Politico Analytics (Jan-Feb 2022)

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EDITOR’S MUSINGS
When we launched Politico Analytics’ First Edition last month, little did we know that we would receive such an
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So, What’s New this time?
The content has been organized on two lines, namely Purna Pariksha Guidance Material and News Based Short
Articles. Purna Pariksha Guidance Material in layperson terms would be Comprehensive Topic based Notes which
will cover all aspects of the topic and aims to provide a holistic and bird’s eye view of the same. The News Based
Short Articles are based on compilation of all the relevant news and events in the recent past. While we aim to
cover as much Current Issues as possible, based on my years of experience, I have chosen those topics which have
a remarkably high probability of being asked directly in the exam.
We have included scholarly analysis in almost all of our articles. While for students with PSIR optional such
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Thanks
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TEAM
“Rome wasn't built in one day. A marvel is not created by a genius but a band of
misfits who hold the passion to design and develop something effective.”
Mentor
● Dr Piyush Chaubey
● Dr Deepika Pandey
Contributor
● Shikha Singh
● Ankita Goswami
● Priyanka
Designing Team
● Nazia Tabbassum
Coordinator
● Prateek Chandra Tripathi

Table
S.R. Topic Page Number

1 INDIAN FOREIGN POLICY: THE BASICS 5-12
2 SCHOLARLY ANALYSIS 13-20
3 INDIA-MYANMAR 21 - 34
4 INDIA-SRI LANKA 35 - 46
5 INDIA -BANGLADESH 47 - 64
6 INDIA - CENTRAL ASIA: GROWING CONVERGENCE 65 - 75
7 THE POLITICS OF AGRICULTURE AT WTO 76 - 89
8 THE GLOBAL POLITICS OF CLIMATE CHANGE: DIVIDED 90 - 128
CAMPS AND MINDSETS
9 REVISITING THE PREAMBLE 129 - 132
10 JUDICIARY 133 - 151
11 CHINA: STRENTNING THE IMPASSE? 152 - 155
12 THE UKRAINE CRISIS EXPLAINED 156 - 163
13 PAKISTAN’S NATIONAL SECURITY POLICY 164 - 171
14 THE PROHIBITION OF CHILD MARRIAGE (AMENDMENT) 172 - 175
BILL, 2021
15 NATIONAL FAMILY HEALTH SURVEY 5 176 - 183
16 NEW CHANGES IN IAS CADRE RULES: FRICTION POINT 183 - 189
BETWEEN CENTRE AND STATES
17 RELATIONSHIP BETWEEN FUNDAMENTAL RIGHTS AND 190 – 194
DUTIES
18 LOCAL BODIES: ISSUE WITH RESERVATION OF SEATS AND 195 – 203
ISSUE OF POWERLESSNESS OF MAYOR
19 SOURCES 204 - 209

INDIAN FOREIGN POLICY: THE BASICS
● Foreign Policy is one of the wheels, with freedom”. He also described the idealism of
which the process of international politics today as the realism of tomorrow.
operates. Foreign policy is not separate from ● So, these were the origins of India’s foreign
national policy, instead, it is a part of it. policy and during the decade of the 50s and
● C.C Rodee defines foreign policy as a 60s as a result of this idealism, India was
“Foreign policy involves the formulation among the most prominent countries which
and implementation of a group of principles had not only achieved independence but
which shape the behavior pattern of a state were also working for the independence of
while negotiating with (contacting) other other countries.
states to protect or further its vital ● It was also the age of the Cold War. Under
interests” the leadership of Pandit Nehru, President
Nasser and President Tito, this community of
Evolution of Indian Foreign Policy nations evolved what is known as the Non-
● The evolution of foreign policy that took Aligned Movement. Over some time, NAM
place immediately after independence was not only acquired a political dimension but
informed with the same degree of idealism also strong economic content.
that permeated the freedom struggle. ● The Group of 77 which consisted mostly of
● Initially, when India achieved its the non-aligned countries became an
independence, this idealism formed the important instrument of negotiation and
bedrock of her foreign policy and there was articulation of views of the developing
no dearth of issues for her to espouse. For countries in all fora where economic issues
example, the war against colonialism had were discussed.
started in India. In that war, the first victory ● India has, and because of nonalignment, had
was that of India. a role in international affairs which was
● It was therefore natural for India to assume perhaps disproportionate to our military and
a leadership role against colonialism. It was economic strength. What sustained that role
also India’s destiny to lead the fight against was the idealism and morality that informed
racism, particularly the policy of apartheid our foreign policy. It is this idealism that gave
which was being practised in South Africa. us status internationally.
The war against colonialism and the war ● When Mrs. Indira Gandhi became the Prime
against racism formed some of the basic Minister of India, she learned more about
ingredients of India’s early foreign policy. the realist aspects of India’s foreign policy.
● Immediately after the independence of She did not depend on idealism entirely.
India, Pt. Nehru observed "the objectives of During her regime, a lot of things happened
our foreign policy are the preservation of that brought India into the world map.
world peace and the enlargement of human

● We had the nuclear tests in 1974. We went ● What does realism really mean? It means
into space and the first satellite was placing your national interest first and
launched by us in July 1980. We started to foremost. In a situation where every nation
reform our economy. A change was is giving priority to its own self-interest, we
noticeable, both in the economic content of are likely to be left behind if we did not look
foreign policy as well as the military and at our interests. The guiding principle of
defense content. foreign policy today is realism and the
● It was not that Mrs Gandhi did not play a role pursuit of national interest.
internationally. But during her era, there was ● On our part, we supported the United
an emphasis on disarmament, development Nations in the speech our Prime Minister
and on the environment in the international made in the UNGA. We are happy at the
field. These are three things that she brought outcome which recognizes the value of the
into sharper focus as part of her foreign United Nations as an agency which should be
policy. used for the resolution of international
● This realism was followed by subsequent conflicts.
regimes and the culmination of this realism ● The other aspect of our foreign policy
was in May 1998 when India decided overtly currently and for some time to come, is
to go for nuclear tests. India declared to the phenomenalism. To establish a multi-polar
world that it was a nuclear-weapon power. world, smaller countries in the world are
● In the meanwhile, in the decade of the 90s, getting together and evolving themselves
a unipolar world emerged with the collapse not merely into economic groups but also
of the Soviet Union. The international acquiring a political personality. India has
backdrop also underwent a dramatic evolved a policy to deal with these regional
change. In our country, we launched groups.
ourselves on a definite path of economic
reforms, liberalization and greater
integration with the global economy. During Principles of Indian Foreign Policy
this phase, globalization became a force that
no country could ignore. Anti-Colonialism
● Today’s foreign policy is, therefore, more ● India has suffered for a long time under
realistic based on the recognition that India’s colonial oppression. Hence anti-colonialism
place in the community of nations will be has been a core principle in its foreign policy.
determined by the economic and military In this regard, after gaining independence,
strength that is there to back it up. India had advocated freedom from
● It does not mean abandonment of idealism colonialism for all other countries. India also
but clearly idealism alone cannot suffice. We provided leadership for the Non-Aligned
live in a world where such idealism does not Movement (NAM) to all such countries with
exist. It has become a thing of the past and colonial history.
everyone is interested in making one’s
foreign policy on realistic considerations.

Equal Sovereignty other nations and finally the adoption of

● India believes that all nations, regardless of the policy of non-alignment should be seen
their size or economic or military power, are in this light.
equal. They all enjoy equal sovereignty ● To sustain the country’s growth trajectory,
which must be respected. India needs to interact with its foreign
partners to bring in Foreign Direct
Non-Aligned Investments, financial assistance, and
● For a long period, India kept itself distanced transfer of technology for schemes and
from the Capitalist/Communist Blocks led by programmes like Make in India, Skills India,
the USA and USSR respectively. This Smart Cities, infrastructure development,
neutrality was called non-alignment. Digital India, Clean India etc. Therefore, it
However, in recent times, there has been a can be noted that in recent years, India’s
slight shift in that policy with emergence of foreign policy adopted an approach by
China as a global rival in our immediate integrating economic diplomacy with
neighbourhood. political diplomacy.
● India has the largest diaspora in the world,
Panchsheel comprising about 20 million Non-Resident
● The Panchsheel was a set of five principles of Indians and Persons of Indian Origin, spread
foreign policy given by Jawaharlal Nehru. It all over the world. Therefore, one of the
will be explained below separately. major objectives is to engage them and
derive maximum benefits from their
Gujral Doctrine presence abroad, while at the same time
● It was a set of five principles adopted by protecting their interests to the extent
former Prime Minister Inder Kumar Gujral. It possible.
is explained below separately.
Promoting international peace and security-
● India as a ‘newly independent and
Major Objectives of India’s Foreign
developing country rightly realized that
Policy international peace and development are
correlated.
● The territorial integrity and protection of ● Her emphasis on disarmament and the
national boundaries from foreign policy of keeping away from military
aggression is the core interest of a nation. alliances is intended to promote global
● India had gained hard-earned independence peace.
from foreign rule after a long time. Thus, it
was natural for her to give due emphasis on The economic development of India
the independence of foreign policy. ● The fast development of the country was the
● India’s effort to strengthen Afro-Asian fundamental requirement of India at the
solidarity, endorsement of principles of time of independence. It was also required
non-interference in the internal affairs of to strengthen democracy and a free country

● To gain financial resources and technology

from both blocks and to concentrate her Ministry of external affairs-
energy on the development, India opted ● Allocation of Business Rules’ of GOI shows
away from the power bloc politics, which that MEA has been empowered with the task
was the defining feature of Cold War of planning, formulating and managing
international politics. India’s external relations with other nations
to protect and promote national interests on
The foreign policy practice of India also reveals its the global stage. Given this basic directive,
some other objectives- one may mistakenly assume the agency is
● Its primary objective is to promote and the sole agency charged with making India’s
maintain a peaceful and stable external foreign policy.
environment in which the domestic tasks of ● In reality, MEA acts like the foreign policy
inclusive economic development and secretariat in India, which receives
poverty alleviation can progress rapidly. numerous policy inputs from various
● Thus, India seeks a peaceful periphery sources, and analyzes and channels the
neighborhood for a good neighborly different options to the political leadership,
relations neighborhood extended i.e., the Cabinet headed by the PM, and then
neighborhood. implements decisions taken at this apex
● India’s foreign policy also recognizes that level.
issues such as climate change, energy, and ● Inputs come from information gathering
food security are crucial for India’s primarily by Indian Diplomatic Missions
transformation. Since they are global in (Embassies, High Commissions and
nature, they require global solutions. Permanent Representative Offices) abroad.
● Other sources are relevant ministries,
departments and agencies in India, from
Institutions and Actors in Foreign Policy Think Tanks and research centers like the
Decision Making in India IDSA and IWCA.
● The Policy Planning and Research Division of
No single institution or personalization can be MEA is the coordinating point. Notes for
attributed with having exclusive rights or influence in Cabinet are initiated by the concerned
this area. At different times, one or the other may territorial or functional division.
have been dominant, but as we shall soon see, there
are several contributing actors, who collectively Cabinet/Cabinet Committees
● The Cabinet being the topmost decision-
build up what we tend to term as India’s Foreign
Policy Consensus, which has the backing of the making body of the government determines
majority of the political leadership of the country, the course of India’s external relations by
both of the ruling dispensation and those in the giving necessary directions. Cabinet
opposition. Ministers are the most trusted colleagues of
the Prime Minister and assist and advise him

or her on major foreign policy issues, Advisor (NSA), an Additional PS to PM,

including during times of crisis. Secretary to PM, two Additional Secretaries,
● Cabinet decides on measures to strengthen five Joint Secretaries and several other
India’s external security in consultation with officers at the levels of Director, Deputy
MHA, MoD and MEA. Secretary and Under Secretary.
● Regarding foreign trade and investment ● The Prime Minister, almost without
issues, the prime consultants are the exception, has been the central figure in
Ministries of Commerce and Industry, foreign policy decision making since
Finance and External Affairs. Independence. All important matters on
● The main function of the relevant cabinet foreign policy and security need the PM's
committee is to examine the various approval before implementation.
activities of the ministry and to give policy ● The NSA is an important and influencing
directives to the respective departments. factor in the advice reaching the PM.
Though none of the current cabinet ● Successful foreign policy formulation and
committees (like the CC on Security or CC on execution depends on the degree of
Economic Affairs) deal exclusively with a coordination between the PMO and MEA.
foreign affairs, the issues dealt by such CCs ● The PM's approval is crucial in the
directly impact India’s foreign policy and appointment of Indian Ambassadors and
practices. High Commissioners abroad, though the
formal letter of appointment is issued by the
Prime Minister’s Office (PMO) President in his capacity as Head of State.
● The senior-level bureaucrats provide ● In other words, on all major foreign policy
secretarial assistance and advice to the PM. issues, the buck stops at the door of the
It coordinates various central agencies like Prime Minister.
the Cabinet, Cabinet Committees, Council of
Ministers and other stakeholders to sort out National Security Council (NSC)
interdepartmental hurdles in domestic and ● This is an apex body of the Government of
foreign policy execution. India, which advises the Government on
● During PM Nehru’s time, since he was both matters of India’s National Security, Foreign
PM and EAM, the Prime Minister’s Policy and Defense. Although the final
Secretariat (as PMO was known then), decisions rest with the PM and the Cabinet,
became the centre of foreign policy decision in recent years, the National Security Council
making. has emerged as an important stakeholder in
● This trend has continued with each PMO the shaping of India’s foreign and security
assuming the central role in all policy, policies.
including foreign policy decision making, ● Chaired by the PM, the NSC consists of the
often bypassing the Cabinet, Cabinet Ministers of External Affairs, Defense, Home
Committees and Council of Ministers. and Finance, the NSA and the Deputy
● The current PMO consists of the Principal Chairman of Niti Ayog (successor to Planning
Secretary to PM, the National Security Commission).

● The NSC is a three-tier organization ● Parliament may also constitute ad hoc

consisting of the Strategic Planning Group, committees to look into specific issues.
the National Security Advisory Board and
the Joint Intelligence Committee. State Governments
● Ministry of Defense and Ministry of ● Though foreign affairs is exclusively a central
Commerce & Industry-The subject as per Constitutional provisions are
Government/PMO seeks the Ministry of concerned, this does not mean that State
Defense's views on defense related to Governments are relevant as far as
defense policy and national security. The policymaking is concerned.
Raksha Mantri (Defense Minister) is a ● For example, the Ganges Water Sharing
member of the Cabinet Commit on Security Treaty with Bangladesh would not have been
and of the National Security Council. possible without the support of the West
● The Department of Commerce (DoC) Bengal Government. Water and land
together with the MEA and the Ministry of boundary issues with Pakistan have to take
Finance is largely responsible for conducting into account the views of the adjoining
India's economic diplomacy. On trade issues states of J&K, Punjab and Gujarat. In our
at the WTO, bilateral and multi bilateral dealings with Nepal, UP and Bihar are key
FTAs, etc, the policy is largely initiated and dialogue partners. Tamil Nadu has had a
formalized at the DoC. Investment and disproportionate influence on India's
taxation issues are coordinated by the MoF policies towards Sri Lanka due to the Tamil
in consultation with MoC, MEA, CBDT, factor.
Customs, etc. ● Other states, which historically took a back
seat on foreign affairs in the past, are more
Parliament active in this century, particularly on issues
● India's Parliament (Lok Sabha and Rajya that have a direct bearing on their
Sabha) has the power to legislate on foreign populace.For example, Kerala is quite active
affairs, one of the subjects in the exclusive on NRI and PIO issues for obvious reasons.
domain of the central/union government. ● Recognizing the importance of carrying
This authority includes legislation or States along as co-partners for success in
amendment of any law for the successful foreign relations, MEA has established a
implementation of international treaties, dedicated States Division, which acts as its
agreements and conventions. interface with all states. Heads of Missions
● Government is accountable to Parliament, and Commercial Officers of our Embassies
which can seek information and clarification and High Commissions are encouraged to
on policies and issues. Among its important regularly visit the states of their concern.
oversight functions, Parliament has a
Standing Committee on External Affairs and Academia, Think Tanks and Personalities
a Standing Committee on Defence, which ● Not long back, the only significant group
grill the officials on issues pertaining to outside the government exercising any level
foreign relations and external security. of influence in foreign affairs were our dons
https://t.me/piyush_choubey https://www.piyushchaubey.com/ 10 | P a g e
in various universities, research centers and which may affect the lives of its citizens
think tanks. Significant early birds are the directly or indirectly.
School of International Studies at JNU, the ● NGOs are growing in stature not only for
MEA supported Indian Council of World their work among the masses in India but
Affairs (ICWA) and the Defense Ministry also in significantly influencing policy
supported Institute of Defense Studies and decisions, some of which have a bearing on
Analysis (IDSA). India's external relations. environmental
● International relations studies departments issues, human rights and migration issues
in universities and colleges, including in are very active in India.
Delhi and Mumbai and in a few upcoming
private higher educational institutes, Business Organizations
contribute inputs towards India’s foreign ● Big business, particularly the house of the
policy calculus. Tatas and Birlas played a benevolent hand in
● There have been some outstanding the shaping of the newly independent nation
statesmen, scholars, civil servants and and its national and global outlook. In the
diplomats whose guiding hand in shaping post-reform period, business organizations,
India's foreign policy, particularly in the like FICCI, CII, ASSOCHAM, NASSCOM, etc.,
initial decades, must be acknowledged. K. M. could be regarded as akin to US lobbyists
Panikkar, KPS Menon, KR Narayanan, K groups, which engage with the government
Subramanian, G Parthasarathy, JN Dixit and for a favorable business environment to suit
Brijesh Mishra, among others. the interests of their members.
● Their bold outlook and perceived influence ● Foreign trade and investment as a
with leaders like Jawaharlal Nehru, Indira component of India's GDP have been on the
Gandhi, Narasimha Rao, IK Gujral, and Atal rise since the 1990s. Obviously, much of this
Bihari Vajpayee, gave them the platform to interaction seeks to influence the
induct crucial inputs in the evolving foreign government to adopt favourites that favour
policy architecture of India. Indian exporters, importers, recipients of FDI
● Some of these bodies, like friendship and the Indian investors.
associations, are formally established and ● The government in turn uses the expertise
registered with the concerned authorities and resources available with such business
and have great policymakers, while others groups to conduct its economic diplomacy. It
are informal but wield influence primarily is now customary for senior leaders,
through making their views known through including Presidents, Vice Presidents, PMs
various media, including through writings in and relevant ministers to have business
influential journals and magazines, and delegations accompany them on their
lately through social media. official visits abroad.
● This is a healthy development as the ● A case in point is the favorable environment
Government is forced to factor in the views created for Indian IT companies in the US
from the ground before deciding on issues through sustained lobbying there by
NASSCOM.
Diaspora
● Once taunted as the 'Not Required Indians',
in a major policy turnaround since the 1990s,
the Non-Resident Indians (NRIs) and the
Persons of India Origin (PIOs), most of whom
today hold the OCI card giving them access
and facilities similar to NRIs, are an
established factor in Indian politics.
● Growing in wealth and influence and India's
quest to use its diaspora population across
the globe for its national and international
priorities, the NRI and PIO lobby is gaining
influence in ensuring national and
international policies.
SCHOLARLY ANALYSIS
Rajeev Sikri’s analysis of Factors fundamentalism, piracy and narcotics
production are rampant in areas that
determining the Indian foreign Policy
surround India.
Geography
Strategic Culture
● India’s foreign policy is shaped by five broad
● India’s strategic culture has been shaped by
factors viz. geography; strategic culture;
its history, philosophy and traditions.
India’s requirements and goals; global and
Centuries of peace and prosperity made
regional challenges; and resources.
Indians complacent and arrogant. India
● In today’s world, India’s geography poses
stagnated and ossified. That is why it could
three principal foreign policy challenges.
be so easily conquered by invaders, both by
One, trying to demarcate a historically non-
land and by sea, in the second millennium.
existent border gives rise to border disputes
● Mahatma Gandhi’s philosophy of non-
as, for example, with China. Two, today’s
viobehaviouroral behavior and Satyagraha
political borders of South Asia are artificial.
was rooted in India’s moral, ethical and
India has been divided in the past, but never
philosophical traditions such as the Vedas,
so irrationally as it has been since 1
the Ramayana, Mahabharata as well as the
neighbour's neighbors want to keep their
teachings of Lord Buddha.
distance to assert and preserve their
● Gandhiji’s own experiences in South Africa
sovereignty. Thus they deliberately
contributed to his understanding that India’s
downplay their interdependence,
freedom was linked to that of other Asian
complementarities and commonalities with
and African colonies. In turn, Gandhi's
India.
thinking influenced Jawaharlal Nehru.
● Three, India is boxed in – by Pakistan on the
Therefore, it is not surprising that the
west and Bangladesh withoutast. without
defining characteristics of India’s foreign
their cooperation, India cannot meaningfully
policy in the first few decades after
extend its overland reach and influence. At
Independence were non-alignment, anti-
the same time, India is very strategically
colonialism, anti-racialism, non-violence,
located in the heart of Asia and dominates
disarmament, and peacemaking.
the Indian Ocean, which is named after India.
● Multilateral diplomacy acquired an aura
East Africa, the Arab world, Central Asia and
beyond its real importance. Indian diplomats
Southeast Asia are all within easy reach of
became experts in trying to work out
India. The main sea lines of communication
compromise positions rather than playing
in the Indian Ocean pass very close to India.
hardball to preserve and promote India’s
The Persian Gulf, which is the principal
national interests.
source of exportable global oil and gas
● Such attitudes lasted for many decades after
neighbours. Unfortunately, terrorism,
Nehru too. It is only under Prime Minister
Modi that this deeply ingrained attitude has travel abroad for business, education or
begun to change. India’s foreign policy today tourism. An equally large number of Indian
is not hobbled by ideology or sentimentalism. citizens and people of Indian origin live and
India is seeking friends and partners, though work abroad. Looking after the welfare of all
not as a supplicant, or as a weak country that these groups of Indians is a very important
can be manipulated. task of Indian foreign policy.
Requirements and Goals Global and Regional Challenges

● The primary task of India’s foreign policy is to ● How should India protect and promote its
ensure the country’s security and territorial interests in today’s world, which is in flux and
integrity, and a peaceful external full of uncertainties? Global power equations
environment for India. This means having are changing. The relative weight of the US
good relations with foreign countries. has diminished and it is less self-assuinward-
Foreign policy is not an elitist, esoteric looking inward-looking.
activity that is conceived and executed in a ● Europe is grappling with Brexit, the rise of
separate silo, disconnected from what’s right-wing nationalism, and a flood of
happening within India. immigrants. China is the new pretender that
● It is an integral and critical element of an relentlessly pursues its ‘China Dream’ of
overall strategy to serve national goals and Asian, and eventually global, domination.
priorities including social and economic Russia has regained much of its self-
devedefence, and defense preparedness. confidence and seeks to reclaim the Soviet
That is why today there is a greater emphasis Union’s erstwhile global stature.
on the economic component of India’s ● We see a more activist and less inhibited
foreign policy. Japan is playing a greater role in Asia
● Economic liberalization has raised the stakes matching its economic and technological
and the influence of businessmen, strength. The entire region from Pakistan to
industrialists and entrepreneurs in foreign Morocco is in upheaval, with rampaging
affairs. Foreign policy has to promote trade, terrorism, fundamentalism, sharp regional
create jobs (both in India and abroad), bring rivalries, as well as many so-called ‘failed’
in needed defense and defense technologies and ‘failing’ states.
and promote inward as well as outward ● A more self-confident and ambitious India
investments. It also has to ensure India’s under Narendra Modi is seeking to develop a
energy security, since India depends hugely new paradigm for India’s foreign policy
on imported oil, gas and coal, as well as where India would not be a mere ‘balancer’
many other raw materials and natural or ‘swing state’ but a ‘leading state’ that
resources. seeks a place at the global high table.
● Today, an increasing number of Indians,
particularly the younger generation –
students, professionals, and businessmen –
have global interests. Millions of Indians
D.B. Venkatesh Varma China and other big powers. To meet this
challenge, evolving an effective continental
Context-The author talks in detail about the need, strategy for India will be a complex and long-
relevance and challenges associated with India’s term exercise.
Continental Strategy. Content focuses on the ● India’s maritime vision and ambitions have
challenges in the Eurasian Region and what options grown dramatically during the past decade,
does India have in the geopolitical geo-political symbolized by its National Maritime
scenario. Strategy, the Security and Growth for All in
● The collapse of American military power in the Region (SAGAR) initiative for the Indian
Afghanistan, the subsequent takeover of Ocean Region and major initiatives relating
Kabul by the Taliban and the consequent rise to the Indo-Pacific and the Quad, in which
in the influence of Pakistan and China are maritime security figures prominently. This
developments of high concern for India’s was perhaps an overdue correction to the
continental security interests. historic neglect of India’s maritime power. It
● India’s continental strategy, in which the was also a response to the dramatic rise of
Central Asian region is an indispensable link, China as a military power.
has progressed intermittently over the past ● Maritime security is important to keeping
two decades — promoting sea lanes open for trade, commerce and
connectivitdefencepient defense and freedom of navigation, resisting Chinese
security cooperation, enhancing India’s soft territorial aggrandizement in the South
power and boosting trade and investment. It China Sea and elsewhere, and helping littoral
is laudable, but as is now apparent, it is states resist Chinese bullying tactics in
insufficient to address the broader interstate relations.
geopolitical challenges engulfing the region. ● However, maritime security and associated
● China’s assertive rise, the precipitous dimensions of naval power are not sufficient
withdrawal of forces of the United instruments of statecraft as India seeks
States/North Atlantic Treaty Organization diplomatic and security constructs to
(NATO) from Afghanistan, the rise of Islamic strengthen deterrence against Chinese
fundamentalist forces, the changing unilateral actions and the emergence of a
dynamics of the historic stabilizing role of unipolar Asia.
Russia (most recently in Kazakhstan) and ● The Chinese willingness and capacity for
related multilateral mechanisms — the military intervention and power projection
Shanghai Cooperation Organization (SCO), are growing far beyond its immediate region.
the Collective Security Treaty Organization, Its rise is not merely in the maritime domain.
and the Eurasian Economic Union — have all ● It is expanding on the Eurasian continent —
set the stage for a sharpening of the its Belt and Road Initiative projects in Central
geopolitical competition on the Eurasian Asia up to Central and Eastern Europe and
landmass. This competition is marked by a the Caucasus, undercutting traditional
weaponization of resource and geographical Russian influence, its gaining access to
access as a form of practice, practiced by energy and other natural resources, and its
dependency-creating investments, cyber and continental routes — be it through the lifting

digital penetration and expanding influence of Pakistan’s blockade on transit or the lifting
among political and economic elites across of U.S. sanctions against transit through Iran
the continent. into Eurasia.
● Bulwarks against Chinese maritime ● With the recent Afghan developments,
expansionist gains are relatively easier to India’s physical connectivity challenges with
build and its gains easier to reverse than the Eurasia have only become starker. The
long-term strategic gains that China hopes marginalization of India on the Eurasian
to secure on continental Eurasia. Like the continent in terms of connectivity must be
Association of Southeast Asian Nations reversed.
(ASEAN) centrality is key to the Indo-Pacific, ● A major conflict — if it erupts in Central
the centrality of the Central Asian states Europe, pitting Russia, Ukraine and some
should be key for Eurasia. Border, European states — will stall any hopes of a
connectivity issues substantial U.S. military pivot to the Indo-
● India’s partition and the emergence over the Pacific. Geopolitics may be fractured but
past six decades of a persistent two-front always add up globally.
threat from Pakistan and China set the stage ● European NATO powers dependent on the
for a tough continental dimension of our U.S. can do only so much for strengthening
security. There is the increased militarization security in the Indo-Pacific. Their
of the borders with Pakistan and China, with engagement with the Indo-Pacific is
the Ladakh sector now increasingly looking welcome but we should not only be
like it will see permanent deployment on the cognisant of the limitations of geography,
Siachen Glacier. obvious gaps between strategic ambition
● India has been subject for over five decades and capacity but also the inherently different
to a land embargo by Pakistan that has few standpoints of how major maritime powers
parallels in relations between two states that view critical questions of continental
are technically not at war. Connectivity security. India is unique as no other peer
means nothing when access is denied country has the same severity of challenges
through neighboring state hostility contrary on both the continental and maritime
to the canons of international law. dimensions.
● Difficulties have arisen in operationalizing an ● We would need to acquire a strategic vision
alternative route — the International North- and deploy the necessary resources to
South Transport Corridor on account of the pursue our continental interests without
U.S.’s hostile attitude towards Iran. ignoring our interests in the maritime
● It may appear strange that while we join the domain. This will require a more assertive
U.S. and others in supporting the right of push for our continental rights — namely
freedom of navigation in the maritime that of transit and access, working with our
domain, we do not demand with the same partners in Central Asia, with Iran and Russia
force the right of India conduct interstate (not that we have many other options), and
trade, commerce, and transit along a more proactive engagement with
economic and security agendas ranging from statement in June 2020 that “neither has
the SCO, Eurasian Economic Union (EAEU) anyone come in nor is anyone inside” Indian
and the Collective Security Treaty territory, it is clear from a number of ground
Organization (CSTO). Stabilizing Afghanistan sources, satellite maps and official releases
is a necessary but not a sufficient condition. that the People’s Liberation Army (PLA) has
● Striking the right balance between amassed along the Line of Actual Control
continental and maritime security would be (LAC) in unprecedented numbers for “peace-
the best guarantor of our long-term security time”, built villages and settled populations
interests. But this will not be easy as we inside disputed territory claimed by India.
would need to work with different partners
on different agendas even while their What can be done?
geopolitical contradictions play out in the ● The first is to resolve not to make spaces for
open. China in the manner that the Modi
● India will need to find its own parameters of government has during the coronavirus
continental and maritime security consistent pandemic. By failing to keep its promises to
with its own interests. In doing so, at a time provide vaccines, even those that had been
of major geopolitical change, maintaining paid for by countries such as Bangladesh and
our capacity for independent thought and Nepal, and to send the paltry number
action (namely strategic autonomy) will help required by Bhutan and the Maldives, India
our diplomacy and statecraft navigate the has left an indelible scar in the region.
difficult landscape and the choppy waters ● Second, India cannot cast itself as a counter
that lie ahead. to China by invoking its democratic system
unless it is prepared to adhere to the very
Suhasini Haider principles the Indian Republic’s founders
committed to: as a pluralistic,
Context- Examination of Challenges of Power representative, inclusive power that respects
perception which India faces in its immediate the rights of each citizen, the media, and civil
neighborhood and how India can effectively society. While neighbours may not emulate
counter it. India, they admire these very qualities that
● Four months after the Taliban takeover of differentiate New Delhi from Beijing.
Kabul, it is clear that New Delhi has failed ● The third imperative, which would promote
affected outcomes in a country where it has India’s leadership in the region, is to stop
had a role historically and is now left seeing collaborations with other countries
studying the threats that will emanate from for projects in South Asia as a “win-win”
Afghanistan — from terror groups, narcotics, Recent surveys by think tanks Carnegie and
and mass migration to flee the growing the Center for Social and Economic Progress
humanitarian crisis there. have found that while India is a preferred
● The next big challenge India has faced is from strategic partner for most of the countries in
Chinese aggression, quite directly. the neighbourhood (with the obvious
Regardless of the Indian Prime Minister’s exception of Pakistan), possible Indian
collaborations with the U.S., Japan, Europe, ● During Modi 1.0, relations with Nepal,
etc. are not as popular, especially as they are Bangladesh and Sri Lanka (as well as the
seen as “anti-China” rival platforms, which attitude towards the Taliban until they
these countries would want to avoid. overran Kabul in August 2021), for instance,
● These partnerships also hamper India’s were complicated due to ideological
ability to stand up for its neighbours when overtones and aggressive policies. Such an
required, as some in Dhaka had hoped it ‘either you are with us or against us’ attitude
might when the U.S. chose to slap sanctions prompted many of India’s neighbours to opt
on Bangladesh’s multi-agency anti-terror for the latter part of the choice allowing
Rapid Action Battalion (RAB) force right as China a free pass, at least to some extent,
the nation50th-anniversary celebrations into India’s traditional sphere of influence.
began. ● India’s new Nepal policy devoid of Hindutva
● As a result, New Delhi must block all fantasies and diplomatic imperiousness, and
external attempts to recast India as a friendly outreach to both Bangladesh and Sri
“middle power”, one which looks to the Lanka are already yielding results. If indeed
example of others to decide its best ‘illegal Bangladeshi migrants’ do not become
interests and needs the support of other an issue in the upcoming elections in India,
powers to chart its course of action in its the warmth generated by the recent golden
neighbourhood. jubilee celebrations of Bangladesh’s
● More than anything else, India’s response to liberation from Pakistan (with Indian help)
neighbourhood challenges must not paint it could further strengthen the relationship.
as a “victim of circumstance” but as an India’s foreign policy interests should not be
arbiter of its own destiny, and the region’s. allowed to become a handmaiden to the
BJP’s domestic political ambitions.
Happymon Jacob ● Effective multilateralism: New Delhi’s
multilateral engagements have also become
Context-how Modi 2.0 is different in its foreign more result-driven and interest-based which
policy. What has worked for India in the last few it seems to pursue without getting caught in
years and what more needs to be done to ensure holier-than-thou rhetoric.
that India doesn’t lose the momentum created. ● India’s membership and presidency of the
● A conciliatory policy: If Hindutva ideology United Nations Security Council (UNSC)
and imperious aggression characterized New witnessed some resolute positions from the
Delhi’s diplomacy towards the country. New Delhi’s able framing of the
region/neighbourhood during Modi 1.0, world body’s response to the crisis in
India’s neighbourhood policy today is an act Afghanistan (especially when India was
in careful, well-calibrated well-thought-out holding the presidency of the UNSC) along
put policy overtures towards most of the with an outreach to the Taliban, when much
region, with a deep desire to win back the of the world was struggling to make up its
neighbours. mind on how to deal with Taliban 2.0, was
remarkable.
● India’s far more determined engagement of great deal of skepticism towards free trade
the Quad(India, Australia, Japan and the agreements (FTA).
U.S.) and the global climate change ● When Mr Modi assumed office in 2014, his
negotiations in Glasgow, while at the same government even announced that it would
time pushing back attempts at securitising review all existing FTAs to see if they were
climate change at the UNSC, also indicate helpful to the country. What followed was a
that it is willing to be a responsible depressed Indian approach towards FTAs. In
stakeholder in global/regional governance 2019, India decided not to become part of
forums. The Modi government’s transition the Regional Comprehensive Economic
from political rhetoric to purposeful action is Partnership (RCEP).
clear. ● However, today there seems to be a rethink
● Balancing contradictions:For a country like in the government about the utility of FTAs.
India, located in an unfriendly New Delhi is scheduled to begin FTA
neighbourhood and caught amidst the negotiations with the United Kingdom and
vagaries of great power competition among Canada in 2022 and may start discussing the
the United States, Russia and China, it is not possibility of another one with the Gulf
easy to balance the various political Cooperation Council countries.
contradictions. New Delhi’s foreign policy ● It may finalize an FTA with the United Arab
has, of late, exhibited a great deal of agility Emirates in 2022. And this comes in the wake
and flexibility in managing those of the Government’s decision to resume
contradictions to the extent possible. long-suspended negotiations with the
● In the broader West Asian region too, New European Union for a comprehensive trade
Delhi’s balancing acts have been and investment treaty.The Modi government
remarkable: between the Arab States and seems to have realized that its desire to
Israel, Israel and Iran, Iran and the Gulf make India a $5 trillion economy (from the
states, and Iran and the U.S. current $3 trillion) by 2024-25 will remain a
● India’s relations with China have witnessed a fantasy unless it is able to proactively pursue
certain amount of careful balancing. Despite trade agreements, among other things.
the military stand-off on the Line of Actual ● In sum, New Delhi appears to have realized
Control (LAC), bilateral trade has only shot that the pursuit of national interest is a
up: India-China trade, for instance, increased serious business and must move beyond the
by a record 62.7% in the first half of 2021. promotion of ideological predilections and
New Delhi has also been able to engage the personality cults.
China-dominated Shanghai Cooperation ● A rebooted Indian foreign policy must find
Organization even as it is strengthening its ways of imagining a new regionalism with or
participation in the Quad. without the South Asian Association for
● Realities of geoeconomics: Modi 2.0 has Regional Cooperation (SAARC) and must
also appeared to have realized the folly of shed its obsession with Pakistan and
resisting global and regional economic terrorism.
integration. Mr Modi’s first term exhibited a
https://t.me/piyush_choubey https://ww.piyushchaubey.com/ 20 | P a g e
INDIA-MYANMAR
● India is Burma's 4th largest trading partner
after Thailand, China, and Singapore.
● India is the second-largest export market for
Burmese exports after Thailand.
● India is also the seventh most important
source of Burma's imports.
● The bilateral trade stands at approximately
US $1.6 billion in 2017-18.
● The agriculture sector dominates the
bilateral trade which comprises mostly
pulses and beans imports to India.
● India is additionally the tenth largest
investor in Myanmar. India has substantial
investments in Myanmar's oil and gas sector.
● Indian export of pharmaceuticals, which
enjoys a good reputation in Myanmar,
● India shares a nearly 1600 km long land stands at US$ 199.67 Million in 2018-19
border with Myanmar and an extended which is about 40% of the market share in
maritime border also. It shares an Myanmar.
international boundary with the Indian ● India and Myanmar have decided to work
states of Mizoram, Nagaland, Manipur, and together to launch India’s RuPay Card in that
Arunachal Pradesh. Besides geographical country at the earliest and explore the
proximity, the two also share ethnic, creation of a digital payment gateway.
religious, and linguistic commonalities. The ● India’s major economic and connectivity
relations between the two neighbors have projects with Myanmar have an ASEAN-wide
witnessed many highs and lows. scope. India, Myanmar and Thailand are
● Indo- Myanmar ties, however, witnessed a jointly developing a 1,360km highway
turnaround during the 1990s when India designed to link the three countries and
mooted the design of the East Policy with improve connectivity between India and
Myanmar emerging as key to the present ASEAN states. The highway may eventually
policy posture by India. be extended to connect India with Vietnam
through Cambodia and Laos.
● India is also undertaking a US$77m rural
Areas of cooperation connectivity project to provide basic
internet access to villages in Myanmar,
Economic Relations and Infrastructure and Vietnam, Cambodia and Laos, a scheme that
Connectivity
could be replicated in other ASEAN development which is inclusive of faculties

countries. and health care centers. This aid is a crucial
● India’s connectivity projects with Myanmar tool for exercising 'soft power.
also include the Bangladesh–China–India– ● India has also assisted Myanmar in
Myanmar (BCIM) Economic Corridor, humanitarian relief operations following
currently under joint study. India and China natural calamities like Cyclone Mora (2017),
agreed to ‘speed up’ economic cooperation Komen (2015), etc aside from monetary
in the BCIM corridor during April’s informal support in rehabilitation and
summit between Modi and China's President reconstruction.
Xi in Wuhan. ● India offered to help in capacity building in
● By 2001, BRO had constructed the Indo- disaster risk mitigation as well as
Myanmar Friendship road to enhance strengthening Myanmar's National Disaster
connectivity between the 2 countries. Also Response Mechanism.
under construction is the India-Myanmar
Thailand Trilateral Highway that connects Cultural Cooperation
Guwahati in India with Mandalay and ● India has built on the cultural affinities
Yangon in Myanmar and eventually shared with Myanmar by assisting in
culminates in Thailand. restoration work on the Anand temple in
● Another connectivity project underway is Bagan. This gives India enormous goodwill. A
the Kaladan multi-modal Highway that bust of Bal Gangadhar Tilak in Mandalay Jail
connects Kolkata with Sittwe via sea and is a symbolic gesture for a closer relationship
Sittwe with Myanmar via Kaladan river, and understanding of mutual existence.
thereby reducing transit time and ● The 5 B’s: A bridge between South Asia and
costs.These projects will help boost bilateral Southeast Asia, Myanmar has loomed large
trade between the countries. on India’s diplomatic horizon. Blending
business, culture, and diplomacy, there is a
strong connection between the two
countries. Buddhism, Business, Bollywood,
Bharatnatyam, and Burma teak— these are
the five Bs that frame India-Myanmar
relations in the popular imagination.
Defense cooperation
● India’s foreign ministry has separate
divisions for ‘Bangladesh and Myanmar’ and
ASEAN, which means the country’s
diplomats deal with matters relating to its
Development Aid relations with Myanmar as a neighbor
● India has committed $ 1.7 billion of aid and
separately to those relating to Myanmar as
loans to Myanmar for infrastructure an ASEAN state.
● Security and defence relations between the been conducting joint maritime patrols since
two countries focus primarily on border 2013.
security and counter-terrorism. The first- ● Besides, Myanmar has assured India that
ever India–Myanmar Bilateral Military it'll prevent the utilization of its territory for
Exercise (IMBAX-2017), took place over six anti-India activities. India and Myanmar
days in November 2017 and focused on have also agreed to cooperate militarily to
peacekeeping operations. help modernize Myanmar's military.
● India’s concerns over border security were ● Indian and Myanmar troops carried out
emphasized in a June 2015 ‘surgical strike’ in jointly Operation Sunrise and Operation
Myanmar by the Indian army’s special forces Sunrise 2 in 2019 in their respective
unit, which killed at least 60 insurgents from territories to destroy several insurgent
the Myanmar-based Khaplang faction of the camps. In 2020, India gifted the Myanmar
National Socialist Council of Nagaland navy its first-ever submarine, a kilo class (INS
(NSCN-K), in response to the killing of 18 Sindhuvir) attack submarine which has been
Indian soldiers by the NSCN-K. refurbished and modernized by Hindustan
● India also plays a role in Myanmar’s own Shipyard Limited.
internal peace process, acting as a signatory
witness to Myanmar’s Nationwide Ceasefire Health
Agreement ceremonies in February 2018 ● As a part of India’s Medical or Drug
and October 2015. Diplomacy, a package of 3,000 vials of the
● Maritime cooperation between the two antiviral Remedsivir was given to assist
countries has also gained importance, with Myanmar in its fight against the pandemic.
the Indian and Myanmar navies conducting India has shown willingness to prioritize
their first-ever bilateral naval exercise, Myanmar in sharing Covid -19 vaccines,
IMNEX-18, in 2017, in the Bay of Bengal. when available.
● The Myanmar navy also participated in the ● India's offer to provide medical radiation
biennial, multilateral Milan naval exercise equipment “Bhabhatron-2” for the
off the coast of the Andaman and Nicobar treatment of cancer patients.
Islands in early March 2018. ● India has kept up Covid aid during this
● In 2017, the two countries signed an period, sending vaccines to Myanmar, and
agreement to enhance maritime security Foreign Secretary Shringla took another
cooperation in areas such as humanitarian batch of 100,000 vaccines.
assistance.
● India also aids Myanmar with military Energy Cooperation
modernization. Myanmar has acquired ● In the context of energy security, India
rocket launchers, night-sight systems, radar, proposed to construct a petroleum refinery
and engineering equipment from India. The in the Thanlyin region near Yangon. It would
two neighbors also conducted joint Army involve an investment of about $ 6 billion.
exercises called IMBAX since 2017 and have India also provides power from Moreh in
Manipur to Myanmar.
● Major Indian Projects in Myanmar-The ● Myanmar’s major exports to India are

Government of India is actively involved in agricultural products like beans, pulses and
over a dozen projects in Myanmar, both in maize and forest products such as teak and
infrastructural and non-infrastructural hardwoods. Its imports from India include
areas. These include upgradation and chemical products, pharmaceuticals,
resurfacing of the 160 km long Tamu- electrical appliances and transport
Kalewa-Kalemyo road; construction and up- equipment.
gradation of the Rhi-Tiddim Road in ● Mekong Ganga Cooperation: Myanmar is a
Myanmar; the Kaladan Multimodal member of the Mekong Ganga Cooperation
Transport Project; etc. (MGC) since its inception in November 2000.
● An ADSL project for high-speed data links in MGC is an initiative by six countries – India
32 Myanmar cities has been completed by and five ASEAN countries namely, Cambodia,
TCIL. Laos, Myanmar, Thailand and Vietnam – for
● ONGC Videsh Ltd. (OVL), GAIL, and ESSAR are cooperation in the fields of tourism,
participants in the energy sector in education, culture, transport and
Myanmar. communication.
● M/s RITES is involved in the development of ● SAARC: Myanmar was given the status of
the rail transportation system and in the observer in SAARC in August 2008.
supply of railway coaches, locos, and parts.
Why is Myanmar important to India?
Institutional Mechanisms ● Myanmar is important to India from a
geopolitical point of view as it geographically
Cooperation between India and Myanmar in the stands at the crossroads of India-Southeast
regional/Sub-regional Context relations. Myanmar is the only Southeast
● ASEAN:Myanmar became a member of Asian country that shares a land border with
ASEAN in July 1997. As the only ASEAN northeastern India, stretching some 1,624
country which shares a land border with kilometers. The neighbors also share a 725-
India, Myanmar is a bridge between India km maritime boundary in the Bay of Bengal.
and ASEAN. A few proposals for cooperation ● Being the only country that sits at the
have been implemented and some are under intersection of India’s “Neighborhood First”
discussions with Myanmar within the policy and its “Look East” policy, Myanmar
framework of ASEAN’s IAI programme. is an essential element in India’s practice of
● BIMSTEC: Myanmar became a member of regional diplomacy in the Indo-Pacific and
BIMSTEC in December 1997. Myanmar is a serves as a land bridge to connect South
signatory to the BIMSTEC Free Trade Asia and Southeast Asia.
Agreement. Myanmar is the lead country for
the energy sector. Myanmar trades mostly
with Thailand and India in the BIMSTEC
region.
Evolution of India-Myanmar Relations ● Indo- Myanmar ties, however, witnessed a

● Myanmar, once a part of the British Raj, has turnaround during the 1990s when India
a long and complicated history with India. It mooted the design of the East Policy with
has been under near absolute military Myanmar emerging as key to the present
control since gaining independence in 1948, policy posture by India.
and even in the wake of the 2008 democratic ● Dr Bibhu Routhray-The policy changed in the
reforms, the Tatmadaw (The Tatmadaw is late 1990s, the BJP had come to power and
the official name of the armed forces of its approach to diplomacy, especially in
Myanmar. It is administered by the Ministry relation to Myanmar, would be markedly
of Defence and composed of the Myanmar different from its predecessors. New Delhi
Army, the Myanmar Navy and the realized that the military would remain a
Myanmar Air Force) remained a driving significant power in Myanmar, and
force in domestic politics. consequently shifted its approach to align
● India and Burma were close allies in the Non- with “whoever worked in India’s interests.”
Aligned Movement of the 1950s but ● In the last three decades, India and
following Myanmar’s silence during the Myanmar have cooperated on several anti-
Indo-Chinese conflict of 1962, the countries insurgency initiatives, trade deals and
maintained a relationship characterized by infrastructure projects. India has hosted
“stagnancy bordering on the margins of several members of the Burmese military
cordiality” for the next two decades. and political establishments and was a
● The Congress governments of Indira and strong advocate for Myanmar’s inclusion
Rajiv Gandhi viewed military rule in into ASEAN in 1997. Whether Myanmar fell
Myanmar as a threat to global democratic under military or civilian rule, New Delhi
values and in 1988, following a crackdown by showed a willingness to work with
the Tatmadaw, India aligned itself firmly whichever faction was in power at the time.
with the pro-democracy camps. In 1989,
India’s then External Affairs Minister Factors impacting India's approach to
Narasimha Rao granted fleeing Burmese
Myanmar
activists a haven, and in 1990 pushed for two
controversial student activists to be given
Border security-
political asylum.
● The Indo-Burmese border is not only
● In 1992, India also signed a UN resolution
characterized by insurgencies, but also by
condemning the junta(A junta is a military
delicate national sentiment. After
government that has taken power by force,
Independence, the British carved a series of
and not through elections.)for its human
arbitrary boundaries between India and
rights violations. India had chosen idealism
Myanmar, relegating several communities
and under that reality, could not be seen
on either side of the border to ethnic
remaining silent on matters of human
minority status and dividing populations
dignity.
with a common heritage and cultural engaged in a policy of “constructive

histories. engagement” with the Tatmadaw, under
● Groups like the Chins of Myanmar and the which they also conducted joint military
Mizos of Mizoram share strong ethnic ties, as campaigns in 1995 to combat the spread of
do the Nagas living on both sides of the extremism in the North East.
border. Villages such as Longwa are situated ● In 2020, the Myanmar military handed over
in both Indian and Burmese territories. The a group of 22 insurgents active in Assam to
North East is intrinsically bound to the the Indian government. The operation, a first
people of Myanmar by a myriad of shared of its kind, not only signaled strong ties
connections. between the two military establishments
● In recognition of these connections, India but, according to Routhray, also sent a
and Myanmar formed a unique arrangement message that “insurgents acting against
called the Free Movement Regime India would not be allowed to operate
(currently suspended due to Covid-19,) within Myanmar.”
which allows residents to go up to 16 km on ● New Delhi has also assisted the Tatmadaw in
the other side of the border and stay there fighting the Arakan Army in the Rakhine and
for 14 days without a visa. People from Chin states. As a result of these joint efforts,
Myanmar regularly visit India for work and Dr Arun Singh’s opinion, “insurgency in the
medical care, and children cross the border region has declined significantly.”
unrestricted to attend school. ● Myanmar has a number of ethnic armed
● Unlike India’s border with Pakistan, the organizations (EAOs,) that are active within
Indo-Burmese border is largely unfenced the country. These organizations are often
and extremely porous. Its regulation is well-funded, armed and adept at carrying
determined by trade and security out attacks both within and outside of
considerations but is also heavily Myanmar’s borders. As of now, many EAOs
influenced by the sentiments of the North have opposed the military coup with some
East states towards their kin in Myanmar. even providing support to the pro-
democracy protesters. Their preferred
Insurgency in North East- method of resistance has typically been to
● The North-East states of India has been stage attacks across the borderlands that
conflict-ridden since Independence, they occupy, thus diverting military
exacerbated by the presence of insurgent resources across multiple fronts.
groups along the Indo-Bangladeshi and Indo- ● They have also been known to provide
Burmese borders. Several extremist and training to civilians and protection to those
separatist groups operate out of Myanmar, fleeing the junta. Empowered EAOs present
crossing into India via the porous border. security implications for both New Delhi
● Additionally, large quantities of narcotics are and the Tatmadaw, with neither standing
smuggled into India through Myanmar, with to benefit from the rise of these groups.
the latter being the second-largest producer ● New Delhi will be hesitant to alienate the
of opium in the world. The Indian army Tatmadaw in the likely event that insurgent
groups gain prominence in the aftermath of Rakhine and boost India’s presence in the
the coup. Myanmar has shown a willingness strategically important Bay of Bengal.
to pull out of joint anti-insurgency ● In his book, India and Myanmar
campaigns following perceived slights from Borderlands, Political scientist Nehginpao
India in the past, writes Routhray in his Kipgen, describes the Act East policy as
research paper ‘India-Myanmar relations: India’s main tool in the economic
Triumph of pragmatism’, published in 2012. development of the North-East states. He
Notably, in 1995, the military allowed 200 writes that the policy aims to create “an
rebels belonging to separatist groups in enabling environment so as to end the
Assam, Nagaland and Manipur to escape landlocked situation and isolation of the
detention, seemingly in response to India’s Northeastern region by opening up its
decision to award Suu Kyi the Jawaharlal borders and integrating the region’s
Nehru Peace Prize in 1993. economy through improved trade and
connectivity with Southeast Asian
Act East- countries.”
● According to both Dr Bibhu Routhray and Dr ● Cross border trade with Myanmar is a vital
Arun Singh, Myanmar is the lynchpin of driver of employment and income
India’s Act East policy, particularly in regard generation for households in India’s
to trade, by virtue of being India’s gateway northeast, and the impending
to Southeast Asia. Myanmar provides India transportation linkages with other Asian
with increased connectivity to its North- countries through Myanmar will further fuel
Eastern states, providing a faster route of their economic growth and stability, writes
transit as compared to going through Shwe Hein in a 2015 conference report for
Bangladesh and a more efficient route at the Burma Center Delhi titled, ‘India-
times, than crossing the narrow Siliguri Myanmar Relations: Looking from the
corridor. border’.
● India currently has several infrastructure ● As a fundamental part of the Act East policy,
projects in Myanmar, including a trilateral Myanmar has also been a beneficiary of
highway to Thailand and the Kaladan Multi- Indian investment and foreign aid. India
Modal Transit Transport Project (KMMTT.) provided Myanmar with $1 billion in aid to
The latter is particularly significant for India strengthen its electoral processes and more
as it aims to connect southwestern recently, gifted a kilo-class submarine to the
Myanmar to northeastern India by creating Burmese military forces. India also has a
a multi-modal trifecta of sea, river and road deeply integrated energy partnership with
transportation corridors. Myanmar and has invested in various oil and
● Under the KMMTT and as part of India’s gas partnerships including a $6 billion
Indian Ocean security policy, New Delhi has petroleum refinery near Yangon.
developed the Sittwe port in Myanmar’s ● A military junta in Myanmar in and of itself
Rakhine state. This port is part of a larger would not be detrimental to India’s Act East
plan to create a Special Economic Zone in policy, as the Tatmadaw shares a “strong
relationship” with the Indian government, apprehends a security threat from

according to Singh. However, instability in radicalized Rohingya youth. As a result, India
the region would threaten India’s near $780 pushes for the repatriation of refugees back
million worth of investments in Myanmar to Myanmar.
and hinder the completion of vital ● Conflict in Rakhine state is central to several
infrastructure projects. connectivity projects currently underway
● According to Routhray, Act East is as much between India and Myanmar like the
about curbing Chinese influence in Southeast Kaladan Multi-modal highway.Conflict
Asia, as it is about maintaining strong within the region has slowed the progress of
economic relations with other Asian nations. such projects. This does not augur well for
However, despite India’s willingness to work bilateral trade.
with the Tatmadaw, and its increasing levels Approach-India’s response to the Rohingya crisis
of investment in the region, according to has evolved swiftly. Three phases are identifiable.
Singh, China is still “by far” the most ● In the first phase (2012): Delhi considered it
important foreign player in Myanmar, with an ‘internal affair’ but was sympathetic to
India registering a “distant” second. Myanmar. The then External Affairs Minister
● If Western nations were to impose additional Salman Khurshid visited Rakhine State and
sanctions on Myanmar, given its already announced a US$ 1-million package of relief
devastated economy, it could fall into the assistance to Myanmar. Wittingly or not,
arms of Beijing whose deep pockets have India also allowed Rohingya refugees to
been relatively bolstered by the Covid enter the country and did not make it an
pandemic. India must maintain good issue in its domestic politics or its bilateral
relations with “whomever is in power” in relations with Myanmar. Geopolitics,
Myanmar in order to protect its own security and economic interests and
investments and continue to develop its humanitarian concerns were key in molding
economic linkages with Southeast Asia, says India’s Rohingya response during this phase.
Routhray. ● The second phase of India’s Rohingya
approach began sometime in mid-2017 with
the announcement of the government’s
Challenges for Indian Foreign Policy in plans to deport the Rohingyas who have
Myanmar settled in different parts of India. Kiren Rijiju
said the government was planning to deport
Rohingya crisis (K. Yhome): Rohingyas from India because they are
● Rohingya Influx: India hosts nearly 40,000
“illegal immigrants”.According to media
Rohingya Muslims who are denied reports citing government estimates, the
citizenship in Myanmar and who sought number of Rohingyas in India was 10,500 in
refuge in India so as to flee religious 2015 and increased four times to 40,000 in
persecution. the following two years.
● On 14 September 2017, India launched
● But India faces a tremendous burden on its
resources on account of refugees and also “Operation Insaniyat” to provide relief
assistance for the refugee camps in Myanmar on 23 November 2017. Delhi’s

Bangladesh. Delhi’s decision to extend help assessment perhaps was shaped by its
fits into its desire to de-incentivise Rohingya calculation that any delay in stepping up its
refugees entering into India. role might allow other players to leverage
● As Delhi recalibrated its approach, the West the situation for geopolitical gains, at the
Bengal government adopted a contrary cost of its interests.
position to the central government by ● On 20 December 2017, Foreign Secretary S.
expressing its support for the Rohingya Jaishankhar visited Myanmar and signed an
refugees. Though the West Bengal MoU on Rakhine State Development
government’s position did not change the Programme with Myanmar’s Ministry of
central government’s Rohingya approach, it Social Welfare, Relief and Resettlement
sent a message to Delhi that it needed to aimed at “socio-economic development and
take into account the voices of state livelihood initiatives in Rakhine State” that
governments on the issue. included “a project to build prefabricated
● In the second phase, apart from geopolitics, housing in Rakhine State to meet the
humanitarian concerns and non- immediate needs of returning people.”
interference in internal affairs, two other ● India joined the UNSC delegation that
factors appeared to have driven the Indian visited Myanmar in early May 2018 along
approach—the growing security concerns with three other neighbors—China, Laos,
and the need for diplomatic balancing and Thailand. During Minister Swaraj’s visit
between Bangladesh and Myanmar. to Myanmar on 10-11 May 2018, she
● Why govt opted for this approach-restoring stressed the importance of the “safe, speedy
normalcy can happen only with the return of and sustainable return of displaced persons
the displaced persons to Rakhine state, that to Rakhine State. “This indicates a step
socio-economic development in Rakhine forward from the previous position when it
State is the only long-term solution, India called for “restraint” in handling the
would maintain constructive engagement situation in Rakhine.
with both Myanmar and Bangladesh, and ● Broadly, two schools of thought have
that the international community needs to explained India’s Rohingya approach. The
handle the situation with restraint, keeping first school argues that the current Rohingya
in mind the welfare of the population. approach has some elements of continuity,
● The third phase (2017)-Delhi’s approach in as it is “consistent with [India’s] traditional
the third phase was probably driven by the hesitation about automatically designating
need to find a role for itself in finding a asylum seekers as refugees.” The second
resolution to the crisis by strengthening its explanation views the current approach as a
quiet diplomacy. The phase began soon after departure from the past and analyses it from
China stepped in with its “three-step the perspective of potential implications on
solution” to the Rohingya crisis and the India.
subsequent signing of the repatriation ● There is also a notion that the Rohingya
agreement between Bangladesh and approach might have been driven by a
“trend” under the BJP-led government military holds 25% of the total seats
towards Muslims, citing the proposed 2016 according to the 2008 military-drafted
Citizenship Amendment Bill that recognises constitution and several key ministerial
“non-Muslim refugees” in India as “citizens” positions are also reserved for military
of the country. This impression gained appointees. When the newly elected
cogency in late 2017, at a time when security Myanmar lawmakers were to hold the first
was being beefed up along the Indian states session of Parliament in 2021, the military
bordering Myanmar to bar Rohingya imposed a state of emergency for one year
refugees, the Indian government allowed citing massive voting fraud in the
hundreds of refugees, mostly Christians and parliamentary elections.
Buddhists, fleeing violence in Myanmar to
enter its northeastern state of Mizoram. Global Reaction:
Some have cautioned India that it stands “to ● China: ‘All parties in Myanmar will properly
lose not just [its] good name, but the handle their differences under the
opportunity of aiding the transformation of constitution and legal framework to
a vast region that is wracked by ethnic strife, maintain political and social stability.
poverty and backwardness ● USA: The USA President threatened to
reimpose sanctions on Myanmar following a
Three issues emerge from the above analysis of the coup by the country’s military leaders and
two views on India’s Rohingya approach. called for a concerted international response
● First, the way India has handled the to press them to relinquish power.
Rohingya crisis has raised questions about its ● ASEAN Countries: ASEAN’s current chair,
democratic credentials. Brunei, called for ‘dialogue among parties,
● Second, India’s reservations in taking the reconciliation and the return to normalcy.
lead may have already undermined its Singapore, Malaysia and Indonesia
regional and global leadership aspirations. expressed concern, while Thailand,
● Third, the approach may have served short- Cambodia, and the Philippines noted that
term security goals, but concentration of this was Myanmar’s ‘internal affair’.
thousands of desperate people in the
neighborhood could create a fertile breeding India’s Reaction:
ground for radicalisation. ● Initially, India voted on UNSC statements
Taking a hard position towards the Rohingya criticizing the Junta actions, but abstained
refugees makes India a potential target of radical from a resolution that sought to curb the
groups ( K. Yhome) flow of arms into Myanmar
● But later India diverged from this line and
Military Coup in February 2021: now India supports the process of
● In the November 2020 parliamentary democratic transition in Myanmar. Though
election, Suu Kyi’s party National League for India has expressed deep concern over
Democracy (NLD) secured the majority of recent developments in Myanmar, cutting
the seats.In the Myanmars’ Parliament, the off from the Myanmar military is not a viable
option as India has significant economic and including in its fight against the COVID-19
strategic interests in Myanmar and its pandemic. During his visit, Shringla handed
neighborhood. over 1 million doses of “Made in India”
vaccines to the Myanmar Red Cross Society.
India also announced a grant of 10,000 tons
Factors that determined the India's of rice and wheat to Myanmar.
● India’s options are limited and somewhat
Approach to the issue-
grimmer than the rest of the international
community, however, While the West has
Dr. Bibhu Routhray-
isolated Myanmar following the military
Crucially, India’s approach to the situation in
takeover earlier in the year, New Delhi feels
Myanmar needs to be understood through the lens of
more constrained. For India, Myanmar is a
competition with China. “Letting its neighbor and a
neighbor with which it shares a long border
key regional player fall completely under the
through a restive region. Moreover, India is
influence of Beijing would result in major security
also worried that China may take
concerns for India,”.
advantage of the situation if Myanmar is
further isolated. Thus, New Delhi feels it
Rajeshwari Pilla Rajagopalanan
does not have the option of cutting off
● New Delhi’s position appears to focus on
Myanmar, as the West has done.
backing up the wider ASEAN position.
● Given the geopolitical and security interests,
ASEAN, in its leaders’ meeting in Jakarta in
India cannot afford to ignore or isolate
April 2021 reached an agreement on five
Myanmar. Because of these pressures, India
points with regard to Myanmar: ending
has carefully maintained some linkages with
violence, constructive dialogue among all
the military junta and is likely to continue to
parties, a special ASEAN envoy to facilitate
do so.
the dialogue, acceptance of aid and a visit by
the envoy to Myanmar.
Udai Bhanu Singh-
● The Indian MEA responded by saying it
● The nature of the relationship between the
“welcome[d] the ASEAN initiative on
Tatmadaw and China will be crucial. If it
Myanmar… Our diplomatic engagement
leads to greater dependence of the military
with Myanmar will be aimed at
regime on Beijing, it will impact India’s
strengthening these efforts.”
security negatively. India on its part must
● The Quad meeting in September with the
continue to engage with the Tatmadaw.
leaders of Australia, Japan and the United
● Apart from the civil-military conflict in
States, also made a pitch for the ASEAN
Myanmar, the country is a hotbed of ethnic
initiative and called for “the urgent
conflict. Minority ethnic groups are engaged
implementation of the ASEAN Five Point
in a civil war with the majority Bamar
Consensus.”
community. If the country slips into an
● Meanwhile, India has continued with
extended civil war, then India will have to be
humanitarian support for Myanmar,
prepared to deal with the ensuing pipeline passing through Myanmar would
implications for its Northeastern states. decrease Beijing’s dependence on the
● The implications on national security and in Straits of Malacca, which could be
countering insurgency will have to be kept in compromised by maritime terrorism or
mind, while addressing the concerns of dominance of the Straits by another rival
bordering states. At the same time, greater power. Chinese ports in Myanmar will
policy coordination between the central provide a buffer for China against India’s
government and the border states can help presence in the Bay of Bengal and further
avoid possible alienation of the local strengthen its ‘string of pearls’ strategy.
communities.
Mira Patel-
China factor: ● China had a strong record of engagement
● Sudha Ramachandran argues that when with the Suu Kyi government, writes Yun
Western nations-imposed sanctions on the Sun. It supported the NLD in the aftermath of
junta in the 2000s, China gave it a much the Rohingya crisis and signed the China-
needed “lifeline” by expanding cross-border Myanmar Economic Corridor agreement
trade, providing the military with weapons while Myanmar was under Suu Kyi’s rule.
and sanctioning loans and technical Observers have argued that given those
assistance. Between 1988 and 2013, China circumstances, India would actually benefit
accounted for an enormous 42% of the from military rule in Myanmar, especially if
foreign investment flowing into Myanmar curbing Chinese influence remains New
and 60% of its arms imports. While Myanmar Delhi’s main foreign policy objective.
does under $2 billion of trade with India, it ● Growing Chinese presence: Myanmar
does over $12 billion with China. agreed to be a neighborhood of the Belt and
● Chinese investment in Myanmar has Road Initiative and has also welcomed
increased rapidly over the last two decades Chinese investments in various infrastructure
making Beijing the largest investor in the projects including port projects like Kyaukpyu
country. In turn, Myanmar features port.
prominently in China’s trade calculus as well. ● The crisis in Rakhine State takes place at a
It provides the impoverished provinces of time of growing Chinese investment in both
Yunnan and Guizhou with a ready market for Myanmar and Bangladesh. Its engineers are
their commodities and is a key source of developing a 13 km flood-defense
timber and gems for China. Myanmar also embankment in the Bay of Bengal, as a
falls under China’s One Belt One Road temporary arrangement to ease the pressure
project with a $100 billion economic corridor on refugee camps in the Bangladesh city of
connecting the Yunnan province with oil and Cox’s Bazar.
gas fields in Rakhine. ● China is Myanmar’s largest trading partner
● Additionally, Myanmar plays a crucial role in and supports its position on the Rohingya
China’s security calculus too. crisis, and alongside Russia has shielded
Ramanchandran states that a Chinese
Myanmar from strong action by the UN ● India has been taking up the cause of
Security Council Rohingya repatriation with Myanmar on
● A Chinese state-owned firm also has a 70% behalf of Bangladesh due to its robust ties
stake in the building of a US$ 7.3 bn deep-sea with the country.
port and US $ 2.7 bn special economic zone ● India supports safe, sustainable, and speedy
in Rakhine State as part of the BRI. repatriation of displaced persons from
Bangladesh to Rakhine state based on the
Stagnant Trade: understanding between Bangladesh and
Bilateral trade between the 2 countries remains far Myanmar.
below potential. A major reason for this is often the
movement of infrastructure projects at snail space. What are the options available with
Notably, India's project implementation capacity is
Indian foreign policy to approach
very lackluster. India imposed restrictions on the
import of pulses to enhance price realization for Myanmar -
Indian farmers. This decision didn't go down well
with the Myanmarese government because it Rajeev Bhatia-
impacted Myanmar s exports to India. ● The single goal should be to put Myanmar
back on the path of becoming “a stable,
Rajeev Bhatia- democratic and federal union”.
India’s long-delayed commitment to “expeditious
implementation” of mega initiatives such as the Harsh v Pant-
Trilateral Highway and Kaladan projects. ● It is, therefore, imperative that New Delhi too
Unfortunately, no revised deadlines were reaches out and shapes its own trajectory in
announced. These projects continue to be the Achilles Myanmar. The complexity of India’s regional
heel of the relationship. security and neighborhood demands that
India adopt a more nuanced position on
Nayanima Basu- Myanmar. New Delhi should not lose its
● There had been rising frustration in essential pragmatism in engaging Myanmar.
Bangladesh over the delay in starting the ● India has the singular advantage of
repatriation of Rohingya refugees by the acceptability from both factions in Myanmar
Myanmar government. The first anniversary and it is, therefore, imperative that it takes
of the exodus of 700,000 refugees into Cox’s the lead in engaging with the ruling military
Bazaar was also looming. Multiple sources leadership, to stop the highhandedness that
confirmed India was key in expending is being exhibited by security forces against
diplomatic elbow grease to persuade the civilian population and also kick-start the
Bangladesh to drop its objections. “The process of peace and stability in the country.
argument used was they cannot let the ● India also needs to proactively employ the
state of their bilateral relations affect their existing “people-to-people” goodwill and
behavior at a multilateral forum.” proximate ties between the two armies.
Indrani Bagchi- important role with other partners like

● India is adopting a “twin-track” approach, Vietnam in building international opinion,
“walking a fine balance between engaging given that Vietnam is also a UNSC non-
the immediate eastern neighbor while permanent member this year. If a supportive
pushing it towards the restoration of international environment is built up through
democracy.” For instance, in international the UN and ASEAN, the military in Myanmar
platforms such as the U.N. Human Rights could be encouraged to return to the
Council, India has made a case against democratic road map.
sanctions even as it continues to express ● As Myanmar and the region copes with the
concern over the developments in Myanmar. Covid-19 pandemic, it would be only
appropriate that neighboring countries,
Dr Udai Bhanu Singh- including India, prevent the country from not
● As a non-permanent member of the UNSC only failing but enable it to emerge as a
during 2021-2022, India can play an successful ASEAN Member State.
INDIA-SRI LANKA
● India and Sri Lanka have a legacy of ● The nearly three-decade long armed conflict
intellectual, cultural, religious and linguistic between Sri Lankan forces and the LTTE
interaction and the relationship between the came to an end in May 2009. During the
two countries are more than 2500 years old. conflict, India supported the right of the
Trade and investment have grown and there Government of Sri Lanka to act against
is cooperation in the fields of development, terrorist forces. At the same time, it
education, culture and defence. Both conveyed its deep concern at the plight of
countries share a broad understanding of the civilian population, emphasizing that
major issues of international interest. their rights and welfare should not get
● In recent years, significant progress in the enmeshed in hostilities against the LTTE.
implementation of developmental ● The need for national reconciliation through
assistance projects for Internally Displaced a political settlement of the ethnic issue has
Persons (IDPs) and disadvantaged sections been reiterated by India at the highest
of the population in Sri Lanka has helped levels. India is in favor of a negotiated
further cement the bonds of friendship. political settlement, which is acceptable to
all communities within the framework of a
united Sri Lanka and which is consistent with oppression and a justification for them to
democracy, pluralism and respect for human demand a separate nation-state, Tamil
rights. Eelam which was a factor in the emergence
of the decades-long Sri Lankan Civil War.
History ● Liberation Tigers of Tamil Eelam (LTTE) was
formed in 1976 and it got involved in an
● Sri Lanka became independent in 1948 the armed conflict with Sri Lankan armed forces
time it was known as Ceylon, its name was from 1983 to 2009.
changed to Sri Lanka in 1972. Sri Lanka ● In 1987 India-Sri Lanka Agreement was
comprises various ethnic groups- Sinhalese signed between Prime Minister Rajiv Gandhi
74.9%, Sri Lankan Tamil 11.2%, Sri Lankan and President J.R. Jayewardene sought to
Moors or Muslims 9.2%, Indian Tamil 4.2%, end the civil war in the island nation.
other 0.5%. Tamils were disenfranchised in
1949. July 1987 Accord:
● Shivshankar Menon, Book: Choices - Inside
the making of India's Foreign Policy ● The negotiations between India and Sri
mentions that- There are multiple religious Lanka led to an accord in July 1987 called
and ethnic fault lines in Sri Lanka between Indo-Sri Lanka Accord. The accord
the primarily Hindu and Christian Sri Lankan attempted to address the crises peacefully
Tamils and the predominantly Buddhist by providing sufficient autonomy to
Sinhalese, with a sprinkling of "Burghers," northern regions without splitting up the
who had some Dutch blood; Muslims nation.
concentrated in the capital Colombo and
the Northern and Eastern Provinces; and According to the accord:
other small communities. ● The northern and eastern provinces of Sri
● The 1956 Sinhala Only Act further Lanka where Tamils were the majority would
institutionalized the discrimination. The act be merged into a single province.
replaced English with Sinhala as the sole ● Substantial devolution of power to the
official language of Ceylon, with the Northern Province.
exclusion of Tamil. The act was controversial ● The LTTE would be dissolved and arms
as supporters of the act saw it as an attempt surrendered in a very short time.
by a community that had just gained ● The Indian army would come to the aid of
independence to distance themselves from the Sri Lankan government if requested by
their colonial masters, while its opponents Sri Lanka.
viewed it as an attempt by the linguistic ● Provincial councils with autonomy were
majority to oppress and assert dominance created under the 13th amendment of the
on minorities. Sri Lankan constitution. Under the
● The Act symbolizes the post independent agreement, Indian Peace Keeping Force
Sinhalese majority's determination to assert (IPKF) was sent to Sri Lanka's Northern and
Ceylon's identity as a nation state, and for Eastern provinces, to “guarantee and
Tamils, it became a symbol of minority enforce the cessation of hostilities” between
the Tamil separatist groups and the and radicalism in another form a matter of
government. time.
● The situation turned into a military ● Much will depend on how politics and society
confrontation between the IPKF and the develop in Tamilnadu, the true land of
Liberation Tigers of Tamil Eelam (LTTE), Tamils, in the years ahead.
which refused to disarm and join the political ● For the present, there is declared sympathy
mainstream. but little real support in Tamilnadu for the
● The IPKF-LTTE conflict that began on causes or the methods that the LTTE
October 10, 1987, and lasted till 1990 saw adopted.
the death of over 1,200 Indian soldiers and
660 LTTE cadres.
● The assassination of former prime minister Political Relations
Rajiv Gandhi in 1991 further changed India’s ● Political relations between the two countries
attitude towards the ethnic conflict in Sri have been marked by high-level exchanges
Lanka. of visits at regular intervals.
● The Civil War in Sri Lanka ended through ● A Maritime agreement was signed by India
military operations in 2009. and Sri Lanka in 1974. Where in India handed
over the uninhabited Kachchatheevu.
● Signed in 1999, the India-Sri Lanka FTA
India’s Official stand (MEA website) in
entered into force in 2000. 2009, 2012 and
the aftermath of end of Civil War 2013 India voted in favour of resolutions
asking for a probe in Sri Lanka’s war against
● During the conflict, India supported the right the LTTE at the Human Rights Council.
of the Government of Sri Lanka to act against ● Change of governments in India in 2014 and
terrorist forces. At the same time, it Sri Lanka in 2015 provided an opportunity
conveyed its deep concern at the plight of for fresh engagement. A Civil Nuclear
the mostly Tamil civilian population, Agreement was signed between the two
emphasizing that their rights and welfare countries in 2015.
should not get enmeshed in hostilities ● Prime Minister Shri. Narendra Modi hosted a
against the LTTE. Virtual Bilateral Summit (VBS) with Sri
Lankan Prime Minister H.E. Mahinda
Rajapaksa on 26 September 2020, also
attended by senior Ministers/officials from
both sides.
Shivshankar Menon (Book: Choices): ● This was the first such engagement by Prime
Minister H.E Mahinda Rajapaksa after the
● The Sri Lankan civil war which ended in 2009 Parliamentary elections of August 2020 and
was also one of the longest civil wars in also the first VBS held by an Indian Prime
history. The Tamil sense of grievances Minister with a neighbouring country.
unaddressed makes the return of separatism
Commercial Relations ● The Demand-Driven and people-centric

● India and Sri Lanka enjoy a vibrant and nature of India’s development partnership
growing economic and commercial with Sri Lanka have been the cornerstone of
partnership, which has witnessed this relationship.
considerable expansion over the years. The ● Grant projects cut across sectors such as
entry into force of the India-Sri Lanka Free education, health, livelihood, housing,
Trade Agreement (ISFTA) in 2000 industrial development etc. The Indian
contributed significantly towards the Housing Project, with an initial commitment
expansion of trade between the two to build 50,000 houses in war-affected areas
countries. and estate workers in the plantation areas, is
● Economic ties between the two nations also the Government of India (GoI)’s flagship
include a flourishing development grant project in Sri Lanka.Overall
partnership that encompasses areas such as commitment of INR 1372 crores makes it
infrastructure, connectivity, transportation, also one of the largest projects undertaken
housing, health, livelihood and by GoI abroad. As of date, close to 49,300
rehabilitation, education, and industrial houses spread across different provinces
development. such as Northern, Eastern, Central etc have
● India has traditionally been among Sri already been completed. During the visit of
Lanka’s largest trade partners and Sri Lanka Prime Minister Shri Narendra Modi to Sri
remains among the largest trade partners of Lanka in May 2017, he announced that an
India in the SAARC. additional 10,000 houses would be
● In 2020, India was Sri Lanka’s 2nd largest constructed in plantation areas at a total
trading partner with the bilateral cost of INR 453 crore.
merchandise trade amounting to about USD ● There are also four smaller housing
$ 3.6 billion. India is also one of the largest programmes for constructing 2400 houses
contributors to Foreign Direct Investment in across Sri Lanka. Overall, India has so far
Sri Lanka. committed to constructing close to 62,500
● The main investments from India are in the houses in Sri Lanka.
areas of petroleum retail, tourism & hotel, ● Emergency Ambulance Service was launched
manufacturing, real estate, in Sri Lanka on 28th July 2016 under Indian
telecommunication, banking and financial Grant Assistance of US $ 7.55 million. The
services. project involves deployment of 88
ambulances in Western and Southern
Development Cooperation: provinces, setting up of an Emergency
● Sri Lanka is one of India’s major Response Center and first year of
development partners and this partnership operations.
has been an important pillar of bilateral ties ● Under another line of credit of $167.4
between the two countries over the years. million, the tsunami-damaged Colombo-
● With grants alone amounting to around USD Matara rail link has been repaired and
570 million, the overall commitment by GOI upgraded.
is to the tune of more than USD 3.5 billion.
People-to-people ties each other’s waters. However, the

● Buddhism is one of the strongest pillars agreement could not stop the fishermen
connecting the two nations and civilizations from fishing in these waters, as fishermen
from the time when the Great Indian know no boundary.
Emperor Ashoka sent his children Arahat ● Given the proximity of the territorial waters
Mahinda and Theri Sangamitta to spread the of both countries, especially in the Palk
teachings of Lord Buddha at the request of Straits and the Gulf of Mannar, incidents of
King Devanampiya Tissa of Sri Lanka. straying of fishermen are common.
● In July 2020, the Government of India ● Indian boats have been fishing in the
declared the Kushinagar Airport in India, the troubled waters for centuries and had a free
place of Lord Buddha's Mahaparinibbana, as run of the Bay of Bengal, Palk Bay and the
an international airport, to allow Buddhist Gulf of Mannar until 1974 and 1976 when
pilgrims from around the world to visit the treaties were signed between the two
revered site associated with Lord Buddha countries to demarcate International
with ease. Maritime Boundary Line (IMBL).
● Special prayers across Sri Lanka for the well- ● However, the treaties failed to factor in the
being of the people of India in the wake of hardship of thousands of traditional
the COVID-19 pandemic In May-June2021 fishermen who were forced to restrict
● A multi-religious, country-wide themselves to a meagre area in their fishing
‘VishwaAshirwadaHorawa’ was organized by forays. The small islet of Katchatheevu,
the Ministry of Buddhasasana, Cultural and hitherto used by them for sorting their catch
Religious Affairs, headed by Prime Minister and drying their nets, fell on the other side
H.E Mahinda Rajapaksa. The sacred Rathna of the IMBL.
Sutra and Jwara Piritha were recited on the ● Fishermen often risk their lives and cross the
occasions. IMBL rather than return empty-handed, but
the Sri Lankan Navy is on alert, and have
either arrested or destroyed fishing nets and
Issues in the relations
vessels of those who have crossed the line.
● Both countries have agreed on certain
Fishermen Issue
practical arrangements to deal with the issue
(Recently some Indian fishermen have been
of bona fide fishermen of either side crossing
detained by Sri Lanka)
the International Maritime Boundary Line.
● Both Indian and Sri Lankan fishermen have
Through these arrangements, it has been
been fishing into the Palk Bay area for
possible to deal with the issue of the
centuries. The problem emerged only after a
detention of fishermen in a humane manner.
maritime agreement was signed by India and
● India and Sri Lanka have agreed to set up a
Sri Lanka in 1974. In fact, initially, the 1974
Joint Working Group (JWG) on Fisheries
border agreement did not affect fishing on
between the concerned ministries of both
either side of the border.
the countries as the mechanism to help find
● In 1976, through an exchange of letters, both
a permanent solution to the fishermen issue.
India and Sri Lanka agreed to stop fishing in
● The Indian side assured that bottom ● There is also no mention of the much-
trawling would be phased out in a graded publicised India-driven pharma Special
time-bound manner within a practicable Economic Zone in the Trincomalee belt, as
timeframe keeping in mind the capacity agreed upon during a high-profile visit of
building of the fishermen who have to be then Chemicals Minister, Anand Sharma,
diversified into deep sea fishing as well as from India.
other coastal fisheries activities including
mariculture, pearl farming, seaweed culture, Mutual concerns of security
etc. ● The possibility of a re-Talibanised
Afghanistan inspiring Islamic terror groups in
Tamil issue the two countries, including the muddying of
● A political solution to the ethnic issue that shared Indian Ocean waters, cannot be
has evaded solution even after a decade ignored now. The arrest of ex-LTTE elements
since the end of the LTTE war. involved in large-scale drugs smuggling, in
● New Delhi, as the initiator of the 13th the seizure of weapons and ammunition, by
Amendment (13-A) to the Sri Lankan the Indian Coast Guard in mid-sea in March,
Constitution back in 1987, feels that can be overlooked only at the cost of shared
successive governments in Colombo have peril.
not kept the national commitment, ● As coincidence would have it, the two armies
whatever be their ideological pedigree and commenced a 12-day counter-terrorism
political presuppositions. exercise at Sri Lanka’s Combat Training
● Post-war, the then government of the School in eastern Ampara on the day
Rajapaksas, continued with their half- Secretary Shringla met President Gotabaya.
hearted attempts, despite wholesale ● These are all part of the upgraded three-
rejection by the Tamil voters. nation agreement on maritime and the
larger security affairs, including
Other Bilateral issues the Maldives, signed by their National
● The most recent issue pertained to the tri- Security Advisors (NSA) at Colombo in
nation East Container Terminal (ECT) November last year.And outside of the
project in Colombo Port, also involving agreement, too, as continuing bilateral
Japan, which the Gotabaya regime arrangements.
cancelled, in October last year. ● While for long, such operational
● It suffices to point out that in the aftermath understanding has existed at the level of the
of the aborted trilateral deal on the East three services in the two countries, it is the
Container Terminal (ECT), Indian investors, political and bureaucratic leaderships at
big and small, have become unsure about Colombo that have to instill and inject a
putting in big money in the island-neighbour. greater degree of mutual trust, which is still
True or not, they have come to believe that lacking—when it comes to China.
a twitch of the lips in distant Beijing could
push Colombo to throw them out halfway India’s stand against Sri Lanka at United Nations
through.
● Recently in early 2021, India abstained from Centre to take a decisive stand against Sri
voting in the United Nations Human Rights Lanka.
Council (UNHRC) on a resolution against Sri ● Resolution HRC 22/1, 2013, -In 2013, India
Lanka. This is the eighth resolution taken by again joined 25 countries in voting against Sri
UNHRC against Sri Lanka since the end of Lanka. And called on Sri Lanka to ensure
civil war against LTTE. accountability for rights abuses and loss of
● The resolution was called 46/L1 and was civilian lives “to the satisfaction of the
aimed at giving more power to the Human international community”. The DMK had just
Rights Commissioner to investigate before the vote pulled out of the coalition
violations of international humanitarian law citing India’s failure to help the Tamil
in Sri Lanka during the period of civil war. community. DMK supremo M Karunanidhi
● The resolution says that all parties including had wanted India to press for inclusion of the
LTTE have indulged in violation of human word “genocide” in the resolution.
rights and the present government cannot ● Resolution 25/1, 2014-In 2014, around the
be trusted to address the shortcomings. time that China had made huge economic
and political inroads in Sri Lanka, India
What is India’s pattern in voting and what are abstained from resolution 25/1 that called
factors determining it? for an independent and credible
● Rrecord of voting on these resolutions shows investigation and asked Sri Lanka to make
the ups and downs of New Delhi-Colombo public the results of its investigations into
relations, the pressures on coalitions in alleged violations by security forces, and to
India, the influence of politics and parties in investigate all alleged attacks on journalists,
Tamil Nadu, and the ebb and flow of regional human rights defenders, and religious
and international geopolitics(Nirupama minorities.
Saubramanian) ● 34/1 in 2017, and 40/1 in 2019-Indian stand
● Resolution S-11, 2009- India supported was to emphasize that the unity, stability
this.It urged the international community to and territorial integrity of Sri Lanka, and
help with financial assistance towards equality, justice, dignity for Tamils were “not
rebuilding, and welcomed the “resolve” of either-or choices” for India. It asked Sri Lana
the Sri Lankan government “to begin a to take the necessary steps to meet Tamil
broader dialogue… to enhance the process aspirations through a process of
of political settlement and to bring about reconciliation, and full implementation of
lasting peace and development… based on the 13th Amendment.Given the elections in
consensus among and respect for the rights Tamil Nadu, where the plight of the Sri
of all ethnic and religious groups”. Lankan Tamils is easy fodder, and given
● Resolution 19/2,2012-India was among 24 India’s own strategic considerations, India
countries that voted in favour of the appears to have decided that abstaining was
resolution along with the US and the the most rational choice.
European bloc.The DMK was part of the UPA ● On abstaining from voting in 2021,India
coalition and was putting pressure on the claimed that its approach to the question of
human rights in Sri Lanka was guided by “two
fundamental considerations”. “One is our well as the ‘Make in India’ initiative, which
support to the Tamils of Sri Lanka for prioritises local business and sourcing of
equality, justice, dignity and peace. The local raw materials and products over
other is in ensuring the unity, stability and imports”.
territorial integrity of Sri Lanka. We have ● Prime Minister Narendra Modi revived the
always believed that these two goals are Nehruvian ‘self-reliance’ goal in the name of
mutually supportive and Sri Lanka’s ‘Make in India’ after coming to power in
progress is best assured by simultaneously 2014. But no specifics have been made
addressing both objectives,” stated Indian available for India to exempt raw material
permanent mission’s First Secretary, imports from Sri Lanka, as indicated.
Pawankumar Badhe ● In an altruistic fashion, the strategy paper
● The major observation is that India’s voting has focussed on Sri Lankan missions in India
is not uniform but rather based on the improving relations with Indian states,
situation of the government, including directly, wherever possible. It will bear fruit
coalition with Tamil parties. There are also especially in terms of investments and large-
concerns of geopolitics in its voting scale trade for the Sri Lankan Consul-General
in Mumbai to take up.
(These views are on the ‘Integrated Country ● The real and unmentioned crux, however,
Strategy’ for Sri Lankan missions, it is an official lies in southern Chennai, which used to
document released by the Sri Lankan government) harbour strong views on the Sri Lankan
● As the report candidly acknowledges, “In ethnic issue and also the fishers’ dispute. The
recent years, the Indo-Sri Lanka bilateral former is still an emotive matter, and the
relationship has been increasingly latter a life-and-livelihood concern in Tamil
dominated by a transactional approach.” Nadu.
● The ‘transactional approach’ is a ● The strategy paper does not mention the
‘consequence of the changes in the ‘ethnic issue’, on which not only the
geopolitical equilibrium in the region that government and people of Tamil Nadu are
has resulted in a growing trust deficit. In concerned.
diplomatic terms, this should be construed as ● The ‘Milinda Paper’ as the strategy paper
a reference to China emerging as the was also called, makes great sense in
bugbear in Sri Lanka’s India relations in wanting the affected fisher communities in
recent years—but without naming the extra- the two countries to sort it out through
regional power. negotiations.
● Increasing protectionism: Yet, there is truth
in the strategy paper’s claims on wanting to
realise the US $675-million Sri Lankan
exports to India, again by 2022. As the study China Factor in India - SriLankan relations
points out, export prospects at present suffer ● In recent years, China has extended billions
from ‘increasing protectionism (in India), of dollars of loans to the Sri Lankan
limited market access, a challenging and government for new infrastructure projects,
unpredictable regulatory environment as
which is not good for India’s strategic depth 62-acres of land that has been reclaimed and
in Indian Ocean Region. is being developed as a special economic
● Sri Lanka also handed over the strategic port zone.
of Hambantota, which is expected to play a ● But China’s growing influence in Sri Lanka
key role in China’s Belt and Road Initiative, to does not end with the Colombo Port and the
China on a 99-year lease. SEZ. During the defence dialogue, the two
● The opposition parties and trade unions in countries also signed a Mutual Assistance
Sri Lanka have already dubbed the port deal Protocol. The Sri Lankan defence secretary
as a sellout of their country’s national assets also extended his appreciation to China for
to China. its extensive support at the U.N. Human
● China has also supplied arms as well as Rights Council meeting, which saw the
provided huge loans to Sri Lanka for its tabling of a resolution against Sri Lanka. On
development. the other hand, India abstained from voting
● China also invested sufficiently in the on the recent UNHRC resolution critical of Sri
infrastructure of Sri Lanka, which included Lanka.
the building of the Colombo international
container terminal by China Harbor
Corporation. Rajeswari Pillai Rajagopalan
● Since the return of the Rajapaksa brothers to
office as president and prime minister in Sri Why is China gaining ground in Sri Lanka?
Lanka, Colombo’s relations with China have ● In addition to the Chinese loans and
improved dramatically. economic assistance, what makes China
attractive as a partner to Sri Lanka is that
Rajeswari Pillai Rajagopalan these loans and other forms of assistance
● China’s growing footprint in Sri Lanka, with come with no strings attached.
massive infrastructure projects across the ● That China raises no conditions such as on
island nation over the last few years, has human rights practices and war crimes in its
been of concern to India. China’s strategic dealings with Sri Lanka is comforting to a
interests in the Indian Ocean has pushed regime that brought an end to the LTTE
Beijing to pursue multiple infrastructure guerrilla war in 2009.
projects including land and rail connectivity ● Second, China’s unconditional support to Sri
initiatives in Sri Lanka and Myanmar. Lanka in international platforms such as the
● These are seen as crucial for China as it UNHRC and Beijing’s ability to shield
begins to enter the Indian Ocean to protect Colombo from the West on human rights,
its sea lanes of communication, which are accountability, and reconciliation with
vital for its oil imports and as a trade corridor minorities work in favour of China.
to Europe and elsewhere. ● Sri Lanka has reiterated often that it does not
● India’s concerns became particularly sharp want to be caught in the great power politics
after the passage of the controversial in the region. But more often than not, it
Colombo Port Bill, which critics argue will would appear to be much more sympathetic
give China considerable control over nearly to China’s positions.
● Despite the debt-trap situation in Sri Lanka Ocean will continue to use it to benefit
that necessitated the 99-year lease of themselves as much as they can, as well they
Hambantota Port to China, Colombo should.
appears to be ever more willing to take more ● India has been increasingly concerned by
money from China, while rejecting U.S. China’s influence in Sri Lanka but it has not
offers, for instance, during the-U.S. been able to shun the Tamil factor
Secretary of State Mike Pompeo’s visit last completely. India continues to insist on the
year 13th amendment that will facilitate the
● Nevertheless, apparently trying to maintain devolution of power to provinces in Sri Lanka
a degree of balance, Sri Lankan officials tried and this will continue to be a point of
to reassure India that Colombo will remain annoyance with the Sri Lankan leadership.
neutral and would do no harm to India Meanwhile, China will continue to exploit
saying, “We will not, we cannot be, we any opportunities that arise from such
should not be a strategic security concern to annoyance.
India. We have to understand the
importance of India in the region and we
have to understand that Sri Lanka is very Way forward
much in the maritime and air security
umbrellas of India. We need to benefit from VIJAY SAPPANI
that.” ● In education, healthcare, and tourism, India
● But, as the Sri Lankan official explained, is a far stronger partner than China. Under
given the geostrategic location of Sri Lanka the Indian Technical and Economic
in the Indian Ocean, Colombo is “at the Cooperation Scheme and the Colombo Plan,
crossroads of both – (the United States’) (The Colombo Plan is a regional organisation
Indo-Pacific as well as (the Chinese) Belt of 27 countries designed to strengthen
and Road Initiative.” Sri Lanka has to economic and social development of
perform a balancing act between India and member countries in Asia-Pacific region. The
China, and it is doing so well. primary focus of its work is on the
● As China-India ties see no signs of progress, development of human resources in the
the competition between the two will be region).Sri Lankan nationals can benefit from
evident in the entire neighbourhood. China’s 400 slots for short- and medium-term
strategic interest in the Indian Ocean is an training courses in a variety of technical and
added pressure on Indian Ocean countries professional disciplines. Since 2017, students
like Sri Lanka and the Maldives, but it is also from the island nation can also appear for
an opportunity to play two great powers the National Eligibility cum Entrance Test
against each other. (NEET) and IIT JEE (Advanced) exams.
● Given the adversarial nature of relations ● India can build on these educational
between India and China, with no dissipation exchanges by establishing an Indian Institute
of tension between the two across the of Technology (IIT) in Sri Lanka’s planned
border, one can expect this competition to education zone.
continue and small neighbours in the Indian
● In the country’s northeast, India can set up leveraged. Expanding the Indian Premiere
technical and English language training League (IPL) to Sri Lanka in partnership with
centres like the Sri Lanka-India Centre for Lanka Premier League (LPL) will encourage
English Language Training (SLICELT) in people-to-people contact and boost tourism.
Kandy.
● In addition, India and Sri Lanka should look Milinda Moragoda-Sri Lanka's High Commissioner
forward to extensive cooperation in to India
pharmaceutical manufacturing, as ● There are some areas where India has huge
announced in the joint statement issued opportunities. One of them is oil and gas.
during Jaishankar’s visit earlier this year Trincomalee can be the potential location for
● In the technology sector, India could create this purpose considering its location. Next is
job opportunities by expanding the presence electricity where both countries can
of its information technology companies in cooperate considering low power generation
Sri Lanka. These organisations can create capacity of Sri Lanka. Then, exporting and
thousands of direct and indirect jobs and importing electricity from India is possible as
boost the island nation’s service economy— cable is not a big deal to lay. The third sector
something that was recognised by both sides is ports, wheret he WCT (Western Container
during Jaishankar’s visit. Aside from a special Terminal) is going to be developed by Adani
economic zone (SEZ) for pharmaceuticals, Group. At the port of Colombo, 80 percent of
the two sides could also look into similar the business is transshipments. Of this, 70
provisions for information technology and per cent is to India, and of that 70 per cent,
education, among other sectors. 35 per cent goes to Adani-held ports.But
● As Sri Lanka embarks on the arduous project both countries should move to strategic
of drafting a constitution, India can lend its relations from transactions as it will be a win
own experience in managing minority rights -win situation for both.
and diverse populations. It can help Sri Lanka ● Both countries being democracies, both
draft policies ensuring linguistic and cultural countries having different voices in the
freedom, access to grievance redressal, and system, cooperate through various
reservation in representative bodies. multilateral platforms like SAARC and
● Last, India and Sri Lanka must look for ways BIMSTEC but bilateral cooperation is very
to boost people-to-people contacts. The significant to move trajectory to upwards.
island nation’s greatest number of tourists
come from India, but the scope of religious Some positive recent outcomes
tourism is yet to be explored. Through Prime ● Nevertheless, India has some good news,
Minister Modi’s US $15 million grant for the despite China’s growing influence in Sri
promotion of Buddhist ties with Sri Lanka Lanka. On September 30, an Indian
announced last year, the two countries can company, the Adani Group, signed a $700
look to create a Buddhism knowledge and million deal with the Sri Lanka Ports
tourism corridor. Authority and the Sri Lankan conglomerate
● Finally, the grandeur and prevalence of John Keells Holdings, making it “the largest
cricket in both countries ought to be
foreign investor” in Sri Lanka’s port ● The short- to medium-term plan was
development projects. decided during Sri Lanka Finance Minister
● The agreement is meant to develop the Basil Rajapaksa’s visit to India in December
Western Container Terminal (WCT) of the 2021. According to a statement issued by the
Colombo Port, with the Adani Group having Sri Lanka High Commission in New Delhi, the
a 51 per cent stake and John Keells and the two sides discussed “four pillars” for short-
Sri Lanka Port Authority at 34 percent and 15 and medium-term cooperation.
percent, respectively. ● These are urgent food and health security
● Earlier in the week, the Sri Lankan packages that would envisage an extension
Parliament decided to postpone a debate on of a line of credit to cover the import of food,
the controversial Colombo Port City medicines and other essential items from
Economic Commission Bill that was India to Sri Lanka; energy security package
scheduled for the middle of the week. that would include a line of credit to cover
● The bill was seen as supporting China’s the import of fuel from India, and early
interests, and tantamount to ceding control modernisation of the Trincomalee Tank
over Colombo Port City. It triggered a Farm; offer of a currency swap to help Sri
domestic political storm. Lanka address its balance of payment issues;
● As Sri Lanka battles to revive its Covid- facilitation of Indian investments in different
battered economy, New Delhi and Colombo sectors that would contribute to the growth
have agreed on a four-pronged cooperation and expand employment.
package comprising urgent food and health
security, energy security, currency swap and
Indian investments.
INDIA -BANGLADESH
Indian Prime Minister Narendra Modi visited ● India and Bangladesh had a warm and
Bangladesh on 26th and 27th March 2021 to join the cordial beginning, with India being one of
celebrations of the Golden Jubilee of the the first countries to recognise the
Independence of Bangladesh, the Birth Centenary of independence of Bangladesh from Pakistan
the Father of the Nation Bangabandhu Sheikh in 1971. Not only did India help the
Mujibur Rahman and 50 years of establishment of Bangladeshi freedom fighters during the
diplomatic relations between India and Bangladesh. 1971 war, but it also assisted in its post-war
In March 2021, India conferred Gandhi Peace Prize reconstruction by providing financial
2020 to Sheikh Mujibur Rahman. Bangladesh is one assistance—around US$32 million worth of
of India’s Neighbouring Countries. India shares the commodity assistance, and another US$12
longest international border with Bangladesh. The million to help Bangladesh meet its foreign
length of the India-Bangladesh Border is 4,096.7 exchange reserves.
Kms. ● It has not been a straight and upward
trajectory all throughout, however. For a
long time, the relationship was mired in
mistrust and suspicion, but the political will
displayed by the top leadership of both
countries helped in resolving some long-
Evolution of India-Bangladesh relations-
standing issues; other important issues towards India. Indeed, India became one of
remain unaddressed. the key factors in the election campaign.
● During Mujibur Rahman’s tenure, India and ● The perception of the Awami League being
Bangladesh signed some important India-friendly led BNP to take an anti-India
agreements related to water, connectivity, stance. In May 1992, Khaleda Zia visited
cultural relations, science and technology. India and the two countries came to a
These include the Statute on Joint River resolution of some of their key issues, like
Commission, Agreement regarding India handing over the Tin Bigha Corridor to
Telecommunication, Protocol on Inland Bangladesh. The Khaleda Zia government
Water Transit and Trade, Trade Agreement, maintained an antagonistic attitude towards
and Agreement on Peaceful Use of Atomic India and, at the same time, enhanced the
Energy. country’s ties with Pakistan.
● However, the most significant was the ● The Awami League’s victory in 1996 marked
Treaty of Friendship, Cooperation and improvement in India–Bangladesh relations.
Peace, a 25-year-long treaty signed with the Prime Minister Sheikh Hasina, the daughter
vision of cementing the relations. The two of Mujibur Rahman, declared that she would
countries continued their efforts in resolving not allow any anti-India activities in her
disputes and signed the Land Boundary country.
Agreement (LBA) in 1974. ● I.K. Gujral, the then foreign minister in the
● However, the agreement could not be H.D. Deve Gowda government and who later
operationalised because it was not ratified became prime minister propagated a policy
by the Indian parliament. This would happen of India garnering goodwill among the
only in 2015, bringing closure to the various neighbors by accommodating their demands
land boundary disputes between India and without seeking reciprocity. The landmark
Bangladesh. The deal paved the way for the 30-year-long Ganges Water Treaty was an
exchange of 162 enclaves, as well as the outcome of this doctrine.
resolution of issues related to undemarcated ● The upward trajectory of the bilateral
territory. relations continued and a Dhaka–Kolkata
● After the assassination of Mujibur Rahman bus service was started on 19 June 1999 to
in a military coup in 1975, the military improve connectivity between the two
dictators who succeeded him started countries. India also agreed to provide duty-
distancing the country from India to an free access to select Bangladeshi products
extent that anti-India rhetoric became a and provided INR 200 crore (approximately
mark of patriotism for the regime. US$28 million) of credit line to Bangladesh
● In 1991, democracy was established in for buying transport equipment from India.
Bangladesh. Although there was a ray of ● Prime Minister Hasina initiated efforts to
optimism about a better relationship, the implement transit to India to reach its
Begum Khaleda Zia-led BNP won the election northeast regions (NER) by land. However,
in 1991 and was known for its reservations the effort was lost in the interplay of politics
inside Bangladesh because of resistance these two organizations were handed over
from the opposition parties. to India.
● The bonhomie between India and ● India’s relationship with Bangladesh
Bangladesh faced a jolt when BNP won the deepened further with Prime Minister
election in 2001. The BNP led by Khaleda Zia Sheikh Hasina’s consecutive victory in the
formed the government with the support of 2014 and 2018 parliamentary elections. It
the hardline religious party, Jamaat-e- has helped to maintain consistency in the
Islamist as coalition partner. The anti-India relationship and to expand cooperation in
activities grew in Bangladesh and despite multiple areas including connectivity,
India’s repeated plea, Bangladesh did not act energy, space, and climate action.
against the anti-India insurgents operating ● Around 50 institutional mechanisms have
from there, and in fact, Prime Minister been established between India and
Khaleda Zia referred to them as ‘freedom Bangladesh in areas of security, trade, power
fighters. and energy, transport and connectivity,
● Her government declined to join the Trans- science and technology, defense, river
Asian Highway Project, an idea floated by the management, and maritime affairs. The
Asian Development Bank (ADB) because it initiation of consultations between the
will pass through India and might help India foreign ministers every six months
to gain transit to its north-eastern states via alternatively in India and Bangladesh to
Bangladesh. The India–Myanmar– review the bilateral relationship has been
Bangladesh (IMB) trilateral gas pipeline also promising.
stalled. The pipeline would have helped ● The peaceful resolution of the boundary
resolve the problem of energy deficiency in dispute (land and maritime) is a success of
both countries. this period. Other key outcomes include: (a)
● The victory of the Awami League-led by India’s US$ 8-billion line of credit to
Sheik Hasina in December 2008 Bangladesh for development of various
strengthened the relationship further. infrastructure projects including railways
Sheikh Hasina declared that improving and energy pipelines(b) Initiation of power
relationship with India was her priority and trading by connecting the electricity grids of
pledged not to allow any group inimical to the two countries (India is exporting around
India’s interest to be active in her country. 660 megawatts of power to Bangladesh);
● Accordingly, security forces in Bangladesh and (c) Enhancement of the rail and road
launched operations against such groups connectivity with the revival of many old rail
and helped in arresting leaders of various and road linkages that were abandoned in
northeast Indian insurgency groups, 1947, and the addition of new links.
including the chair of the United Liberation
Front of Assam (ULFA), Arabinda Rajkhowa
and chief of National Democratic Front of
Bodoland (NDFB), Ranjan Daimary. Several
militant leaders ofSeveral militant leaders of
Areas of cooperation between India- km. Recently, the Indian Prime Minister also
inaugurated the ‘Maitri Setu’ bridge.
Bangladesh-
● It is a 1.9 km long bridge that connects
Sabroom in India with Ramgarh in
● Land Boundary Agreement in 2015: Both
Bangladesh. Border Haats organized in the
countries have achieved a remarkable feat
border districts also enhance trade and
under this Agreement. India and Bangladesh
people to people connectivity in India-
swapped the disputed islands. This allowed
Bangladesh relations.
the inhabitants to choose their country of
● Energy cooperation: India at present
residence. The inhabitants were
provides a power supply of 600MW from
incorporated as citizens of either India or
Palatana Power Plant in Tripura. In return,
Bangladesh.
Bangladesh agreed to provide a 10 GBPS
● Economic cooperation: Bangladesh is India’s
internet connection to India's North Eastern
biggest trading partner in South Asia. India
States.
exported $9.21 billion worth of goods and
● Tourism sector: Bangladeshis make up a
services in 2018-19. And, it has also
large portion of tourists in India. In 2017,
imported $1.04 billion worth of goods and
they outnumbered all the tourists arriving
services. India offered duty-free access to
from Western Europe.
multiple Bangladeshi products.
● Medical Cooperation:Bangladesh has
● Infrastructure Cooperation:India since 2014
received 9 million doses of Covishield
provided 3 Line of Credit(LOCs) amounting
vaccines from India so far. Apart from that,
to $8 billion to Bangladesh for the
Bangladesh also accounts for more than 35%
construction of roads, railways, bridges, and
of India’s international medical patients.
ports. But due to slow project
Bangladesh alone contributes to more than
implementation from Bangladesh, only 51%
50% of India’s revenue from medical
has been utilised by it. The World Bank
tourism.
refused to fund the construction of the
● Other cooperation: India-Bangladesh signed
Padma bridge. But India provided LOCs for
MOUs in the field of health, medicine, joint
the construction of it.
research. Further, they both agreed to
● Connectivity: Three passenger and freight
exchange knowledge between health
railway services are currently in operation
professionals of both countries.
between India and Bangladesh. At present,
● Partnership on Multilateral forums:India
two more routes are also restored by both
thanked Bangladesh for supporting India in
governments. The recent Chilahati-Haldibari
its election to the United Nations Security
rail link is also a significant step. Kolkata-
Council. Both countries agreed to continue
Dhaka-Agartala Bus Service also launched in
working together towards achieving early
2015.
reforms of the UN Security Council,
● This reduced the distance between Kolkata
combating climate change, attainment of
and Agartala from 1,650 km(through the
the Sustainable Development Goals (SDGs)
chicken’s neck or Siliguri corridor) to just 500
and protection of the rights of migrants.
● Highlighting that regional organizations such Challenges in India-Bangladesh

as the South Asian Association for Regional
relations-
Cooperation (SAARC) and the Bay of Bengal
Initiative for Multi-Sectoral Technical and
Economic Cooperation (BIMSTEC) have an
Teesta Water Sharing issue:
important role to play. Bangladesh thanked
● Teesta River is a 315 km long river that rises
India for convening the SAARC leaders Video
in the eastern Himalayas, flows through the
Conference in March 2020 and for the
Indian states of Sikkim and West Bengal
creation of the SAARC Emergency Response
through Bangladesh and enters the Bay of
Fund to counter the effects of the global
Bengal.
pandemic in the South Asian region.
● It is a tributary of the Brahmaputra (known
● Bangladesh will assume chairmanship of the
as Jamuna in Bangladesh), flowing through
Indian Ocean Rim Association (IORA) in 2021
India and Bangladesh.
and requested the support of India for
● It originates in the Himalayas near
working towards greater maritime safety
Chunthang, Sikkim and flows to the south
and security.
through West Bengal before entering
● Further areas of Cooperation: The two
Bangladesh.
countries need to focus on priority areas,
● Originally, it continued southward to empty
such as investments, security connectivity
directly into the Padma River but around
development, cross border energy
1787 the river changed its course to flow
cooperation, blue economy, cultural
eastward to join the Jamuna river.
economy, environment and disaster
● The Teesta Barrage dam helps to provide
management etc.
irrigation for the plains between the upper
● Resolve the refugee (Rohingyas) crisis.
Padma and the Jamuna.
During Covid 19:Reiterating the highest
priority India attaches to Bangladesh under
India’s Neighborhood First policy, India
assured that vaccines for Covid-19 would be
made available to Bangladesh as and when
produced in India. India also offered
collaboration in therapeutics and
partnership in vaccine production.
What is the dispute about? percent of it. The Teesta river issue assumed
significance after the conclusion of the
Ganga Water Treaty in 1996. Negotiations
between India and Bangladesh on the
sharing of the river waters began soon after
but have made limited progress.
● In 2011, India agreed to share 37.5 percent
of Teesta waters while retaining 42.42.5
percent of the waters during the lean season
between December and March. However,
the deal never went through due to
opposition from West Bengal Chief Minister
Mamata Banerjee who strongly opposed the
treaty.
● The sharing of the Teesta waters has been a
long-standing demand of Bangladesh since
the livelihood of millions is attached to the
river’s water. Moreover, the constant
building of dams along the Teesta in Sikkim
has resulted in lean seasonal flow draining
into Bangladesh.
● Since Bangladesh is a lower riparian country,
it is naturally sensitive about transboundary
center issues, and the sharing of the percent
waters currently holds the key to improved
India-Bangladesh relations.
● India and Bangladesh have not discussed the
river water issues (including the Teesta
● The Teesta River, a tributary of the
issue) through their common platform, the
Brahmaputra, originates in the Teesta Joint River Commission (JRC) in the last 10
Kangse glacier and flows through the state of
years with the last JRC Minister centMeet
Sikkim and West Bengal before entering
being held in New Delhi in March 2010.
Bangladesh. It has been mired in conflict
despite sharing 54 rivers India and
since 1947 when the catchment areas of the
Bangladesh had not signed a single bilateral
Teesta were allotted to India.
treaty on water sharing in the last quarter of
● After the setting up of the India-Bangladesh a century.
Joint Rivers Commission in 1972, an ad hoc
● For West Bengal, the river is important to
arrangement on sharing of Teesta waters
sustain its five northern along-standing
was made in 1983, with India receiving 39 darjeeling, North and South Dinajpur, Cooch
per cent of the water and Bangladesh 36 Behar and Jalpaiguri, which happen to be
some of the Boothe rest farming districts in also been achieved on the water sharing of
West Bengal representing an approximate the Teesta river.
12.77 per cent of the total state population. ● So far, both India and Bangladesh have
There is another matter of the Kolkata port agreed on a draft agreement on Teesta, but
drying up due to silting which requires more a comprehensive treaty whSandia to be
water, especially during the lean season. signed during Indian Prime Minister
While she did veto the proposed water Manmohan Singh’s visit to Bangladesh in
treaty in 2011, in recent times, the West 2011 did not fructify because West Bengal
Bengal Chief Minister has stated how her Chief Minister Mamata Composed an
state is ready to share water given suitable objection at the last minute on the ratio of
alternatives, like interlinking of rivers using water sharing agreed in the draft
canals, are explored along with the central ● Since water is a state subject, all decisions
government. related to water require the consent of state
● While Teesta itself is not a highly political authorities. The agreement has still not been
issue in India barring northern West Bengal, signed because according to CM Banerjee’s
it is a highly politically charged topic in understanding, Teesta does not have
Bangladesh which is often an election issue sufficient water that could be shared in the
raised by both the main national parties. For lean season (January–March).
the 2018 Bangladesh general elections, the ● The root cause of the Teesta dispute is the
Awami League stressed cooperating with construction of barrages on the river by India
India for sharing the waters in the Teesta in at Gajoldoba in Jalpaiguri district in West
its election manifesto. Bengal and by Bangladesh at Dalia in
● This can be used by the BNP led opposition Rangpur division for irrigation purposes,
to put enough pressure on the Bangladesh which is benefiting agriculture the n the
government in the future and rally anti- catchment areas
Indian sentiments, using the Teesta dispute ● CM Banerjee offered to provide water from
among other things, to secure power, some other river as an alternative to Teesta,
thereby putting at risk the progress made in but it was not received well by Bangladesh.
India-Bangladesh relations so far. Teesta, ● India has also expressed concerns on the
therefore, is not merely a transboundary transboundary rivers with Bangladesh,
water dispute but an important tenet of especially the level of pollution in the Churni
Bangladesh’s domestic politics and the river due to the discharge of effluents from
developing geopolitics in the region. factories in upstream Bangladesh
● India and Bangladesh have instituted a joint
What has been achieved so far? river commission (JRC) for the resolution of
● India and Bangladesh signed an Agreement water disputes. However, doubts have been
in 1996 and a Memorandum of raised about the credibility of JRC, and the
Understanding in October 2019 on water demand for reforming JRC has gained
sharing of the Ganges and Feni rivers, traction recently. In August 2019, the 38th
respectively. Significant development has round of the JRC meeting was held in Dhaka,
which took place after a gap of at least seven Illegal migration issue-
years. ● Bangladesh surrounds India on three sides,
sharing 4,096 kilometers (around 2,500
Way forward- miles) of the border with the Indian states of
● Given commonalities on both sides in terms West Bengal, Assam, Meghalaya, Tripura,
of a largely agrarian economy along the and Mizoram. Ever since the partition of
Teesta basin, there are some common British India in 1947, successive waves of
solutions that both countries could explore people facing hostile conditions,
to deal with involving the reality of a water- persecution, intolerance, and adverse
stressed future. economic situations in what constitutes
● The major crop produced in the Teesta basin present-day Bangladesh have found
on both sides is rice, a highly water-intensive sanctuary in India.
crop. Both governments should encourage ● While some of them later returned to their
and incentivise practices like shifting to less homes in Bangladesh, the majority chose to
water-intensive crops by way of subsidies as assimilate within India. Economic migrants
well as using modern irrigation techniques continue unabated. There is no reliable
like drip irrigation to reduce water figure on the exact number of illegal
dependence. immigrants from Bangladesh in India.
● In the long run, the two sides will have to ● The influx of such a large number of illegal
look at the economic restructuring of the Bangladeshi immigrants, particularly in the
regions around Teesta to shift some of the border states, has proved to be a huge
population engaged in agriculture activities challenge for India with serious implications
towards service and manufacturing sectors. for its resources and national security.
● In the backdrop of climate change and ● It has substantially contributed to changing
retreating glaciers, transboundary meetings the demographic pattern in the
can either lead to cooperation or conflict and northeastern states of India, where
timely action is needed to ensure any such kilometers feel overwhelmed by outsiders.
dispute remains a source of the former This has adversely affected their way of life
instead of the latter. For this, a more and led to simmering tension between the
proactive approach is required from all two sides.
parties involved with decisions guided by ● It has also fueled insurgency in some of these
science and not politics. states. In Assam, for example, the presence
● Joyeeta Bhattacharjee : Additionally, the of a disproportionately large number of
existing bilateral dialogue on the water must illegal immigrants from Bangladesh and
take into account climate change, which has erstwhile East Pakistan, and their enrollment
caused the Himalayan glaciers to deplete as voters, led to a popular movement there
fast. Global warming has also hampered the (1979–1985).
river flows, which will only complicate water ● Detecting illegal immigrants from
disputes further Bangladesh is a daunting task. The subtle
differences in the accents, dialect, and
features between an Indian Bengali and a the years to stem the tide by erecting a
Bangladeshi are not easily discernible. barbed-wire fence along the border and
● The fact that most Bangladeshis already hold enhancing border surveillance have failed to
ration cards, voter identity cards, or even the produce the desired results.
unique-identity Aadhaar cards further ● The practice of occasionally pushing illegal
compounds the difficulty. Ironically, an Bangladeshi immigrants back across the
illegal Bangladeshi immigrant is more likely India-Bangladesh border has not been
to be equipped with an Indian identity effective. They are either prone to reenter
document than an Indian Bengali who may voluntarily from a different porous stretch or
take his or her Indian citizenship for granted. pushed back into India by Bangladeshi
border guards.
What has been done so far? ● Moreover, such a system of deportation is
● The Indian Parliament passed the Illegal devoid of any legal strength. It not only could
Migrants (Determination by Tribunal) Act in attract protests from Bangladesh if carried
1983 in an attempt to address the problem, out on a large scale but also could come in
but the measure failed to make any impact for criticism from both within and outside
(and was ultimately set aside by the India on grounds of being non-enduring and
Supreme Court in 2005). extralegal.
● The agitation culminated in the Assam ● Recently, the National Registration of
Accord that was signed on August 15, 1985, Citizens (NRC) was carried out in Assam
by the central and state governments and under the supervision of the SCI in an
leaders of the All-Assam Students Union and attempt to identify the illegal migrants from
All Assam Gana Sangram Parishad, which Bangladesh. The final list of NRC excluded
spearheaded the Assam movement. around two million people.
● The accord envisaged that all foreign
nationals who had entered Assam on or after Way forward-
March 25, 1971—the day after the Pakistan Sanjeev Tripathi (former head of the
Army began full-fledged operations against government of India’s Research and Analysis
Bangladeshi civilians seeking independence, Wing)
causing them to flee to India in large ● Enacting a national refugee law so that refugees
numbers—were to be detected, their names are clearly defined and can be distinguished from
deleted from the electoral rolls and illegal immigrants, and forging a bilateral
subsequently deported under the Foreigners agreement between India and Bangladesh that
Act, 1946. But little headway has been made provides for taking back nationals who stay
in that direction. illegally in the other country after due
● Dhaka has neither acknowledged the verification.
presence of a large number of illegal ● India may also consider taking assistance and
Bangladeshi immigrants in India nor taken advisory services from the United Nations High
any effective measures to control the flow of Commissioner for Refugees (UNHCR), the
its nationals into India. India’s efforts over International Organization for Migration (IOM),
and other concerned international agencies with passed by the Parliament in December 2019,
experience in this kind of complex issue. with Dhaka seeking a written assurance from
● India should also agree to consider giving work New Delhi.
permits to certain specified categories and ● Some social and political groups in Bangladesh
numbers of Bangladeshis living in India after are of the opinion thatThere will be millions of
their Bangladeshi nationality is established and Muslims unable to prove their claim to Indian
the Bangladeshi government provides them with citizenship under the rules of the NRC who
necessary travel documents. would not get the protection of the faith-based
● Such an agreement is essential to tackle the amnesty that the CAA now provides.
problem. The key to its success would be a joint ● While India may not deport them as a matter of
verification procedure acceptable to both policy, in coming years many of them may
countries. choose to cross into Bangladesh in order “to
● Under the bilateral developmental assistance avoid languishing in detention camps in
program, India should offer financial and atrocious conditions. “Hindus will want to go to
technical assistance to Bangladesh to introduce India, meanwhile, Muslims from India will try to
and implement a unique identity card system for enter Bangladesh which could create a
its nationals, similar to the Aadhaar card in India. dangerous situation.”
The process should preferably start in the border ● Bangladesh Foreign Secretary Masud Bin
areas. India may also consider introducing a Momen-it has no “immediate reason” to be
system of keeping biometric records of concerned about the Citizenship (Amendment)
Bangladeshi nationals while granting them visas Act of 2019 as it has been “assured” by New Delhi
to visit India. that it is India’s internal matter and will have no
● a more lasting and effective solution could be impact on them.
through fostering economic development in
Bangladesh, particularly along the border with Border death issue-
India. ● The death of Bangladeshi nationals following
● In addition, India and other donor countries and firing by the Indian Border Security Force (BSF) is
agencies need to work alongside Bangladesh to also a concern. Bangladesh urged India to stop
help foster its economic development, which will such incidents permanently, in response to
diminish the motivation for transborder which India introduced non-lethal weapons at
migration and assist in finding a permanent the Bangladesh border in 2010–11.
solution to the problem. ● The BSF uses non-lethal weapons including
● India may also consider tying its economic pump-action guns, stun taser shots and rubber
assistance to Bangladesh to the cooperation and bullets along the Bangladesh border,[31] which
support it receives in tackling the migration has resulted in less number of deaths. In
problem. Bangladesh, NGOs estimated that the number of
Bangladeshis killed in the BSF firing has reduced
Bangladesh's response to CAA- from 1,000to 455in 2,001–10 and 2009–18,
● The CAA became a huge cause of concern respectively. However, the authenticity of the
between India and Bangladesh when it was data is doubted.
● According to Bangladesh government data, Bangladeshi items will enjoy duty-free access to
around 294 Bangladeshi nationals have died Chinese markets.
from 2009 to 2018. While Bangladesh has been ● China is implementing $10 billion worth of
urging India to reduce the number of deaths to infrastructure projects in Bangladesh, which
zero, the BSF personnel argue that they open fire includes economic zones and power plants.
only in self-defense, i.e., when they are attacked ● China and Bangladesh have also been deepening
by the criminals in the border are the as, usually, their defense ties. From Chinese tanks, frigates,
they involved in the smuggling of arms, submarines and fighter jets, Beijing has provided
narcotics, fake Indian currencies, cattle and Dhaka with a number of military equipment
trafficking of women and children. under a 2002 Defense Cooperation Agreement.
● The introduction of non-lethal weapons has ● Bangladesh is also a supporter of China’s Belt
emboldened the criminals and attacks on BSF and Road Initiative and that country’s aspiration
have increased steadily. to link its Yunnan province to the Indian Ocean,
bypassing the long and stiff Malacca Straits
Indian High Commissioner to Dhaka Vikram Kumar which requires the access to Chittagong through
Doraiswami- Bangladesh. If it is put into effect, India will face
● India is always vigilant to stop the killings on some restrictions due to the Chinese naval and
borders with Bangladesh, and such casualty is maritime presence in the Bay of Bengal and
unexpected for both countries." We do not want consequently in proximity to the Andaman
border killings in two any country," he told Islands.
journalists during his visit to Rangpur. ● One of the most strategically important
● Joint steps should be taken by the two countries investments is in the ports of Bangladesh. China
to resolve such tragic incidents, he said. The is financing and constructing the Payra Deep Sea
Indian border guards have been specifically told port project estimated to cost between US $11
not to open fire on the borders if there is no billion and the US $15 billion. The port is the
threat of attack on them, Doraiswami said." third-largest port in the country and started
● (But) illegal activities have been increasing at the operating in 2016.
borders. Different countries are using the land of
Bangladesh as a route for their illegal activities. How is it a matter of concern for India ?
If we want to stop border killings, we have to stop ● The ongoing tensions between India and China
smuggling," the envoy said."If we take into over the Galway valley incident makes
account the statistics, there are fewer border Bangladesh more important to India. China is
killings now than at any other time. playing its soft card politics towards Bangladesh
to get attracted towards him in these ongoing
China factor in India-Bangladesh relations- tensions between India-China and China-US to
● Since August 2020 China has allowed 97 percent counter the Indian in the Indo-Pacific Region and
of Bangladesh’s exports to Beijing to enter the the US in the trade war.
country under its duty-free, quota-free Veena Sikri
programme. With this move, as many as 8,256 ● It may seem the Chinese implement projects
quickly, but they have problems also. They come
in with a friendly price but increase it for spare sectors including roads, railways, shipping and
parts and all. While India gives them favorable ports.
rates for lines of credit, the Chinese lay a debt
trap.
Joyeeta Bhattacharjee Rohingya issue impacting India-Bangladesh
● The Chinese have invested much less than what relations-
it had promised in Bangladesh so far. “It is ● The Rohingya issue is fast becoming India's a-
uncanny to India and China. Relations between Bangladesh relations. There were an estimated 1
the two countries should be free of comparison million Rohingya living in Myanmar before the
with a third country,” she noted in a report, in 2016–17 crisis. An estimated 625,000 refugees
which she argued that the duty-free access given from Rakhine, Myanmar, had crossed the border
by the ChinesGalwayangladeshi products with into Bangladesh since August 2017. The majority
stringent clauses. are Muslthe im while a minority are Hindu.
● The flow of Rohingya from Myanmar intensified
Way forward- in 2017 and the coast near the Bangladeshi city
● India’s record of implementing projects in its of Cox’s Bazar was taken over by refugee
neighborhood has been “abysmally poor”, which settlements. In June 2015, the Bangladesh
pushes neighboring countries more towards government suggested resettling Rohingya
China refugees on the Bhasan Char island under its
● While power projects announced by Reliance Ashrayan Project.
Power and the Adani Group remain at nascent ● The Bangladesh government is moving these
stages, projects such as Akhaura-Agartala rail refugees to an isolated island known as Bhasan
link, dredging of inland waterways and Char which is located 21 miles (34 kilometers)
construction of the India-Bangladesh Friendship from the mainland.
Pipeline are all moving at a snail’s pace. ● As Bhashan Char falls in an ecologically fragile
● Bangladesh is also miffed with India for not area prone to floods, erosion and cyclones, it is
giving a significant push to SAARC and BIMSTEC not considered safe for human settlements.
that would boost regional trading and ● The UN and various other human rights agencies
connectivity. Besides, the Bangladesh-Bhutan- are against this relocation as they believe that
India-Nepal Motor Vehicles Agreement has also Rohingya refugees must be able to make a free
not been making much progress. India should and info estimated 1 million Rohingya were living
take adequate measures to implement the upon relevant, accurate and updated
projects timely information.
● India can assist Bangladesh in its socio-economic
development. Bangladesh is the biggest What Bangladesh wants from India?
development partner of India today. India has
extended three Lines of Credit to Bangladesh in Nayanima Basu
the last eight years amounting to $8 billion for Minister Sheik Hasina, who recently won a record
the development of infrastructure in various fourth term to office, has said multiple times that she
expected India to have done more to help Dhaka
repatriate the lakhs of Rohingya refugees from ● With the completion of the two connectivity
Buddhist-dominated Myanmar living in the projects — the Feni bridge connecting
country. According to diplomatic sources, Sabroom, Tripura with Chittagong,
Bangladesh is going to now put pressure on Bangladesh and the Agartala–Akhaura rail
Myanmar by using India as it does not want to sour line — Tripura would emerge as a well-
its friendly ties with Naypyidaw. connected state from a ‘landlocked’ one
● India also plans to develop an integrated
Rajeev Bhatia check post and cargo handling facility at
Bangladesh realizes fully that the solution to the Nischintapur — the junction point of
Rohingya crisis lies in Myankilometrest India. “But Agartala-Akhaura rail link at Tripura. The
they do think India should use its good offices to help Ministry of Development of Northeastern
Bangladesh by taking it up with Myanmar.” Region is bearing the cost of laying the track
on the Indian side and the Ministry of
Connectivity Gaining Greater Currency in India- External Affairs is bearing the cost on the
Bangladesh Relations- Bangladeshi side.
● It is worth noting that the Northeastern ● The new rail link will reduce the journey time
region, which is connected to the mainland between Agartala and Kolkata by passing
of India by the 22-kilometer Siliguri corridor through Dhaka instead of Guwahati. The
of West Bengal, is poverty-stricken, and the travel time between Agartala and Kolkata
region’s backwardness is exacerbated by its will be reduced to 10 hours from the current
landlocked geography, poor infrastructure, 31 hours as it will travel a mere 550 km
communication bottlenecks, and abridged instead of 1,600.
natural trade route. This region is also ● India and Bangladesh currently have four
known as one of India’s conflict zones, which operational rail links between West Bengal
has witnessed insurgency, ethnic strife and and Western Bangladesh —Petrapole-
displacement of people throughout history. Benapole, Gede-Darshana, Radhikapur-Biral,
● However, the scenario started changing and Singhabad-Rohanpur. The last two are
from the last decade of the 20th century, also notified for the use of Nepalese transit
when India adopted a trade liberalization traffic. The present line will not only help
policy with its neighbors and incorporated people from Agartala but also those from
the Look East Policy (now Act East Policy) Mizoram, which is 150 kilometers away.
into its foreign policy. ● Tripura and Bangladesh have been recently
● Connectivity has become a buzzword in connected through water. The waterways
India-Bangladesh relations in recent times.. protocol route between the state and the
According to Dr S. Jaishankar seamless neighboring country was made operational
connectivity between India and Bangladesh on 5 September 2020.
will change the entire geo economy of the ● The 90-km long Sonamura-Daudkandi route,
region. The Bay of Bengal will look very included in the list of Indo-Bangla protocol
different. (IBP) routes, connects Tripura with the
National Waterways of India through
Bangladesh and is expected to boost trade. expeditious signing of the Enabling MoU for
Presently, ships and steamers ply from Bangladesh, India and Nepal to commence
Haldia in West Bengal to Daudkandi. the movement of goods and passengers,
● Tripura’s Maharaja Bir Bikram airport would with provision for Bhutan to join at a later
be the third international airport in the date.”
landlocked Northeastern region after its new ● Analysts suggest that the BBIN MVA is a
terminal is completed by this year. The potential “game-changer for neighborhood
Airport Authority of India (AAI) has stated cooperation.” That these states have agreed
that Rs 438 crore was invested to complete to “exchange their traffic rights” to allow
the project. After completion of the new free movement of cargo and people within
project, flights between Agartala and Dhaka, and across international borders is
as well as the check-posts like Chittagong noteworthy.
and Sylhet, would be operated. Agartala is ● According to Bipul Chatterjee and Arnab
connected through roads and buses Ganguly, there are sizable hurdles that need
between Dhaka–Agartala road plys every to be addressed if these projects are to be
day. realized. These include limitations imposed
● After all the projects are made operational, by a lack of adequate infrastructure, and the
the land-locked Tripura would be a well- absence of synchronized regulations and
connected state through roads, railways, customs procedures. A report from the
water and by air through Bangladesh. Observer Research Foundation (where I
● Bangladesh has expressed interest in joining work) also found these inadbusesacies as
the India-Myanmar-Thailand trilateral significant for progress on connectivity.
highway project. Bangladesh’s interest in the
trilateral project with India, Myanmar, and Scholar's view
Thailand along with the BBIN connectivity
can be useful for both India and Bangladesh. Context: Status of India -Bangladesh relations and
For one, it will facilitate the development of how this approach can benefit India in its problems
India’s much-neglected Northeast region, in the western frontier
which brings for Delhi both economic and
strategic benefits. Bangladesh also benefits. C Raja Mohan
● For India, the trilateral highway is important ● Over the last decade, Prime Minister Sheikh
as a gateway to ASEAN that can help boost Hasina has invested much in the
trade, people-to-people, and cultural transformation of Dhaka’s bilateral ties with
linkages between India and Southeast Asia. Delhi. India has reciprocated in good
● December 2020, the Joint Statement noted measure.
that in order to ease movement of people ● The steady improvement in bilateral
and goods as well together connectivity, the relations over the last decade has been
two countries are looking at “an early reflected in growing trade volumes,
operationalization of the BBIN Motor expanding trans-border connectivity,
Vehicles Agreement [BBIN-MVA] through cooperation on terrorism, and widening
regional cooperation. Modi was right to Context: How India can approach towards
proclaim a golden age in bilateral relations. remaining issues and how cooperation over
We are only at the dawn of that age— there connectivity can benefit India specifically in its Act
is much that remains to be done to realise East policy
the full potential of the bilateral
relationship. Deb Mukharji
● Is there something we can learn from the ● Bangladesh has also expressed an interest in
east that can be applied productively to being involved in road links between India,
India’s northwest? First is the importance of Myanmar and Thailand. Until not too long
political stability and policy continuity that ago, Dhaka had been wary of such
have helped Delhi and Dhaka deepen connectivity.
bilateral ties over the last decade. In ● It is important that, on India’s part, things
contrast, the political cycles in Delhi and progress rapidly. Bangladesh has sought a
Islamabad have rarely been in sync. detailed proposal from India on its request to
● Second is the concern for mutual security. be provided connectivity between Guwahati
Cooperation in countering terrorism built and Chittagong, as also transit between
deep mutual trust between Dhaka and Delhi. Mahendraganj in Meghalaya to Hili in West
That trust helped deal with many complex Bengal.
issues facing the relationship. ● One of the lingering effects of the division of
● In the case of Pakistan, its army has sought an interdependent landmass into mutually
to use cross-border terrorism as a political suspicious national entities has been the lack
lever to compel India to negotiate on of development in all the areas concerned. A
Kashmir. That strategy may have had its day. moment may have arrived when in some
If sponsoring terror seemed a smart strategy form, the promise of SAARC or BBIN may
in the past, it has now become the source of reach fulfillment. Free connectivity could
international political and economic change the lives of people in the most
pressure on Pakistan. significant ways.
● The third is to depoliticise issues of ● A recent World Bank study has projected
enlightened national economic interest. exponential growth in trade with a
Delhi and Dhaka have steadily moved consequent effect on GDP for both India and
forward on issues relating to trade, transit Bangladesh if there is free trade and liberal
and connectivity by dealing with them on connectivity. In this context, it is heartening
their own specific merits. Pakistan, on the to note that there have been positive
other hand, has made sensible bilateral discussions between the two countries in
commercial cooperation and regional arriving at a CEP. Meanwhile, export figures
economic integration hostages to the from Bangladesh reveal that following
Kashmir question. It is not clear if Pakistan is India’s offer of duty-free access to a number
ready to separate the two and expand trade of items, exports have increased
ties while talking to India on Kashmir. substantially.
● Water-related issues are rarely if ever,

resolved by ministries of water resources.
There has been an absence of political Rajeswari Pillai Rajagopalan
direction or involvement of the foreign ● Bangladesh’s interest in the trilateral project
ministries. with India, Myanmar, and Thailand along
● Unfortunately, these apparently minor issues with the BBIN connectivity can be useful for
have a habit of flaring up and affecting both India and Bangladesh. For one, it will
bilateral relations. The Indian prime facilitate the development of India’s much-
minister’s comment that India is committed neglected Northeast region, which brings for
to a reasonable solution to the sharing of all New Delhi both economic and strategic
river waters bypasses the essential need for benefits.
the development of water resources, which, ● Bangladesh’s Foreign Minister Dr. A.K. Abdul
in turn, requires multi-state collaboration. Momen, speaking to reporters after the
● An instance of inexcusable laxity would seem summit, stated “Our trade and commerce
to be in not yet even commencing the will see a boost if the road is built. We need
technical survey of the Ganges barrage, to be involved in the road belt considering
which is supposed to maximize the benefits our strategic interests.”
of the Farakka Agreement to Bangladesh. ● For India, the trilateral highway is important
Political will besides, there also needs to be as a gateway to ASEAN that can help boost
accountability at the official and technical trade, people-to-people, and cultural
levels for surveys not moving from one joint linkages between India and Southeast Asia.
statement to the next. India reportedly has also offered to extend
● One might recall that during Sheikh Hasina’s the highway to other countries in the region
visit in October 2019, her statements had including Cambodia, Laos, and Vietnam.
clearly, if politely, indicated her dismay at ● Analysts suggest that the BBIN MVA is a
some political developments in India. potential “game-changer for
Possibly as a reaction to Indian statements neighbourhood cooperation.” That these
connected to the CAA, some ministerial visits states have agreed to “exchange their traffic
from Bangladesh had been cancelled. rights” to allow free movement of cargo and
● These concerns have not gone away, and people within and across international
have been reflected in the demonstrations borders is noteworthy. It also suggests that
against the Indian prime minister’s current these links will be developed initially as
visit, leading to several deaths. While some “functional transport corridors” before
reassurances have presumably been evolving into “economic corridors.”
conveyed to Dhaka, it would remain ● This is also an interesting facet of India’s sub
important to remember that our internal regional diplomacy that is gaining greater
politics, statements and, indeed, treatment ground, especially during the second term of
of minorities, would influence our the Modi government.
neighbours at many levels and, ● There is recognition that regional
consequently, our relations with them. diplomacy using the South Asian
Association for Regional Cooperation ● Bangladesh’s interest in joining the highway

(SAARC) vehicle has not proceeded along project should be welcome, but India’s track
the lines that Modi had originally record in completing infrastructure and
envisioned and therefore there is a greater connectivity projects has generally been
emphasis on subregional groupings such as poor. In a post-COVID-19 scenario, with
the Bay of Bengal Initiative for Multi- resources also stretched, the completion of
Sectoral Technical and Economic these projects could be further delayed.
Cooperation (BIMSTEC) and BBIN, which
can also be useful in pursuing India’s Act
East policy.
● Despite these promising benefits, progress Context: China factor in India, -Bangladesh
on these highway projects has been slow. relations
India’s foreign minister, Dr S Jaishankar, in a
letter to Asom Gana Parishad (AGP) MP Joyeeta Bhattacharjee
Birendra Prasad Baishya, said that India is ● China’s main interest is in Bangladesh’s 160
involved in two projects in Myanmar as part million strong markets. Besides, Bangladesh
of the 1,360-km Trilateral Highway project. is a good outsourcing destination for its
● These include improving the 120-km Kalewa- manufacturing industries because of the
Yagyi road sections to highway standard and cheap labour Bangladesh offers. Again, ports
upgrading 69 bridges and approach roads on in Bangladesh are an important motivation
the Tamu-Kyigone-Kalewa (TKK) road for China because it offers a lucrative
section of 150 km. alternative route to reduce its dependence
● The work on the Kalewa-Yagyi stretch has on the Straits of Malacca for the supply of its
been delayed for a number of reasons energy.
including the challenge of building roads ● Given Bangladesh’s geographical proximity
with “steep gradients and sharp curves,” due to China’s Yunnan Province, its ports can be
to which only one-fourth of the road has easily accessed for the supply of energy
been done. Work on the bridges has been resources. Nevertheless, there is an India
slow because of a change in contractors, as factor for the bonhomie between China and
the work done by a previous contractor was Bangladesh. There is a large section in
not up to satisfactory levels. Bangladesh supporting stronger ties with
● These include limitations imposed by a lack China to counterbalance India.
of adequate infrastructure and the absence ● For China, developing a relationship gives it
of synchronized regulations and customs a presence in a major country in South Asia,
procedures. which is India’s backyard. Bangladesh could
● BBIN project has the potential to be linked work as a bridge to access the Indian
with other regional connectivity initiatives markets for its products.
serving larger regional and interregional ● Again, Bangladesh’ strategic location,
goals of strengthened networks among especially, proximity to the Siliguri Corridor,
India, Bangladesh, Bhutan, and Nepal. a narrow strip of land connecting India’s
northeast region to the rest of the country is said that India should not be worried about
also a motivating factor. Indian security the country’s relationship with China.
analysts suggest that China might leverage ● While China-Bangladesh is generally warm,
its relationship with Bangladesh to watch there is evidence suggesting Bangladesh
India closely in the event of major hostilities might not be subservient to the Chinese
breaking out between China and India over diktats. Bangladesh not agreeing to the
their disputed border. Chinese conditions on the construction of the
● Although analysts in Bangladesh observed Sonadia deep-sea port in 2014 can be taken
such assumptions are farfetched, the as an example.
country, instead, wants to maintain good
relations with both India and China.
Recently, the Prime Minister of Bangladesh
INDIA - CENTRAL ASIA : GROWING CONVERGENCE
the region due to frosty ties with Moscow.

Historical ties: In fact, India had good diplomatic
● India’s relation with Central Asia has a long engagements with the region as it was one
history. The two regions have shared deep of the very few countries that had a
cultural linkages with each other over two consulate at Tashkent in the erstwhile
millennia in terms of people to people Central Asian region of the Soviet Union.
contact, trade, and commerce. Ancient ● After the breakup of the Soviet Union, there
kingdoms like the Kushan Empire had seemed to be drift in India’s relations with
territory in parts of both regions. These this region. Many explanations have been
historical and civilizational linkages have offered for this drift, the most prominent
spilled over into many areas including being that India was thoroughly engaged
religion and culture. These contacts were with its immediate neighborhood, especially
further strengthened in the medieval ages Pakistan, over the issue of Kashmir.
with the advent of Islam and later with the Secondly, India was now on its own in the
establishment of Muslim rule in India, many international system as it no longer had the
of whose rulers had their origins in Central backing of the erstwhile superpower USSR,
Asia. which had been disintegrated.
● Since the Central Asian states were earlier a
part of the Soviet Union, which had very
friendly relations with India, the contacts
between the two regions were not lost,
unlike other nations that lost contact with
India-Central Asia Relations Post Soviet ● Some commentators suggest that this was
articulated through a ‘Look North Policy’
Union Disintegration:
that emphasized shared concerns along with
a desire to ‘promote stability and
cooperation without causing harm to any
third country.’
● For India, these threats were embodied in
the civil war in Tajikistan between 1992 and
1997. Indian commentators attributed the
Tajik civil war to external Islamist forces,
supported by the Pakistan-backed Afghan
Mujahideen, exploiting inter-regional and
inter-clan rivalries in Tajikistan. India’s
outreach to Central Asia during this period
was, therefore, driven by fears that
Pakistan may seek to gain strategic depth in
the region. In the latter half of the 1990s,
these fears sharpened as the Taliban gained
control over Afghanistan in 1996, India and
Pakistan crossed the nuclear threshold in
1998, and American and Chinese influence
grew in Central Asia.
● In practice, Tajikistan functioned as India’s
bridgehead in the region during this period.
● Soon after the formation of the Central Asia India provided material and logistics
states, former Indian Prime Minister P.V. assistance to the anti-Taliban Northern
Narasimha Rao visited four out of the five Alliance in Afghanistan, routed through
republics – Uzbekistan and Kazakhstan in Tajikistan. Subsequently, Tajikistan also
1993, followed by Turkmenistan and became the recipient of long-term Indian
Kyrgyzstan in 1995. military training as well as the location of
● In addition to agreements signed focusing on what could have been India’s first overseas
expanding Indian trade, investments and military base.
development assistance to the region, this ● In 2002, India and Tajikistan signed a
visit also emphasized the shared secular bilateral defence agreement, as part of
values and drew attention to common which India refurbished Ayni, a disused
threats – religious fundamentalism, ethnic Soviet airbase. Widely considered to have
chauvinism, terrorism, narcotics-funded been motivated by an Indian desire for
violence and crime. These shared security access to the airfield, this did not come to
interests were a driving force behind India’s pass. India’s military cooperation with other
engagement with the region. nations in the region has been significant,
but far more limited. Tashkent has been an 2017, formal negotiations have not yet
arms supplier, with India acquiring six begun.
Ilyushin-78 in-flight refuelling aircraft from ● More importantly, twelve years after it
Uzbekistan became an observer, India joined the
Shanghai Cooperation Organization as a full
India, Central Asia & Multilateralism: member in 2017. The change of status from
observer to a full member marks an
● Apart from the bilateral cooperation, India important shift in India’s approach to the
has also focused on multilateral engagement region as a whole.
with the region at two levels. The first is
through regional connectivity, with a
Importance of the Central Asian region for India:
renewed push for long delayed projects
● Central Asia’s location at the heart of
starting with Prime Minister Modi’s visit to
Eurasia, its geographical proximity, and
Iran, India’s gateway to Central Asia, in 2016.
historic linkages, makes the region highly
During this visit, both sides signed an
relevant to India’s strategic interests.
agreement to develop Chabahar Port, which
Mineral and Energy Security-
has now become commercially operational.
● Central Asia is rich in energy resources,
● To facilitate transport of goods between
including oil, coal, and natural gas.
India and Central Asia via Iran, India acceded
Kazakhstan is the largest producer of
to the Customs Convention on International
uranium. Uzbekistan also has large uranium
Transport of Goods under cover of TIR
reserves.
Carnets in 2017 and joined the Ashgabat
● India being an import-dependent nation for
Agreement – which includes Iran, Oman,
its energy requirements needs to have a
Turkmenistan, and Uzbekistan – in 2018.
strong relationship with these countries for
While these steps have given a new lease of
strengthening its energy security.
life to India’s vision for Eurasian connectivity,
New Delhi must combine skillful diplomacy
Security-
with action on the ground to ensure the
● Terrorism, drug trafficking and radicalization
continued viability of these projects in the
have been a matter of concern for India and
face of US-Iran tensions.
Central Asian countries alike. This has
● The second is through platforms for
especially become a major concern in the
multilateral cooperation with both the
context of the Taliban taking over control of
Central Asian states and other external
Afghanistan.
powers. On the economic front, India and
● Geopolitical significance: Unstable Central
the Eurasian Economic Union, which
Asia has the potential to affect Russia and
includes the Central Asian nations of
China, which have border connectivity to
Kazakhstan and Kyrgyzstan, set up a Joint
these countries. Also, as China is increasing
Study Group to explore the possibility of a
its influence in India’s neighborhood, a
Free Trade Agreement in 2015. While the
healthy relationship with Central Asian
group submitted its feasibility report in
Countries can help India to counter China’s
strategy (Mandal theory – Your neighbour is the Custom Union. India has already
your natural enemy and neighbour’s proposed a Comprehensive Economic
neighbour is your friend). Cooperation Agreement to integrate its
markets with the unifying Eurasian space.
Trade and Investment- 4. India looks to Central Asia as a long term
● The Central Asian countries provide trade partner in energy, and natural resources.
and investment opportunities in multiple Central Asia possesses large cultivable tracts
sectors like IT, Pharmaceuticals, Tourism of land and it sees potential for India to
etc. cooperate in production of profitable crops
with value addition.
This bolsters the importance of improving India- 5. The medical field is another area that offers
Central Asia relations. huge potential for cooperation. India is
ready to extend cooperation by setting up
Connect Central Asia Policy: Main civil hospitals/clinics in Central Asia.
6. India’s higher education system delivers at a
Aspects
fraction of the fees charged by Western
universities. Keeping this in mind, India
Connect Central Asia Policy is something that brings
would like to assist in the setting up of a
a broad-based approach, including political, security,
Central Asian University in Bishkek that
economic, and cultural connections. In the very first
could come up as a centre of excellence to
India Central Asia Dialogue held on 12 June 2012,
impart world class education in areas like
MoS, External Affairs, laid down the essential
Information Technology, management,
elements of this policy:
philosophy and languages.
1. India will continue to build on our strong
7. India is working on setting up a Central Asian
political relations through the exchange of
e-network with its hub in India, to deliver
high level visits. Its leaders will continue to
tele-education and tele-medicine
interact closely both in bilateral and
connectivity, linking all the five Central Asian
multilateral fora.
States.
2. India will strengthen its strategic and
8. Indian companies can showcase their
security cooperation. India already has
capability in the construction sector and
strategic partnerships in place with some
build world class structures at competitive
Central Asian countries. In focus will be
rates. Central Asian countries, especially
military training, joint research, counter-
Kazakhstan, have almost limitless reserves
terrorism coordination and close
of iron ore and coal, as well as abundant
consultations on Afghanistan.
cheap electricity. India can help set up
3. India will step up multilateral engagement
several medium size steel rolling mills,
with Central Asian partners using the
producing its requirement of specific
synergy of joint efforts through existing fora
products.
like the Shanghai Cooperation Organization,
9. As for land connectivity, India has
Eurasian Economic Community (EEC) and
reactivated the International North-South
Transport Corridor (INSTC). India & Central region, particularly the formation of China’s
Asian nations need to join our efforts to Belt and Road Initiative (BRI) and the
discuss ways to bridge the missing links in external security threats to the region.
the Corridor at the earliest and also work on ● The convergence of China’s BRI projects in
other connecting spurs along the route. the region with India’s unrealized economic
10. Absence of a viable banking infrastructure in interests there has prompted the latter to
the region is a major barrier to trade and adopt a more proactive approach and look at
investment. Indian banks can expand their new avenues for economic cooperation.
presence if they see a favourable policy ● Since China has been able to leverage its
environment. geography, finances and population to
11. India will jointly work to improve air ensure that its projects can contribute
connectivity between our countries. India is toward making its dream of a new and
one of the biggest markets for outbound improved Silk Road a reality, India is also
travelers estimated at USD 21 billion in 2011. committed to expanding the scope of its
Many countries have opened tourist offices economic relations with the region. (Rhea
in India to woo Indian tourists. Central Asian Menon, Sharanya Rajiv)
countries could emerge as attractive holiday
destinations for tourists and even for the Central Asia & Terrorism, Ethnic Violence:
Indian film industry which likes to depict ● Beyond economics, the regional security
exotic foreign locales in its films. challenges in Central Asia also have the
12. Connections between our peoples are the potential of spilling over into India.The
most vital linkages to sustain our deep increasing Islamic radicalization has become
engagement. I would particularly like to a major security concern for the
emphasise exchanges between youth and governments of the region.
the future leaders of India and Central Asia. ● Following the start of Syria’s civil war and the
India already has a robust exchange of rise of the Islamic State (IS), estimates
students. India will encourage regular suggest that several thousands of Central
exchanges of scholars, academics, civil Asians, ranging from 2000 to upwards of
society and youth delegations to gain deeper 4000, migrated to join the terrorist group.
insights into each other’s cultures. Apart from men from the region, who
● India’s ‘Connect Central Asia Policy’ was account for 5-10 percent of the foreign
reinforced in 2015, when Prime Minister fighters, these migrants also include
Narendra Modi became the first Indian head families, particularly women and children.
of state to visit all five nations between July ● As the IS began losing their territories in the
6 and 13. Middle East, concerns emerged about the
● Since then there has been significant return of foreign fighters to their home
progress in cooperation, particularly in the states as well as the responsibilities of those
fields of defence, energy and connectivity. home states toward them and their families.
This renewed focus on the region can be ● Earlier this year, Kazakhstan conducted an
attributed to the changing geopolitics of the operation to evacuate 231 citizens from the
Syrian conflict zones and Uzbekistan changer if it materializes. However, despite

repatriated 156 citizens. some positive developments like the signing
● Given its experience in successfully tracking of an inter-governmental agreement,
down and limiting the influence of the IS realization of TAPI is still some distance
domestically, India’s agenda in Central Asia away.
includes cooperation to tackle terrorism and ● Iran, which provides alternative access to
radicalization. Central Asia, is an important but unspoken
● With the arrival of Taliban in Afghanistan, factor in India-Central Asia relations.
Central Asian countries fear the surge in However, India-Iran relationship for the last
ethnic violence and autonomy in some decade or so has not progressed well.
regions as Taliban coming to power can Mutual suspicion mars this relationship.
push and bolster these groups present in ● The International North-South Transport
these countries for sure. Corridor (INSTC) which would pass through
Iran, is still underdeveloped and requires
Key challenges for India in Central Asia: huge investment.
● India has also been slow in realizing the
● For India to reach Central Asia, the shortest
potential of the strategic Chabahar Port in
route goes via Pakistan and Afghanistan.
Iran. India will require making substantial
Since Pakistan’s hostility with India and its
investments in Iran to make the INSTC as
cooperation with China against India are
well as Chabahar Port to provide short and
evident, overland connectivity with Central
effective access to Central Asia. This must be
Asia remains problematic.
top priority in India’s foreign policy.
● The other problem is that both Pakistan and
● Religious extremism, fundamentalism, drug
Afghanistan are not secure and stable
trafficking pose challenges to these societies
countries, so even if India shared good
and to regional stability. Issues relating to
relations with Pakistan, this route to Central
water, security, environment, migration
Asia from India is not a safe and reliable path
have become acute. The region faces newer
for trade and commerce. The safety of goods
threats of narco-terrorism emanating from
and transport of energy resources is
Afghanistan. The region is said to be an
extremely crucial as the stakes of both the
‘arena of great game’.
governmental and private players in terms of
● China has come to pose an even greater geo-
investments are very high.
political threat to India in the region.This
● The key constraint India faces is the lack of
apart, compared to $100b trade turnover
direct access to Central Asia. The foremost
with China, the region’s trade with India is
factor hindering India-Central Asia relations
only $2b. Though India is part of the
from reaching its true potential is
Turkmenistan-Afghanistan-Pakistan-India
connectivity because the CARs are
(TAPI) pipeline, progress is slow.
landlocked.
● The Turkmenistan-Afghanistan-Pakistan-
India Pipeline (TAPI) would be a game-
Unrest in Kazakhstan: will exacerbate the country's long-standing

● A sharp and sudden increase in fuel prices income inequality.
recently triggered a national crisis in ● Just last year (2021), the country's inflation
Kazakhstan, with the government officially rate was approaching 9% year on year, the
resigning after days of violent protests highest in over five years.
across the country.
● In the midst of a violent crackdown on anti- What is the demand for Democracy?
government protests, Russian-led forces ● Cheaper fuel is only the tip of the iceberg.
have also arrived in Kazakhstan at the Ordinary Kazakhs are increasingly
request of the country's authoritarian dissatisfied, both with rising income
President. Earlier, in New Delhi, India's inequality, which has only worsened as a
Defence Minister held bilateral talks with the result of the coronavirus pandemic and with
Defence Minister of the Republic of the lack of democracy.
Kazakhstan. ● While the country has attracted millions of
dollars in foreign investment by appearing
What is the cause of Unrest? politically stable, its authoritarian
● Angry Kazakhs first took to the streets after government has been widely criticized for
the government lifted price caps for Liquified violating fundamental freedoms over the
Petroleum Gas (LPG), which is commonly years.
used in vehicles, causing fuel prices to
double in the oil-rich Central Asian nation. What is the significance of the Protests?
● The protests began in the oil city of
Zhanaozen, where police killed at least 16 oil For the World-
workers protesting poor working conditions ● Kazakhstan, sandwiched between Russia
in 2011. and China, is the world's largest landlocked
● Protests erupted and quickly turned violent country, larger than all of Western Europe
in cities and towns across Kazakhstan, in combined, despite having a population of
what has been called the "biggest wave of only 19 million.
protests in Kazakhstan's history". ● It has vast mineral resources, including 3% of
● Kazakhstan has been a largely stable the world's oil reserves and significant coal
autocracy since the Soviet Union's collapse, and gas sectors.
and protests of this magnitude haven't been ● It is the world's largest producer of
seen since the 1980s. An autocracy is a form uranium, which has increased in price by 8%
of government in which one person has as a result of the unrest.
complete power over a country. ● Additionally, the country is the world's
● Protesters demanded that the government second-largest bitcoin miner.
resign and that LPG prices be reduced. They ● It is a primarily Muslim republic with a large
have argued that the price increase will Russian minority that has largely avoided the
result in a sharp increase in food prices and civil strife that has afflicted other parts of
Central Asia.
● The recent demonstrations are significant billions of dollars in western Kazakhstan,

because the country has long been regarded where the unrest began this month.
as a pillar of political and economic stability ● The US government has long been less
in an unstable region, despite the fact that critical of the post-Soviet authoritarianism in
that stability has come at the expense of a Kazakhstan than it has been of
repressive government that stifles dissent. authoritarianism in Russia and Belarus.
Russia- What is the reaction of the Government?

● The protests are also significant because ● It referred to the protesters as a "band of
Kazakhstan has been aligned with Russia, terrorists," declared Kazakhstan under
whose president sees the country — a body attack, and requested intervention from the
double for Russia in terms of its political and Russian-led military alliance.
economic systems— as part of Russia's ● The government has also attempted to put a
sphere of influence. stop to the demonstrations by instituting a
● The intervention of the Collective Security state of emergency and blocking social
Treaty Organization, a Russian version of networking sites and chat apps.
NATO, is the first time its protection clause ● Protesting in public without a permit was
has been invoked, a move that could have already illegal. It also initially gave in to some
far-reaching consequences for geopolitics in of the demonstrators' demands, dismissing
the region. the cabinet and announcing the possibility of
● Following pro-democracy protests in 2014 dissolving Parliament, resulting in new
and Belarus in 2020, this is the 3rd uprising elections. However, its actions have so far
against an authoritarian, Russia-aligned failed to tame public discontent.
nation.
● The chaos threatens Russia's sway in the What does this situation mean for India?
region at a time when Russia is attempting
to assert its geopolitical and economic ● Recognising its strategic importance, in the
power in countries such as Ukraine and last few years, India has been trying to lay
Belarus. more emphasis on building a robust
● The countries of the former Soviet Union are relationship with Central Asia through
also keeping a close watch on the protests, bilateral dialogues and exchanges, exchange
and events happening in Kazakhstan could of high-level visits, extension of credit etc.
energise opposition forces elsewhere. ● Furthermore, under normal circumstances,
India would not have any direct stakes in this
For the United States- situation. However, in cognizance of recent
● Kazakhstan is also important to the United geopolitical developments which could
States because it has become a significant render India’s strategic relations with
country for American energy concerns, with Central Asia extremely crucial to
Exxon Mobil and Chevron investing tens of responding to the Afghan situation, India
would consider any instability in Central ● India, for its part, reinvigorated its strategy
Asia as unfavourable. towards the region by the ‘Connect Central
● The only silver lining for India in the Asia’ policy in 2012. Prime Minister
situation in Kazakhstan is that it will Narendra Modi’s visit to the region in 2015
possibly complicate China’s plans for set in motion the next stage of cooperation.
Central Asia. ● CARs also made many official visits to New
Delhi and signed MoUs and agreements on
Critical examination of India's approach counterterrorism, military cooperation, and
trade. India’s SCO membership, the partial
to central asia-
opening of Chabahar port, and written
assurance from US, added vigour to India’s
● India has traditionally attached great
constructive engagements.
importance to its relations with Central Asia.
● India needs to change its approach to
But, unfortunately, the relationship despite
Central Asia and show greater pro-activity.
close historical & cultural contacts has not
We must shed piecemeal approach to
progressed to the desired extent.
Central Asia in favour of a holistic and long
● India-Central Asia relations stagnated in the
term approach. We must think big. India-
20th century, due to the Anglo-Russian
Central Asia Trade is near $ 700 million as
rivalry in the “Great Game” and the
compared to China’s $ 46 billion.
consequent emergence of nation-states
● This will require dealing with Central Asia not
with differing ideologies.
only at the bilateral level but also at a
● Later on India, for its part, has so far chosen
collective level. India could consider setting
to take the ‘constructivist’ approach. The
up an India-Central Asia Forum (on the lines
concept of constructivism in international
of India-Africa Forum) to deal with the
relations was introduced by Nicholas
region in a holistic fashion, to engage with
Greenwood Onuf in 1989.Constructivism
them periodically with regularity and to
means there are no interests based
identify projects which are of common
exclusively on economic or security
interests. Monitoring an implementation
interests. Interests always assume the
mechanism should also be set up. It would
establishment of relations with certain
be desirable to set up a Central Asia fund
states but interact with each other according
(say $ 2 billion) to seed the various projects.
to their identities.
● New Delhi’s constructivism is more
concretely manifested in its ‘Connect Central
Scholar's view
Asia’ policy.However, India’s strategic,
economic and cultural interests remained
Harsh v Pant
severely curtailed as such aim was
● China’s trade with the Central Asian region
stonewalled by Pakistan’s lack of willingness
crossed the $50 billion (₹32,000 crore) mark
to allow India passage through its territory.
in 2013 whereas trade between Central Asia
and India struggled to hit a paltry $2 billion M K Bhadrakumar

(₹1,285 crore). ● Given the vast untapped mineral wealth of
● Central Asia is now central to China’s much the region encompassing the five Central
touted Belt and Road Initiative. India’s lack Asian countries and Afghanistan —
of direct overland access to the region due to estimated to be worth a few trillion dollars —
Pakistan’s reluctance in allowing Indian there is a significant economic dimension to
goods to pass through its territory has the unfolding saga.
constrained Delhi’s trade interests from ● There is geopolitical rivalry too, as the locus
growing in the Central Asian region and of global power is inexorably shifting to Asia.
consequently, trade with the region remains ● Washington hopes to create in Central Asia
far below potential. a vector of its Indo-Pacific strategy to
● The growing geostrategic and security contain China and Russia. At the same time,
concerns regarding the BRI’s China-Pakistan governments in Moscow and Beijing are
Economic Corridor (CPEC) and its violation of circling the wagons.
India’s sovereignty forced New Delhi to fix its ● India needs to work on an intricate network
lethargic strategy. of relationships with the regional states
● Most of the Central Asian leaders view while remaining mindful of the “big picture”.
India’s Chabahar port as an opportunity to ● Delhi’s moribund non-aligned mindset
diversify their export markets and control needs to be turned into a strategic asset to
China’s ambitions. China’s assertive navigate its long-term interests.
approach led to rising social discontent on ● India’s membership of the BRICS and SCO will
the ill-treatment of their ethnic brethren in help.India has no direct access to the region
neighbouring Xinjiang. but has vital stakes. Delhi cannot have an
● Central Asian countries have been keen to effective Central Asia strategy without the
have India as a partner as they have sought cooperation of these two big powers. India
to diversify their strategic ties.They have can use the card of regional connectivity to
admitted New Delhi into the Ashgabat stimulate partnerships.
Agreement, allowing India access to ● The time may have come to reopen the files
connectivity networks to facilitate trade and on the TAPI and IPI gas pipeline projects.
commercial interactions with both Central Both involve Pakistan.
Asia and Eurasia, and also access the natural ● Delhi must do everything possible to
resources of the region. convince the Central Asian states that its
● Rising anti-Chinese sentiments within the newfound interest in that region is anything
region and security threats from the Taliban but a by-product of geopolitical
allow New Delhi and Central Asia to considerations or a mere offshoot of
reimagine their engagement. India cannot tensions with Pakistan.
afford to lose any time in recalibrating its ● But India will have a challenge on its hands
regional engagements. to flesh out the “4Cs” concept that External
Affairs Minister S Jaishankar presented at
the event — commerce, capacity
enhancement, connectivity, and contact seamless connectivity with the region. For
being the four pillars of a new geoeconomic this purpose, India has faced enormous
partnership. challenges.
● The key areas are transit and transport, ● In the long-delayedTurkmenistan-
logistics network, regional and international Afghanistan-Pakistan-India (TAPI) pipeline,
transport corridors, free trade agreements, backed by the Asian Development Bank
manufacturing industry and job creation. (ADB), which was first proposed in the mid-
They ought to be front-loaded into India’s 1990s, all actors officially signed an
Central Asian strategy. intergovernmental agreement in 2010. Since
● A host of new possibilities open up if India’s then, progress has been stalled due to the
initiative on Central Asia runs on a parallel instability in Afghanistan, and the lack of
track with an improvement in relations with trust between India and Pakistan.
China.
● India kept away from the recent G7 Dr. Arvind Gupta
ministerial in Liverpool that berated China ● India needs to change its approach to Central
and Russia — and was the only Quad Asia and show greater pro-activity. We must
member to do so. shed piecemeal approach to Central Asia in
● Jaishankar’s call for coordination between favour of a holistic and long term approach.
Russia, India and China over Afghan issues is We must think big. India-Central Asia Trade
a call to energise the RIC format. is near $ 700 million as compared to China’s
● India’s regional strategies must be $ 46 billion.
anchored on a non-aligned, independent ● This will require dealing with Central Asia not
foreign policy. only at the bilateral level but also at a
collective level. India could consider setting
up an India-Central Asia Forum (on the lines
Naveed Qazi of India-Africa Forum) to deal with the region
● In this quest for the New Great Game, India in a holistic fashion, to engage with them
must balance realpolitik and moralpolitik. periodically with regularity and to identify
But there are enormous challenges to India projects which are of common interests.
in terms of connectivity. Due to the ● Monitoring an implementation mechanism
landlocked nature of central Asian states, should also be set up. It would be desirable
there is no direct sea route between India to set up a Central Asia fund (say $ 2 billion)
and the region. to seed the various projects.
● The region doesn’t share a border with India.
So, it would be better for India to establish a
The Politics of Agriculture at WTO
The World Trade Organization (WTO) is the only protection as well as other disciplines on the
global international organisation dealing with the trade.Among the agricultural goods traded
rules of trade between nations. At its heart are the internationally, food products make up
WTO agreements, negotiated and signed by the bulk almost 80 per cent of the total. The other
of the world’s trading nations and ratified in their main category of agricultural products is raw
parliaments. The goal is to ensure that trade flows as materials. Since the mid-1980s, trade-in
smoothly, predictably and freely as possible. processed and other high-value agricultural
products have been expanding much faster
than the trade in the basic primary products
WTO and agriculture agreements
such as cereals. (*Rounds are multilateral
trade negotiations, or "trade rounds",
● The present rules and commitments on
under the auspices of GATT - the Uruguay
agriculture are often called the “Uruguay
Round was the latest and most
Round* reform programme” — they were
extensive.These ronds offer package
negotiated in the Uruguay Round and they
approach to trade negotiations.These
include reductions in subsidies and
roUnds continue until the agenda is not to market price support — farm prices were
fully completed.) administratively raised. Import access
● Agricultural trade remains in many barriers ensured that domestic production
countries an important part of overall could continue to be sold.
economic activity and continues to play a ● In a number of cases, expanding domestic
major role in domestic agricultural production of certain agricultural products
production and employment. The trading not only replaced imports completely but
system also plays a fundamentally resulted in structural surpluses. Export
important role in global food security, for subsidies were increasingly used to dump
example by ensuring that temporary or surpluses onto the world market, thus
protracted food deficits arising from depressing world market prices.
adverse climatic and other conditions can ● On the other hand, this factor, plus the
be met from world markets. effects of overvalued exchange rates, low
food price policies in favor of urban
Trade policies before the WTO consumers and certain other domestic
● Although agriculture has always been measures, reduced in a number of
covered by the GATT, before the WTO there developing countries the incentive for
were several important differences with farmers to increase or even maintain their
respect to the rules that applied to agricultural production levels.
agricultural primary products as opposed to
industrial products. Uruguay Round agriculture negotiations
● The GATT 1947 allowed countries to use
export subsidies on agricultural primary ● In the lead-up to the Uruguay Round
products whereas export subsidies on negotiations, it became increasingly evident
industrial products were prohibited. that the causes of disarray in world
● The GATT rules also allowed countries to agriculture went beyond import access
resort to importing restrictions (e.g. import problems which had been the traditional
quotas) under certain conditions, notably focus of GATT negotiations. To get to the
when these restrictions were necessary to roots of the problems, disciplines with
enforce measures to effectively limit regard to all measures affecting trade in
domestic production. However, in practice, agriculture, including domestic agricultural
many non-tariff border restrictions were policies and the subsidisation of agricultural
applied to imports without any effective exports, were considered to be essential.
counterpart limitations on domestic
production and without maintaining The Agreement on Agriculture
minimum import access. ● The Agreement on Agriculture, (the
● With this objective in mind and to maintain “Agreement”), came into force on 1 January
a certain balance between the development 1995.
of rural and urban incomes, many countries, ● The preamble to the Agreement recognizes
particularly in the developed world, resorted that the agreed long-term objective of the
reform process initiated by the Uruguay ● The Agreement defines in its Annex 1
Round reform programme is to establish a agricultural product by reference to the
fair and market-oriented agricultural trading harmonized system of product classification
system. — the definition covers not only basic
● The reform programme comprises specific agricultural products such as wheat, milk
commitments to reduce support and and live animals but the products derived
protection in the areas of domestic support, from them such as bread, butter and meat,
export subsidies and market access, and as well as all processed agricultural products
through the establishment of strengthened such as chocolate and sausages.
and more operationally effective GATT rules ● The coverage also includes wines, spirits and
and disciplines. tobacco products, fibers such as cotton,
● The Agreement also takes into account non- wool and silk, and raw animal skins destined
trade concerns, including food security and for leather production.
the need to protect the environment, and ● Fish and fish products are not included, nor
provides special and differential treatment are forestry products.
for developing countries, including an
improvement in the opportunities and terms Rules and commitments
of access for agricultural products of ● These rules relate to country-specific
particular export interest to these Members. commitments to improve market access and
reduce trade-distorting subsidies which are
Relationship with other WTO Agreements contained in the individual country
● In principle, all WTO agreements and schedules of the WTO Members and
understandings on trade in goods apply to constitute an integral part of the GATT.
agriculture, including the GATT 1994 and
WTO agreements on such matters as Implementation period
customs valuation, import licensing ● The implementation period for the country-
procedures, pre-shipment inspection, specific commitments is six years
emergency safeguard measures, subsidies commencing in 1995. However, developing
and technical barriers to trade. countries have the flexibility to implement
● However, where there is any conflict their reduction and other specific
between these agreements and the commitments over a period of up to 10
Agreement on Agriculture, the provisions of years.
the Agreement on Agriculture prevail. The
WTO Agreements on Trade in Services and Committee on Agriculture
on Trade-Related Aspects of Intellectual ● The Agreement established a Committee on
Property rights are also applicable to Agriculture. The Committee oversees the
agriculture. implementation of the Agreement on
Agriculture and affords Members the
Product coverage opportunity of consulting on any matter
relating to the implementation of
commitments, including rule-based years. Access opportunities – Minimum

commitments. For this purpose, the access equal to 3% of domestic consumption
Committee usually meets four times per in 1986-88 will have to be established for the
year. Special meetings can be convened if year 1995 rising to 5% at the end of the
necessary. implementation period. This head includes
improving access to markets by removing
trade barriers.
Three pillars of AoA ● Domestic Support-This concerns the policy
● The Agreement on Agriculture consists of support and subsidies given by countries to
three pillars—domestic support, market enhance domestic production. WTO has
access, and export subsidies. classified agricultural subsidies and policies
into different boxes.
Features of WTO Agreement on Agriculture ● Export Subsidies-Here, there are provisions
The provisions of the WTO Agreement on Agriculture related to member countries’ commitments
relate mainly to three broad categories of agriculture to reduce export subsidies. Developed
and trade policy, which are discussed below. countries are mandated to reduce their
● Market Access-This includes:Tariffication – export subsidy volume by 21% and
implies all non-tariff barriers to be abolished expenditure by 36% in 6 years, in equal
and converted to tariffs. Non-tariff barriers installments (from 1986 –1990 levels).
include variable levies, minimum import Developing countries need to reduce export
prices, quotas, state trading measures, subsidy volume by 14% and expenditure by
discretionary licensing, etc. 24% over ten years in equal installments.
● Tariff reduction – Developing countries
were obligated to reduce tariffs by 24% in 10
Green box Amber box Blue Box
● Subsidies that do not, ● Except for those in the blue ● This is the "conditional amber
or generate only and green boxes, all box." Such circumstances are
minor distortions in domestic support intended to reduce distortion.
trade. measures believed to ● Any assistance that would
● They must not include distort production and ordinarily be in the amber box
price support because trade (with some gets moved to the blue box if it
they are government- exceptions) fit into the also requires farmers to reduce
funded. amber box as all domestic their output.
● Environmental supports. ● At the moment, there are no
protection and ● These include price restrictions on how much
regional development support measures as well money can be spent on blue box
subsidies.
programmes are also as direct subsidies tied to

included. production volumes.
● Subsidies in the ● The Amber Box contains a
"green box" are thus category of domestic
unrestricted as long support that is scheduled
as they meet the for reduction based on a
policy-specific formula called the
criteria. “Aggregate Measure of
Support” (AMS).
Special and Differential Treatment (SDT)

● Other than the three boxes, there is also Some important ministerial meets
another box of subsidies that confer special
regarding agriculture agreement
and differential treatment for developing
countries and LDCs. This is also called the
Doha Ministerial meet and ‘Doha Development
Development Box.
Agenda’ – 2001
● Under this, countries are permitted
● The first proposal in Qatar, in 2001, called for
untargeted subsidized food distribution to
the end agreement to commit to substantial
satisfy the requirements of the urban and
improvements in market access; reductions
rural poor.
(and ultimate elimination) of all forms of
● They may also give investment subsidies that
export subsidies (including under Green
are usually available to agriculture and
and blue box); and substantial reductions in
agricultural input subsidies available to low
trade-distorting support.
income and resource-poor farmers.
● The United States is being asked by the EU
● These include purchases for and sales from
and the developing countries, led by Brazil
food security stocks at administered prices
and India, to make a more generous offer for
provided that the subsidy to producers is
reducing trade-distorting domestic support
included in the calculation of the Aggregate
for agriculture.
Measure of Support (AMS).
● The United States is insisting that the EU and
● Under SDT, developing countries may be
the developing countries agree to make
given an exemption from implementing
more substantial reductions in tariffs and to
their reduction commitments at the AoA for
limit the number of import-sensitive and
ten years.
‘special products’ (AoA) that would be
● As of now, LDCs are not required to make
exempt from cuts.
any kind of reduction commitment at the
● Import-sensitive products are of most
AoA.
concern to developed countries like the
● Developed countries are not provided with
European Union while developing countries
the SDT.
are concerned with special products – those
exempt from both tariff cuts and subsidy ● Its focus is now on the Trade Facilitation
reductions because of development, food Agreement which was agreed to in the Bali
security, or livelihood considerations. Meeting.
● Brazil has emphasized reductions in trade- ● Further, they are trying to introduce new
distorting domestic subsidies, especially by issues (including some Singapore issues)
the United States (some of which it such as Government Procurement, E-
successfully challenged in the WTO U.S.- commerce, Investment, Competition policy.
Brazil cotton dispute), while India has ● To this India and other developing countries
insisted on a large number of special took strong objection.
products that would not be exposed to wider ● In the run-up to the Nairobi meeting, a large
market opening. majority of developing countries led by
India, China, South Africa, Indonesia,
Bali Ministerial Meet and ‘Bali Package – Trade Ecuador, and Venezuela prepared the
Facilitation and Peace Clause’ – 2013 ground to ensure that the Doha Round of
● In Bali, Trade facilitation was agreed to by all negotiations was not closed by the two
nations and for adjustments/adaptations to trans-Atlantic trade elephants (USA and EU).
limits under Agreement on Agriculture (de ● They also tabled detailed proposals for a
minimis provisions); a ‘Peace clause’ was permanent solution for public stockholding
agreed at. The peace clause gave countries 4 programmes for food security and a special
years to adjust to the limit and avoid safeguard mechanism (SSM) to protect
sanctions. millions of resource-poor and low-income
● The date for ratification of the Bali farmers from the import surges from
agreement was 31 July 2014, on which India industrialized countries.
declined to ratify unless a ‘permanent ● Again, the two proposals were actively
solution’ is reached. After this, in November, opposed by the US, which led to a sustained
India – US reached an understanding in campaign to ensure that there was neither
which the time limit of 4 years was removed an outcome on continuing DDA negotiations
and in return, Trade Facilitation was agreed nor a deal on SSM and public stockholdings
to by India. for food security.
● Highlights of Nairobi outcomes:There was a
Nairobi Ministerial Meet – 2015 commitment to completely eliminate
● The recently concluded Nairobi meet was a subsidies for farm exports under the
huge disappointment for the developing and decision, developed members have
underdeveloped world. Here, U.S. trade committed to removing export subsidies
Representative unabashedly called Doha immediately, except for a handful of
Development Agenda a dead, outdated and agriculture products, and developing
undesirable course. countries will do so by 2018.
● West is desperately trying to set aside the ● Developing members and the poorest and
development aspect of negotiations, to food-importing countries would enjoy
which it had agreed in Doha. additional time to cut export subsidies.
countries do not need to make any cuts. As

we can note Subsidies were bound to levels
Current issues regarding agriculture agreements of 1986-1988, there was inequality at the
very beginning of the agreement.
Criticism of Agreement on Agriculture ● At that time subsidies which later came
under ‘Amber Box’ were historically high in
● Criticism of Subsidy Boxes-US has exploited western countries. In developing countries,
this opportunity to the fullest by decoupling including India these subsidies were very
subsidies from outputs and as of now green limited.
box subsidies are about 90% of its total ● It is only now under the pressure of Inflation
subsidies. It was easy for the USA because in prices of agricultural Inputs, and wide
it doesn’t have concern for food security. differences between market prices and
Further, it has a prosperous agro-economy, Minimum support Price, subsidies have
and farmers can better respond to markets grown to this level. In effect developed
and shift to other crops. countries are allowed to maintain
● But in India, the domestic support regime substantially higher amounts of trade-
provides livelihood guarantees to farmers distorting subsidies.
and also ensures food security and ● De-Minimis provision-Under this provision
sufficiency. This MSP regime tries to developed countries are allowed to maintain
promote the production of a particular trade-distorting subsidies or ‘Amber box’
crop in demand. And this makes decoupling subsidies to the level of 5% of the total value
Support with output very complicated. of agricultural output. For developing
● The US was also in a position to subsidize countries, this figure was 10%.
R&D expenditure in agriculture as almost all ● So far India’s subsidies are below this limit,
the farming in the US is capitalist and but it is growing consistently. This is because
commercial. Big agriculturists spend a MSPs are always revised upward whereas
substantial amount on technology upgrades Market Prices have fluctuating trends. In
and R&D. recent times when a crash in international
● But in India about 80% of farming is market prices of many crops is seen, the
subsistence and hence, India & other government doesn’t have many options to
developing countries cannot use this reduce MSP drastically. By this
opportunity. analogy,India's amber box subsidies are
● Amber Box – It required member countries likely to cross the 10% level allowed by de
to report their total AMS for the period Minimis provision.
between 1986 and 1988, bind it, and reduce ● Export subsidies-These subsidies are also
it according to an agreed-upon schedule. aligned to 1986-1990 levels, when export
Developed countries agreed to reduce these subsidies by developed countries were
figures by 20% over six years starting in substantially higher and Developing
1995. Developing countries agreed to make countries almost had no export subsidies at
13% cuts over 10 years. Least – developed that time.
● Under the Amber Box, developed countries

What developing countries are demanding? were given the choice of either accepting a
● Recently, while addressing the G-33 Virtual product-specific ceiling of 5 pcentsent, or an
Informal Ministerial Meeting, India’s overall cap. By choosing the latter option,
Commerce and Industry Minister pointed most developed countries have been able to
out the imbalances in the Agreement on better target sops for specific crops.
Agriculture at the World Trade Organization ● Even with low subsidies, India should be
(WTO). worried of breaching the 10% limit on
● He claimed that it was in favor of developed subsidies.
countries and historical asymmetries and ● The developed countries constantly take
imbalances must be corrected to ensure a developing countries to task on policies like
rule-based, fair and equitable order. the Minimum Support Price (MSP) while
● He urged that G33 must strive for positive they continue to support their farmers and
outcomes on a permanent solution to Public also make barriers for trade and market
Stockholding (PSH) for food security entry.
purposes, finalization of a Special Safeguard ● The WTO’s push towards globalization
Mechanism (SSM) quickly and a balanced threatens three dimensions of a sustainable
outcome on Domestic Support. and equitable agricultural policy, namely,
● Opponents of the Agreement say that it ecological security, livelihood security and
reduces tariff protection for small farmers, food security. Globalization will adversely
which is a major income source in affect producers with low or no capital and
developing countries, while at the same investment.
time, it allows rich countries to continue ● India gives only a fraction of the subsidies
subsidizing their farmers. AEs give their farmers, making it difficult for
● Through clever classification of the our farmers to compete. But AE subsidies are
subsidies into trade-distorting (amber box) mostly under the Green box, which is
and non-trade distorting (green box), permitted. These include government
developed countries manage to heavily services such as infrastructure, Direct
subsidize agriculture in their countries Benefit Transfers (DBT) for restructuring and
while targeting developing countries food security, which does not distort trade
including India of indulging in trade- or involve price support.
distorting practices. ● Ngozi Okonjo-Iweala-Massive agriculture
● A collaborative India-China study has shown subsidies, especially those used in rich
that developed countries such as the United countries, continue to distort global trade
States, Canada and countries of the EU give and create unfair competition for farmers in
out several times higher subsidies to their poor countries
farmers than the rest of the world.
● Developed countries continue to provide
trade-distorting subsidies without
attracting any penalties under the WTO.
World Trade Organization's (WTO) ● According to a WTO summary of the panel’s

key findings, “the threshold issue…was
decision on the matter of sugar export
whether ‘market price support’ within the
subsidies provided by India meaning of the Agreement on Agriculture
only exists when the government pays for or
What is the issue? procures the relevant agricultural product.”
● Australia, Brazil and Guatemala had taken ● While India argued that its “mandatory
India to the dispute settlement panel over minimum prices are not paid by the central
disagreements over India’s continuing or state governments but by sugar mills, and
extensive domestic support to the sugar and hence do not constitute market price
sugarcane industry. The countries had stated support”, the panel rejected this argument
in 2019, that India’s support to domestic — saying “market price support does not
products was more likely to exceed the limit require governments to purchase or procure
that was set by the global trade body and the relevant agricultural product”
that India’s export subsidies to sugar mills ● According to the Union Ministry of
were also prohibited. Commerce and Industry, the findings of the
● The report from the dispute settlement body panel were “completely unacceptable” to
found that India’s subsidies to sugarcane India.“The Panel has also evaded key issues
producers exceeded limit as set by the WTO which it was obliged to determine. Similarly,
under the Articles on Agriculture (AoA), the Panel’s findings on alleged export
between 2014-15 and 2018-19. subsidies undermines logic and rationale.”
● Additionally, India was found to be in
contravention of the SCM Agreement and Way forward
other articles within the AoA, through its ● As a remedy, to comply with the WTO
various export schemes and subsidies for subsidy reduction commitment for primary
sugar mills like the Production Assistance, agricultural products, India can give ethanol
the Buffer Stock, and the Marketing and (a by-product of sugar cane) production
Transportation Schemes. subsidy under the “green box” as a clean
● The panel asked it to “withdraw its alternative fuel that can be labeled as an air
prohibited subsidies under the Production pollution control measure without any
Assistance, the Buffer Stock, and the reduction commitments at the WTO.
Marketing and Transportation Schemes ● To protect the Indian farmers, the MSP
within 120 days from the adoption of [the] (amber box measure) can be replaced with
report”. financial assistance to farmers decoupled
● India's stand-India said that the from current farm production and targeted
“complainants have failed to meet their educational workshops for improved
burden of showing” that India’s market price farming techniques/practices (green box
support for sugarcane and its various measure) to comply with the WTO rules.
schemes violate the Agreement on
Agriculture.
India on trade-distorting subsidies violating WTO commitments under the

Uruguay Round.
(Focus-what are the concerns of India, what has ● While the Indian Delegation to the WTO
been demanded and how the issue has been claimed that India did not need WTO’s
approached) permission to expand their food security
● Food and livelihood security, particularly program, it began pushing hard either to
India’s public stockholding programme and relax rules on subsidies to farmers in the
MSP, have been hotly debated at the WTO WTO Agreement on Agriculture or for a
between the developed and developing permanent waiver of the 10% subsidy limit.
blocs. The US and Canada have been
opponents of India’s food security and India’s Stand
domestic support programmes and had ● India faces huge food-security challenges. It
submitted counter-notification action at the is home to 1/4 of all undernourished people
WTO in 2018 alleging that India worldwide. India demanded a broad
“substantially underreported its market exemption for public stockholding programs
price support” for five types of pulses. from the definition of trade-distorting
● India, both an agricultural powerhouse and a support. Specifically, it wants to move these
country that struggles to feed its own rapidly programs to the green box, even when they
growing population, faces particularly employ administered procurement prices
complex challenges in achieving this that clearly have the potential to be trade-
balance. Recently it was believed that India distorting.
and a handful of other developing countries ● India claims that the exemption from any
were likely to exceed or had already legal challenge would last until a permanent
exceeded the 10% subsidy threshold in solution is found to the food security
2013. concerns of developing countries; whereas
● Instead of reforming their food assistance other WTO members want the exemption
programs, the G-33 group of developing from a legal challenge to be good until the
countries under the leadership of India WTO Ministerial meeting in 2017.
submitted a proposal in late 2012 to exempt ● India agreed to phase out its agriculture
developing countries’ food security export subsidies (including flexibilities
programs from the 10% threshold enshrined allowed in transport and marketing) by
in the WTO Agreement on Agriculture. 2023, at the WTO’s ministerial meeting in
● Indian Parliament in September 2013 passed Nairobi.
the food security law guaranteeing access to ● It, however, did not agree to a demand
staple foods at subsidized rates to a two- from developed members such as the EU
thirds third of India’s population. This meant and the US that emerging economies like
nearly doubling the size of its massive food India, China and Brazil not be extended
acquisition and stockholding program at an special and differential treatment (more
annual cost of about $19 billion, potentially favorable treatment than developed
countries) so far given to all developing AMS is supported by the 47 member G-33
countries. coalition.
● India also did not agree to the ● Another issue that goes against the
discontinuation of the Doha round and developing countries is the methodology
introduction of new issues that most adopted by the WTO for de minimis that is
developed nations, especially the US and tied to the 1986–88 prices as well as the
the EU, have been pressing for. quantity of subsidy tied to the 1986–90
● India has, however, consistently defended levels. In 1986, the economic growth was
its position on this issue and emphasized primitive, low, and without subsidies in
the need to prioritize the food and India and other developing countries;
livelihood security of its population. A joint hence, providing that level will hamper our
proposal by China and India at the WTO development in the present.
highlighted the vast difference in the value
of subsidies granted by developed What has been achieved
economies like the US, EU, and Canada, and ● In Dec 2013 at the Bali summit, deadlock in
those granted by developing economies. WTO negotiations was resolved with a
● Developed countries have more than 90% of temporary arrangement known as ‘Peace
global AMS [Aggregate Measure of Support] Clause.’ The ‘peace clause’ said that no
entitlements amounting to nearly 160 billion country would be legally barred from food
USD”. Proponents have argued that security programs even if the subsidy
“elimination of AMS should be the starting breached the limits specified in the WTO
point for reforms rather than seeking agreement on agriculture. This ‘peace
reduction of subsidies by developing clause’ was expected to be in force for four
countries, some of which provide a years until 2017, by which time the
subsistence amount of about USD 260 per protagonists hoped to find a permanent
farmer per annum [in India] compared to solution to the problem.
over 100 times more in some developed ● The outcomes of the WTO’s Nairobi meet
countries”. include ministerial decisions on agriculture
● A more effective and lasting way of ensuring covering a Special Safeguard Mechanism
food and livelihood security of the most for developing countries (to counter import
vulnerable and promoting sustainable surges of farm items) and public
agriculture trade would be by agreeing to stockholding for food security purposes. It
eliminate the historic asymmetries in AMS also includes a commitment to abolish
entitlements in the Agreement on export subsidies for farm exports and
Agriculture and addressing growing hunger measures related to cotton.
through effective food security ● Developing countries including India want a
programmes”. India’s ‘support-per-farmer’ clear outcome to the pending Doha Round
approach to agricultural subsidies and issues like commitments to cut farm
leveling the playing field by eliminating subsidies by the rich nations.
● Developed nations led by the US and ● There is little doubt that subsidies and
European Union on the other hand, want support to agriculture should be controlled
the WTO to discuss new issues like and better targeted. WTO negotiations also
investments, e-commerce and government claim to work towards this direction, but
procurement. inherent conflicting and vested interests of a
few countries are too influential in WTO.
● Every country has different requirements
Way forward and different product mix, so enough
● First, at the WTO, India should unequivocally flexibility is must in any agreement. Further,
resist requests for concessions that are the right to food is a global movement and is
beyond the negotiating mandate. The guaranteed by numerous UN conventions.
government would need to replicate the So, ensuring food security is a domestic
resolve and firmness shown by it last year concern of a nation and the international
during the impasse on trade facilitation and community can only advise and not coerce
food security issues. any nation on the matter.
● However, India could indicate its willingness ● Thus, India has to make its expenditure
to show movement within the confines of much more effective, with dynamic policy
the mandate, provided the developed and resist any outside pressure which is
countries are willing to reciprocate by misdirected towards negative results for
cutting their farm subsidies and addressing Indian people.
issues of food security and farm livelihood.
● India should also actively galvanize support
from other developing countries for The issue over China's Status being a
ensuring that the Doha Round is not
‘developing’ country
concluded without the developed countries
making meaningful cuts in their farm
● Recently, China got the ‘developing country’
support. It should also seek simplification in
status at the World Trade Organization (WT
the tariff structure of the European Union,
O). It has become a contentious issue with a
which is extremely complex and impedes
number of countries raising concerns against
farm exports of developing countries.
the decision.
● Second, the Department of Commerce and
● The WTO has not defined ‘developed’ and
the Ministry of External Affairs should work
‘developing’ countries and therefore
closely to clearly articulate India’s
member countries are free to announce
negotiating approach to the officials of its
whether they are ‘developed’ or
key trade partners. In the past, at crucial
‘developing’.However, other members can
stages in the negotiations, considerable
challenge the decision of a member to make
misinformation was circulated and an
use of provisions available to developing
impression created that India was being rigid
countries.164 members classify themselves
and difficult in the negotiations. India was
as developing.
also wrongly projected as being isolated.
● As WTO members can declare themselves capita income of $4,096 to $12,695. China’s
developing nations, this provides an per capita income in 2020 was estimated at
advantage to nations like China to expand $10,435, vis-à-vis $63,413 for the US and
their dominance in global trade even while $1,928 for India, which falls under the low
classifying themselves as developing and middle-income category.
thereby obtaining Special and Differentiated ● Moreover, concerns have been raised over
Treatment (S&DT). the Least-Developed Country (LDC), with
● China’s Case:Given the rise in China’s per Bangladesh potentially losing this tag after
capita income to become an upper-middle- surpassing India in terms of GDP per capita.
income home country according to the ● Benefits of Developing Country
World Bank and the country’s alleged use of Status:Certain WTO agreements give
unfair trade practises , a number of nations developing countries special rights through
have called on China to either refrain from S&T provisions, which can grant developing
seeking benefits available to developing countries longer timeframes to implement
countries or forgo its classification as a the agreements and even commitments to
developing country altogether. raise trading opportunities for such
● Some of China’s unfair trade practises countries.
include preferential treatment for state ● S&DT allows developing and poor countries
enterprises, data restrictions and certain benefits, including longer transition
inadequate enforcement of intellectual periods for implementing commitments.
property rights. Prima facie, it does appear ● It also provides measures to increase trading
anomalous that the world’s second-largest opportunities for developing countries,
economy—which accounted for a quarter of provisions requiring all WTO members to
global Gross Domestic Product (GDP) growth safeguard the trade interests of developing
in 2021—considers itself as the largest countries, support to help developing
developing country. countries build the capacity to carry out
● Concerns Raised:China’s status as a WTO work, handle disputes, and implement
‘developing country’ at the WTO has technical standards, and provisions related
become a contentious issue with a number to LDC Members.
of countries raising concerns over upper ● WTO pacts are often aimed at reduction in
middle-income nations deriving benefits government support to certain industries
reserved for developing countries under over time and set more lenient targets for
WTO norms. developing nations and grant them more
● What is India'stand-Countries such as India, time to achieve these targets compared to
the US, Australia and the EU are citing World developed ones. The classification also
Bank data to point out that China’s per allows other countries to offer preferential
capita income has risen enough for it to be treatment.
termed an upper-middle-income country. ● China’s Stand:China has consistently
Per World Bank classification, an upper- maintained that it is the “world’s largest
middle-income country is one with a per developing economy” but has recently
indicated that it may be willing to forego to developing countries in negotiations

many benefits of being a developing country aimed at cutting fishing subsidies to curb
and also has reportedly informed that the overfishing.
country may forgo all exemptions available
The Global Politics of Climate Change: Divided Camps

and Mindsets
The politics of climate change nothing short of coordinated national and

● Climate action requires political action international action can be effective.
simply because, without political action, the ● As the logic behind the CoP15 Paris
scale of the challenge as well as the time Agreement understood, in a world
within which this action must be achieved structured by a system of states, the state
cannot be met. If the shutting down of the remains, in relation with other states, the
global economy during the first 4 months of effective focus for these national and
COVID-19 led to an 8 percent decrease in international acts of coordination.
carbon emissions, and this decrease is
required yearly for the next 10 years, The North-South Divide on Climate change
Negotiations
● At their core, climate negotiations continue climate change (including the costs of
to be shaped by equity concerns between emissions mitigation, adaptation, and other
post industrial countries in the Global North impacts and risks). Most human-driven GHG
and emerging economies in the Global emissions in the atmosphere are from
South. economic activities performed in or for
● The debate is largely over which countries affluent countries. Yet a more significant
have contributed most to greenhouse gas burden of the impacts of climate change is
(GHG) emissions and how the costs of carried by poorer nations weathering
mitigating and adapting to climate change climate-induced environmental shocks.
should be shared. ● A further dividing line in climate negotiations
● Industrialised and post-industrialized is a result of the contrast between past
nations are responsible for a great share of emissions and future emissions. While
the historical carbon dioxide (CO2) industrialized and post-industrialized
emissions in the atmosphere today. The countries in the Global North are responsible
United States has emitted more carbon than for the majority of past emissions, these
any other country to date and is responsible countries led by the EU are implementing
for 25 per cent historical emissions. Next in policies to reduce their GHG emissions. At
line are the twenty-seven countries of the the same time, the emissions of most
EU (plus the UK), which are responsible for developing nations (particularly China)
22 per cent of global CO2 emissions. remain on an upward trajectory.
● Meanwhile, China’s historical contributions ● This second group of countries will not reach
are estimated to be around 12.7 percent.By peak emissions for another decade at least.
contrast, India (3 percent) and Brazil (0.9 per As a result, developing countries share the
cent) have not been large contributors to responsibility for reducing future emissions.
global emissions in a historical sense. These juxtaposed trends also create issues of
Similarly, the contributions of African generational justice.
countries,relative to the continent’s ● These differences coupled with the
population size, has also been very small. immediacy of the effects of climate change
● In addition, the Global North continues to also shape the diplomatic groups engaging in
have much higher per capita emissions than multilateral climate negotiations.
much of the world even today. ● Although all uphold the principle that
● Hydrocarbon-based economies like Russia developed and developing countries have
and members of the Gulf Cooperation different responsibilities for mitigating
Council in the Persian Gulf like Kuwait, Qatar, carbon emissions, as established at the 1992
Saudi Arabia, and the United Arab Emirates Rio de Janeiro Earth Summit, the four
also rank quite high, some of them even countries in the BASIC grouping split when
higher than countries in the Global North. Brazil and South Africa accepted greater
● Equity concerns essentially stem from the responsibility than India and China.
asymmetry between countries’ emissions ● Yet the equity principle in the global debate
and their respective burdens to respond to over adjustments to climate change still
leads to several important, commonly held contributions to the problem of climate

policy positions among developing countries change are minimal and that developed
on mitigating GHG emissions, adapting to countries, therefore,bear more
climate change, and financing the climate responsibility for working to mitigate its
transition.(Sinan Ülgen) effects and otherwise help developing
● These differences coupled with the countries adapt with financing, technology,
immediacy of the effects of climate change and other resources.
also shape the diplomatic groups engaging in ● Meanwhile, African countries have
multilateral climate negotiations. emphasized their need to be free to pursue
● Subgroups among countries in the Global economic development at least to some
South and issue-based coalitions of degree through new and existing deposits of
countries in the Global North and South have fossil fuels. These countries firmly believe
emerged as one basis of common concerns. that it is unjust for immediate and severe
● Less developed economies and small island mitigating targets to be erected without any
nations, which are already facing the form of compensation or financial aid. The
existential threat of climate change, are African continent has plenty of fossil fuels,
demanding immediate answers from post- but the global shift away from hydrocarbons
industrialized and developing countries may cause further economic losses.
alike. ● China has also backed the position of
● Developing countries generally expect developing countries writ large, emphasizing
industrialised nations to lead efforts to the historical responsibilities of post-
reduce GHG emissions. In multilateral industrialized nations.
climate negotiations, India articulated the ● Also, developing countries insist on the
basic positions on climate change held by recognition of the UN-enshrined principles
many emerging economies on the respective of “common but differentiated
roles of developed and developing responsibilities' ' and “respective
countries. capabilities' ' between post industrial and
● As Sandeep Sengupta has put it: First, the developing countries for reducing GHG
primary responsibility for reducing emissions. This claim takes into account
greenhouse gas (GHG) emissions rested differences in countries’ historical
with the developed world. Second, the contributions to global emissions as well as
emissions of developing countries were still developing countriess’ need to have flexible
very low and needed to grow to meet their policy options for spurring economic
future development [needs]. Third, any development.
formal agreement on climate change is ● Loss and Damage-A number of climate-
needed to provide for technology transfer vulnerable countries advocated for COP26 to
and funds for developing countries to help create a new finance facility dedicated to
them address this challenge. loss and damage, but that faced pushback by
● Latin American countries have also regularly developed nations such as the United States.
emphasized that their historical Instead, countries landed on creating a new
dialogue dedicated to discussing possible Paris Agreement under the United Nations
arrangements for loss and damage funding. Framework Convention on Climate Change
While this is grossly insufficient, it does offer (UNFCCC).
space to develop concrete solutions that can ● As part of the South-South Cooperation
lead to more progress on financing in the Action Plan adopted by United Nations
years ahead — which is a first for the COP principles as a substantive pillar to support
discussions. the implementation of the Secretary-
General’s Climate Change Engagement
South-South cooperation and climate change Strategy, UNOSSC has developed a series of
politics initiatives highlighting the importance of
● Developing countries suffer from a sharing knowledge, best practices and
significant gap in terms of scientific research experiences voluntarily is, in the
related to climate change, a new study implementation of the 2030 Agenda.
shows, even though they contain the ● International solar alliance India has been
communities and people most vulnerable to leading the world in its pursuit of enhanced
extreme weather, rising sea levels and other solar energy capacity through the
serious impacts of climate change. International Solar Alliance.
● Southern populations, including those in the ● BioInnovate Africa is developing a gel fuel
least developed countries (LDCs), landlocked from local organic fruit waste as an
developing countries (LLDCs) and small affordable and low-carbon emission
island developing States (SIDS), have been alternative to firewood and charcoal.
those most intensely affected by a changing ● In Latin America, Santiago´s resilience office
climate. in Chile is working with its Mexico City
● EbA-Funded by the Global Environment counterpart to prepare risk maps for their
Facility, a project worked with communities respective communities.
i.e. Seychelles – along with Mauritania and
Nepal – to use nature to adapt to the impacts How can South-South cooperation be increased?
of climate change, a strategy termed ● Achieving the 2030 Agenda for Sustainable
ecosystem-based adaptation (EbA). Development and related frameworks such
● EbA South is seen as a flagship initiative for as the Paris Agreement on climate change
South-South cooperation – enabling an will require engagement from all
exchange between countries in the Global stakeholders, at all levels and in all countries,
South in the form of technology transfer, leveraging their diverse and unique
capacity-building, policy support or advantages.
fundraising. ● Scaling up South-South and triangular
● South-South and triangular cooperation is cooperation, as a complement to North-
seen as a means by which developing South cooperation, is vital for impactful
countries can voluntarily assist each other in climate action.
undertaking their climate change actions, in ● Climate change is the defining challenge of
the context of the implementation of the our time. At stake are recent gains in the
fights against poverty, hunger and disease, and coordinating the implementation of the
and the lives and livelihoods of millions of South-South Cooperation Action Plan of the
people in the global South. UN Secretary-General’s Climate Change
● “We need more concrete plans, more Engagement Strategy.
ambition from more countries and more ● In this context, UNOSSC has created the
businesses,” UN Secretary-General António South-South Galaxy global knowledge-
Guterres said during the 2019 Climate Action sharing and partnership-brokering
Summit in September. “We need all financial platform, enabling the sharing of
institutions, public and private, to choose, homegrown, contextually appropriate
once and for all, the green economy.”The solutions in the spirit of mutual respect and
Secretary-General emphasized that cross understanding.
cutting South-South collaboration is central
to implementing the Paris Agreement. South Asia and climate change politics
● Southern populations, including those in the
least developed countries (LDCs), landlocked
Initiatives by South Asia
developing countries (LLDCs) and small
● SAARC commissioned a study on the
island developing States (SIDS), have been
Protection and Preservation of the
those most intensely affected by a changing
Environment and the Causes and
climate. As such, adaptation and mitigation
Consequences of Natural Disasters, which
are not new practices in the South.
was finalized in 1991.
● For example, the International Bamboo and
● The Technical Committee on Environment,
Rattan Organization, working together with
established in 1992, was subsequently
China and the Netherlands, is fostering the
tasked with identifying measures for
industrial use of low-emission climate-
immediate action and deciding modalities
resilient bamboo in Ethiopia, Kenya and
for implementation.
Uganda.
● Creation of the SAARC Disaster
● Increasingly, the countries of the South are
Management Center (SDMC) in October
looking to the UN system for support to
2006, to advise policy and facilitate capacity
expand and capitalize on the potential of
building.
their successes. Over 20 UN entities,
● Three-year SAARC Action Plan on Climate
including the UN Office for South-South
Change in 2008, which identifies seven
Cooperation (UNOSSC), are collaborating
thematic areas of cooperation, among which
with China to ensure the sustainability and
adaptation, mitigation, and management of
the “greening” of the Belt and Road Initiative
impacts and risk deal with climate change-
(BRI).
related security risks.
● The India-UN Development Partnership
● In 2011 SAARC member states agreed to
Fund, among 40+ projects, is supporting
establish a SAARC Seed Bank, however, it is
seven Pacific Island countries to develop
dysfunctional and has only been ratified by
climate early warning systems, together with
five countries.
relevant UN counterparts. UNOSSC is leading
● Despite a significant number of declarations

Evaluation of efforts to combat climate change and its security
● Countries have so far failed to harness the risks, many policies are still not operational,
potential of pre-existing attempts to foster and others are yet to be ratified.
regional cooperation. Frameworks such as
the South Asian Association for Regional Suhasini Haider
Cooperation (SAARC) are failing to deliver, ● The absence of a South Asian initiative on
and cross-border tensions are holding back climate change led by India, accrues to a
progress in environmental policy and number of obvious reasons: India-Pakistan
scientific research. tensions that have led to the degradation of
● The combined disruptive forces of climate the South Asian Association for Regional
change and the global public health crisis Cooperation (SAARC) process, especially
have created a unique opportunity to focus since 2014, when the last SAARC summit was
on a green recovery and accelerate the held; events in Afghanistan and the Taliban
transition to more sustainable systems. takeover which will bring it closer to its
● The conflict-ridden trajectory of the Central Asian rather than South Asian
relationship between the two largest neighbours; the differences over pollution
countries, India and Pakistan of South Asia issues within the Bangladesh-Bhutan-India-
is the biggest impediment in making Nepal (BBIN) grouping that has held up its
meaningful progress on addressing the issue initiatives like the common Motor Vehicle
of climate change in the region. Agreement (due mainly to Bhutan’s
● The arbitrary nature of national borders opposition); and slow movement amongst
makes climate change hard to manage. They the Bay of Bengal Initiative for Multi-
are determined by politics and often Sectoral Technical and Economic
completely neglect ecological boundaries Cooperation (BIMSTEC) countries along the
and planetary systems. Bay of Bengal that have yet to bring about a
● Today, impacts are felt across hard borders: common charter at the global level despite
melting glaciers are changing the hydrology adding climate change as an area of
of the entire Hindu Kush Himalayan region cooperation a decade ago.
and its eight countries; erratic monsoons risk ● While India and other countries in the region
driving drought in some parts of India and access global banks, including the BRICS-led
devastating floods in others. The rigid New Development Bank (NDB), the Beijing-
borders of South Asia, so hastily defined in based Asian Infrastructure Investment
the middle of the last century, are unsuited Bank, and Asian Development Bank for
to the problems of the 21st. projects individually, there is no single South
● SAARC does not provide climate-related Asian entity the banks could work with for a
financing, thus most of the climate-related more targeted focus and more concessional
projects are implemented at a national level financing for the problem that faces the
through various funds within the UNFCCC region.
framework.
Sanjay Vashisht: South Asian cooperation on these issues can

● “The biggest challenge on one side is the race lead to win-win outcomes that benefit
to reduce dependence on fossil fuels. We fell everyone, and that will allow leaders to stake
back on mining more fossil fuels. Ideally what political capital on their success.”
it should have been was how to phase out
fossil fuels and phase in renewable energy. If Way forward
there can be partnerships between countries
on gas pipelines from the Middle East […] Suhasini Haider
why can’t there be a partnership on a ● According to the World Bank’s newly
renewable energy regional grid? These are launched South Asia road map, climate-
the aspirations of civil society in South Asia.” smart investment opportunities in South Asia
● “Another threat is climate-induced total a whopping $3.4 trillion, with “energy-
migration. People are losing livelihoods, they efficient green buildings” alone representing
are losing lives. Frequent disasters, extreme an investment potential of more than $1.5
disasters, one after the other. It’s one punch trillion. Green transport connectivity and
after another punch […] Certainly as South infrastructure, electric vehicles could
Asia we need to come together to make sure represent another $950 billion in investment
there is legal protection. First, address the opportunities by 2030.
situation in-situ, make sure livelihoods are ● When it comes to climate change, there is a
sustainable, then if that is still unlivable, then chance to turn this trend, and for India, the
better to respond at the destination level largest country in the region sharing the
also. most boundaries with other South Asian
neighbors, to lead the way to find holistic
Ken O’Flaherty: solutions: accessing funding, tapping the
● “My key message would be that cooperation latest climate adaptation technology, and
delivers results. We have to demonstrate finding cross-border markets for renewable
through good research and analysis that energy networks.
CHALLENGES AND ISSUES OF FISCAL FEDERALISM

government. It has within its ambit the
imposition of taxes as well as the division of
different taxes between the Center and the
constituent units.
Evolution of Fiscal Federalism in India
● The Government of India Act 1919 and 1935

● India has a complex system of formalized the tenets of fiscal federalism
intergovernmental fiscal relations. This and revenue sharing between the Centre
complexity has its roots in a number of and the states.
factors, including substantial ethnic, social, ● The Government of India Act, 1935,
and economic disparities among regions, as established a federal system with provinces
well as the long-Standing vertical imbalance and Indian states as two distinct units. Under
between the expenditure and revenue- the act, legislative powers were distributed
raising responsibilities of the state under three lists: the Federal List, the
governments. This imbalance is in part Provincial List and the Concurrent List. This
covered by revenue-sharing arrangements. act made the revenues and finances of the
● States also receive a variety of grants from provincial government distinct from those of
the centre, but even then states run deficits. the federal government. The act also
● Despite the formal absence of independent provided for the collection and retention of
borrowing powers, states borrow both from levies by the federal government and spelt
the central government and state-owned out details for the distribution of financial
commercial banks, with attendant resources and grants-in-aid to provinces.
macroeconomic risks.
● For these reasons, and because of the clear
trends toward structural transformation of
the economy—away from central
planning—and increased claims of the states
for fiscal autonomy, a comprehensive
reform of center-state fiscal relations is
needed.
● Fiscal Federalism deals with the division of
financial powers as well as the functions
between multiple levels of the federal
CHALLENGES OF IMBALANCE IN FISCAL central government has a far greater domain

of taxation (e.g., income taxes personal or
FEDERALISM
corporate, taxing consumption of goods and
services (CGST), taxing foreign transactions,
Vijay Kelkar
etc).
● The Central Government collects around 60%
Horizontal imbalances-
of the total taxes, while its expenditure
● Replacing the Planning Commission (which
responsibility (for carrying out its
was mandated to give grants to the states as
constitutionally mandated responsibility
conditional transfers using the Gadgil-
such as defense, etc.) is only 40% of the total
Mukherjee formula) with NITI Aayog
public expenditure.
(Government think tank with no resources
● Such vertical imbalances are even sharper in
to dispense) has reduced the policy outreach
the case of the third tier consisting of elected
of government by relying only on a single
local bodies and panchayats.
instrument of fiscal federalism i.e. Finance
commission.
● This approach if not reviewed can lead to a
To eliminate the imbalances horizontally
serious problem of increasing regional and
sub-regional inequities. The horizontal and vertically India's Fiscal Federalism
imbalances arise because of differing levels has to be restructured around the four
of attainment by the states due to pillars:
differential growth rates and their 1. Finance Commission
developmental status in terms of the state 2. NITI Aayog,
of social or infrastructure capital. 3. GST
● Horizontal imbalances involve two types of
4. Decentralisation
imbalances: Type I is to do with the adequate
provision of basic public goods and services.
Role of the Finance Commission in
Type II is due to growth accelerating
infrastructure or the transformational India’s Federal architecture:
capital deficits. ● The Finance Commission has an important
role to play in India’s overall federal
Vertical imbalance architecture. In fact, it is older than the
● Vertical imbalance arises due to the fiscal Constitution of India.
asymmetry in powers of taxation vested with ● Article 280 of the Constitution says the
the different levels of government in relation Finance Commission was formed to define
to their expenditure responsibilities the financial relations between the central
prescribed by the constitution. government of India and the individual state
● In India’s fiscal federalism (three levels of governments.
Governments: Central Government, State ● The Finance Commission broadly assesses
Governments and the elected Local Bodies) the overall gross tax revenues of the Union:
cesses, surcharges and non-tax revenue are
netted out from gross tax revenue to arrive Fifteenth Finance Commission:
at the net divisible pool (NDP).
Recommendations
● Following a constitutional amendment in
2000, the divisible pool now consists of all
Vertical and horizontal devolution
taxes of the union and not merely income
● Vertical devolution-It is also known as the
tax and excise duty.
devolution of the taxes of the Union to
● Thus, in deciding the distribution of the
States. For the period of 2021-26, the share
corpus contained in the net divisible pool,
of states is recommended to be 41% in the
the Finance Commission undertakes
central taxes which is the same as that of
consultations and visits all state
2020-2021. However, this is less than the
governments, and receives their
14th Finance Commission share which was
memorandums/submissions as well as those
42%. The Commission has said that the
of the union government.
grants from Central resources to the states
● Bearing in mind the needs of the central and
were reduced because they have to adjust
state governments, the Commission then
that 1% for the newly formed union
decides on what percentage out of the net
territories of Jammu Kashmir and Ladakh. It
divisible pool should be assigned to the
was done to maintain stability among the
subnational governments and thereby,
resources during this pandemic.
leaves the balance to the central
● Horizontal devolution- It is also termed as
government.
allocation between the states. The
● As far as the interstate allocation of
horizontal devolution is categorized into
resources among the subnational
various heads for different areas and the
governments is concerned, the Finance
weightage is given accordingly.
Commission decides on the parameters and
then assigns weights to them. Over time, the
The criteria are given as follows:
parameters have remained constant,
Maximum weightage is given to the income factor
namely population, income distance,
which is 45% of the share, next is given to
geographic area and fiscal compliance. The
population and area which is 15% for each, next
weightages to be assigned to these
head is of demographic performance which is given
individual factors have also been
a share of 12.5%, next 10% share is given to forest
circumscribed by past legacy, but each
and ecology and at last 2.5% to tax and fiscal affairs
Finance Commission has faced its unique
and this all heads combine of 100%. This is how the
challenges.
share is allotted between the states.
Criteria 14th FC (2015-20) 15th FC (2021-26)

(percentage) (percentage)
Income 50 45
Area 15 15
Population (2011) 10 15
Population(1971) 17.5 –
Demographic Performance – 12.5
Forest and Ecology – 10
Forest Cover 7.5 –
Tax and Fiscal – 2.5
100 100
Grants to be provided from Center’s resources. lakh crore to 17 states to eliminate the
Following are the grants mentioned which will be revenue deficit.
provided from Center’s resources: ● State-specific grants- States will get a grant
● Revenue deficit grants- The 15th Finance of Rs 1.3 lakh crore for 8 sectors which are
Commission will provide an amount of Rs 2.9 health, school education, higher education,
implementation of agricultural reforms,

maintenance of PMGSY roads, judiciary, If the state on the recommendation does

statics, and aspirational districts and blocks. not constitute a State Finance Commission
Also, the commission has kept a portion for then no grants will be given to local bodies
the performance-linked incentives in the after March 2024.
grant. ● Disaster risk management -Disaster
● A state-specific grant of Rs 49,599 crore is management will have a total of Rs 1.6 lakh
recommended by the commission and it crores of funds in which the Centre’s share
should be given in the areas of social need, will be Rs 1.2 lakh crore. The Commission
administrative governments, infrastructure, also recommended that the fund should be
water, and sanitation, preservation of divided in the existing pattern, that is the
cultural-historical monuments, high-cost Centre to state ratio for the north-eastern
physical instruction structure, and tourism. A and Himalayan states will be 90:10 and for
high-level committee should be established the other states, it will be 75:25.
to review and monitor how the state-specific ● Defense and internal security- The
grounds are utilized as recommended by the Modernisation Fund for Defense and
Commission. Internal Security (MFDIS) would be
● Grants to local bodies-The total grant established as a special non-lapsable fund to
provided for local bodies is Rs 4.36 lakh crore fill the gap between budgetary requirements
which is divided into various categories of and capital spending in defense and internal
the local bodies like 2.4 lakh crore for rural security. Over the next five years, the fund is
local bodies, 1.2 lakh crore to urban local expected to have a corpus of Rs 2.4 lakh
bodies, and 70 thousand crores for health crore (2021-26). From the Consolidated
grants from local governments. The health Fund of India, Rs 1.5 lakh crore would be
grants will also be provided to convert rural transferred. The remaining funds will come
centers and primary health care centers to from actions like disinvestment in defense
health and wellness centers which will also public sector businesses and the
support diagnostic infrastructure. monetisation of defense lands.
● The grants to local bodies will be distributed ● Performance initiatives and grants- The
based on the population and area of the 15th Finance Commission has
states with a 9:1 ratio respectively; these recommended a grant of Rs 4,800 crores for
grants are other than the health grants. The the states to enhance educational
commission has fixed some conditions for outcomes, Rs 6,143 crores for online
availing these grants. The entry-level criteria learning and development of professional
include courses, and Rs 45,000 crores to get at
(i) the publication of preliminary and performance-based initiative for all the
audited accounts in the public domain carrying out agriculture.
(ii) the establishment of minimum property ● Recommendations for the health sector-
tax floor rates by states, as well as ✔ The 15th Finance Commission has
improvements in property tax collection. recommended states increase their

spending on health and make it more than ● NITI Aayog has been constituted to actualise
8% of their whole budget by the year 2022. the important goal of cooperative federalism
✔ The primary healthcare expenditure should and to enable good governance in India.
be two-third of the total health expenditure ● On the premise that strong states make a
by 2022, making it easy for the states to strong nation, NITI Aayog acts as the
adapt and innovate the centrally-sponsored quintessential platform for the Government
schemes. of India by bringing States together as ‘Team
✔ All Indian Medical and Health Services India’ to work towards the national
should be established. development agenda.
✔ A total grant of Rs 1,06,606 crore which is
10.3% of the total grant will support the To what extent NITI Aayog has succeeded in
health sector. increasing cooperative federalism?
● In view of this, a number of steps have been
taken by NITI Aayog to foster cooperative
federalism through structured support
initiatives and engagement with the
NITI AAYOG AND FISCAL FEDERALISM States/UTs on a continuous basis.
● These include meetings between the Prime
● The erstwhile Planning Commission was Minister/Cabinet Ministers and all Chief
abolished in the spirit of cooperative Ministers; subgroups of Chief Ministers on
federalism and a new think tank ‘Niti Aayog’ subjects of national importance; sharing of
was created to facilitate grass root planning best practices; policy support and capacity
and help the government in policy making. development of State/UT functionaries.
● By its very design, NITI Aayog has differed ● NITI Aayog has been providing relevant
from its predecessor — the Planning technical advice to the Centre, States and
Commission. The former does not have UTs. NITI has also established models and
powers to allocate funds, but could only programmes for the development of
make recommendations to the government. infrastructure and to reignite and establish
● Funding is the sole purview of the finance private-public partnership, such as the
ministry, unlike with the Planning Centre-state partnership model
Commission, which could also allocate Development Support Services to States
funds. and Union Territories (DSSS); and the
● Secondly, it couldn’t impose policies for Sustainable Action for Transforming Human
state governments to follow, again Capital (SATH) programme.
something where the Planning Commission ● One of the biggest achievements of the
had a strong say. Aayog with regard to states has been its
Aspirational Districts Programme, started in
The vision of NITI Aayog 2018, which seeks to transform 115 districts
with the least progress, across 28 states,
along certain development parameters like

health and nutrition, education, agriculture comes to the availability of beds at district
and water resources, financial inclusion, skill hospitals, in the recently published NITI
development and basic infrastructure. The Aayog report has increased pressure on the
districts whose performance is judged the Bharatiya Janata Party-Janata Dal (United)
best by the Aayog are allocated additional coalition government.
token grants to further improve their ● The CM of Bihar -“It is not right to prepare a
performance. report by considering all states in the entire
country equal. The report cannot be
Where and how did it fail to increase cooperative prepared by comparing the richest and
federalism? poorest states. “There are several things that
● Opposition's stand -it was called an attack have been wrongly said (in the Niti Aayog
on federalism by congress. According to report) about Bihar”.
CPM NITI Aayog would put states at the ● Chief Minister Pinarayi Vijayan- “NITI Aayog
mercy of the centre opening the door for had failed to perform its expected role of a
political bargaining. CPI was also of the facilitator in the last four years and was not
opinion that the institution would lead to able to substitute the erstwhile Planning
confrontation between centre and states. Commission. One Size fits all approach of the
● “Initially, states took time to understand that Centrally sponsored schemes goes against
NITI was no longer a source of funds for them the basic principles of cooperative
and I was either visited by CMs or received federalism. In our view, the aspirational
calls from them for financial resources” - district programme has carried this one step
Arvind Panaghariya further,”.
● “In the past, the Planning Commission used
to give grants to the States as conditional What has been proposed to address the issue? OR
transfers using the Gadgil-Mukherjee Need of NITI 2.0
formula. Now with the Planning Commission
disbanded, there is a vacuum especially as Vijay Kelkar
the NITI Aayog is primarily a think tank with ● He has proposed setting up a new ‘Niti
no resources to dispense, which renders it Aayog’ to overcome the challenges faced by
toothless to undertake a “transformational” the present Niti Aayog.In his paper, titled
intervention”-Vijay Kelkar ‘Towards India’s New Fiscal Federalism’,
● It still remains hard for NITI Aayog to make Kelkar says that it is desirable that a
intervention state-level, experts say. “It’s functionally distinct entity such as the new
like the NITI can publish reports, and rank Niti Aayog 2.0 be created to deal with the
states on their performance on different structural issues including removal of
parameters — it is all very useful data regional imbalances in the economy.
collection. But at states level, there are on ● The Niti Aayog 2.0 shall be a permanent
several occasions, no takers,”. invitee of the Cabinet Committee on
● Amidst criticism over poor health Economic Affairs (CCEA), just like the
infrastructure, Bihar’s poor rank when it Planning Commission. It will have the powers

for allocating development or Types of GST

transformational capital or revenue grants ● There are four different types of GST levied
to the states. on the goods and services in India that are as
● We need another institution to tackle the follows:
horizontal imbalance in infrastructure or the ● Central Goods and Services Tax (CGST) – The
transformational capital deficits. Towards Central Government of India charges the
this task of cooperative federalism, NITI CGST on transactions related to goods and
Aayog 2.0 should receive significant services within a state.
resources (say 1% to 2% of the GDP) to ● State Goods and Service Tax (SGST) – The
promote accelerated growth in States that State Governments in India charge the SGST
are lagging, and overcome their historically on transactions related to goods and
conditioned infrastructure deficit, thus services within a state. It gets charged along
reducing the developmental imbalance. with the CGST.
● The new Niti Aayog will need around 1.5 to 2 ● Union Territory Goods and Service Tax
percent of the GDP every year in resources to (UGST) – The Union Territories in India
provide suitable grants to the states for charge the UGST on transactions related to
mitigating the development imbalances. goods and services within their boundaries.
● It must also be accorded a place at the high It gets charged along with the CGST.
table of decision-making as it will need to ● Integrated Goods and Service Tax (IGST) – If
objectively buy-in the cooperation of the the transaction related to goods and services
richer States as their resources are is between two states, the government will
transferred to the poorer ones. impose the Integrated GST. It is also
applicable to imports and exports. The Taxes
charged under IGST are shared both by the
GOODS AND SERVICE TAX (GST) AND centre and state.
FISCAL FEDERALISM
The main objectives of GST are as follows:
● The Goods and Service Tax (GST) is a tax levy ● It helps create a common market in India
on the consumption, manufacture or sale of with a uniform taxation system and curb tax
goods and services in India. It is a system of evasion in the country. The laws for GST are
indirect taxation that has replaced most far more stringent compared to the
other indirect taxes in the country. The erstwhile indirect tax laws. The aim is to
Indian Government had introduced this tax have a nationwide surveillance system under
on 1st July 2017. GST is levied every time GST, making it easier to catch defaulters and
there is a value addition that is made to a tax evaders.
● It removes the cascading effect of the
product or service. The taxation also takes
place at every point of sale. indirect taxes on a single transaction. It also
allows the setting off for prior taxes that are
related to the same transactions in the form
of the input tax credit. Under GST, the tax is

applicable only on the net value added Haryana, Karnataka, Maharashtra and Tamil
during each stage of the supply chain. Nadu feared a revenue loss.
● The government aims to reduce the need for ● Thus, GST Compensation Cess or GST Cess
multiple documentation under the previous was introduced by the government to
taxation system by introducing a compensate for the possible revenue losses
consolidated tax like GST. The idea is to help suffered by such manufacturing states.
companies with an uncomplicated tax filing ● To persuade states to move to the new
procedure that will improve their efficiency regime, the Centre promised to cover the
and cut down the overall costs associated shortfall in their tax revenues for five years
with business processes. through a new GST compensation cess.
● It helps to subsume most indirect taxes into ● However, under existing rules, this
a single taxation system that reduces the compensation cess will be levied only for the
burden of compliance for taxpayers and first 5 years of the GST regime – from July
eases the government’s tax administration 1st, 2017 to July 1st, 2022.
process.
● The main aim of this taxation system is to What are Issues faced by states?
simplify the entire process of paying taxes ● The expectation was that the introduction of
and simplify compliance. the GST would effectively help in
● Compared to the erstwhile indirect taxes, remodelling the Indian taxation system and
almost the whole GST process, including address the lacunae in India’s economic
registration, returns filing, refunds and e- reforms, by way of an increment in revenue,
way bill generation, has shifted to the online increase in competitiveness, effective tax
mode. collection, rationalization of rates and so on.
● One of the primary objectives of GST is to ● For 2020-’21, the gap between projected
widen the tax base in India. Most of the tax revenues and GST collections for all
erstwhile indirect taxes had their threshold states is stunning: Rs 3 lakh crore. In
limits for registration based on the turnover comparison, the GST compensation cess,
of a business. meant to bridge this gap, is projected to
● Under GST, there is greater scope for an generate only Rs 65,000 crore. This leaves
increase in the number of firms coming the states short of Rs 2.35 lakh crore.
under the tax registration net because it ● The promise and the reality have been the
includes all transactions related to goods antithesis of each other since the guarantee
and services in the country. of assured taxes of five years made the
states complacent with regard to making any
What was promised to states through GST ? tax efforts on their own. It also does not
● Introduced in July 2017, the GST subsumed make any leeway or special allowances for
nearly all indirect taxes collected by states situations such as the COVID-19 pandemic,
and the Union during which it becomes increasingly
● Due to the consumption-based nature of necessary to have a strong fiscal framework
GST, manufacturing states like Gujarat, in place to counter the economic impact.

● Further, its implementation has also caused

a huge detriment to the borrowing power What is the centre's response to the demand of the
of the states. Since the compensation cess states?
has been largely been utilized by the central ● Under the GST law, states are compensated
government without its proper disbursal of for any loss of revenue arising on account of
funds, the states have been left the implementation of GST for five years till
underfunded and crippled, with inadequate June 2022. The compensation amount to be
funds from the centre, as the option of paid from the compensation fund which is
borrowing remains out of scope. Weak arrived at by levying cess on top of the
fiscal management by the centre has highest tax slab on luxury, demerit and sin
caused revenue shortfalls and the inability goods.
to meet its due disinvestment targets and ● “Centre is committed to release full GST
as a result, it has resorted to fiscal compensation to the States/UTs as per GST
extraction from the states and transferring (Compensation to States) Act, 2017 for the
cess to their own funds. transition period by extending the levy of
● While the resource mobilization of Compensation cess beyond five years to
respective states via allocation of funds meet the GST revenue shortfall as well as
remains under the purview of the centre, the servicing the loan borrowed through special
responsibility of socio-economic and window scheme,”. -Nirmala Sitharaman in
groundwork nuances of dealing with the Rajya sabha,November 2021
aftermath of COVID-19 resides with the
states, with almost zero power to take steps What went wrong in GST?
for any respite. ● The CAG has found that the Union
● Repeated appeals by the state governments government in the very first two years of the
for allocation of funds have been ignored, GST implementation wrongly retained
and instead, they were recommended to ₹47,272 crores of GST compensation cess
rely on borrowings from the Reserve Bank of that was meant to be used specifically to
India (RBI), even when the centre continued compensate states for loss of revenue.
increasing the cess and surcharges and ● Unlike many other economies which have
closed rooms for negotiations. implemented this tax regime, India has
multiple tax rates. This hampers the
progress of a single indirect tax rate for all
Currently what states are demanding? the goods and services in the country.
● Under existing rules, this compensation cess ● The complexity of tax filings: The GST
will be levied only for the first 5 years of the legislation requires the filing of the GST
GST regime – from July 1st, 2017 to July 1st, annual returns by specified categories of
2022. States are demanding to extend it and taxpayers along with a GST audit. But filing
demanding the compensation that was annual returns is a complex and confusing
assured at the time of implementation of the one for the taxpayers. Apart from that, the
law. annual filing also includes many details that

are waived in the monthly and quarterly vaccination sequencing, and even
filings. procurement of Vaccines. With less tax
● Nearly half the economy remains outside revenue on hand, the States cannot meet all
GST. E.g. petroleum, real estate, electricity the needs to tackle the pandemic.
duties remain outside GST purview.
In this context M.A. Oommen and K.J. Joseph writes
How GST has undermined federalism? in Goods and Services Tax as an Unfinished Agenda:
● The most noticeable feature of this ● GST is not fulfilling the ideals of Fiscal
amendment is the weighted voting system, Federalism:-
wherein the vote of the central government 1. In major 18 States, the ratio of own tax
is to have the weightage of 1/3rd of the revenue to GDP has declined.
total votes cast, whereas the weightage of 2. The share of the Center in total GST
the votes by all the state governments increased by 6%, but the States ‘share put
together constitutes only 2/3rd of the total together lagged behind with only a 4.5%
votes cast, in a given meeting. This creates a increase.
huge imbalance in the inherent power 3. There are stark differences between Revenue
dynamics of the GST Council and it becomes Neutral rates (Revenue neutral rate(RNR) is
an arduous task for the states to even a structure of different rates established in
contemplate passing a resolution against the order to match the current revenue
centre. generation with revenue under GST.
● This further acts in accentuating the 4. Massive evasion due to the dismantling of
hierarchy of the centre having the upper check posts, and b fake invoices.
hand over the states, and deeply roots the ● GST in India was possible only because the
notion of undermining the federal character States surrendered much of their
of the Constitution of India. constitutionally inherited indirect taxes.
● End of revenue guarantee: During the While the States collectively forewent 51.8%
enactment of GST, the Center promised of their total tax revenue, the Center
compensation for loss of revenue faced by surrendered only 28.8%.
states. This revenue guarantee ends in July ● Yet, GST is shared equally between the
2022. Citing the pandemic, some states are Centre and States despite two expert
demanding more compensation time committees recommended for a higher
● Loss of fiscal autonomy of states: States share for the States.
surrendered the majority of their indirect ● Given the revenue neutrality failure and the
taxation powers for the implementation of host of other issues, many of the States are
GST. At present, States have no taxation left with no option except to depend on GST
powers over them. But the GST revenues are compensation. While compensation
uncertain. legitimately has to coexist with GST, even the
● The issue of Pandemic: The second wave of constitutionally guaranteed compensation
Covid-19 infections put greater onus on the for five years has not been implemented in
States. Such as mobility restrictions, letter and spirit, forcing the States to beg for

their entitlement. This is not conducive to Way Forward

sustainable cooperative federalism as well as
fiscal federalism. Arvind Subramanian
● GST should be seen purely from a revenue ● The GST structure needs to be simplified and
point of view and as a fiscal policy tool for rationalised, as recommended by the
efficiency, competitiveness and growth. Even Fifteenth Finance Commission and the
by this standard, India’s GST is still on a rocky Revenue Neutral Rate report. To achieve the
road, with several of the assumptions falling promised Good and Simple Tax, a new
flat while expectations stand belied. structure should have one low rate (between
● Neither the States nor the consumers seem 8 and 10 per cent), one standard rate
to have benefited since the rate reductions (between 16 and 18 per cent) and one rate
are not translated into prices due to for all demerit goods.
profiteering and cascading. Despite many ● The GST Council’s working needs tweaking.
years of efforts in evolving an Indianised GST Under Arun Jaitley’s stewardship, all GST
system and over 50 months of adjustments decisions were taken by consensus.
with over a thousand notifications, with ● When the VAT was being introduced,
accompanying uncertainties in the first year Yashwant Sinha established a culture of
and the novel coronavirus pandemic and the consensual discussions on indirect taxes. He
lockdown still in the saddle, GST continues to did this by requiring the Empowered
be an unfinished agenda. Committee of State Finance Ministers to be
headed by a finance minister from an
Opposition-run state government, the spirit
of this idea could be translated to the GST
Council. For example, discussions in the
Council could be steered by the central
Finance Minister (Chair), aided by a finance
minister (Vice-chair) from an Opposition
state, rotating periodically.
Case Study of Tamil Nadu

Tamil Nādu Government has highlighted the economic and financial condition in White paper,
published by any state for the first time:
● The report essentially said that the State is deep in debt, with falling revenues, rising
expenditure and declining investment. The average family in the State pays roughly INR1 lakh
in all taxes every year to the State and the Union government and receives INR1.6 lakh worth
of subsidies and services (health care, transport, education, water, power, etc.) every year. The

gap between revenues and expenditure is funded through loans and the State carries a
consolidated debt of ₹2.6 lakh per family.
● The white paper categorically blames GST introduction for their poor fiscal health. It argued
after the introduction of the Goods and Services Tax (GST), elected State governments in India
do not have the powers to raise income or sales tax revenues on their own and are beholden
to the Union government.
● White Paper held GST as the real bugbear in India’s fiscal federalism and questioned the future
of GST and raised genuine concerns over its viability.
LOCAL GOVERNMENT INSTITUTIONS AND FISCAL FEDERALISM
Fiscal Federalism and the third tier of the decentralization

● First, the volume of money set apart for them is inadequate to meet their basic requirements.
● Second, much of the money given is inflexible; even in the case of untied grants mandated by the Union
and State Finance Commissions, their use is constrained through the imposition of several conditions.
● Third, there is little investment in enabling and strengthening local governments to raise their own taxes
and user charges.
● Following the Constitution Amendments, Article 280, establishing the Finance Commission, was amended
to add 280 (3) (bb) and (c), designed to empower the third tier. Following the recommendation of the
11th Finance Commission, there were reforms in budget and accounting, and efforts towards streamlining
the financial reporting system at the local level. Even so, there is no credible fiscal database and budget
system among local governments now.
What can be done?

● Decentralization, in letter and spirit, has to be a key feature of healthy fiscal federalism. De jure and de
facto seriousness has to be accorded to the 73rd and 74th constitutional amendments. For this, the
missing local public finance must be birthed. One of the ways for this is through the creation of an Urban
Local body Panchayati Raj institutions consolidated fund.
● This would mean that Articles 266/268/243H/243X of our Constitution will need to be amended to ensure
that relevant monies directly flow into this consolidated fund of the third tier.
● Through such constitutional amendments, the Center and States should contribute an equal proportion
of their Central GST (CGST) and State GST (SGST) collections and send the money to the consolidated fund
of the third tier.

Impact of COVID-19 on Fiscal Federalism
● In times of low international crude prices,
As the pandemic threatened human lives and increasing VAT on high-speed diesel and
livelihoods, demanding swift action on a national motor spirit is an important avenue of
scale, the Centre took over the many responsibilities revenue for states. But due to the central
which otherwise fall within the domain of the state. excise levy, space to increase the tax by
Among many comprehensive measures, the Centre states has been reduced. In addition,
took a series of decisions to scale up vaccine revenue through central excise levy is not
procurement, knowledge production for setting shareable with states.
standards and guidelines for the state and local ● The Centre’s recent unilateral decision to
governments, and mitigation of inter-state suspend the MPLAD Scheme for two years
externalities. But certain actions taken by the centre and divert the money to the Consolidated
reflected centralisation tendencies. These have been Fund of India is yet another instance of anti-
explained below. federal centralisation of financial resources.
In times such as the present health crisis,
● It was during the lockdown phase that the local-level customised interventions, which
federal government usurped key state the MPLAD Scheme allows for, could have
powers and jurisdictions such as the banning filled the gaps in relief work left by the
of liquor sale, and the stoppage (or Central and State governments.
resumption) of public transportation—these ● Faced with such fiscal constraints, states
provoked outcries from the states as it led to have resorted to deferment of payments to
huge revenue loss to states public employees and contractors. This
● India’s initial COVID-19 response was further reduces capital investment and
marked by fiscal centralisation. With the demand in the economy and hence growth.
Centre enjoying monopolistic power over States have asked for COVID 19 grants and
scarce financial resources, state raised borrowing limits to ensure adequate
governments in many instances were left at availability of funds to tackle COVID 19.
its mercy. ● Article 293 provides that states must take
● The issue of the payment of the Goods and consent of the centre for borrowing when
Services Tax (GST) due to the states, there is an outstanding debt of the state with
amounting to INR 300 billion became a point the centre. In addition, the centre can
of contention. With the pandemic causing impose conditionalities for such increased
the drying up of public coffers and the states borrowing limits.
seeking additional revenues to meet their ● In line with article 293, the centre has
exigencies, the arbitrariness of the Centre allowed increased borrowing limits from 3%
became more visible. to 5% of State GDP but with conditionalities.
● The Centre emphasised more on rolling out These conditionalities include:
conditional loans to the states rather than o Introduction of the ‘One nation, one
unconditional relief grants, which was ration card’ scheme for all, with
imperative. linking of Aadhaar with ration cards

and installing point of sale (PoS) earmarked borders and intervening in the
machines in all fair price shops subjects of state governments.
o Improvement in ease of doing ● For instance, the issue of entitlement-driven
business: District level assessment legislations. Some time ago, India entered an
of ease of doing business, Automatic era of entitlement-based stand-alone
renewal of state industrial and legislation. The classic examples are the
commercial licences to businesses, Mahatma Gandhi National Rural
Making randomised inspections Employment Guarantee Act of 2005, the
with prior notice and full Right of Children to Free and Compulsory
transparency. Education Act of 2009 and the National Food
o Implementation of power sector Security Act of 2013.
reforms: Reducing aggregate ● This was the area where fiscal authorities
technical and commercial losses, should have intervened, as employment,
Direct benefit transfers (DBT) to education and food were originally intended
farmers instead of charging them to be the domain of subnational
lower power tariffs, Reducing the governments.
gap between average cost and ● Second, there is the issue of the
average revenues incongruence of Article 282 of the
o Urban local body reforms required Constitution with the letter and spirit of the
the states to notify property tax Seventh Schedule. Article 282 of the
floor rates according to circle Constitution states that -“The Union or a
property values and to notify water State may make any grants for any public
and sewage charges. purpose, notwithstanding that the purpose
is not one with respect to which Parliament
or the Legislature of the State, as the case
● Thrusting such conditionalities in times of may be, may make laws.”
distress is against the spirit of cooperative ● The legitimacy of all centrally sponsored
federal. smIt sets a precedent of centre schemes, most of which are in the domain of
dictating to states and reducing the latter the states, emanates from the use or misuse
into agents of the former. It leads to through recourse to Article 282. Based on an
asymmetry of power between states and exercise by the Fifteenth Finance
centres. The centre can then impose Commission, there are approximately 211
conditionalities irrespective of merits. schemes/sub-schemes under the umbrella
of 29 core schemes.
● What is even more staggering is that the
EMERGING CHALLENGES IN INDIA’S total outlay of the central government on
FISCAL FEDERALISM these centrally sponsored schemes is
● Over time, the Concurrent List of the seventh approximately INR 3.32 trillion in 2019-20.
schedule of the Constitution has sought to Considering that the states often protest
occupy increasing space, transgressing its that these schemes are ill-designed, not

suited to their specific needs and entail intervenes and some States get less and
significant financial outlays by them, no some more. Usually the Central government
state has decided to abandon them. Far from does not meet the 41% target.
centrally sponsored schemes seeing the end, ● Some of the so-called poorer States get up to
some large schemes in the shape of 50% of their total revenue from the Central
Ayushman Bharat and Swachh Bharat are government, making them even more
expanding their scope and dimensions. dependent. This gives more economic power
● Another challenge is that of fiscal to the Central government and allows ruling
incongruity. One of the terms of reference parties at the Center to use these funds to
made to the Fifteenth Finance Commission is their advantage.
to review the current level of debt of the ● Another issue is regional disparity.
union and the states and recommend a fiscal Maharashtra, Delhi and Karnataka
consolidation roadmap for sound fiscal contribute the lion’s share of taxes to the
management. As per the amended Fiscal government. These three regions along with
Responsibility and Budget Management Tamil Nadu and Gujarat contribute 72% of
(FRBM) Act, the central government shall the tax revenue. Uttar Pradesh, which has
take appropriate steps to ensure the healthy the largest population in India, contributes
fiscal situation of States. only 3.12% but gets over 17% of the revenue
● The combined outstanding liabilities of distributed by the Central government.
states and union territories have been on the ● Revenue distribution is based on complex
rise since 2014.This is mainly due to central considerations including population and
policies concerning the Ujwal DISCOM poverty levels. For every INR 100
Assurance Yojana (UDAY) and the Farm contributed, southern States get about 51%
Loan Waiver. from the Central government, whereas Bihar
● Another emerging challenge is that cesses gets about 200%.
and surcharges are becoming a ● The population growth rates in the south
disproportionate proportion of the overall have come down to near zero, whereas the
divisible revenue, with non-tax revenues population in central and north India
being kept outside the divisible pool. continues to grow. The cross subsidy from
the south to the north will therefore grow.
Views of Trilochan Sastry on current Fiscal ● Political power is concentrated in the north
Federalism: because there are more Lok Sabha seats. The
number of seats in each State will be revised
● If States directly collect more tax, they will in 2026 perhaps based on population and
become less dependent on the Central other factors. This has already created
government. apprehension in the southern States that
● State governments get funds from the they will be further politically marginalized.
Central government according to the Finance The periodic attempts to declare Hindi a
Commission’s recommendations. Though national language fuels widespread
this is based on some formula, often politics resentment.

● India’s hard-won independence and unity 2019; the National Education Policy of 2020;
needs to be preserved. Today there are and the Draft Blue Economy policy. The
threats from China. There may be threats creation of the Ministry of Cooperation and
from Afghanistan after the U.S. withdraws the Reserve Bank of India directives on
its troops. A transition to a more federal cooperatives are being perceived by the
structure will allow the Center to focus on States as measures to strangulate a sector
external threats instead of internal that is still struggling to recover from the
dissensions. Our internal divisions helped devastation of demonetisation.
invaders from West Asia and the British. ● During the pandemic, the Union government
Hopefully, we will learn from our history. repeatedly violated the compensation
guarantees to the States under the GST
Views of P.S. Arun on Increasing centralized regime. Delay in paying the States their due
tendency in fiscal policy of Center worsened the impact of the economic
Alleged Steps by the Union government which have slowdown. The crisis was aggravated in July
undermined the principles of federalism, especially 2020, when the Union government proposed
fiscal federalism. borrowing as an option to address the
● Increasing monetary share of the States in shortfall in GST compensation. Most States,
Centrally Sponsored Schemes (CSS), the forced by economic pressure, had to accept
terms of reference of the 15th Finance the proposal.
Commission, imposition of demonetisation ● Cash-starved States have been seeking non-
without adequate consultation with the tax avenues to generate funds to sustain
States, institutionalization of the Goods and their programmes. And at this point, the
Services Tax (GST), outsourcing of the Union government issued a clarification that
statutory functions under the Smart Cities funding to the Chief Minister’s Disaster Relief
Mission, a delay in transfer of GST Funds will not be considered as CSR
compensation, ‘One Nation One Ration’, etc expenditure, unlike the case with PM-CARES.
● States were curtailed in aspects relating to ● Federal flexibility — or the lack of it — is
COVID-19 management such as going to play a crucial role in shaping the
procurement of testing kits, vaccination, the future of our democracy. The Union
use of the Disaster Management Act, and the government needs to invest resources
unplanned national lockdown. towards facilitating effective consultation
● Other policies initiated by the Union with States as a part of the lawmaking
government in the recent past have also led process. It is critical that the Union
to the weakening of States’ autonomy. These establishes a system where citizens and
include the farm laws; the Banking States are treated as partners and not
Regulation (Amendment) Act of 2020; the subjects.
Government of National Capital Territory
Amendment Act, 2021; the Indian Marine
Fisheries Bill, 2021; the Draft Electricity
(Amendment) Bill, 2020; the Dam Safety Bill,

Way forward incongruities between the contours of the

● National priorities and notable policy Schedule and Article 282 of the Constitution
initiatives like Swachh Bharat, the New and the stand-alone legislation of the
Education Policy, Ayushman Bharat and subjects will remain cluttered and opaque.
Swachh Jal through Jal Jeevan Mission ● A far more credible policy for the
constitute an integral part of the changing rationalisation of centrally sponsored
dynamics and nature of responsibilities schemes and central outlays is also needed.
between the centre and the states. The ● There is no central entity with an overview of
issues of National Priority transcend the centrally-sponsored schemes and how
boundaries as they are designed to address many and in what form many of these could
the basic tenets of growth multipliers, be amalgamated with central sector outlays.
benefitting every segment of society and ● Reforms in public finance management
addressing welfare tenets on health, housing (PFM) systems are a continuous process.
and employment as core national priorities. Previous Finance Commissions have made
● it is important to take another look at the recommendations on various aspects of the
Seventh Schedule – the allocation of centre- PFM systems of both the union and states,
state responsibilities – in today’s focusing on budgetary and accounting
contemporary context. Unless the contours processes, financial reporting, etc.
of the schedule are redrawn, some of the
First Administrative Reforms ● The role of the union government in areas that are covered by the
Commission (1966) State List of subjects in the Constitution should be largely that of a
“pioneer, guide, disseminator of information, overall planning and
evaluator”.
● It felt that, except in the most essential areas and that for a limited
duration, the union government should not take upon itself the
functions and responsibilities that are legitimately in the states'
domain.
Rajamannar Committee (1969) ● The union government should not take any decision without
consulting the Inter-State Council when such a decision can affect
the interests of one or more states.
● Every bill that affects the interests of the states should be first
referred to the Inter-State Council before it is introduced in
Parliament.
● Article 356 should be used only in rare cases of a complete
breakdown of law and order in a state.

● Residuary power of taxation should be vested with states.
Sarkaria Commission – Committee on ● Recommended that the number of centrally-sponsored schemes

Centre-State Relations (1988) should be kept to the minimum and that state governments should
be involved in determining the contents and coverage of such
schemes to cater to local variations.
● Set up a permanent interstate council called the “Inter-
Governmental Council” under Article 263 of the Constitution.
● Fresh constitution of Zonal Councils to promote the spirit of
federalism.
● Corporation tax should be included in a sharable pool.
● The Centre should consult the states before making a law on the
Concurrent List.
Report of the Sub-Group of Chief ● The Sub-Group recommended that the existing centrally sponsored
Ministers on Rationalisation of schemes should be restructured and their number reduced to a
Centrally Sponsored Schemes, under maximum of 30 schemes. All these schemes would be “umbrella
the Convenorship of Shri Shivraj schemes”, with every scheme having a large number of
Singh Chauhan (2015) components with a uniform funding pattern.
● As far as possible, except for a few core components, the decision
to implement components within a scheme should be left to the
state government, thereby allowing states maximum choice among
components. If there are multiple schemes in a sector, the
approach should be to consolidate all such schemes into a single
“umbrella scheme”.

ELECTION IN INDIA AND ELECTION COMMISSION

Elections are the most significant means of realising confidence of the Lok Sabha, and if there is
the aspirations of the people in a democracy. These no alternative government available to take
enable every adult citizen of the country to over.
participate in the process of the government ● General elections to the Lok Sabha took
formation. In India those who have attained the age place in 1952, 1957, 1962, 1967, 1971, 1977,
of 18 are eligible to vote and elect their 1984, 1989, 1991, 1996, 1997, 1998, 1999,
representatives. This was not possible before the 2004, 2009,2014 & 2019.
implementation of our Constitution. Earlier only the ● Holding of regular elections can only be
privileged sections of the society had the role in the deferred by means of a constitutional
formation of the government in our country. The amendment and in consultation with the
grant of voting rights to all adult citizens belonging to Election Commission, and it is recognised
all social groups - castes, sects, tribes, religions and that interruptions of regular elections are
genders has enabled them to elect their acceptable only in extraordinary
representatives, and indirectly participate in the circumstances.
process of governance. ● When the five-year limit is up, or the
legislature has been dissolved and new
Election System in India elections have been called, the Election
Elections to the Lok Sabha and the Vidhan Sabha are Commission puts into effect the process for
carried out using the first-past-the-post electoral holding an election.
system. The country is divided into different
geographical areas, known as the constituencies. Who conducts the election?
Different political parties contest the election, ● The Election Commission of India is the
though there is no ban on independent candidates highest institutional authority to conduct
contesting the election. During elections different elections in India.
political parties put up their candidates and people ● The power of superintendence, direction
can cast one vote each for a candidate of their own and control of the preparation of the
choice, to elect their representatives. The candidate, electoral roll for conducting all elections to
who gets the maximum number of votes, wins the Parliament and to the Legislature of every
election and gets elected. So election is the means by state and also of the election to the office of
which the people elect their representatives. the President and the Vice-president are
vested with this constitutional authority.
The Electoral Event - When do elections take place? The Election Commission consists of:
● Elections for the Lok Sabha and every State a) Chief Election Commission
Legislative Assembly have to take place b) Other such numbers of Election Commissioners as
every five years, unless called earlier. The fixed by the President from time to time.
President can dissolve Lok Sabha and call a c) There shall be a Regional Election Commissioner.
general election before five years are up, if d) The President or Governor on request by the
the government can no longer command the Election Commission or Regional Election

Commissioner shall make available such staff to ‘superintendence, direction & control’ these words
discharge functions effectively. are enough to include all powers necessary for
e) The Election Commissioner or Regional Election smooth and effective working, conduct of elections
Commissioner shall not be removed except on the so that the will of the people may be expressed. The
recommendation of the Chief Election Constitution bars the interference of the Courts in
Commissioner. the matters of elections. The Election Petitions are
f) Their tenure of service, other conditions shall be allowed and to be presented before such authority
decided by the President. as provided by the law or legislature.
Constitutional Provisions: Preliminary Role of Election

● Articles 243K and 243ZA delineate to the
Commission:
State Election Commissions the
● Guardian of Free & Fair Elections-One of the
responsibility for elections to local bodies –
most important features of the democratic
Panchayats and Municipalities.
polity is elections at regular intervals.
● Article 324 vests the superintendence,
Democracy is the “Government of the
direction and control of the preparation of
people, By the people, And for the
electoral rolls and conduct of elections in an
people”.The commission’s most important
independent Election Commission.
function is to ensure free and fair elections
● Article 326 of the Constitution the elections
following the law and the Model Code of
to the House of the People and to the
Conduct.
Legislative Assembly of every State shall be
● A Model Code of Conduct is a set of
on the basis of adult suffrage.
guidelines for the political parties which lays
down some important instructions as to how
Functions:
political parties and candidates should
The Election Commission performs following
conduct themselves in elections. The
functions:
Election Commission first issued the Model
a) The superintendence, direction & control of
Code of Conduct in the year 1971 (5th
elections.
Election) and since then, it has been revised
b) To conduct elections of various bodies. Articles
from time to time. It is in the interest of free
243K and 243ZA delineate to the State Election
and fair elections that such a code is needed.
Commissions the responsibility for elections to local
The code, on the other hand, is not based
bodies – Panchayats and Municipalities.
on any particular legislation. It just has a
c) To advise the President or Governor of a State for
persuasive influence. It includes what are
disqualification of any member.
known as “electoral morality laws.”
d) To pass any order in respect of the conduct of the
● Registration of political parties- The
elections when there is no law or rule made under
Election Commission has a responsibility to
the law.
register each party and allot them their
respective party symbols. In 1989, a law
In the case of, Election Commission of India v/s.
governing this registration process was
Ashok Kumar, The Supreme Court observed that,

passed, and a large number of parties were The commission has a responsibility to urge
registered with the Commission. all the political parties to submit an affidavit
● Election Expenditure- The Election that describes their criminal records and
Commission is responsible for establishing criminal charges and if any candidate is
legislative limitations on how much money a found with criminal records, then that party
political party can expend during a will not get the election ticket.
campaign. This restriction aids in reducing ● Checking and disclosing social background
the amount of money shown during the of candidates- The Election Commission
referendum. The EC is also responsible for directs all the candidates to submit an
keeping track of each human account of affidavit related to their social background,
election spending. assets (both movable and immovable),
● Verifying criminal records against spouses, and qualification, when he or she
politicians- The Election Commission of India files nomination papers for election to the
makes a time-to-time revised norm to curb Lok Sabha, Rajya Sabha, and State Legislative
the situation of criminalization of politics. Assemblies.
●
Other functions are:

● To act as a court for settling disputes related to granting of recognition to political parties and allotment
of election symbols to them.
● To appoint officers for inquiring into disputes relating to electoral arrangements.
● To determine the code of conduct to be observed by the parties and the candidates at the time of
elections.
● To prepare a roster for publicity of the policies of the political parties on radio and TV in times of
elections.
● To advise the president on matters relating to the disqualifications of the members of Parliament.
● To advise the governor on matters relating to the disqualifications of the members of state legislature.
● To cancel polls in the event of rigging, booth capturing, violence and other irregularities.
● To request the president or the governor for requisitioning the staff necessary for conducting elections.
● To supervise the machinery of elections throughout the country to ensure free and fair elections.
● To advise the president whether elections can be held in a state under the president's rule in order to
extend the period of emergency after one year.
● To register political parties for the purpose of elections and grant them the status of national or state
parties on the basis of their poll performance.
● The Election Commission is assisted by deputy election commissioners. They are drawn from the civil
service and appointed by the commission with a tenure system. They are assisted, in turn, by the
secretaries, joint secretaries, deputy secretaries and under secretaries posted in the secretariat of the
commission.

● At the state level, the Election Commission is assisted by the chief electoral officer who is appointed by
the chief election commissioner in consultation with the state government. Below this, at the district
level, the collector acts as the district returning officer. He appoints a returning officer for every
constituency in the district and presiding officer for every polling booth in the constituency.
Successes of the ECI government in giving clean chit to the model

● Successful conduct of elections- It code violations made by the Prime Minister.
witnessed the participation of over 90 cr ● Lack of capacity- The Election Commission is
voters. Also, the Election Commission vested with absolute powers under Article
commissioned 22.3 lakh ballot units, and 324, but still has to act according to laws
17.3 lakh VVPATs. made by Parliament and it cannot transgress
● Credibility of voting- After the counting was the same. E.g. Despite being the registering
done, it was found that there wasn't a single authority for political parties under Section
case of a mismatch between the VVPAT slip 29A of the Representation of the People Act,
and the EVM count. 1951, it has no power to de-register them
● Voter Education and Participation- The even for the gravest of violations.
highlight of 2019 was the highest ever voter ● Lack of proactive use of authority- The
turnout in a general election so far (67.11%), Election Commission had told the Supreme
which proves that the EC’s voter education Court that its powers to discipline politicians
programme SVEEP (Systematic Voters’ who sought votes in the name of caste or
Education and Electoral Participation) is religion were “very limited”.
effective. ● Ineffective control over political parties- ECI
● Actions taken against politicians- The ECI is not adequately equipped to regulate the
took strong and unprecedented action political parties. The EC has no role in
against some political leaders in the recent enforcing inner-party democracy and
general elections, debarring them from regulation of party finances.
campaigning for up to three days by invoking Implications
Article 324. ● Breakdown of democratic principles- such as
● Action against money power- The ECI free and fair elections, observation of
cancelled the election to Vellore common Model Code of Conduct among
parliamentary constituency in Tamil Nadu others.
after over Rs 11.48 crore worth unaccounted ● Erosion of institutional integrity- whereby
cash was unearthed during an income tax the credibility and authority of the
raid. commission is undermined.
● Loss of people’s trust in elections- If people
Issues and Challenges faced by Election Commission lose faith in the institutions of democracy,
● Allegation of partisan role- The opposition the credibility of the consent obtained
alleged that the ECI was favouring the ruling

through electoral verdicts itself will be in allege CEC’s independence is prone to being
doubt. compromised.
● Degradation of political discourse- where
barriers of civility and decency are not Recent Issues:
respected by the politicians and abuse of
power becomes a norm. This also results into
Election Laws (Amendment) Bill, 2021
issues of national/local importance taking a
Recently, the Election Laws (Amendment) Bill, 2021
backseat and personal rivalries among
was passed in the Lok Sabha. The bill seeks to link
candidates coming to fore.
electoral roll data and voter ID cards with the
● Politicisation of the Election Commission-
Aadhaar ecosystem.
since the Chief Election Commissioner is not
barred from post service posts, the critics
What has the bill amended?
Representation of the People Act, 1950 and the The Election Laws (Amendment) Bill, 2021
Representation of the People Act, 1951
The 1950 Act provides that a person may apply to the The Bill adds that the electoral registration officer
electoral registration officer for inclusion of their name may require a person to furnish their Aadhaar
in the electoral roll of a constituency. After verification, number for establishing their identity.
if the officer is satisfied that the applicant is entitled to
registration, he will direct the applicant’s name to be
included in the electoral roll.
Under the 1950 Act, the qualifying date for enrolment in The Bill amends this to provide four qualifying dates
the electoral roll is January 1 of the year in which such in a calendar year, which will be January 1, April 1,
roll is being prepared or revised. This implies that a July 1, and October 1.
person who turns 18 (i.e., eligible to vote) after January
1 can enrol in the electoral roll only when the roll is
prepared/ revised the next year
The 1951 Act permits the state government to The Bill expands the purposes for which such
requisition premises needed or likely to be needed for premises can be requisitioned. These include using
being used as polling stations, or for storing ballot boxes the premises for counting, storage of voting
after a poll has been conducted. machines and poll-related material, and
accommodation of security forces and polling
personnel.
The 1950 Act permits certain persons who are ordinarily The Bill replaces the term ‘wife’ with ‘spouse’ in both
resident in a constituency to register in electoral the Acts. Making it gender-neutral

rolls. Such persons include those holding a service

qualification, such as members of the armed forces or
central government employees posted outside
India. The wives of such persons are also deemed to be
ordinarily residing in the same constituency if they
reside with them. The 1951 Act enables the wife of a
person holding a service qualification to vote either in
person or by postal ballot.
What is the rationale given by the Government? matter is finally decided by this Court one
The ECI, the UIDAI and the government have been way or the other” .
quite vociferous and aggressive in defending, and ● Later, the Election Commission made the
promoting, the proposed linkage. They have given process voluntary.
four broad reasons in support of the linkage: ● ECI in 2021 again wrote to the Law Ministry
1. Improving the accuracy of the electoral rolls, for “expeditious consideration” of pending
by weeding out duplication and electoral reforms, including the linkage of
misrepresentation in electoral rolls. Aadhar and voter ID cards.
2. Assistance in the ECI’s plans to implement
advanced mechanisms such as electronic Changing nature of elections in India
and internet-based voting. Recent elections to the Indian parliament raised the
3. Giving ‘remote’ voting rights to domestic debate of Indian elections becoming more
migrants. personality centric.
4. To facilitate proxy voting which may require What shift is happening?
Aadhaar backing for voter verification. ● Electoral campaigning is becoming more
personality based where political parties are
What is NERPAP and how is it related to this focussing on individual leadership rather
linkage? than local issues and local representatives.
● NERPAP is National Electoral Roll ● Narrative capture where election outcome is
Purification and Authentication decided by “artificial issues” rather than
Programme by Election Commision of India state specific or local issues and diversion of
launched in 2015. attention from genuine public concerns.
● Objective of it was to link Aadhaar and ● Change in voters’ attitude as an issue of
voter IDs in order to delete duplicate national leadership is central in determining
names. voter decisions. Voters know which
● This process was made compulsory by the individuals it wants but not necessarily
Election Commision of India, However the which parties or policies.
Supreme Court back then held that “the ● Weak political culture, weak opposition also
Aadhaar card scheme is purely voluntary, limit the scope for genuine public debate.
and it cannot be made mandatory till the

Why is this shift a matter of concern? Premise: The Citizens’ Commission on Elections
● Undermining parliamentary system where (CCE), chaired by the retired Supreme Court judge,
voters elect local representatives, on the Justice Madan B. Lokur, in its report titled “An
basis of local concerns, to make laws. Enquiry into India’s Election System,” highlighted
● No genuine separation of powers-The several instances of inaction on the part of the ECI
legislature cannot truly hold the executive while conducting the 2019 general election.
accountable since electors have won in the
name of their leader. It leads to undermining EC’s credibility is in question
the legislature. Frequent disruptions in the ● Questions have been raised about the
Parliament further aggravate this problem. conduct of the Election Commission (EC) in
● Turncoat candidates (persons changing the management and supervision of the
parties) who found it difficult earlier to get election process in the current round of
elected are now relying on which the Assembly elections in various states, as they
personality of the leader makes it easier for were during some earlier elections, too.
them to get elected. This leads to corruption, ● It's the responsibility of the EC to conduct
criminalisation, and a fall in ethical values in the elections in a free, fair, impartial and
politics. efficient manner because the sanctity of
● Populism and personality-based politics elections is the most important requirement
weaken the spirit of democracy and reduce in a democracy. Unfortunately, there is a
space for critical debate. growing impression that the EC is indulgent
towards the ruling party at the Center and its
Way forward leaders and has different standards to judge
● The ills of the Indian political system can be the actions of parties and the complaints
solved by reforming the processes like that arise during the campaign.
electoral processes, transparent electoral ● There have been instances in West Bengal
funding etc. and the other states in which elections are
● Systemic reforms like intra party democracy underway where the acts of commission or
which reduces scope for top down decision omission on the part of the EC have attracted
making within parties and created criticism. An electronic voting machine
democratic environment. (EVM) was found in the car of a BJP
● Role of media, as a pillar of democracy to candidate in Assam. Some officials were
educate voters on genuine public issues suspended but the incident hurt the image
rather than biased reporting. Better of the EC and would strengthen the doubts
monitoring of usage of platforms like social many still have about the reliability of EVMs.
media, which often spread false information
creating attraction for a strong leader. Scholar Analysis
Views of Dr. B.R Ambedkar
Question on Credibility of Election Commision in ● Originally Article 324 read - There should be
recent times one Election Commission to deal with
election to the Central Legislature (in those

days), both the Upper and Lower Houses, Election Commissioner must recommend
and that there should be a separate Election that the removal is just and proper.”
Commission for each Province and each ● Dr Ambedkar was firm in preserving the
State, to be appointed by the Governor or independence of the Election Commission,
Ruler of the State. that is free from the influence of the
● Later B.R Ambedkar intervened and made executive or even the judiciary
radical changes saying “Comparing that
with the present Article 324 (D.A 289), there Yogendra Yadav( in 2019 General Lok Sabha
is, undoubtedly, a radical change. This elections)
Article in the present form proposes to ● The Election Commission (EC) has failed
centralize the election machinery in the India. The EC has failed the litmus test of
hands of a single Commission to be appearing to be fair. Far from standing up to
provided by Regional Commissioners, not the powerful so as to frustrate their attempt
working under the Provincial Government, at poll capture, the EC has appeared either
but working under the superintendence and complicit, or helpless, or both.
control of the Central Election Commission. ● The Commission faces a “crisis of credibility”
This is undoubtedly a radical change from and that “the weak-kneed conduct of the
the earlier draft.” ECI” has “reduced the credibility of this
● During his speech on Article 324, he said, constitutional body to an all-time low”.
“We have made provision to ensure that the
Chief Election Commissioner shall not be Challenges with respect to Election
liable to be removed except in the manner,
Commission and Elections in General
as a Judge of the Supreme Court (through an
● Credibility issues- Claims of faulty EVMs
impeachment by Parliament). If the object of
have been raised several times. The Election
this House (Constituent Assembly) is that all
commission is solely dependent on the
matters relating to elections should be
Union government for financial matters.
outside the control of the Executive
● Every time there have been repeated
Government of the day, it is absolutely
violations of Model Code Conduct. The
necessary that the new machinery which we
problem of credibility lies somewhere in
are setting up, namely the Election
involvement of executive in appointment. In
Commission, should be irremovable by the
Anoop Baranwal vs Union of India case ,the
Executive, by a mere fiat. We have therefore
executive role in the appointment process
given the Chief Election Commissioner, the
has come under judicial scrutiny. However
same status, as far as removability is
the demand for having a collegium system
concerned, as we have given to the Judge of
for ECI appointments, has been pending
the Supreme Court. Regarding other
since 2015.
members of the Election Commission, we
● In 1975,the Justice Tarkunde Committee
have left the matter to the President, subject
recommended that Election Commissioners
to one important condition, that the Chief
be appointed on the advice of a committee

comprising the Prime Minister, the Lok channelized social fissure as one of the
Sabha Opposition Leader and the Chief formidable factors to get through elections
Justice of India. This was reiterated by the
Dinesh Goswami Committee in 1990 and Simultaneous Election
the Law Commission in 2015. ● The history of elections in India is itself a
● Lack of Capacity- It has the dual shred of evidence that we had conducted
responsibility of staff. Election commission the elections simultaneously in the past, one
still does not have the power to de-register finds that during the first two decades after
parties. It has limited powers to discipline independence, general elections for the
erring politicians. Control on political parties House of the People and the State Legislative
with respect to funding is ineffective and it Assemblies were held simultaneously, i.e.,
has been proved incapable in during the years 1951-52, 1957, 1962 and
addressing intra-party democracy issues. 1967.
● The Election Commission during 2019 ● The main reasons behind the breaking of the
General elections had caught INR 1,460 cycle of synchronized elections were the
crore worth of cash, liquor and drugs during dominance and rule by one National political
one raid and this figure went upto INR 3,205 party and the regional parties were not
crore. Since there has been a limit on powerful and influential. The indiscriminate
expenditure cost by the Election use of Article 356 of the Constitution also
commission, increasing cost of elections contributed to disruptions of simultaneous
leading to unethical, illegal and even mafia elections. However, with the change in
provided electoral funding, corruption, Indian polity, the regional political parties
criminalisation and black money generation not only have increased in number but have
in various forms. also marked their presence in the elections
● Disadvantage of the first past the post to the concerned State Assemblies.
system has been seen in Indian elections
where the electorate has no role in the Views of Various Reports in favor of
selection of candidates and with majority of
Simultaneous Elections
candidates being elected by minority of
In 2015, the Parliamentary Standing Committee on
votes.In many cases, more votes are cast
Personnel, Public Grievances, Law and Justice in its
against the winning candidates than for
79th Report suggested holding simultaneous
them.
elections for the long-term good governance. First
● Involvement of muscle power to intimidate
Annual Report of the Election Commission of India,
voters, booth capturing, ideological
1983- the Election Commission of India in its First
indoctrinations by political parties, flawed
Annual Report recommended holding simultaneous
electoral rolls, Mistakes in vote counting.
elections for the House of the People and the
● Criminalization of Politics- Large individual
Legislative Assemblies of States, for the following
politicians, not just political elite, are having
significant reasons:
nexus with criminals and this has further

● Considerable savings on the colossal avoidable Sabha and State Assemblies simultaneously got
administrative and other expenditure incurred disrupted for several reasons such as frequent
on account of holding of separate General resort to Article 356 of the Constitution so, the
elections, (Lok Sabha and State Legislative Commission observed that it is true that all the
Assembly). situations and eventualities in which Article 356
● Substantial economy through revision of may be resorted to cannot be foreseen.
electoral rolls for the House of the People and Therefore, holding of separate elections to State
the State Legislative Assemblies simultaneously Legislative Assemblies should be an exception
instead of undertaking them on a countrywide and not the rule. The rule must be one election
basis twice over in two different operations. once in five years for LokSabha and all the
● For the conduct of elections, civilian personnel Legislative Assemblies.
running into about twenty-five lakhs of officers ● 79th Report of Parliamentary Standing
and staff and a few lakhs of police personnel are Committee, 2015- The Committee in its Report
deployed every time for about two to three on “Feasibility of holding simultaneous
months thereby seriously affecting their normal elections to the House of the People (Lok
duties. Sabha) and State Legislative Assemblies” noted
● During elections, whether for the Lok Sabha or several justifications for holding simultaneous
the Assemblies, the entire administrative set up elections,such as :
throughout the country slows down 1. The massive expenditure that is currently
considerably and all other normal functions and incurred for the conduct of separate elections.
activities of the Government, including 2. The policy paralysis that results from the
developmental work, are pushed to the imposition of the Model Code of Conduct (MCC)
background. These create a lot of hardships and during election time.
sufferings to the common man. The situation 3. Impact on delivery of essential services.
continues for about 2 months during the conduct 4. Burden on crucial manpower that is deployed
of every General election (LokSabha and State during election time.
Legislative Assemblies). ● Working paper by NITI Aayog-In January 2017,
● There were many more reasons, having regard NITI Aayog prepared a working paper titled
to the above considerations, the Elections “Analysis of Simultaneous elections: the What,
Commission is of the firm view that a stage has Why and How” in which proposal to conduct
come for evolving a system by convention, if it is elections to the House of the People and the
not possible or feasible to bring about a State Legislative Assembly, simultaneously was
legislation, under which the general elections to deliberated upon. The report analyzed the
the House of the People and Legislative existing constitutional provisions, financial and
Assemblies of the States are held logistical implications relating to simultaneous
simultaneously. elections and worked out a framework for the
● 170th Report of the Law Commission of India, conduct of simultaneous elections.
“Reform of Electoral Laws” (1999)-The
Commission in its 170th Report (1999) noted
that after 1967 holding of elections to the Lok

Constitutional Debates in Context of Simultaneous year cycle. The electoral system for National
Elections and Provincial Assemblies is based on “party-
● While discussing Article 289 of the list proportional representation”, which
constitution, Prof. Shibban Lal Saksena means that parties are represented in the
stated,“Our Constitution does not provide proportion of electoral support to them. The
for a fixed four year election cycle like the total number of votes received by a party
one in the United States of America. The decides the number of seats it gets. Parties
elections will probably be almost always draw up lists of candidates for each of the
going on in some province or the other. We legislatures they wish to contest when the
shall have about thirty provinces after the results are announced. The Independent
States have been integrated. Our Electoral Commission (IEC) works out how
Constitution provides for the dissolution of many people from each party-list should
the Legislature when a vote of no confidence take up seats in the legislatures.
is passed. So, it is quite possible that the ● Sweden- Elections to Sweden’s County
elections to the various Legislatures in the Councils and Municipal Councils occur
provinces and the Centre will not be all simultaneously with the general elections
concurrent. Every time some election or (elections to Riksdag every four years).
another will be taking place somewhere. It Whereas, the elections of the Municipal
may not be so in the very beginning or in the Assemblies occur generally on the second
very first five or ten years. But after ten or Sunday of September after every five years.
twelve years, at every moment some election ● BelgiumIn Belgium, one can vote in five
in some province will be going on. In our different types of elections. Elections for the
Constitution all the elections will not be Federal Parliament are normally held every
synchronised but they will be at varying five years, coinciding with the European (and
times in accordance with the vote of no- consequently also regional) elections.
confidence passed in various legislatures and ● Germany-The doctrine of basic structure is
the consequent dissolution of the legislatures clearly brought out in the German
(Emphasis added). So, this shows that our Constitution, 1949. The system prevalent in
constitution framers hadn’t discussed or Germany is like the Bundestag (i.e. Lower
debated on simultaneous elections, but yes House) cannot simply remove the Chancellor
they discussed on the part of a fixed period.” with a vote of no-confidence. The
“constructive vote of no confidence” puts an
International Perspective embargo on ousting the Chancellor as the
The concept of Simultaneous election is not new in opponents must not only disagree with his
the world which India is going to start, it is an old or her governance but also agree on a
concept which many countries are already flowing replacement.
up.
● South Africa- In South Africa, elections are Demerits of Simultaneous Elections:
held for the National Assembly, Provincial ● Suhas Palshikar-” Grand proposals are not
Legislature and Municipal Councils in a five- necessarily welcome proposals. On paper, it

may appear to be a nice idea to streamline ● It will result in weakening of the

the staggered election cycle, but in reality, it parliamentary system as it will curtail the
tinkers with the most basic principles of our parliament's power to remove a government
constitution - federal and parliamentary from power, since a 'constructive vote of no-
democracy.” confidence' shall be required.
● Success of simultaneous election is based on
the flawed underlying assumption that every Simultaneous elections are desirable but not
government at Center and state will last for feasible. Therefore, the proposal of conducting
full-term every time. simultaneous elections should be implemented only
● Economic and Logistical Issues - It is difficult after taking into considerations all the aspects and
to deploy officers and security forces at one practicalities and the decision should be such as to
go and arguments in favour are based on strengthen our democracy and not serve any
poor economic logic which has no political interest.
correlation with 'economics of cost'

Revisiting the Preamble

News: element in the Preamble. If any of these
Rajya Sabha reserves decision to allow private elements are removed the structure will
member bill on amending Preamble. not survive and it will not be the same
constitution and will not be able to
What does Bill aim to achieve? maintain its identity.”
● The Bill, titled the Constitution
(Amendment) Bill, 2021, seeks to substitute Was the Preamble to the Constitution amended
“EQUITABLE” for the word “SOCIALIST” in earlier?
the Preamble to the Constitution. ● The expression “SOCIALIST SECULAR” was
● For the words “EQUALITY of status and of inserted in the Preamble after the word
opportunity”, the Bill seeks to substitute the “SOVEREIGN” and before the words
following: “DEMOCRATIC REPUBLIC” by the
1. “EQUALITY of status and of opportunity to be Constitution 42nd Amendment Act, 1976
born, to be fed, to be educated, to get a job during the Emergency.
and to be treated with dignity, ● The amended phrase now reads as “WE, THE
2. ACCESS to information technology and all its PEOPLE OF INDIA, having solemnly resolved
implications, irrespective of caste, creed, to constitute India into a SOVEREIGN
social status or income” SOCIALIST SECULAR DEMOCRATIC
● For the words “FRATERNITY assuring the REPUBLIC and to secure to all its citizens …”
dignity of the individual and the unity and ● The same amendment also inserted the
integrity of the Nation”, the Bill seeks to words “and integrity” between the words
substitute the following, namely: – “unity” and “of the Nation”. The amended
1. “FRATERNITY assuring the dignity of the phrase, at present, reads as“FRATERNITY
individual and the community and the unity assuring the dignity of the individual and
and integrity of the Nation, the unity and integrity of the Nation.”
2. HAPPINESS, assuring a high gross domestic ● After the Indira Gandhi government
happiness”. introduced these amendments through a
Government Bill, its successor Janata Party
Can Preamble be amended? Government did not seek to reverse these
● The Supreme Court in Kesavananda Bharati changes, although the latter had reversed
case held that Preamble is the part of the most of the draconian amendments to the
constitution and it can be amended but Constitution, carried out during the
Parliament cannot amend the basic features Emergency.
of the preamble.
● The court observed, “The edifice of our What is the Role of Preamble in the Indian
constitution is based upon the basic Constitution?

● A preamble is an introductory statement.It is Scholars Views on word “Secular” which

the horoscope of the nation since it provides
was added to Constitution:
the nature of the state, the objectives of
Constitution and date of adoption.In a Machiavelli- Father of European Secularism:
Constitution, it presents the intention of its ● Completely divorced religion from politics
framers, the history behind its creation, and and tried to subordinate religion to the state
the core values and principles of the nation. and gave the state non-religious
● The ideals behind the Preamble to India’s character.Machiavelli said religion cannot
Constitution were laid down by Jawaharlal influence politics and the church cannot
Nehru’s Objectives Resolution, adopted by control the state.
the Constituent Assembly on January 22, ● In fact the sovereign state enjoys absolute
1947. power over all individuals and institutions. As
● Although not enforceable in court, the such the church is subordinate to the state.
Preamble states the objects of the Thus Machiavelli separated religion from
Constitution, and acts as an aid during the politics and paved the way for the
interpretation of Articles when language is emergence of the secular state.
found ambiguous.
H.V. Kamath during Constituent Assembly debate:
Scholars comment and Judicial Interpretation on “To my mind, a secular State is neither a Godless
Preamble: State, nor an irreligious State, nor an anti-religious
1. Ernst Barker- Preamble as the key note of the State.”
constitution.
2. KC Wheare- One of the best written preambles. Neera Chandoke:
3. KM Munshi- Horoscope of our sovereign ● The significance of secularism becomes
democratic republic. clearer when we make three distinctions.
4. Berubari Union case: SC held not part of ● The first distinction is between secularization
constitution and secularism. Secularization is a social
5. Kesavananda Bharati case: SC held preamble in process that involves the privatization of
the integral part of the Constitution.It said,``In religion, as in Europe after the
case of USA, preamble walks before the Enlightenment.
constitution; in case of India, preamble walks ● Two, religion as politics has nothing to do
with the constitution.” with religion as faith. Politics in search of
6. AK Gopalan case: Constitution can not be power seeks only one thing — monopoly over
interpreted based on Preamble. Preamble to be resources.
used to understand the mind of CA. ● The third distinction dispels a confusion that
7. Justice R C Lahoti- Preamble The spirit and has accompanied the debate on secularism
backbone of Indian constitution. in India. Secularism is not the binary opposite
of communalism. The opposite of
communalism is religious harmony.

● Secularism is the diametric opposite of Asish Nandy:

theocracy or the merging of two awesome ● Secularism is Western concept not suitable
forms of power-the non-religious and the for India.Secularism pushes rival ideologies
religious. Theocracy simply does not fit into to peripheries.These then find expression in
modern democratic imaginations. the political sphere.
Rajeev Bhargava: Pratap Bhanu Mehta:

● Indian secularism continues to be ● Principled distance is a misleading concept.
misunderstood. Casting secularism in terms of communal
● Given a new model of Principled Distance parity is also itself misleading.
where the separation of government
institutions and persons mandated to Scholars Views on Scope of Preamble
represent the state from religious
institutions and religious dignitaries. Prof. M P Jain, Indian Constitutional Law:
● Indian secularism did not erect a strict wall of ● The Preamble of Indian Constitution is the
separation, but proposed a 'principled main and very important part of our
distance' between religion and constitution. Preamble describes all the
state.Moreover, by balancing the claims of aspects related to the human being which is
individuals and religious communities, it very required to survive in the society with
never intended a bludgeoning privatisation dignity and prestige.
of religion. ● In fact the Preamble contains with the
● He argued that since Western model was declaration that “to secure to all citizens
developed when society was more justice, social, economic and political, liberty
homogeneous but since in the era of of thought, expression, belief, faith and
globalisation, society is becoming more worship-equality of status and of
heterogeneous therefore a new concept, opportunity.
suitable for the present situation, is needed.
● Since Europe itself is no more homogeneous B.N. Rau:
hence West should also follow the principled He suggested the Preamble should read- We, the
distance model which on one hand respects people of India, seeking to promote the common
the diversity and at the same time empowers good, do hereby, through our chosen
the state to interfere in case of any representatives, enact, adopt and give to ourselves
discrimination in the name of religion. this Constitution.
Justice Reddy in S.R Bommai case: D.D. Basu:

● Secularism is more than a passive attitude of ● The process of interpreting the Preamble of
religious intolerance, it is a positive concept the Constitution is an inseparable part of the
of equal treatment of all religion art and the science of the interpretation of
the Constitution.

● He stated that where the language of the

enacting section is clear and unambiguous, The preamble highlights the fundamental values and
the terms of the Preamble cannot qualify or guiding principles of the Constitution. The preamble
cut down that enactment. declares that the citizens of India accepted the
● There may be cases where the enacting part Constitution on 26th November 1949, but the date
of a statute does not co-exist with the object, of commencement of the Constitution was decided
enunciated in the Preamble. to be 26th January 1950.The preamble of the
● In such cases, if the language of the section Constitution of India is one of the best preambles
is clear, it is the section which will prevail, for ever drafted, not only in ideas but expressions as
the general terms of the Preamble may not well. It contains the purpose of the constitution, to
indicate or cover all the mischief‟s which in build an independent nation that protects justice,
the enacting portions of the Act itself are liberty, equality, and fraternity which are the
found to be provided for. objectives of the Constitution.

Judiciary
Introduction Session Judges to inspect or direct the
● The constitution provides for the single working of executive courts.
unified judiciary in India. The Indian Judiciary ● The Ministry of Law & Justice at the Union
is a system of courts that interpret and apply level is responsible for raising issues before
the law. It uses a common law system, parliament for the proper functioning of the
inherited from the legal system established judiciary.It has complete jurisdiction to deal
by former colonial powers and the princely with the issues of any courts of India, from
states, as well as some practises from SC to subordinate and Executive Courts. It
ancient and medieval times. also deals with the appointment of Judges of
● The Judicial system of India is classified into the High Courts and the Supreme Court.
three levels with subsidiary parts. The ● At the state level, the law departments of
Supreme Court, also known as the Apex the states deal with the issues of the High
Court, is the top court and the last appellate Court and the Subordinate Courts.
court in India. The Chief Justice of India is its
top authority. High Courts are the top Historical Background
judicial bodies in the states, controlled and ● The history of the present judicial system
managed by Chief Justices of States. may be traced back to the 18th century,
● Below the High Courts are District Courts, when the British started to establish their
also known as subordinate courts that are control in India.
controlled and managed by the District & ● The promulgation of the Regulating Act of
Sessions Judges. 1773 established the Supreme Court at
● The subordinate court system is divided into: Calcutta as a Court of Record, with full power
the civil court of which a Sub-Judge is the & authority. It was established to hear and
head followed by the munsif court at the determine all complaints for any crimes and
lower level; and the criminal court headed also to entertain, hear and determine any
by Chief Judicial/Metropolitan Magistrate at suits or actions in Bengal, Bihar and Orissa.
top. ● Further, two Supreme Courts were
● The other courts are the executive and established at Madras and Bombay in 1800
revenue courts which are managed and and 1823 respectively. In 1861, the Indian
controlled by the state government through High Courts Act was enacted, and steps were
the district magistrate and commissioner, taken to establish High Courts at Calcutta,
respectively. Madras and Bombay.The Supreme Courts
● Although the executive courts are not part of established earlier were abolished. These
the judiciary, various provisions and High Courts remained the highest courts in
judgments empower the High Courts and the both civil and criminal jurisdictions.

● Finally, in 1935, the Federal Court of India ● Thus, the doctrine relies more on the good
was established under the Government of sense of legislature and the strength of the
India Act 1935. After Independence, the public opinion in the country. Therefore, this
Supreme Court of India was inaugurated on doctrine confers limited powers on the
January 28, 1950 succeeding the Federal judiciary, which can extend protection for
Court of India. individuals only against arbitrary actions of
the executive and not against arbitrary
Underlying Principle actions of the legislature.
● Indian judiciary generally follows Procedure ● The India Constitution, under Article 21
established by law. The doctrine of provides only for procedure established by
‘Procedure established by Law’ originated in law. However, the Supreme Court in Maneka
England. It literally means “according to Gandhi vs. GOI, 1978 case interpreted the
usages and practises as laid down by the constitution to include the doctrine of due
statue”. process of law under it by incorporating the
● Under this doctrine, the court examines a principles of natural justice under Article 21.
law from the view of the legislative
competence and whether the prescribed
procedure has been followed by the Structure of Judicial System
legislature while passing the law. If an action ● The Indian Constitution has established an
of the executive is challenged before a court integrated judicial system with the Supreme
of law seeking protection from it then the Court at the top, followed by high courts and
court will subject the action of executive to subordinate courts.This unified judicial
following test: system enforces both central laws as well as
1. Whether there exists a law that authorises state laws.
the executive to take such an action. ● This integrated judicial system of India has
2. Whether the legislature was competent to been adopted from the Government of India
pass such a law. Act, 1935.Articles 124 to 147 of the Indian
3. Whether the legislature followed the Constitution deal with organisation,
established procedure while enacting the independence, Jurisdiction, powers,
law. procedures etc. of the Supreme Court.
Parliament has the power to make laws
regulating the constitution, organisation,
● If the above tests are satisfied the court will jurisdiction, and powers of the Supreme
uphold the executive action. The court will Court.
not go behind the fair and just nature and
reasonableness of the law and cannot
declare the law as unconstitutional however
arbitrary or oppressive the law may be
unless the law was passed without
procedural formalities.

Evolution of Judiciary the absolute power and responsibility to

● Dr. B.R. Ambedkar once said that “the declare what the law is.
people of a nation may lose confidence in ● There have been various instances in India
the Executive (The King), or the Legislature wherein the Supreme Court has delivered
but it will be an evil day if they lose their landmark judgments using the power of
confidence in its judiciary. The judiciary is judicial review. These instances include
the guardian of human rights and civil Shankari Prasad, Indira Gandhi,
liberties.” It is undeniable that the judiciary’s Kesavananda Bharati, Sajjan Singh, Minerva
traditional position is being transformed Mills, and many more cases.
towards a more active participatory role in Judicial Activism
order to deal with the evolving culture and ● As per the Black’s Law Dictionary, Judicial
community. Activism means “A philosophy of judicial
● Courts of today are not remaining passive, decision-making whereby judges allow
with the negative attitude of merely striking their personal views about public policy,
down a law or preventing something being among other factors, to guide their
done. The new attitude is towards positive decisions, usu. with the suggestion that
affirmative actions, and issuing orders and adherents of this philosophy tend to find
decrees directing remedial actions.Following constitutional violations and are willing to
are the tools used by Judiciary to exercise ignore precedent.”
check over other two organs(legislative and ● Judicial activism is an extension of judicial
Executive): review and a judicial ideology that
1. Judicial Review encourages judges to depart from
2. Judicial Activism conventional and established precedents
3. Judicial Overreach and adopt new progressive policies.In an
evolving world, judicial activism is a complex
Judicial Review phase of judicial orientation. Judicial
● The principle of Judicial Review comes into activism is the mechanism by which the
play in order to preserve the supreme law’s judiciary assumes the role of the legislature
integrity and freedom from the tyranny of and proposes new laws and regulations that
powers. Judicial review is the power granted the legislative body should have enacted
to the judiciary to examine statutory instead.
enactments made by legislative bodies.The ● In India, judicial activism took on a more
Constitution of India confers the power of compassionate face by the way of granting
judicial review to the Supreme Court under relief and bringing justice to the deprived
Article 32 and to the High Courts under people through PIL. In light of the nation’s
Article 226. enormous needs, the judiciary realised that
● The concept of judicial review was first used it, too, has obligations to the people, a
and developed by the American Supreme responsibility that it must perform in order
Court in the case of Marbury v. Madison to preserve the public’s faith in the judiciary
where it established that the judiciary has

● There are various other notable methods of Chief Justice of India) said- “…the judiciary should
judicial activism used which include the only compel performance of duty by the designated
expansion of the scope of fundamental authority in case of its inaction or failure, while a
rights (Article 21), interpretation of Directive takeover by the judiciary of the function allocated
Principles of State Policy and fundamental to another branch is inappropriate. Judicial activism
rights in a constructive manner, accessing is appropriate when it is in the domain of legitimate
international statutes to ensure judicial review. It should neither be judicial
constitutional rights, and exercising ‘adhocism’ nor judicial tyranny.”
supervisory powers. The acknowledgement of this difference between
“judicial activism” and “judicial overreach” is vital for
Instances of Judicial Activism the smooth functioning of a constitutional
● Bandhua Mukti Morcha, Neeraja democracy
Chaudhary, and People’s Union for
Democratic Rights - In these cases, the court Judicial Overreach
emphasised the issue of safeguarding ● The former Prime Minister Manmohan Singh
children’s educational, health, and once stated that “Courts have played a
development rights in promoting India’s salutary and corrective role in innumerable
democratic prosperity and directed the instances. They are highly respected by our
governments to follow measures to people for that. At the same time, the
formulate policies in this regard. dividing line between judicial activism and
● M. C. Mehta, Sheela Barse, Gaurav Jain, judicial overreach is a thin one.”
Lakshmi Kant Pandey, pronounced ● When the judiciary appears to have
landmark judgments in the field of child transgressed its jurisdiction, triggering a
welfare and development, acknowledging grave violation of the doctrine of separation
constitutional provisions as well as norms of powers, the term used for this situation is
expressed in international conventions on “judicial overreach” . It is also commonly
the subject. known as judicial adventurism.
● Vishakha v. State of Rajasthan, in this case ● With all active participation of the judiciary
judiciary played the role of legislature and in providing justice and taking steps for the
issued several guidelines for the prevention betterment of the society, numerous
of sexual harassment of women at instances have occurred in the country
workplace. where the judiciary has crossed its line and
● Murli S. Deora v. Union of India-The court in overreached into the legislative and
this case recognized the harmful and ill executive functions.
effects of smoking in public places to the
other people and the absence of any
statutory provision in this regard. It is one of Instances of Judicial Overreach
the most significant case of judicial activism ● The proactive censorship in the case of Jolly
There has been growing instances of Judicial LLB 2 was the first case where the court
Activism and in this regard Justice J S Verma (former acted as a censor, which is a violation of the

Cinematograph Act, 1952, as well as Article government. As a result of these actions, the
19(2) of the Indian Constitution. impression to the public is that of legislative
● Shyam Narayan Chouksey v. Union of India inaction. The judiciary by the way of positive
case- The hon’ble court delivered a activism can exercise its power when there
judgment imposing the patriotism of the is a gap or loophole in the law and court can
National Anthem making it mandatory to be fill it, when there is no law or legislature fails
played in the cinema halls/theatres before to enforce, but by judicial overreach it only
starting the film. It also made it mandatory hampers the social welfare or undermines
for the people to stand up there, all the the authority of other branches.
doors shall remain closed, and the National ● In certain situations, political, social, ethical,
Flag should be displayed on the screen. This environmental, economic, and expert
mandate by the court is a judicial overreach knowledge are required to understand and
as it is a guideline behind which there is no work effectively. So, in such a scenario, if the
law. judiciary goes beyond its bounds and
● State of Tamil Nadu v. K. Balu case - The renders a judgement despite having no prior
Supreme Court while dealing with a petition experience with the issue, it is detrimental to
for road safety, banned the sale of liquor the country and causes damage, as seen in
within the 500 meters of any national or the instance of the liquor ban.
state highway with the aim to ensure the ● Rule of Court –Dicey’s concept “La Principe
safety of the highway users. In this case, the de Legality” (i.e., rule of law) has distinct
court struggled to understand the value of features, such as supremacy of the law,
establishing a policy that should be equality before the law. Here, the rule of
grounded on some kind of test, before court indicates the judge’s ruling that is over
execution of any order. the law and that is clearly a sharp blow on
● Imposition of Emergency in Andhra the constitutional spirit. Judicial Overreach
Pradesh-The court ordered a judicial inquiry. signals the ruling of court is supreme to the
The judicial inquiry was on the subject of law, which is a blatant violation of separation
whether there is a “constitutional of powers.
breakdown” in the Jagan Mohan Reddy-led ● Judicial overreach demonstrates that the
government in the state. The power to see court will go its own way, disregarding the
whether there is constitutional breakdown principle of elective representation. It would
in any state belongs to the executive under erode people’s faith in democratic
the ambit of Article 356, and if so, it is the institutions and ultimately subvert
executive’s power to invoke it and not the democracy giving autonomy to the judges
judiciary. deciding matters that do not even fall under
the domain of judiciary.
Impact of Judicial Overreach
● Violation of the Doctrine of Separation of Need of the Hour- Judicial Restraint
Powers - It causes disunity among the ● The Supreme Court has on various occasions
legislative and judicial branches of highlighted the importance of judicial

restraint for the maintenance of the delicate Courts, and subordinate courts). Vacancy of judges in
balance of power of the different limbs in a courts is one of the reasons for delays and a rising
democracy number of pending cases, as there are not enough
● Justice Markandey Katju in Minor judges to hear and decide cases. As of today, more
Priyadarshini’s case has explained thus: “The than four crore cases are pending across all courts in
judiciary must therefore exercise self- India.
restraint and eschew the temptation to act (Shortage of judges and Judicial delay has been
as a super legislature. By exercising covered in our December magazine with
restraint, it will only enhance its own comprehensive scholar’s views. Refer to our
respect and prestige… Judicial restraint is previous edition for holistic understanding of this
consistent with and complementary to the topic)
balance of power among the three
independent branches of the state. It High vacancy of judges across courts
accomplishes this in two ways. First it not Vacancies in courts keep on arising periodically due
only recognizes the equality of the other to retirement, resignation, demise, or elevation of
two branches with the judiciary, it also judges. Over the years, the sanctioned strength of
fosters that equality by minimising inter- judges in both High Courts and subordinate courts
branch interference by the judiciary… has been increased gradually. However, vacancies
Second, it tends to protect the persist due to insufficient appointments. Between
independence of the judiciary… If judges act 2010 and 2020, vacancies increased from 18% to
like legislators or administrators it follows 21% across all levels of courts (from 6% to 12% in the
that judges should be elected like Supreme Court, from 33% to 38% in High Courts, and
legislators or selected and trained like from 18% to 20% in subordinate courts).
administrators. The touchstone of an
independent judiciary has been its removal
from the political and administrative Reasons for Judicial Pendency
process… Thus, judicial restraint ● Insufficient number of judges - India has
complements the twin, overarching values only 17 judges per million population and
of the independence of the judiciary and the nearly 5000 posts in subordinate courts are
separation of powers.” vacant. In contrast, the US has 151 and China
has 170 judges for a million populations. The
Law Commission in 1987 had proposed 50
Issues faced in the India Judicial System
judges per million populations.
● Overburdened judges: Judges in high courts
Judicial Pendency and Delay hear between 20 and 150 cases every day, or
an average of 70 hearings daily. The average
Recently, the Supreme Court collegium reiterated its time that the judges have for each hearing
recommendations for the appointment of 11 judges could be as little as 2 minutes.
to certain High Courts. The Indian judiciary faces high ● Majority of the time litigant is the
vacancies across all levels (the Supreme Court, High government of India: 46% of all litigation

across courts was cases or appeals filed by Incidents of allegation of sexual harassment against
state or central governments. the Chief Justice of India (CJI) made by a former
● Rise in acceptance of SLP- The Special Leave Supreme Court employee has triggered a debate
Petition cases in the Supreme Court, between judicial independence and judicial
currently comprises 40% of the court’s accountability.
pendency. This eventually leads to reduced Areas where Judicial Accountability has
time for the cases related to constitutional
been found lacking
issues.
Appointment and Removal of Judges. – The
● Limit on adjournments is not taken
collegium system in India presents a unique system
seriously- The laid down procedure of
wherein the democratically elected executive and
allowing a maximum of three adjournments
Parliament at large has no say in appointing judges.
per case is not followed in over 50 per cent
Impeachment of judges is a long-drawn-out and
of the matters being heard by courts, leading
difficult process along with its political overtone.
to rising pendency of cases.
Collegium System Functionality:
● Inadequate infrastructure due to Poor
The Collegium system consists of the Chief Justice of
share in budget - India spends only about
India and four most senior judges of the Supreme
0.09% of its GDP to maintain the judicial
Court for appointment and transfer of judges. Article
infrastructure..A 2016 report published by
124 and Article 217 of the Indian Constitution
the Supreme Court showed that existing
defines the appointment of judges of the Supreme
infrastructure could accommodate only
Court and High Court.
15,540 judicial officers against the all-India
Article 124 states – Every judge of the Supreme
sanctioned strength of 20,558. There is a
Court shall be appointed by the president by the
need to expand the concept of e-Courts.
warrant under his hands and seal and shall attain
During the pandemic, we observed the use
office until he attains the age of sixty five years.
of digital online systems to hold court
Article 217 states – Appointment and conditions of
sessions.
the office of a judge of a High Court- Every judge of
● Underutilisation of court managers and
High Court shall be appointed by the president by
management system - A dedicated post for
warrant under his hand and seal and shall hold the
court managers has been created to help
office until he attains the age of sixty two years.
improve court operations, enable efficiency
The collegium system originated in a series called
in case movement and judicial time.
three judges cases.
However, only a few courts have filled up
such posts so far. But more often their duties
● First Judges Case: S P Gupta Vs. Union of
are restricted to organising court events and
India And Ors.
running errands.
In this case the Court held that where there
is difference of opinion among the
Judicial Accountability Constitutional functionaries in regard to the
appointment of a judge in a High Court, the
opinion of none of the Constitutional

functionaries is entitled. However, judges. The collegium then should send its
Government of India should come to its own proposal to the President for his consent.
decision as to which opinion it should accept The 9 judges bench with the majority of 7:2
in appointing a particular person as a Judge ruled that the Articles 124 and 217 of the
where a judge of the Supreme Court is to be Constitution in this regard had to be
appointed, the Chief Justice of India is interpreted with “purposive and
required to be consulted, but again it is not contextual” construction method. So this
concurrence but only consultation and the finally set up a collegium of judges for
Central Government is not bound to act in appointment of judges as previously only
accordance with the opinion of the Chief suggested by the first judges case.
Justice of India.The ultimate power of ● Third Judges Case: - Once, the Proposal sent
appointment rests with the central by the Supreme Court collegium was not
Government and that is in accord with the wholly accepted by the Executive. The then
Constitutional practice prevailing in all CJI didn’t give in and he said “either all or
democratic countries. The case also none”. The primacy of the CJI continued and
suggested that there should be a collegium this made the executive file a reference
of judges for appointment and transfer of under Article 143 of the Constitution in the
judges. This case upheld the Primacy of name of the President for advisory opinion
Executive in appointment and transfer of of the Supreme Court. However, the
judges. executive didn’t question the correctness of
● Second Judges Case:- Supreme Court collegiate opinion nor did it question the
Advocates on Record Association Vs. Union judgement in the Second Judges Case! The
of India reference, thus, became futile with not
A decade after the judgement in the First much difference from the Second Judges
Judges case, the Supreme Court decided to case. The only thing that this reference
review the judgement. During emergency, improved from the Second Judges case was
the primacy of Chief Justice of India was to increase the number of the judges in the
proved to be disastrous with two senior collegium. The collegium was now to consist
most judges of the Apex Court being of the CJI and the four other senior most
superseded by their junior for the post of the judges of the Supreme Court. This reference
CJI. By overruling the first judges case, the case came to be known as “the Third Judges
second judges case decided that the CJI Case”.
should make proposals and appointments,
but it is not only him but there should be a Collegium Systems Transparency:
collegium consisting of him and two other The Collegium system has been criticised for closed
senior most judges of the Supreme Court door affairs and no transparency. No dedicated
for making proposals and appointment of mechanism to check personal and professional
judges. The CJI must consult the other backgrounds of prospective appointees. Collegiums
members of the collegium in making system field of choice to senior most judges from the
proposals for appointment and transfer of High Court for appointment to the Supreme Court,

neglecting several talented junior judges and perfect. No system is perfect, no one is
advocates. perfect, the society is not perfect and we all
For example- Justice Dinakaran appointed a judge of are from the society. We are not perfect.
Madras High Court even after corruption charges We cannot be, but we are a very important
against him. institution in a democracy.”
To reform this aspect of Judiciary, the government Contempt of Court

came up with NJAC(National Judicial Appointment
Commision) through the NJAC Act, 2014 to regulate There is a rise in incidents where India’s courts have
the procedure to be followed for recommending invoked its contempt powers to punish expressions
names for appointment as CJI and other judges of SC of dissent on purported grounds of such speech
and Chief Justices and judges of HCs and for their undermining or scandalising the judiciary’s
transfers.However the Supreme Court held NJAC as authority.Recently, the Supreme Court held that its
unconstitutional and void. The NJAC Act was power to punish for contempt under Article 129 is a
rejected by the majority of 4:1. constitutional power, which cannot be done away
Recently during debate on the High Court and with even by any law.
Supreme Court Judges (Salaries and Conditions of What is Contempt of Court?
Service) Amendment Bill, 2021, the Law Minister told According to the Contempt of Courts Act, 1971,
Parliament that there is growing favour towards contempt of court can either be civil contempt or
reintroducing NJAC. criminal contempt.Civil contempt means wilful
disobedience of any judgement, decree, direction,
Supreme Court's View on NJAC: order, writ or other process of a court, or wilful
● Justice J.S Khehar- “It is difficult to hold that breach of an undertaking given to a court.Criminal
the wisdom of appointment of judges can contempt, on the other hand, is attracted by the
be shared with the political-executive. In publication (whether by words, spoken or written, or
India, the organic development of civil by signs, or by visible representations, or otherwise)
society has not as yet sufficiently evolved. of any matter or the doing of any other act
The expectation from the judiciary to whatsoever which:
safeguard the rights of the citizens of this (i) scandalises or tends to scandalise, or lowers or
country can be ensured by keeping it tends to lower the authority of, any court; or
absolutely insulated and independent from (ii) prejudices, or interferes or tends to interfere
the other organs of governance.” with, the due course of any judicial proceeding;
● Former Chief Justice of India R M Lodha- (iii) interferes or tends to interfere with, or obstructs
“There is a misleading campaign to defame or tends to obstruct, the administration of justice in
the judiciary and repeated attempts have any other manner.
been made to spread incorrect information. In 2006, the government brought in an amendment,
If there is a campaign to defame the which now provides “truth” as defence provided it is
judiciary in the eye of the public, you are bonafide and in public interest.
doing great damage to a very important
organ of democracy. The world is not Punishment for Contempt of Court

● Section 12 of the Contempt of Court Act, above the law. It ensures one could not defy court
1971 deals with the punishment for orders according to one’s own free will.
Contempt of Court. The High Court and the
Supreme Court have been given the power Criticism
to punish someone for the Contempt of ● The discretion that a judge has in
Court. Section 12(1) of this Act states that a determining the contempt and its
person who alleged with the Contempt of punishment has been a debatable issue in
Court can be punished with simple the eyes of some scholars because the
imprisonment and this imprisonment can contempt power has given too much
extend to six months, or with fine which may authority to the Judges. Much of the
extend to two thousand rupees or can be of criticism goes around the due process or lack
both types of punishment. of restraint in the punishment for contempt
● However, an accused may be discharged or of court. Article 19(2) includes ‘contempt of
the punishment that was awarded to him court’ as a reasonable restriction on free
may be remitted on the condition that if he speech but its justification in its present form
makes an apology and this apology should is not tenable in a democracy.
satisfy the court then only he can be ● Rahul Donde- “Firstly, it is entirely
exempted from the punishment of dependent on the opinions and
Contempt of Court. Explanation of this predispositions of the judges. Secondly, the
sentence is that if the accused made an Act does not recognise one of the basic
apology in the bonafide then this apology principles of natural justice i e, no man shall
shall not be rejected on the ground that it is be a judge in his own cause. Thus, in
conditional or qualified.The court can not contempt proceedings, the court arrogates
impose a sentence for Contempt of Court in to itself the powers of a judge, jury and
excess of what is prescribed under the given executioner which often leads to perverse
section of this Act either in respect of itself outcomes. Thirdly, Section 14 of the Act
or of a court subordinate to it. empowers the court to summarily punish
alleged acts of contempt. In several cases,
judges caught in the heat of the moment
Significance of Contempt of Court have used this power to prosecute
Ensures the independence of the judiciary and individuals even though the contemptuous
of Judges in order to make sure they do not come act was of a trifling nature.”The contempt
under any kind pressure either from media criticisms of court in this country, unfortunately, is also
or by general public opinion and discharge their subject to the twin evils of favouritism and
duties without any kind of fear and favour or any nepotism. Thus, while the court did not
external influence. hesitate to imprison a poor Muslim for
Act as a deterrent and prevent scandalisation or requesting clemency from a Muslim judge in
lowering the authority of any court. Strengthen the the name of religion for contempt, it refused
court's image as legal authority and that no one is to take any action against the Shiv Sena
supremo Bal Thackeray in spite of the fact

that he had alleged corrupt electoral ● International comparison: In relation to the

practice by the judges. offence of ‘scandalising the Court’, the
● Analysing the contempt proceedings against Commission noted that the United Kingdom
Prashant Bhushan, Medha Patkar and had abolished the offence in its contempt
Arundhati Roy in relation to their opposition laws. However, it noted that there were two
to the Supreme Court decision in the differences in circumstances in India and the
Narmada Bachao Andolan case,S P United Kingdom, which warranted a
Sathe wrote: “Where fear of punishment continuation of the offence in India. First,
goes and one is willing to suffer, the India continues to have a high number of
deterrence of the punishment vanishes. criminal contempt cases, while the last
Further, when such persons have moral offence of Scandalising the Court in the UK
convictions, their suffering enhances their was in 1931. Second, the offence of
social esteem. If the court had punished Scandalising the Court continues to be
them, they would have gone up in public punishable in the UK under other laws. The
esteem and to that extent the court would Commission observed that abolishing the
have suffered erosion of its public esteem.” offence in India would leave a legislative
gap.
Observation of Law Commision on ● Source of contempt power: The Commission
observed that the superior courts (Supreme
Contempt of Court- 274th Law
Court and High Courts) derive their
Commission Report contempt powers from the
Constitution. The Act only outlines the
The report examined whether the definition of procedure in relation to investigation and
contempt in the Act should be restricted to civil punishment for contempt. Therefore,
contempt, i.e., wilful disobedience of judgments of deletion of the offence from the Act will not
court. The Commission concluded that there was no impact the inherent constitutional powers of
requirement to amend the Act, for the reasons the superior courts to punish anyone for its
stated below: contempt. These powers will continue to
● High number of contempt cases: The remain, independent of the 1971 Act.
Commission observed that there were a high ● Impact on subordinate courts: The
number of civil (96,993) and criminal (583) Constitution allows superior courts to punish
contempt cases pending in various High for their contempt. The Act additionally
Courts and the Supreme Court. The allows the High Court to punish for contempt
Commission observed that the high number of subordinate courts. The Commission
of cases justify the continuing relevance of argued that if the definition of contempt is
the Act. It stated that amending the narrowed, subordinate courts will suffer as
definition of contempt may reduce the there will be no remedy to address cases of
overall impact of the law and lessen the their contempt.
respect that people have for courts and their ● Ambiguity: The Commission observed that
authority and functioning. amending the definition of contempt will

lead to ambiguity. This is because the ‘Master of the Roster’ refers to the privilege of the
superior courts will continue to exercise Chief Justice to constitute Benches to hear cases.The
contempt powers under the Constitution. If term “Master of the Roster” was coined by former
there is no definition for criminal contempt Chief Justice of India, Justice Dipak Misra. He
in the Act, superior courts may give multiple declared that:
definitions and interpretations to what “The Chief Justice Is The Master Of The Roster And
constitutes contempt. The Commission He Alone Has The Prerogative To Constitute The
suggested retaining the definition for the Benches Of The Court And Allocate Cases To The
purpose of ensuring clarity. Benches So Constituted.”
● Adequate safeguards: The Commission
noted that there are several safeguards built Powers of the Chief Justice of India as “Master of
into the Act to protect against its the Roster”
misuse. For instance, the Act contains By upholding the convention followed by the
provisions which lays down cases that do not Supreme Court, the Chief Justice of India declared
amount to contempt and cases where himself as the “Master of the Roster”. The powers
contempt is not punishable. These that are included with the said title are:
provisions suggest that the courts will not ● Only the Chief Justice of India has the right
prosecute all cases of contempt. The to direct the formation of any bench to hear
Commission further noted that the Act had cases.
withstood judicial scrutiny, and therefore, ● The Chief Justice has the power to allocate
there was no reason to amend it. cases to judges, in short, he decides which
judge hears which cases and when.
It can be concluded that the right balance between ● The Roster of the Supreme Court is in the
freedom of speech and contempt powers of court exclusive domain of the Chief Justice of
can be achieved by the judiciary itself and the India.
judiciary must refrain from using this power as a
weapon. Criticism
Power concentration on a single person is against
Master of Roster the principles of democracy. There are allegations of
Few years back in 2018, four senior judges held a corruption in the courts. By giving power of deciding
press conference against erstwhile Chief Justice of the case, it violates the basic principle of law i.e. that
India Dipak Misra which is still fresh in the minds of no one should be a judge in his own case.According
the legal community. It was a sign of protest against to their experience and expertise in those subjects a
CJI’s power of being a Master of the Roaster. just and fair roster must be one that is divided
However the Supreme Court has time and again subject-wise among judges
expressed faith in this prerogative of the CJI, arguing
that the Master of Roaster system is necessary for
judicial discipline.
What is Master of Roaster?

Judges and Post-Retirement Positions- How post-retirement jobs can associate risk to the
judiciary?
It is the rule that the judges of the Supreme Court
● The judges are always considered
and the high court cannot practice after their
independent, and as people of wisdom and
retirement like the lawyers. They get a good pension
bravery or courage and their appointment,
but they are not permitted to practice after
period, or tenure of work, salary is always
retirement. This restriction is laid down on the
free from any influence and pressure of
judges because they should not feel obliged or
executive and legislative bodies. The
required during the period of holding the position as
powers, rights, and duties of the judges not
a judge to any other potential employers. The other
only apply while they are at the respective
reason is that they can easily influence their
courts but also apply when they are away.
colleagues in the judiciary if they get permission to
● In the case of Bombay vs. Uday Singh, the
practice. The Constitution of India says that once the
court had said that justice relies heavily on
high court judges get retired they cannot practice in
perception. The high court has given its
that court itself and the lower courts, but they can
opinion as the maintenance of the discipline
practice in other high courts and the Supreme Court.
in the judicial services is of most importance.
The Constitution doesn’t prohibit the judges of the
To highlight the sentence, the high court
Supreme Court and high courts from taking any post-
bench has mentioned that, the acceptability
retirement jobs and it also doesn’t restrict the power
of the judgement depends upon the
of government to appoint any retired judges for any
credibility of the honesty, integrity, conduct,
commissions or tribunals etc. The government
and character of the officer. If there is a lack
appoints retired higher judiciary judges as heads of
of integrity and character of the judicial
various commissions.
officer, the litigating public gets affected by
When the President nominated the former Chief
it.
Justice of India, Ranjan Gogoi to the Rajya Sabha, it
● The post-retirement jobs of the judges can
sparked a criticism regarding post-retirement
have a major effect on the integrity of the
appointments.
judiciary as well as judicial procurements
which are made by the judges before
Previous Instances
retirement. It is the fact that the judges are
Justice Ranganath Mishra- He was appointed to the
not only the people of wisdom but they are
Rajya Sabha six years after he demitted office as CJI.
also solitaires having large responsibility on
Justice Baharul Islam- He was a Rajya Sabha member
their shoulders.
and then became a High Court judge, then Supreme
● The judge is not only known by his
Court judge and finally became a Rajya Sabha
judgments but also by his behaviour and
member again.
character. The post-retirement actions of a
Justice Kawdoor Sadananda Hegde- He served as a
judge are not only restricted to himself but
member of the Rajya Sabha prior to his joining the
can hurt the pillars of the judicial system.
Madras High Court. He was sworn into the Supreme
Thus the public has put this burden on the
Court in 1967.
shoulders of persons with a high official of
institutional integrity. So if it deviates from

its immaculate values when the person is in Governments have to use discretion to
the position of a judge or after retirement, it balance these rights and interests. Several
can shake the roots or foundation of a scholars emphasised the essential role of
judiciary and hence it can cause huge harm courts in controlling governments in the
to democracy. fight against the pandemic. Ginsburg and
Versteeg describe that courts worldwide
The requirement of the cooling-off period have interfered with the governments’
● While delivering justice to a victim, responses to the pandemic.
independence and integrity have so much ● The Courts too were equally affected.
importance in the judiciary. Another most Whatever be the circumstances access to
important point is that the people who justice cannot be denied and just because of
approached the judiciary for justice should the lockdown, functioning of the courts
have faith in the judiciary system of the could not be suspended.
nation. It is very clear that the appointment
of judges post-retirement in the government Hence several proactive steps were taken by
authority can easily shake the support courts to function even in times of Pandemic:
system, pillars of the judiciary. ● Virtual Hearing- More than 150,000 virtual
● But one cannot decline the experience and hearings were conducted by the top court
knowledge possessed by the judges till their since the pandemic began. The E-Committee
retirement. A mechanism of cooling off must of the Supreme Court came out with uniform
be present in order to avoid any conflict of rules for videoconferencing and applied it
interest. throughout all high courts. It even framed
International practice model rules for live streaming and recording
The United Kingdom and Australia don’t have the of court proceedings. Meanwhile, the
expressed provisions regarding the prohibition of Supreme Court has opened for physical
post-retirement jobs or engagement in politics of the hearing of cases but the option of providing
judges but their guide to judicial conduct has an online link is kept open for lawyers on all
recommended avoiding any such activities which working days. Virtual court in the time of
may cause harm to the reputation of the judiciary. Pandemic had made important rulings such
as on vaccine roll-out, Covid death
Recent issues in news: compensation, repatriation of migrant
workers, and the mandate to secure
Role of judiciary in pandemic education of children who lost their parents
or caretakers due to Covid.
● Lockdown, quarantine, social distancing,
● Judicial Activism- Committee to check
facemask policies, and contact tracing
Pegasus spyware case. Amid concerns of
protect the right to life and health during the
whether the surveillance was State-
corona-crisis. They also drastically limit
sponsored, the Supreme Court entertained a
fundamental rights and freedoms and come
clutch of petitions demanding an
with high social and economic costs.
independent probe into the matter, terming

any such action to be a violation of right to high courts to trivialise sex crimes. It set
privacy and freedom of speech of a citizen. aside an order by the Madhya Pradesh high
● Armed Forces- The top court opened the court asking a man, who molested a woman,
gates of the prestigious National Defense to get a rakhi tied on his hand by the victim.
Academy to women for the first time in 65 The court said such orders trivialized the
years. By a judicial order, it ended the trauma of the victim and may result in
discrimination existing at the premier normalizing a crime. The top court passed a
military training institute and extended its slew of directions underlining the need for
order further to Indian Naval Academy and training modules to sensitize judges on this
the Dehradun-based Royal Indian Military aspect.
College. Forcing a mindset change in the ● Policy Scrutiny- Allowed the Char Dham
army after its order last year that road expansion project on three feeder
guaranteed permanent commission for roads leading to India-China border keeping
women, the court fast-tracked preparations the interest of the Army in mind that
to admit women cadets to apply and get required wide roads to move machinery,
trained beginning this year itself.Even on the artillery to the border regions and Clearing
permanent commission (PC) front, the top Central Vista project.
court rallied in favor of women with order Indian Judiciary did impeccable work in some
after order to call out as unrealistic domain. However as far as the objective was making
yardsticks imposed by the Indian Army for justice accessible to all even during pandemic and
women to get PC. Later, the court monitored judicial governance, the role played by Judiciary in
the implementation of its orders to ensure these unprecedented times was beyond
full justice to women Short Service appreciation. But judicial activism and overreach
Commission officers. must be avoided and especially the attitude that
● Gender sensitisation- Taking a strict view on Judiciary many times project towards executives - “if
crimes against women and children, the you do not do it, we will do it ourselves”.
Supreme Court ruled that “skin-to-skin”
contact is not an essential requirement for
convicting persons charged for sexual
assault against children under the special
legislation of Protection of Children against Corruption In Judiciary
Sexual Offences Act (POCSO). The court set
aside two judgments of the Bombay high Premise: December 10, 2021, was a dark day in the
court that prescribed this rule to release two history of the Indian judiciary, particularly the
accused persons who had touched the child Supreme Court of India’s. In a televised interview ,
inappropriately through her clothing and not where the pointed question was on whether there is
her bare skin. By this, the court ended the corruption in the Supreme Court of India, the former
escape route for sex offenders charged Chief Justice of India, Justice Ranjan Gogoi , said:
under this law.The court also stepped in to “Corruption is as old as society. Corruption has
address a trend among some trial courts and

become an acceptable way of life and judges don’t ● Accuse the Indian judiciary of repeatedly
fall from heaven.” burying corruption by its own members
under the carpet.
Several Instances of Corruption in Judiciary
● In December 2021, the CBI filed its charge Justice V R Krishna Iyer
sheet against retired Allahabad High Court “The judicature, a sacred instrument with great
Judge Justice S.N. Shukla in a corruption case powers to punish corruption, is itself corrupt. Not a
for allegedly favoring a private medical single corrupt judge has been caught or punished.”
college on his orders. CBI made direct
allegations of corruption against a sitting Lavanya Rajmani-
judge of the Lucknow bench of the Allahabad While Supreme Court's fears of executive curtailing
High Court when it booked Justice Narain "judicial independence" were not unwarranted, the
Shukla for receiving illegal gratification for current system is also controversial. There is no
allegedly favoring a medical college in a case. published criteria of appointment and a high degree
● No smoke without fire- During the tenure of of opacity exists in appointments.
Mr Dipak Mishra and Mr Gogai, some of
the cases relating to capitalism were sent to Pratap Bhanu Mehta
the same bench headed By Justice Arun ● In "Public Institutions of India" calls the
Mishra and in all cases, Capitalist won. judiciary as a self-perpetuating, paradoxical
● Justice C S Karnan made serious allegations (tremendous power with limited
of corruption against Supreme Court judges accountability), and highly political
in May 2017. For this he was sentenced to six institution.
months in prison for making allegations of ● Its activism stifles public opinion, stigmatizes
corruption. executives, and is self-congratulatory.
● In Gujarat, two judges of the lower judiciary ● Instead of "overlapping consensus",
were arrested for allegedly taking money to judgements are shaped by "individual
settle cases during their posting at Vapi court prejudices" of judges to "grab headlines",
in 2014.Similarly, In April 2018, three judges even though routine access to justice
of lower courts in Telangana were arrested remains elusive.
for possessing assets disproportionate to
their known sources of income. Justice Ranjan Gogoi
Scholar’s Views: “Corruption is as old as society. Corruption has
become an acceptable way of life and judges don’t
Justice Markandey Katju fall from heaven. ``
● “My assessment is that 50% of the higher
judiciary has become corrupt,”
● “I accuse it of being hypocritical by speaking
against corruption by politicians and
bureaucrats, but deliberately protecting its
own corrupt brethren.”

Judicial Alternative dispute mechanism legislations. The bill adopts the view of the
Supreme Court in the 2010 Afcons judgment
Premise: The Mediation Bill, 2021 was introduced in that “mediation” and “conciliation” are
Rajya Sabha on December 20, 2021. Mediation is a synonymous.
form of alternative dispute resolution (ADR), where Key features of the Bill:
parties attempt to settle their dispute (outside ● Applicability: The Bill will apply to mediation
courts) with the assistance of an independent third proceedings conducted in India where:
person (mediator). The Bill seeks to promote 1. all parties reside in, are incorporated
mediation (including online mediation), and provide in, or have their place of business in
for enforcement of settlement agreements resulting India,
from mediation. 2. the mediation agreement states
that mediation will be as per this Bill,
● In India, mediation’s beginnings date back to or
amendments to Section 89 of the Code of 3. there is an international mediation
Civil Procedure, 1908, which brought in (i.e., mediation related to a
court-annexed mediation, the Arbitration commercial dispute where at least
and Conciliation Act, 1996, which designed one party is a foreign government, a
the use of mediation without court foreign national/resident, or an
intervention, the 2005 Salem Bar entity with its place of business
judgement, which upheld the amendments outside India).
and directed rules to be framed to In these cases, if the central or state
implement it, and the 2010 Afcons government is a party, the Bill will only apply
judgement, which explained and clarified to:
the enactments, correcting legislative (a) commercial disputes, and (b) other
missteps. disputes as notified by such government.
● With the pendency of cases crossing the 45- ● Pre-litigation mediation: In case of civil or
million mark, burdening the three-tier commercial disputes, a person must try to
justice delivery system, Chief Justice of India settle the dispute by mediation before
(CJI), justice NV Ramana, in his address at the approaching any court or certain tribunals as
inaugural Singapore-India Mediation notified. Even if the parties fail to reach a
Summit, 2021, stated that mediation should settlement through pre-litigation mediation,
be made mandatory as the first step for the court or tribunal may at any stage of the
dispute resolution and a law should be proceedings refer the parties to mediation if
framed in this regard. they request for the same.
● The demand for a separate mediation law ● Disputes not fit for mediation: Disputes not
has led to the formation of the Mediation fit for mediation include those:
Bill, 2021, which intends to provide sanctity (i) relating to claims against minors or
to the process as well as provide a common persons of unsound mind,
platform for its practice and remove (ii) involving prosecution for criminal
inconsistencies between existing offenses,

(iii) affecting the rights of third parties, and (ii) recognising mediation service providers
(iv) relating to levy or collection of and mediation institutes (providing training,
taxes. The central government may amend education and certification of mediators).
this list of disputes. ● Mediated settlement agreement:
● Mediation process: Mediation proceedings Agreements resulting from mediation must
will be confidential. A party may withdraw be in writing, signed by the parties and
from mediation after the first two mediation authenticated by the mediator. Such
sessions. The mediation process must be agreements will be final, binding, and
completed within 180 days (even if the enforceable in the same manner as court
parties fail to reach an agreement), which judgments (except agreements arrived at
may be extended by another 180 days by the after community mediation). Mediated
parties. In case of court annexed mediation settlement agreements (besides those
(i.e., mediation conducted at a mediation arrived at in court referred mediation or by
center established by any court or tribunal), Lok Adalat or Permanent Lok Adalat) may be
the process must be conducted in challenged only on grounds of:
accordance with directions or rules framed ● (i) fraud, (ii) corruption, (iii) impersonation,
by the Supreme Court or High Courts. or (iv) relating to disputes not fit for
● Mediators: Mediators only assist the parties mediation.
to settle their dispute, and cannot impose a ● Community mediation: Community
settlement on them. Mediators may be mediation may be attempted to resolve
appointed by: disputes likely to affect the peace and
(i) the parties by agreement, or harmony amongst residents of a locality. It
(ii) a mediation service provider (an will be conducted by a panel of three
institution administering mediation). mediators
Mediators must disclose any conflict of ● Interface with other laws: The Bill will
interest that may raise doubts on their override other laws on mediation (except
independence. Parties may then choose to certain laws such as the Legal Services
replace the mediator. Authorities Act, 1987, and the Industrial
● Mediation Council of India: The central Relations Code, 2020). The Bill also makes
government will establish the Mediation consequential amendments in certain laws
Council of India. The Council will consist of a (such as the Indian Contract Act, 1872, and
chairperson, two full-time members (with the Arbitration and Conciliation Act, 1996).
experience in mediation or ADR), three ex-
officio members (including Secretaries in the In conclusion, mediation, being the cheapest and
Ministries of Law and Justice and Finance), simplest option available to the public at large, can
and one part-time member (from an be described as a tool of social justice. A separate
industry body). Functions of the Council legislation for mediation and rules will indubitably
include: address most concerns around the mediation
(i) registration of mediators, process and pave the way for making mediation the
first-stop dispute resolution method for domestic

and cross-border disputes. In addition to the reforms ● Prescribe time limits for all court cases in
discussed above, a great deal of shift in mindset of order to deal with the issue of pendency;
stakeholders, awareness about the process, and ● Utilize technology to develop an efficient
redefining our approach to mediation is essential for digital resource management system and to
growth and sustainability of the mediation practice increase the productivity of courts.
in India. ● Establish an internal institutional
mechanism to deal with corruption among
judges.
Reforms needed in Indian judiciary ● Further develop the use of fast-track courts.
● Increase the number of trial courts at the
In order to successfully reform the judiciary in India intermediate panchayat level, and provide
into a service that provides legal justice for all. The ‘mobile courts’ to bring justice to people’s
government must: doorstep.
● Encourage citizens more towards the
alternate dispute resolution methods.
● Improve the quality of the judges appointed,
and employ qualified staff and adequate
resources and equipment.
● Promote the values of equality, speed and
quality which should be practiced by judges
and lawyers.

CURRENT AFFAIRS ANALYSIS
CHINA: STRENTNING THE IMPASSE?
China’s new law on land borders came into effect incidents which threaten the security of
from 1st January 2022. border residents such as biological and
chemical accidents, natural disasters, and
public health incidents.
● It comes at a time when border standoff in ● International Cooperation: On the topic of
eastern Ladakh remains unresolved and its border-sharing countries, the law lays
several places in Arunachal Pradesh have down that the relations with these countries
been renamed recently by China as part of are to be based on principles of “equality
its claim on the Indian state. and mutual benefit”.
● Delimitation and Survey of Land ● Further, the law provides for provisions for
Borders:The new law lays down that the the formation of joint committees, both civil
People’s Republic of China (PRC) shall set up and military, with the said countries to
boundary markers on all its land borders to negotiate land border management and
clearly mark the border. resolve border-related issues.
● Management and Defence of Border ● The law also stipulates that PRC should abide
Areas:The People’s Liberation Army (PLA) by the treaties on land borders that it has
and Chinese People’s Armed Police Force are signed with the respective countries and all
assigned the responsibility of maintaining border issues are to be settled through
security along the border. negotiations.
● This responsibility includes cooperating with
local authorities in combating illegal border Concerns
crossings. The law prohibits any party from ● On the face of it, the law merely provides the
indulging in any activity in the border area framework for border management and
which would “endanger national security or development. However, Articles 3 and 4
affect China’s friendly relations with have serious ramifications for India and
neighbouring countries”. Bhutan, which are the only two out of 14
● Even citizens and local organisations are neighbouring countries that still have
mandated to protect and defend the border unsettled border disputes with China.
infrastructure. ● As per Article 3, “land borders refer to the
● Finally, the law provides for the border to be boundaries that demarcate the territorial
sealed in the event of a war, armed conflict, land and internal waters of the People’s

Republic of China and its neighbouring ecological disaster in India and call it a lawful
countries.” Article 4 states: “The sovereignty action on its part.
and territorial integrity of the People’s
Republic of China are sacred and inviolable.” China renames 15 places in Arunachal
● Chinese maps show the entire Arunachal
Pradesh.
Pradesh, Barahoti Plains in Uttarakhand
and areas up to the 1959 Claim Line in
Ladakh as part of its territory. The ● China has renamed 15 places in Arunachal
implications for India are that all territory Pradesh in its own language to buttress its
usurped, militarily seized or likely to be in claim on the north-eastern state of India,
future, will be considered to be Chinese even as the 20-month-long military stand-off
sovereign territory, the integrity of which is along the disputed boundary between the
sacred. two neighbouring nations has not yet been
● In addition, China asserts absolute control resolved.
over its internal rivers disregarding the ● Beijing claims 90,000 sq km of areas in
interests of riparian states. Arunachal Pradesh of India as part of the
● Land Border Law prohibits the construction territory of China and calls it Zangnan or
of permanent facilities near China’s borders south Tibet.
without permission from Chinese
authorities. The vague wording is likely to be The ground of its claim
interpreted to include both sides of the ● The McMohan Line, named after Henry
border, creating the potential for additional McMahon, the chief British negotiator at
friction. Shimla, was drawn from the eastern border
● More so, when Chinese maps show vast of Bhutan to the Isu Ragzi pass on the China-
tracts of Indian territory as being part of it. Myanmar border. China claims territory to
China will endeavour to prevent India’s the south of the McMahon Line, lying in
infrastructure development using military Arunachal Pradesh.
and diplomatic coercion under the umbrella ● The Chinese representative did not consent
of the new law. Let us not forget that India’s to the Simla Convention, saying Tibet had no
development of border infrastructure in independent authority to enter into
Eastern Ladakh was the root cause of China’s international agreements.
actions. ● China also bases its claims on the historical
● There is also the possibility of limiting the ties that have existed between the
water flow in the Brahmaputra or Yarlung monasteries in Tawang and Lhasa.
Zangbo river which flows from China into ● The “first batch” of renamings in 2017 had
India as the law calls for “measures to come days after the Dalai Lama visited
protect the stability of cross-border rivers Arunachal Pradesh, against which Beijing
and lakes”. had lodged a strong protest. Spokesperson
● China might cite this provision in the case of Lu had, however, claimed that the
hydropower projects which may cause an “standardisation” was necessary since all

names used in “southern Tibet” were Bridge being built by China on the
inherited through word-of-mouth for
Pangong Tso
generations by minority ethnic groups.
● According to Chinese officials “These names
reflect and indicate from one aspect, that
China’s proposal on the sovereignty claim of
South Tibet region has a prominent
historical, cultural, administrative and
jurisdictional basis,”.
Government of India's Stand
● Such unilateral move will have no bearing on

the arrangements that both sides have
already reached earlier, whether it is on the
boundary question or for maintaining peace
and tranquillity along the LAC in India-China
border areas,”
● China is building the bridge, about 400 m
Concerns
long and 8 m wide, close to the friction
● As its Maritime Police Law and Maritime
points on the north bank of the Pangong Tso,
Traffic Safety Law signalled its intent to
and the Chushul sub-sector on the south
aggressively assert its expansive claims on
bank. It will help China mobilise troops
the South China Sea and the East China Sea,
quicker if needed.
China’s new Land Border Law, which will
come into force on January 1, too indicates
its resolve to manage its demarcated
How does the bridge help China?
boundaries with other nations and seek
settlement of the boundary disputes with ● Its main objective appears to be the quick
India and Bhutan on its terms. mobilisation of PLA troops between the two
● Emphasis on the development of villages banks at one of the lake’s narrowest points.
and towns in the border areas and the role The Kailash range is around 35 km west of
of civilians in protecting sovereignty and the bridge site.
territorial integrity indicates that China ● According to security establishment sources,
would expand settlements all along its when India carried out this operation,
disputed boundaries with India and Bhutan. Chinese troops could not mobilise as quickly
as they might have wanted; they had to go
around difficult terrain on the north bank

and double back on even tougher terrain on ● “There has been a diplomatic response by
the southern bank to get to Chushul. the ministry of external affairs. So, that puts
● The bridge will enable Chinese troops to the record straight. As far as the situation on
simply cross over, slashing travel time to the the ground is concerned, currently, there is
Kailash range from about 12 hours to about no option but to hold the line — we simply do
four hours. not have the capability of actually going
● Damien Symon, a geospatial intelligence about violently seeking the vacation of
expert with The Intel Lab, a collaboration of territory, which is ours and has been
intelligence experts-“development of this infringed upon by them. The only thing that
bridge” appears to “strengthen the idea of you can do is to make certain that further
permanency being established by Beijing in ingress is not possible,”.
the region, committing to its territorial ● “There are large parts of the border where
claims with India by modifying the we are in a better position. Is it possible that
unforgiving landscape in its favour”. whenever there is some provocation like this,
we have the ability to instantly create an
What is India’s response? ingress on the other side, so that you have
● Army Chief General M M Naravane -like something to bargain with? It requires
China, India too is upgrading and developing restructuring of some of your border forces
infrastructure along the northern border in a capability to be almost commando-like.”
holistic manner including “roads, tunnels,
all-weather connectivity, strategic railway
LT GEN H S PANAG (RETD)
lines, additional bridges, storage facilities”
● Militarily, we must ensure Indian footfall by
for supplies. “Major efforts have also been
dotting the LAC with Indo-Tibetan Border
undertaken to what all dual-use
Police posts backed by rapid response forces
infrastructure is there which can be made
in the form of Integrated Battle Groups
use of, which is available in the civil domain”.
operating from well-developed military
● Additional troops have been inducted, and
bases. A herculean effort needs to be put in
infrastructure and billeting facilities created
to reduce the military capability differential
for 25,000 additional troops who had gone
with China. Take the nation into confidence
into these areas.
and raise the necessary capital by imposing
● In 2021, over 100 projects were completed
defence specific taxes.
by the Border Roads Organisation in the
● The Land Border Law of China is a wake-up
border areas, most of which were closer to
call for India. In my view, existing
the border with China. India is also
treaties/agreements/protocols
improving surveillance along the border,
notwithstanding will become the
along with building new airstrips and landing
cornerstone of China’s future strategy to
areas.
resolve the border disputes on its preferred
terms. Today we may lack the military
capability to seize our territory back, but we
Shyam Saran

must not allow China to nibble it away using

the facade of economic development.
The Ukraine Crisis Explained.

● Russian Interest in Black Sea: The unique
geography of the Black Sea region confers
several geopolitical advantages to Russia.
● Firstly, it is an important crossroads and
strategic intersection for the entire region.
● Access to the Black Sea is vital for all littoral
and neighboring states, and greatly
I enhances the projection of power into
several adjacent regions.
Why in News ● Secondly, the region is an important transit
● Recently, the US intelligence reports said the corridor for goods and energy.
tension on the Russia-Ukraine border ● Protests in Ukraine:Euromaidan Movement:
Euromaidan (European Square) was a wave
represents a major security crisis for the
of demonstrations and civil unrest in
region, with the potential to snowball into a
Ukraine, which began in November 2013
broader conflict.Ukraine says that Russia has
amassed around 90,000 troops at the with public protests in Maidan Nezalezhnosti
border. ("Independence Square") in Kyiv, Ukraine.
● The protests were sparked by the Ukrainian
government's decision to suspend the
Cause of Conflict: signing of an association agreement with the
● Balance of Power: Ever since Ukraine split
European Union, instead choosing closer ties
from the Soviet Union, both Russia and the
to Russia and the Eurasian Economic Union.
West have viewed it for greater influence in
● Separatist Movement: The Donbass region
the country in order to keep the balance of
(the Donetsk and Luhansk regions) of
power in the region in their favour.
eastern Ukraine has been facing a pro-
● Buffer Zone for Western Countries: For the
Russian separatist movement since 2014.
US and the European Union, Ukraine is a
● According to the Ukrainian government, the
crucial buffer between Russia and the West.
movement is actively supported by the
● As tensions with Russia rise, the US and the
Russian government and Russian
EU are increasingly determined to keep
paramilitaries make up between 15% to 80%
Ukraine away from Russian control.
of the separatists fighting against the
Ukraine government.

● Invasion of Crimea: Russia seized Crimea strategic importance & a potential maritime
from Ukraine in what was the first time a flashpoint.
European country annexed territory from ● Minsk Agreements: Minsk I: Ukraine and the
another country since World War-2.The Russian-backed separatists agreed a 12-
annexation of Crimea from Ukraine followed point ceasefire deal in the capital of Belarus
a Russian military intervention in Crimea in September 2014.Its provisions included
that took place in the aftermath of the 2014 prisoner exchanges, deliveries of
Ukrainian revolution and was part of wider humanitarian aid and the withdrawal of
unrest across southern and eastern Ukraine. heavy weapons. The agreement quickly
● The invasion and subsequent annexation of broke down, with violations by both sides.
Crimea have given Russia a maritime ● Minsk II: In 2015, an open conflict was
upperhand in the region. averted after the ‘Minsk II’ peace agreement
● Ukrain’s NATO Membership: Ukraine has was signed, under the mediation of France
urged the North Atlantic Treaty Organization and Germany. It was designed to end the
(NATO) to speed up his country’s fighting in the rebel regions and hand over
membership in the alliance. the border to Ukraine’s national troops.
● Russia has declared such a move a “red line”, ● It was signed by Representatives of Russia,
and worried about the consequences of the Ukraine, the Organisation for Security and
US-led military alliances expanding right up Cooperation in Europe (OSCE) and the
to its doorstep. leaders of two pro-Russian separatist
● The Black Sea is bordered by Bulgaria, regions.OSCE is the world's largest security-
Georgia, Romania, Russia, Turkey and oriented intergovernmental organisation. Its
Ukraine. All these countries are NATO mandate includes issues such as arms
countries. control, promotion of human rights,
● Due to this faceoff between NATO countries freedom of the press, and fair
and Russia, the Balck sea is a region of elections.Current Situation:
Black Sea
● The Black Sea is located between Eastern Europe and Western Asia.
● It is surrounded by the Pontic, Caucasus, and Crimean Mountains in the south, east and north
respectively.
● The Black Sea is also connected to the Sea of Azov by the Strait of Kerch.
● The Turkish straits system - the Dardanelles, Bosporus and Marmara Sea - forms a transitional zone
between the Mediterranean and the Black Sea.
● Bordering countries of Black Sea are: Russia, Ukraine, Georgia, Turkey, Bulgaria and Romania.
● There is a significant absence of oxygen in the water (anoxic waters).

Why Ukraine is so important for Russia? security and protect its ability to
● Political significance: Since the Cold War “weaponise” energy supplies. Most analysts,
ended, NATO has expanded eastwards by though, consider it unlikely that Russia
taking in 14 new countries, including the would attempt to seize and defend large
states of the former Warsaw Pact and the swathes of Ukrainian territory because the
three Baltic nations that were once in the military cost would be too high.
Soviet Union. ● Historical ties: The two countries speak
● Russia saw this as a threatening closely related languages and later formed,
encroachment towards its borders and with Belarus, the Slave core of the Soviet
continues to say it was a betrayal of Western Union. Many Russians feel a connection with
promises at the start of the 1990s – Ukraine that they do not feel with other
something the United States and its allies former Soviet republics in the Baltics,
deny. Caucasus and Central Asia. As part of the
● Ukraine is not a NATO member but has a Soviet Union, Ukraine was the second-most
promise dating from 2008 that it will powerful Soviet republic after Russia, and
eventually get to join. Since toppling a pro- was crucial strategically, economically and
Russian president in 2014, it has become culturally.
closer politically to the West, staged joint
military exercises with NATO and taken What is Russia demanding?
delivery of weapons including U.S. Javelin
anti-tank missiles and Turkish drones. The draft security treaty between Russia and the
● Putin says Ukraine’s growing ties with the West
alliance could make it a launchpad for NATO ● Recently, Russia published a draft security
missiles targeted at Russia. He also called for treaty that it wanted to sign with the West
the military alliance to withdraw its presence to immediately withdraw the troops.
in Eastern Europe. This would mean that Significant provisions of the treaty include,
NATO countries would have to pull out all ● 1. Assurance from the US that Ukraine and
their combat units from Poland, Latvia, Georgia — two former Soviet Republics —
Estonia, and Lithuania. should not be inducted into NATO, 2. The US
● Geography and resources: Ukraine is the led alliance should reduce its deployments in
second biggest country in Europe after Central and Eastern Europe.
Russia itself, has major ports on the Black ● Apart from that, Russia is also proposing an
Sea and shares borders with four NATO agreement on reducing provocative military
countries. It is a major exporter of corn and activity on its borders.
wheat. Europe depends on Russia for about
one third of its natural gas – providing How has the west responded?
leverage for Putin in any dispute with the ● The EU has often blamed Russia for its recent
West – and one of the main pipelines passes problems as tensions grew scathingly over
through Ukraine. the Russia–Ukraine issue and the migrant
● Controlling the Ukrainian territory that it crisis on the Belarus–Poland border.
crosses would enhance Russia’s pipeline

● The UK Prime Minister Boris Johnson had

warned Russia against any form of military
adventurism in Ukraine or Poland; however, Global consequences of the
Kremlin officials were quick to retaliate by Ukraine crisis:
asking Europe not to blame Russia for all its ● Fourteen thousand people have died in the
problems. battle between Kiev and pro-Russia rebels in
● NATO forces voiced a united opinion against the east of the country. Out of these, 3,393
the Russians and urged the Kremlin to be deaths were of civilians, according to the UN
more transparent, de-escalate, and reduce Office of the High Commissioner for Human
tensions, however, failing to abide would Rights’s October 2021 report.If the conflict
lead to Russia facing economic and political continues it would cost more human lives.
crisis. The US and Britain have warned Russia ● A potential invasion of Ukraine by
against any new military aggression against neighbouring Russia would be felt across a
Ukraine as the transatlantic allies look to number of markets, from wheat and energy
strengthen NATOs defence, resilience, and prices and the region's sovereign dollar
capacity. bonds to safe-haven assets and stock
● Ukraine is not a NATO member, therefore markets.It will impact the prices of energy ,
Article 5 of the NATO treaty which highlights food grains and may lead to inflation.
“Collective Defense” does not apply to ● Andreas Umland (Political scientist):
Ukraine, but NATO member states consider o The “Ukraine Crisis” will have
Ukraine as a highly valued partner. various repercussions for
● NATO members have provided political and international relations beyond
practical support to Ukraine as the former Eastern Europe. The crisis, in
German Foreign Minister Heiko Maas had connection with the devaluation of
reiterated on sending an unmistakable Ukraine’s 1994 Budapest
message to the Russian government and Memorandum on Security
promised NATO’s support for Ukraine. Assurances, is undermining
● Moscow, however, has demanded a legally worldwide efforts against the
binding agreement that would assure NATO proliferation of weapons of mass
will not expand eastwards or place its destruction.
arsenal near Russian territory. o It is having an increasingly salient
● The EU’s position is compromised as it negative impact on Russia’s
braces itself for a cold winter marred by economy and position in the world,
rising energy prices and demand, a fourth and will thus inflict lasting damage
COVID wave, anti-lockdown protests across on an important actor in
Europe, the threat of a new migrant crisis at international affairs. The “Ukraine
the Belarus–Poland border. Crisis” is preventing the further
● The US and its allies have threatened to European integration of Russia, and
impose severe economic sanctions if Russia thus the creation of a Greater or
engages in fresh aggression against Ukraine. Wider Europe, as well as a common

trade and security area from Lisbon Russia.Immediately, it could result in

to Vladivostok. CAATSA sanctions on India on account of the
o The currently popular idea that S-400 purchase.
Moscow would be able to replace its ● Impact on India’s defence Sector: There
partnership with the West by a Sino- could be a demand for India to cut defence
Russian alliance is unsustainable. In ties with Russia across the board. But, this
view of Russia’s declining economic will not be not easy for India to contemplate
weight and China’s growing since its armed forces are heavily dependent
geoeconomic might, a mutually on Russian spares and equipment.
satisfactory, close partnership ● If India fails to cut down defence ties, then
between Russia and China is US and western countries might reduce their
unlikely. defence and other relations with India. Or,
o Russia’s economic recession and Russia might ask India to cut down its
political isolation weakens it in its defence ties with the western countries. For
relationships not only with the West, instance, Russia might not allow India to
but also with Asia. Moscow’s “turn purchase any western fighter planes such as
to the East” has little prospects for F-21, Gripen, F-35 etc.
success. ● Impacts on the stability in Asia: Any rupture
with the West would push Russia towards
What is India’s stand on the present Russia-Ukraine even closer ties with China and growth in
conflict? Russia-Pakistan relations. This will
● India did not join the Western powers’ in accelerate Chinese influence in Asia and
condemning Russian intervention in Crimea create hardships for India to negotiate peace
and kept a low profile on the issue. In with China on border issues.
November 2020, India voted against an
Ukraine-sponsored resolution in the United Tanvi Madan
Nations (UN) that condemned alleged ● What happens in Europe will not stay in
human rights violations in Crimea. Europe. In 2014, the Russian annexation of
● India advocates “sincere and sustained Crimea created problems for India. And if
diplomatic efforts to ensure that issues Moscow again takes military action against
between Ukraine and its neighboring Ukraine, it will significantly complicate
countries are resolved through constructive India’s objectives vis-à-vis Russia, China, the
dialogue.” US, Europe, and even Ukraine.
● For one, it would hinder Delhi’s interest in
What would be the implications of a Russian preventing a further deepening of Russia’s
invasion for India? ties with China. Potential Russian military
● Pressure on India to choose sides: A Russian action against Ukraine and western backlash
invasion and a rupture with the US and its would mean that Moscow will need Beijing’s
allies would lead to pressure on India to diplomatic support even more.
choose between the Western alliance and

● Beyond the strategic challenge that a close partners. A crisis nearer home could reduce
Sino-Russian partnership poses for India, a the latter’s increased attention to Asia,
Moscow that is more beholden to Beijing especially India.
would be particularly problematic at this ● India has economic and defence trade ties
moment when India is dependent on Russian with Ukraine, as well as 7,500-odd citizens
military supplies and Sino-Indian border residing there. (As per government
tensions could flare up again. estimates, 18,000 Indian students were in
● Russian military action against Ukraine Ukraine in 2020, but the numbers may have
would also impede Delhi’s suggested dipped since due to Covid lockdowns and
approach for stalling Sino-Russian ties or classes moving at many places online.)
fuelling friction between them — that the ● There are precedent and principle-related
West, particularly the US, stabilise relations concerns, though many in Delhi argue that
with Russia. power often trumps those. Nonetheless,
● Further, Russian military action against Moscow’s justifications for its actions
Ukraine would complicate India’s efforts to against Ukraine are similar to those Beijing
maintain a delicate balance between its makes versus India: Historical claims, ethnic
partnerships with the US, Europe, and linkages, and Indian steps that it says
Russia. Delhi could try its posture, post the threaten China. And Russian military action
Russian annexation of Crimea, of neither would go against respect for territorial
openly criticising nor endorsing Russian integrity and sovereignty that Delhi
actions. However, its silence will be seen as frequently advocates.
an endorsement. Moreover, even as Moscow
might seek support from Delhi, it will sell
India’s silence as an endorsement, as it did in What can India do in the Ukraine Conflict?
the case of Crimea, and recently when it ● India has advocated political and diplomatic
unilaterally issued a joint statement on solutions that protect the legitimate
Afghanistan. interests of all countries in the region and
● A worsening Russia-Ukraine conflict would ensure long term peace and stability in
also bring India-US and India-Europe Europe and beyond. Thus, India should push
contradictions on Russia to the fore. The Russia and Ukraine to work for political and
western response will involve even more diplomatic solutions.
sanctions that will further hinder India’s ● India knows that Russia’s international
ability to do business with Russia and policies have been driven more by national
diversify Russia-India ties. And all this could interest and geopolitics, not by their past
come at a time when Washington is ideologies. Reconciliation of Russia-West
considering a waiver for India from CAATSA relations will make it a lot easier for India to
sanctions. manage its own security challenges. So, India
● A Russia-Ukraine crisis could also create should welcome and support any mutually
headwinds for India’s move to deepen acceptable security order in Europe.
security and economic ties with European

Way forward negotiating tactic20 in discussions that are

● Revive the Minsk peace process. Ukraine likely to be long-drawn.
should have a more decentralised and
federalist internal polity. Neither Russia nor Stephen M. Walt
the West should influence the decisions of ● The best hope for a peaceful resolution of
Ukraine. The US and the other western this unhappy mess is for the Ukrainian
Countries should push both sides to resume people and their leaders to realize that
talks and live up to their commitment.Russia having Russia and the West fight over which
must cease interference in eastern Ukraine. side ultimately gains Kiev's allegiance is
● Arguably, a new model of security going to be a disaster for their country.
interaction in Europe can only emerge if ● Ukraine should take the initiative and
Russia and the West start looking at each announce it intends to operate as a neutral
other through a new prism amidst their country that will not join any military
existing trust deficit, with Russia increasingly alliance. It should formally pledge not to
seen as a European outlier. become a member of NATO or join the
● In this context, President Biden would have Russian-led Collective Security Treaty
to do a tough balancing act to dial down, in Organization.
his words, the “political temperature along ● It would still be free to trade with and
the eastern front”.This includes, on one welcome investment from any country, and
hand, preserving NATO’s alliance integrity it should be free to choose its own leaders
amidst shared concerns about Russia, without outside interference. If Kyiv made
especially among its eastern European such a move on its own, then the United
members, and, on the other hand, States and its NATO allies could not be
persevering with the US goal of building accused of giving into Russian blackmail.
stable relations with Russia to enable it to ● For Ukrainians, living as a neutral state next
fully focus on the China challenge. door to Russia is hardly an ideal situation.
● Crucially, it is also in Russia’s interests to But given its geographic location, it is the
reset ties with the West. Today, the Western best outcome Ukraine can realistically
pressure on Moscow has pushed it towards expect. It is certainly far superior to the
a closer embrace of Beijing. However, Russia situation Ukrainians find themselves in now.
is paying the price of the unbalanced nature ● It is worth remembering that Ukraine was
of its ties with China by being forced to cede effectively neutral from 1992 until 2008—the
space to Beijing in its core strategic space. year NATO foolishly announced Ukraine
● For Russia’s strategic autonomy, it is would join the alliance. At no point in that
essential to have a modicum of equilibrium period did it face a serious risk of invasion.
in ties with both its western and eastern Anti-Russian sentiment is now running high
neighbours. Indeed, there exist multiple in most of Ukraine, however, which makes it
areas globally where Russia–West interests less likely this possible exit ramp can be
converge. Perhaps, raising the stakes of the taken.
draft treaty proposals is more of a

C Raja Mohan ● India is not the only one. Many middle

What lessons does Ukraine offer South Asia? powers are seeking to build or rebuild
● A rising India today is trying to reclaim some spheres of influence — Iran, Saudi Arabia,
of that influence in the Subcontinent and the Turkey and Egypt in the Middle East and the
Indian Ocean, but it confronts a newly Horn of Africa. Australia is fending off the
powerful China that is rapidly gaining growing Chinese influence in the Pacific
ground. islands.
● If Delhi lets problems with the neighbours ● The fear of American retrenchment has
fester for long and acts in a high-handed created an urgency for the regional powers
manner, the smaller states will mobilise in the Middle East to expand their networks
other powers to strengthen their strategic of influence.Realists argue that the unipolar
autonomy from India. Delhi can’t forget the moment has passed and that the US can no
importance of being sensitive to its longer run the world on its own. As Harvard
neighbours’ concerns. University’s Graham Allison puts it, the
● The pursuit of a South Asian sphere of unipolar moment was about the American
influence also demands that Delhi think global sphere of influence.
regionally rather than just nationally on ● Spheres of influence are here to stay as
issues that affect the Subcontinent as a instruments to regulate competition
whole. But if India’s neighbours go too far, between great powers. But they endure only
say, in overplaying the “China card” against when the dominant power is wise and its
Delhi, they invite India’s intervention in their neighbours are prudent. Otherwise, neither
internal affairs. At that point, they might find the big power nor its neighbours will be
that China can’t really help them against secure.
India that is next door.

PAKISTAN’S NATIONAL SECURITY POLICY

● Finally, it seeks to integrate and coordinate
the contributions of national security actors
in response to the interests and threats
deemed most important.
● Some states, such as the UK, France and
China, do not have a single, unified NSP
document, but rely on defence policies or
white papers that focus solely on national
defence. Other states do not make public
their policy documents, or do not have
comprehensive written policies on security
or defence.
What is National Security Policy?
Why do states need an NSP?
● National security policy (NSP) is a framework There are five main reasons for states to have an
for describing how a country provides integrated and detailed NSP:
security for the state and its citizens, and is ● To ensure that the government addresses all
often presented as an integrated document. threats in a comprehensive manner
For the purposes of this Backgrounder, NSP ● To increase the effectiveness of the security
will refer to such an integrated document. sector by optimizing contributions from all
● This document can also be called a plan, security actors
strategy, concept or doctrine. NSP has a ● To guide the implementation of policy
present and future role, outlining the core ● To build domestic consensus
interests of the nation and setting guidelines ● To enhance regional and international
for addressing current and prospective confidence and cooperation
threats and opportunities.
● Normally, NSPs are hierarchically superior to Pakistan's National Security Policy (NSP)
other subordinate security policies such as
military doctrine, homeland security ● Pakistan’s National Security Policy (NSP) was
strategy, etc., which address national officially released on January 14, 2022. It
security as it concerns specific agencies or offers the first comprehensive view of the
issues. It is also distinguished from these political-military-intelligence
other policies by the range of subjects that it establishment’s approach to its internal and
addresses, attempting to outline both external challenges at a critical juncture in
internal and external threats. the 75th year of its existence.

● The policy was cleared by the Pakistani Challenges in Foreign policy:

Cabinet is valid for the five-year period 2022- ● In the past, Pakistan played a large role in the
2026 and is subject to annual revisions. Middle East and more broadly in the Muslim
● The document identifies a wide range of world. But today, its equities in the West
unexceptionable goals; what stands out is have steadily diminished. The US President
the ambition to integrate economic Joe Biden hasn’t called Pakistan’s PM even
development into the traditional military once despite persistent efforts by Pakistan’s
conception of national security. foreign ministry even though he has been in
the Office for more than a year now.
Why does Pakistan need NSP? ● After USA intervention in Afghanistan,
Pakistan had a chance to change its course.
Challanges with terrorism as a state policy: Instead, it has chosen to bring the Taliban
● With the end of the Cold War, Pakistan chose back to power. This led to the wrath of the
to opt for cross border terrorism to bring USA. And Taliban on the other hand is
instability to Kashmir and turn Afghanistan signalling that it is not a proxy of China.
into a protectorate. But all its initiatives did
not yield any credible results. Challenges with China:
● Pakistan’s support for violent religious
extremism has also started to backfire. Pakistan also has troubling ties with its evergreen ally
Militant groups which were once seen as China e.g., the China Pakistan Economic Corridor
valuable instruments for Pakistan have now (CPEC) is caught between corruption, terrorism and
turned against the state. Also, severe an uprising in Balochistan, turning their attention
financial penalties have been imposed on more to Karachi than Gwadar. Pakistan is getting
Pakistan by the international system for increasingly indebted to China and had to pay Rs. 26
supporting terrorist activities. billion as interest to China in 2021 for its failure to
repay a maturing debt on time.
Challenges with the Economy:
● Pakistan’s growth rate remains very low, Change in the stance of Pakistan’s military:
decent growth having been registered ● The case for major reform to get Pakistan
mainly during phases of large external aid out of the multiple crises confronting it has
inflows. Pakistan has done little to bring been articulated by Pakistan’s Chief of Army
reforms to its economy. As a result, its Staff, General Qamar Javed Bajwa.
economy in 2021 (GDP at $280 bn) is well ● The “Bajwa Doctrine” emphasizes the
behind that of Bangladesh ($350 bn). The importance of restoring peace within by
Indian economy at $3.1 trillion is also more putting down various internal insurgencies,
than 10 times larger than that of Pakistan. reviving economic growth, reconciling with
● Pakistan has gone to the IMF more than the neighbours, rebuilding ties with the US
twenty times but has been unable to forge without abandoning the strategic
long-overdue structural changes in the partnership with China, and regaining its
economy. traditional political goodwill in the Gulf.

● The other reasons for the change include writing them off as “fringe” elements being
growing and unaccountable defence exploited by “hostile intelligence agencies”.
expenditure, low resource mobilisation, ● In order to deal with violent extremist
entrenched economic interests, extremist ideologies, the document seeks to promote
violence, and ethnic fissures accentuated by a “united narrative” and expand de-
Punjabi dominance. radicalisation programmes.
● This indeed is going to be the biggest
Focus of the NSP challenge as mainstreaming people who
have been trained along the lines of an
extremist ideology for decades is not going
● The NSP identifies three challenges that
to be easy.
Pakistan’s national security faces. These
● The policy agenda in a section about foreign
challenges are purely economic in nature..
policy is set in the backdrop of the
● The document does not offer any solution to
continuous changes in the geo-political
curb religious radicalisation in the country.
arena. The document guides Pakistan to
Instead, it identifies Pakistan as “an Islamic
adopt a dynamic approach in a world where
state” and sees the unknown external hand
great power competition defines the race
involved in shaping the discourse around
over resources and issue-based partnership
ethnic, religious and social differences.
is being preferred over regionalism as an
● The section on internal security is talks about
alternative mechanism of cooperation.
issues that have been challenging the writ of
● The approach is to leverage political
the state of Pakistan: Sub-nationalist
relations for economic gains. Given
movements, sectarianism and terrorism.
Pakistan’s geo-economic location, the
Preventing the formation of alternative
document sees the country as a melting pot
centres of power and authority and ensuring
of regional and global economic interests.
the writ of the state in all regions of the
However, for this to happen, Pakistan would
country is the policy objective underlined in
need to prove itself as a responsible state.
this section.
● The policy document maintains that Pakistan
● Though the realisation that terrorism
is willing to have a mutually beneficial
undermines state stability and national
relationship with all major powers and is
harmony seems timely; the solution offered
committed towards “normalisation of
to address them appears hollow and
relations with its neighbours based on
ineffective. The document aims to address
mutual respect and sovereign equality
the grievances by addressing the structural
including India”.
deficiency and a sense of deprivation in
areas of recruitment and by promoting “a
pluralistic anti-terror narrative”.
● At the same time, the document downplays
the challenge of sub-national movements by Focus on Global powers in NSP

● On China and Pakistan, the document talks

about deep-rooted historical ties, shared India in NSP
interests, mutual understanding and
strategic convergence. The mega
● Barring the three mentions of the Indian
infrastructure project ‘ ’ is described as one
Ocean, the name of India appears 14 times
with support across Pakistan and one that
in the document and only once it talks
can jump-start Pakistan’s economy and
positively about it saying “Pakistan wishes to
domestic growth.
improve its relationship with India”.
● Regarding the US, there seems to be an
● At all other mentions, the approach is
attempt to ignore the current strain in
negative. Expressing concerns over the
bilateral ties. Although the Pakistani Prime
alleged ceasefire violations by India, the
Minister has not received a call from US
document wants Pakistan to shift attention
President Joe Biden since he assumed office,
towards the Line of Control and the Working
the document talks about the long history of
Boundary.
bilateral cooperation between the two sides.
● In the section about defence and territorial
It also describes the US as “critical” for
integrity, the report stated that “special
regional peace and stability and glosses over
attention is required to manage lingering
its current tussle with China. The document
border disputes which continue to pose
acknowledges that cooperation between the
security threats, particularly along the Line
US and Pakistan has narrowed down to
of Control and Working Boundary where
counterterrorism only, and hoped other
ceasefire violations by India threaten civilian
areas can also be worked on together soon.
lives and property while endangering
● Policy’s Position on Middle East Nations-
regional stability
The Policy aims to strengthen the fraternal
● In the case of maritime security, the
and religious ties with the Gulf Nations.The
document without naming any country
Policy emphasizes strengthening trade,
denounces the self-professed role of any one
investment, ties in the energy sector, and
country as a net security provider in the
defence ties with Saudi Arabia.The
wider Indian Ocean.
document emphasizes the need to continue
● The expansion of India’s triad and
the country’s brotherly relations with
investment in modern technologies is seen
Turkey.The document also backs the “Two-
as something that disturbs the regional
States Solution” to address the crisis
balance. Again, without naming India or
situation in Palestine.
Afghanistan, the policy document sees the
● Policy’s Position on UK and EU-The policy
prospects of violent conflict growing with
mentions the significance of the investment
the increase in what it calls “regressive and
from the European and western countries in
dangerous ideology” in Pakistan’s
the development of its economy.In the
immediate neighbourhood.
process, the document reiterates the need
● The document does not rule out the
to explore opportunities for trade and
possibility of use of force “as a deliberate
investment with the EU Nations.

policy choice” by “the adversary” and “Pakistan has always said that it is willing
reiterates the commitment of defending the to have good relations with India but on the
territory in response to any such condition of Kashmir resolution. This
misadventure. discourse has always been there. So it is
● The document reiterates the same old policy nothing new,”.
about Jammu and Kashmir that “resolution ● The NSP also claims that Pakistan’s
of the Jammu and Kashmir dispute remains immediate security is impacted by the “rise
a vital national security interest for of Hindutva-driven politics in India”. “The
Pakistan.” political exploitation of a policy of
● There is an assertion that Pakistan would belligerence towards Pakistan by India’s
continue to provide moral, legal and leadership has led to the threat of military
diplomatic support to the people of Kashmir adventurism and non-contact warfare to our
until they achieve the right to self- immediate east,”
determination. It goes on to talk about
India’s arms build-up and access to advanced Shah faisal
technologies and perceives India’s inclusion ● The policy does make a half-hearted mention
into Nuclear Suppliers Group (NSG) despite of action against radicalisation and hate-
being a non-signatory to NPT as a major speech but doesn’t realise that terrorism
concern. inspired by religious extremism will continue
● On relations with India, the document stated to remain a major internal security challenge
that Pakistan wants to “improve for the country unless the military-clergy
relationship with India” but adds that a “just complex gives up its obsession to cultivate
and peaceful resolution of the Jammu and and unleash this Frankenstein on its
Kashmir dispute remains at the core of the neighbours.
bilateral relationship” ● As such, the commitment in the policy to
● The NSP also reiterated Pakistan’s stance on continue ‘moral, diplomatic, political, and
the dilution of Article 370 of the Indian legal support’ to further Kashmiri Peoples’
constitution related to the autonomous right to self-determination despite knowing
status of the erstwhile state of Jammu and India’s stated position on cross-border
Kashmir. “India’s pursuit of unilateral policy terrorism falls short of the avowal of ‘peace-
actions on outstanding issues are attempts based mutual co-existence’ in the policy.
to impose one-sided solutions that can have ● This National Security Policy is thus a classic
far reaching negative consequences for case of ‘over-promise and under-deliver’.
regional stability.” The specific details as to how this policy will
be implemented are missing from the draft.
SCHOLARLY ANALYSIS ● Pakistan Peoples Party senator Sherry
Rehman led the charge against the policy in
Sharat Sabharwal the Upper House of Pakistani Parliament,
● The observations on Kashmir in NSP show calling it a piece of paper that was prepared
that it has not changed its position. without the knowledge of people’s

representatives and had nothing significant ● The political objectives expected to be

to offer us but a keyhole view of the Pakistani achieved by the military resided in a 2009
mind at a time when India is fortifying its document called the “Raksha Mantri’s
presence in the Indo-Pacific and is ready to Directive”. That directive, Gen. Menon
meet any challenges in Afghanistan and rest wrote, “continues to lack parentage for the
of the northern frontier, both in conventional lack of a coherent national security
and unconventional space. strategy. The Defence Planning Committee,
● Rattled by India’s claim as a ‘net-security headed by the NSA, was assigned this task
provider in the wider Indian Ocean’, and two years ago. Nothing has emerged so
expansion of India’s nuclear triad, the policy far”.In 2020, India was compelled by China
offers generic solutions like human security to change its national security strategy.
and centric approach to cover-up for ● From counter-insurgency, which the Army
Pakistan’s failure to keep pace with the has been focused on for years, we shifted to
events in the region and beyond. conventional war. This was accompanied by
● Therefore, those of us in India who expect a demotion of the so-called “Quad” alliance
that this document will give a better idea with the United States, Japan and Australia,
about our immediate neighbour’s strategic and the militarisation of another alliance
vision, priorities for regional security and a (AUKUS) against China between the
program of action for peace in the traditional allies US, Britain and
neighbourhood, must brace up for a major Australia.These are the things to think about
disappointment. when we look at Pakistan and its new
National Security Policy 2022-2026.
How should India respond?
SAMEER PATIL
● India-Pakistan peace processes have a
● Our government should be studying the
prolonged history of false starts. When even
document (and also trying to access those
normal diplomatic relations between the two
parts which are classified) to see if it needs
countries are non-existent, it will be futile to
responding to and whether our national
expect that there will be expeditious
security policy is affected by
movement on the dialogue front.
this.Unfortunately, for this to happen, we
● To kick-start the dialogue process, Pakistan
must first have a national security policy,
will need to take concrete steps on the
which we do not.
ground rather than just stating that it desires
● Retired Gen. Prakash Menon has noted
for peace with India. Till then, India should
that, for several decades, India’s political
adopt a ‘wait and watch’ policy vis-à-vis the
guidance to the military had been oriented
NSP and evaluate its implementation.
towards Pakistan as the immediate threat.
But now that the Chinese threat has reached
Sharat Sabharwal
our doorstep, this has changed.
● We need to take note of the NSP for two
reasons: First, it is a sign of Pakistan’s

growing challenges, particularly economic, parties on Kashmir and insurgencies in the

in continuing with its old policies; and North East differ widely.
second, because it reflects, albeit partially, ● Secondly, the government has not been able
the thinking of the sizeable constituency in to address the crucial issue of coordination
Pakistan that realises the importance of a required to formulate and address the issues
stable relationship with India in its own of national security. The NSC has been a
interest. useful invention but it is anaemic in terms of
● Going forward, these factors should present resources. More important, it lacks powers
us with opportunities to improve the to enforce anything. The departmental
relationship beyond the ceasefire restoration interests are very strong and it becomes
of February 2021 by way of resumption of difficult to synchronise them. There is no
trade and the upgradation of diplomatic common understanding among various
representation, especially having senior segments of the government of what
interlocutors in each other’s capital. national security constitutes.
Whatever Pakistan’s problems, a calmer
western front also suits us in focussing on the Why does India need a National Security Strategy?
Chinese challenge. ● First, it would provide a ‘whole of
government’ direction on what to prioritise
Why does India need a national security in a national security scenario that includes
almost everything from human security,
policy?
economy, and environment to defence.
● Limited resources make it a difficult
The Indian National Security Council (NSC) has been
exercise.So, an NSS would force bureaucrats
in existence since 1999. Yet, the government has not
to justify every penny, and choose which is
put out an official document outlining a National
paramount.
Security Strategy for India. This is despite the fact
● An NSS can be an ideal platform to
that India faces numerous formidable challenges to
communicate with the people of India — not
its national security.
just the Hindi belt — for instance, a mention
of the economic and technology fields it
Dr. Arvind Gupta
intends to prioritise for the next ten years.
Two reasons can be stated for this state of affairs.
Industry and startups will find that to be a
● First, there is no political consensus in the
clear commitment in black and white,
country on national security issues. For
backed by the requisite funds, rather than
instance, there is no consensus on how to
rely on a chancy commitment from a
treat challenges from Pakistan and China.
minister
The government’s policies on these issues
● Messaging outwards: The exact language
have fluctuated. To give another example,
used for diplomatic and military directives is
there is little agreement on how to deal with
what will be watched closely by external
Maoism. Similarly, the views of political
actors.

● Then there is the question of operational Arun Prakash (Retired chief of naval staff)
honesty. While it is admirable that the ● We remain deficient in intelligence-analysis,
armed forces commit themselves to defend inter-agency coordination, and, above all, a
to the death, it is also important to state national security doctrine.
clearly what they cannot do. ● Having created an elaborate national
● One example is of the US Defence Strategic security framework, post Pokhran II, India
Guidance 2012 that warned amid budget has strangely shied away from promulgating
cuts that “the balance between available a doctrine.
resources and our security needs has never ● Apart from diplomatic and economic steps
been more delicate”. In simple words, any that are being initiated, the current juncture
hollowness needs to be spelt out to political would be apt for the urgent promulgation of
leaders, and ministries. a security-cum-defence doctrine. Such a
● There’s a lot more, such as an environment document, whose public version defines
policy which in a time of severe climate India’s vital interests, aims and objectives
change is as strategic as it gets. Or a cyber will not only become the basis for strategy-
threat and opportunity mandate. formulation, contingency-planning and
evolution of SOPs, but also send a reassuring
message to our public.
● Setting in place clear “red lines” for
adversary nations and non-state entities will
mean that, in future, no further notice is
required for instant punitive or retaliatory
actions for any infringement of India’s red
line

THE PROHIBITION OF CHILD MARRIAGE

(AMENDMENT) BILL, 2021
About Legal Framework of Minimum
Age for Marriage:
● The age of marriage was addressed for the
first time through the Child Marriage
Restraint Act of 1929, also known as the
Sarda Act, which finalised the minimum
marriageable age for girls at 14 years and for
boys at 18 years.
● In 1978, an amendment was introduced
which raised the minimum age of marriage
Recently, the Union Cabinet cleared a proposal to to 18 years for girls and 21 years for boys.
bring uniformity in the marriageable age of men and ● Later, the Prohibition of Child Marriage Act,
women. By amending the Prohibition of Child 2006 (‘PCMA’) was enacted and the
Marriage Act (PCMA), 2006 and other personal laws, minimum marriageable age limits were
the legal age of marriage of women will be raised revised to 18 years for girls and 21 years for
from 18 to 21 years. The decision is based on the boys.
recommendation of a four-member task force led by ● An identical age limit has been followed by
former Samata Party chief Jaya Jaitly. personal laws that govern marriages and
related areas of legislation. The Hindu
Marriage Act, 1955, sets a minimum age of
Why is the minimum age of marriage 18 for the bride and 21 for the groom. This is
the same for Christians under the Indian
required?
Christian Marriage Act, 1872 and the Special
Marriage Act.
● Reasons behind the Minimum Age: The law
● The concept of a minimum age was
prescribes a minimum age of marriage to
introduced to essentially combat the
essentially outlaw child marriages and
practice of child marriage. As per the
prevents the abuse of minors.
Prohibition of Child Marriage Act, 2006, child
● Child marriages expose women to early
marriages are illegal.
pregnancy, malnutrition, and violence
● Marriages below 18 years of age for the
(mental, emotional, and physical).
bride and 21 years of age for the groom are
● Early pregnancy is associated with increased
prohibited under such legislation. However,
child mortality rates and affects the health of
child marriages are illegal but not void.
the mother.

● They are generally held to be voidable at the they have said would be far more effective
option of the minor party. This flexibility is than coercive measures.
kept to ensure that the rights of the minor,
especially the girl, are not taken away in What was the need to raise the age of
marital homes later on in the marriage.
marriage?
● The National Family Health Survey found
In her Budget speech last year, Finance Nirmala
that 23.3 percent of women in the age group
Sitharaman had announced that the Government
of 20 to 24 years were married before they
would set up a task force to look into the age of a girl
turned 18. About 6.8 per cent of women in
entering motherhood with an aim to lower maternal
the age group of 15-19 years were already
mortality rates, improve nutrition levels as well as
mothers or pregnant at the time of the
ensure opportunities for women to pursue higher
survey.
education and careers. With these targets in mind, a
● The lower participation of women in the
panel headed by former Samata Party chief Jaya
workforce is also partly attributable to a lack
Jaitly was set up in June last year.
of education, marriage and domestic
responsibilities. It is true that the percentage
of child marriages has declined, but it has
Recommendations of the Jaya Jaitly
been marginal: from 27 per cent in 2015-16
Committee: to 23 per cent in 2019-20, according to
● The committee has recommended the age of National Family Health Survey (NFHS)-5.
marriage be increased to 21 years, on the ● This indicates that despite the fact that child
basis of feedback they received from young marriages have been disallowed by the
adults from 16 universities across the PCMA, they still continue to remain a
country. prevalent social problem.
● It asked the government to look into
increasing access to schools and colleges for
Features of The Prohibition of Child
girls, including their transportation to these
institutes from far-flung areas. Skill and Marriage (Amendment) Bill, 2021-
business training has also been
recommended, as has sex education in ● Section 2 of the Child Marriage Act under
schools. which child now refers to any male or female
● The committee said these deliveries must who has not attained the age of 21 years
come first, as, unless they are implemented notwithstanding any such law or customary
and women are empowered, the law will not practice opposed to this amendment.
be as effective. ● The act states that these new amendments
● The committee has further recommended will have an overriding effect in context to
that an awareness campaign be undertaken the existing laws or customs that may
on a massive scale on the increase in age of contradict the amendments.
marriage, and to encourage social ● The other personal and marriage laws such
acceptance of the new legislation, which as the Hindu Marriage Act, Hindu Minority

and Guardianship Act and the Foreign ● It also has an impact on the Infant Mortality
Marriage Act, Indian Christian Marriage Act, Rate and Maternal Mortality Rate, and the
Parsi Marriage and Divorce Act, Muslim empowerment of women who are cut off
Personal Law (Shariat) Application Act and from access to education and livelihood after
the Special Marriage Act shall be amended an early marriage.
accordingly to be consistent with these new ● The decision is also projected as one
provisions. This legislation will be affirming the principle of gender neutrality,
implemented two years after the President's by making the minimum marital age for
approval. women the same as that for men.
● This act itself upholds the principles of the ● The law also negates the stereotype that
fundamental right to equality by keeping the women are more mature than men of the
marriage age 21 years of both male and same age and, therefore, can be allowed to
female citizens. marry sooner.
● The International treaty Committee on the
Arguments in favour of the bill- Elimination of Discrimination against
● It is imperative to tackle gender inequality Women (CEDAW) also calls for the abolition
and gender discrimination and to put in of laws that assume women have a different
place adequate measures to secure health, physical or intellectual rate of growth than
welfare and empowerment of our women men.
and girls and to ensure status and ● The age of marriage should be uniformly
opportunity for them at par with men. applicable to all religions, caste, creed,
● This will widen educational and occupational overriding any custom or law that seeks to
opportunities for women as it will give them discriminate against women.
more time to receive education or engage ● The Constitution guarantees gender equality
themselves in work aspects as such common as part of the fundamental rights and also
privileges are denied to a large percentage of guarantees prohibition of discrimination on
women post marriage. In such situations, the grounds of sex. The existing laws do not
men become the sole providers of the adequately secure the Constitutional
household, and their wives are forced to rely mandate of gender equality in marriageable
on their earning husbands for financial age among men and women.
support.
● An early age of marriage and consequent Arguments against the bill
early pregnancies have a substantial impact ● An increase in the minimum age of marriage
on the nutritional levels of mothers and their to 21 years can be counterproductive. The
children, along with their overall health and minimum age of marriage does not mean
mental well being. It is expected that by mandatory age. It only signifies that below
making a marriage of women below the age that age there could be criminal prosecution
of 21 illegal, the rate of child marriages in under the child marriage law. Now, to
India would decrease. increase the age of marriage to 21 years

would mean that girls will have no say in ● The Bill is against the principle of autonomy
their personal matters until they are 21. in matters of personal choice that an adult
● An increase in age to 21 years would mean woman enjoys under the law today and
further persecution of girls right up till 21 which has been upheld in judicial
years. We’ve seen this in the Supreme Court pronouncements.
and the Kerala High Court in the Hadiya case, ● In most countries across the world, there is
where an adult woman’s decision to marry no differentiation between the majority
was challenged by her parents. age which is 18 years and the eligible age for
● The Law Commission Report of 2008, on marriage. India is a signatory to the
reforming family law, recommended a resolution adopted by the United Nations
uniform age of marriage for boys and girls General Assembly in 1989 which
at 18 years and not 21. recommended 18 years as the minimum
● The National Human Rights Commission in age.
2018 recommended that there should be a ● Reforms in personal laws could lead to
uniform age of marriage for boys and girls. serious legal implications and mass
Laws such as the Indian Majority Act, of 1875 instability as a result of the clash between
grant the right to vote, and to enter into the validity of the pre-existing personal laws
contracts, for those who attain the age of 18. and the newly formed uniform law.
● Even the Supreme Court, in the Independent ● The most significant issue arises with Muslim
Thought case, when it looked at child Personal Law. It is quite difficult to establish
marriage, said that it’s accepted universally harmony between the new amendment and
that a child is someone who’s under the age the provisions of this law in context with the
of 18, and that should be the age of marriage age as the Muslim law states that a
marriage. girl can be married once she attains puberty.
● If we look at our international commitments, This age is usually taken to be 15 years.
the CEDAW (Convention on the Elimination
of all Forms of Discrimination Against Way forward
Women) Committee also recommends 18 ● The mere introduction of legislation will not
as the age of marriage. change this reality. Therefore, the legal
● A woman is old enough to be sentenced to a change needs to be accompanied by a
jail term in an adult prison, but according to commensurate effort towards changing the
the proposed Bill, she is too young to social landscape of India.
exercise a choice to get married. This is not ● The issue of child marriages needs to be
women's empowerment. This is women's evaluated and addressed through a multi-
infantilization. Adulthood is not divisible. dimensional approach that encompasses
● It is wrong to deny an adult woman a choice social, economic and demographic changes
in the decision of marriage. This will along with legal ones.
effectively illegalise the self-choice ● Unless concerted efforts are made towards
marriages young adult couples make, often increasing women’s access to education and
breaking caste and community barriers. employment, along with their general

upliftment, gender equality will continue to lie in enhancing education for girls,
remain unattainable in India. conducting awareness programs on the
● Guaranteed employment opportunities and importance of education among
access to education are critical factors in communities with low female education
providing an enabling environment for rates, and sensitizing young students of both
young women to make informed choices, genders about the importance of individual
rather than criminalizing marriages for girls financial stability and the dangers of
between the ages of 18-21. teenage pregnancies.
● The solution to the problems that the
proposed amendment seeks to resolve may

NATIONAL FAMILY HEALTH SURVEY 5

What is new this time in the Survey?
● NFHS-5 includes some new topics, such as

preschool education, disability, access to a
toilet facility, death registration, bathing
practices during menstruation, and
methods and reasons for abortion.
● NFHS-5 includes new focal areas that will
National Family Health Survey (NFHS): give requisite input for strengthening
existing programmes and evolving new
The NFHS is a large-scale, multi-round survey strategies for policy intervention.
conducted in a representative sample of households
throughout India. It is conducted by The Ministry of The areas are:
Health and Family Welfare (MoHFW), and has ● Expanded domains of child immunisation
designated the International Institute for Population components of micro-nutrients to children
Sciences (IIPS) Mumbai, as the nodal agency for ● Menstrual hygiene
providing coordination and technical guidance for ● Frequency of alcohol and tobacco use
the survey.IIPS collaborates with a number of Field ● Additional components of non-
Organizations (FO) for survey implementation. communicable diseases (NCDs)
● Expanded age ranges for measuring
Each successive round of the NFHS has had two hypertension and diabetes among all aged
specific goals: 15 years and above.
(1) To provide essential data on health and family ● In 2019, for the first time, the NFHS-5 sought
welfare needed by the Ministry of Health and Family details on the percentage of women and
Welfare and other agencies for policy and men who have ever used the Internet.
programme purposes.
(2) To provide information on important emerging The NFHS provides a comprehensive, multi-
health and family welfare issues. dimensional report card on the state of India’s
demographic and health trajectory.
The funding for different rounds of NFHS has been
provided by USAID, the Bill and Melinda Gates
Foundation, UNICEF, UNFPA, and MoHFW Key findings
(Government of India). The main objective of each
successive round of the NFHS has been to provide No population explosion-
high-quality data on health and family welfare and ● NFHS-5 lays to rest the worries about an
emerging issues in this area. impending population explosion in the
country. As per the latest data, the national

Total Fertility Rate (TFR) is now at only 2.0 population. NFHS-4 had 18 such states and
(down from 2.2 in NFHS-4, conducted in the UTs.
year 2015-16). ● Himachal Pradesh is the only large state in
● According to the UN Population Division, a the country to witness a decline in its sex
TFR of 2.1 is considered replacement level ratio of the total population from 1078
TFR. It means that at a TFR of 2.1, a (NFHS-4) to 1040 (NFHS-5).
population successfully replaces itself
without growing or degrowing. Therefore, a
TFR of 2.0 (as per NFHS-5), shows that fears Sex ratio at birth improves, but marginally
of a population explosion in India may have ● India’s sex ratio at birth (SRB) for children
been unfounded. born in the last 5 years has also registered an
● As per NFHS-5, urban India has a TFR of only improvement, albeit marginally. It has
1.6 while rural India’s TFR is 2.1. improved from 919 female births per 1000
● India has only five states which have a TFR male births, in NFHS-4 to 929 in NFHS-5. The
higher than 2.1. These are Bihar (TFR: 3.0), natural SRB is 952 girls per 1000 boys, which
Meghalaya (2.9), Manipur (2.2), Jharkhand translates to a 50-50 adult sex ratio. Thus,
(2.3), and Uttar Pradesh (2.4). India’s SRB of 929 is still considerably short
● Two states, Kerala, and Tamil Nadu have of the natural SRB of 952.
registered an increase in their TFR in NFHS-5 ● As per NFHS-5, only 17 states and UTs have
as compared to NFHS-4. an SRB of more than 952. This is an
● Even Bihar and Uttar Pradesh have shown improvement, as NHFS-4 showed this to be
significant improvement in their TFR over the case for 11 states and UTs. Among north
the last decade and a half. This shows that Indian states, both Punjab and Haryana
even for the most populous Indian states, have improved their SRB but continue to
TFR has registered a sharp decline since have a low sex ratio at birth.
2005-06. This trend should put to rest any ● Unlike sex ratio of the total population, the
fears of a population explosion in India. sex ratio at birth has seen a decline in some
states between NFHS-4 and NFHS-5. Among
larger states, Kerala’s SRB has declined from
India’s sex ratio of the total population improves 1047 (NFHS-4) to 951 (NFHS-5). Similarly,
● According to NFHS-4, India had a sex ratio of Tamil Nadu has seen its SRB decline from 954
991 women per 1000 men. This has now (NFHS-4) to 878 (NFHS-5).
improved considerably to reach 1020
women per 1000 men. It is important to
note that this is the sex ratio of the total Increasing trend of Institutional births
population and not the sex ratio at birth. ● When a baby is delivered in a medical
● As per NFHS-5, there are 23 states and UTs institution under the supervision of trained
in the country which have a sex ratio of more health personnel, it is defined as an
than 1000 women per 1000 men for the total institutional birth.

● As per NFHS-3 (2005-06), only 38.7 per cent ● Together, these reflect chronic or recurrent
of all deliveries in the country were undernutrition, usually associated with
institutional deliveries. This proportion poverty, poor maternal health and nutrition,
jumped to 78.9 percent in NFHS-4 (2015-16). frequent illness and/or inappropriate
The rising trend has continued in NFHS-5, feeding and care in early life. These prevent
which shows that now 88.6 percent of all children from reaching their physical and
deliveries in the country are institutional cognitive potential.
deliveries. ● While NFHS-4 reported that 38.7 percent of
● According to NFHS-4, only 14 states or UTs Indian children (less than 5 years old) were
saw more than 90 percent institutional stunted (had a lower height for their age).
deliveries. This has improved to 23 states or This percentage has declined marginally to
UTs in NFHS-5. This is a positive and 35.5 in NFHS-5.
welcome development. ● While overall India saw a small reduction in
● We see substantial improvement even in the incidence of stunting in NFHS-5, this
states that are considered laggard in terms hides the fact that 13 states or UTs saw an
of socio-economic indicators. Uttar increase in the percentage of stunted
Pradesh, Rajasthan and Haryana has seen children since NFHS-4.
substantial improvement ● It would be good to understand if the novel
● NFHS-5 shows that now there are only 6 coronavirus pandemic affected the survey in
states in the country with less than 80 Phase 2, leading to undercounting of
percent institutional deliveries. 4 of these incidence, or whether by pure chance, all
are the north-eastern states of Manipur States in Phase 2 happen to be better
(79.9 percent), Arunachal Pradesh (79.2 performers on the malnutrition count
percent), Meghalaya (58.1 percent), and (something that could not have been known
Nagaland (45.7 percent). The remaining two at the start of the survey in 2019).
states are Bihar (76.2 percent), and ● According to NFHS-4, 21 percent of Indian
Jharkhand (75.8 percent). children were wasted. This declined
● Another change is the rise in institutional marginally to 19.3 percent in NFHS-5.
births in public facilities. While NFHS-4 However, like stunting, wasting also saw
recorded 52.1 percent of all institutional state-level variations. 12 states or UTs saw
births taking place in public facilities, NFHS- their wasting numbers worsen in NFHS-5.
5 has seen this rise to 61.9 percent. This includes states like Kerala, Bihar,
Telangana, and Himachal Pradesh.
Children’s health ● The percentage of children who were
● NFHS also provides data related to the underweight for their age declined from
health of India’s children. The three 35.8 percent in NFHS-4 to 32.1 percent in
indicators of malnutrition: stunting (low NFHS-5. Here too, the overall number hides
height for age), wasting (low weight for state-level variations. 16 states or UTs (all
height) and underweight (low weight for covered in phase 1) saw the percentage of
age) show an overall improvement.

underweight children increase in NFHS-5 Indian children, men, and women who are
over NFHS-4. anaemic.
● According to the WHO, less than 5 percent
A population gaining weight incidence of anaemia in a country is not a
● An increase in the proportion of overweight public health concern. 5-19 percent
children, women and men. Being overweight incidence would make it a mild public
also reflects malnutrition, with serious health problem, 20-39 percent incidence
health consequences in the form of non- would make it a moderate public health
communicable diseases problem, and 40 percent or more would
● While 2.1 percent of children (less than 5- make it a severe public health problem.
years old) were overweight in India, as per ● NFHS-5 paints a grim picture of the anaemia
NFHS-4, this has now risen to 3.4 percent in problem in the country. It shows that 67.1
NFHS-5. In the case of women, 24 percent percent of children under the age of 5, 57
are found to be overweight (or obese) in percent of women aged between 15 and 49,
NFHS-5 as compared to 20.6 percent in and 25 percent of all men aged 15 to 49
NFHS-4. For men, the percentage of the have anaemia. Not only does India have a
overweight population has increased from severe anaemia problem, but NFHS-5 also
18.9 percent in NFHS-4 to 22.9 percent. reveals a worsening position when
● Only 3 states and UTs out of 36 show a compared to NFHS-4.
decline in the percentage of overweight ● NFHS-4 showed that 58.6 percent of
children in NFHS-5 over NFHS-4 while all the children in the country were anaemic. This
remaining states/UTs show a substantial has now increased to 67.1 percent.
increase. Among large states, Rajasthan and ● Kerala is the only state in the country where
Jharkhand have the lowest percentage of the percentage of anaemic children is less
men and women who are overweight. than 40 percent.
● Only 8 states or UTs in the country saw the
percentage of anaemic children decline in
An anaemic population NFHS-5 over NFHS-4. These states or UTs are
● Anaemia refers to a condition when the spread over both phases of NFHS-5. The
body lacks enough red blood cells to supply highest increase in anaemic children is seen
oxygen to the body’s tissues. Among adults, in north-eastern states.
this can result in issues like fatigue and ● When it comes to anaemic women, There is
weakness. The WHO classifies anaemia as a a clear gender gap in the prevalence of
serious global health problem. anaemia. Despite an increase in the
● It also estimates that globally 42 percent of incidence of anaemia overall in NFHS-5,
children under the age of 5 and 40 percent only 25 percent of Indian men are found to
of pregnant women are anaemic. Anaemia be anaemic, compared to 57 percent of
in children can hamper the development of Indian women.
their motor skills. NFHS provides us
information regarding the percentage of

Positive outcomes fully vaccinated children between the ages

● The proportion of 15- to 24-year-old women of 12 and 23 months has gone up from 62%
using menstrual care products has increased to 76%, along with the rates of partial
across almost all states between the fourth vaccination.
(2015-16) and the fifth (2019-2021) NFHS -- ● Policies and programmes for the girl child
although, it still remains low in states like and women’s empowerment have
Bihar (59 per cent) and in Assam and Gujarat produced positive results, and a direct
(66 per cent). The largest increase was seen correlation between higher female literacy,
in Bihar and West Bengal. the improvement in the sex ratio, and the
● The decline in the total fertility rate (TFR) decrease in the total fertility rate can easily
across all the states is a positive sign. The be drawn.
TFR has been falling over the years and has ● Exclusive breastfeeding to children under
now reached 2.0 at the national level, age 6 months has shown an improvement in
which means that India’s population will all-India levels from 55 percent in 2015-16 to
decrease soon — probably by 2047-48 — 64 percent in 2019-21. All the phase-II
after reaching a peak of about 1.6 billion States/UTs are also showing considerable
people. progress.
● For the first time since the NFHS 1992-93 ● The decline in TFR has implications for both
survey, the sex ratio is slightly higher politics and policy. Various political leaders
among the adult population. It is also for have suggested coercive measures to
the first time in 15 years that the sex ratio control a feared population explosion like
at birth has reached 929 (it was 919 for China’s one-child policy imposed in the
1,000 males in 2015-16). 1990s (and reversed recently) while others
● There has been an appreciable improvement have suggested tying welfare support
in general literacy levels and in the measures or holding electoral office to the
percentage of women and men who have number of children. With the decline in
completed 10 years or more of schooling, India’s TFR, all such fears and debates can
which has reached 41 per cent and 50.2 be put to rest.
percent respectively. ● While India’s healthcare spending remains
● A greater proportion of births than ever abysmally low, this is a positive trend which
before is now happening in institutions, can ensure the well-being of both mother
more children in the 12-23 months age and newborn. However, institutional births
group have received their vaccinations, are but one aspect of maternal care.
● Infant and child mortality rates have
improved since the previous round. The
steepest fall has been recorded in the Areas of concern
mortality rate of children under 5 –from ● To begin with, India has become a country
49.7 to 41.9 deaths per 1,000 live births. with more anaemic people since NFHS-4
● Vaccination rates Similarly, vaccination rates (2015-16), with anaemia rates rising
have improved since NFHS-4. The fraction of significantly across age groups, ranging

from children below six years, adolescent lesser extent, West Bengal, Andhra Pradesh
girls and boys, pregnant women, and and Telangana.
women between 15 to 49 years. Almost half
our human capital lacks iron power. Way forward-
● Further, anaemia among adolescent girls In her article A Foundational Deficit 'Veena Rao
(59.1 per cent) advances to maternal suggests-
anaemia and is a major cause of maternal ● India’s nutrition programmes must undergo
and infant mortality and general morbidity a periodic review, just as our health
and ill health in a community. programmes did right from the Reproductive
● Equally worrying is the exceedingly slow and Child Health (RCH) programme in 1997
pace of improvement in nutritional to the present National Health Mission
indicators across all age groups. The root (NHM), addressing gaps such as institutional
cause for this is that the percentage of delivery, ambulance services, adolescent
children below two years receiving an anaemia, and additional health volunteers.
adequate diet is a mere 11.3 per cent, ● The Integrated Child Development Services
increasing marginally from 9.6 per cent in (ICDS), which is perceived as the guardian of
NFHS-4. This foundational nutritional deficit the nation’s nutritional well-being must
which ought to be considered an indicator of reassess itself and address critical
great concern is generally ignored by intervention gaps, both conceptually and
policymakers and experts. programmatically, and produce rapid
● Having measured blood sugar and outcomes. Ad hoc add-ons are just not
hypertension in the population for the first enough, and smartphones, tweets and
time, NFHS-5 highlighted the looming webinars cannot substitute hard action on
threat from lifestyle diseases. the ground.
● The paradox, in a sign of glaring inequality, is ● The impact of the pandemic may also be
that this is accompanied with a rise in noted, the disruption it caused to services
obesity, especially among women and such as balanced nutrition for children must
children. Even before the pandemic, the be acknowledged, while this set of
trend towards obesity was driven by the lack circumstances underscores the need for
of awareness of good food habits resulting in building resilient and fortified systems
greater consumption of high-fat, high-sugar capable of delivering in the most trying
foods and sedentary lifestyles. Increasing circumstances.
obesity will exacerbate conditions such as ● Community health workers have been in the
cardiovascular disease, diabetes and frontline of the fight against Covid-19. For a
hypertension. start, better nutrition, health and awareness
● On child stunting, the old BIMARU states programmes can be mainstreamed into their
(excepting Bihar) are no longer the efforts to begin the process of reversing
laggards; the laggards are Gujarat, some of the problems identified in NFHS-5.
Maharashtra, and Karnataka, and to a

In his article' Health of the Nation' C Rangarajan Conclusion

suggests - ● The National Family Health Survey can be
● One, Bihar and Uttar Pradesh need to called the health and demographic report
strengthen their family planning and card of the country. A survey of NFHS’ scale
maternal and child health programmes as presents its own challenges, but NFHS-5
well as improve women’s status to bring TFR faced an added challenge of the Covid-19
to replacement level or below. pandemic.
● Two, the pace of improvement in improving ● What NFHS-5 highlights – as the previous
the sex ratio at birth needs to be round of NFHS did – is the public health
maintained. challenge that Indians, especially women
● Three, child nutrition programmes may and children face. It reveals deep inequality
require a rethink and more active across states. While some states like Kerala
involvement of the community is needed to compete with advanced economies in health
address this serious problem. outcomes, others find themselves at par
● And, four, attention is required to reduce with sub-Saharan Africa.
public health risks arising from increasing ● NFHS-5 underlines the need for ramping up
obesity and high tobacco use. India’s public health expenditure and a focus
on ensuring improvements in health
outcomes in states that still languish.
NEW CHANGES IN IAS CADRE RULES : FRICTION POINT

BETWEEN CENTRE AND STATES
Mr Bandyopadhaya is on the verge of retirement. or under a company, association or body of

State government wants his extension for 3 months individuals, whether incorporated or not, which is
but the central government has asked to come on wholly or substantially owned or controlled by the
deputation. Central Government or by another State
To understand this game of deputation it is very Government."
important to know about Rule 6(1) .According to This implies in normal cases, with the concurrence
Rule-6 (1) of the IAS (Cadre) Rules-1954, "a cadre of the state government, the central government
officer may, with the concurrence of the State can ask to send any IAS officer on deputation.
Governments concerned and the Central
Government, be deputed for service under the News:
Central Government or another State Government

Recently, the Department of Personnel and Training

(DoPT) wrote to the States that the Union New Insertions–
government proposes to amend Rule 6 (deputation ● Each State Government shall make available
of cadre officers) of the Indian Administrative for deputation to the Central Government,
Service (Cadre) Rules 1954. such number of eligible officers of various
levels to the extent of the Central
What are the Indian Administrative Deputation Reserves prescribed under
Regulations referred to in Rule 4 (1),
Service (Cadre) Rules?
adjusted proportionately by the number of
officers available with the State Government
● A unique feature of All India Services --
concerned vis-à-vis the total authorized
Indian Administrative Service, Indian Police
strength of the State cadre at any given time.
Service and Indian Foreign Service- created
The actual number of officers to be deputed
under the AIS Act, 1951, is that the members
to the Central Government shall be decided
of these services are recruited by the Central
by the Center in consultation with the State
Government and are placed under various
Government concerned.
State Cadres. It is incumbent upon the
b) In case of any disagreement, the matter
members of service to serve both under the
shall be decided by the Center and the State
State and the Center.
Government or State Governments
● To ensure service of IAS officers at the
concerned shall give effect to the decision
Centre, suitable provisions have been made
of the Central Government within a
under the IAS (Cadre) Rules, 1954. The
specified time.
Indian Administrative Service regulations
provide for Central Deputation Reserve
What are the reasons for this move?
(CDR) not exceeding 40 per cent of the
● There has been a decreasing trend of officers
Sanctioned Duty Posts (SDP) of a cadre/joint
coming to the Center at the Joint Secretary
cadre. The Central Deputation quota fixes
levels as most States were not meeting their
the share of the Government of India out of
CDR obligations. The number of IAS officers
the State cadre
on CDR has gone down from 309 in 2011 to
223 as on date.
What are the amendments the Center ● The percentage of CDR utilization has gone
has proposed for the rules? down from 25 per cent in 2011 to 18 per cent
now.
● The proposed changes are in Rule 6 (1), ● The Center’s argument is that the non-
which deals with Central deputation. It also availability of a sufficient number of officers
provides that in case of any disagreement, is affecting the functioning of the
the matter shall be decided by the Center Government since it needs these officers to
and State or the State Government obtain fresh inputs in policy formulation and
concerned shall give effect to the decision of programme implementation, to utilize their
the Central Government. vast field experience by way of providing

vital inputs for policy planning and What do IAS officers say about the changes?
formulation at the Center. ● As on January 1,2021, out of around 5200
IAS officers in the country, 458 were on
Why has it rankled the States? central deputation.
● Strong opposition has come from States as ● Officers find themselves caught in the
they see ‘politics’ in this move. The crossfire. Some see it as an ego tussle
argument by most State cadres for not between the Center and the States. They
sponsoring the number of officers as per feel that they belong to All India Service, so
prescribed CDR is the shortage of officers in there cannot be any ownership.
the cadre. Only a few States have welcomed ● They argue that there are services that
the move. belong to Central and State Services, so for
● There is a feeling that the insertions in the those belonging to All India Service, it should
Rules are unilateral as it makes it be their choice where to work.
mandatory on the States to necessarily ● Many are not opting for Central deputation
nominate officers for Central deputation, because they also see better career growth
but whether to take the officer or not is left in the State. There is also a sense of
to the Center. uncertainty regarding how many actually
● Also, in case of a disagreement, the upper make it to the top ranks at the Center and
hand is with the Center, thus distorting the who will be unceremoniously repatriated if
federal structure. they don’t find a way with political setup.
DoPT’s rationale behind this move: Criticism by some States:

● There is a shortage of All India Services (AIS) ● Hampers the spirit of cooperative
officers in Union Ministries. federalism.
● The number of officers is not sufficient to meet ● Weaken the State’s political control over
the requirement at the Center. the bureaucracy.
● States are not sponsoring an adequate number ● Will Create avoidable legal and
of officers for Central deputation, administrative disputes.
● The Center could weaponise the
bureaucracy against an elected State
government.
Views of Constitutional Conduct Group ● “The proposed amendment to the Cadre

Rules fundamentally alters this relationship
(CCG)- A collective of former All India
and makes a mockery of the delicate federal
and Central Service Officer balance that the AIS are designed to
maintain,”

● Within India’s federal structure, the Union ● After being assigned to a certain cadre, IAS officers
and state governments need to work in usually work in the same cadre throughout their
tandem to achieve “common constitutional service, unless they go for central government
objectives” and within this structure, the AIS deputation. In some rare cases, they may also be
creates an administrative framework to allowed to change their cadre.
provide “balance” between these two levels ● The Department of Personnel and Training (DoPT)
of government. “Maintaining this balance is of the Government of India allocates cadres to
critical to good governance,” candidates. Notably, the assignment of cadre
depends on the candidate's rank, preference, and
How did this convention come into being vacancies in the Civil service Examination
conducted by UPSC.
in the first place?
● The All-India Services' cadre allocation policy was
● This convention was set by Sardar Patel that
revised in 2017. At the time, the existing 26 cadres
All India Service officers are made available
were divided into five zones. Under the new policy,
for central deputation through a
candidates are required to choose cadres from
consultative process involving the
these zones.
Center,the States and the officers
concerned.
● State used to prepare offer list of officers What is the need of the Cadre system in
who want to go for central deputation. And the Civil Service?
the center used to choose from that list only.
This is a deliberate feature of All India Service to
But this healthy convention was not followed promote quality, impartiality, integrity and All India
certain times: outlook. For this objective key administrative and
● July 2001-Center unilaterally asked for the police positions in state governments are designated
services of three IPS officers of Tamil Nadu as ‘cadre posts’ signifying that they may only be held
cadre. by IAS/IPS. Civil Services in India has been
● Some states were deliberately delaying the constitutionally designed in a way that it maintains
relief of IPS officers after their names were all India character and ‘outsiders’ are posted in state
picked by the centre. cadre. ‘Outsiders’ to state cadre would ensure a
● 2021- Chief Secretary of West Bengal was higher level of objectivity and neutrality in a system
asked for central deputation just before his which was likely to face enormous regional and local
last days of service. pressure.
Sardar Patel had made the following observations in
What exactly is the cadre allocation the constituent Assembly to support the
continuance of the pre-independence civil service
system?
structure:-
“It needs hardly to be emphasized that an
● A cadre is nothing but a state or group of
efficient,discipline and contended civil service
states/Union Territories to which officers of the All-
assured of its prospects as a result of diligent and
India Services, like the IAS and IPS, are allocated.

honest work is a sine-qua-non of sound India Services’ officers in a cadre where they
administration under democratic regime even more do not speak the local language and
than under an authoritarian rule.The service must unfamiliar with local culture and general
be above party and we should ensure that political environment of the district. First ARC(1966-
considerations,either in its recruitment or in its 1970) recommended that a functional field
discipline and control, are reduced to the minimum should be carved out for the IAS.
if not eliminated altogether.” ● Not following “All India '' character in letter
and spirit: According to ``Public Institutions
Main issues associated with civil services in India – Performance and Design by
Mehta and Kapoor’there is a feeling that IAS
in India
officers are ‘all India’ in name only. As there
is decline in proportions of officers who
1. Gaps in All India Services and Out-dated
genuinely alternate between state and
laws, rules and procedures:
central government .
● Colonial Hangover: During British time when
● Geographical Variations: IAS cadre in UP is
these services were created the structure of
40% smaller than it should be while in Sikkim
government was unitary and the nature of
is 15 % more than it should be, based on
State was authoritarian. Present day
population alone.There are large variations
bureaucracy is not in sync with modern day
in the size of IAS cadres with respect to total
realities and the nature of government.
state population.
● Against Federation: They in some levels
● Unequal Representation: The states of
restrict autonomy and patronage of states.
Indian Union are not equally represented in
Since 1950,they have been a major point of
these services.The state of the
disputes and problem areas between the
Punjab,UP,Bihar,TamilNadu,Andhra Pradesh
Center and States.
are represented more than others.
● Generalist vs Specialist: There has been a
long-fought debate over whether civil
2. Lack of Political neutrality and politicization of
services should be generalists or specialists.
services:
The existing system is a generalist system,
● In the words of Mohit
where regardless of background and
Bhattacharya,’Neutrality meant a kind of
education, an IAS officer for example, can be
Political sterilization,the bureaucracy
asked to take up any role he/she is assigned.
remaining unaffected by the changes in the
Moreover,Ferguson and Hasan(2013) find
flow of politics .There might be changes in
that specializations are rewarded in career
political leadership,but the civil servant
trajectories of IAS, which suggests that
would be unfailingly offering “technical”
taking into account the cadre’s need for
advice to the political master keeping himself
certain specializations by incorporating
aloof from the “Politics” of the day.’
cadre’s preferences over officers might be
● In the words of R.B.Jain,“Political neutrality
useful.However,it has been observed a
not only meant the absence of political
sense of detachment in public towards All-
activity or bias on the part of individual

members of the bureaucracy but also that

bureaucracy would respond to the will of the 3. Lack of professionalism and Poor work culture:
Government,no matter what its political ● Most government departments suffer from
complexion be.” poor work culture and low productivity.In
● Unfortunately the vision of civil service essence, Indian administration still functions
neutrality no longer holds good. Changes in very much the same way it functioned 165
governments particularly at the state level years ago. Its resources have changed; its
often lead to wholesale transfer of civil mind and spirit remain the same. You can do
servants. Political neutrality is no longer an a Google search and can confirm that the
accepted norm with many civil servants intellectual contribution of some 60,000 civil
getting identified ,rightly or wrongly with a servants to date in terms of original books
particular political dispensation.There is a and research papers published has been
perception that officers have to cultivate insignificant. The sorry state of the country
and seek patronage from politicians to in terms of its economy, public healthcare,
obtain suitable positions even in the Union education, research and innovation even
Government. As a result,the civil services in after 73 years of independence is well
public perception are often seen as known.
increasingly politicized. ● There should be an officer oriented system
● Second Administrative with level jumping to speed up decision
Reform Commision(ARC) is of the view that making by reducing multi-level hierarchical
the political neutrality and impartiality of the structure.Though the government has
civil services needs to be preserved.The onus incorporated ICT in governance, it needs to
for this lies equally on the political executive be accelerated to weed out the inefficiencies
and civil servants.The commission in its and delay culture in government
Report on “Ethics in Governance” while departments. There is a need to create a
examining the ethical framework for lean, thin and efficient government
Ministers has recommended that a code of machinery by modernizing procedures and
ethics for Ministers should inter-alia include work methodology and abolishing the ‘babu’
following: “Minister must uphold the culture in the government offices.
political impartiality of the civil service and
not ask the civil servants to act in any way What steps the government is taking to
which would conflict with the duties and
address these issues?
responsibilities of the civil servants.”
1. Performance Review
● In liberal democracies having multi-party
Lately, the Department of Personnel and Training
systems, the political ideology of the
had issued an Office Memorandum on periodic
government changes due to the periodic
Review of Central Government Employees for
electoral mechanism.Under such
strengthening of administration under Fundamental
circumstances the neutrality of civil service is
Rule (FR) 56(j)1(l) and Rule 48 of Central Civil Service
a precondition for the efficient functioning
(Pension) Rules, 1972.
of the government.

2. Lateral Entry
What is the rationale of the Government for such NITI Aayog, in its three-year Action Agenda
notification? recommended the induction of personnel at middle
To have a review of the officials quarterly, in order to and senior management levels in the central
identify who among them need to be prematurely government. These ‘lateral entrants’ would be part
retired from service. It will target inefficient and of the central secretariat which in the normal course
corrupt government servants in the 50-55 year age has only career bureaucrats from the All India
bracket meaning those who have completed 30 Services/ Central Civil Services.
years in service.
What is the government’s reasoning for lateral
What can be concluded from this step? entry?
Making quarterly assessments of the officials is a Minister of State for DoPT Jitendra Singh stated in
progressive step and will infuse professionalism, Rajya Sabha that “Government has, from time to
However this process should be objective and time, appointed some prominent persons for
rationale based not arbitrary to make some officers specific assignments in government, keeping in
just a scapegoat of deeper malaise of corruption. view their specialized knowledge and expertise in
the domain area”.
“Lateral recruitment is aimed at achieving the twin
objectives of bringing in fresh talent as well as
augment the availability of manpower.”
Advantage of Lateral Entry Disadvantage of Lateral Entry

1. Infusion of specialist 1. Conflict of Interest
2. Can bridge the shortage of officers. 2. Profit oriented
3. Helps in bringing the values of economy, 3. Contractual in nature
efficiency, and effectiveness in the 4. For bringing expertise, the government doesn’t
Government sector. strictly need to hire private-sector personnel.
4. Help in building a culture of performance Enough is available in government also.
within the Government sector.

RELATIONSHIP BETWEEN FUNDAMENTAL RIGHTS AND

DUTIES
News: the fundamental rights. However,

the court also stated that care must
Time and again there has been a discussion over be taken to ensure that all these
which is more important Fundamental rights or important parts of the Constitution
duties or what is the interrelationship between are existing harmoniously with each
them. During Constitution day 2021 also there was a other.
debate on Fundamental Duties , where there has
been emphasis on Fundamental Duties for the
growth and progress of the country. ● Fundamental Duties, conversely, are the
obligations that the same citizens have by
simply being Indians towards the country.
Rights and Duties under the Constitution
Fundamental duties stem up in the form of
● Fundamental Rights consist of the most
ensuring that the people in the country are
basic rights of every human that cannot
upholding the dignity and principles dear to
generally be taken away by a government
the nation. They are the moral obligations
authority unless under extremely special and
that the citizens promote to encourage
extraordinary circumstances. Fundamental
patriotism and unity among the diversity of
Rights are, therefore, enforceable by the
the nation.
court of law; anyone who feels as if one or
more of their fundamental rights were
violated can appeal before the judiciary.
Following cases pinpoint the importance of
Fundamental Rights in Indian law –
1. Kesavananda Bharati v. Union of
India-The court had held that
fundamental rights formed part of
the basic structure of the
Constitution and hence were
allowed to be amended subject to
basic structure doctrine and judicial
review.
2. Kerala Education Bill case- Court
had stated that in a situation of
conflict, the DPSP cannot override

The logic behind rights:
Important concerns animating the Constituent Addressed by Constituent assembly through Fundamental
Assembly Rights
Under the colonial regime, Indians had been The first role of the fundamental rights, therefore, was to
treated as subjects. Their interests did not count, stand as a bulwark against dehumanization. Every human
their voices were unheard, and in some cases — being no matter who they were or what they did had a claim
for example, the “Criminal Tribes” — they were to basic dignity and equality that no state could take away,
treated as less than human. Apart from the long no matter what the provocation. One did not have to
and brutal history of colonialism, the framers successfully perform any duty, or meet a threshold of
also had before them the recent example of the worthiness, to qualify as a rights bearer. It was simply what
Holocaust, where the dignity of more than six it meant to be human.
million people had been stripped before their
eventual genocide.
The framers were also aware that they were The second role of rights, thus, was to stand against
inheriting a deeply stratified and riven society. hierarchy. Through guarantees against forced labour,
The colonial regime had not been the only against “untouchability”, against discriminatory access to
oppressor; the axes of gender, caste and religion public spaces, and others, fundamental rights were meant
had all served to keep masses of individuals in to play an equalising and democratising role throughout
permanent conditions of subordination and society, and to protect individuals against the depredations
degradation. visited on them by their fellow human-beings.
The twin principles of anti-dehumanisation and Significance of Duties: -

anti-hierarchy reveal the transformative purpose of ● As citizens, there exists a wide range of
the fundamental rights chapter: the recognition that duties that bind us in everyday life. These
true democracy could not exist without ensuring that duties are owed both to the state, and to
at a basic level, the dignity and equality of individuals other individuals. We have a legal duty to
need to be protected, both from the state as well as pay our taxes, to refrain from committing
from social majorities. It was only with these violence against our fellow-citizens, and to
guarantees could an individual rise from the status of follow other laws that Parliament has
subject to that of citizen. It was only after that enacted. Breach of these legal duties triggers
transformation had been brought, that the question financial consequences (fines), or even time
of duties could even arise. in jail.
● At any given time, therefore, we are already
following a host of duties, which guide and

constrain how we may behave. This is the of duties can be understood in its proper
price that must be paid for living in society, context. Otherwise, it can end up
and it is a price that nobody, at least, in entrenching existing power structures by
principle, objects to paying.Our duties and placing the burden of “duties” upon those
the consequences we bear for failing to keep that are already vulnerable and
them therefore exist as a self-contained marginalized.
whole. They follow a simple logic: that ● Therefore the Constitution, a charter of
peaceful co-existence requires a degree of liberation, is fundamentally about rights. It is
self-sacrifice, and that if necessary, this must only after guaranteeing all the full sum of
be enforced through the set of sanctions. humanity, dignity, equality, and freedom
● According to Mahatma Gandhi: “The best promised by the Constitution, that we can
way to find yourself is to lose yourself in the ask them to do their duty.
service of others.” Every citizen plays a key ● However,the Supreme Court in AIIMS
role in building a New India — a clean, Students Union v. AIIMS 2001 held that
healthy and prosperous nation. Everyone fundamental duties are equally important
performing their duties, even mechanically, like fundamental rights. Though
would pave the way for a better fundamental duties are not enforceable like
neighborhood, better society, and fundamental rights,but it cannot be
ultimately, a better country. overlooked as duties in Part IV A are prefixed
by the same word fundamental as ‘right’ in
Can the State ask the citizens to perform duty when Part III.
citizens are not enjoying rights guaranteed by the ● As per Article 29(1) of the Universal
state? Declaration of Human Rights states:
● Samuel Moyn points out an article in The “Everyone has duties to the community in
Boston Review, “the rhetoric of duties has which alone the free and full development
often been deployed euphemistically by of his personality is possible.” Many nations
those whose true purpose is a return to across the world have transformed into
tradition won by limiting the rights of developed economies by embodying the
others”. principles of “responsible citizenship”
● Moyn’s target here are traditions that invoke
the language of duty (often alongside terms Various Judgment with respect to
such as “community” or “family”) in order to
Fundamental Duties and Rights:
subordinate the individual in the face of the
collective.
● Javed vs. State of Haryana- SC held that the
● However, as per Dr. B.R. Ambedkar, “the
fundamental rights have to be read with
fundamental unit of the Constitution
fundamental duties which are provided in
remains the individual.”
Article 51A of the Indian Constitution and
● If the position of the individual and the
with the directive principles of the state
Constitution’s commitment to combating
policy that are provided in Part IV of the
hierarchy is kept in mind, then the language

Constitution. They cannot be read in ● N.K. Bajpai vs. Union of India- there is a
isolation. common thread which runs between Part III,
IV and Part IV-A of the Indian Constitution.
First part provides us with the fundamental
● State of Gujarat vs. Mirzapur-Supreme rights while the second part provides us with
Court held while considering the provisions the basic principle of governance of the state
regarding Article 48, 48-A and Article 51(g) and the third part provides the fundamental
that the directive principles of state policy duties of the citizens of India. The court
and fundamental duties that are provided in should consider all the constitutional aspect
Article 51-A of the Indian Constitution plays of fundamental rights, fundamental duties
a significant role while testing the and the directive principle of state policy
constitutional validity of any statutory while interpreting any provision
provision or of any executive act. The Court
also said that the reasonableness of any Scholarly Analysis:
restriction that is cast by the law on the
fundamental rights in the form of regulation, Mahatma Gandhi
control or prohibition can be tested by Gandhi views of rights in the context of duties:
taking the fundamental duties and the ● Consider ‘real rights as a result of
directive principle of state policy into performance of duty’ meaning that all rights
account. to be deserved and preserved as rights are
derived from duties which are performed
well. Rights cannot be divorced from duties
● Ramlila Maidan Incident- SC held that a and that rights have to be exercised in the
balance has to be maintained between the interests of all.
fundamental rights and restrictions on one ● Gandhi accepts the core idea of right-based
hand and fundamental rights and individualism, the dominant paradigm in
fundamental duties on the other hand. contemporary political theory, namely
There would be an imbalance if importance human equality and moral worth of every
is given to only fundamental rights or to the person but rights are coalesced with the idea
fundamental duties. Duty is considered as a of duties, assigning individuals with
true source of right. The courts consider the responsibilities to lead a moral life and
fundamental duties that are present in devote to the good of their community.
Article 51A while examining the ● For Gandhi any discourse of rights would
reasonableness of the legislative restriction have to focus on how persons are
on exercise of various freedoms. The court treated.Gandhi considers duties as primary
also said that duties like protecting the and considers the duty to act morally
sovereignty, unity and integrity of the regardless of the consequences as the
country, providing safeguard to public highest.
property etc. are not insignificant.
Justice Kurien Joseph

The scope of Fundamental Rights under Part III of the

Constitution has seen significant expansion through The significance of Fundamental Duties is not
judicial pronouncements; the right to free legal diminished by the fact that there is no punishment
services to the poor, right to speedy trial and right to prescribed for not following them. Fundamental
live in a clean and healthy environment are just a few Duties constitute the conscience of our Constitution;
examples. Therefore an imbalance has been created they should be treated as constitutional values that
between the current set of Fundamental Rights and must be propagated by all citizens.
Duties. A new set of Fundamental Duties can go a
long way towards instilling a reinvigorated sense of
civic responsibility among citizens.Such as Duty to
pay taxes, Duty to help accident victims, Duty to
keep the premises clean, Duty to prevent civil
wrongs, Duty to raise voice against injustice, Duty
to protect whistle-blowers & Duty to support
bonafide civil society movements.

LOCAL BODIES : ISSUE WITH RESERVATION OF SEATS

AND ISSUE OF POWERLESSNESS OF MAYOR
News: implications of the backwardness in

the local bodies, within the State.
The apex court’s latest order in Rahul Ramesh Wagh 2. To specify the proportion of
v. State of Maharashtra & Ors. makes it mandatory reservation required to be
that the principles laid down by the Supreme Court provisioned local body-wise in light
for providing reservation to OBCs in local bodies shall of recommendations of the
be followed across the country. Commission, so as not to fall foul of
overbreadth.
3. And in any case such reservation
K. Krishnamurthy (Dr.) v. Union of India
shall not exceed an aggregate of
(2010) Judgement 50% of the total seats reserved in
● Supreme Court had interpreted Article favor of SCs/STs/OBCs taken
243D(6) and Article 243T(6), which permit together.” The 50% ceiling
reservation by enactment of law for specifically relied on the ratio of the
backward classes in panchayat and historic Indra Sawhney Judgment
municipal bodies respectively,to hold that (1992).
barriers to political participation are not the
same as that of the barriers that limit access This 2010 judgment was not acted upon and the
to education and employment. constitutionality of the enacted reservation was
● However, for creating a level playing field, challenged. This resulted in the 2021 judgment of a
reservation may be desirable as mandated three-judge Bench of the Supreme Court -Rahul
by the aforementioned Articles which Ramesh Wagh v. State of Maharashtra & Ors 2021
provide a separate constitutional basis for ● In this the Supreme Court read down the
reservation, as distinct from what are provision of the Maharashtra Zilla Parishads
conceived under Article 15 (4) and Article 16 and Panchayat Samitis Act, 1961, which
(4) which form the basis for reservation in mandated for 27% reservation to OBCs in
education and employment. local bodies.
● Though reservation to local bodies is ● The court observed that the reservation for
permissible, the top court declared that the OBCs was just a “statutory dispensation to
same is subject to empirical finding of be provided by the State legislations” and is
backwardness in relation to local bodies as different from the “constitutional”
fulfilled through the three tests as follows: provisions which mandate reservation to the
1. To set up a dedicated Commission to Scheduled Castes and Tribes (SC/ST).
conduct contemporaneous rigorous ● Again insisted on the triple test and 50
empirical inquiry into the nature and percent ceiling

● The Supreme Court quashed notifications

issued by the Maharashtra Election Current Scenario:
Commission, which provided more than 50% ● Only Six states Uttarakhand, Chhattisgarh,
reservation to OBCs and SC/STs in some local Jharkhand, Madhya Pradesh, Uttar Pradesh
bodies. and Tamil Nadu provide for mayors that are
● SC also clarified that the states cannot rely elected directly by voters for a five-year
on the OBC population figure reflected in the term.However, in none of the mega cities of
census conducted by the Union India, mayors are directly elected.
Government for the purpose of determining ● They are mere figureheads with limited
the quantum of OBC Quota in local body financial and functional independence. The
elections. actual power continues to lie with the state
The Supreme Court had passed a similar order for government, which runs the city through the
the Madhya Pradesh government, directing the
municipal commissioner.
OBC seats to be notified as general category for
● The Annual Survey of India’s City-Systems
failing to comply with the three-test criteria.
(ASICS) 2017 covering 23 cities across 20
Views of Hari Narke, a former member of the States published by Janaagraha Center for
Maharashtra state backward classes commission. Citizenship and Democracy found 33% of
● For the OBC reservation issue in local bodies medium and large cities with a provision for
census data would be useful and the Center directly-elected Mayors, but none in the
should release the data. “The 2011 census mega cities.
was the socio-economic census and it has all ● A tenure of five years for Mayors is available
the details about educational, economical only in a fifth of the biggest cities, and half of
and political backwardness of the castes. urban Indians live in cities where Mayors can
So, if the Center shares the 2011 census be in office for just two-and-a-half years.
data, the process of providing political
reservation to the OBC could be fast- The Bill for Direct Election of Mayor was
tracked and it can be restored in a few tabled by Shashi Tharoor in 2017.
months,”. ● The Bill was to give direct election
mechanism and fixed tenure.
Mayor in local bodies ● Provision of veto powers over some of the
council’s resolutions.
News: ● Power to nominate members of the Mayor-
in-Council .
Mayor -A ‘powerless’ post that AAP, BJP, Cong are ● Essentially, it paved the way to centralize
fighting for. Recent research on urban governance power in the hands of the Mayor and his
highlights that powers of Mayors in Municipal nominees to ensure the holistic
Corporation are somewhat restricted and are shared development of urban areas.
with the Municipal Commissioner who is an This bill was not passed by the Parliament
executive authority.

Directly elected Mayor- Step towards ● Local self-government is a state subject and
states too were found lacking in taking
Democratic Urban Governance:
proactive actions. Issues such as functional
devolution to ULBs, strengthening their fiscal
● About 34% of India’s population is now
health and their comprehensive
living in urban areas (UN World
empowerment as a vibrant democratic unit
Urbanization Prospect, 2018 report).
of self-government are indeed central to the
Though the number of mega-sized urban
governance of cities (Jha 2018).
clusters (with population > 50 lakh) has
● The Organization for Economic Co-operation
remained constant, the number of smaller
and Development (OECD 2000) listed the
urban clusters has been increasing rapidly
two basic underlying principles to make the
over the years .These urban centers are now
metropolitan government more competitive
more “happening places” with greater
and efficient-
investments and increased opportunities
1. Solidarity- shared values and
leading to sizable migration from rural areas.
priorities of its community.
● However, such fast transformation has come
2. Subsidiarity- local autonomy,
with a myriad of problems of unplanned and
decentralization and keeping
unregulated expansion of urban boundaries,
government close to the people.
and mounting pressure on infrastructure
● Hence the introduction of directly elected
and community resources resulting in
mayors has the potential to completely
poorer quality of life in these urban centres.
change not only the landscape of urban local
● Among the many possible reforms, an
body governance, but also the nature of
efficient and inclusive institutional structure
citizens’ participation in the management of
has the potential of changing the worsening
their cities.
conditions of urban centers.
● The Economic and Political Weekly, Niraj
● In India, municipalities and municipal
Kumar argues that introducing direct
corporations were created to manage day-
election of mayors could improve efficiency
to-day and future needs of the city centers;
in urban governance.
however, over a period of time, the municipal
institutions lost the credibility to deliver
Views of Sneha Alexander
services in an efficient manner (Nallathiga
● A direct mandate from urban residents adds
2008).
to the legitimacy and accountability of the
● Although the 74th Constitutional
mayor’s office.
Amendment Act, 1992, had recommended
● It would also resolve the power tussles
sweeping changes concerning the autonomy
between mayors and commissioners.
of the urban local bodies (ULBs), the
● Fixed tenures for mayors offer greater
promotion of decentralization of power, and
continuity as opposed to state-appointed
formation of appropriate structures and
bureaucrats who can be abruptly
functions, unfortunately, it failed to see its
transferred. For instance, in the 2014-2019,
real implementation at the field level.

Kanpur has seen eight commissioners while defeating the lofty goal of decentralized
Jaipur has seen six. governance.
● In the current model, councilor elections are ● The idea of giving more authority to the third
held at the ward level and are based on tier of governance has suffered serious
hyper-local issues, which may not resonate stunting, in spite of the 74th Constitution
with the whole city. A directly elected mayor Amendment Act of 1992
would ensure a focus on the whole city ● Newer devices used to bypass local bodies
instead of certain wards. and priorities are styled as special schemes,
such as urban renewal and smart cities,
Views of G. Ananthakrishnan directly supervised by the Central
● Metros have been deprived of empowered government and partnered by State
Mayors who can raise efficiency, productivity governments.
and liveability. Mayors in many global cities ● Several States are averse to directly-elected
go on to lead their country, which possibly Mayors even for their biggest cities, in spite
explains why they have been reduced to of the Mayor being deprived of any
obscure, ceremonial figures by national significant powers. The appointment of the
parties in India. executive in-charge, the Municipal
● The Economic Survey of 2017-18 notes that Commissioner is a good example.
a third of the population now lives in urban ● In the coming decade, progress on
areas which produce three-fifths of the Sustainable Development Goals, the Paris
GDP. But India’s overflowing cities lack Agreement on Climate Change and the UN
capacity, infrastructure and leadership. Habitat New Urban Agenda will come under
● Chief Ministers see a potential threat from a close international scrutiny.
charismatic and empowered Mayor with ● India’s cities need a new deal, one that is
progressive policies. Their perception is that focused on development. Only elected,
Empowered Mayors, such as those in New empowered and accountable Mayors can
York, Paris, London or even Shanghai, could deliver on that.
steal the limelight through spectacular ● An RBI survey of 221 municipal corporations
successes, leaving Chief Ministers and (2020-21) revealed that more than 70% saw
legislators with little direct connection with a decline in revenues; in contrast, their
urban voters. expenditure rose by almost 71.2%.
● Some of them have used the excuse of poor ● To resolve this issue democratization and
performance of urban local bodies as a empowerment of city government is the
justification to replace direct election of need of the hour and directly Elected Mayors
Mayors with an indirect system. are one step towards it.
● In some States, elections to urban local
bodies have not been held for years,
●

AFFIRMATIVE ACTIONS BY STATE
News: their social networks and cultural capital

(communication skills, accent, books or
Issues such as OBC quota in Neet, validity of EWS and academic accomplishments) that they
Tamil nadu reservation. inherit from their family.
● Merit is not solely of one’s own making.The
rhetoric surrounding merit obscures the way
1. OBC Quota in Neet
in which family, schooling, fortune and a gift
of talents that the society currently values
The Supreme Court has upheld the constitutional
aids in one‘s advancement. Thus, the
validity of quota for Other Backward Classes
exclusionary standard of merit serves to
candidates in National Eligibility cum Entrance
denigrate the dignity of those who face
Test’s (NEET) All India Quota seats for
barriers in their advancement which are not
undergraduate and postgraduate medical and dental
of their own making.
courses,noting that “reservation is not at odds with
● The power of the government to provide
merit” in open competitive examinations.
reservations under Article 15 (4) and (5) of
the Constitution is not an “exception” to
Observation of Supreme Court: Article 15 (1), which enshrines the mandate
that “the State shall not discriminate
● If open examinations present equality of against any citizen on grounds only of
opportunity to candidates to compete, religion, race, caste, sex, place of birth or
reservations ensure that the opportunities any of them”.
are distributed in such a way that backward ● The court held that the power of the
classes are equally able to benefit from such government to craft reservation for the OBC
opportunities which typically evade them amplified the principle of “substantive
because of structural barriers. This is the equality” manifested through Article 15 (1).
only manner in which merit can be a
democratizing force that equalizes
New definition of “Merit”by Supreme
inherited disadvantages and privileges.
Otherwise claims of individual merit are
Court:
nothing but tools of obscuring inheritances
that underlie achievements. ● Merit cannot be reduced to narrow
● The privileges that accrue to forward classes definitions of performance in an open
are not limited to having access to quality competitive examination which only
schooling and access to tutorials and provides formal equality of opportunity.
coaching centers to prepare for a Competitive examinations assess basic
competitive examination but also includes current competency to allocate educational

resources but are not reflective of

excellence, capabilities and potential of an Political thinkers views on Affirmative
individual which are also shaped by lived
Actions:
experiences, subsequent training and
individual character.
● Aristotle in his Nicomachean Ethics wrote,
● Open competitive examinations do not
justice is equality, as all men believe it to be
reflect the social, economic and cultural
quite apart from any argument. Indeed, in
advantage that accrues to certain classes
Greek, the word equality means justice. To
and contributes to their success in such
be just is to be equal and to be unjust is to
exams.
be unequal.
● High scores in an examination are not a
● According to Aristotle, equality means that
proxy for merit. Merit should be socially
things that are alike should be treated alike
contextualised and re-conceptualized as an
and things that are unalike should be
instrument that advances social goods like
treated unalike. Injustice arises when
equality that we as a society value.
equals are treated unequally and also when
unequals are treated equally.
Different views on Merit:
● Affirmative action becomes essential in
In “The Tyranny of Merit”, Prof. Michael J. Sandel
writing societal inequities. It is based on the
makes a strong argument against elitism,
“principle of redress”; that undeserved
meritocracy and standardised testing.
inequalities call for rectification. Since
● “Measures of merit are hard to disentangle
inequalities of birth are undeserved, these
from economic advantage. Standardised
inequalities are to be somehow
tests purport to measure merit on their own,
compensated for.
so that students from modest backgrounds
● According to Rawls, thus, in order to treat all
can demonstrate intellectual promise. In
persons equally and to provide genuine
practice, scores closely track family income.
equality of opportunity, society must give
The richer a student’s family, the higher the
more attention to those born into or placed
score he or she is likely to receive.”
in less favorable social positions.
● Prof. Disha Nawani, Professor and Dean,
● Affirmative action was established as a part
School of Education, Tata Institute of Social
of society’s efforts to address continuing
Sciences,- “It must be understood that the
problems of discrimination; the empirical
focus in these exams is to master the
evidence presented indicates that it has had
techniques to crack them and not necessarily
a somewhat positive impact on remedying
engage with learning……Exams, especially
the effects of discrimination. Whether such
board exams, continued to flourish and
discrimination still exists today, is a central
shape learning as memorising textbook
element of any analysis of affirmative action.
content, designing textbooks so as to contain
● Libertarians, on the other hand, are clear in
information, dictating teachers to elucidate
their minds that equality in individual
content and telling students to memorise
circumstances is not even desirable, for it
content, with or without comprehension.”

would thwart incentives and growth. They do inequality arising from them would
talk about equality of opportunity and disappear by itself.
equality before the law, but equality in the
sense commonly understood is clearly
undesirable for them. The argument is that Criterion of EWS Quota
an equal world is inimical to growth and
incentives. The rapid economic advance that
The Supreme Court questioned the income criteria
we have come to expect seems in a large
for defining EWS, and termed it “arbitrary”, noting
measure to be a result of unequal
that the ceiling for determining EWS (Rs 8 lakh) is the
circumstances.
same as the limit for determining the other
● Karl Marx’s view on equality turns out to be
backward classes (OBC) “creamy layer” for
rather indifferent towards the idea of
reservation for the children of people outside of
equality of individual circumstances, in the
government.
sense of equal distribution of commodities
In response to this the Union Government
and income. He would rather prefer to
constituted an Expert Committee to review the Rs. 8
eliminate class distinctions, so that
Lakhs annual income limit for reservations
oppression and exploitation may be
under the Economically Weaker Sections (EWS)
eliminated and all social and political
category.
Supreme Court’s views about Income Limit Committee Response
The Rs. 8 Lakhs limit set the income bracket too high, The Committee conducted a review of EWS
allowing those who were not in economic distress to also reservations based on a Rs. 8 lakhs limit in UPSC
avail reservation benefits. examinations from 2019. It found that a majority of
the beneficiaries of the reservation scheme were
not ‘bunched up’ at the upper end of the income
limit, indicating that the limit was not being used
only by candidates who were relatively better
placed economically.
The Bench had directed the government to specify that The Committee reported that even though the
the EWS income limit was not reached by blindly income limit of Rs. 8 Lakhs was the same for both
replicating the income limit for excluding ‘creamy layer’ groups, it was calculated differently. Many more
OBC candidates. The creamy layer income limit indicated sources of income are included while calculating
the level of economic advancement required to EWS status than for creamy layer analysis.
‘overcome’ social backwardness. The Bench had Therefore, the income limit for creamy layer had not
cautioned that it would be arbitrary to apply the same been blindly replicated for EWS.
metric to determine economic weakness for a class that
was not socially backward.

The Bench had asked why differences in purchasing The Committee recommended that a uniform
power and the value of residential assets between rural criteria was preferable, since it would be easier to
and urban areas and between different states had not implement. It would also not cause problems for
been accounted for while coming up with the income applicants who move between states, or families
criteria. whose members live in different parts of the
country.
Thus the government committee told the Supreme Court that “income” is a “feasible criterion” for defining the
“Economical Weaker Sections” (EWS).
How is the OBC quota different from EWS?
OBC( creamy layer) EWS
Income criterion for the creamy layer in OBC category is Income calculation relates to the financial
applicable to gross annual income for three consecutive years year prior to the year of application
In case of OBC creamy layer, income from salaries, agriculture Rs 8 lakh criteria for EWS includes all sources,
and traditional artisanal professions are excluded from the including farming.
consideration.
However, Notable Scholar Amartya Sen had a ● Christopher Edley’s view on Affirmative
different view with respect to criterion that should Actions: He presented three models of
be followed for deciding affirmative action. affirmative action-
● Amartya Sen emphasizes this aspect in his 1. ‘Color blind vision’ of affirmative
advocacy of ‘Basic Capability Equality’. action- This version would entail
“Individual claims are not to be assessed in race-based measures as a remedy
terms of the resources or primary goods only for people who could prove they
persons respectively hold, but in terms of are direct‘victims of discrete acts of
the freedom they enjoy to choose between discrimination.’
different ways of living so that they can 2. ‘Opportunity and Anti-
have reason to value public action to discrimination’ version- It would
improve nutritional intake, life expectancy seek to provide equal opportunity for
and reduce morbidity and infant mortality minorities, but would not require
so as to enhance individuals capabilities.” equal results. This version
acknowledges that the harms of
racism create ‘economic and social
disparities among races.’ This

version of affirmative action would Vanniyars were given 10.5 percent of the 20 per cent
seek to correct these harms. reservation for Most Backward Classes just before
3. ‘Remediation plus inclusion’-This the 2021 Tamil Nadu assembly election.
version is the ‘preferred’ approach of The Madras High court observed that Tamil Nadu
the thinker and essentially suggests Special Reservation of seats in educational
that diversity alone constitutes ‘a Institutions including Private Educational Institutions
compelling state interest.’ and appointments or posts in the services under the
State within the Reservation for the Most Backward
These models gave an incentive for a neo-world Classes and Denotified Communities Act, 2021, ultra
order which is likely to accommodate plurality as an vires the constitution.
instrument of progression instead of exploitation.
Madras High Court observed:
● Libertarian thinkers like Hayek and
Friedman have recognised the difficulty of ● “The Constitution of India intended all the
ensuring equality of individual castes including the sub-castes, races and
circumstances, but at the same time, they tribes mentioned in the list to be members
have argued for the elimination of moral and of one group for the purpose of the
political inequality. They have centered their Constitution of India and further, this group
discussion on ensuring ‘equality of cannot be subdivided for any purpose.
opportunity and equality before the law’. The Moreover, the Constitution of India
presupposition is that this ensures justice intended that all the castes included in the
and enhances individual freedom.The Schedule under Article 341 would be
principle of ‘equality of opportunity’ is that “deemed to be'' one class of persons”.
every person has an equal chance to do what ● It violated Articles 15(4), 16(4) and 14 of the
he wishes and has the capacity to do. Constitution, besides legislative
● For Marx, a just system is one, wherein all incompetency. The Court said it was settled
class distinctions have been abolished.It is law that reservation is permissible only for a
not necessarily a system where equality class of citizens, and not on a caste basis.
prevails, for equality which is fundamentally ● “The micro classification of MBC into (i)
a bourgeois idea, has no place in the MBC(V), (ii) MBC and DNC and (iii) MBC is
statement of working class demands and without any basis. There is no rationale for
objectives. the micro classification. The micro
classification is wholly arbitrary because
absolutely there is no acceptable reason for
The reservation to Vanniyars by Tamil the division. There is no material or data to
Nadu differentiate MBC(V) from other MBC as a
separate class,”

● The court has taken the support of M Nagraj

case where there is a threefold test to be Reservation is fair, as far as it provides appropriate
passed for reservation: - positive discrimination for the benefit of the
1. socially and educationally downtrodden and economically backward Sections
backward. of the society. A strong political will is needed to find
2. Inadequately represented in public an equilibrium between justice to the backwards,
employment. equity for the forwards and efficiency for the entire
3. Not affecting the overall efficiency system
in the administration

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54. https://theprint.in/opinion/pakistans-national-security-policy-offers-no-change-on-kashmir-shah-
faesal/814271
55. https://theprint.in/opinion/india-needs-a-national-security-document-too-but-dont-do-a-
pakistan/811043/
56. https://m.thewire.in/article/security/india-must-chart-out-a-national-security-strategy-for-a-changing-
geopolitical-world
57. https://www.pib.gov.in/PressReleasePage.aspx?PRID=1774533
58. https://ceda.ashoka.edu.in/here-is-what-nfhs-5-tells-us-about-india/
59. https://www.hindustantimes.com/opinion/understanding-the-mediation-bill-
101641230985397.html#:~:text=The%20bill%20states%20that%20the,recognised%20and%20enforced%
20by%20law
60. https://prsindia.org/billtrack/the-mediation-bill-2021
61. https://www.alliance.edu.in/insights/oct2020/insights-oct2020-covid-and-indian-
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%20technology.&text=Special%20courts%20for%20video%20conferencing,Courts%20of%20various%20I
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Demographic-Dividend%20in%20India_compressed.pdf
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en#section-d1e26502
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,Criticism,in%20the%20population%20control%20reform.


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https://t.me/piyush_choubey https://ww.piyushchaubey.

So, What’s New this time?

Bottomline is …. PSIR or non-PSIR…Read Everything!!!

Dr. Piyush Kumar Chaubey

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S.R. Topic Page Number

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INDIAN FOREIGN POLICY: THE BASICS

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Equal Sovereignty other nations and finally the adoption of

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● To gain financial resources and technology

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or her on major foreign policy issues, Advisor (NSA), an Additional PS to PM,

https://t.me/piyush_choubey https://www.piyushchaubey.com/ 9|Page

● The NSC is a three-tier organization ● Parliament may also constitute ad hoc

Requirements and Goals Global and Regional Challenges

dependency-creating investments, cyber and continental routes — be it through the lifting

could be replicated in other ASEAN development which is inclusive of faculties

● Major Indian Projects in Myanmar-The ● Myanmar’s major exports to India are

Evolution of India-Myanmar Relations ● Indo- Myanmar ties, however, witnessed a

with a common heritage and cultural engaged in a policy of “constructive

relationship” with the Indian government, apprehends a security threat from

assistance for the refugee camps in Myanmar on 23 November 2017. Delhi’s

Indrani Bagchi- important role with other partners like

Commercial Relations ● The Demand-Driven and people-centric

People-to-people ties each other’s waters. However, the

● Highlighting that regional organizations such Challenges in India-Bangladesh

● Water-related issues are rarely if ever,

Association for Regional Cooperation ● Bangladesh’s interest in joining the highway

INDIA - CENTRAL ASIA : GROWING CONVERGENCE

the region due to frosty ties with Moscow.

Syrian conflict zones and Uzbekistan changer if it materializes. However, despite

Unrest in Kazakhstan: will exacerbate the country's long-standing

● The recent demonstrations are significant billions of dollars in western Kazakhstan,

Russia- What is the reaction of the Government?

and India struggled to hit a paltry $2 billion M K Bhadrakumar

The Politics of Agriculture at WTO

commitments, including rule-based years. Access opportunities – Minimum

Green box Amber box Blue Box

programmes are also as direct subsidies tied to

Special and Differential Treatment (SDT)

countries do not need to make any cuts. As

● Under the Amber Box, developed countries

World Trade Organization's (WTO) ● According to a WTO summary of the panel’s

India on trade-distorting subsidies violating WTO commitments under the

indicated that it may be willing to forego to developing countries in negotiations

The Global Politics of Climate Change: Divided Camps

The politics of climate change nothing short of coordinated national and

leads to several important, commonly held contributions to the problem of climate

● Despite a significant number of declarations

Sanjay Vashisht: South Asian cooperation on these issues can

CHALLENGES AND ISSUES OF FISCAL FEDERALISM

Evolution of Fiscal Federalism in India

● The Government of India Act 1919 and 1935

CHALLENGES OF IMBALANCE IN FISCAL central government has a far greater domain

Criteria 14th FC (2015-20) 15th FC (2021-26)

Demographic Performance – 12.5

Forest and Ecology – 10

Forest Cover 7.5 –

Tax and Fiscal – 2.5

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