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  • 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.
  • [op-ed of the day] Equity’s weak pulse and commodified medicine

    Context

    As the government tries to overhaul the public health system in India, its time to take into account the advent and the role played by the private sector and its implications.

    The advent of the private sector

    • Increase in the role of the private sector in the post-Independence era: Post-Independence, the private sector increased its footprint in India.
      • Perpetual sub-optimal investments in public health allowed the private sector to capitalise, flourish, and increasingly gain the confidence of the masses.
      • The private sector went from having about 1,400 enterprises in 1950 to more than 10 lakh in 2010-11.
      • To doctors, this promised greater professional liberty, lesser restrictions, and higher incomes.
      • After liberalisation, the greater focus shifted to the lucrative tertiary-care sector and led to an onslaught of sophisticated private health care in cities.

    The dominance of the private sector and malpractices

    • The scale of dominance: Private sector has over 70% of the health-care workforce and 80% of allopathic doctors, has meant that it is scarcely possible for a health-care provider to function in defiance of its norms.
      • Pervasive malpractices: The pervasiveness of malpractices in this market has come to ensure that few could survive without condoning them.
      • Nexus of the private players: Players in this market, in much of their malpractices, have also learnt to function as a harmonious family.
      • Organised form to safeguard interest: The family plays its role in safeguarding its members, acquainting them with its norms and interests, and leveraging the power of its patriarchs to defend its interests in society.
      • Standards of success dictated by the markets: It is little wonder that the market has also come to dictate the avenues of aggrandisement and yardsticks of professional success for health-care professionals.
      • Benchmark of quality changed: Business finesse and social adroitness rather than clinical excellence and empathy become the touchstones of calibre in this market.

    Failure of the government

    • Absence of national system: The larger chunk of Indian health care (and health workforce) could not be brought under a “national system” having some form of overarching state control or involvement.
      • If such a system existed it could avail of essential health care without most people having to rely on a vagarious market, except as a luxury.
      • Example of the UK’s NHS: The National Health Service of the United Kingdom, remains the single largest health-care provider.
      • NHS employs nearly the entire health-care workforce.
      • NHS makes essential health care available to all practically free at the point of service.
    • Consequences of the absence of such system: The absence ensures is that the profit-driven private sector, the minor component, caters mainly to the affluent lot as largely a matter of deliberate choice rather than desperate compulsion.
      • Hopes of benefits of free-market belied: The Indian example, much like the United States’, bespeaks the failure of the idea that a free market will compel players to be more efficient.
      • The exploitation of the loops by the private players: Rather than increasing efficiency, the players have found it expedient to scrupulously exploit the prevailing cracks in the system and employ devious methods in order to maximise profits.

    Conclusion

    • Health-care providers, just like others, are moulded by their social surroundings. When necessary controls are loosened, the connatural vices are let loose; when the habitat is conducive to values, the right traits develop.
    • A system that starts off with health care as an overt tradable commodity it threatens the development of virtues in the system.
    • On the other hand, a system founded on the concept of equity cultivates a totally different culture of patient care.

     

     

  • India-Pakistan Trade

    Tensions between India and Pakistan in 2019 have reduced the already low volumes of trade between the two countries to near zero.

    India-Pakistan trade, in the beginning

    • In 1948-49, about 56% of Pakistan’s exports were to India, and 32% of its imports came from India.
    • From 1948-65, India and Pakistan used a number of land routes for bilateral trade; there were eight customs stations in Pakistan’s Punjab province and three customs checkpoints in Sindh.
    • India remained Pakistan’s largest trading partner until 1955-56. Between 1947 and 1965, the countries signed 14 bilateral agreements on trade, covering avoidance of double taxation, air services, and banking, etc.
    • In 1965, nine branches of six Indian banks were operating in Pakistan.

    Close to vanishing

    • Following the terrorist attack on the CRPF convoy in Pulwama in February, India withdrew Most Favoured Nation (MFN) status for Pakistan and raised customs duty on Pakistani imports to 200% .
    • In April, India suspended cross-LoC trade to stop the misuse of this route by Pakistan-based elements.
    • Pakistan on its part closed its airspace to India for a prolonged period.
    • The decisions by both countries, while targeted at hurting the neighbour, have severely impacted the livelihoods of individuals and families involved in cross-border trading activities.
  • Pulse Polio Programme

    The beginning of this year’s Pulse Polio Programme was inaugurated from the Rashtrapati Bhavan itself.  To prevent the virus from coming to India, the government has since March 2014 made the Oral Polio Vaccination (OPV) mandatory for those travelling between India and polio-affected countries.

    The Pulse Polio Programme

    • India launched the Pulse Polio immunisation programme in 1995, after a resolution for a global initiative of polio eradication was adopted by the World Health Assembly (WHA) in 1988.
    • Children in the age group of 0-5 years are administered polio drops during national and sub-national immunisation rounds (in high-risk areas) every year.

    India is polio-free

    • According to the Ministry of Health, the last polio case in the country was reported from Howrah district of West Bengal in January 2011.
    • The WHO on February 24, 2012, removed India from the list of countries with active endemic wild polio virus transmission.
    • Two years later, the South-East Asia Region of the WHO, of which India is a part, was certified as polio-free.

    Back2Basics

    What is Polio?

    • The WHO defines polio or poliomyelitis as a highly infectious viral disease, which mainly affects young children.
    • The virus is transmitted by person-to-person, spread mainly through the faecal-oral route or, less frequently, by a common vehicle (e.g. contaminated water or food) and multiplies in the intestine, from where it can invade the nervous system and can cause paralysis.
    • Initial symptoms of polio include fever, fatigue, headache, vomiting, stiffness in the neck, and pain in the limbs. In a small proportion of cases, the disease causes paralysis, which is often permanent.
    • There is no cure for polio, it can only be prevented by immunization.