues.

    What procedures follow the address?

    • After the President or Governor delivers the address, a debate takes place not only on the contents of the address but also the broad issues of governance in the country.
    • This then paves the way for discussion on the Budget.

    Significance of the address

    • The President’s Address in India is mirrored on the British system.
    • During the framing of the Constitution, B R Ambedkar drew a similarity between the President and the monarch under the English system.
    • He said the President “is the Head of State but not of the executive. He represents the nation but does not rule the nation.
    • He is the symbol of the nation. His place in the administration is that of a ceremonial device of a seal by which the nation’s decisions are made known”.
    • The Constitution binds the President and the Governor to act on the aid and advice of the Council of Ministers of the Union and state governments respectively, on a majority of issues.
    • Therefore, the speech that the President or the Governor reads before the legislature is the viewpoint of the government and is prepared by it.

    Are there parallels in other countries?

    • Similar provisions exist in other democracies. In the United States, it is referred to as the “State of the Union”.
    • The phrase comes from an article in the US Constitution which specifies that the President from time to time give to Congress information of the State of the Union and recommend measures as he shall judge necessary and expedient.
    • In the United Kingdom, it is referred to as the Queen’s Speech and is part of the ceremony to mark the formal start of the parliamentary year.

    What is the content of the President’s or Governor’s address?

    • During the making of the Constitution, an unsuccessful attempt was made to bring some specificity to the content of the President’s Address.
    • The President’s speech follows the convention of the British system, where it contains legislative and policy proposals that the government intends to initiate.
    • The speech also recaps the government’s accomplishment in the previous years. The contents of the speech are put together by aggregating inputs from various ministries of the government.

    Is the text of the speech binding?

    • The President or a Governor cannot refuse to perform the constitutional duty of delivering an address to the legislature.
    • But there can be situations when they deviate from the text of the speech prepared by the government.
    • So far, there have been no instances of President doing so. But there has been an occasion when a Governor skipped a portion of the address to the Assembly.
    • In 1969, the Governor of West Bengal skipped two paragraphs of the address prepared by the United Front government.
    • The skipped portion described as unconstitutional the dismissal of the first United Front government by the Congress-ruled central government. The issue was then debated in Parliament.
    • The Opposition was critical of the Governor’s conduct and moved a motion disapproving it. But the motion was ultimately defeated.

    How have members responded to the addresses over the years?

    • The conduct of MLAs during the address has sometimes been an issue.
    • The Governor’s speech in state legislatures has routinely been interrupted.
    • In Parliament, the first instance of interruption of a President’s speech happened in 1963; President Sarvepalli Radhakrishnan was speaking when some MPs interrupted him.
    • The Lok Sabha took note of the incident and a reprimand was issued to the MPs.
    • Over the years, political parties have resolved to treat the President’s Address sacrosanct and agreed not to interrupt it.

  • Public Health Emergency of International Concern (PHEIC)

     

    The World Health Organization (WHO) has declared the novel Coronavirus infection a Public Health Emergency of International Concern (PHEIC). In the past decade, WHO has declared public health emergencies for outbreaks including swine flu, polio and Ebola.

    What is PHEIC?

    Definition: Under the International Health Regulations (IHR), a public health emergency is defined as “an extraordinary event which is determined, as provided in these Regulations: to constitute a public health risk to other States through the international spread of disease; and to potentially require a coordinated international response”.

    What criteria does the WHO follow to declare PHEIC?

    • PHEIC is declared in the event of some “serious public health events” that may endanger international public health.
    • The responsibility of declaring an event as an emergency lies with the Director-General of the WHO and requires the convening of a committee of members.

    Implications of a PHEIC being declared

    • There are some implications of declaring a PHEIC for the host country, which in the case of the coronavirus is China.
    • Declaring a PHEIC may lead to restrictions on travel and trade.
    • However, several countries have already issued advisories to their citizens to avoid travelling to China, while others are airlifting their citizens from it.

  • [op-ed of the day] Time to prioritise education and health

    Context

    The policy currently being pursued is intended primarily to incentivise potential investors while social objectives and help in indigenisation are being jettisoned.

    Call for more liberalisation and its possible impacts

    • What reforms are asked for?
      • Reforms such as labour market liberalisation and removal of constraints on the acquisition of land for industrial purposes are demanded.
    • What could be their possible impacts?
      • The negative impact such reform measures are likely to have on the incomes, living conditions and the economic security of the workers and the agricultural class.
      • Counterproductive labour policy: The policy of freedom of hiring and firing of labour will be counterproductive as it would squeeze demand further in a situation of huge demand deficit.

    Social sector and demand

    • Neglect of human infrastructure: While talks of economic revival focus on infrastructure there is little talk of investment in human infrastructure, particularly in education and 
      • Conditional expenditure: On the contrary, the expenditure in social sectors is made conditional upon a higher rate of growth. 
      • The flawed premise of long term impact: Most mainstream economists believe that public expenditure in social sectors can only have a long- term impact on growth. Which is not entirely correct.
    • The benefit of investment in human infrastructure:
      • Increases demand in short-run: Investment in social sectors results in creating demand in the short run by way of opening avenues for large-scale employment.
      • Competitiveness and sustainability: It imparts competitiveness and sustainability to the Indian economy in the medium and long run.
    • Example of RTE, teacher employment and demand creation
      • The recruitment of 5.7 million additional teachers over a period of, say, five years, can create huge scale demand.
      • And, this is only one factor essential for universalising quality school education.
      • There is also a large gap between the requirement of infrastructure in the schools and that available and built recently.
      • The gap between requirement and availability: According to government data, only 12.5% of the schools covered by the RTE Act were compliant with RTE norms.
      • Meeting these norms has the potential of creating employment on a large scale.
    • Importance of health and education
      • Education has a crucial role to play for an individual in gaining employment and retaining employability.

    Conclusion

    The gestation period of projects in social sectors is not as long as it is made out to be. It is, therefore, time for reprioritising education and health in the scheme of development strategy and the allocation of budgetary resources.

     

  • Explained: West Asia Peace Plan

    With West Asia Peace plan US plans to revive the stalled two-state talks between the Israelis and the Palestinians. Israeli PM Benjamin Netanyahu, who had earlier spoken against the two-state solution, has accepted the Trump plan.

    West Asia Peace Plan

    The West Asia peace plan unveiled by U.S. President Trump seeks to give the Israelis what they have long wanted — an expansive state with Jerusalem as its “undivided capital” and tight security control over a future Palestinian state.

    What’s the plan about?

    • The Trump plan seeks to address most of the contentious issues in the conflict such as the border of Israel, status of Palestinian refugees, Jewish settlements on the West Bank, land swap between Israel and Palestine, Israel’s security concerns and the status of the city of Jerusalem.
    • However US have proposed to almost all of these issues favour the Israeli positions.
    • For example, Israel would be allowed to annex the Jewish settlements on the West Bank as well as the Jordan Valley.
    • The Palestinian refugees, who were forced out from their homes during the 1948 Arab-Israeli war that followed the declaration of the state of Israel in the historic Palestine, would not be allowed to return.
    • They could move to the future Palestinian state, be integrated into the host countries or settled in other regional countries.

    Jerusalem: The undivided Capital

    • Jerusalem, perhaps the most contentious issue, would be “the undivided capital” of Israel, with Palestine gaining its capital in the east of the city — beyond the security border Israel has already built.
    • In return, Israel would freeze further settlement activities on the West Bank for four years — the time for negotiations.

    Land Swap

    • According to the Oslo Accords, the West Bank was divided into three areas and only one of them is under the direct control of the Palestinian Authority.
    • The plan proposes some land swap for the Israeli annexation of the West Bank Jewish settlements.
    • It seeks to enlarge Gaza and connect the strip with the West Bank through a tunnel.
    • The Arab towns in the southeast of Israel, which are close to Gaza, could become part of a future Palestinian state.

    Curb on Hamas

    • During this period, the Palestinian Authority should dismiss its current complaints at the International Criminal Court against Israel and refrain itself from taking further actions.
    • It should also crack down on “terrorist” groups such as Hamas and the Islamic Jihad.

    Investment Plans

    • US has also proposed $50 billion in investment over 10 years should Palestine accept the proposals.
    • In the final settlement, Palestine would get control over more land than what it currently controls.

    Implications for Palestine

    • The Palestine position is backed by most of the world powers is the formation of an independent, sovereign Palestinian state based on the 1967 border.
    • It means the whole of the West Bank and the Gaza Strip with East Jerusalem as its capital including the Old City that houses Haram esh-Sharif, also known as Temple Mount, a holy site for both Muslims and Jews.
    • Issues like the right of return of the Palestinian refugees are to be settled in final negotiations.
    • But US has effectively rejected the Palestinian claims outright and asked them to make more compromises.
    • He seeks to give Jerusalem and about 30% of the West Bank to the Israelis and has denied the right of return of the Palestinian refugees.
    • And for this, the Palestinians should take action against militant groups, stop supporting Palestinian families of those jailed or killed by Israel and refrain itself from questioning the occupation in international fora.