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Subject: Federal System

  • Anti-defection Law

    An independent MLA from Gujarat is said to have has joined a national political party “in spirit” as he could not formally do so, having been elected as an independent.

    What is Anti-defection Law?

    • The Anti-Defection Law under the Tenth Schedule of the Constitution punishes MPs/ MLAs for defecting from their party by taking away their membership of the legislature.
    • It gives the Speaker of the legislature the power to decide the outcome of defection proceedings.
    • It was added to the Constitution through the Fifty-Second (Amendment) Act, 1985 when Rajiv Gandhi was PM.
    • The law applies to both Parliament and state assemblies.

    Why in news?

    • The anti-defection law specifies the circumstances under which changing of political parties by legislators invites action under the law.
    • It includes situations in which an independent MLA, too, joins a party after the election.

    Why are independents important?

    • Independents give voters better opportunities to express their preferences.
    • This can improve political representation, as independents are free from the dictates of a party line, and have the flexibility to represent local preferences in a way that party-affiliated candidates often do not.

    Cases consider under the anti-defection law

    The law covers three scenarios with respect to shifting of political parties by an MP or an MLA.

    (1) Voluntary give-up

    • The first is when a member elected on the ticket of a political party “voluntarily gives up” membership of such a party or votes in the House against the wishes of the party.
    • Such persons lose his seat.

    (2) Independent members

    • When a legislator who has won his or her seat as an independent candidate joins a political party after the election.
    • In both these instances, the legislator loses the seat in the legislature on changing (or joining) a party.

    (3) Nominated MPs

    • In their case, the law gives them six months to join a political party, after being nominated.
    • If they join a party after such time, they stand to lose their seat in the House.

    Covering independent members

    • In 1969, a committee chaired by Home Minister Y B Chavan examined the issue of defection.
    • It observed that after the 1967 general elections, defections changed the political scene in India: 176 of 376 independent legislators later joined a political party.
    • However, the committee did not recommend any action against independent legislators.
    • A member disagreed with the committee on the issue of independents and wanted them disqualified if they joined a political party.
    • In the absence of a recommendation on this issue by the Chavan committee, the initial attempts at creating the anti-defection law (1969, 1973) did not cover independent legislators joining political parties.
    • The next legislative attempt, in 1978, allowed independent and nominated legislators to join a political party once.
    • But when the Constitution was amended in 1985, independent legislators were prevented from joining a political party and nominated legislators were given six months’ time.

    Powers to disqualification

    • Under the anti-defection law, the power to decide the disqualification of an MP or MLA rests with the presiding officer of the legislature.
    • The law does not specify a time frame in which such a decision has to be made.
    • As a result, Speakers of legislatures have sometimes acted very quickly or have delayed the decision for years — and have been accused of political bias in both situations.

    Try this easy PYQ:

    Which one of the following Schedules of the Constitution of India contains provisions regarding anti-defection?

    (a) Second Schedule

    (b) Fifth Schedule

    (c) Eighth Schedule

    (d) Tenth Schedule

    [wpdiscuz-feedback id=”qkxs1bxbk2″ question=”Please leave a feedback on this” opened=”1″]Post your answers here[/wpdiscuz-feedback]

     

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  • Naga Peace Accord

     

    Tamil Nadu Governor has resigned as interlocutor for the Naga peace talks.

    What is the Naga Peace Process?

    (A) Issue

    • It refers to ongoing talks between the Indian government and Naga insurgent groups, in particular the NSCN(IM), since 1997 with the aim to sign a Naga Peace Accord.
    • The Naga insurgency, rooted in Naga nationalism, is one of the oldest insurgencies in the country.
    • The Naga-inhabited areas of the Northeast never considered themselves part of British India, and on August 14, 1947, the Naga National Council (NNC) declared independence for Nagaland.
    • It formed an underground Government (NFG) and an Army in 1952, in response to which the Centre sent in the Army and enacted the Armed Forces (Special) Powers Act, or AFSPA.

    (B) Shillong Agreement

    • After years of talks, the Shillong Accord was signed in 1976 with underground groups of Nagaland.
    • But it was rejected by many top NNC leaders on the ground that it did not address the issue of Naga sovereignty and forced Nagas to accept the Indian Constitution.
    • Since then the Naga groups have split into various factions.

    (C) The Peace Accord

    • There have been nearly 100 rounds of talks.
    • In August 2015, the group signed a framework agreement with the Indian government for the Naga Peace Accord.

    How did things go wrong?

    • Sources say even the various competencies of the accord had been agreed upon, although a few bones of contention remained.
    • The groups were insistent on a Naga constitution and were pushing for a Greater Nagalim stretching beyond the boundaries of the present Nagaland state.
    • The state panel rejected the demand for a separate flag and constitution outright, and warned that “any misadventure to disintegrate this great nation shall not be tolerated”.

    Amid all this, what are the real issues?

    • The enthusiasm with which the framework agreement was announced led to unreasonable expectations of an imminent Accord.
    • There is no way the government would accept a separate constitution for Nagaland. This was never under discussion.
    • There was, indeed, an opinion that the flag could be given.
    • But that went off the table after August 5, 2019 when the Kashmiri flag was taken away.

    Best way forward

    • It is important to understand that there cannot be an accord without the militant factions.
    • Some demands that need ironing out include one for a bicameral Assembly with at least 40 nominated members representing different tribes; absorption of cadres as local armed forces or in the Indian paramilitary.
    • There is a need for setting up of autonomous councils in Naga-dominated areas of neighbouring states; and the use of the Naga flag for at least customary events.

    Must read:

    [Burning Issue] Naga Peace Talks

     

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  • 50th anniversary of Meghalaya’s Statehood

    The Meghalaya Assembly has given an indigenous touch to the National Anthem ahead of the 50th anniversary of Meghalaya’s Statehood in 2022.

    About Meghalaya

    • Meghalaya meaning “abode of clouds” was formed by carving out two districts from the state of Assam: the United Khasi Hills and Jaintia Hills, and the Garo Hills on 21 January 1972.
    • It was previously part of Assam, but on 21 January 1972, the districts of Khasi, Garo and Jaintia hills became the new state of Meghalaya.
    • It is the wettest region of India, with the wettest areas in the southern Khasi Hills recording an average of 12,000 mm (470 in) of rain a year.
    • About 70 percent of the state is forested.
    • The Meghalaya subtropical forests ecoregion encompasses the state; its mountain forests are distinct from the lowland tropical forests to the north and south.

    Note the chronology of reorganization states in India

    State Formation Year Status prior to the formation
    Andhra 1953 Part of the state of Madras
    Gujarat 1960 Part of the state of Bombay
    Maharashtra 1960 Part of the state of Bombay
    Kerala 1956 State of Travancore and Cochin
    Nagaland 1963 Union territory
    Haryana 1966 Part of Punjab
    Karnataka 1956 State of Mysore was formed in 1953, enlarged Mysore in 1956 which was renamed in 1973.
    Himachal Pradesh 1971 Union Territory
    Manipur, Tripura 1972 Union Territories
    Meghalaya 1972 Autonomous state within state of Assam
    Sikkim 1975 Associate state since 1974 and a protectorate of India before that.
    Mizoram 1987 District of Assam till 1972 and Union Territory from 1972 to 1987.
    Arunachal Pradesh 1987 Union Territory
    Goa 1987 Union Territory
    Uttarakhand 2000 Part of Uttar Pradesh
    Chhattisgarh 2000 Part of Madhya Pradesh
    Jharkhand 2000 Part of Bihar
    Telangana 2014 Part of Andhra Pradesh

     

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  • In Manipur, a case for asymmetric federalism

    As a normative idea and an institutional arrangement that supports the recognition and provision of an expansive ‘self-rule’ for territorially concentrated minority groups, asymmetric federalism has recently received bad press in India.

    India’s Federalism: A backgrounder

    • Nations are described as ‘federal’ or ‘unitary’, depending on the way in which governance is organised.
    • In a unitary set-up, the Centre has plenary powers of administration and legislation, with its constituent units having little autonomy.
    • In a federal arrangement, the constituent units are identified on the basis of region or ethnicity and conferred varying forms of autonomy or some level of administrative and legislative powers.
    • In India, the residuary powers of legislation, that is the power to make law in a field not specified in the Constitution, is vested in Parliament.
    • Hence India has a quasi-federal framework.

    Why is it said that India has asymmetric federalism?

    • The main forms of administrative units in India are the Centre and the States.
    • Just as the Centre and the States do not have matching powers in all matters, there are some differences in the way some States and other constituent units of the Indian Union relate to the Centre.
    • This creates a notable asymmetry in the way Indian federalism works.
    • But there are other forms, too, all set up to address specific local, historical and geographical contexts.

    The asymmetric structure

    • Besides the Centre and the States, the country has Union Territories with a legislature, and Union Territories without a legislature.
    • When the Constitution came into force, the various States and other administrative units were divided into Parts A, B, C and D.
    • Part A States were the erstwhile provinces, while Part B consisted of erstwhile princely states and principalities. Part C areas were the erstwhile ‘Chief Commissioner’s Provinces’.
    • They became Union Territories, and some of them initially got legislatures and were later upgraded into States.
    • Himachal Pradesh, Manipur, Tripura, Mizoram, Arunachal Pradesh and Goa belong to this category.

    Power apparatus in these asymmetries: Sixth Schedule

    • The Sixth Schedule to the Constitution contains provisions for the administration of tribal areas in Assam, Meghalaya, Tripura and Mizoram.
    • These create autonomous districts and autonomous regions.
    • Any autonomous district with different Scheduled Tribes will be divided into autonomous regions.
    • These will be administered by District Councils and Regional Councils.
    • These Councils can make laws with respect to allotment, occupation and use of land, management of forests other than reserve forests and water courses.
    • Besides they can regulate social customs, marriage and divorce and property issues.

    An integrationist approach adopted by the Constituent Assembly

    • Post-independence, India was criticized for arguably becoming a ‘homogenous Hindu nation’ after Partition.
    • To counter this, the Gopinath Bordoloi Committee, a sub-committee of the Constituent Assembly sought to accommodate the distinctive identity, culture and way of life of tribal groups in the NE by envisioning ‘self-rule’.
    • This distinctive constitutional status to territorially concentrated minorities fosters centrifugal tendencies.
    • Asymmetric federalism fosters subversive institutions, political instability and breakup of States.

    Curious case of Manipur: Recent developments

    • Article 371 gives expansive constitutional powers to Manipur’s Hill Areas Committee (Article 371C) over tribal identity, culture, development and local administration, are exemplars.
    • The integrationist approach resonates powerfully in two recent attempts by Manipur’s government to
    1. stall the introduction and passage of the Manipur (Hill Areas) Autonomous District Council (Amendment) Bill, 2021, and
    2. induct nine Assembly members from the valley areas into the Hill Areas Committee.
    • This move is being perceived as a “malicious” and “direct assault” on the Hill Areas Committee and the constitutional protection accorded to the Hill Areas of Manipur under Article 371C.

    A determined move

    • These moves marks a calculated initiative to use this as a double-edged sword to simultaneously set apace electoral agenda for the upcoming Assembly elections in early 2022 and reclaim its agency to fortify state-level constitutional asymmetry.
    • The attempt to increase membership of the six district councils to 31 members each and secure more powers to the councils by giving more developmental mandate are welcome.

    Managing HAC: A difficult task

    • If history is any guide, the task of reclaiming the Hill Areas Committee’s agency is not going to be easy.
    • Its members often leverage tribe/party loyalty over-commitment to protect constitutional asymmetry and common tribals’ cause.
    • How the HAC and various tribal groups strategically navigate their politics to offset the majoritarian impulse to manipulate the legal and political process to dilute/dissolve extant constitutional asymmetry remains to be seen.

    Way forward

    • There should be sincere commitment to promote tribal development, identity and culture that Article 371C seeks to bridge.
    • Recognizing and institutionally accommodating tribal distinctiveness is not just as a matter of political convenience
    • This valuable and enduring good will be key to promote the State’s integrity, stability and peace in the long run.

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  • Official Opposition in Parliament and State Legislatures

    The 60-member Nagaland Assembly now has no MLA in the Opposition.

    Official Opposition

    • It is a term used in Parliament and State Legislatures to designate the political party which has secured the second largest number of seats in either upper or lower houses.
    • In order to get formal recognition in either upper or lower houses, the concerned party must have at least 10% of the total strength of the house.
    • A single party has to meet the 10% seat criterion, not an alliance.
    • Many of the Indian state legislatures also follow this 10% rule while the rest of them prefer the single largest opposition party according to the rules of their respective houses.

    Why study the Opposition?

    • The Rajya Sabha Chairman Venkaiah Naidu recently broke down when he condemned the violent ruckus that erupted in the Upper House very recently.
    • This has raised questions about the decency of the conduct of our elected representatives.

    Role of the Opposition

    • The role of the opposition in the legislature is basically to check the excesses of the ruling or dominant party, and not to be totally antagonistic.
    • Their main role is to question the government of the day and hold them accountable to the public. This also helps to fix the mistakes of the Ruling Party.
    • The Opposition is equally responsible for upholding the best interests of the people of the country.
    • They have to ensure that the Government does not take any steps, which might have negative effects on the people of the country.

    In the legislature, Opposition Party has a major role, which is:

    1. Constructive criticism of the government.
    2. Putting restriction of the arbitrariness of ruling party
    3. Safeguarding liberty and right of people
    4. Preparation to form a government
    5. Expression of public opinion

    Leader of the Opposition

    • They are the politicians who lead the official opposition in either House of the Parliament of India.
    • The LoP is the parliamentary chairperson of the party with the most seats after the government party.
    • S/He is given the status of a minister in recognition of his importance.
    • The LoP received statutory recognition through the Salary and Allowances of Leaders of Opposition in Parliament Act, 1977.

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    Must read:

    [Burning Issue] Democide: Causes and ways to avoid it

  • Parliament is abdicating its oversight role

    Context

    The monsoon session of Parliament which ended on Wednesday was a disappointment in several ways. This was the fourth straight session that ended ahead of the original schedule.

    No scrutiny of the Bills

    •  Both Houses were frequently disrupted as the Government and Opposition parties could not agree on the topics to be debated.
    • Shrinking worktime: The Lok Sabha worked for just 19% of its originally scheduled time, and the Rajya Sabha for 26%.
    • No examination of Bills by Parliament: Of the 18 Bills passed by the Lok Sabha, only one saw discussion over 15 minutes.
    • In 15 of these Bills, not even one member of the Lok Sabha spoke; each Bill was passed after a short statement by the respective Minister.
    • Every Bill introduced during the session was passed within the session.
    • This means that there was no time for any scrutiny by members.
    • In the period of the Fifteenth Lok Sabha (2009-14), 18% of the Bills were passed within the same session.
    • This rose to 33% in the Sixteenth Lok Sabha and is at 70% halfway through the current Parliament.
    • Thus, we see that, Bills are being passed without any serious examination by parliamentarians.
    • They are most often not being referred to committees, there is hardly any discussion on the floor of the House, and in most instances, Bills are passed within a few days of introduction.

    Bills not being referred to parliamentary committees

    • None of the Bills passed in this session was referred to a parliamentary committee for examination.
    • Important role of committee: Parliamentary committees provide a forum for parliamentarians to engage with experts, stakeholders and government officials to understand the implications of Bills.
    • They deliberate on the consequences of various provisions, and recommend amendments.
    • There has been a sharp downward trend in Bills being referred to them — from 71% in the Fifteenth Lok Sabha to 27% in the Sixteenth, and 12% in the current one till date.

    Important Bills passed

    • Allowing States to identify Backward Class: The Constitution was amended to allow States to identify backward classes (i.e., Other Backward Classes) for the purpose of providing reservations.
    • That amendment also specified that the President of India shall specify the list of OBCs.
    • Recently, the Supreme Court of India had interpreted this provision to imply that the State government cannot issue the list of backward classes.
    • Repealing retrospective taxation: In 2012, the Income Tax Act was amended with retrospective effect from 1961 to cover certain transactions.
    • A Bill passed this session reversed this provision of retrospective taxation. 
    • DICGC to pay within 90 days: The Deposit Insurance and Credit Guarantee Corporation insures all bank deposits against default (currently up to ₹5 lakh).
    • The Act was amended to require an interim pay-out within 90 days if a bank was going through a liquidation or reconstruction.
    • The General Insurance Business (Nationalisation) Act was amended to enable the Government to bring its shareholding in general insurance companies below 51%.
    • The Tribunals Reforms Bill was passed: The Bill replaced an ordinance which specified the process of appointment of members and their tenure and service conditions.
    • It retained two provisions struck down last month by the Supreme Court: the four-year tenure which the Court changed to five years, and a minimum age of 50 years for judicial members which the Court revised to allow lawyers with experience of 10 years.

    Conclusion

    The reason for having a legislature separate from the executive is to have a check on executive power.But the Parliament appears to be quite ineffective in all its functions and needs a course correction.

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  • Who is a Whip?

    The party in the opposition has appointed two members as the party’s whips in the Upper House.

    Who is a Whip?

    • A whip is an official of a political party whose task is to ensure party discipline in a legislature.
    • This means ensuring that members of the party vote according to the party platform, rather than according to their own individual ideology or the will of their donors or constituents.
    • Whips are the party’s “enforcers”.
    • They try to ensure that their fellow political party legislators attend voting sessions and vote according to their party’s official policy.
    • Members who vote against party policy may “lose the whip”, effectively expelling them from the party.

    Answer this PYQ:

    Which one of the following Schedules of the Constitution of India contains provisions regarding anti-defection? (CSP 2017)

    (a) Second Schedule

    (b) Fifth Schedule

    (c) Eighth Schedule

    (d) Tenth Schedule

     

    [wpdiscuz-feedback id=”uz4tdbiarn” question=”Please leave a feedback on this” opened=”1″]Post your answers here.[/wpdiscuz-feedback]

    Whips in India

    • In India, the concept of the whip was inherited from colonial British rule.
    • Every major political party appoints a whip who is responsible for the party’s discipline and behaviors on the floor of the house.
    • Usually, they direct the party members to stick to the party’s stand on certain issues and directs them to vote as per the direction of senior party members.

    What happens if a whip is disobeyed?

    • A legislator may face disqualification proceedings if she/he disobeys the whip of the party unless the number of lawmakers defying the whip is 2/3rds of the party’s strength in the house.
    • Disqualification is decided by the Speaker/Chairman of the house.

    Limitations of whip

    • There are some cases such as Presidential elections where whips cannot direct a Member of Parliament (MP) or Member of Legislative Assembly (MLA) to vote in a particular fashion.

    Types of whips

    There are three types of whips or instructions issued by the party

    • One-line whip: One-line whip is issued to inform members of a party about a vote. It allows a member to abstain in case they decide not to follow the party line.
    • Two-line whip: Two-line whip is issued to direct the members to be present in the House at the time of voting.
    • Three-line whip: Three-line whip is issued to members directing them to vote as per the party line.

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  • [pib] Saansad Adarsh Gram Yojana

    The Ministry of Rural Development has taken several measures for the successful implementation of the Sansad Adarsh Gram Yojana (SAGY) Gram Panchayats.

    Saansad Adarsh Gram Yojana (SAGY)

    • SAGY is a village development project launched in October 2014, under which each Member of Parliament will take the responsibility of developing physical and institutional infrastructure in three villages by 2019.
    • SAGY aims at instilling certain values in the villages and their people so that they get transformed into models for others.

    These values include:

    • Adopting people’s participation as an end in itself – ensuring the involvement of all sections of society in all aspects related to the life of village, especially in decision- making related to governance
    • Adhering to Antyodaya – enabling the “poorest and the weakest person” in the village to achieve well being
    • Affirming gender equality and ensuring respect for women
    • Guaranteeing social justice
    • Instilling dignity of labour and the spirit of community service and voluntarism
    • Promoting a culture of cleanliness
    • Living in consonance with nature – ensuring a balance between development and ecology
    • Preserving and promoting local cultural heritage
    • Inculcating mutual cooperation, self-help and self-reliance
    • Fostering peace and harmony in the village community
    • Bringing about transparency, accountability and probity in public life
    • Nurturing local self-governance
    • Adhering to the values enshrined in the Fundamental Rights and Fundamental Duties of the Indian Constitution

    Identification of an Adarsh Gram

    • A Gram Panchayat would be the basic unit.
    • It will have a population of 3000-5000 in plain areas and 1000-3000 in hilly, tribal and difficult areas.
    • In districts where this unit size is not available, Gram Panchayats approximating the desirable population size may be chosen.
    • The MP would be free to identify a suitable Gram Panchayat for being developed as Adarsh Gram, other than his/her own village or that of his/her spouse.
    • Lok Sabha MP has to choose a Gram Panchayat from within his/her constituency and Rajya Sabha MP a from the rural area of a district of his/her choice in the State from which he/she is elected.
    • Nominated MPs may choose a Gram Panchayat from the rural area of any district in the country.
    • In the case of urban constituencies, (where there are no Gram Panchayats), the MP will identify a Gram Panchayat from a nearby rural constituency.
    • The newly elected MPs will have the option to select the GP of their choice.

  • Resolving the Assam-Mizoram issue

    Context

    The violent stand-off between the Assam and Mizoram armed policemen at Vairengte in Mizoram, on July 26, took six lives and left over 50 injured is the culmination of a long-standing border dispute.

    History of the boundary issue

    • The ‘inner line’ boundary of the Lushai hills was ‘fixed’ in 1875 on the southern border of Assam’s Cachar district.
    • In line with the colonial practice of ‘fixing’ borders, this boundary was however not ‘precise’ as it was drawn largely using natural markers such as rivers and hills.
    • In post-independent India, the Mizoram government has accepted this boundary in preference over the subsequent revisions made by the colonial government.
    • There was a change in boundary when the Inner Line Permit under the Bengal Eastern Frontier Regulation, 1873 was extended to the Lushai hills district in 1930 and 1933.
    • The Mizoram government perceives that the boundary instituted by these revisions amounted to unilateral superimposition.
    • These revisions are also seen to conspicuously fail to recognise the Mizo’s long-standing historical rights to use the un-demarcated southern border of Cachar as their hunting ground, for jhum cultivation, and as sites of their resource extraction including rubber and timber.
    • However, considering that borders cannot be driven by perception but by institutionalised rules and laws, Assam’s government continues to refuse to accept Mizoram’s standpoint.
    • The Assam government considers Mizo plantation and settlements in the Inner Line Reserve Forest areas as an ‘encroachment’.

    People-centric Vs. State-centric approach in dispute

    • At the heart of this dispute is the contending approaches of the Assam and Mizoram governments to ‘borders’, namely ‘state-centric and ‘people-centric approaches.
    • The Assam government represent a continuum of the colonial ‘state-centric’ approach to borders which gives premium to legal, juridical and administrative recognition and protection of the border.
    • The Mizoram government advocate a ‘people-centric approach seeks to give a premium to the historical and traditional rights of the local indigenous people.
    • The Mizoram government also advocate the principle of uti possidetis juris (‘as you possess under law’, including customary law) on the other hand.

    Way forward

    • Historical context: Fixing the Assam-Mizoram border and resolve the dispute need to be sensitive to the historical context.
    • Deep historical knowledge, sensitivity and an accommodative spirit need to inform dialogue and negotiation under the neutral supervision of the Centre.
    • Inter-governmental forum: It is about time that the Centre sets up a permanent inter-governmental forum to involve important stakeholders in order to effectively manage border and territorial conflicts.
    • Quick-fix solution should be avoided: Any quick-fix solution driven by temporal electoral considerations should be avoided if we were to resuscitate and sustain interdependent Assam-Mizoram borders and beyond.

    Conclusion

    The resolution should be sensitive to the possibility of fluid and overlapping sovereignty, where forest ‘commons’ are seen not simply as sites of revenue-extraction but as powerful symbols of identity and sustainable livelihood resources for the local people.

  • Pakistan grants statehood to Gilgit-Baltistan

    Pakistan has finalized draft legislation to incorporate Gilgit-Baltistan, the region known before 2009 as Northern Areas, as a province of the country.

    Gilgit-Baltistan: History of the region

    • Gilgit was part of the princely state of Jammu & Kashmir but was ruled directly by the British, who had taken it on lease from Hari Singh, the Hindu ruler of the Muslim-majority state.
    • When Hari Singh acceded to India on October 26, 1947, the Gilgit Scouts rose in rebellion, led by their British commander Major William Alexander Brown.
    • The Gilgit Scouts also moved to take over Baltistan, which was then part of Ladakh, and captured Skardu, Kargil and Dras.
    • In battles thereafter, Indian forces retook Kargil and Dras in August 1948.

    Accession with Pakistan

    • In November, 1947, a political outfit called the Revolutionary Council of Gilgit-Baltistan had proclaimed the independent state of Gilgit-Baltistan.
    • It declared GB was acceding to Pakistan only to the extent of full administrative control, choosing to govern it directly under the Frontier Crimes Regulation.
    • It was a law devised by the British to keep control of the restive tribal areas of the northwest.
    • Following the India-Pakistan ceasefire of January 1, 1949, Pakistan entered into an agreement with the “provisional government” of “Azad Jammu & Kashmir”.
    • Much of its parts had been occupied by Pakistani troops and irregulars and were later taken over by Pak defence and foreign affairs.
    • Under this agreement, the AJK government also ceded administration of Gilgit-Baltistan to Pakistan.

    Not being incorporated as a province

    • In 1974, Pakistan adopted its first full-fledged civilian Constitution, which lists four provinces —Punjab, Sindh, Balochistan and Khyber Pakthunkhwa.
    • Pakistan-Occupied Kashmir (PoK) and Gilgit-Baltistan were not incorporated as provinces.
    • One reason ascribed to this is that Pakistan did not want to undermine its international case that the resolution of the Kashmir issue had to be in accordance with UN resolutions that called for a plebiscite.
    • In 1975, PoK got its own Constitution, making it an ostensibly self-governed autonomous territory.
    • This Constitution had no jurisdiction over the Northern Areas, which continued to be administered directly by Islamabad (the Frontier Crimes Regulation was discontinued in 1997)
    • In reality, PoK too remained under the control of Pakistani federal administration and the security establishment, through the Kashmir Council.

    Reasons behind

    • The main difference was that while the people of PoK had rights and freedoms guaranteed by their own Constitution, which mirrors the Pakistan Constitution.
    • However the people of the minority Shia-dominated Northern Areas did not have any political representation.
    • Although they were considered Pakistani, including for citizenship and passports, they were outside the ambit of constitutional protections available to those in the four provinces and PoK.

    Why GB is in focus now?

    • Pakistan began considering changes to its administrative arrangements with increasing Chinese involvement in strategic development ventures.
    • GB was vital to those projects, given that it provides only land access between the two countries.
    • Since 2009, it has had a namesake legislative assembly.

    Suppression of a movement

    • There is anger against Pakistan for unleashing sectarian militant groups that target Shias, but the predominant sentiment is that all this will improve once they are part of the Pakistani federation.
    • There is a small movement for independence, but it has very little traction. Some factions argue for its accession with India.
    • While some reports have suggested that Pakistan’s decision is under pressure from China, wary that Gilgit-Baltistan’s ambiguous status might undermine the legality of its projects there.

    Significance for India

    • Gilgit-Baltistan is an integral part of India by virtue of the legal, complete and irrevocable accession of Jammu & Kashmir to the Union of India in 1947.
    • The area’s strategic importance for India has increased in light of the China-Pakistan Economic Corridor agreement.
    • India is also concerned of a two-front war (with China as well as Pakistan) after the standoff in Eastern Ladakh last year.