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India-Gulf Partnership: Opportunities and Challenges
Central Idea
- The recent meeting in Riyadh between Saudi Crown Prince Mohammed bin Salman and the national security advisers of the US, UAE, and India highlights India’s new possibilities in the Arabian Peninsula. The growing strategic convergence between India and USA in the Gulf and the opportunities and challenges for India in the emerging.
India-US Gulf Partnership: Departure from Traditional Approaches
- Shedding the Anti-Western Lens: The Nehruvian foreign policy of keeping a distance from the US in the Middle East is being discarded, and India is working with the US in the Gulf region.
- Building New Partnerships: The formation of a four-nation grouping called I2U2, comprising the US, India, Israel, and the UAE, highlights the growing strategic convergence between Delhi and Washington in the Gulf.
- Rejection of Ideological Taboo: India is shedding its ideological taboo of keeping its distance from Israel, and transforming its relations with the two Arabian kingdoms, Saudi Arabia and the UAE, into solid strategic partnerships.
- Expansion of Partnerships: In addition to the US, India is beginning to work with France in the Gulf and the Western Indian Ocean.
- Change in Perception: The US is leading the West to discard its pro-Pakistan bias and rethink the relationship between the Subcontinent and the Gulf.
New Strategic Opportunities for India in the Gulf
- Economic growth: The emerging Arabian Peninsula presents enormous new possibilities for India’s economic growth, given the massive financial capital and ambitious economic transformation of Gulf kingdoms like Saudi Arabia and the UAE.
- Connectivity and security: India can play a productive role in promoting connectivity and security within Arabia and between it and abutting regions, including Africa, the Middle East, Eastern Mediterranean, and the Subcontinent.
- Overcoming extremism: The engagement with the Gulf can also help India overcome the dangerous forces of violent religious extremism within the Subcontinent.
- Elevating India’s standing: The new opportunities in Arabia and the emerging possibilities for partnership with the US and the West position India to rapidly elevate its own standing in the region.
Challenges that India may face in pursuing strategic opportunities in the Gulf
- Regional instability: The Gulf region is prone to political and security instability due to ongoing conflicts, political tensions, and the presence of non-state actors. This can pose a challenge for India in pursuing its interests in the region.
- Dependence on hydrocarbons: India is heavily dependent on hydrocarbon imports from the Gulf, which makes it vulnerable to supply disruptions and price volatility. The shift towards renewable energy sources and reducing dependence on hydrocarbons may take time and require significant investments.
- Competition with other powers: India faces competition from other major powers such as China, the United States, and European countries, who are also seeking to expand their strategic presence in the Gulf region.
- Cultural differences: There may be cultural differences between India and some Gulf countries, which could pose challenges in developing strong partnerships and cooperation in areas such as security and counter-terrorism.
- Domestic political constraints: Domestic political constraints, such as political opposition to closer ties with certain Gulf countries, could hinder India’s efforts to deepen its strategic engagement in the region.
Way ahead: Steps is to continue building on the momentum
- Strengthening economic ties: India should focus on deepening its economic relations with the Gulf countries, including diversifying its trade and investment portfolio, exploring opportunities in non-oil sectors, and leveraging its expertise in areas such as technology, healthcare, and renewable energy.
- Enhancing security cooperation: India should work with its Gulf partners to enhance security cooperation, including counter-terrorism and intelligence sharing, and contribute to regional stability and security.
- Promoting people-to-people ties: India should encourage greater people-to-people exchanges with the Gulf countries, including through cultural and educational exchanges, tourism, and sports.
- Supporting regional initiatives: India should support regional initiatives aimed at promoting stability, connectivity, and development in the Gulf and the wider Middle East region.
- Balancing relations with various actors: India should strive to balance its relations with various actors in the region, including the US, France, Saudi Arabia, the UAE, and Iran, and avoid getting embroiled in regional rivalries.
Conclusion
- The emerging India-US partnership in the Gulf region presents a new era of cooperation that has the potential to promote economic growth, connectivity, and security within the region. The partnership marks a departure from traditional approaches to the Middle East and has the potential to elevate India’s standing in the Gulf.
Also Read:
India and Saudi Arabia: Strengthening the Bond -
Energy Transition to Renewables: Challenges and the Way Ahead
Central Idea
- Access to affordable and reliable energy is essential for economic development and public services. However, the global energy market has been disrupted due to demand and supply-side factors leading to rising prices and disruptions in energy supply chains. As a result, countries with a high dependence on fossil fuels, including India, faced a significant challenge.
The correlation: Energy availability and economic development
- The correlation between energy availability and economic development is that energy availability and accessibility are essential inputs for many public services, and securing affordable and reliable access to energy remains a central political and economic imperative for almost all governments.
- Energy availability and accessibility are necessary for economic growth and development, and a lack of access to energy can hamper the growth of industries, limit productivity, and impede social development.
Factors that contributed to the Global Energy Crisis
- Demand and Supply-side Factors: There have been disruptions in the oil and gas supply chains due to the ongoing Russia and Ukraine war. Additionally, energy prices came under pressure due to a sudden rise in demand resulting from abnormally high temperatures and associated heatwaves across the globe. These factors inflated the international price of oil and natural gas.
- Dependence on Finite Fossil Fuels: Fossil fuels account for over 80% of global energy requirements and over 64% of electricity generation worldwide. Additionally, most countries are net importers of fossil fuels, and thus prone to adverse supply shocks resulting from various geopolitical and economic events.
- Overdependence on Fossil Fuels: Many countries turned to coal to meet their energy needs, while those already using coal intensified its exploitation, putting immense pressure on the coal market.
- Increased Cost of Electricity: The increased cost of electricity due to a higher usage of fossil fuel-based sources imposed a heavy burden on low-income households since they spend a larger share of their incomes on electricity and gas.
- Widespread Power Outages: Widespread power outages in many countries due to disruptions in electricity supply threw lives out of gear.
- Dependence on Imported Fossil Fuels: Europe, for instance, faced a challenging situation due to its historic high dependence on imported gas from Russia to meet its energy requirements.
- Climate Change: Fossil fuels account for 75% of global greenhouse gas emissions and around 90% of carbon dioxide emissions. Climate events, such as floods and droughts, cause immense human and economic loss.
Impact on countries
- High energy prices: The increased cost of electricity due to a higher usage of fossil fuel-based sources imposes a heavy burden on low-income households since they spend a larger share of their incomes on electricity and gas.
- Power outages: Widespread power outages in many countries due to disruptions in electricity supply throw lives out of gear. For instance, Bangladesh witnessed a countrywide blackout as many gas- and diesel-based power plants, responsible for approximately 85 percent of the country’s electricity generation, were forced to shut down due to fuel shortages.
- Slowdown in economic growth: Increased prices and disrupted supply severely impacted those countries with a high dependence on fossil fuels, particularly its import, and led to a slowdown in global economic growth, forcing some countries and regions into recession.
- Environmental degradation: Overdependence on fossil fuels impacts countries adversely in the form of air and water pollution and soil degradation, while also being a significant cause of climate change.
- Foreign exchange reserves: The dependence on fossil fuels also affects countries’ foreign exchange reserves, as the fluctuations in prices of fossil fuels affect their import bills and balance of payments.
- Revenue loss: Many regions and their economies, especially in developing countries, depend on incomes derived from fossil fuel-based employment, such as mining, power generation, transmission, and distribution and storage. In many regions, governments are also dependent on the revenue generated from fossil fuels to enhance infrastructure that enables local communities to expand and diversify their livelihood options.
Challenges in way of transition to renewable sources of energy
- Mobilizing capital: While the cost of clean energy is declining, many clean energy technologies require high upfront investment costs, which may be beyond the capacities of most developing countries. Additionally, international support for developing countries is lacking, making it difficult for them to transition to renewable energy sources without supportive international actions.
- Ensuring a just transition: There is a need to ensure decent work opportunities and social support for people likely to lose their livelihoods in the process of transitioning to low-carbon and renewable-based economies. Many people are employed in the fossil fuel industry globally, and there is a risk of destabilizing local economies during the transition process.
- Technical challenges: The transition to renewable energy sources may require significant upgrades to infrastructure, including energy storage and transmission systems, which can be costly.
- Policy and regulatory challenges: The transition to renewable energy sources requires significant policy and regulatory changes, including reforms to subsidy systems, pricing mechanisms, and energy markets.
- Reliability and intermittency of renewable sources: Unlike fossil fuels, renewable energy sources are often intermittent, making it difficult to guarantee a stable supply of electricity. This may require investments in energy storage and backup power systems to ensure reliable supply.
- Public acceptance: The transition to renewable energy sources may face resistance from some stakeholders, including those who are reliant on fossil fuels for their livelihoods or those who are concerned about the visual and environmental impacts of renewable energy infrastructure.
Way ahead: Addressing these challenges
- Mobilizing capital: Developed countries need to fulfill their commitment to providing climate finance to developing countries. Innovative financial instruments such as green bonds and blended finance could also be used to attract private investment.
- Ensuring a just transition: Governments need to develop comprehensive plans that protect workers and communities affected by the shift to renewable energy. This could involve retraining programs, investment in new industries, and social safety nets.
- Investing in research and development: Governments, international organizations, and the private sector need to invest in research and development to drive down the costs of renewable energy technologies and improve their efficiency.
- Promoting energy efficiency: Governments and businesses need to prioritize energy efficiency measures such as retrofitting buildings and improving industrial processes to reduce energy demand and costs.
- Accelerating deployment of renewable energy: Governments need to set ambitious targets for renewable energy deployment and create policy frameworks that incentivize investment in clean energy.
- Building energy infrastructure: Governments need to invest in building the infrastructure needed to support the deployment of renewable energy, including grid upgrades, energy storage, and electric vehicle charging stations.
- Promoting international cooperation: The transition to renewable energy requires international cooperation, especially between developed and developing countries. Developed countries can support developing countries through technology transfer, capacity building, and financial support.
Facts for prelims
Distributed Renewable Energy (DRE) - DRE refers to the generation and distribution of electricity from renewable energy sources, such as solar, wind, hydro, geothermal, and biomass, through small-scale, decentralized systems.
- These systems are often installed in remote or rural areas where it is difficult or expensive to connect to a centralized power grid.
- DRE systems can range from individual rooftop solar panels to small-scale wind turbines, mini-hydro systems, and biomass generators.
- They are typically designed to serve a single household or community, rather than a large urban or industrial center.
- DRE systems are also known as off-grid or mini-grid systems, and they can be standalone or connected to a larger power grid.
Conclusion
- The transition towards renewables is an attractive option for countries to hedge against the risks associated with fossil fuel-based energy sources. However, this requires access to affordable finance and international support to enable a just transition through on-the-job retraining programs, infrastructure investments, and so on. Access to affordable and reliable energy is crucial for sustainable economic development.
Also Read:
Lessons Learned: Transition To A Self-reliant Clean Energy System -
Rebuilding the Idea and Reality of Manipur
Central Idea
- The recent communal riots in Manipur have led to unprecedented human displacement, loss of lives and property, and destruction of the geopolitical foundations of Manipur beyond any immediate repair. To secure future stability and peace, there is a need to confront the truth about the nature of these riots and their principal cause and take adequate measures to ensure institutional accountability, recognition, and accommodation of distinctive rights and identities.
What is the principal cause?
- The principal cause of the riots in Manipur is the failure of the state government to recognize and accommodate the territorial rights and identities of the different communities in the state.
- The state’s aggressive integrationist project, which seeks to dissolve tribal land rights in the valley areas, has been a major source of tension between the Meitei and tribal communities.
- Additionally, the lack of functional sub-state asymmetrical institutions and the weakness of the state-society model have contributed to the instability and ethnic security dilemma in the state.
Who are the Meiteis?
- Largest community: The Meiteis are the largest community in Manipur.
- Community’s Language: They speak the Meitei language (officially called Manipuri), one of the 22 official languages of India and the sole official language of Manipur State.
- Geographical Distribution: Manipur is geographically divided into the Imphal Valley and the surrounding hills. The Imphal Valley is dominated by the Meitei community, which accounts for more than 64% of the population. The hills, which comprise 90% of Manipur’s geographical area, are inhabited by more than 35% recognized tribes, which are largely Christians.
- Major Festivals: festivals of meiteis are Lai Haraoba, Cheiraoba, Yaosang among others. Also, The Manipuri martial art Thang-ta had its origin in the Meitei knights during the king’s rule.
Need for recognition and accommodation: Illustration
- Recognition of territorial rights: The stability and integrity of a pillarized society like Manipur can only be secured through recognition of territorial rights and identities of all communities. This means recognizing the land rights and heritage of the Meiteis and the tribals in the hills.
- Substantive accommodation: In addition to recognition, it is necessary to provide substantive accommodation to different communities. This can involve granting tribal communities more autonomy in decision-making and representation in government.
- Genuine dialogue: Accommodation requires genuine dialogue between communities that is based on mutual respect and a willingness to compromise. This is crucial for building trust and reducing tensions.
- End of aggressive integrationist projects: The idea that one community should dominate others must be replaced with a more inclusive approach that values diversity and recognizes the rights of all communities.
- Working institutions: Accommodation requires that institutions function effectively and equitably. The weak state-society model in Manipur needs to be strengthened and institutional trust and legitimacy must be restored.
- Respect for differences: Recognition and accommodation require a respect for differences and a commitment to finding common ground. This can be facilitated by an appreciation of the historical pedigree of extant sub-State constitutional asymmetry and a willingness to address the concerns of all communities.
Way ahead: Steps to promote State-building
- Strengthening state institutions: The state government should focus on building strong and effective institutions that can deliver basic services to citizens, maintain law and order, and protect the rights of all communities. This could involve reforming the police force, improving the efficiency of the bureaucracy, and strengthening the judiciary.
- Promoting inclusivity: The state government should ensure that all communities, including tribal and non-tribal groups, have equal access to government services and are included in the political process. This could involve implementing affirmative action policies and promoting dialogue between different communities.
- Improving infrastructure: The state government should invest in improving infrastructure, including roads, water supply, and electricity, to promote economic growth and development. This could help reduce poverty and inequality and improve the quality of life for all citizens.
- Addressing grievances: The state government should address the grievances of different communities, including land rights issues, to build trust and promote peace. This could involve setting up a judicial commission to investigate past violence and ensure accountability for those responsible.
- Building regional partnerships: The state government should work with other states in the region and the central government to promote regional cooperation and address common challenges. This could involve promoting trade and investment, sharing resources, and collaborating on regional security issues.
Facts for prelims: Major tribes of Manipur
- Naga Tribes: The Nagas are one of the largest and most prominent tribes in Manipur. They are primarily concentrated in the hill areas of the state, and are known for their distinct culture and traditions.
- Kuki Tribes: The Kukis are another major tribe in Manipur, and are also primarily concentrated in the hill areas. They are known for their love of music and dance, and have a rich cultural heritage.
- Meitei Tribe: The Meitei are the dominant community in the valley areas of Manipur, and have their own distinct language and culture. They are known for their love of traditional sports such as Thang Ta (a form of martial arts) and Sagol Kangjei (a game similar to polo).
- Hmar Tribe: The Hmars are a smaller tribe in Manipur, but are still an important part of the state’s cultural fabric. They are known for their traditional dance forms, such as the Cheraw and Chheihlam
- Zomi Tribe: The Zomis are another smaller tribe in Manipur, but are spread across several states in Northeast India. They are known for their love of music and dance, and have a rich cultural heritage.
- Pangal Tribe: The Pangal tribe, also known as the Manipuri Muslims, is a minority community in Manipur. They have a distinct culture and language and are primarily concentrated in the valley region.
- Anal Tribe: The Anal tribe is a smaller ethnic group in Manipur and is primarily concentrated in the hill areas. They have a unique culture and are known for their traditional dress, dance, and music.
Conclusion
- Serious and concerted inter-community reconciliation efforts must be initiated immediately if Manipur as an inclusive idea and a geopolitical space of accommodation were to be revived. Any prolonged conflagrations will be mutually destructive and self-defeating. The government must adopt even-handedness in its dealing with diverse communities and must not cave into the pressure of the majority in the future.
Also Read:
Private: Manipur Ethnic Violence -
Nikaalo Prelims Spotlight || Fundamental Rights/ DPSP/duties, Federal vs Unitary Features, Parliament/ Legislature, Supreme Court/ High Court
Dear Aspirants,
This Spotlight is a part of our Mission Nikaalo Prelims-2023.
You can check the broad timetable of Nikaalo Prelims here
Session Details
YouTube LIVE with Parth sir – 7 PM – Prelims Spotlight Session
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10th May 2023
Fundamental Rights/ DPSP/duties, Federal vs Unitary Features, Parliament/ Legislature, Supreme Court/ High Court
Fundamental Rights
Fundamental rights are given in Part III of the Indian Constitution from Articles 12 to 35. They are an essential feature of the Indian Constitution. These rights are necessary for the peaceful and dignified existence of the country’s citizens. The Indian Constitution that deals with the people’s fundamental rights are often described as the Magna Carta of the Indian Constitution.
Fundamental rights are called fundamental because the Constitution guarantees them as its fundamental laws. The state cannot take away these rights from any individual. That said, there can be certain limitations to these rights. The Constitution of the United States inspires the Fundamental Rights in the Indian Constitution.
The Fundamental Rights given by the Indian Constitution can be classified as:
- Right to Equality
The Fundamental Rights from Articles 14 to 18 deal with the right to equality. These rights ensure that everyone is treated equally without discrimination and equal employment opportunities.
- Right to Freedom
The rights from Articles 19 to 22 touch upon the concept of the right to freedom. Provisions in these articles deal with different kinds of personal freedom, choices, and dignity.
Article 19 gives the freedom of six rights that include the right to free speech and expression, freedom of assembly, freedom of forming an association, freedom of movement, freedom of residence, and freedom of choosing any profession.
- Right Against Exploitation
Articles 23 and 24 are provided from the concept of rights against the exploitation of individuals. These rights give the provisions to safeguard the people from the evils of human trafficking and child labour.
- Right to Freedom of Religion
The rights mentioned in Articles 25 to 28 give the people the freedom to practice, profess, and propagate their religious beliefs. The Indian Constitution was made with an idea of a secular state. However, unlike Western democracies, the Indian Constitution doesn’t isolate religion. Rather, it provides for the equal treatment of all religions.
- Rights for the Minorities
Articles 29 and 30 deal with minority rights. These rights provide for the protection of the language and culture of minorities and give them the freedom to manage educational institutions.
- Right Relating to the Constitutional Remedies
Often considered an essential right given to the people, Article 32 of the Constitution provides the right to move the Supreme Court to enforce any fundamental rights.
Note: Article 31 of the Indian Constitution, which dealt with the Right to Property, was deleted as one of the Fundamental Rights by the 44th Constitutional Amendment Act of 1976. Following the amendment, the Right to Property was made legal and incorporated in Article 300-A.
The Directive Principles of State Policy (DPSPs)
The Directive Principles of State Policy or simply DPSPs are incorporated in Part IV of the Indian Constitution. The DPSPs are given from Article 36 to Article 51 in the Constitution.
The Directive Principles refer to the ideals and principles that the state must consider while forming a policy or enacting a law in the legislative process.
The Irish Constitution inspired the concept of DPSPs; however, the Irish Constitution was inspired by the Spanish Constitution. The articles dealing with the directive principles deal with various economic, social, and political principles.
Some essential features of DPSPs are as follows:
- The Directive Principles work as instructions for the state in making policies and enacting laws; in this sense, they are essential to the legislative system.
- The DPSPs are non-justiciable and can’t be challenged in courts for their violation.
- The state cannot be compelled to enforce the DPSP.
- The courts can use DPSPs to determine the constitutional validity of a law of parliament.
The Fundamental Duties
The fundamental duties were not part of the original Constitution; it was only in 1976 when the Parliament of India found it necessary to add fundamental duties into the Constitution of India.
By the amendment of the Constitution in 1976, a new part was added in the Constitution as Part IV A. This part consists of only one article: Article 51 A. The idea of fundamental duties comes from the former USSR’s Constitution.
Here are some key features of the Fundamental Duties:
- There are different kinds of duties, such as moral and civic duties.
- The Fundamental Duties are confined to the citizens of India only, unlike fundamental rights and DPSPs
- Fundamental Duties are non-justiciable.
- There is no legal provision or sanctions for the violation of fundamental duties.
Federal Features – Indian Constitution
The federal features of the Constitution of India are given below:
Written Constitution:
Features of the Indian Constitution is not only a written document but also the longest constitution in the world. Originally, it included a Preamble, 395 articles (22 parts), and 8 schedules.
Dual Polity:
The constitution establishes a dual polity that includes the union at the periphery. Each is endowed with sovereign powers to be exercised in the field assigned to them respectively by the Constitution.
Bicameralism:
The constitution provides for a bicameral legislature in which an upper house (Rajya Sabha) and a lower house (Lok Sabha). Rajya Sabha represents the states of the Indian Union, whereas The Lok Sabha represents the people of India as a whole.
Division of Powers:
The Constitution divided the powers between the Center and the states in terms of the Union List, State List, and Concurrent List in the Seventh Schedule.
Supremacy of the Constitution:
The Constitution is the supreme law of the country. The laws made by the Center and the states should be in conformity with Provision. Otherwise, they may be declared invalid by the Supreme or High Court through its power of judicial review.
Rigid Constitution:
The division of powers established by the Constitution as well as supremacy of the constitution can be maintained only if the method of its amendment is rigid. It is necessary for both houses to agree to amend the constitution.
Independent judiciary:
The constitution establishes an independent judiciary headed by the Supreme Court for two purposes: one, to protect the supremacy of the constitution, and two, to settle the disputes between the Centre and states or between the states.
Unitary features – Indian Constitution
Besides the above federal features, the Indian constitution also possesses the following unitary features:
Strong Centre:
The division of powers is in favor of the center and unequal from a federal point of view. Firstly, the Union list contains more subjects than the state list, secondly, the more important subjects have been included in the union list and the Centre has overriding authority over the concurrent list.
Single constitution:
The constitution of India embodies not only the constitution of the Centre but also those of the states. Both the Centre and the States must operate within this single frame.
States not indestructible:
Unlike in other federations, the states in India have no right to territorial integrity. The parliament can change the area, boundaries, or name of any state.
Emergency provisions:
The emergency provisions are contained in Part XVIII of the Constitution of India, from Articles 352 to 360. In the emergency provisions, the central government becomes all-powerful and the states go into total control of the Centre.
Single citizenship:
Single citizenship means one person is the citizenship of the whole country. The constitution deals with citizenship from Articles 5 and 11 under Part 2.
All India services:
In India, there are all India services [IAS, IPS and IFS] which are common to both the Centre and the states. These services violate the principle of federalism under the constitution.
Appointment of governor:
The governor is appointed by the president. He also acts as an agent of the Centre. Through him, the Centre exercises control over the states.
Integrated election machinery:
The election commission conducts elections for central and state legislatures. But the Election commission is constituted by the president and the states have no say in this matter.
No equality of state representation:
The states are given representation in the upper house on the basis of population. Hence, the membership varies from 1 to 31.
Integrated Judiciary:
The term Integrated Judiciary refers to the fact that rulings made by higher courts bind lower courts. The Supreme Court of India incorporates all lower courts, from the Gram Panchayat to the High Courts. The Supreme Court is at the very top.
Integrated Audit Machinery:
The Comptroller and Auditor-General of India has an organization that is run by officials from the Indian Audit and Account Services, a central service that is responsible for not just the Union Government’s accounts and auditing, but also the accounts and auditing of the States.
Veto Over State Bills:
The governor has the authority to hold certain sorts of laws passed by the state legislature for presidential consideration. The President has the authority to refuse to sign such bills not only in the first instance but also in the second. As a result, the President has absolute (rather than suspensive) veto power over state legislation. However, in the United States and Australia, states are independent within respective fields, and no such reservation exists.
Tabular Comparison of Parliament and State Legislature
Union Parliament State Legislatures Bicameral Mostly unicameral – only 6 states are bicameral Article 79 to122 in Part V of the Constitution Articles 168 to 212 in Part VI of the Constitution If a bill is introduced in a House, and it passes it, then the other House can: - Pass the bill as it is.
- Reject the bill altogether.
- Pass the bill with some modifications and return it to the first House for reconsideration.
- Nothing is done to the bill for 6 months, which means both Houses are in disagreement.
In this case, a joint sitting of both the Houses is convened and made, to break the constitutional deadlock.
Note: In the case of Money Bills, which are to be introduced only in the Lok Sabha, the Rajya Sabha has restricted powers.
The Legislative Councils (LC) have only advisory powers by and large. They have lesser powers when it comes to law-making.
If a bill is introduced in the LC, which is passed by it, and it goes on to the Assembly:
- The Assembly rejects the bill.
- It passes the bill with some modifications which are unacceptable to the LC.
In both the above cases, the bill comes to an end.
However, if the bill originates in the Assembly, and it is either rejected or passed with modifications not acceptable by the LC, it does not come to an end.
There is no provision for a joint sitting of the Council and the Assembly. In the case of a disagreement, the decision of the Assembly is deemed final.
Note: Money bills can originate only in the Legislative Assembly.
Members: Lok Sabha: 552 (Max.) Rajya Sabha: 250 (Max.)
Members: Legislative Assembly: Between 40 and 500 Legislative Council: Not more than one-third of the membership of the State Legislative Assembly, and cannot be under 40.
Election to the Rajya Sabha: Members are elected by the elected members of the State Legislative Assemblies by means of proportional representation by means of a single transferable vote.
Election to the Legislative Councils: Members are elected by five different constituencies through a process of the single transferable vote system.
- ⅓ of the members are elected by the local authorities’ representatives (Gram Panchayats, Municipalities, Block Parishads, etc.)
- ⅓ of the members by the MLAs.
- 1/12 of the members are elected by the teachers (of secondary schools, colleges, and universities) in the state.
- 1/12 are elected by the graduates in the state.
- The remaining 1/6th are nominated by the Governor from persons having experience or knowledge in the fields of science, art, literature, social service, or cooperative movement.
The Supreme Court of India
The Supreme Court of India replaced the colonial era Federal Court of India, established in 1937 under the Government of India Act of 1935 and worked as the highest court of British India. In the constitution, provisions related to the organisation, jurisdiction, powers, procedures, independence, etc., of the Supreme Court are given from Article 124 to Article 147.
Presently, the Supreme Court of India has 31 judges, including the Chief Justice of India.
Judges of the Supreme Court
The President of India appoints the judges to the Supreme Court; however, the Chief Justice of India is appointed by the President of India with consultation with the Supreme Court collegium. However, the President must consult the Chief Justice of India to appoint other judges to the Supreme Court.
The Judiciary in India follows a collegium system for the appointments of the judges; in this system, a group of sitting judges recommends the appointments of the eligible candidates as the judge of the Supreme Court.
Chief Justice of India
The Chief Justice of India is the highest judicial officer in India. He/she is usually the senior-most judge of the Supreme Court. After the inauguration of the Supreme Court in 1950, traditionally, the senior-most judge of the Supreme Court has been appointed as the Chief Justice. However, in 1973 and 1977, the collegium recommended judges superseding the senior judges.
Qualifications
To be appointed as a judge of the Supreme Court of India, you must satisfy the following qualifications:
- A person appointed as a judge of S.C must be a citizen of India.
- A person appointed as a judge of S.C must have been a judge of a High Court of any Indian state for at least 5 years.
- A person appointed as a judge of S.C must have been an advocate of a High Court of any Indian state for at least 10 years.
- A person to appoint as a judge of S.C must be a distinguished jurist in the opinion of the President of India.
The constitution of India does not provide for a minimum age requirement for the appointment as a judge of the Supreme Court.
High Court of India
The Indian judiciary system has followed a single integrated judiciary system; the High Court operates below the Supreme Court. Each state of India is provided with a High Court by the constitution of India. The functioning of High Courts is given under Article 214 to Article 231.
All the High Courts consist of one chief justice and several other judges. The President determines the number of judges of the High Court; the President can change the number of judges in any High Court as necessary.
Judges of the High Courts
The President of India appoints the judges to the High Courts across the states. The President of India appoints the chief justice of a High Court after consulting the chief justice of India and the Governor of the respective state. In the appointment of other judges to the high court, the President of India consults the Chief Justice of the Supreme Court of India.
When two or more states share a High Court (e.g., Haryana and Punjab), the governors of all concerned states are consulted by the President of India.
Qualifications
For a person to be appointed as a judge in any High Court of any Indian state, he/she shall satisfy the following qualifications:
- For a person to be appointed as a judge of H.C, he/she shall be a citizen of India.
- To become a judge of H.C, he/she should have held a judicial office for at least 10 years.
- To be appointed as a judge, he/she should have advocated the High Court for 10 years.
The constitution of India does not provide for a minimum age requirement for appointment as a judge of the high court. The constitution also doesn’t provide for the President to appoint a jurist as the judge of a high court.
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[Burning Issue] Western Media’s Bias Against India
Context
- Recently, A federal U.S. commission, Commission on International Religious Freedom (USCIRF) has urged the Biden administration to impose targeted sanctions on Indian Government agencies and officials responsible for “severe violations” of religious freedom in the country by freezing their assets.
- In this context, this edition of Burning Issue will talk about this issue and the overall propaganda of West against India.
About USCIRF and its report
- The United States Commission on International Religious Freedom (USCIRF) is an independent U.S. federal government agency created by the 1998 International Religious Freedom Act (IRFA).
- USCIRF monitors the universal right to freedom of religion or belief (FoRB) abroad; makes policy recommendations to the President, Secretary of State, and US Congress; and tracks the implementation of these recommendations.
- The USCIRF report assesses the status of religious freedom around the world.
- It provides a comprehensive analysis of the state of religious freedom in countries across the globe, highlighting issues of concern and making recommendations for action by the US government.
- Its report is an important tool for raising awareness of violations of religious freedom and advocating for greater protection of this fundamental human right.
More on the recent report
- In its annual report on religious freedom, the USCIRF asked the U.S State Department to designate India as a “country of particular concern” on the status of religious freedom along with several other nations.
- The USCIRF also recommended to Congress to raise the issue of religious freedom during U.S.-India bilateral meetings and hold hearings on it.
- The USCIRF has been making similar recommendations to the State Department since 2020, which have not been accepted. The recommendations of USCIRF are not mandatory for the State Department.
What is religious freedom?
- Freedom of religion or belief is an expansive right that includes the freedoms of thought, conscience, expression, association, and assembly.
- Inherent in religious freedom is the right to believe or not believe as one’s conscience leads, and live out one’s beliefs openly, peacefully, and without fear.
Religious Freedom in India
Article 25: Freedom of Religion
- Article 25 guarantees the right to freedom of religion to all citizens of India. It ensures that every person is free to practice, profess, and propagate the religion of their choice. However, this right is subject to certain restrictions, such as public order, morality, and health. The government also has the power to regulate economic, financial, political, or other activities that are associated with religious practices.
Article 26: Freedom to Manage Religious Affairs
- Article 26 guarantees every religious denomination the right to manage its own affairs in matters of religion. This includes the right to establish and maintain institutions for religious purposes, and the right to manage its own property. However, this right is subject to public order, morality, and health, as well as to other provisions of the Constitution.
Article 27: Freedom from Taxation for Religious Purposes
- Article 27 prohibits the state from compelling any person to pay taxes for the promotion or maintenance of any particular religion or religious institution. This means that the state cannot use public funds to support or promote any particular religion, nor can it force individuals to financially support religious institutions.
Article 28: Freedom from Religious Instruction in Educational Institutions
- Article 28 guarantees the right of all religious denominations to establish and maintain their own educational institutions. It also prohibits the state from providing any religious instruction in public educational institutions funded by the state. However, students attending such institutions are free to receive religious instruction from outside sources, as long as it does not interfere with the educational activities of the institution.
Reports’ Allegations against India
Policies
- It is alleged that the Indian government at the national, state, and local levels promoted and enforced religiously discriminatory policies, including: Laws targeting religious conversion, Interfaith relationships, Ban over wearing of hijabs and cow slaughter
- This has negatively impacted Muslims, Christians, Sikhs, Dalits, and Adivasis citizens of the country.
Laws of so-called ‘Suppression‘
- The report also alleges that the national government continued to suppress critical voices, particularly of religious minorities and those advocating on their behalf through Surveillance, Accusations of Sedition, Demolition of Property, Detention under the Unlawful Activities Prevention Act (UAPA), Targeted banning of NGOs ex. Missionaries of Charity under the Foreign Contribution Regulation Act (FCRA).
- The continued enforcement of discriminatory laws facilitated a culture of impunity for widespread campaigns of threats and violence by mobs and vigilante groups.
India’s response
- India has slammed USCIRF for “misrepresenting” facts and described it as an “organisation of particular concern”.
- The Indian government rejected the biased and inaccurate comments.
- Foundation of Indian and Indian Diaspora Studies (FIIDS) slammed USCIRF for its biased report and failure to acknowledge the cultural and economic significance of cows to Indians.
History
- Ever since India gained independence, the Western media have painted a negative picture of the country. Indeed, many did not expect India to last long as a nation. There are countries that are failed states and countries which are engulfed in civil wars, but they do not get much of a mention from British and other Western media.
Previous cases of such allegations
- In February 2020, a major daily national declared the North Delhi riots were called the riots a “Hindu nationalist rampage”
- Also, India is being frequently labelled as ‘Intolerant Democracy’ or depicted as a poor nation. Recent example is the Cartoon from a German newspaper mocking Indian Railway’s infrastructure developments.
- The BBC Documentary on PM Modi and 2002 Gujarat riots was also a part of this targeting by western media.
Why such reports often falsely target India?
- Sensationalized news: Negative news stories tend to receive more attention because they can be more emotionally engaging and impactful. For example, a study found that negative news stories receive significantly more engagement on social media than positive news stories.
- Political biases: Media outlets may have different political affiliations or biases that shape their coverage of certain countries or events. For example, some media outlets may have a pro-Western bias and view India as a less developed or “exotic” country. Additionally, some outlets may have a negative view of Indian government policies or leadership, which can influence their reporting.
- Complex challenges: India is a large and diverse country with many challenges, including poverty, inequality, and political instability, which can be difficult to report on accurately and without bias.For example, India has one of the highest rates of income inequality in the world, with the top 1% of the population holding nearly 60% of the country’s wealth. Additionally, India has a history of caste discrimination and violence, which can be challenging to report on accurately and sensitively.
- Differing perspectives: Different media outlets may have different perspectives on issues related to India, which can lead to differing coverage.For example, some outlets may focus on India’s economic growth and potential as a major player in the global economy, while others may highlight the country’s challenges and inequalities.Additionally, media outlets from different countries may have different cultural or historical perspectives on India that influence their reporting.
- Lack of objectivity: There have been instances in the past where these reports have been criticized for being one-sided and lacking objectivity.
- US lobby against everyone: It is important to note that reports like USCIRF’s are based on the organization’s own assessments.
- Inherent bias against India: Such allegations are prevalent ever since India attained its Freedom.
- Self-proclaimed father of democracy: US has infamous for selectively promoting democracy and human rights, and for supporting authoritarian regimes that align with its strategic interests.
- Anti-regime: Such reports often overlook the efforts made by the present regime in India towards promoting religious tolerance and communal harmony.
Way forward
- Urgent action: India needs to take prompt and necessary steps to address religious freedom issues and take everyone’s faith in the government and democratic process.
- Nuanced understanding: International organizations and foreign governments must make a conscious effort to understand the complexities of India’s social, political, and economic landscape before making any recommendations or issuing reports.
- Avoid sweeping generalizations: It is important to avoid sweeping generalizations and presenting a one-sided view of the situation, which can be detrimental to India’s reputation and lead to misunderstandings.
- Self-reflection by the US: The US must address its own issues related to religious freedom and human rights violations, and not just sermon other countries.
Countering western media’s allegations
- India’s historical diversity and pluralism: India has a long history of diversity, pluralism, and peaceful coexistence among different communities.
- Constitutional guarantees: The Constitution guarantees fundamental rights to all citizens, regardless of their religion, caste, or creed.
- Media as a strong pillar: The country has a vibrant democracy and a free and independent media that regularly scrutinizes the government and its policies. This eliminates the scope for anyone’s oppression.
- Nation-building: All communities have contributed significantly to the country’s cultural and social fabric. Success of India is often unwelcomed by the US. People should not fall prey to foreign propaganda.
Conclusion
- It’s important to approach news coverage critically and evaluate the sources and biases behind the stories. This can involve reading articles from a variety of sources, fact-checking claims, and considering the cultural and historical context of the news.
- EAM S Jaishankar has rightly summarized west’s biasness, “Problem of Europe is world’s problem but problem of world is not problem of Europe”.
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How to minimise the threat from IEDs?
Central Idea: The article discusses various measures that need to be taken to minimise errors in anti-terrorist operations. This has been particularly discussed after recent incidents of IED (improvised explosive device) explosions.
What are IED (Improvised Explosive Device)?
- IEDs are homemade explosive device made from commonly available materials such as fertilizer, diesel fuel, and metal scraps.
- They are typically used as a form of guerrilla warfare by non-state actors such as terrorists, insurgents, and other militant groups.
Why discuss IEDs?
- IEDs are a popular choice for such groups as they are relatively easy to construct, difficult to detect, and can be triggered by a range of mechanisms including pressure plates, remote control, and tripwires.
- IEDs are often responsible for a large number of casualties and fatalities in conflict zones.
Disadvantage faced by Indian armed forces
- The security forces are dealing with an enemy who is faceless, unidentifiable, and hidden among the people.
- Security personnel can open fire only in self-defence, not on apprehension, giving militants the ‘first mover advantage’.
- The reaction or the response time available for “Immediate Action (IA) or Counter Ambush drill” is a few seconds.
- All standard operating systems and procedures, technological measures, etc., are directed towards the identification and detection of IEDs/landmines and to avoid being caught in them.
Preventing IED Fatalities
(1) Minimizing Errors
- Avoid vehicle travel: To avoid casualties/fatalities in Maoist territories, vehicle travel should be avoided.
- Foot patrolling: Routine operations like area domination, cordon-and-search, long-range patrolling, ambush-cum-patrolling should only be undertaken on foot.
- Route security: If vehicle travel is essential, the onward and return journeys should never be by the same route, nor undertaken during the daytime.
- Smaller convoys: Security forces should travel in a convoy of a minimum of two to three vehicles, maintaining a distance of at least 40 to 50 meters between them.
(2) Camouflage and Protective Gear
- In certain war zones, vehicular deployment is inevitable.
- Security forces should be equipped with appropriate protective gear and their vehicles should be equipped with V-shaped and armour-plated hull, blast-resistant technology, and proper sandbagging to minimize damage in the event of an explosion.
(3) Making a Region Safe for Travel
- Detection: Rigorous and regular implementation of various detection methods, such as metal detectors, ground-penetrating radar, and trained sniffer dogs, to locate and clear landmines and IEDs, is essential.
- Multi strata surveillance: This carried out through drones and road opening parties equipped with UGVs (Unmanned Ground Vehicles) can detect the presence of terrorists and pick tell-tale signs of a likely ambush.
- Mapping of such areas: Areas known or suspected to contain landmines or IEDs can be mapped, and contingency plans prepared for them.
(4) Intelligence Inputs and Investigation
- Confidence building: Winning of hearts and minds is essential to gather actionable intelligence.
- Diligent and scientific investigation: Establishment of linkages through meticulous collection and marshalling of evidence, framing of chargesheets, followed by speedy trials and conviction, serve as a strong deterrent to terrorism.
Policy measures required
- Regulating explosives: Legislative measures are required for the mandatory addition of odoriferous chemicals and/or biosensors to explosives used in industry and mining for their easy detection during transport.
- Collaboration with international organizations: Other countries have taken several counter-IED measures, such as the U.S. setting up the Joint Improvised-Threat Defeat Organization and spending about $20 billion on counter-IED measures since 2005.
- Overarching agency: It is needed under the Ministry of Home Affairs to coordinate the efforts of both the GoI and the states, and to provide legislative, technological, and procedural support to law enforcement agencies.
Conclusion
- It is crucial for governments to take necessary measures to protect their security personnel and prevent casualties caused by IEDs.
- Again it is essential to raise awareness about the challenges and dangers faced by security personnel in conflict zones and to find effective solutions to mitigate the risks.
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Exemptions under Surrogacy Law
The govt in the Supreme Court has said that same-sex couples and live-in partners are not included in surrogacy and assisted reproduction laws to avoid ‘misuse’ and provide children a ‘complete family’.
Government’s stance
- Same-sex couples and live-in partners are excluded from surrogacy and assisted reproduction laws to avoid ‘misuse.’
- The welfare of the child should be prioritized over any notions of equality among prospective parents or couples.
- No special provisions or additional rights have been granted to same-sex couples and live-in partners despite the decriminalization of their relationships.
Why in news?
- The government’s perspective is not in tune with several Supreme Court judgments that long live-in relationships “presume” marriage.
- Live-in partners are not bound by law, and the safety of the child born through surrogacy cannot be guaranteed.
Judiciary in support
- Same-sex couples are fighting for their right to marry and raise a family as equal parents.
- CJI heading the Constitution Bench, has remarked that same-sex couples could offer as stable and loving a home, if not better, to children as heterosexual married parents.
Distinct features of the Surrogacy (Regulation) Act, 2021
- Definition of surrogacy: It defines surrogacy as a practice where a woman gives birth to a child for an intending couple with the intention to hand over the child after the birth to the intending couple.
- Regulation of surrogacy: It prohibits commercial surrogacy, but allows altruistic surrogacy which involves no monetary compensation to the surrogate mother other than the medical expenses and insurance.
- Purposes for which surrogacy is permitted: Surrogacy is permitted when it is: (i) for intending couples who suffer from proven infertility; (ii) altruistic; (iii) not for commercial purposes; (iv) not for producing children for sale, prostitution or other forms of exploitation; and (v) for any condition or disease specified through regulations.
- Eligibility criteria: The intending couple should have a ‘certificate of essentiality’ and a ‘certificate of eligibility’ issued by the appropriate authority ex. District Medical Board.
Eligibility criteria for surrogate mother:
- To obtain a certificate of eligibility from the appropriate authority, the surrogate mother has to be:
- A close relative of the intending couple;
- A married woman having a child of her own;
- 25 to 35 years old;
- A surrogate only once in her lifetime; and
- Possess a certificate of medical and psychological fitness for surrogacy.
- Further, the surrogate mother cannot provide her own gametes for surrogacy.
Basis of the Petition: Right to Reproductive Autonomy
- The personal decision of a single person about the birth of a baby through surrogacy, i.e., the right of reproductive autonomy is a facet of the right to privacy guaranteed under Article 21 of the Constitution.
- Thus, the right to privacy of every citizen or person affecting a decision to bear or beget a child through surrogacy cannot be taken away.
Other issues with Surrogacy Law
- Medical issue necessity: Married women can only avail surrogacy services if they are unable to produce a child due to medical conditions.
- Widow/Divorced: Otherwise, for women to avail of surrogacy services, they must be aged between 35 and 45 and widowed or divorced.
- One child obligation: Women can only offer surrogacy if they are aged between 25 and 35 and married with at least one biological child.
- Genetic relation obligation: The laws also require a surrogate to be genetically related to the couple who intend to have a child through this method.
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CPEC to be extended to Afghanistan
Central Idea: Pakistan, China and Afghanistan have agreed to extending the Beijing-backed China-Pakistan Economic Corridor (CPEC) to Afghanistan to fully harness the country’s potential as a hub for regional connectivity.
What is CPEC?
- The CPEC, one of the most ambitious components of Beijing’s Belt and Road Initiative (BRI), was announced to great fanfare in 2015.
- CPEC is a collection of infrastructure projects that are under construction throughout Pakistan beginning in 2013.
- Originally valued at $47 billion, the value of CPEC projects is worth $62 billion as of 2020.
- It is intended to rapidly upgrade Pakistan’s required infrastructure and strengthen its economy by the construction of modern transportation networks, numerous energy projects, and SEZs.
- On 13 November 2016, CPEC became partly operational when Chinese cargo was transported overland to Gwadar Port for onward maritime shipment to Africa and West Asia.
India’s reservation against CPEC
Ans. Sovereignty breach
- India which shares tense relations with Pakistan, objects to the CPEC project as upgrade works to the Karakoram Highway are taking place in Gilgit-Baltistan.
- This is the territory illicitly occupied by Pakistan in 1947-48.
- During the visit of Indian PM Modi to China in 2015, the Indian FM, Sushma Swaraj reportedly told the Chinese.
- India did not object to the Chinese construction of the Karakoram Highway which was built between 1959 and 1979.
Why CPEC?
- Economic push for Pak: CPEC has consistently been held up as a “gamechanger” for Pakistan’s economy.
- Debt trap diplomacy: At the same time, China is the only country that is heavily investing in Pakistan.
Progress status
- Slow pace: Gwadar, despite being the epicenter of multibillion-dollar projects, lacks basic necessities like reliable access to water and electricity, let alone other facilities.
- At standstill: But the road to completion has proved long and winding. Reports indicate that the pace of CPEC projects has been slowing down in Pakistan in recent years.
- Baloch freedom movement: This is another impediment to the stalled project where Chinese officials are targeted and killed.
- Consistent security threat: China is also seeking to deploy its Army in the CPEC projects, to which Pakistan has contested.
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Common Uniforms at Higher Ranks of Army
Central Idea: A decision has been taken at the recent Army Commanders Conference to change the uniforms worn by senior Army officers.
Changes in Uniform
- All officers of the rank of Brigadier and above will now wear common uniform items.
- The common uniform items include berets, badges of rank, belt buckle, and pattern of shoes.
- Regimental lanyards and shoulder flashes will no longer be worn by officers of these higher ranks.
- There will be no item of uniform that will identify them as belonging to a particular Regiment or Corps.
Present Uniform Accoutrements
- Officers from the rank of Lieutenant to General currently wear uniform accoutrements as per their regimental or corps affiliation.
- Each Infantry Regiment and Corps has its own pattern of lanyard, badges of rank, buttons, and belt buckle as per regimental traditions.
Reason for Change
- Regimental service in the Army ends at the rank of Colonel for most officers who rise further.
- Senior officers commanding troops of mixed regimental lineage should present themselves in a neutral uniform rather than a regimental one.
Reversion to Past Practice
- The Army is now reverting to the practice that was followed almost 40 years ago, when the changes towards wearing regimental affiliations took hold in the service.
- Until about the mid-1980s, officers of the rank of Colonel and above had common uniform patterns and insignia.
Tradition in Other Armies
- In the British army, the uniform worn by officers of the rank of Colonel and above is referred to as the Staff uniform, to distinguish it from the Regimental uniform.
- Among neighbouring countries, the Pakistan and Bangladesh armies follow the same pattern as the British army.
