Note4Students
From UPSC perspective, the following things are important :
Prelims level: Article 50, Article 124
Mains level: Paper 2- Challenges facing judiciary in India
The article highlights the issues facing the judiciary in India and emphasises the need for addressing these issues.
Separating judiciary from the executive
- Today, the judiciary, especially the SC, is called upon to decide a large number of cases in which the government has a direct interest.
- These can be politically sensitive cases too.
- The framers of the Constitution understood the importance of the oath of office of judges of the Supreme Court of India (SC) and carefully designed its language.
- The words, “without fear or favour” to “uphold the constitution and the laws” are extremely significant and stress the need for a fiercely independent court.
- Article 50 of the Constitution provides: “The State shall take steps to separate the judiciary from the executive in the public services of the State.”
Master of roaster issue
- The Chief Justice of India is the first amongst the equals but by the virtue of his office assumes significant powers as the Master of the Roster to constitute benches and allocate matters.
- The SC has re-affirmed this position in a rather disappointing decision in Campaign for Judicial Accountability and Reforms v. Union of India, (2018).
- The result has been catastrophic.
- Many matters were either treated casually or deflected for no reason from serious hearing.
Accountability from legislature and executive
- The SC is expected to seek strict accountability from the legislature and executive and any infraction of the Constitution and laws must be corrected.
- Yet, this is not happening.
- A country of billion-plus needs its highest court to stand for the people, not seemingly for the executive of the day.
Inherent and fundamental challenges
- The judiciary is besieged by inherent and fundamental challenges.
- Millions of pending cases, quality of judges and their decisions, organisational issues and its integrity and impartiality, need urgent attention.
- Yet, in the last two decades precious little has been done.
- Justice is eluding the common man, including the vulnerable sections of society.
Way forward
- The new Chief Justice must seriously introspect and free himself of the bias in constituting benches and allocating cases and take concrete steps to revitalise the administration of justice.
- Only then will the rule of law be restored and the Constitution served.
Consider the question “Examine the inherent and fundamental challenges faced by the judiciary in India. Suggest the measures to deal with these challenges.”
Conclusion
The Chief Justice of India on account of the position he holds as paterfamilias of the judicial fraternity, was suspected by none other than Dr B R Ambedkar. Let us hope the new Chief Justice makes serious efforts to prove otherwise.
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: Not much
Mains level: Paper 2- Role of data in shaping the global order
Digital data revolution
- The Industrial Revolution restructured the global manufacturing order to Asia’s disadvantage.
- But in the ‘Digital Data Revolution’, algorithms requiring massive amounts of data determine innovation, the nature of productivity growth, and military power.
- Mobile digital payment interconnections impact society and the international system, having three strategic implications.
3 implications of mobile digital payment interconnections
1) Symbiotic nature of military and civilian system
- Because of the nature and pervasiveness of digital data, military and civilian systems are symbiotic.
- Cybersecurity is national security, and this requires both a new military doctrine and a diplomatic framework.
2) Productivity advantage of data to Asia
- The blurring of distinctions between domestic and foreign policy and the replacement of global rules with issue-based understanding converge with the growth of smartphone-based e-commerce, which ensures that massive amounts of data give a sustained productivity advantage to Asia.
3) India can negotiate new rules as an equal with US and China
- Data streams are now at the centre of global trade and countries’ economic and national power.
- India, thus, has the capacity to negotiate new rules as an equal with the U.S. and China.
How data shaped US-China relations
- Innovation based on data streams has contributed to China’s rise as the second-largest economy and the “near-peer” of the U.S.
- The national security strategy of the U.S. puts more emphasis on diplomacy than military power to resolve conflicts with China, acknowledging that its military allies have complex relationships with Beijing, as it seeks to work with them to close technology gaps.
- China’s technology weakness is the dependence on semiconductors and its powerlessness against U.S. sanctions on banks, 5G and cloud computing companies.
- But China’s digital technology-led capitalism is moving fast to utilise the economic potential of data, pushing the recently launched e-yuan and shaking the dollar-based settlement for global trade.
How global strategic balance will be shaped by data standard
- China has a $53-trillion mobile payments market and it is the global leader in the online transactions arena, controlling over 50% of the global market value.
- India’s Unified Payments Interface (UPI) volume is expected to cross $1 trillion by 2025.
- The U.S., in contrast, lags behind, with only around 30% of consumers using digital means and with the total volume of mobile payments less than $100 billion.
- The global strategic balance will depend on new data standards.
- The U.S., far behind in mobile payments, is falling back on data alliances and sanctions to maintain its global position.
India’s role in digital economy
- With Asia at the centre of the world, major powers see value in relationships with New Delhi.
- India fits into the U.S. frame to provide leverage.
- China wants India, also a digital power, to see it as a partner, not a rival.
- And China remains the largest trading partner of both the U.S. and India despite sanctions and border skirmishes.
Way forward for India
- India, like China, is uncomfortable with treating Western values as universal values and with the U.S. interpretation of Freedom of Navigation rules in others’ territorial waters.
- New Delhi’s Indo-Pacific vision is premised on “ASEAN centrality and the common pursuit of prosperity”.
- The European Union recently acknowledged that the path to its future is through an enhanced influence in the Indo-Pacific, while stressing that the strategy is not “anti-China”.
- The U.S. position in trade, that investment creates new markets, makes it similar to China’s Belt and Road Initiative.
Conclusion
India alone straddles both U.S. and China-led strategic groupings, providing an equity-based perspective to competing visions. It must be prepared to play a key role in moulding rules for the hyper-connected world, facing off both the U.S. and China to realise its potential of becoming the second-largest economy.
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: Not much
Mains level: Paper 2- Covid vaccination policy and issues with it
The article deals with the issues of different prices set for the Covid vaccine and its implications.
Understanding the positive and negative externalities
- Vaccines have a positive externality; it is a good whose consumption benefits not just the one who has it.
- A vaccinated person is not only relatively protected against the disease himself/herself, but also less likely to transmit it to others.
- Usually, a person getting vaccinated takes into account only his/her own cost and benefit, while ignoring the fact that he/she lowers the chances of infecting others.
- It is the opposite of smoking, which has “negative externality”.
- Since every individual ignores the full set of benefits/costs from consuming goods with positive/negative externalities, the market isn’t always the most efficient mechanism for allocation of such goods.
- That is a key reason why governments treat goods having large positive externalities as “public goods” and provide these while factoring in the full costs and benefits to society.
Analysing the issues with vaccine policy
1) Vaccine inequality
- It requires vaccine manufacturers to supply 50 per cent of their production to the Centre at controlled prices, while allowing them to sell the remaining half in the open market including to state governments at pre-announced “self-set” prices.
- To start with, the new policy can lead to differential access to the vaccine.
- Manufacturers are supposed to “transparently declare” their prices in advance for their 50 per cent supply to the open market.
- But there is no limit per se on the retail price they would charge.
- This could lead to a whole range of prices and vaccine inequality, apart from diversion of supplies from the controlled low-price government centres to the open market.
- So, we may well have scarcity in the “mass” segment co-existing with a glut in the “elite” segment.
- There is also concerns about economic efficiency and the potential for market failure.
2) Economic efficiency and potential for market failure
- Imagine there are two sets of people in India.
- The first consists of those who are better off and can afford to stay back or work from home.
- This lot is also less likely to cause infection to others.
- The second set is mostly blue-collar workers, small traders, vendors and agriculturists.
- The nature of their work — on the shop floor or in the field — makes them naturally prone to infect others.
- It follows, then, that society gains from first vaccinating the latter, as they have a higher negative externality.
- The market will ignore those with lower purchasing power, despite them having a higher probability of spreading the disease.
- In fact, the bigger the income difference between the two segments, the greater will be the extent of market failure from simultaneous over-provisioning and under-provisioning.
Way forward
- The solution could be a single price to be paid to vaccine makers for all the doses that they supply.
- The price should be high enough to stimulate them to rapidly ramp up production.
- Those government should pay directly to the vaccine maker or the hospital administering the dose for those without sufficient means.
- The suggested solution is similar to the fertiliser subsidy, which is now disbursed to companies only after actual sales to farmers.
Consider the question “What policy should be followed for the vaccination in the country? What are the issues with the curent policy which involved different price for government and for open market.”
Conclusion
A single price for Covid-19 vaccines will stimulate production, ensure efficient vaccination.
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: Covaxin and Covishield
Mains level: Paper 2- Breakthrough infections
Breakthrough infection
- ICMR said that a small fraction of those vaccinated with either Covaxin or Covishield have tested positive (i.e. breakthrough” infections).
- However, these instances do not undermine the efficacy of the vaccines.
- The immune response begins to develop usually two weeks after every dose and there are variations within individuals, too.
- Of the 9.3 million who received the first dose of Covaxin, 4,208 tested positive; and of the 1.7 million who received the second dose, 695 tested positive.
- For Covishield, of the 100.3 million who received the first dose, 17,145 tested positive; and of the 15 million who got the second dose, 5,014 tested postive.
What explains infections after vaccination
- Healthcare and frontline workers, who were among the first to be vaccinated, were as a population far more exposed to the virus and therefore more susceptible.
- Secondly, the emergence of “the highly transmissible second wave (newer variants) ” may have contributed to instances of infection among those vaccinated.
- Several variants, which have mutations that have been shown to avoid detection by the immune system, and in some cases reduce the efficacy of vaccines, have been reported globally, including in India.
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: Not much
Mains level: Paper 2- Protecting the police from political interference
The article suggests the need for reforms in the process of appointment to the police chief to ensure the political neutrality of the police.
Process of appointing and removing police chief
- A crucial way in which governments exercise control over the State police is through their unregulated power to decide who the chief will be.
- There is no independent vetting process to assess the suitability of qualified candidates, and the government’s assessment, if it is done at all, remains opaque and is an exercise behind closed doors.
- The moot reform issue is in ensuring the right balance between the government’s legitimate role in appointing or removing the police chief with the need to safeguard the chief’s operational autonomy.
Need for reforms
Two elements are vital to reforms in this area.
1) Shift the responsibility to independent oversight body of which government is one part
- The National Police Commission (NPC) (1979), and the Supreme Court in its judgment in 2006, in the Prakash Singh case suggested establishing a state-level oversight body with a specified role in the appointment and removal of police chiefs.
- While the Supreme Court entrusted the Union Public Service Commission (UPSC) with a role in shortlisting candidates from which the State government is to appoint the police chief.
- However, the Model Police Bill, 2015 places the responsibility with a multiparty State Police Board, also referred to as the State Security Commission (SSCs) instead.
No compliance with SC directive in the formation of SSC
- While 26 States and the Union Territories have established SSCs, not a single one adheres to the balanced composition suggested by the top court.
- Some do not include the Leader of the Opposition; others neither include independent members nor follow an independent selection process of the members.
- In essence, the commissions remain dominated by the political executive.
- Moreover, in as many as 23 States, governments retain the sole discretion of appointing the police chief. Assam, Jharkhand, Karnataka, Meghalaya and Mizoram are the only States where, on paper, the SSC is given the responsibility of shortlisting candidates.
2) Need for transparency
- The second element critical to police reforms is instituting an independent and transparent selection and decision-making process around appointment and removal, against objective criteria.
- On appointments, the Court and the Model Police Act require the UPSC/SSC to shortlist candidates on the basis of length of service, service record, and range of experience and a performance appraisal of the candidates over the past 10 years.
- However, no further guidance has been developed on explaining these terms or specifying their elements.
- Similarly, no scrutiny process has been prescribed to justify removals from tenure posts.
- The National Police Commission had required State governments to seek the approval of the State Security Commission before removing the police chief before the end of term.
- This important check was diluted under the Prakash Singh judgment that only requires governments to consult the SSC.
- Most States omit even this cursory step.
- The Supreme Court has rightly emphasised that “prima facie satisfaction of the government” alone is not a sufficient ground to justify removal from a tenure post in government, such as that of the police chief (T.P. Senkumar vs Union of India, 2017).
- The rule of law requires such decisions be for compelling reasons and based on verifiable material that can be objectively tested.
Way forward
- Clear and specific benchmarks need to be integrated into decision-making processes, both on appointments and removals, to prevent politically motivated adverse actions.
- In improving transparency the United Kingdom provides a useful example by introducing public confirmation hearings as an additional layer of check for the appointment of the heads of their police forces.
Consider the question “Examine the status of compliance of the states to the directives of the Supreme Court with respect to the constitution of State Security Commission in the Prakash Singh case.”
Conclusion
Reforms are needed on urgent to ensure fairness in administrative decisions and to protect the political neutrality of the police. Any further delay in implementing reforms in this area will continue to demoralise the police and cripple the rule of law.
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: Green hydroge
Mains level: Paper 2- Scaling up green hydrogen manufacturing capacity in India
Green hydrogen could help significantly in India’s transition to low carbon future. However, there are several challenges in ramping up its manufacturing. The article suggests measures to deal with these challenges.
Increasing the production of green hydrogen
- India will soon join 15 other countries in the hydrogen club as it prepares to launch the National Hydrogen Energy Mission (NHEM).
- India will soon join 15 other countries in the hydrogen club as it prepares to launch the National Hydrogen Energy Mission (NHEM).
- In 2030, according to an analysis by the Council on Energy, Environment and Water (CEEW), green hydrogen demand could be up to 1 million tonnes in India across application in sectors such as ammonia, steel, methanol, transport and energy storage.
Dealing with challenges
Several challenges in scaling up to commercial-scale operations persist. Following are five recommendations.
1) Decentralise green hydrogen production
- Decentralised hydrogen production must be promoted through open access of renewable power to an electrolyser (which splits water to form H2 and O2 using electricity).
- Currently, most renewable energy resources that can produce low-cost electricity are situated far from potential demand centres.
- Producing oxygen at such locations and then shipped, it would significantly erode the economics of it.
- A more viable option would be wheeling electricity directly from the solar plant.
- However, the electricity tariffs could double when supplying open-access power across State boundaries.
- Therefore, operationalising open access in letter and spirit, as envisioned in the Electricity Act, 2003, must be an early focus.
2) Ensure access to round-the-clock renewable power
- To minimise intermittency associated with renewable energy, for a given level of hydrogen production capacity, a green hydrogen facility will store hydrogen to ensure continuous hydrogen supply.
- Therefore, as we scale up to the target of having 450 GW of renewable energy by 2030, aligning hydrogen production needs with broader electricity demand in the economy would be critical.
3) Blending green hydrogen in industrial sector
- We must take steps to blend green hydrogen in existing processes, especially the industrial sector.
- Improving the reliability of hydrogen supply by augmenting green hydrogen with conventionally produced hydrogen will significantly improve the economics of the fuel.
- This will also help build a technical understanding of the processes involved in handling hydrogen on a large scale.
4) Facilitate investment
- Policymakers must facilitate investments in early-stage piloting and the research and development needed to advance the technology for use in India.
- The growing interest in hydrogen is triggered by the anticipated steep decline in electrolyser costs.
- Public funding will have to lead the way, but the private sector, too, has significant gains to be made by securing its energy future.
5) Focus on domestic manufacturing
- India must learn from the experience of the National Solar Mission and focus on domestic manufacturing.
- Establishing an end-to-end electrolyser manufacturing facility would require measures extending beyond the existing performance-linked incentive programme.
- India needs to secure supplies of raw materials that are needed for this technology.
- Further, major institutions like the DRDO, BARC and CSIR laboratories have been developing electrolyser and fuel-cell technologies.
Consider the question “Even before it has reached any scale, green hydrogen has been anointed the flag-bearer of India’s low-carbon transition. In lights of this, examine the challenges India faces in scaling up its green hydrogen production and suggest the ways to deal with these challenges.”
Conclusion
Hydrogen may be lighter than air, but it will take some heavy lifting to get the ecosystem in place.
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: ESIS and EPF
Mains level: Paper 3- ESIS and EPF
The idea of welfare state
- Covid reminds us that a modern state is a welfare state as governments worldwide launched 1,600 plus new social protection programmes in 2020.
- Sustainable social security lies in raising India’s 138th ranking in country per-capita GDP.
- However, on the social security schemes, there is a case for three reforms to our biggest health insurance and pension schemes:
- These schemes are the Employee State Insurance Scheme (ESIS) and Employee Provident Fund (EPF).
Issues with ESIS
- The Employee State Insurance Scheme (ESIS) is India’s richest and biggest health insurance scheme with 13 crore people covered and Rs 80,000 crore in cash.
- Employers with more than 10 employees make a mandatory 4 per cent payroll deduction for employees earning up to Rs 21,000 per month.
- Despite covering roughly 10 per cent of India’s population, a recent working paper from Dvara Research suggests high dissatisfaction.
- The constraint is hardly resources: ESIC’s unspent reserves are larger than the Central government’s healthcare budgetary allocation.
Issues with EPF
- EPF is India’s biggest pension scheme with a Rs 12 lakh crore corpus and 6.5 crore contributors.
- Employers with more than 20 employees make mandatory 24 per cent payroll deductions for employees earning up to Rs 15,000 per month.
- It only covers 10 per cent of India’s labour force and 60 per cent of accounts and 50 per cent of registered employers are inactive.
- EPF offers poor service and pathetic technology despite employer-funded administrative costs that make it the world’s most expensive government securities mutual fund.
Updating the risk-sharing frameworks in society
- In a book titled What We Owe Each Other: A New Social Contract, Nemat Shafik suggests updating the risk-sharing framework in societies.
- This is because current structures are breaking up under the weight of changes in the role of women, longer careers, technology, globalisation, and much else.
- She suggests a more nuanced social security redistribution across time (the piggy bank function), incomes (the Robin Hood function), and financial burden-bearing (the state, individuals, or employers).
- In India, the answer lies in fixing the problems of EPF and ESIS.
Solution to the EPF and ESIS problems
- Both suffer from poor coverage, high costs, unsatisfied customers, metrics confused with goals, jail provisions, excessive corruption, low expertise, rude and unaccountable staff with no fear of falling or hope of rising, and no competition.
Let’s look at possible solutions.
1) Structure
- EPF and ESIS combine the roles of policymaker, regulator, and service provider.
- Splitting roles is a precondition for performance because goals, strategy, and skills are different.
- An independent policymaker horrified with only 6 lakh of India’s 6.3 crore enterprises covered would create competition.
- An independent regulator terrified by ESIS overcharging would frown on a claims ratio of less than 75 per cent.
- An independent service provider would invest heavily in technology, customer service, and human capital.
- Splitting roles would lead to the following benefits:
- 1) Competition from NPS for EPF.
- 2) Ending VIP opt-out by merging CGHS with ESIS,
- 3) Raising enforceability by making employee provident fund contribution voluntary.
- 4) Improving portability by de-linking accounts from employers.
- 5) Targeting universalisation by simultaneously ending minimum employer head-count and employee salary contribution thresholds while introducing absolute contribution caps.
- The Health and Finance Ministry would be logical homes for ESIS and EPF policy roles.
2) Governance
- The governing board of ESIS and EPFO have 59 and 33 members respectively.
- Such a large group can’t have meaningful discussions, make decisions, and exercise oversight.
- This governance deficit needs smaller boards (not more than 15), age limits, term limits, expertise, active sub-committees (HR, Investments, and technology) and real powers.
3) Leadership
- Health and pensions need complex skills developed over time.
- Yet, ESIS and EPF are led by generalist bureaucrats.
- Both organisations need professional chief executives.
- Philosopher Isaiah Berlin’s framing of the generalist vs specialist debate as hedgehogs (who know one thing) and foxes (who know many things) is important.
- A less generalist, non-transitory, and non-cadred chief executive would create a new tone-from-the-top around performance management, technology, and service outcomes.
Conclusion
Social security — not a borrowing binge that steals from our grandchildren — can blunt structural and COVID inequality when combined with complementary policies like formalisation, financialisation, urbanisation, and better government schools. But a great place to start is three flick-of-pen, non-fiscal reforms at EPF and ESIS.
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: FDI restrictions on e-commerce
Mains level: Paper 3- FDI in e-commerce
We need a comprehensive FDI policy on trade to take care of the needs of all the stakeholders. The article highlights the issues faced by the e-commerce sector in relation to the FDI policy.
E-commerce as an enabler
- With their efficient, quick and reliable logistics network, e-commerce platforms have nudged consumer behaviour patterns from an offline to an online shopping mode.
- During the pandemic, e-commerce emerged as an enabler in ensuring the availability of essentials to the masses.
- E-commerce is going to be increasingly important in the future of retail shopping in India and the world over.
- It is estimated to become a $100 billion industry by 2024, which was at $38.5 billion until 2017.
- The trend will continue to grow with the government’s impetus on digital literacy, also supported by the increasing penetration of internet and smartphone users.
- However, what the sector lacks is the bandwidth of operation.
Issues with FDI policy for e-commerce
- In addition to the FDI Policy/FEMA, other laws such as IT Act, Consumer Protection Act, and those pertaining to IP and copyright, regulate the e-commerce sector in India.
- Of these, the FDI policy plays an important role as massive investments are needed to build and strengthen the entire ecosystem of the e-commerce sector in the country.
- FDI policies on trade have evolved over time as policy-making was done from time to time mostly responding to the needs of the market coupled with political feasibility.
- Thus, FDI policy in cash and carry or wholesale B2B operations is different (100 per cent FDI allowed under automatic route) compared to highly restrictive FDI policy on retail B2C trade.
- Similarly, an artificial distinction was created between single-brand retail and multi-brand retail as opposition to multi-brand retail was strong: 100 per cent FDI is allowed under automatic route in single-brand retail whereas FDI regime in multi-brand retail is quite restricted.
- E-commerce is not allowed under FDI policy in multi-brand retail.
- The FDI policy on e-commerce is quite different as e-commerce platforms are allowed to work only as a marketplace with permission to provide certain specified services to sellers and buyers.
- However, FDI is allowed in the inventory model when these platforms sell fresh farm produce made in India.
- There is no specific policy on FDI in e-commerce for exports.
Need for comprehensive FDI policy for trade
- The rapid expansion of the retail, organised retail as well e-commerce sector in India in the coming years will create huge opportunities for all.
- The policies that have evolved over time need a relook to balance the interests of all in a win-win policy.
- Today, our small businesses employing an exceptionally large number of workers need to use e-commerce more and more to augment their sales.
- E-commerce provides them with the means to access a much bigger market without having to overly invest in marketing. This should include more and more foreign markets.
- Consumers have benefited enormously from e-commerce.
- Also, the harmonious working of online and offline retailers is essential.
- With GST and the drive towards digitisation, more small traders need to be enabled to make the transition and take advantage of the expanding opportunities.
Consider the question “Why e-commerce sector is important for the economy of a country? What are the issues the sector faces in India?”
Conclusion
Public policy on e-commerce needs to place an equal premium on the views and interests of all the stakeholders in the ecosystem to strengthen our domestic businesses and create many more jobs and livelihood opportunities in the country to fulfil the dreams of Atmanirbhar Bharat.
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: Not much
Mains level: Paper 3- Factors making Naxal moment a complex security challenge
The article explains the issues with the two common themes adopted for explaining the Naxal movement in India.
Two approaches to explain Naxal movement
1) Root cause and alienation approach
- The recent attack in and around Tekulagudem village in Sukma district demonstrates the threat posed by Maoists.
- The post-incident analysis of such setbacks comes in two flavours.
- The most popular theory amongst our intelligentsia and media is the root cause and alienation approach.
- This approach states that it is the failure of the Indian state to provide economic development and social justice to the tribals living in these areas that has fuelled the Naxal movement and sustained it for five decades.
- As a prescription, a development-centric approach and negotiations are suggested as the way forward.
Issues with root cause and alienation approach
- There are several problems with this approach.
- First, it ignores the ideological foundations of the movement, specifically its rejection of India’s Constitution and democracy.
- Second, it fails to see that social and economic deprivation is not unique to the jungles of Chhattisgarh.
- Third, it doesn’t account for the possibility that while alienation and deprivation may help in igniting the spark of revolution, once lit the flames draw oxygen from many sources.
- Fourth, the role of external forces in fomenting and sustaining this movement is deliberately underplayed.
- Fifth, the grubby ground reality of the praxis of revolution is conveniently swept under the carpet.
- The organised extortion racket from all economic stakeholders in the Naxal-affected areas by our alienated revolutionaries seldom gets talked about.
- Sixth, the extensive ideological, financial and logistical ecosystem that provides sustenance to these revolutionaries in the jungle is seldom acknowledged.
2) Leadership issue
- According to this view, our tactical failures against the Maoists are entirely due to the poor quality of leadership provided by the Indian Police Service.
- The when, where, how of a setback simply don’t matter.
- When in doubt, identify the first IPS officer in the chain of command and hoist him on the petard of tactical incompetence.
- This view completely ignores the many successes of IPS leadership in counterinsurgency operations in Punjab, Andhra Pradesh, Uttar Pradesh and most recently in Odisha.
- Even in the Northeast and Jammu and Kashmir, where the Indian Army provides the backbone of the counterinsurgency grid, the police forces of the respective states and their IPS leadership play a crucial role in gathering intelligence and in executing operations.
- So, the failures and setbacks in the Naxal areas of Chhattisgarh need to be placed in perspective.
Way forward
- The fact that the Indian state has adopted a broad policy of economic development, military restraint and gradual attrition and rejected indiscriminate violence in the Naxal theatre is the democratically prudent and morally just course of action.
- This hasn’t dissuaded Maoist sympathisers from gaining international attention through relentless propaganda against our security forces.
- However, such attacks also help in exposing their true nature and hardening public resolve against them.
- \We have enough examples of successful, police led CI Ops in our country.
- Why we are not able to replicate these successes in Chhattisgarh is a matter of larger political issues, well beyond the narrow scope of operational tactics and individual lapses of police leadership.
- Not just the politics, the geography and demography of the Naxal-affected areas, make it an even more complex challenge of internal security.
Consider the question “What are the factors that make Naxal movement a persistent threat to India’s internal security? ”
Conclusion
Not just the politics, the geography and demography of the Naxal-affected areas, make it an even more complex challenge of internal security.
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: Article 123, Article 213 of the Indian Constitution
Mains level: Paper 2- Issues with the repromulgation of ordinances
Repromulgation of ordinances raises several questions and it also goes against the Supreme Court judgement. The article explains the issues involved.
Ordinance route and issues with it
- The central government has repromulgated the ordinance that establishes a commission for air quality management in the National Capital Region.
- This raises questions about the practice of issuing ordinances to make law, and that of re-issuing ordinances without getting them ratified by Parliament.
- Law making is a legislative function, this power is provided for urgent requirements, and the law thus made has an automatic expiry at the end of six weeks from the time Legislature next meets.
How frequent is the use of ordinance route
- In the 1950s, central ordinances were issued at an average of 7.1 per year.
- The number peaked in the 1990s at 19.6 per year, and declined to 7.9 per year in the 2010s.
- The last couple of years has seen a spike, 16 in 2019, 15 in 2020, and four till now this year.
- States have also been using the ordinance route to enact laws.
- For example, in 2020, Kerala issued 81 ordinances, while Karnataka issued 24 and Maharashtra 21.
- Kerala has also repromulgated ordinances.
What the Supreme Court said
- The issue was brought up in the Supreme Court through a writ petition by D.C. Wadhwa.
- He found out that Bihar had issued 256 ordinances between 1967 and 1981, of which 69 were repromulgated several times, including 11 which were kept alive for more than 10 years.
- A five-judge Constitution Bench of the Supreme Court, in 1986, ruled that repromulgation of ordinances was contrary to the Constitutional scheme.
- The judgment did not stop the practice.
- Instead, the Centre also started to follow the lead of Bihar.
- For example, in 2013 and 2014, the Securities Laws (Amendment) ordinance was promulgated three times.
- Similarly, an ordinance to amend the Land Acquisition Act was issued in December 2014, and repromulgated twice – in April and May 2015.
- The matter came up again in the Supreme Court in 2017, a seven-judge Constitution Bench declared this practice to be unconstitutional and declared it to be a fraud on the Constitution.
- Even this judgment has been ignored.
- The Indian Medical Council Amendment Ordinance was issued in September 2018, and reissued in January 2019.
Way forward
- Ordinances are to tackle exigencies when the legislature is not in session, and expire at the end of six weeks of the next meeting of the legislature.
- This time period is given for the legislature to decide whether such a law is warranted.
- Repromulgation is not permitted as that would be a usurpation of legislative power by the executive.
- As governments, both at the Centre and States, are violating this principle, the legislatures and the courts should check the practice.
- By not checking this practice, the other two organs are also abdicating their responsibility to the Constitution.
Consider the question “What are the issues with the repormulgation of ordinances by the government? Suggest the measures to deal with the issue.”
Conclusion
As the Supreme Court said, repromulgation would most certainly be a colourable exercise of power for the Government and it needs to be avoided.
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: Not much
Mains level: Paper 2- Importance of Afghanistan in regional strategic matrix
The article highlights how players at 3 levels: global, regional and local level influence Afghan dynamics.
Role of global powers in Afghanistan
1) What the US exit from Afghanistan mean
- The exit of US and NATO forces from Afghanistan underlines the end of the unipolar moment in international affairs.
- Ending US military involvement, however, does not necessarily make Washington marginal to the future evolution of Afghanistan.
- The US remains the most significant global power even after the end of the unipolar moment.
- Its ability to weigh in on multiple issues is considerable.
- President Joe Biden is under some pressure at home not to be seen as abandoning Afghanistan.
- Nor can the US President ignore the dangers of Afghanistan re-emerging as a breeding ground for international terrorism.
- The US will figure prominently in any Taliban strategy to win international diplomatic recognition and political legitimacy.
- It will also need Western economic assistance for stabilising the war-torn country.
2) Russia’s role in Afghanistan
- Russia is determined to play an important role in the future of Afghanistan.
- As a member of the UNSC, the joint leader of the Shanghai Cooperation Organisation with China, and a major source of weapons, Russian clout is real.
- Above all, Putin brings plenty of political will to compensate for Moscow’s loss of superpower status as we have seen across the world, from Venezuela to Myanmar and Mozambique to Syria.
3) How China will benefit from the US withdrawal
- If the US is a distant power, China is Afghanistan’s neighbour.
- Unlike Russia, China can deliver massive economic resources to Afghanistan under the umbrella of the Belt and Road Initiative.
- China’s expanding relations with the different nations of the Gulf and Central Asia and a deep partnership with Pakistan lends much potential depth to Beijing’s role in Afghanistan.
- Both Kabul and the Taliban have seen China as a valuable partner in the pursuit of their divergent interests.
- Beijing has often talked of extending the China Pakistan Economic Corridor to Afghanistan.
- However, China is vulnerable to the extremist politics of the region that fan the flames of religious and ethnic separatism in its Xinjiang province.
Regional powers influencing Afghan dynamics
- One of the biggest concern about the Afghan future is the kind of influence Islamic radicals might regain in the country under Taliban rule and its consequences for the subcontinent, Central Asia, and the Middle East.
- Pakistan and Iran, which share long physical borders, have had the greatest natural influence on land-locked Afghanistan.
- When the Taliban ruled Afghanistan, Saudi Arabia and the UAE were the only countries other than Pakistan to recognise the government-run by its leader, Mullah Omar.
- They have taken a back seat in the current round of Afghan diplomacy, but would certainly return to the centre stage sooner than later.
- Meanwhile, bold Qatar and ambitious Turkey have injected themselves into the Afghan jousting.
Influence of local actors
- The local actors in Afghanistan have agency of their own.
- All of them know how to manipulate external powers for their own ends in Afghanistan.
- The image of the Taliban as a creature of the Pakistan army is misleading, the Taliban is quite capable of making independent deals with the rest of the world.
- The Taliban’s opponents, too, are likely to fight for their interests and will seek out external partners.
Consider the question “Discarding old hesitations and building new geopolitical coalitions will be critical for a successful Indian engagement with the Afghan microcosm. Comment.”
Conclusion
Several contentions unfolding in and around Afghanistan promise to reorder the region again. Delhi needs much strategic activism to secure its interests and promote regional stability in this flux.
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: CAATSA
Mains level: Paper 2- India-Russia relations
Avoiding military alliances and retaining its strategic autonomy could help India play an important role in geopolitics at the same time maintaining the diversity in its relationships.
Transformation in India-Russia relations
- The principal objective of the Russian Foreign Minister was to prepare the ground for the visit of President Vladimir Putin later this year.
- The Indian perspective on the Indo-Pacific was conveyed to the Foreign Minister of Russia.
- India insists that its Indo-Pacific initiatives seek a cooperative order, that the Quad is not the nucleus of a politico-military alliance.
- A $1 billion Indian line of credit for projects in the Russian Far East and activation of a Chennai-Vladivostok maritime corridor were announced in 2019.
- The message was that India’s effort to restrain Chinese aggression is compatible with Russia’s vision of a Eurasian partnership.
- Russia remains unconvinced, either because it feels India’s words do not match its actions or because of its close ties with China.
China factor in India-Russia relations
- India is concerned about Russia’s China embrace, encompassing close political, economic and defence cooperation: Russia accounted for 77% of China’s arms imports in 2016-20.
- India’s apprehensions about their technology- and intelligence-sharing were heightened by Mr. Putin’s remark that he would not rule out a future Russia-China military alliance.
Russia-Pakistan relations
- Foreign Minister visited Pakistan directly after India — the first time a Russian Minister has done so.
- .He confirmed that Russia would strengthen Pakistan’s “counter-terrorism capability” .
- Russia is now Pakistan’s second-largest defence supplier, accounting for 6.6% of its arms imports in 2016-20.
- Their cooperation includes joint “counter-terrorism” drills and sharing perspectives on military tactics and strategic doctrines.
Factors to consider about defence cooperation with Russia
- Despite being a major defence supplier of China and Pakistan, Russia remains a major supplier of cutting-edge military technologies to India.
- The Stockholm International Peace Research Institute (SIPRI) records that Russia supplied 49% of India’s arms imports in 2016-20.
- SIPRI estimates that recent orders for Russian arms could boost future import figures. T
- his is a reality check.
- Defence cooperation is not a transactional exchange. Sharing of technologies and strategies is underpinned by a mutual commitment to protection of confidentiality.
- Sustainable defence cooperation is based on a credible assurance that what is transferred to our adversaries will not blunt the effectiveness of our weapons systems.
- In this already complex mix, the American sanctions legislation, CAATSA (Countering America’s Adversaries Through Sanctions Act), adds an external layer of complexity.
Criticality of geography influence India’s relationship with Russia and China
- The Eurasian landmass to India’s north is dominated by Russia and China.
- Strategic and security interests in Central Asia, West Asia and Afghanistan dictate our engagement with the region and the connectivity projects linking it, like the International North-South Transport Corridor through Iran.
- India cannot vacate this space to a Russia-China condominium (with Pakistan in tow), without potentially grave security consequences.
The broader geopolitical context
- The principal element in this is the drive for the superpower status of a powerful, assertive China.
- The U.S., as the pre-eminent superpower, seeks to retard this process.
- In a deviation from classical geopolitical strategy, the U.S. is taking on both China and Russia.
- This move is driving Russia and China together and arguably accelerating the move to bipolarity.
- Even so, the differentials in military, economic and political power across countries may complicate the emergence of two clear poles of the Cold War variety.
- A decline in Western hostility to Russia could add to the complexity, if Russia takes the opportunity to loosen the Chinese embrace and position itself as a pole in the multipolar world.
Consider the question “The depth of India’s relationship with Russia will depend on the willingness and capacity of both countries to show mutual sensitivity to core security concerns. Comment.”
Conclusion
India has to explore the space within these processes to maximise its global influence by steering clear of alliances and retaining the autonomy of policy.
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: Agriculture households in India
Mains level: Paper 3- Need to focus on India's actual farming population
The article highlights the ambiguity about the number of farmers in India and related issues.
How many farmers does India really have
- The Agriculture Ministry’s last Input Survey for 2016-17 pegged the total operational holdings at 146.19 million.
- The NABARD All India Rural Financial Inclusion Survey of the same year estimated the country’s “agricultural households” at 100.7 million.
- The Pradhan Mantri Kisan Samman Nidhi (PM-Kisan) has around 111.5 million enrolled beneficiaries.
- Agricultural households, as per NABARD’s definition, cover any household whose value of produce from farming activities is more than Rs 5,000 during a year.
- That obviously is too little to qualify as living income.
Who is real farmer
- Agricultural households, as per NABARD’s definition, cover any household whose value of produce from farming activities is more than Rs 5,000 during a year.
- That obviously is too little to qualify as living income.
- A “real” farmer is someone who would derive a significant part of his/her income from agriculture.
- This, one can reasonably assume, requires growing at least two crops in a year.
- The 2016-17 Input Survey report shows that out of the total 157.21 million hectares (mh) of farmland with 146.19 million holdings, only 140 mh was cultivated.
- And even out of this net sown area, a mere 50.48 mh was cropped two times or more, which includes 40.76 mh of irrigated and 9.72 mh of un-irrigated land.
- Taking the average holding size of 1.08 hectares for 2016-17, the number of “serious full-time farmers” cultivating a minimum of two crops a year would be hardly 47 million.
- The above figure is also consistent with other data from the Input Survey.
- These pertain to the number of cultivators planting certified/high yielding seeds (59.01 million), using own or hired tractors (72.29 million) and electric/diesel engine pumpsets (45.96 million), and availing institutional credit (57.08 million).
- Whichever metric one considers, the farmer population significantly engaged and dependent on agriculture as a primary source of income is well within 50-75 million.
- The current agriculture crisis is largely about these 50-75 million farm households.
Lack of price parity
- At the heart of farmers’ crisis is the absence of price parity.
- In 1970-71, when the minimum support price (MSP) of wheat was Rs 76 per quintal, 10 grams of 24-carat gold cost about Rs 185.
- Today, the wheat MSP is at Rs 1,975/quintal, gold prices are Rs 45,000/10g.
- The absence of farm price parity didn’t hurt much initially when crop productivity was rising.
- Since the 1990s, yields have further gone up to 5.1-5.2 tonnes/hectare in wheat and 6.4-6.5 tonnes for paddy. But so have production costs.
- The demand for making MSP a legal right is basically a demand for price parity that gives agricultural commodities sufficient purchasing power with respect to things bought by farmers.
Way forward
- Most government welfare schemes are aimed at poverty alleviation and uplifting those at the bottom of the pyramid.
- But there’s no policy for those in the “middle” and in danger of slipping to the bottom.
- When crop prices fail to keep pace with escalating costs — of not only inputs, but everything the farmer buys — the impact is on the 50-75 million surplus producers.
- Any “agriculture policy” has to first and foremost address the problem of price parity.
- Farmers’ interest be even better served by the government guaranteeing a minimum “income” rather than “price” support.
- Subsistence or part-time agriculturalists, on the other hand, would benefit more from welfare schemes and other interventions to boost non-farm employment.
Conclusion
Whether it is crop, livestock or poultry, agriculture policy has to focus on “serious full-time farmers”, most of them neither rich nor poor. This rural middle class that was once very confident of its future in agriculture today risks going out of business. That shouldn’t be allowed to happen.
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: Article 324
Mains level: Paper 2- Need for clarity on the powers of ECI
The article highlights the issue of lack of clarity on the extent of the power of the Election Commission of India.
Where ECI derives its power from
- Supreme Court held in Mohinder Singh Gill vs Chief Election Commissioner that Article 324 contains plenary powers to ensure free and fair elections.
- These plenary powers are vested in the ECI which can take all necessary steps to achieve this constitutional object.
- Thus, the model code of conduct has been issued in exercise of its powers under Article 324.
- Besides the code, the ECI issues from time to time directions, instructions and clarifications on a host of issues which crop up in the course of an election.
The model code of conduct
- The model code of conduct issued by the ECI is a set of guidelines meant for political parties, candidates and governments to adhere to during an election.
- This code is based on consensus among political parties.
- The model code is observed by all stakeholders for fear of action by the ECI.
- However, there exists a considerable amount of confusion about the extent and nature of the powers which are available to the ECI in enforcing the code as well as its other decisions in relation to an election.
Issues with model code of conduct
1) Issue of enforceability
- As the code of conduct is framed on the basis of a consensus among political parties, it has not been given any legal backing.
- A committee of Parliament recommended that the code should be made a part of the Representation of the People Act 1951.
- However, the ECI did not agree to it on the ground that once it becomes a part of the law, all matters connected with the enforcement of the code will be taken to court, which would delay elections.
- But then the question about the enforceability of the code remains unresolved.
- Paragraph 16A of the Election Symbols (Reservation and Allotment) Order, 1968 says that the commission may suspend or withdraw recognition of a recognised political party if it refuses to observe the model code of conduct.
- But it is doubtful whether this provision is legally sustainable.
- When the code is legally not enforceable, how can the ECI resort to a punitive action such as withdrawal of recognition?
2) Transfer of officials
- Observers of ECI report to it about the conduct of certain officials of the States where elections are to be held.
- Transfer of an official is within the exclusive jurisdiction of the government.
- It is actually not clear whether the ECI can transfer a State government official in exercise of the general powers under Article 324 or under the model code.
- Transfer of an official is within the exclusive jurisdiction of the government.
- It is actually not clear whether the ECI can transfer a State government official in exercise of the general powers under Article 324 or under the model code.
- Further, to assume that a police officer or a civil servant will be able to swing the election in favour of the ruling party is extremely unrealistic and naive.
3) ECI’s intervention in administrative decisions
- According to the model code, Ministers cannot announce any financial grants in any form, make any promise of construction of roads, provision of drinking water facilities, etc or make any ad hoc appointments in the government. departments or public undertakings.
- These are the core guidelines relating to the government.
- But in reality, no government is allowed by the ECI to take any action, administrative or otherwise, if the ECI believes that such actions or decisions will affect free and fair elections.
- A recent decision of the ECI to stop the Government of Kerala from continuing to supply kits containing rice, pulses, cooking oil, etc is a case in point.
- The Supreme Court had in S. Subramaniam Balaji vs Govt. of T. Nadu & Ors (2013) held that the distribution of colour TVs, computers, cycles, goats, cows, etc, done or promised by the government is in the nature of welfare measures and is in accordance with the directive principles of state policy, and therefore it is permissible during an election.
- So, how can the distribution of essential food articles which are used to stave off starvation be electoral malpractice?
Consider the question “The model code of conduct issued by the Election Commission of India is in the forms of guidelines and lacks legal backing. In light of this, examine the issues that arise due to the lack of legal backing.”
Conclusion
There is no doubt that the ECI, through the conduct of free and fair elections in an extremely complex country, has restored the purity of the legislative bodies. However, no constitutional body is vested with unguided and absolute powers.
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: GAVI
Mains level: Paper 2- Issues with vaccine diplomacy
Amid the second wave of covid pandemic, India’s decision to supply vaccine to foreign countries has been questioned from various quarters. The article deals with this issue.
Issue of vaccine supply to foreign countries
- While responding to a question Minister of State in the Ministry of External Affairs noted that India was sending these vaccines abroad in the form of grant, commercial sales of manufacturers GAVI’s COVAX facility.
- The supply to GAVI’s COVAX facility is an obligation since India is a member of this multilateral body and also a recipient of vaccines from this body.
- By doing this, India wishes to signal that it is a responsible global power which does not self-obsessively think of itself alone.
- This desire to be a good global citizen can be traced to the Objective Resolution moved by Jawaharlal Nehru in the Constituent Assembly on December 13, 1946.
- The premise of the ideal ‘Vasudhaiva Kutumbakam’ is no different to that of the Objective Resolution.
Factors to consider
- The government made estimates of the vaccines that could be sent abroad on the interplay of three factors: domestic production, the demands of the national vaccine programme and requests for vaccines manufactured in India.
- What is not known is how these factors were collectively addressed in the decision-making process.
- It is also argued that it was obligatory to send vaccines contracted under GAVI’s COVAX facility.
- However, sovereign states can always invoke supreme national interest to over-ride obligations.
- Certainly, the vaccines sent as grants were voluntary and the commercial contracts of the company concerned could always be disregarded under existing laws.
Conclusion
The government needs to convince Indians that the vaccine exports have not been made at the cost of their health.
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: Not much
Mains level: Paper 2- Multipolar global
With the declining American supremacy in the global order, the world is set for new global order led by the developing countries. The article deals with this rise of alternate global order.
Factors that explains decentred and pluralistic global order
- The international order is under threat of the rising economic power of the BRICS nations, with China dominating in its economic and military capacity.
- It is apparent that the future of global politics requires a significant agenda in the hands of the rising powers that are aggressively building a parallel economic order envisaging new centres of hegemonic power.
- It forebodes the final decline of American ascendancy.
- It was the Bandung Conference of 1955, a meeting of Asian and African states, most of which were newly independent, that set the schema for the rise of Asia, politically and economically.
- The confrontational stance was therefore the expected corollary in third world struggles to create a parallel order.
- America will continue to play a prime role in international affairs though its image representing universal brotherhood has sharply declined under the Trump regime.
- The rising tide of far-right ultra-nationalism and ethnic purity experienced in the Brexit phenomena, in Trumpism and in the promotion of the right-wing agenda in India, has set in motion the wearing down of liberal democracy.
- Other threats such as terrorism, ethnic conflicts and the warning of annihilation owing to climate change necessarily demand joint international action where American “exceptionalism” becomes an incongruity and an aberration.
- This indeed has chipped away at the American global supremacy.
- The world is, as a result, witness to a more decentred and pluralistic global order.
New world order led by developing countries
- Though pandemic has ravaged economies such as Brazil, India, Turkey and South Africa into a downward spiral, in the post-pandemic period, these economies would rise to meet the American-led liberal hegemonic world order.
- With China spearheading Asian regionalism, a serious challenge is possible.
- China must strengthen the opposition to the West through the promotion of regional multilateral institutions.
- More than having individual partners or allies, China must embrace and give a push to multilateral affiliations in order to not further exacerbate regional tensions.
- Power rivalry in a multipolar world would remain a possibility with military conflict not ruled out.
- However, the capabilities of the rising economies cannot be underestimated.
- China and India clearly have the age-old potential to lead as, historically, they have been pioneers of some of the oldest civilisations in the world.
- China is indisputably a serious rival to the U.S. in the South China Sea, a world leader in renewable energy, and a formidable actor on the global stage of investment and trade, penetrating India, Israel, Ethiopia and Latin America.
- Thus, a kind of dualism persists in the world order with no clear hegemony that can be bestowed on one single nation.
Conclusion
It is feared that there could be a possibility of a multipolar world turning disordered and unstable, but it is up to the rising nations to attempt to overcome territorial aspirations and strike a forceful note of faith on cultural mediation, worldwide legitimacy, and the appeal of each society in terms of its democratic values.
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: GDPR
Mains level: Paper 3- Data governance
The article explains the data governance norms we need to adopt to secure better societal outcomes.
Whatsapp privacy issue
- New terms of service circulated by WhatsApp, caused a stir among the user.
- It informed users that data about chats with business accounts would be shared with Facebook.
- These policies seemed unfair to India as they were not applicable to the European Union (EU), given their strong data protection policies.
Acceptable levels of data exchange
- Default norms provide power to the tech platforms to collect, analyse and monetize data with complete control.
- This undergirds business models that seem undesirable for society—with harms to privacy and free speech.
- Global discussions about alternatives to the “exchange of data for free services” are becoming nuanced.
3 Norms in the data governance
1) Recognition of individual and collective rights related to data
- It was generally accepted that extraction of data to access free services was a fair exchange with individuals.
- Emergence of existential threats related to privacy and democracy have highlighted the role of guaranteeing human and civil rights.
- There has been significant global progress through regulations on individual data rights.
- A United Nations Conference on Trade and Development (UNCTAD) report claims that 128 of 194 countries have put in place legislations for data protection and privacy.
- However, this protection is insufficient as it is centered on individuals and does not account for safety of groups.
- The next wave of data governance ideas will seek to protect collective harms and build on the foundation of individual agency and control.
2) Data sovereignty
- One-size-fits all global norms of data governance are changing and being replaced by region-specific ideas.
- Greater acceptance for “data sovereignty” assertions across India and Europe is a welcome shift towards crafting governance that is respectful of local nuances and inclusive of civic participation.
- The EU general data protection regulation (GDPR) had created an early lighthouse example.
- On the other hand, the US has adopted a light regulation approach—there is no comprehensive country-wide data protection law.
- Closer home, India is finalizing the contours of a country-wide and cross-sector personal data protection bill, which reflects local norms.
3) Value creation for all stakeholders
- So far, data economy has operated in a completely unregulated space, creating a “winner takes all” market, with concentrated profits and little contribution to local taxes.
- A healthy economy requires value creation for all stakeholders.
- As tech platforms take up the profitable role of acting as the gateway to all information and social connections, they have a greater accountability and responsibility to contribute to the economy.
- India’s digital tax through the 2% “equalization levy” is an attempt to make the tech giants pay for revenues earned in India.
Consider the question “What should be norms of data governance we must adopt for achieving better societal outcomes?”
Conclusion
Formal adoption of regulations and setting up of enforcement institutions will lead to meaningful progress in the right direction.
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: Eurasian Economic Union
Mains level: Paper 2- Multipolar world
Four middle powers: India, Japan, China and Turkey anchor the world to multipolarity. The article deals with this issue.
New cold war
- In respect of three crucial relationships, namely China, Russia and Iran, Mr. Biden is following in the footsteps of his predecessor.
- Mr. Biden has also extended his firm backing for the “Indo-Pacific” and the associated alignment — the Quadrilateral Security Dialogue, or Quad for short.
- The U.S. continues to view China as its principal adversary on the world stage and that it will use the Quad to challenge China in the Indo-Pacific.
- The U.S.’s hostility for Russia goes back to the latter’s war with Ukraine and the occupation of Crimea in 2014, followed by allegations of Russian cyber-interference in the U.S. presidential elections of 2016.
- U.S. animosity has encouraged China and Russia to solidify their relations.
- The two countries have agreed to harmonise their visions under the Eurasian Economic Union sponsored by Russia and China’s Belt and Road Initiative (BRI).
- This idea has now been subsumed under the ‘Greater Eurasian Partnership’ to which both are committed.
- Thus, the new Cold War is now being reflected in a new geopolitical binary — the Indo-Pacific versus Eurasia.
How middle powers can play an important role
- Four nations, Japan, Iran, Turkey and India, which, as “middle powers”, have the capacity to project power regionally, build alliances, and support (or disrupt) the strategies
- But all four seems to be already aligned.
- Japan and India are part of the Quad and have substantial security ties with the U.S.
- Iran has found strategic comfort with the Sino-Russian alliance.
- Turkey, a NATO member, has found its interests better-served by Russia and China rather than the U.S. and its European allies.
- So, why the uncertainty? The main reason is that, despite the allure, the four nations are not yet prepared to join immutable alliances.
Why the middle powers are reluctant to join alliances
1) India’s China concerns
- India has been expanding defence ties with the U.S. since 2016, by massive defence purchases and agreements on inter-operability and intelligence-sharing and frequent military exercises, as also the elevation of the Quad to ministerial level.
- This might have signalled to China that India was now irreversibly in the U.S. camp.
- But China has a point: while the Quad has made India a valuable partner for the U.S. in the west Pacific, neither the U.S. nor the Quad can address the challenges it faces at its 3,500-kilometre land border with China.
- Moreover, the U.S.’s intrusive approach on human rights issues ensures that India will need to manage its ties with China largely through its own efforts while retaining Russia as its defence partner.
2) Sino-Japan relations
- Japan has an ongoing territorial dispute with China relating to the Senkaku Islands in the East China Sea.
- But there is more to Sino-Japanese relations: in 2019, 24% of Japanese imports came from China, while 19% of its exports went to China, affirming the adage.
3) Why Iran is reluctant
- The crippling sanctions on Iran and the frequent threats of regime change make it a natural ally of the Sino-Russian axis.
- However, its strategic culture eschews long-term security alignments.
4) Why Turkey is reluctant to join
- Turkey is steady distancing from its western partners and increasing geopolitical, military and economic alignment with Russia and China.
- But Turkey still wishes to keep its ties with the U.S. intact and retain the freedom to make choices.
- Its “New Asia” initiative involves the strengthening of east-west logistical and economic connectivity backed by western powers and China.
Consider the question “What are the factors India need to consider as it deepens its involvement in the Quad?”
Conclusion
As the clouds of the new Cold War gathers over the world, these four nations could find salvation in “strategic autonomy” — defined by flexible partnerships, with freedom to shape alliances to suit specific interests at different times.
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: Pre-pack in IBC
Mains level: Paper 3- Pre-packs for MSME in IBC
The Insolvency and Bankruptcy Code was amended recently taking into account its creditor centric approach.
Introducing pre-packs for MSMEs
- IBC was amended last week, through an ordinance.
- The amendment sought to address a structural weakness in India’s resolution architecture by introducing the concept of pre-packs for micro, small and medium enterprises (MSMEs).
- The pre-packaged framework involves a privately negotiated contract between the promoters of a financially distressed firm and its financial creditors to restructure the company’s obligations.
- This contract is negotiated within the IBC architecture but before the commencement of insolvency proceedings.
- Once accepted by creditors, the plan must be presented to the National Company Law Tribunal (NCLT) for approval.
How this framework is different from the existing framework
- A firm’s promoters could have submitted a resolution plan even after it enters the insolvency proceedings, subject to restrictions imposed under Section 29A which clarifies all those who are ineligible for submitting the resolution plan.
- So, the difference in the new framework essentially boils down to the following.
1) Control of the firm
- Under the IBC, upon the initiation of insolvency proceedings, control of a firm is taken away from promoters, and a resolution professional is appointed.
- Now, during the restructuring, the promoter, through the pre-pack, retains control over the firm.
- So effectively, we have transitioned from a “creditor-in-control” model of resolution to a “debtor-in-control” model of restructuring.
- This amendment, which creates a framework for restructuring, without the promoter losing control over the firm, addresses a lacuna in the IBC.
2) Issue of price discovery
- In this arrangement, the is an absence of an open bidding process, such as during the resolution phase.
- This might raise questions over price discovery, especially if value maximisation for creditors is the yardstick to measure the efficacy of IBC.
- This marks a fundamental change in the IBC framework.
Why the changes were needed
- The IBC, while it has strengthened the position of the creditors, had swung to an extreme.
- The resolution architecture as it stood prior to this amendment was perceived as being too creditor-centric.
- Wresting control from the “errant” promoter, comes with its own set of consequences.
- The notion that all business failure is due to the connivance of promoters needs to be reconsidered.
- Firms may be unable to pay their obligations simply because the economic cycle has turned.
- Or projects have not materialised as expected.
- Of the 2,422 cases closed since IBC came into being, 46.5 per cent of the firms have gone into liquidation, while a resolution plan has been accepted in only 13.1 per cent of the cases.
- This indicates liquidation bias.
- At a time when there aren’t enough buyers in the economy, the IBC process would lead to significant value destruction.
How it will benefit both creditor and promotors
- Promoters get to hold on to their firms, and exit the process with more manageable obligations, making this an attractive proposition.
- For creditors, considering the liquidation bias in IBC, as long as the value of the restructured obligation is greater than the liquidation value it makes sense to choose this option.
- Moreover, this entire process remains outside the restructuring framework of the central bank.
- And, considering that the pre-packs encompass all financial creditors, as opposed to RBI’s restructuring schemes which deal only with banks.
- This takes into account the concerns of other financial creditors as well.
Consider the question “How far IBC has succeeded in improving the insolvency regime in India? How the concepts of pre-packs is different from the previous system?
Conclusion
This approach will help clarify issues, bring about greater certainty to the process. And, once the creases are ironed out, it will create a permanent mechanism for restructuring debts.
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: UNCLOS
Mains level: Paper 2- Understanding the rights of the coastal state under UNCLOS
The explains the issues involved in the recent incident in which US position on freedom of navigation under UNCLOS differed from India’s.
Different positions
- On April 7, the U.S.’s 7th Fleet Destroyer conducted a ‘Freedom of Navigation Operation’ inside India’s Exclusive Economic Zone (EEZ).
- This exercise was conducted without requesting India’s consent.
- Moreover, the U.S. 7th Fleet noted in its press release that India’s requirement of prior consent is “inconsistent with international law”.
- However, India asserted that the UN Convention on the Law of the Sea (UNCLOS) “does not authorize other States to carry out in the Exclusive Economic Zone and on the continental shelf, military exercises or manoeuvres, in particular those involving the use of weapons or explosives, without the consent of the coastal state”.
- The question is, can countries carry out military exercises in another country’s EEZ and if yes, subject to what conditions?
UNCLOS Provisions for EEZ
- UN Convention on the Law of the Sea (UNCLOS) binds all its signatories and customary international law binds all states, subject to exceptions like the doctrine of persistent objector.
- As per the UNCLOS, EEZ is an area adjacent to the territorial waters of a coastal state.
- Under UNCLOS, a sovereign coastal state has rights and duties relating to management of natural resources; establishment and use of artificial islands, installations and structures; marine scientific research; and protection of the marine environment.
- India is a party to the UNCLOS while the U.S. is not.
- Article 87 provides for freedom of the high seas under which all states have the freedom of navigation.
- Apart from that, states enjoy the freedom of overflight and of the laying of submarine cables and pipelines as well as other internationally lawful uses of the sea.
- However, the freedom of navigation is subject to the conditions laid down under the UNCLOS and other rules of international law.
- In addition to it, Article 58 (3) stipulates another qualification: “In exercising their rights and performing their duties under this Convention in the exclusive economic zone, States shall have due regard to the rights and duties of the coastal State and shall comply with the laws and regulations adopted by the coastal State…”.
So, what laws and regulation are adopted by India under Article 58 (3) of UNCLOS
- The relevant Indian law in this regard is the Territorial Waters, Continental Shelf, Exclusive Economic Zone and Other Maritime Zones of India Act, 1976.
- Section 7 sub-section 9 of this Act recognises the freedom of navigation of the ships of all States but makes them subject to the exercise of rights by India within the zone.
- Article 310 of the UNCLOS does permit states to make declarations in order to explain the relationship between the Convention and their own laws.
- The declaration by India in 1995 also states that India “understands that the provisions of the Convention do not authorize other States to carry out in the exclusive economic zone and on the continental shelf military exercises or manoeuvres.
Way forward
- Non-consensual military activities that hinder the lawful enjoyment of rights of coastal states need not be permissible.
- Also, a coastal state is naturally concerned about military exercises and manoeuvres posing a risk to its coastal communities, its installations or artificial islands, as well as the marine environment.
- Thus, any state which wishes to conduct such exercises must do so only in consultation with the coastal state since the coastal state is the best judge of its EEZ.
- Both India and the U.S. should negotiate such concerns for the maintenance of international peace and security.
Consider the question “What are the rights of coastal state on its Exclusive Economic Zone under UNCLOS? “
Conclusion
On a conjoint reading of Articles 58, 87 and 310, it can be argued that freedom of navigation cannot be read in an absolute and isolated manner.
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