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GS Paper: GS2

  • Solar Panel Dispute at WTO

    India & US at loggerheads on the Solar Panel dispute

    What is the origin of the dispute?

    In 2010, India launched its national solar programme, which aims at adding 1,00,000 MW of solar power capacity by 2022.

    So, govt. wanted to incentivise the production of solar energy within the country. Therefore, they agreed to enter into long-term power purchase agreements with solar power producers, providing the guarantee for the sale of the energy produced. Thereafter, it would sell such energy through distribution utilities to the ultimate consumer.

    Bone of Contention

    However, there was a clause that a solar power producer, to be eligible to participate under the programme, is required compulsorily to use certain domestically sourced inputs, namely solar cells and modules for certain types of solar projects. In other words, unless a solar power producer satisfies this domestic content requirement, the govt will not ‘guarantee’ the purchase of the energy produced.

    What is India’s argument?

    India principally relied on the ‘govt procurement’ justification, which permitted countries to deviate from their national treatment obligation provided that the measure was related to “the procurement by governmental agencies of products purchased for governmental purposes and not with a view to commercial resale or use in production of goods for commercial sale”.

    India also argued that the measure was justified under the general exceptions since it was necessary to secure compliance with its domestic and international law obligations relating to ecologically sustainable development and climate change.

    What is US’ argument?

    In 2013, the U.S. brought a complaint before the WTO arguing that the domestic content requirement imposed under India’s national solar programme is in violation of the global trading rules.

    It said that India has violated its “national treatment” obligation by unfavourably discriminating against imported solar cells and modules. In other words, India was discriminating between solar cells and modules (which were otherwise identical) on the basis of the national ‘origin’ of the cells and modules, a clear violation of its trade commitment.

    Us has argued that India can achieve its clean energy goals faster and more cost-effectively by allowing solar technologies to be imported from the US and other producers.

    What was the WTO judgment on the issue?

    WTO concluded that India had violated its national treatment obligation, by imposing a mandatory domestic content requirement. The panel found India violated global trade rules by imposing local content requirements for solar cells and solar modules.

    Agreement’s Violated: India violated its commitments under the global trading rules, specifically the General Agreement on Tariffs and Trade (GATT) and the Agreement on Trade Related Investment Measures (TRIMs).

    Explanation: The product being subject to the domestic content requirement was solar cells and modules, but the product that was ultimately procured or purchased by the govt was electricity. Therefore, the domestic content requirement was not an instance of “government procurement”.

    Room for Negotiation

    The verdict was delayed for over 2-3 months, so that India and US can reach an agreement. In this regard, changes were suggested by New Delhi to its solar power programme. India proposed that it would use the domestic content requirement measures for buying solar panels for its own consumption such as by the railways and defence and would not sell the power generated from such subsidized panels for commercial use. However, the US may have rejected India’s offer.

    Why is the ruling being criticized?

    Various environmentalists have criticized the ruling, as it undermines India’s efforts towards promoting the use of clean energy. It threatens the clean energy economy and undermined actions to tackle the climate crisis.

    What is the criticism to India’s stand?

    There appears to be no rational basis for how mandatory local content requirements contribute towards promoting the use of clean energy. If the objective is to produce more clean energy, then solar power producers should be free to choose energy-generation equipment on the basis of price and quality, irrespective of whether they are manufactured locally or not.

    It is also argued that by mandatorily requiring solar power producers to buy locally, the govt is imposing an additional cost for the production of clean energy, which will be ultimately passed on to the ultimate consumer.

    What is alternative in India’s hand?

    Though, the WTO decision may impact the ‘Make in India’ campaign. But, the govt. can give preferential treatment to clean energies in the form of tax rebates for solar power producers, tax breaks, ensuring a strong line of long term credit at low rates, collaborating with global leaders to enhance domestic research and development.

    Future

    The reports indicate that India will prefer an appeal to the appellate body. Simultaneously, India may be exploring the option of filing a counter complaint against the US, as many of its state’s such as Michigan, Texas and California having also reportedly been accused of employing mandatory local content requirements in the renewable energies sector.

    Experts argue that govt should work towards building a business and regulatory environment, which is conducive to manufacturing. The need is for systemic changes in the form of simpler, transparent and consistent laws and effective dispute resolution mechanisms.

    Published with inputs from Pushpendra

  • Temple entry for women : Gender Equality v/s Religious Freedom

  • Pension Reforms

    Everything That You Need to Know on OROP

    • It is a pension scheme for the armed forces personnel which was in existence till 1973.
    • This scheme provided same pension for same rank and for the same length of service irrespective of the date of retirement which was the basis for determining the pension and benefits of the Indian Armed Forces till 1973.
    • OROP was terminated by the government in 1973.

    Which government was in power at that time and who was the PM of India?

    Then came the Koshiyari committee – 

    Bhagat Singh Koshiyari headed a committee which comprised 10 members (an all party parliamentary panel). It was formed in 2011.

    What were the recommendations of the committee?

    1. OROP should be implemented in the defence forces at the earliest and a separate commission should be formed to take decisions on pay allowances, pension, family pension etc. in respect of the defence personnel should be taken into the account by that committee.
    2. The committee recommended to absorb the Armed Forces personnel after their military engagement into other services of government which is a custom in countries like U.S. and China.

    What would be the financial Implications?

    1. Early estimates were around 3000crores for OROP.( by Ministry of Defence)
    2. Revised estimates vary between 8000 to 9000 crores.
    3. According to the Koshiyari committee the estimates for implementation of OROP were around 12000 crores.

    Is OROP expensive for the government?

    1. OROP is affordable by the government as it is a small fraction of the military pension budget.
    2. It includes about 4,00,000 defence civilians.
    3. Defence civilians, which includes the entire civilian bureaucracy in the ministry of defence ,retire at  the age of 60 are mostly based permanently in Delhi and they are not covered by OROP.
    4. It is alleged that they oppose the OROP due to their exclusion from the scheme.

    Government of India on OROP

    1. The government does not subscribe to the definition of Koshiyari committee, but states that there is a need for a new definition of OROP which should be acceptable to all the other ‘stakeholders’.
    2. The stakeholders were neither defined nor identified by the government.
    3. The government stand on the OROP prompted widespread dismay, disappointment and outrage amongst Armed Forces pensioners.
    4. The ministry of defence recommended the proposal for implementation after the approval of the Defence minister.
    5. Now it is with the of the Finance ministry which should make a call on the scheme.

  • Trans Pacific Partnership: Latest updates and developments

     

    What is the TPP?

    Trans-Pacific Partnership (TPP) is a trade agreement between several Pacific Rim countries concerning a variety of matters of economic policy.

    The aims of the TPP include the lowering of barriers to trade in goods and services, reducing tariffs to zero by 2015. In addition, the TPP hopes to promote investment and job creation in member states.

     

    How does it come into reality?

    TPP initially called the Trans-Pacific Strategic Economic Partnership Agreement, the pact began as a 2005 trade agreement between Brunei, Chile, New Zealand and Singapore in an effort to integrate their economies, drive growth and create unified regulations.

    In 2008, during the Bush administration, the U.S. joined talks to expand the agreement, along with Australia, Peru and Vietnam. The U.S. trade representative under Obama, Ron Kirk, declared the American interest in forging a broad-based regional pact.

    Then, in 2010, under the new name the Trans-Pacific Partnership, Malaysia entered the discussions, followed by Canada and Mexico in 2012.

    By 2013, Japan began participating in the talks. South Korea and Taiwan have subsequently announced their interest but not formal participation.

    Though all of the negotiating parties belong to the Asia-Pacific Economic Cooperation forum (APEC), the TPP is a separate initiative but with similar goals as APEC’s proposed Free Trade Area of the Asia Pacific.

     

     

    Why the Trans-Pacific Partnership Matters?

    The Pacific accord would phase out thousands of import tariffs as well as other barriers to international trade, like Japanese regulations that keep out some American-made autos and trucks.

    It also would establish uniform rules on corporations’ intellectual property, and open the Internet even in communist Vietnam.

    It eventually would end more than 18,000 tariffs that the participating countries have placed on American exports, including autos, machinery, information technology and consumer goods, chemicals and agricultural products as varied as avocados in California and wheat, pork and beef from the Plains states.

    The trade ministers who negotiated it predicted the overall economic and political heft of the 12-nation group would turn the accord into a model for future trade agreements.

    It would overhaul the system for settling disputes between nations and foreign companies, while barring tobacco companies from using that process to block countries’ antismoking initiatives.

    It also would enforce higher standards for labor conditions and environmental protection, including wildlife-trafficking.

    How will it benefits to USA ?

    Expanding the orbit of U.S. free trade is a major foreign policy goal of the Obama administration, and as a part of its desired international “pivot” toward Asia, it hopes to increase its economic presence in the region.

    Supporters of the partnership say by lowering barriers to trade and increasing avenues for economic globalization, the enlarged $2 trillion zone of diminished tariffs would stimulate employment in U.S. and provide an incentive to invest abroad.

    Agreement hopes to show China that the U.S. will remain a committed economic partner for the nations of the Pacific Rim, without excessively provoking Beijing.

    Who opposes the TPP?

    Opposition to the proposed agreement and to the perceived influence of multinational corporations in the process has been led by public health advocates, labor groups and environmentalists and politicians.

    Some U.S. legislators have voiced concerns that the TPP requirements would prevent access to medicine in developing countries, due to excessive patent protection. Doctors Without Borders argues against “dangerous provisions that would dismantle public health safeguards enshrined in international law.”

    Many activists also focused criticisms on the intellectual property section of the proposed partnership, which, according to WikiLeaks, could have “wide-ranging effects on medicines, publishers, internet services, civil liberties and biological patents.”

    As a trade agreement, the TPP would require House and Senate majorities and then the president’s signature. Domestic American opposition has concentrated their skepticism not just on how “free” the agreement would be but also on problems with the “fast track” congressional voting procedure.

    Japanese producers in the anime and manga industry say the TPP could damage their business by allowing companies to halt imports of intellectual property, in order to protect local distributors of licensed merchandise.

    Rice farmers, as well as beef, poultry and pork producers, have mounted firm resistance to the pact, which would dramatically decrease import tariffs.

    Geopolitically, China is concerned that the partnership is designed to exclude its economic activities, while some American officials have expressed doubts whether the market-oriented pact would ever be compatible with Beijing’s command economy.

    In Europe, analysts view the TPP as a trade regime that could set a precedent for the nascent Transatlantic Trade and Investment Partnership (TTIP).

     

    Published with inputs from Arun

  • Uniform Civil Code: Triple Talaq debate, Polygamy issue, etc.

     

    What is the idea behind a Uniform Civil Code for India?

    Currently, believers of various religions can marry, adopt, inherit property and divorce under their own customs.

    Under a Uniform Civil Code, it is believed, personal laws and sanctioned practices of different religions will be largely harmonised with accepted fair practices for all citizens, under guidelines laid down by Constitution.

    Does the Constitution mention a Uniform Civil Code?

    Article 44 of the Constitution, which is one of the Directive Principles of State Policy, says: “The State shall endeavour to secure for the citizens a uniform civil code throughout the territory of India.”

    Directive Principles are not justiciable or mandatory, only a guideline.

     

    Then, what is the debate about?

    Articles 29 and 30 guarantee minorities the right to conserve their culture and script, and run their own educational institutions.

    It was understood that minorities could practise their religion and follow their customs and traditions.

    The Supreme Court asked the central government, whether it was willing to bring a Uniform Civil Code to ride over inconsistent personal laws in different religions.

    There was “total confusion” over the incoherent stipulations about marriage, divorce, adoption, maintenance and inheritance.

    Currently, different laws regulate these aspects for adherents of different religions.

    Is the debate over Uniform Civil Code just a Hindu-Muslim issue?

    Far from it. Parsis, Jains, Sikhs, Christians, apart from of course Hindus and Muslims, have their own civil codes.

    While the Muslim Personal Law is yet to be codified (because of deep divisions within), Christian and Parsi codes were specified before Independence.

    The personal laws of Hindus, Jains, Sikhs and others were codified in the 1950s.

    So, What does our secular Constitution say?

    Article 25, which guarantees the freedom to practise, profess and propagate any religion. By the 42nd Amendment of 1976, India was declared a secular nation.

    The understanding of Article 25, the State and its institutions have not interfered with religious practices, including in relation to various personal laws.

    There is a view that this principle runs contradictory to the idea of secularism which requires the State to be inert to religious considerations, and not tacitly support them by following a practice of non-interference, no matter what.

    Clause (2) of Article 25 empowers the State to frame any law to regulate or restrict “secular activity which may be associated with religious practice”, therefore, it is argued, Article 25 is no bar to having a Uniform Civil Code.

    The inconsistency in personal laws has been challenged on the touchstone of Article 14, which ensures the right to equality.

    Historical Judgements

    Litigants have contended that their right to equality is endangered by personal laws that put them at a disadvantage.

    The first prominent case founded on Article 14 was Shah Bano case (1985) in which the apex court ruled that a Muslim woman was entitled to alimony under the general provisions of the CrPC, like anybody else.

    Following protests from Muslim leaders, Rajiv Gandhi’s government in 1986 got the Muslim Women (Protection of Rights on Divorce) Act passed in Parliament, which nullified the ruling.

    In effect, the verdict did a balancing act between the Shah Bano judgment and the 1986 law.

    In Githa Hariharan vs RBI (1999), the top court adjudicated upon the constitutional validity of certain provisions of the Hindu Minority and Guardianship Act, 1956 and the Guardian Constitution and Wards Act, on a petition claiming they violated Articles 14 by treating the father as the natural guardian of a child under all circumstances.

    It ushered in the principle of equality in matters of guardianship for Hindus, making the child’s welfare the prime consideration.

    That’s some history! what is today’s scenario ?

    The BJP, kept the Uniform Civil Code in its 2014 election manifesto. The BJP and RSS have long demanded it, and cited the example of Goa, which has a common law called the Goa Civil Code.

    What the government tells the court next month will be a test of its political will , and mark the next chapter in the evolution of this debate.

    So, do we really want a Uniform Civil Code? Is there a way forward ?

    Yes, you say? Well, there seems only one way to see through this crazy fog.
    Every aspect of the personal laws must be examined in the light of constitutional guarantees to every Indian, equality, justice, right to life.

    Laws that fail to uphold these basics must be thrown away, Isn’t it ?

    Published with inputs from Arun

  • WTO Nairobi meet: Updates on the 10th Ministerial Conference

    WTO Nairobi Ministerial Meeting – What’s at stake for India?

    Recently, the WTO Trade Ministers concluded their talks without any commitment on rich countries being asked to check their domestic subsidies. The negotiations exceeded by one day due to lack of consensus among the developed and developing world.

     

    India and other developing countries were particular about the re-affirmation to conclude the 14-year old Doha Round. < Let's begin with the basics of WTO negotiations>

    What is Doha Development Round?

    It is the latest round of trade negotiations among the WTO members, which started in 2001, to sign a pact to open up world trade by lowering or eliminating trade barriers.

    The focus is on helping developing countries join the global marketplace, and boost their economies as a result.

    The Doha Round is also known as the Doha Development Agenda.

    What are they negotiating?

    The goal of any trade talks is to make it easier for goods and services to be bought and sold across national borders.

    The negotiations includes:

    • Restricting countries’ use of subsidies for farmers and fishermen.
    • Lowering taxes and regulatory barriers that affect the cross-border trade in services, such as banking and consulting.
    • Negotiating new intellectual property rules on things such as drugs and copyrighted works.

    Why developing countries are pressing for conclusion of Doha round?

    Basically, the benefits for developing countries depends on the the kind of agreement the negotiators come up with.

    However, the developing countries are hoping that stronger restrictions on farm subsidies in developed countries would be good for farmers in the developing world.

    What was the outcome of 2013 Bali Ministerial Meeting?

    • Protection of the interests of poor farmers and food security.< This is what India wants to be honoured and implemented>
    • Exporters from Least developing countries(LDCs), will get duty free, quota free access to markets in foreign countries
    • Trade facilitation agreement, to ease the customs clearance.

    What is Special Safeguard Mechanism and its need for poor & developing countries?

    Basically, SSM will allow developing countries to temporarily increase the import duties on farm products, so as to counter the sudden increase in imports and price falls.< Actually, the developed countries have well-developed and mechanised agriculture along with that, huge subsidies are extended to farmers in these countries>

    This mechanism would empower the developing countries to impose additional duties on agri-products, when their imports breach specified ceilings or price.

    What’s the problem here?
    The negotiations are on the extent to which different categories of developing countries will be allowed to hike duties using the SSM, beyond their tariff.

    What are the new issues that have emerged?

    1. Rich countries are diluting the development dimension. Some developing countries are attempting to categorise nations such as India and China as emerging economies, instead of developing. 
    2. The developed countries are also redefining the developmental aspects.
    3. Rich countries wanted to revitalise WTO by introducing new issues, often called emerging trade issues:
      • Labour and environmental standards
      • Global value chains and promotion of supply chains
      • e-Commerce
      • Competition & investment provisions
      • Environmental and sustainable goods produced using clean and green energy
      • Transparency in govt. procurement
      • Transparency in state-owned enterprises and designated monopolies

    < If these issues are included in the agreement, developing and poor countries feel that these standards or rules might become non-tariff barriers, hurting their exports>

    What is India’s stand on these issues?

    • India has made it clear that it will not undertake any binding commitments.
    • The issues of labour and environment should be taken at concerned international bodies such as ILO and UNFCCC, not at WTO.
    • India wants new issues should also include those with a development angle such as easier movement of natural persons, such as skilled professionals.

    < Developed countries are fearing large scale migration, on account of increase in skilled manpower in developing countries such as India. India is looking for such concessions so that it's skilled manpower can find access to developed countries market.>

    What was India’s demand at Nairobi Meeting?

    • India wants the rich countries to drastically reduce their trade distorting farm subsidies.
    • India wants on priority that a permanent solution to the issue of public food stock holding in developing countries for the purpose of food security.
    • India is also looking for effective implementation of a package for LDCs including duty-free and quota-free market access.

    What does draft declaration at Nairobi says?

    • A commitment to allow developing nations to use special safeguards to protect farmers against import surges.
    • It reflects India’s demand for a reaffirmation from all members to work towards a permanent solution on public stockholding.
    • All countries agreed to the elimination of agricultural export subsidies subject to preservation of Special and Differential Treatment for developing countries such as longer phase-out period for transporting and export subsidies for exporting agricultural products.
    • Developed countries have committed to remove export subsidies immediately, except for a few agricultural products, and developing countries will do so by 2018.
    • However, developing countries will keep the flexibility to cover marketing and transport subsidies for agriculture exports until the end of 2023.
    • The talks concluded without any commitment on rich countries to check their domestic subsidies.
    • There was division among the WTO members on the issue of the reaffirmation of the Doha mandate.
    • However, some of the WTO members excluding India agreed on the timetable to implement a major deal to get rid off tariffs on 201 IT products valued at over $1.3 trillion/annum, and accounting for around 10% of total global trade.

  • BCCI Reforms – Lodha Committee, etc.

    Lodha Committee Report: Restoring the glory of the game

    To put an end to excesses and imbalances, corruption and red tape, all of which have harmed the game, the Lodha committee has examined reforms in the working of the Board of Control for Cricket in India (BCCI) to make its functioning transparent.

     

    What is the Lodha committee?

    The Lodha committee was formed in January, 2015 by the Supreme Court after the Mudgal committee report on IPL.

    In its earlier report in July 2015, the Lodha committee delivered its judgement by banning Meiyappan and Kundra for life and suspending the owners of Chennai Super Kings and Rajasthan Royals for 2 years.

    Let’s analyse the report under various dimensions

    The Lodha Committee has suggested sweeping reforms in the structuring and governance of cricket in the country.

     

    Structural Reforms: A major overhaul

    • The committee recommended that a 9-member apex council replace the 14-member BCCI working committee.
    • Each of these office-bearers has a three-year term and can contest for a maximum three terms.
    • The Lodha Committee also calls for dividing the governance into two parts: cricketing and non-cricketing.

    The non-cricketing management will be handled by 6 professional managers headed by a CEO, and the cricket matters like selection, coaching and performance evaluation should be left to the players

    Organisation & Office-bearers: Restrictions imposed

    • Each of these office-bearers has a 3-year term and can contest for a maximum three terms.
    • There will be a mandatory cooling off period after each term. Therefore, no office-bearer can hold office consecutively in a row.
    • No BCCI office-bearer can be Minister or government servant.

    State Cricket Associations: One Vote/State

    The Committee recommended that one association should represent an entire state and only one vote per state.

    Indian Premier League: Maintain distance

    • It recommends separate governing bodies for the IPL and BCCI.
    • There should be a 15-day gap between IPL season and national calender.

    Betting: Legalize it

    • It made a strong recommendation to lawmakers to legalise betting in cricket for all except cricket players, officials and administrators.
    • The players and others banned officials should disclose their assets to BCCI in a measure to ensure that they do not bet.

    Betting is a $ 400 billion phenomenon practised across the globe and lawmakers in India should enact laws to legalise it.

    Fixing: Criminalize it

    The committee said that match-and spot-fixing should be made a criminal offence.

    Conflict of Interest & Corruption

    • One individual hold only one post in cricket administration. The office-bearers would have to choose between positions in respective state associations and the parent body.
    • A former High Court judge should be appointed as ethics officer by the BCCI to administer issues relating to conflict of interest, misdemeanour and corruption.
    • A former Supreme Court judge should be appointed ombudsman to resolve internal disputes.

    Transparency: Bringing RTI to BCCI

    It recommended that the Legislature must seriously consider bringing BCCI within the purview of the RTI Act

    Securing player’s interest

    • It recommended the setting up of a Players’ Association to safeguard the interests of the cricketers.
    • The report said players that are the driving force of the game, but they had been reduced to the status of employees and subordinates of those governing the game.
    • The idea is to give players voice, use their expertise and skills for the development and betterment of the game

    Women Cricket: Often ignored by BCCI

    The Women’s Cricket Committee to be formed to exclusively pay attention to this much ignored department, along with Women’s Selection Committee.

    The proposed measures could radically alter the way the BCCI functions as well as vastly improve its public image and impart much-needed credibility.

     

    Published with inputs from Pushpendra

  • Foreign Policy Watch: India-Myanmar

    India and Myanmar relations: Change in dynamics by democratic triumph

    After decades of struggle, finally democracy triumphed over military junta and Myanmar parliament enters democratic era after 54 years of military rule. It’s time to glance over India-Myanmar relations and how India will be benefited from such stable democratic government.

    India and Myanmar have traditionally had much in common, with cultural, historical, ethnic and religious ties, in addition to sharing a long geographical land border and maritime boundary in the Bay of Bengal. Let’s see it in brief!

    How did India and Myanmar engagement begin ?

    • Myanmar is India’s bridge to east, and an important ally for growing its regional power.
    • India and Myanmar’s relationship officially got underway after the Treaty of Friendship was signed in 1951.
    • For many years, India did not open up to the authoritarian regime, and it was only over a period of time that India started engaging with the military junta of Myanmar.
    • The region’s focus has revolved around the SAARC countries and China, Myanmar is becoming increasingly important for India in both a strategic and economic context.

    What about bilateral trade ties?

    • Bilateral trade has grown from $12.4 million in 1980-81 to $2.18 billion in 2013-14.
    • Agricultural items like beans and pulses and forest based products make up nearly 90 percent of India’s imports.
    • Myanmar is also the beneficiary of a duty-free tariff preference scheme for least developed countries (LDCs).
    • Both countries also signed a border trade agreement in 1994 and have 2 trade points along their 1,643 km border.
    • India has also promoted some trade events such as the India Product Show 2012, which represented 19 Indian companies.

    But, How shared cultural links promote unique relations between both countries?

    • The two countries have shared cultural exchanges through various cultural troupes.
    • One such exchange was in 2009 when Myanmar sent a 13 member student group that attended a SAARC cultural festival in India.
    • This was followed by another major event at which the Indian embassy in Yangon organized the annual Indian Film Festival, which is a major event on the Yangon cultural calendar.

    Does India have historical bond with Myanmar?

    • Yes! Yangon was once a center for India’s independence struggle.
    • The Indian National Army (INA), formed by Indian nationalists during World War II in 1942 with the motto of Ittehad, Itmad aur Qurbani (Unity, Faith and Sacrifice).
    • Comprised over 40,000 soldiers, who fought valiantly against the British imperialist forces.
    • Netaji Subhas Chandra Bose became leader of the INA in 1943 and undertook a groundbreaking march towards Indian territories from Burmese soil with the aim of achieving Indian independence.<This time we can expect question on Netaji and his work, as we know current happenings about Netaji’s files declassified>
    • General Aung San, Burma’s independence hero, was a close friend of Netaji, the supreme commander of the INA.
    • That friendship was reflected in cordial relationship between the soldiers of the INA and their counterparts in the Burmese National Army (BNA).
    • So, it’s good to use this historical bond for building more coherent and strong relations with Myanmar.

    How Myanmar is Strategically significant to India?

    • Myanmar is strategically important to India as it is the only ASEAN country that shares a land border with India.
    • It is also the only country that can act as a link between India and ASEAN.
    • Myanmar is India’s gateway to Southeast Asia and could be the required impetus to realize India’s Look East Policy.
    • India has also decided to upgrade the Kalewa-Yargyi road segment to highway standard.
    • Myanmar would develop the Yargyi-Monywa portion, and this would help to connect Moreh in India to Mae Sot in Thailand via Myanmar.
    • This in turn would improve India’s connectivity and relationship with both Myanmar and Thailand.

    How can India become regional pivot in Asia?

    • If India is to become an assertive regional player in Asia, it has to work toward developing policies that would improve and strengthen it domestically.
    • This will encourage more confidence in its ability to lead the region and be an important global player.
    • Competition with China should also be considered and taken seriously. As China’s growing influence in the region would lead to a more one-sided dynamic in the region.
    • China has asserted itself through its soft power as well as through its trade and economic relations with Myanmar by taking up large infrastructure projects in the country.
    • India on the other hand needs to use its soft power more effectively, and at the same time strengthen itself domestically and regionally.

    What are advantages that India has over China with regard to Myanmar?

    • One is the democratic process, which results in different governments at the center and states through free and fair elections.
    • There is also the respect for institutions that are strong enough to hold the country together.
    • Finally, cooperation in different multilateral forums such as ASEAN and BIMSTEC strengthen the relationship between the 2 countries.
    • Apart from these reasons, India has sent a clear signal that while economic ties are important, it is keen to build a holistic relationship and is prepared to assist in institution building in Myanmar.

    What is the significance of Connectivity in India-Myanmar Relations? 

    <How North-Eastern region can play vital role in this?>

    • Myanmar’s vast oil and natural gas reserves and other resources make it a natural partner for many countries in the world.
    • India, being its next door neighbour, cannot be indifferent to this reality.
    • Besides, geo-political considerations, historical and civilizational links, and the ethnic overlap across their borders, have all come together to make India’s North-East the land bridge between the South and South-East Asia through Myanmar.
    • The 1,640 km-long border between Myanmar and the Indian states of Arunachal Pradesh, Nagaland, Manipur and Mizoram signifies the importance of this eastern neighbour for India.
    • India expects to reap various economic benefits by bolstering bilateral trade and investment, which critically depends upon better connectivity in the region.

    How bilateral cooperation agreement gives impetus to India’s Look-East Policy?

    • The strategic location of Myanmar is pivotal to India in reaching out to the economically vibrant South-East Asian countries.
    • India’s Look-East Policy envisages building infrastructure and expanding the transportation network including railroads, aimed at furthering surface connectivity in the region.
    • It is recognized that in addition to more economic contacts, such connectivity will promote social stability in the region by facilitating people-to-people contact amongst trans-border ethnic groups.
    • It is expected that insurgent outfits would lose their recruitment base once the local resources begin to be exploited and employment is generated leading to overall development. 
    • Concrete economic benefits are expected to come up in the region with establishment of border haats.
    • In addition, internal trade routes have the potential to enhance accessibility to sub-regional markets that connect Bangladesh, Myanmar and Bhutan.

    Way forward

    • The basic foundation for the relationship between India and Myanmar has been laid by previous governments, the onus is on the present Indian administration to demonstrate that it can take the relationship to a higher level.
    • India can become a strong regional player through a more proactive approach, cement India’s place in the region and grow into a powerful, global country.

     

     

    Published with inputs from Arun

  • Judicial Pendency

    Overcoming the backlog of cases: Judicial reform

    A British citizen, Will Pike was paralysed during the 2008 Taj Hotel blasts in 2008. Suing the hotel group for compensation, he wanted the trial to take place in London rather than in India. Accepting his contention, the London court allowed the matter, specifically stating that the trial in India could take some ‘twenty years’. This is a befitting example of the pendency in Indian judicial system and how it needs to be urgently addressed.

    THE MAGNITUDE OF THE PROBLEM

    The graphic below states the number of cases pending before the Courts in India. Currently, about 3.25 crore cases are pending in the Indian courts and Judges fear that this number might escalate to about 4 crore cases by the end of 2016. This problem gets escalated due to the crunch of Judges at all levels of Judiciary as seen in the graphic below.

     

    Timely justice is an integral part of access of justice and this huge backlog of cases amounts to denial and derailment of justice. This article will look into the proposed reforms for addressing this systemic problem.

    10 REFORMS FOR ADDRESSING JUDICIAL PENDENCY

    The 245th Law Commission Report on “Arrears and Backlogs: Creating Additional Judicial (W)omanpower has recommended the following measures

    1. Calculating Adequate Judge Strength through a more scientific analysis of data – In this context, the Commission has negated a simplistic method like Judge-Population ratio (Number of judges required per million people) in favour of a Rate of Disposal Method.

    In the Rate of Disposal Method, one looks at the current rate at which judges dispose of cases. Then, given that the institutions and disposal rate remain the same, the Courts would need how many more additional judges to keep pace with the new filings in Court so that the newly instituted cases do not add to the existing backlog.

    2. Judges to be appointed on a Priority basis: India currently has 1/5th of the number of judges it needs and thus, the Judges need to be appointed on a priority basis.

    3. Increasing the age of retirement for Subordinate Court Judges to 62 years.

    4. Creation of Special Courts for traffic/police challan cases: They constitute about 37.4% of the existing pendency before the subordinate courts.

    5. Provision for staff and infrastructure

    6. Periodic Needs Assessment by High Courts: Monitoring the rate of institution and disposal of cases and revising the adequate strength of Judges since a High Court is equipped with all the information relating to the subordinate courts in the State. The Malimath Committee had recommended setting up of Vigilance Cells in each district by the High Court to monitor the performance of subordinate judicial officers.

    7. Uniform data collection and data management methods : to bring in greater transparency.

    8. Need for a system-wide reform: The Commission has recommended the following:
    ● Greater encouragement to Alternative Dispute Resolution (ADR) and Lok Adalats <Can you tell us the difference among various types of ADRs, mediation, arbitration and conciliation? Answer in comments>
    ● Setting up non-mandatory time frames and performance benchmarks for resolution of different types of cases based on rational criteria.

    OTHER RECOMMENDATIONS

    9. Use of Technology : Has been recommended by the 230th Law Commission Report and the Malimath Committee Report to
    (a) Club cases filed on similar points of law, which can be decided on the basis of a single judgment.
    (b) Track old cases, which have become infructuous and dispose them off quickly
    (c) Setting up E-Courts and ushering in E-filing. Has received a major boost under the e-Courts Integrated Mission Mode Project.

    10. Creation of All-India Judicial Service: Provided for under Article 312 of the Indian Constitution. The idea has been mooted by various bodies including the First Judicial Pay Commission and accepted by the Supreme Court. Art 2012 proposal regarding creation of this service has not received responses from all States and this proposal continues to be hanging in the air <can you tell us the procedure of creation of new all India service? Answer in comments>.

    CONCLUSION:

    Many steps are currently being taken by the Government and the Courts to address this problem.

    • Monthly National Lok Adalats are carried out for expeditious disposal of claims.
    • In March 2016, the Monthly Lok Adalat disposed of about 1.5 lakh cases and settled claims worth Rs. 100 crores <Where can one appeal against the decision of Lok Adalats. Also tell us about the jurisdiction of Lok Adalats. Answer in comments>
    • In criminal cases, the setting-up of fast-track Courts and “plea bargaining” have further expedited matters <Can you tell us what’s plea bargaining? Answer in comments>
    • The e-courts project, aimed at providing better Court management and a database of all pending cases with easier filing of important documents is underway.
    • Moreover, the National Litigation Policy 2015 is awaiting ministerial approval and seeks to reverse the trend of Government being the biggest litigant <did you know one of the argument for rejecting NJAC was that govt was the biggest litigant, therefore can have no role in appointment of judges>.

    However, in view of the burgeoning backlog and urgency of reducing backlog, the efforts need to be severely expedited.

    P.S. This article is published with inputs from a CD user  Joyousjojo (name changed on request).

    P.P.S. If you want to write explainers for CD, mail us your explainer at hello@civilsadily.com

  • Alternative Dispute Resolution Mechanism – NCA, Lok Adalats, etc.

    Do we really need a National Court of Appeal?

    The Supreme Court recently admitted an SLP (Special Leave Petition) under Article 136 of the Constitution on the setting up of a National Court of Appeal (NCA) with regional benches which will act as final courts of appeal in civil, criminal, revenue and labour matters <Can you tell us, what is SLP in comments>.

    In 1987, in the case of Bihar Legal Support Society v. the Chief Justice of India, the proposal to set up the National Court of Appeal was mooted and welcome by the then Chief Justice P N Bhagwati. The current petition by Chennai based lawyer has once, again brought the issue to the fore.

    The Supreme Court will set up a Constitution Bench to decide on the proposed NCA as primarily, it raises the following question related to the interpretation of the Constitution Answer in comments>.

    As of now, the Supreme Court is the final court of appeal in all cases. With the NCA, the role of the Apex Court would be restricted to hearing only constitutional and public law cases. Would this amount to tinkering with the ‘basic structure’ of the Constitution?

    REASONS WHY NCA COULD BE A WELCOME PROPOSITION?

    Given the never-ending and ever –increasing case-load on the Apex Court, the NCA could be a welcome change on the following grounds:
    (a) Clearing the massive backlog: With the huge pendency of cases in all three levels of Judiciary, the National Court of Appeal with its regional benches may prove to be crucial in clearing the massive backlog of cases. About 98% of the Apex Court’s time is wasted on routine matters like bail pleas, dishonor of cheques, traffic violations, correcting errors in HC judgments.

    With the NCA hearing matters pertaining to civil, criminal, labour and revenue laws, Supreme Court would be able to concentrate on the more important public law concerns.

    (b) Restoring the Apex position of the Apex Court: With the Supreme Court getting an opportunity to hear exclusively on constitutional and public law matters, its position as the final arbiter on constitutional cases and on developing the law will be further strengthened.

    This is in tune with the scenario in England, UK and Wales where the Supreme Court only rules on matters of constitutional importance or sets a new legal precedent.

    (c) Greater access to justice: Access to justice is a fundamental right for all under the Indian Constitution. In the Indian scenario, this is proportionate to the distance from Supreme Court. As per a recent survey, majority of cases come from northern states like 14% from Delhi High Court in comparison to southern states like only 2.5% of cases from Kerala High Court and even fewer from North-eastern States. Setting up NCA with regional benches will help in reducing travelling expenses, with a better cost-benefit ratio.

    WHY SHOULD THE STATUS QUO BE MAINTAINED?

    The Centre has been challenging the move to set up the NCA on the following grounds:

    (a) Dilution of the powers of Apex Court: Currently, many citizens resort to Article 136 of the Constitution in any sort of matter. With the subject matter of disputes being divided amongst NCA and the Supreme Court, Supreme Court’s exclusive power to entertain appeals under Article 136 will be significantly diluted.

    (b) Compromise the unified structure of the Judiciary: Currently, there is one Apex Court with the High Court in states followed by subordinate courts. This integrated structure will suffer a backseat with NCA somewhere in the middle between High Courts and Supreme Court Answer in comments>.

    Moreover, earlier proposals to set up Regional Benches of the Supreme Court with one bench in each region have been rejected by the Supreme Court on the ground that it will affect the unitary character of the Judiciary and that there can be only one Supreme Court.

    For providing greater access to citizens from far-flung areas, it has been proposed that there could be dedicated courtrooms with video conferencing facilities for litigants and lawyers from far-flung areas. This will avoid the need of setting up regional benches and even NCA to a great extent.

    (c) Large-scale Constitutional amendments required: For bringing the NCA into existence, several provisions of the Constitution related to independence of Judiciary, hierarchy of Courts, powers of Supreme Court etc. will have to be amended. Moreover, Article 136 of the Constitution is a part of the basic structure and in view of the decision in Keshvananda Bharati case, limiting the powers of Supreme Court through NCA will be extremely difficult.

    The solution does not lie with creating courts of appeal because it would not bring down litigation. The Supreme Court has to exercise restraint on the manner of interference under its constitutional power. Today people take chances and come to Supreme Court on every issue, including challenging an adjournment order – Attorney General

    Law Commission Recommendation 

    • Law Commission in its 229th report submitted to the government in 2009 recommended setting up of four regional benches at Delhi, Chennai/Hyderabad, Kolkata and Mumbai to deal with appeals arising out of high courts. Earlier 125th report had recommended setting up of NCA Answer in comments>.
    • It said, if necessary Article 130 may be amended to implement its suggestion that Cassation Benches may be set up in four regions, while the Constitution Bench sits in Delhi . < Is Law commission a constitutional or statutory or executive body? Answer in comments>

    But the Supreme Court rejected it in 2010, saying dividing the Supreme Court would affect the country’s unitary character. A Full Court comprising all SC judges reiterated its earlier resolutions passed in 1999, 2001, 2004 and 2006 in this regard.

    CONCLUSION: The burgeoning backlog of cases plaguing all the three levels of judiciary demand more resources and institutional reforms to deal with the problem. However, any proposals to set up institutions like the NCA will require Constitutional amendments and major Legislative will to go through. This at present is not forthcoming. The idea of a National Court of Appeal requires consideration, but in a manner that would not undermine the undoubted authority of the Supreme Court of India. The next hearing for the matter is slated up for April 4.

    P.S. This article is published with inputs from a CD user  Joyousjojo (name changed on request).

    P.P.S. If you want to write explainers for CD, mail us your explainer at hello@civilsadily.com