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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Note4Students
From UPSC perspective, the following things are important :
Prelims level: Not much
Mains level: Paper 2- Second wave of covid
The article suggests ways to deal with the second wave of Covid in India.
What explains the bigger second wave
- The size of any epidemic is a function of three things:
- 1) The size of the pool of the susceptible population.
- 2) The pattern of contact between the members of the population (frequency, mix, closeness and duration).
- 3) Probability of spread during that contact (infectiousness of the agent).
Let us have a look at these 3 factors in the current context
- As many people have already been infected in the first wave, the pool of susceptibles should be smaller.
- Serosurveys also support this as they found that about 25 per cent of people had already been infected nationally.
- However, this is an average and hides significant variations by state, age and place of residence.
- Populations with lower seroprevalence become the potential pool for the second wave.
- Given India’s large population base, the actual number of people are sufficiently large to enable multiple waves till we achieve a more even spread of protected people.
- The persistence of protectiveness of antibodies of those already infected and their cross-protectiveness to newer strains is not well established.
- Vaccination would reduce the pool of susceptibles.
- However, the current level of vaccination coverage is not sufficient to make a significant difference to this wave, given the fact that we are already riding it.
- It is a good strategy to prevent the next wave, if we can achieve substantial coverage with it.
- Vaccination also prevents severe disease, and hence reduces the death toll.
- With the removal of most restrictions, the probability of contact between individuals has risen sharply.
Way forward
- What can and should be avoided are super-spreader events like a crowded park, the Kumbh mela, election rallies, etc.
- A much stronger community engagement with a robust communication strategy and lesser emphasis on “criminalising” inappropriate behaviour is required.
- A nuanced communication campaign is the need of the hour and is conspicuous by its complete absence.
- What is urgently needed is a robust evidence-based communication campaign.
- Such a campaign would involve proactive serial assessment of the community perceptions and concerns, testing and refining messages through an evolving campaign.
- A district-specific strategy of “test, trace, treat” along with containment measures (isolation and quarantine) is still the best way to deal with the situation.
- We also need to put a stop to political bickering; it erodes public trust and confidence.
Conclusion
Dealing with the second wave should be based on the experience drawn from dealing with the first wave and complemented by a better communication strategy.
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: Not much
Mains level: Paper 2- Reviving BIMSTEC
More than two decades after its formation, BIMSTEC still remains a work in progress. And it has many obstacles to overcome. The article highlights challenges and progress made so far.
Background of BIMSTEC
- The foreign ministers of BIMSTEC (the Bay of Bengal Initiative for Multi-Sectoral Technical and Economic Cooperation) met virtually on April 1.
- It was established as a grouping of four nations — India, Thailand, Bangladesh and Sri Lanka — through the Bangkok Declaration of 1997 to promote rapid economic development.
- BIMSTEC was expanded later to include three more countries — Myanmar, Nepal and Bhutan.
- It moved at a leisurely pace during its first 20 years with only three summits held and a record of modest achievements.
Growing significance
- BIMSTEC suddenly received special attention when India chose to treat it as a more practical instrument for regional cooperation over a faltering SAARC.
- The BIMSTEC Leaders’ Retreat, followed by their Outreach Summit with the BRICS leaders in Goa in October 2016, drew considerable international limelight to the low-profile regional grouping.
- At the fourth leaders’ summit in Kathmandu in 2018, a plan for institutional reform and renewal that would encompass economic and security cooperation was devised.
- It took the important decision to craft a charter to provide BIMSTEC with a more formal and stronger foundation.
- The shared goal now is to head towards “a Peaceful, Prosperous and Sustainable Bay of Bengal Region”.
Why the recent summit is important
- In the recent virtual summit, the foreign ministers cleared the draft for the BIMSTEC charter.
- They endorsed the rationalisation of sectors and sub-sectors of activity, with each member-state serving as a lead for the assigned areas of special interest.
- The ministers also conveyed their support for the Master Plan for Transport Connectivity.
- Preparations have been completed for the signing of three agreements:
- 1) Mutual legal assistance in criminal matters.
- 2) Cooperation between diplomatic academies.
- 3) The establishment of a technology transfer facility in Colombo.
Lack of progress on trade
- In the recent deliberation, there was no reference to the lack of progress on the trade and economic dossier.
- A January 2018 study by the Federation of Indian Chambers of Commerce and Industry had suggested that BIMSTEC urgently needed a comprehensive Free Trade Agreement to be a real game-changer.
- Ideally, it should cover trade in goods, services and investment; promote regulatory harmonisation; adopt policies that develop regional value chains, and eliminate non-tariff barriers.
- Also lacking was an effort to enthuse and engage the vibrant business communities of these seven countries.
- Over 20 rounds of negotiations to operationalise the BIMSTEC Free Trade Area Framework Agreement, signed in 2004, are yet to bear fruit.
Achievements
- Much has been achieved in Humanitarian Assistance and Disaster Relief and security, including counterterrorism, cybersecurity, and coastal security cooperation.
- India has led through constant focus and follow-up.
- While national business chambers are yet to be optimally engaged with the BIMSTEC project, the academic and strategic community has shown ample enthusiasm through the BIMSTEC Network of Policy Think Tanks and other fora.
Challenges
- A strong BIMSTEC presupposes cordial and tension-free bilateral relations among all its member-states.
- However, there has been tensions in India-Nepal, India-Sri Lanka, and Bangladesh-Myanmar ties in recent years.
- Second, uncertainties over SAARC hovers, complicating matters. Both Kathmandu and Colombo want the SAARC summit revived, even as they cooperate within BIMSTEC, with diluted zeal.
- Third, China’s decisive intrusion in the South-Southeast Asian space has cast dark shadows.
- Finally, the military coup in Myanmar and the continuation of popular resistance resulting in a protracted impasse have produced a new set of challenges.
Consider the question “What are the challenges BIMSTEC faces in emerging as an alternative to the SAARC? What are its achievements?”
Conclusion
The grouping needs to reinvent itself, possibly even rename itself as ‘The Bay of Bengal Community’. It should consider holding regular annual summits. Only then will its leaders convince the region about their strong commitment to the new vision they have for this unique platform linking South Asia and Southeast Asia.
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: Not much
Mains level: Paper 3- Economic recovery and challenges posed by second covid wave
The article highlights the challenges posed by the second wave of covid and how aggressive vaccination could help dealing with the issue.
Severe second covid wave in India
- India’s daily new cases have surged past 1,50,000, much above the first peak.
- In India’s first wave, the increase from 50,000 to about 1,00,000 cases took about 50 days; in the second wave, it’s taken just 13.
- To start with, the second wave was more concentrated, with Maharashtra accounting for 60 per cent of cases.
- While the top five states still account for about 65 per cent of cases, the reproduction (R) factor in almost 10 states is estimated to be two or higher, creating risks for a wider and more rapid spread, if unaddressed.
Lessons from the first wave
- Policymakers, businesses and households have all learnt from the first wave and with the private sector better adapted to “live with the virus”.
- Therefore, the economic costs should hopefully not be comparable to the first wave. Yet, they may not be trivial either.
- The five states that account for 65 per cent of new cases also account for almost 36 per cent of GDP.
- As virus cases have grown and restrictions have been imposed, retail and recreational mobility across these five states, is down 10 per cent since mid-March.
- Labour market surveys have also begun to show discernable impacts on both participation and unemployment rates.
Implications of unequal recovery for developing countries
- The IMF projects India’s FY22 growth at 12.5 per cent, this would still leave India about 8-9 per cent below the level of output that was projected pre-pandemic for the end of 2021-22.
- The challenge for emerging markets is that, given the quantum of fiscal and monetary space expended in combating the first wave, space to respond to subsequent waves will be constrained.
- Owing to the fiscal support and pace of vaccinations the US will be the only large economy, apart from China, to surpass its pre-pandemic path.
- This, resulted in increased US yields, tightened global financial conditions, induced dollar strength and triggered
- All this makes it harder for emerging economies to respond expansively to domestic shocks.
- In effect, the heterogeneity of the recovery across developed and emerging markets is imposing policy constraints on the latter which, ironically, will simply compound the economic divergence.
Challenges for India
- India’s fiscal space to respond to a second wave appears constrained due to the following two factors:
- 1) In India’s case, consolidated public debt will approach 90 per cent of GDP.
- 2) The consolidated public sector borrowing requirements are budgeted above 11 per cent of GDP in FY22.
- The dependence on budgeted asset sales has only increased, both as a hedge to tax revenues that could be impacted from a second wave, and as a means of protecting expenditures.
- It will be equally crucial to leaving enough space for higher MGNREGA demand and other safety nets on account of a second wave, even while protecting capital expenditures — which generate large multiplier effects on the economy.
- Similarly, monetary policy is already very accommodative, and with core inflation sticky and elevated, global deflationary pressures entrenched, there are natural limits to the degree of more monetary accommodation.
Aggressive vaccination is the key
- Israel, the UK and the US have all demonstrated how aggressive vaccinations can bend the COVID-curve.
- Therefore, the Indian government’s decision to approve a third vaccine and fast-track emergency approval for foreign-produced vaccines is unambiguously positive.
- On the demand side, of an estimated 100-110 million population of seniors (60-plus) in India, only about 40 million have taken the vaccine over the last six weeks, suggesting a reluctance to get vaccinated.
- But, in fact, it’s crucial to ensure the vulnerable — those whose probability of hospitalisation is the highest — are fully vaccinated to reduce pressure on the health infrastructure.
Consider the question “What are the challenges posed to the developing countries by heterogeneity of recovery across the developed and developing countries?
Conclusion
Vaccinations should be construed as simultaneously delivering both a positive demand and supply shock (for the economy), and a negative demand shock (for health infrastructure), thereby providing the best chance to decisively break the trade-offs between lives and livelihoods that bedevilled emerging markets all of last year.
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: RCEP
Mains level: Paper 2- India-Pakistan relations and its impact on the region
India-Pakistan relations weigh down heavily on the SAARC. This affects the economic development of the region. The highlight opportunity for India and Pakistan to separate politics from economics.
Economic integration
- There is a growing, but unstated, realisation that neither India nor Pakistan can wrest parts of Kashmir that each controls from the other.
- A fair peace between India and Pakistan is not just good for the two states but for all the nations constituting the South Asian Association for Regional Cooperation (SAARC).
- While SAARC has facilitated limited collaborations among its members, it has remained a victim of India-Pakistan posturing.
- World Bank publication titled ‘A Glass Half Full’ conclude that there is explosive value to be derived from South Asian economic integration.
- An economically transformed and integrated South Asian region could advantageously link up with China’s Belt and Road Initiative and even join the RCEP.
Important role of India
- Collectively with a population of slightly over 1.9 billion, South Asia has a GDP (PPP) of $12 trillion.
- However, India’s enjoys an overwhelming ‘size imbalance’ in South Asia.
- The shares of India in the total land area, population, and real GDP of South Asia in 2016 are 62%, 75%, and 83%, respectively.
- The two other big countries in South Asia are Pakistan and Bangladesh with shares in regional GDP of only 7.6% and 5.6%, respectively.
- Given its size and heft, only India can take the lead in transforming a grossly under-performing region like South Asia.
Consider the question “How India-Pakistan relations affects the potential of SAARC? Examine the role both countries can play in the prosperity of the region through economic integration.”
Conclusion
This is the moment for India to think big and act big. But for that to happen, India needs to view peace with Pakistan not as a bilateral matter, but as essential and urgent, all the while viewing it as a chance of a lifetime, to dramatically transform South Asia for the better, no less.
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: IT Act 2000
Mains level: Paper 3- Personal Data Protection Bill and related issues
The existing data protection framework based on IT Act 2000 falls short on several counts. The Personal Data Protection Bill seeks to deal with the shortcoming in it. The article explains how the two differs.
Need for new data protection regime
- The need for a more robust data protection legislation came to the fore in 2017 post the Supreme Court’s landmark judgment in Justice K.S. Puttaswamy (Retd) v. Union of India.
- In the judgment, the Court called for a data protection law that can effectively protect users’ privacy over their personal data.
- Consequently, the Committee of Experts was formed under the Chairmanship of Justice (Retd) B.N. Srikrishna to suggest a draft data protection law.
- The Personal Data Protection Bill, 2019, in its current form, is a revised version of the draft legislative document proposed by the Committee.
Issues with the existing data protection framework
- The Information Technology Act, 2000 governs how different entities collect and process users’ personal data in India.
- However, entities could override the protections in the regime by taking users’ consent to processing personal data under broad terms and conditions.
- This is problematic given that users might not understand the terms and conditions or the implications of giving consent.
- Further, the frameworks emphasise data security but do not place enough emphasis on data privacy.
- As a result, entities could use the data for purposes different to those that the user consented to.
- The data protection provisions under the IT Act also do not apply to government agencies.
- Finally, the regime seems to have become antiquated and inadequate in addressing risks emerging from new developments in data processing technology.
How the new regime under Data Protection Bill 2019 is different
- First, the Bill seeks to apply the data protection regime to both government and private entities across all sectors.
- Second, the Bill seeks to emphasise data security and data privacy.
- While entities will have to maintain security safeguards to protect personal data, they will also have to fulfill a set of data protection obligations and transparency and accountability measures.
- Third, the Bill seeks to give users a set of rights over their personal data and means to exercise those rights.
- Fourth, the Bill seeks to create an independent and powerful regulator known as the Data Protection Authority (DPA).
- The DPA will monitor and regulate data processing activities to ensure their compliance with the regime.
Concerns
- Under clause 35, the Central government can exempt any government agency from complying with the Bill.
- Similarly, users could find it difficult to enforce various user protection safeguards (such as rights and remedies) in the Bill.
- For instance, the Bill threatens legal consequences for users who withdraw their consent for a data processing activity.
- Additional concerns also emerge for the DPA as an independent effective regulator that can uphold users’ interests.
Consider the question “What are the issues with the present framework in India for data and privacy protection? How the Personal Data Protection Bill seeks to address these issues?”
Conclusion
The Joint Parliamentary Committee that is scrutinising the Bill is expected to submit its final report in the Monsoon Session of Parliament in 2021 Taking this time to make some changes in the Bill targeted towards addressing various concerns in it could make a stronger and more effective data protection regime.
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: Not much
Mains level: Paper 2- Russia-China-US dynamic and its impact on India
Relations between Russia, China and the US have not always been the same. The changes in triangular dynamic offers lessons for India. The article deals with this issue.
India’s changing relations with great powers
- The recent visit of Russian foreign minister Sergei Lavrov to Delhi and Islamabad is among multiple signs of India’s changing relations with the great powers.
- At the same time, Delhi’s growing strategic partnerships with the US and Europe have begun to end India’s prolonged alienation from the West.
- Also, New Delhi’s own relative weight in the international system continues to increase and give greater breadth and depth to India’s foreign policy.
Shifts in triangular relations between Russia, China and America
1) Russia-China relations
- The leaders of Russia and China — Joseph Stalin and Mao Zedong — signed a formal treaty of alliance in 1950.
- Russia invested massively in the economic modernisation of China, and also gave it the technology to become a nuclear weapon power.
- However, by the 1960s, their relations soured and two were arguing about ideology and a lot else.
- The Sino-Soviet split had consequences way beyond their bilateral relations.
- None of them more important than the efforts by both Moscow and Beijing to woo Washington.
- The break-up between Russia and China also opened space for Delhi against Beijing after the 1962 war in the Himalayas.
- Under intense American pressure on Russia in the 1980s, Moscow sought to normalise ties with Beijing.
- Stepping back to the 1960s and 1970s, China strongly objected to Delhi’s partnership with Moscow.
2) Russia-US relations
- Russia, which today resents India’s growing strategic warmth with the US, has its own long history of collaboration with Washington.
- Moscow and Washington laid the foundations for nuclear arms control and sought to develop a new framework for shared global leadership.
- But Delhi was especially concerned about the Nuclear Nonproliferation Treaty system, with all its constraints on India’s atomic options, that Moscow and Washington constructed in the late 1960s.
3) US-China relations
- Despite fighting Korean War with the US in the early 1950s, China normalised relations with the U.S. in 1971 to counter the perceived threat from Russia.
- Deng Xiaoping, refused to extend the 1950 security treaty with Russia that expired in 1980.
- China turned instead, towards building a solid economic partnership with the US and the West that helped accelerate China’s rise as a great power.
Lessons for India
- The twists and turns in the triangular dynamic between America, Russia and China noted above should remind us that Moscow and Beijing are not going to be “best friends forever”.
- India has no reason to rule out important changes in the way the US, Russia and China relate to each other in the near and medium-term.
- In the last few years, India has finally overcome its historic hesitations in partnering with the US.
- India has also intensified its efforts to engage European powers, especially France.
- Prime Minister Boris Johnson’s visit to India later this month promises a fresh start in India’s difficult postcolonial ties with Britain.
- India is also expanding its ties with Asian middle powers like Japan, Korea and Australia.
- Despite the current differences over Afghanistan and the Indo-Pacific, India and Russia have no reason to throw away their mutually beneficial bilateral partnership.
- The current troubles with China seem to be an unfortunate exception to the upswing in India’s bilateral ties with global actors.
Consider the question “What are the lessons India can draw from the twists and turns in the triangular dynamic between America, Russia and China.”
Conclusion
India has successfully managed the past flux in the great power politics; it is even better positioned today to deal with potential changes among the great powers.
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: Not much
Mains level: Paper 2- Resuming India-Pakistan trade ties
The article highlights the key takeaways from Pakistan’s vacillations on resuming the trade ties even in the face of impending economic crisis.
U-turn on resuming trade
- On March 31, Pakistan announced the decision to import cotton, yarn, and sugar from India.
- However, it took a U-turn on that announcement about resuming trade ties.
- This highlights the internal differences and the emphasis on politics over economy and trade.
- It also signifies Pakistan cabinet’s grandstanding, linking the normalisation of ties with India to Jammu and Kashmir.
3 takeaways from the decision
1) Immediate economic needs
- Pakistan’s decision was to import only three items from India, namely cotton, yarn and sugar.
- It was based on Pakistan’s immediate economic needs and not designed as a political confidence-building measure to normalise relations with India.
- For the textile and sugar industries in Pakistan, importing from India is imperative, practical and is the most economic.
- This is because cotton and sugarcane production declined there by 6.9% and 0.4%, respectively.
- By early 2019, the sugar prices started increasing, and in 2020, there was a crisis due to shortage and cost.
- Importing sugar from India would be cheaper for the consumer market in Pakistan.
2) Politics first
- The second takeaway is the supremacy of politics over trade and economy, even if the latter is beneficial to the importing country.
- The interests of its own business community and its export potential have become secondary.
- However, Pakistan need not be singled out; this is a curse in South Asia, where politics play supreme over trade and economy.
- The meagre percentage of intra-South Asian Association for Regional Cooperation (SAARC) trade and the failure of SAARC engaging in bilateral or regional trade would underline the above.
3) Emphasis on Jammu and Kashmir issue
- The third takeaway is the emphasis on Jammu and Kashmir by Pakistan to make any meaningful start in bilateral relations.
- This goes against what it has been telling the rest of the world that India should begin a dialogue with Pakistan.
- There were also reports that Pakistan agreeing to re-establish the ceasefire along the Line of Control (LoC) was a part of this new strategy.
Consider the question: “Trade is unlikely to triumph over politics in South Asia; especially in India-Pakistan relations. This is a curse in South Asia, where politics play supreme over trade and economy.” Critically Examine.
Conclusion
Pakistan has been saying that the onus is on India to normalise the process. Perhaps, it is India’s turn to tell Islamabad that it is willing, but without any preconditions, and start with trade.
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: RCEP
Mains level: Paper 2- Asia-EU engagement
The article highlights Asia’s growing significance in the wake of the pandemic. This is underscored by Europe’s meaningful engagement with Asia which is based on an understanding of the region’s geopolitical and economic significance.
Asia’s rise
- The pandemic has upended many certainties. But it has reinforced one major trend in global politics: The rise of Asia.
- The region’s rise has created three Asias.
- First, there is the familiar Asia of business — open, dynamic, interconnected.
- Second, an Asia of geopolitics, with ever-starker nationalisms, territorial conflicts, arms races and Sino-American rivalry.
- Lastly, we have an Asia of global challenges.
- These three Asias are also marked by 3 dynamics:
- 1) Geopolitical rivalries that threaten free trade.
- 2) The fight against the pandemic is mutating into a systemic competition between democracy and authoritarianism.
- 3) And frenzied economic growth is fuelling climate change.
European strategy for Indo-Pacific
- Germany together with France and the Netherlands, have commenced work on a European strategy for the Indo-Pacific.
- The strategy seeks cooperation with all countries of the region: For open economies and free trade; for the fight against pandemics and climate change; and for an inclusive, rules-based order.
- Such a European strategy for the Indo-Pacific must take all three Asias into account.
- Europe is a key trading, technology and investment partner for many countries of the region.
- The EU recently concluded groundbreaking free trade agreements with Japan, Singapore and Vietnam that set environmental and social standards.
- In late 2020, the countries of East and Southeast Asia signed Regional Comprehensive Economic Partnership, encompassing one-third of the global economy.
- It is time for the EU to swiftly conclude the ongoing negotiations on trade agreements with Australia and New Zealand – and to move forward with negotiations with Indonesia and India.
Reducing dependencies
- Following the above policies, Europe will also reduce dependency and following the principle of diversification.
- Together with its Indo-Pacific partners, Europe can set standards for new technologies, human-centred digitisation and sustainable connectivity.
- In this endeavour, Europe can draw on its innovative and economic strength as well as its regulatory power.
- At the EU-India Summit in May, the launch of a connectivity partnership with India will further connect India’s and Europe’s digital economies.
Rising tensions and rules-based Indo-Pacific
- Meanwhile, tensions are rising in the Asia of geopolitics.
- New cold wars or even hot conflicts in the Indo-Pacific would be an economic and political nightmare.
- Europe must, therefore, take a firmer stand against polarisation and more strongly advocate an inclusive, rules-based Indo-Pacific.
- The strategic partnership concluded between the EU and the Association of Southeast Asian Nations (ASEAN) last December connects us with like-minded middle powers.
Asia of geopolitical challenges
- Containing geopolitical rivalries in Asia is also a precondition for shaping the future with the Asia of global challenges.
- As the biggest emitters of CO2, the US, China, India and the EU will only win the fight against climate change together.
- The Leaders Summit on Climate that will be hosted by the US next week sets the stage for cooperation.
- Europe and the countries of the Indo-Pacific need each other also in the fight against the virus.
- The EU is by far the biggest supporter of the international vaccine platform COVAX, and India as a leading producer of vaccines is the most important COVAX supplier.
- We will all benefit from this as, without the worldwide vaccination rollout, mutations will keep on setting us back in the fight against the pandemic.
- Europe will continue to stand up for human rights and democracy in the Indo-Pacific.
- This was demonstrated with sanctions against those responsible for human rights violations in Xinjiang — and also against Myanmar’s generals.
Conclusion
Europe is ready for a new partnership — a partnership founded on seeking dialogue with the open Asia of business, taming geopolitical rivalry in Asia together and coming up with responses to the world of tomorrow with the Asia of global challenges. This must be the objective of European policy — for and with the Indo-Pacific
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: Maritime zones under UNCLOS
Mains level: Paper 2- Issues with UNCLOS 1982
The explains the implications of a recent incident in which the US 7th fleet asserted navigation freedom and rights inside India’s Exclusive Economic Zone.
Freedom of navigation operation in India’s EEZ
- The US 7th fleet recently declared that on 7th April, 2021 USS John Paul Jones asserted navigational rights and freedom inside India’s EEZ, without requesting India’s prior consent.
- The statement also said that “India requires prior consent for military exercises or manoeuvres in its EEZ, a claim inconsistent with international law.
Which international law the statement referred to
- The “international law” being cited by Commander 7th Fleet is a UN Convention which resulted from the third UN Conference on Law of the Seas (UNCLOS 1982).
- India has ratified the Convention, which came into force in 1994.
- However, amongst the 168 nations who have either acceded to or ratified UNCLOS 1982, the US is conspicuous by its absence.
Background of the UNCLOS
- In 1945, the US unilaterally declared its jurisdiction over all natural resources on that nation’s continental shelf.
- Taking cue from the US, some states extended their sovereign rights to 200 miles, while others declared territorial limits as they pleased.
- To bring order to a confusing situation, conferences for codifying laws of the seas were convened by the UN.
- After negotiations, an agreement was obtained on a set of laws that formalised the following maritime zones:
- (a) A 12-mile limit on territorial sea;
- (b) A 24-mile contiguous zone.
- (c) Amnewly conceived “exclusive economic zone” (EEZ) extending up to 200 miles within which the state would have sole rights over natural resources.
- The EEZ was said to be unique in that it was neither high seas nor territorial waters.
Issues with the UNCLOS 1982
- The signatories UNCLOS 1982 have chosen to remain silent on controversial issues with military or security implications and mandated no process for resolution of ambiguities.
- Resort to the International Tribunal for the Law of the Sea or a Court of Arbitration are amongst the options available.
- However, many states have expressed a preference for “negotiating in good faith”.
- The time has, perhaps, come for signatories of UNCLOS 1982 to convene another conference to review laws and resolve issues of contention.
Why US refused to ratify UNCLOS
- It was accepted that the seabed beyond the limits of national jurisdiction was not subject to national sovereignty but would be “the common heritage of mankind” .
- This seems to have been at the root of the US opposition to UNCLOS.
- It was felt in the US that this concept favoured the under-developed countries thereby denying America the fruits of its technological superiority.
- The US Senate, therefore, refused to ratify UNCLOS.
- Amongst the areas of major contention or sharp divergence in the interpretation of rules are:
- 1) Applicability of the EEZ concept to rocks and islets.
- 2) The right of innocent passage for foreign warships through territorial seas.
- 3) Conduct of naval activities in the EEZ and the pursuit of marine scientific research in territorial waters and EEZ.
Containing China
- China has insulated itself against US intervention, through the progressive development of its “anti-access, area-denial” or A2AD capability.
- China has accelerated its campaign to achieve control of the South China Sea (SCS).
- In 2013, China commenced on an intense campaign to build artificial islands in the SCS on top of reefs in the Spratly and Paracel groups.
- In 2016, China disdainfully rejected the verdict of the UN Court of Arbitration in its dispute with the Philippines.
- So far, none of the US initiatives including Obama’s abortive US Pivot/Re-balance to Asia, Trump’s Indo-Pacific Strategy and Asia Reassurance Initiative Act, seem to have had the slightest impact on China’s aggressive intent
- Therefore, it seems pointless for the US Navy to frighten the Maldives or friendly India and it needs to focus on China instead.
Consider the question “What are the different types of maritime zones under the United Nations Convention for the Law of the Sea 1982? What are the flaws in the convention?
Conclusion
In this fraught environment, the ever-expanding, worldwide FONOP campaign needs a careful reappraisal by US policy-makers for effectiveness — lest it alienates friends instead of deterring adversaries.
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: 1951 Refugee Convention
Mains level: Paper 2- Need for refugee protection policy framework in India
The article highlights the issue of the lack of refugee protection framework in India and suggests enacting domestic law to deal with the issue.
India’s record on refugee protection
- India, for the most part, has had a stellar record on the issue of refugee protection.
- But this moral tradition has come under great stress of late.
- New Delhi has been one of the largest recipients of refugees in the world in spite of not being a party to the 1951 Refugee Convention and its 1967 Protocol.
Confusion in policies for immigrants and refugees
- Much of the debate in India is about illegal immigrants, not refugees, the two categories tend to get bunched together.
- Our policies towards illegal immigrants and refugees is confused is because as per Indian law, both categories of people are viewed as one and the same and are covered under the Foreigners Act, 1946.
- The act offers a simple definition of a foreigner — “foreigner” means “a person who is not a citizen of India”.
- There are fundamental differences between illegal immigrants and refugees, but India is legally ill-equipped to deal with them separately due to a lack of legal provisions.
- Also, India is not a party to the 1951 Refugee Convention and its 1967 Protocol, the key legal documents pertaining to refugee protection.
How absence of policy framework creates problems
- The absence of legal framework for refugees leads to policy ambiguity whereby India’s refugee policy is guided primarily by ad hocism and ‘political utility’.
- At the same time, the absence of a legal framework increases the possibility of the domestic politicisation of refugee protection and complicates its geopolitical faultlines.
- The absence of a clearly laid down refugee protection law also opens the door for geopolitical considerations while deciding to admit refugees or not.
- For example, India’s decision in the recent case of admitting Myanmarese refugees fleeing to India was influence by the possibility of irking the Generals in Naypyitaw.
- However, hypothetically speaking, if New Delhi had domestic legislation regarding refugees it could have tempered the expectations of the junta to return the fleeing Myanmarese.
Why India has not signed convention and protocol on refugee protection
- The definition of refugees in the 1951 convention only pertains to the violation of civil and political rights, but not economic rights, of individuals.
- If the violation of economic rights were to be included in the definition of a refugee, it would clearly pose a major burden on the developed world.
- This argument, if used in the South Asian context, could be a problematic proposition for India too.
- India also need to argue that the North is violating the convention in both letter and spirit, and make its accession conditional on the Western States rolling back the non-entrée (no entry) regime.
- The non-entrée regime is constituted by a range of legal and administrative measures that include visa restrictions, carrier sanctions, interdictions, third safe-country rule, restrictive interpretations of the definition of ‘refugee’, withdrawal of social welfare benefits to asylum seekers, and widespread practices of detention.”
- In other words, India must use its exemplary, though less than perfect, history of refugee protection to begin a global conversation on the issue.
Way forward
- What other options do we have to respond to the refugee situation we are faced with?
- The answer perhaps lies in a new domestic law aimed at refugees.
- The CAA, however, is not the answer to this problem primarily because of its deeply discriminatory nature.
- What is perhaps equally important is that such a domestic refugee law should allow for temporary shelter and work permit for refugees.
- India must also make a distinction between temporary migrant workers, illegal immigrants and refugees and deal with each of them differently through proper legal and institutional mechanisms.
Consider the question “What are the reasons for India’s not singing 1951 Refugee Convention? What are the options India can explore for refugee protection?
Conclusion
Our traditional practice of managing these issues with ambiguity and political expediency has become deeply counterproductive: It neither protects the refugees nor helps stop illegal immigration into the country.
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: Not much
Mains level: Paper 3- Issue of linking interest rate on small saving with the G-sec yields
The article highlights the issues with linking small savings interest rates with the yield on G-sec and its resetting on a quarterly basis.
Issue of small savings interest rate
- For decades, small savings have constituted an important source of household savings, funded development programmes of state governments and offered a safe and secure source of income to senior citizens.
- Recently, a notification on reducing the interest rates on small savings schemes quickly made headlines and was rescinded after 12 hours.
- For small savers, the pandemic turned into a triple whammy: Battling job losses, higher food prices and a sharp devaluation in the value of their savings and earnings thereof.
- Interest on the Senior Citizens’ Saving Scheme was cut to 7.4 per cent, effective from April 2020, from 8.7 per cent before,
- This was done despite the Gopinath Committee had recommended the rates should never be revised more than 100 basis points in a single year.
Linking small savings rate to G-sec yields
- The suggestion to link small savings rates to G-Sec yields was first made in 2001 by Y V Reddy, then deputy governor of RBI.
- Reddy committee suggested small savings rates should be reset once a year, allowing for a spread of up to 50 basis points.
- Reddy’s recommendations were reiterated by his successor Rakesh Mohan.
- The Gopinath Committee, set up in 2009 gave its report in June 2011 and annual revisions in small savings rates linked to G-sec yields got underway effective April 2012.
- In 2016, however, the government decided to reset them on a quarterly basis.
Why link small savings rate to G-sec yields
- Such linking is premised on the argument that the money collected through these schemes is invested in central and state government securities.
- While the yield on the government securities progressively declined over time, small savings rates remained downwardly rigid.
- This resulted in an asset-liability mismatch that threatened the viability of the NSSF.
- It is also argued that people’s dependence on small savings schemes had significantly declined since formal banking had rapidly expanded.
- Moreover, for those who used small savings as safety nets there were other alternatives such as old-age pension and other similar schemes.
Issues with resetting rates on quarterly basis
- All expert committees that examined the issue had strongly argued against resetting the rates on a quarterly basis.
- The fear was it could result in unfair rewards for small savers in the event the G-sec yields remain artificially low for a certain period of time.
- It did happen in the pandemic year when small savings rates faced the steepest cut in five years.
- The changed policy on small savings is also premised on the belief that markets offer fair outcomes.
- More often than not, that is not true.
- The experience of the past year bears it out.
- While retail inflation spiked, the RBI used every trick in its bag to hold G-sec yields down.
Way forward
- The government could go back to resetting the rates annually, keeping the revision under 100 basis points and allowing small savings rates a spread of at least 50 basis points, not up to 50 basis points, over and above the G-sec yields.
- Also, it may revisit the suggestion made by the Rakesh Mohan Committee to use a weighted average of G-sec yields over preceding two years — two-thirds weight for the later year, one-third for the earlier year.
Consider the question “What was the rationale for linking the interest rates on small savings to yield on G-sec? What are the issues with it?
Conclusion
Adopting the changes suggested here may require setting aside a few thousand crores to fill the resultant gap in the NSSF. But it is worth doing.
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From UPSC perspective, the following things are important :
Prelims level: Not much
Mains level: Paper 3- Challenge of left wing extremism
The article deals with the counterinsurgency strategies to deal with the issues of left wing extremism in India
Threat of left-wing extremism
- The killing of 22 security personnel by Maoists serves as a grim reminder that left-wing insurgency continues to be one of the biggest internal security threats for the country.
- In the past few years, Maoist violence seemed to have been on a downward spiral.
- The figures associated with the key indicators of violence like the number of incidents also support the contention that “insurgency is on the downward spiral”.
- But the attack should thus serve as a wake-up call to those who had begun to get complacent about the Maoist threat.
Approach in counterinsurgency strategy
- One school believes that given the Maoist insurgency posturing itself as a “people’s war”, the mandate is for a people-centric approach of “winning hearts and minds”.
- Others argues that an enemy-centric approach predicated on kinetic operations is best suited for the Maoist insurgency, where the fear of the population seceding from India is remote.
- The success of the erstwhile state of Andhra Pradesh in curbing the Maoist problem is often attributed to this enemy-centric approach.
- However, there is robust scholarly work available that shows that the Andhra government based its counterintelligence strategy on a judicious mix of the enemy-centric and population-centric approaches.
- Andhra Pradesh had successfully implemented short-gestation-period developmental works in the Maoist-affected rural areas.
- Moreover, the erstwhile state is also the first state to have a comprehensive surrender-cum-rehabilitation policy.
- After the 2014 guidelines of the central government were brought out, many states have crafted attractive surrender and rehabilitation policies.
- Another important question is whether the government should keep the option of talking to Maoists open.
- The willingness to talk to rebel groups seems to incentivise insurgents and may demonstrate that violence pays.
- But bringing an end to civil war invariably involves negotiating with the enemy.
Way forward
- Indian counterinsurgency has to work with a dual objective of defeating the insurgents militarily and fully quell the insurgent impulses.
- This will need institutional overhauls.
- In the last decade or so, insurgency-affected states have started to raise special forces on the lines of Greyhounds.
- These forces are being given rigorous training in “counter-guerrilla” tactics and jungle warfare.
- Besides, the jungles around the interstate borders have always been the preferred hiding spaces for the Maoists.
- States must do more to synergise their efforts by launching coordinated operations, thereby denying Maoists any space for manoeuvrability.
- These efforts need to be supplemented by well-crafted development schemes.
- It is also important to segregate the population from the insurgents both operationally and ideologically.
- The conflict over the distribution of resources can be mended with economic development.
- But the bigger challenge would be to create a system where the tribal population feels that the government is representative, not repressive.
- Opening negotiation channels and policies like surrender and rehabilitation can give such a representative sense to the rebels.
Consider the question “Discuss the causes of left wing extremism in India. Suggest the way forward to deal with the issue.”
Conclusion
The government needs to follow these policies to end the challenge of left wing extremism from India.
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From UPSC perspective, the following things are important :
Prelims level: Lok Adalat and their role
Mains level: Paper 2- Importance of Lok Adalats and concerns over speed undermining idea of justice
The article highlights the important role played by the Lok Adalats in dispute resolution and raises concerns over underminig of justice for the sake of speedy disposal.
Background of Lok Adalat
- The Constitution (42nd Amendment) Act, 1976, inserted Article 39A to ensure “equal justice and free legal aid”.
- To this end, the Legal Services Authorities Act, 1987, was enacted by Parliament and it came into force in 1995.
- The Act seeks “to provide free and competent legal services to weaker sections of the society” and to “organise Lok Adalats to secure that the operation of the legal system promotes justice on a basis of equal opportunity”.
- As an alternative dispute resolution tool, Lok Adalats are regularly organised to help parties reach a compromise.
- Motor-accident claims, disputes related to public-utility services, cases related to dishonour of cheques, and land, labour and matrimonial disputes (except divorce) are usually taken up by Lok Adalats.
Significance of Lok Adalats
- As per the National Judicial Data Grid, 16.9% of all cases in district and taluka courts are three to five years old.
- For High Courts, 20.4% of all cases are five to 10 years old, and over 17% are 10-20 years old.
- Furthermore, over 66,000 cases are pending before the Supreme Court, over 57 lakh cases before various HCs, and over 3 crore cases are pending before various district and subordinate courts.
- Moreover, Lok Adalats are economically affordable, as there are no court fees for placing matters before the Lok Adalat; finality of awards, as no further appeal is allowed.
- As a result, litigants are forced to approach Lok Adalats mainly because it is a party-driven process, allowing them to reach an amicable settlement.
Why Lok Adalats are fast
- When compared to litigation, and even other dispute resolution devices, such as arbitration and mediation, Lok Adalats offer parties speed of settlement.
- Cases are disposed of in a single day.
- The speed is due to procedural flexibility, as there is no strict application of procedural laws such as the Code of Civil Procedure, 1908, and the Indian Evidence Act, 1872.
- More importantly, the award issued by a Lok Adalat, after the filing of a joint compromise petition, has the status of a civil court decree.
Some figures about cases disposed
- In 2015 and 2016, ten National Lok Adalats (NLAs) were held each year that disposed of 1,83,09,401 and 1,04,98,453 cases respectively.
- In 2017 and 2018, the number of NLAs dropped to five, with 54,05,867 and 58,79,691 cases settled respectively.
- In 2019, four NLAs were organised, and they disposed of 52,93,273 cases.
- In 2015, the average number of cases settled per NLA was 18,30,940, which came down to 10,81,174 in 2017, but rose to 11,75,939 in 2018, and 13,23,319 cases in 2019.
- This throws up questions about the efficiency of NLAs.
- The data show that the average number of cases disposed of per NLA since 2017 has gone up even when the number of NLAs organised each year has reduced.
- This proves that on average, the system is certainly efficient.
Concerns
- The Supreme Court, in State of Punjab vs Jalour Singh (2008), held that a Lok Adalat is purely conciliatory and it has no adjudicatory or judicial function.
- As compromise is its central idea, there is a concern that in the endeavour for speedy disposal of cases, it undermines the idea of justice.
- In a majority of cases, litigants are pitted against entities with deep pockets, such as insurance companies, banks, electricity boards, among others.
- In many cases, compromises are imposed on the poor who often have no choice but to accept them.
- Similarly, poor women under the so-called ‘harmony ideology’ of the state are virtually dictated by family courts to compromise matrimonial disputes under a romanticised view of marriage.
- Even a disaster like the Bhopal gas tragedy was coercively settled for a paltry sum, with real justice still eluding thousands of victims.
Consider the question “Examine the significance of Lok Adalats as an alternative dispute resolution tool. What are the concerns with speedy disposal of cases by Lok Adalats?”
Conclusion
A just outcome of a legal process is far more important than expeditious disposal, so what we need is concrete and innovative steps in improving the quality of justice rendered by National Lok Adalats.
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: Not much
Mains level: Paper 3- LWE challenge
The article highlights the issues facing India’s internal security architecture and suggests the restructuring of roles and capacity building to address the challenge.
Recent setback to internal security (IS) capability
- The COMBING OPERATION by local and central police forces in the Tekulguda region of Bastar went terribly wrong and resulted in the death of 22 security personnel.
- This tragic incident is a major and embarrassing setback to the IS (internal security) capability of India at many levels and highlights the challenge that LWE (left-wing extremism) continues to pose.
Strategic inadequacies
- India has been dealing with three variants of the internal security challenge for decades.
- These three are: 1) a proxy war and terrorism in Kashmir 2) sub-national separatist movements in the Northeast. 3) the Naxal-Maoist insurgency ( LWE) in the Red Corridor.
- And these challenges have warranted different responses.
- The first two strands have been reasonably contained.
- LWE and the current Maoist movement has its genesis in poor governance, lack of development in the tribal belt and an oppressive/exploitative hierarchy of the state and society.
- In November 2005, then PM Manmohan Singh described the LWE challenge as the most serious security threat to India and exhorted the professionals to evolve appropriate responses.
Need for restructuring
- One of the recommendations of the Kargil Review Committee (KRC) report was the restructuring of the role and the tasks of the para-military forces particularly with reference to command and control and leadership functions.
- This critical component of restructuring the leadership of the central police forces (in this case the CRPF and BSF) has not been addressed, much less redressed.
- By training, the police officer is expected to be a competent Superintendent and to maintain law and order.
- This is not the skill-set that is relevant when an officer has to “command” and lead his men into insurgency operations.
- In the current scenario, barring a few exceptions, many of the senior police officers (IPS cadre) who are introduced into the central police forces at senior ranks have little or no platoon/battalion experience.
Consider the question “What are the factors making Left Wing Extremism such a persistent internal security problem for India? Suggest the measure to improve the internal security architecture in India.”
Conclusion
The political leadership of the country needs to act and complete the task of restructuring and capacity building to address India’s internal security challenge.
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From UPSC perspective, the following things are important :
Prelims level: Various aspects related to the electoral bond scheme
Mains level: Paper 2- Issues with the electoral bond scheme and alternatives to it
The article highlights the issues with the electoral bond scheme and suggests an alternatives.
Secrecy in donations
- Before the electoral bond scheme, every transaction of more than Rs 20,000 was reported to the Election Commission.
- Now even Rs 20 crore or Rs 200 crore could be donated anonymously.
- Why should donors want secrecy? To hide return favours, like contracts, licences and bank loans.
- Both the RBI and ECI, standing up to their mandates, had registered their strong protest.
How electoral bond scheme led to changes in provisions of other Acts
- To make way for electoral bonds amendments were introduced in the Reserve Bank of India Act, Companies Act, Income Tax Act, Representation of the People Act and Foreign Contribution Regulations Act.
- There were three serious changes which did not receive the deserved attention.
1) Limit of 7.5 per cent removed
- First, the limit of 7.5 per cent of its profits which a company could donate was not just increased but completely done away with by amending section 182 of the Companies Act, 2013.
- Thus a company could donate 100 per cent of its profits to a political party.
- Even a loss-making company could make political donations.
- This is a sure step to legitimise and legalise crony capitalism.
2) Requirement of resolution removed
- The requirements for a resolution by the board of directors for a company to make donations to political parties and to declare the political donations in the profit and loss accounts were also removed.
- This would allow keeping the donations secret not only from the public but the owners of the company, the shareholders — ironically, all in the name of transparency.
3) Secrecy in contribution from foreign source
- Section 29B of the Representation of the People Act, 1951 prohibits all political parties from accepting any contribution from a “foreign source.”
- Section 3 of the 2010 Foreign Contribution (Regulation) Act bars candidates, legislative members, political parties and party officeholders from accepting foreign contributions.
- When the High Court of Delhi in 2014 found Congress and BJP having accepted foreign funds in violation of the FCRA 1976, the government passed a retroactive amendment through a 2016 Finance Bill which repealed the 1976 Act and replaced it with the modified 2010 statute.
- If any foreign country is financing our elections, it will now be a protected secret.
Way forward
- The Supreme Court’s concern about the possibility of misuse of funds is very pertinent.
- The EC has been demanding that a law be passed to make political parties liable to get their accounts audited by an auditor from a panel suggested by the CAG or EC.
- If the government don’t want to abolish the electoral bond scheme it should just make changes to it to disclose the donor and the recipient.
- Another alternative is to do away with private fund collection altogether and replace it with public funding of political parties.
- This is not likely to be more than Rs 10,000 crore every five years, if we were to go by the entire collection all the parties make together.
- Another feasible option is to establish a National Election Fund to which all donations could be directed.
- This would take care of the imaginary fear of political reprisal of the donors.
Consider the question “What were the changes introduced in various Acts for the introduction of the electoral bond scheme? What are the issues with these changes?”
Conclusion
We must not forget the finance minister’s opening statement in the 2017 Budget speech that “without transparency of political funding, free and fair elections are not possible”.
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From UPSC perspective, the following things are important :
Prelims level: Provisions of the FRBM Act
Mains level: Paper 3- Issues with the FRBM and alternative framework
The article highlights the failure of FRBM Act to contain India’s rising debt and suggests an alternative framework.
Issues with the FRBM Act
- Economic disruption caused by the COVID has prompted calls for a relook atthe Fiscal Responsibility and Budget Management Act (FRBM).
- The introduction of the FRBM in 2003 reflected the belief that setting strict limits on fiscal deficits, both for the centre and the states, was the solution.
- But this framework didn’t work.
- Apart from the initial period, when growth was booming, the deficit targets were largely honoured in the breach, leaving the primary balance [Revenue-Non-intrest expenditure] essentially unchanged (Figure 2, phase 2).
Debt has increased to record levels
- India’s general government debt has soared.
- It is now close to 90 per cent of GDP — the highest independent India has ever seen.
- The debt ratio will come down naturally as GDP normalises.
- Even so, on current policies, it is likely to exceed 80 per cent for the foreseeable future.
Would such a high level of debt be sustainable?
- Briefly, sustainability depends on two key factors:
- 1) The primary balance (PB), revenue less non-interest expenditures.
- 2) The difference between the cost of borrowing and the nominal growth rate (r-g).[interest-growth differential]
- Debt does not explode when the primary balance is greater than the interest-growth differential.
- In India’s case, PB has been negative as the government has run primary deficits.
- But this has been counterbalanced over the past decade by favourable differentials, as interest rates have been lower than growth.
- Hence, the broadly stable debt ratio.
- This equilibrium has now been upset by the sudden increase in debt.
- If the interest-growth differential consequently turns unfavourable, as occurred during the previous period of high debt in the early 2000s (Figure 2, phase 1), then debt sustainability could only be preserved by shifting the primary balance into surplus.
- And this would not be easy.

Why shifting primary balance intro surplus is not easy
- Primary deficit of the Centre and states combined is typically about 3 per cent of GDP. [say PB is -3% of GDP]
- So, shifting the primary balance into a modest surplus [i.e. turning PB from -ve to +ve] would require an adjustment of 4 percentage points of GDP.
- But non-interest expenditure is only roughly 20 per cent of GDP.
- If tax increases were ruled out, then a sudden adjustment would require non-interest spending to be cut by no less than 20 per cent (4 divided by 20 times 100).[20% of 20 is 4]
- Clearly, this would be politically impossible.
- But this would render India susceptible to panic and possibly even crises.
- The government needs to eliminate the tension, undertaking a pre-emptive consolidation to prevent the need for a sudden adjustment.
Strategy based on 4 principles
- The government should start by defining a clear objective, based not on arbitrary targets but on sound first principles: It should aim to ensure debt sustainability.
- To this end, the government could adopt a strategy based on four principles.
1) Abandon multiple fiscal criteria
- The current FRBM sets targets for the overall deficit, the revenue deficit and debt.
- Such multiple criteria impede the objective of ensuring sustainability since the targets can conflict with each other,
- This creates confusion about which one to follow and thereby obfuscating accountability.
2) Don’t get fixated on specific number
- Around the world, countries are realising that deficit targets of 3 per cent of GDP and debt targets of 60 per cent of GDP lack proper economic grounding.
- In India’s case, they take no account of the country’s own fiscal arithmetic or its strong political will to repay its debt.
- Any specific target, no matter how well-grounded, encouraging governments to transfer spending off-budget such as with the “oil bonds” in the mid-2000s and subsidies more recently.
3) Focus on one measure for guiding fiscal policy
- In this regard, Arvind Subramanian and Josh Felmanwe propose targeting the primary balance.
- This concept is new to India and will take time for the public to absorb and accept.
- But it is inherently simple and has the eminent virtue that it is closely linked to meeting the overall objective of ensuring debt sustainability.
4) Don’t set yearly target for the primary balance
- The Centre should not set out yearly targets for the primary balance.
- Instead, it should announce a plan to improve the primary balance gradually, by say half a percentage point of GDP per year on average.
- Doing so will make it clear that it will accelerate consolidation when times are good, moderate it when times are less buoyant, and end it when a small surplus has been achieved.
- This strategy is simple and easy to communicate; it is gradual and hence feasible.
Consider the question “Despite the FRBM framework India’s debt level have touched a historic high. In light of this, examine the reasons for the failure of FRBM in controlling the debt level and suggest the way forward to make India’s debt level sustainable.”
Conclusion
COVID has upended India’s public finances. It is time to learn from past experience and adapt. Adopting a simple new fiscal framework based on the primary balance could be the way forward.
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: Not much
Mains level: Paper 2- Implementation of the SC recommendations in Prakash Singh case
The article discusses the status of implementation of the Supreme Court directives in the Prakash Singh case by the States.
Background of the Prakash Sing judgement
- Over the years, the National Police Commission made several recommendations for reform of the police force.
- But many of these were not implemented effectively.
- In 1996, two retired Directors General of Police, Prakash Singh and N. K. Singh, filed a public interest litigation (PIL) to know whether those recommendations had ever been implemented.
- A decade later in 2006 that the Court delivered its verdict in what is popularly referred to as the Prakash Singh case.
- In Prakash Singh v. Union of India, the SC relied on the eight reports of the National Police Commission (1979-1981) appointed by the Union.
Following are some of the recommendations and provision and status of their implementations.
Selection and minimum tenure of DGP
- The provision regarding the selection of and minimum tenure for the DGP post has had partial if any, effect.
- Corruption, politicking, and patronage-seeking at the top is so endemic that this provision has lost its sting.
- The Security Commission consisting of the Home Minister, the Leader of the Opposition, the Chief Secretary, the DGP and five independent members is likewise ineffective.
- How can one have at the apex of the reform system for the police those who have a vested interest in not reforming the police?
Separation between investigation and prosecution wings
- The Commission’s recommendation that there ought to be a separation between the investigation and prosecution wings, as is the system in many developed countries, required immediate enforcement by the judiciary.
- Doing so will help weed out the corruption in criminal investigations would get a second look by the prosecutorial wing.
- But, for that, it would require that this department be placed not under the Home Minister, but under the Ministry of Law and Justice.
- This was never done.
The Police Complaint Authority
- Obviously, for police criminality, one cannot expect the police or the home department to take action against themselves.
- An independent body was necessary.
- The commission recommended that there should be a PCA at the state level, headed by a retired judge of the SC or high court chosen out of a panel of names proposed by the chief justice of the state.
- A similar structure was envisaged for the PCA at the district level.
- In addition, the PCAs would be assisted by members selected by the state from panels prepared by the State Human Rights Commission, Lokayuktas and the State Public Service Commissions.
- The most important part of this decision was that the recommendations of the PCA would be binding on the state.
- However, affidavits filed in the SC showed that not a single state or UT has implemented the PCA provision.
- States have not constituted panels and appointed officials as chairpersons in the place of retired judges.
- In many states, the name Police Complaints Authority has been changed.
- For example, in Tripura and Mizoram, it is called The Police Accountability Commission, diverting attention away from the fact that the commission is for entertaining complaints against police persons.
Consider the question “What are the Supreme Court directives for police reform in the Prakash Singh vs. Union of India case? To what extent states have implemented these directives?”
Conclusion
On police reform, the recommendations exist, the SC order has been made but the Union remains defiant. Perhaps, now, after the Maharashtra fiasco, the SC may decide that this case pending for eight years merits listing.
Back2Basics: The SC directives in the Prakash Singh case
1) Limit Political Control
- Constitute a State Security Commission to:
- Ensure that the state government does not exercise unwarranted influence or pressure on the police.
- Lay down broad policy guidelines.
- Evaluate the performance of the state police.
2) Appointment based on merit
- Ensure that the Director General of Police is appointed through a merit–based, transparent process, and secures a minimum tenure of 2 years.
3) Fix minimum tenure
- Ensure that other police officers on operational duties (including Superintendents of Police in charge of a district and Station House Officers in charge of a police station) are also provided a minimum tenure of 2 years.
4) Separate police functions
- Separate the functions of investigation and maintaining law and order.
5) Set up fair and transparent systems
- Set up a Police Establishment Board to decide and make recommendations on transfers, postings, promotions and other service-related matters of police officers of and below the rank of Deputy Superintendent of Police.
6) Establish a Police Complaints Authority in each state
- At the state level, there should be a Police Complaints Authority to look into public complaints against police officers of and above the rank of Superintendent of Police in cases of serious misconduct, including custodial death, grievous hurt or rape in police custody.
7) Set up a selection commission
- A National Security Commission needs to be set up at the union level to prepare a panel for selection and placement of chiefs of the Central Police Organizations with a minimum tenure of 2 years.
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: Gender Gap Report
Mains level: Paper 2- Gender discrimination
The recently released Gener Gap Report paints a grim picture for India. The deal with this issue.
Where India Stands
- The World Economic Forum’s (WEF) Global Gender Gap Report 2021 was released last week.
- The report lays bare our silent crisis of gender inequality, aggravated by the covid pandemic.
- India has slipped 28 places to 140th position among 156 countries on the WEF’s Global Gender Gap Index.
- The country is now 37.5% short of an ideal situation of equality, by its index, last year it was a 33.2% deficit on the whole.
- Back in 2006, we were almost 40% short, but even the slight progress made over the past 15 years has been highly uneven.
- Gains were made on the education and political empowerment of women, we slid sharply on health and economic parameters.
Factors to consider
- Though pandemic has been responsible for the decline to a significant extent, many of our deficiencies are pre-covid.
- Some of the drop in India’s international rank over the past two years, for example, has to do with regression in the field of political power.
- The proportion of women ministers more than halved to 9.1% of the total, though our count of female Parliamentarians did not budge from its long stagnancy.
- Our performance over the past decade-and-a-half has been poor on women’s economic opportunities and participation.
- Indian workforce has been turning more predominantly male.
- Senior managerial positions in the corporate sector have not seen sufficient female appointees.
- At the aggregate level, our income disparity is glaring.
- Women earn only a fifth of men, which puts India among the world’s worst 10 on this indicator.
- We fare worse on women’s health and survival, with India beaten to the last rank only by China.
Why proportionally fewer Indian women in jobs?
- One explanation is that sociocultural attitudes go against women going out to work, unless the family lacks sustenance, and deprivation has been in decline for decades.
- Another is that families prefer educated mothers to invest time in teaching their kids.
- Both these motives are said to be influenced by upward income mobility and a quest for better lives.
- Yet, the covid setback to both family incomes and gender progress would suggest the reasons are mostly attitudinal.
Way forward
- If the reasons are attitudinal, tax incentives and other schemes are unlikely to get women taking up more jobs.
- What we need are new forms of social persuasion, which must go with credible assurances of gender equity in every sphere.
Conclusion
A country’s economic progress is inextricably linked to empowered women. So, India needs to act on the silent crisis of India’s gender deficit to move up the economic ladder.
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: NATO
Mains level: Paper 3- Why India should engage NATO
India has jettisoned many of its foreing policy shibboleths of late, however, avoiding NATO is not one of them. The article suggests engaging NATO to be in sync with the changing geopolitics.
Why India avoided engagement with NATO in the past
- India’s real problem is not with NATO, but with Delhi’s difficulty in thinking strategically about Europe.
- Through the colonial era, Calcutta and Delhi viewed Europe through British eyes.
- After Independence, Delhi tended to see Europe through the Russian lens.
- The fall of the Berlin Wall and the collapse of the Soviet Union demanded a fresh approach to Europe.
- But Delhi could not devote the kind of strategic attention that Europe demanded.
- The bureaucratisation of the engagement between Delhi and Brussels and the lack of high-level political interest prevented India from taking full advantage of a re-emerging Europe.
- In the last few years, Delhi has begun to develop an independent European framework, but has some distance to go in consolidating it.
Ending political neglect of Europe
- India has certainly sought to end prolonged political neglect of Europe.
- The deepening maritime partnership with France since 2018 is an example.
- Joining the Franco-German Alliance for Multilateralism in 2019 is another.
- India’s first summit with Nordic nations in 2018 was a recognition that Europe is not a monolith but a continent of sub-regions.
- India’s engagement with Central Europe’s Visegrad Four also highlighted the fact that Europe is not monolith.
Why India should engage NATO
- During the Cold War, India’s refusal was premised on its non-alignment.
- That argument had little justification once the Cold War ended during 1989-91.
- An India-NATO dialogue would simply mean having regular contact with a military alliance, most of whose members are well-established partners of India.
- If Delhi is eager to draw a reluctant Russia into discussions on the Indo-Pacific, it makes little sense in avoiding engagement with NATO.
- If Delhi does military exercises with China and Pakistan — under the rubric of the Shanghai Cooperation Organisation (SCO), why should talking to NATO be anathema?
- To play any role in the Indo-Pacific, Europe and NATO need partners like India, Australia and Japan.
- Delhi, in turn, knows that no single power can produce stability and security in the Indo-Pacific.
- India’s enthusiasm for the Quad is a recognition of the need to build coalitions.
- A sustained dialogue between India and NATO could facilitate productive exchanges in a range of areas, including terrorism, changing geopolitics; the evolving nature of military conflict, the role of emerging military technologies, and new military doctrines.
- More broadly, an institutionalised engagement with NATO should make it easier for Delhi to deal with the military establishments of its 30 member states.
- On a bilateral front, each of the members has much to offer in strengthening India’s national capabilities.
What about Russia
- Russia has not made a secret of its allergy to the Quad and Delhi’s growing closeness with Washington.
- Putting NATO into that mix is unlikely to make much difference.
- Delhi, in turn, can’t be happy with the deepening ties between Moscow and Beijing.
- As mature states, India and Russia know they have to insulate their bilateral relationship from the larger structural trends buffeting the world today.
- Meanwhile, both Russia and China have intensive bilateral engagement with Europe.
Consider the question “India has to end its prolonged political neglect of Europe and engage a major European institution like NATO. In light of this, examine the factors restraining India’s engagement with the Europe.“
Conclusion
India’s continued reluctance to engage a major European institution like NATO will be a stunning case of strategic self-denial and we should avoid it.
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