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CONSTITUTION NOTES
AMENDMENTS: PROCEDURES AND ISSUES

Constitutional Provisions:
Article 368 in Part XX of the Constitution deals with the powers of
Parliament to amend the Constitution and its procedure. It states that the
Parliament may, in exercise of its constituent power, amend by way of
addition, variation or repeal any provision of the Constitution in
accordance with the procedure laid down for the purpose. However, the
Parliament cannot amend those provisions which form the basic
structure of the Constitution.

Procedure:
1.

Bill to amend constitution is initiated in either house of parliament

2.

Bill can be introduced either by a minister or by a private member


and does not require prior permission of the president.

3.

Bill must be passed in each House by a special majority (i.e. 50% of


total membership of the House and a majority of two-thirds of the
members of the House present and voting)

4.

Each House must pass the bill separately. In case of disagreement


between houses there is no provision for joint sitting.

5.

Bill seeking to amend the federal provisions of the Constitution must


also be ratified by the legislatures of half of the states by a simple
majority

6.

President must give his assent to the bill. He can neither withhold
his assent to the bill nor return the bill for reconsideration of the
Parliament

The Constitution can be amended in three ways:


1.

Amendment by simple majority of the Parliament (these


amendments are not deemed to be amendments of the Constitution for
the purposes of Article 368),

2.
3.

Amendment by special majority of the Parliament, and


Amendment by special majority of
ratification of half of the state legislatures.

the

Parliament

and

the

In order to address changing requirement and address emerging issues


constitution has to be dynamic and a living document, thereby
amending it periodically becomes inevitable. This is the reason why in last
6 decades more than 100 amendments have been passed. However this
does not mean that Indian constitution is too flexible to be easily
amended. In fact it is very finely balanced when it comes to amendments.
It gives leverage to centre for making cosmetic amendments by simple
majority and keeps a tight check when it comes to critical changes by
provisions for 2/3 majority. Most importantly it maintains a federal balance
with acceptance of amendments by half the states that relate to centrestate relations.

Why amendments are needed?

The Constitution is a living document and must reflect the growing


aspirations of the people of India from time to time.

Hence, it is argued that amendments to the Constitution are not


merely reflective of such aspirations but also emphasise and translate
the will of the people to carve out their own destiny.

Why frequent amendment can be bad?

Amendment may be politically motivated.

Such criticism is often made with reference to thecontroversial 42nd


amendmentbrought in by Indira Gandhi at the height of the
Emergency, when her powers were supreme.

Indian Constitution has proven relatively easy to change, and has


been amended more than once a year on average.

Even though the Indian Supreme Court has the power to strike down
or set aside constitutional amendments, it has no power to repeal

them, which means that many ineffective provisions of the Constitution


remain on the books.

Some of the amendments have been done in a hurrydue to the over


enthusiasm of the legislature, offending the basic structure of the
constitution

Judicial Pronouncements:
Judicial pronouncements restricted the power of Parliament for making
constitutional amendments only in such cases as where the basic
structure of the Constitution is not altered.
Mainly 3 judgement are responsible for this:
o

TheGolaknath v State of Punjab where it was upheld that


constitutional amendments through Article 368 were subject to
fundamental rights;

TheKeshavananda Bharati judgment(1973), where the doctrine


was espoused that the Constitution has a basic structure of
constitutional principles and values and that the judiciary has the
power to review and strike down amendments which conflict with, or
seek to alter, this basic structure of theConstitution

TheMinerva Mills casethat applied and evolved thebasic


structure doctrineof theConstitution, unanimously ruling that
Parliament cannot exercise unlimited power to alter this basic structure
or tread upon the fundamental rights of individuals, including the right
to liberty and equality.

Why have there been so many amendments to the Indian


Constitution? Do you think Indian Constitution is too flexible?
Critically analyse the nature of these amendments and causes
behind them. (200 Words)

42ND AMENDMENT

42nd Amendment Act:

Enacted in 1976 during Emergency by Indira Gandhi Government

It is regarded as one of the most controversial amendment

Amendment
1.

had

four

major

purposes:

Exclude the courts entirely from election disputes;

2.

To strengthen the central government vis--vis the state


governments and its Compatibility to rule the country as a unitary, not
a federal, system;

3.

To give maximum protection from judicial challenge to social


revolutionary legislation;

4.

To trim the judiciary, so as to make it difficult for the court to upset


parliaments policy in regard to many matters.

Changes

were

Preamble : It changed the characterization of India to "sovereign,


socialist, secular democratic republic" from "sovereign democratic
republic" and the words unity of the nation was changed to "unity and
integrity of the nation".

Parliament: Raised the term of Loksabha and Vidhansabha from 5


to 6 years. The quorum was left to be fixed by the rules of each
house.

Judicial : Stating that the amendments can't be questioned by any


court on any ground.

Executive: The amendment stated that the president shall act in


accordance to the council of ministers.

Federal : enable the Centre to deploy armed forces for dealing with
situations of law and order in any state.

Emergency :authorizing the President to declare emergency in "a


part" of the country

The 42nd amendment changed the whole complexion of the constitution,


making parliament the supreme sovereign body, excluding courts entirely
from election disputes, strengthening central government to rule as a unit
NOT as a federal system, cutting down the judiciary powers to challenge
legislation abolishing democracy and devaluing fundamental rights.

The 42nd Amendment almost rewrote the Constitution, making


Parliament the supreme sovereign body. Critically analyze. (200
Words)

44TH AMENDMENT

44th Amendment Act:


The 44th amendment of the Constitution was enacted by the Janata
Government mainly to nullify some of the amendments made by the 42nd
Amendment Act, 1976. It made wide scale changes to the Indian
Constitution to make the Indian polity more democratic.
Changes Made:
1.
2.
3.
4.
5.

6.

Constitutional protection to publication in newspaper of the


proceedings of the Parliament and State Legislatures.
Empowered president to send back advice of council of minister for
reconsideration.
Restoration of some powers of the Supreme Court.
Fundamental Rights Guaranteed by Articles 20 and 21 cannot be
suspended during a national emergency.
It replaced the word "internal disturbance" with "armed rebellion". It
made president to declare national emergency only on written
recommendation of cabinet. Duration of national emergency should not
be extended more than 6 months at a time.
The Right to Property was deleted from the list of fundamental right.
It is now only a legal right under the Constitution.

7.

It provided for judicial review of election of president, governors and


LS speaker.
8.

The 44th Amendment Act repealed Article 19 (1) (f) and also took
out Article 31(1) has been taken out of Part III and made a separate
Article 300A in Chapter IV of Part XII. This amendment may have
taken away the scope of speedy remedy under Article 32 for the
violation of Right to Property because it is no more a Fundamental
Right. Making it a legal right under the Constitution serves two
purposes: Firstly, it gives emphasis to the value of socialism
included in the preamble and secondly, in doing so, it conformed to
the doctrine of basic structure of the Constitution.

Critically discuss why the 44th Amendment made to the


Constitution of India is considered as one of the most
important amendments. (200 Words)

BASIC FEATURE

The doctrine of Basic Structure of the Indian Constitution was evolved


during the landmark judgement in Keshvananda Bharti case 1973. The
basic structure concept implies that the Parliament's power to amend
Constitution (Article 368) is not unfettered. So any law or amendment
made is subject to the judicial review and the judiciary has the power to
struck it down if found ultra vires. So the Basic Structure reflects the
understanding of the thought and wisdom of our founding fathers and
seeks to curb any autocracy on the part of the State. It also bolsters the
idea that Judiciary is indeed the last resort of a citizen. This judgement can
be seen as a precursor to judicial activism.
From the various judgements, the following have emerged as basic
features of the Constitution:

Supremacy of the Constitution

Sovereign, democratic and republican nature of the Indian polity

Secular character of the Constitution

Separation of powers between the legislature, the executive and the


judiciary

Federal character of the Constitution

Unity and integrity of the nation

Welfare state (socio-economic justice)

Judicial review

Freedom and dignity of the individual

Parliamentary system
Rule of law
Harmony and balance between Fundamental Rights and Directive
Principles
Principle of equality
Free and fair elections
Independence of Judiciary
Limited power of Parliament to amend the Constitution
Effective access to justice
Principle of reasonableness
Powers of the Supreme Court under Articles 32, 136, 141 and 142

Write a brief note on the basic features of the Indian constitution.


If you are asked to alter or replace any of these basic features,
what would they be? Justify. (200 Words)
COMPULSORY VOTING

Compulsory voting at elections to local bodies in Gujarat


Gujarat Local Authorities Laws (Amendment) Act, 2009 received the
Governors assent. The Act introduces an obligation to vote at the
municipal corporation, municipality and Panchayat levels in the state of
Gujarat.
Following the amendments, it shall now be the duty of a qualified voter to
cast his vote at elections to each of these bodies. This includes the right
to exercise the NOTA option. The Act empowers an election officer to
serve a voter notice on the grounds that he appears to have failed to vote
at the election. The voter is then required to provide sufficient reasons
within a period of one month, failing which he is declared as a defaulter
voter by an order. The defaulter voter has the option of challenging this
order before a designated appellate officer, whose decision will be final.
The Act carves out exemptions for certain individuals from voting if
1.
He/ She is rendered physically incapable due to illness etc.;
2.
He/ She is not present in the state of Gujarat on the date of election;
or
3.
For any other reasons to be laid down in the Rules.
The previous Governor had withheld her assent on the Bill for several
reasons. The Governor had stated that compulsory voting violated Article
21 of the Constitution and the principles of individual liberty that permits
an individual not to vote. She had also pointed out that the Bill was silent
on the governments duty to create an enabling environment for the voter
to cast his vote. This included updating of electoral rolls, timely

distribution of voter ID cards to all individuals and ensuring easy access to


polling stations.
DUE PROCESS VS PROCEDURES ESTABLISHED BY LAW

Article 21 in The Constitution Of India


Protection of life and personal liberty :- No person shall be deprived of his
life or personal liberty except according to procedure established by law.
Difference between
established by law

Due

process

of

law

and

Procedure

Procedure established by law

It means that a law that is duly enacted by legislature or the


concerned body is valid if it has followed the correct procedure.

In this the court would assess that whether there is law or not,
whether the Legislature is competent to frame the law and whether it
had followed the procedure laid down to legislate and would not assess
the intent of the said law.

This doctrine has a major flaw. It does not assess whether the laws
made by Parliament is fair, just and not arbitrary.

Procedure established by law means a law duly enacted is valid


even if its contrary to principles of justice and equity.

Strictly following procedure established by law may raise the risk of


compromise to life and personal liberty of individuals due to unjust
laws made by the law making authorities. Thus, Procedure established
by law protect the individual against the arbitrary action of only the
executive.
Due Process of Law

Due process of law doctrine not only checks if there is a law to


deprive the life and personal liberty of a person, but also see if the law
made is fair, just and not arbitrary.

If SC finds that any law as not fair, it will declare it as null and void.
This doctrine provides for more fair treatment of individual rights.

Under due process, it is the legal requirement that the state must
respect all of the legal rights that are owed to a person and laws that
states enact must confirm to the laws of the land like fairness,
fundamental rights, liberty etc.

It also gives the judiciary to assess the fundamental fairness, justice,


and liberty of any legislation.

Thus Due process protect the individual against the arbitrary action
of both executive and legislature.
The difference in laymans terms is as below:
Due Process of Law = Procedure Established by Law + The procedure
should be fair and just and not arbitrary.

What is practically followed in India?

In India a liberal interpretation is made by judiciary after 1978 and it


has tried to make the term Procedure established by law as
synonymous with Due process when it comes to protect individual
rights.

InManeka Gandhi vs Union of Indiacase (1978) SC held


that Procedure established by law within the meaning of article 21
must be right and just and fair and not arbitrary, fanciful or
oppressive otherwise, it would be no procedure at all and the
requirement of Article 21 would not be satisfied.

Thus, the procedure established by law has acquired the same


significance in India as the due process of law clause in America.
Source (ForumIAS Daily Briefs)
FREEDOM OF EXPRESSION

Context:
Madras High Court judgement that the freedom of expressions of artists
and authors should be protected and instead of asking them not to
publish/display their work by citing reasons of law and order, the state
should focus on maintaining law and order
What HC has said?

Clarifying the real intent of freedom of speech as described in


Article 19(1)(a) of the constitution, the court ruled that, the
presumption of this article is freedom of speech and not restriction, so
till the time the court does not feel that the matter comes under the
ambit of reasonable restrictions under Article 19(2), the freedom of
speech must be guaranteed no matter what the opinion of a section of
society is

Court also suggested to institute an expert body which would deal


with the situation where there are conflict of views related to art,
literature etc. This expert body should consist of people qualified in the
branch of art and creative literature

Court has also asked the state to ensure that proper protection and
security is provided to the artists and author when they are attacked by
a section of society due to their work

FUNDAMENTAL DUTIES

Fundamental Duties:

Added by 42nd constitutional amendment act, 1976 based on the


recommendation of Swaran Singh Committee
The Part IV-A of the constitution specifies 11 fundamental duties in
Article 51-A
The 86th Constitutional Amendment Act of 2002 added 11th
fundamental duty.
Unlike FRs, FDs are not legally enforceable.

What are some additional duties which can be added?


1.
Duty to Vote: Article 326 and RPA,1951 confers right to vote. But
voter turnout remains low (~67% in last general election). This
undermines democracy and legitimacy of elected government
2.
Duty to Pay Taxes: Tax gap is continuously increasing. Only ~4%
pay taxes. This hampers social expenditure by government and thus
impacts standard of living.
3.
Duty to help accident Victims
4.
Duty to keep neighbourhood clean
Related Questions:

"Adopted in 1976, the Fundamental Duties have been incorporated


in the Constitution to remind every citizen that while enjoying their
rights, they also need to be conscious of their duties." Comment. (200
Words)
PREAMBLE

The
1.

Preamble

reveals

four

ingredients

or

components:

Source of authority of the Constitution: The Preamble states that the


Constitution derives its authority from the people of India.

2.

Nature of Indian State: It declares India to be of a sovereign,


socialist, secular democratic and republican polity.
3.
Objectives of the Constitution: It specifies justice, liberty, equality
and fraternity as the objectives.
4.
Date of adoption of the Constitution: It stipulates November 26,
1949 as the date.
The Preamble embodies the basic philosophy and fundamental values
political, moral and religiouson which the Constitution is based.
Preamble as Part of the Constitution:
1.
Berubari Union case (1960): Supreme Court specifically opined that
Preamble is not a part of the Constitution.
2.
Kesavananda Bharati case (1973): The Supreme Court rejected the
earlier opinion and held that Preamble is a part of the Constitution. It
observed that the Preamble is of extreme importance and the
Constitution should be read and interpreted in the light of the grand
and noble vision expressed in the Preamble.
3.
LIC of India case18 (1995): The Supreme Court again held that the
Preamble is an integral part of the Constitution.
Two
things
should
be
noted:
1.

The Preamble is neither a source of power to legislature nor a


prohibition upon the powers of legislature.
2.
It is non-justiciable, that is, its provisions are not enforceable in
courts of law.
In Kesavananda Bharati case SC held that Preamble can be amended,
subject to the condition that no amendment is done to the basic
features. The Preamble has been amended only once so far, in 1976, by
the 42nd Constitutional Amendment Act, which has added three new
wordsSocialist, Secular and Integrityto the Preamble.
Recent Issue: Government advertisement of Preamble (earlier version:
did not contained words - Socialist, Secular, and Integrity) on 66th
Republic day has caught up into a controversy in which different political
leaders are providing their own views on whether the two words should be
retained or not.
Historical significance1.
42nd amendment act was brought in 1976 during the time of
emergency
2.
Amendment was done to make the Parliament the supreme
sovereign body
3.
To protect the government from legal challenges
4.
Scholars says that the "secular" word was added to secure the rights
of minority during the tough period of emergency
Views in support of the amendment1.
Explicitly says that India is a secular country, which is one of the
base on which our democratic society lies
2.
In contemporary India, progressive states are also not free from the
taint of chauvinism and communalism, as well as jeopardizing the

interests of poor people in the hand of some capitalist class. Thus,


words acts as a check on mindless development and communalism
Views against the inclusion of words1.
Both are part of the constitution even without the explicit use
2.
Preamble explicitly spoke of securing to all the citizens Justicesocial, economic and political means socialist state while give Liberty of
thought, expression, belief, faith and worship. If we have this liberty
then we are a secular state. Thus, there was no need for the
amendment
3.
Art 25, 26 which is a fundament rights in which there can be no
state interference, clearly defines that we are a secular state.
4.
DPSP explicitly says that state should protect the interest of its
subject, which is one of the attributes of a socialist state
In the light of rumors that the words "socialist" and "secular"
would be removed from the preamble of Indian Constitution,
critically examine the historical significance of the amendment
through which these words were added and what result these
words has had on Indian polity since their insertion into the
preamble. (200 Words)
RIGHT TO RELIGION

Article 25 says that all persons are equally entitled to freedom of


conscience and the right to freely profess, practice and propagate religion.
The implications of these are:
a.
Freedom of conscience: Inner freedom of an individual to mould his
relation with God or Creatures in whatever way he desires.
b.
Right to profess: Declaration of ones religious beliefs and faith
openly and freely.
c.
Right to practice: Performance of religious worship, rituals,
ceremonies and exhibition of beliefs and ideas.
d.
Right to propagate: Transmission and dissemination of ones
religious beliefs to others or exposition of the tenets of ones religion.
But, it does not include a right to convert another person to ones own
religion. Forcible conversions impinge on the freedom of conscience
guaranteed to all the persons alike.
From the above, it is clear that Article 25 covers not only religious beliefs
(doctrines) but also religious practices (rituals). Moreover, these rights are
available to all personscitizens as well as non-citizens.
However, these rights are subject to public order, morality, health and
other provisions relating to fundamental rights. Supreme court with some
of its judgement has reiterated the fact that Indian law is above any
religious
law/practice.
Some
cases
are:

1.

Shah Bano case in which supreme court approved compensation to


Muslim women in case of divorce which was against Muslim personal
law.

2.

Shabnam Hashmi case refers to right guaranteed by Indian law to


adopt
child
with
all
legal
rights.

3.

SC in Mathura Ahir case reiterated that personal law are not law
under
article
13 .

4.

SC ruling against forced implementation of fatwa reiterated this


fact.

Also AP shah committee recommended to amend law for property right to


Christian women. Also there is provision for Equal distribution of property
to
girl
child in
Hinduism.
Constitution aims for uniform civil code which is above all religion personal
law and guarantees equal right and equal protection of law irrespective of
religion. Such cases strengthen the core of fundamental right which
excludes practices contrary to basic natural justice.
Further, the State is permitted to:
a.
Regulate or restrict any economic, financial, political or other
secular activity associated with religious practice; and
b.
Provide for social welfare and reform or throw open Hindu religious
institutions of a public character to all classes and sections of Hindus.
Recent Case: Although their personal law permits men to have four
wives, the Supreme Court recently ruled that a Muslim's fundamental right
to profess Islam did not include practicing polygamy. SC upheld the UP
government's decision to sack one of its employees on the ground of
misconduct for opting for a second marriage during existence of the first
marriage without its prior permission.

The fundamental right to religion does not include practices


which run counter to public order, health and morality. Elucidate
with
suitable
examples.
(150
Words)
RIGHT TO PRIVACY

Right to Privacy refers to respecting and ensuring the privacy of the


individual. It is not explicit under the Constitution, but Supreme Court in
subsequent cases like MP Sharma and Kharak Singh case have
mentioned that Right to Privacy is implicit in Preamble and Article 21.

Positives:
1.

This will ensure the dignity of the individual as mentioned in our


Preamble.
2.
It will impose restrictions on the government when it tries encroach
our privacy.
3.
It will also give impetus to the Right to personal liberty, under Article
21 of the Constitution.
Negatives:
1.

It can hinder the implementation and performance of welfare


schemes -like Aadhar and Direct Benefits Transfer-which requires
personal data of citizens. These schemes are well intended and helps in
identification of marginalised sections and effective implementation by
preventing leakages.
2.
Right to Privacy will also restrict police and intelligence agencies to
collect private information about accused, dead persons etc. as
mentioned in DNA Profiling bill.
Recent Developments like Neera Radia case, Ratan Tata petition against
Phone tapping, Aadhar Initiative etc. it has come under debate.
Aadhar - Privacy issue
Aadhar initiative requires collection of personal data from residents of
India, and this
has resulted in controversy regarding its potential to be missed. This is so
because:
1.

It requires collection of biometric details like iris scanning and finger


prints which are essentially crucial details and could be misused.
2.
Cyber space is a vulnerable space and is prone to threat.
3.
Cyber security architecture is not very strong in India.
4.
Aadhar lacks statutory back up and is running on an executive
order, which has also raised questions.
However, Aadhar in itself is a well-intentioned program so as to plug
leakages and ensure financial inclusion. This will lead to better targeting
of subsidies and hence reduce the burden of exchequer. But the costs
should not outweigh the benefits.
Towards this end, government must:
1.
Strengthen cyber security system
2.
Assure by means of legislation that private details would be
maintained private
3.
Judicial backing against violation of right to privacy.
This is the need of the hour as stalling of Aadhar doesn't fare well for
social security

programs.

Should Right to Privacy be made a Fundamental Right under our


constitution? Critically comment. (200 Words)
Is Right to Privacy a Fundamental Right in India? In the light of
concerns raised against government's initiatives to collect
personal
data from citizens, critically comment. (200 Words
SECTION 309 OF IPC SUICIDE

Section 309 in The Indian Penal Code: Attempt to commit suicide


Whoever attempts to commit suicide and does any act towards the
commission of such offence, shall he punished with simple imprisonment
for a term which may extend to one year 1 [or with fine, or with both].
Supreme Court in 1994 put forward the observation that all fundamental
rights have both positive and negative connotation. For example, right to
freedom of speech also includes right to remain silent, right to do business
includes
right
not
to
do
business,
etc.
"Right to life" which is secured by the Article 21 of the Indian Constitution,
SC in P. Rathinam case for decriminalizing suicide stated that former
should include also the "right not to live a forced life" or "right to die". But
section 309 of IPC states attempt to commit suicide is punishable with
simple imprisonment up to one year and/or a fine.
The Government has decided to decriminalize attempt to suicide by
scrapping it from the Indian Penal Code. The decision comes six years
after the Law Commission of India recommended the repeal of Section
309 saying the act of taking one's own life should be treated as a
manifestation of deep unhappiness rather than a penal offence.
"Right to die" as deemed to be established by the decriminalization of
suicide is based on idea that it will promote cause of humanization. As
exercise of this right is central to personal autonomy and bodily integrity
and considered as of the precondition of humanization.
Some
1.

reservations

argued

by

specialist:

India has the highest suicide rate in world after China and
decriminalizing attempt to suicide will only increase this number
2.
Bihar government urged caution, saying suicide-bombers would no
longer be covered and deterred by law.

3.

MP government believed that the repeal would dilute Section 306


dealing
with
abatement
to
suicide.

It's obvious, logic of suspension of "freedom of speech" under specific


condition established by law and "allow to die" under Article 21 are not
the same. For example, if the sole bread winner of his family commits
suicide, his family would certainly be driven to destitution and thus suicide
doesn't
remain
a
private
affair.
Thus, decriminalizing suicide is a complex issue considering the unique
socio-cultural conditions of India. We should find better options by wide
public and parliamentary debate to smooth this issue.
In 1994 the Supreme Court gave a verdict that all fundamental
rights had positive as well as negative connotations. Can the
same logic be applied to Right to Life ? Critically examine in the
light of Government's recent decision to decriminalize section 309
of IPC which makes Suicide a criminal offence. (200 Words)
GOVERNANCE
ASPECTS OF GOVERNANCE
AADHAR

AADHAR vs Smart Cards


The Prime Ministers Office (PMO) has issued strict instructions to the
Information Technology Ministry to ensure that States and the Central
government stop issuing smart cards for new programmes for
beneficiaries, and to rely on the Aadhaar-based Direct Benefit Transfer
platform instead. Aadhaar is now backed by a law.

The move will impact ministries such as Labour, Social Justice and
Health, which are in the process or have already rolled out smart
cards.

The IT department has also been asked to prepare policy on the


delivery of various public services using Aadhaar, Jan Dhan Yojana and
existing platforms without the issuance of new smart cards.

The government had recently said that over 100 crore people,
constituting 93% of the adult population, had a unique identification
(UID) number under the Aadhaar platform.
Why Smart Cards are better?

Global financial infrastructure works on Smart Cards not on


Biometrics

Smart cards work using cryptography, which is more fool-proof than


biometrics. Biometrics allow for remote, covert and non-consensual
identification.
Ban on sharing AADHAR details

Government has banned agencies in possession of Aadhaar number


to publish or post the information publicly to ensure that the details are
not misused.
These agencies will have to ensure security and confidentiality of
the 12-digit resident identification number under the Aadhaar Act,
2016.
The biometric information collected by UIDAI cannot be shared with
anyone for any reason whatsoever.
These agencies will also have been mandated to inform Aadhaar
holders the purpose for which their details will be used. Any violation of
the Aadhaar Act will constitute an offence and is punishable under the
Act.
Under the Act, penalty has been prescribed for offences such as
impersonation of the Aadhaar holder at time of enrolment, tampering
with data and disclosing identity information.

BIMARU STATES

The BIMARU states are four northern Indian states: Bihar, Madhya
Pradesh, Rajasthan, and Uttar Pradesh. BIMARU is an acronym formed
from the first letters of the names of the states. It was coined by Ashish
Bose in the mid-1980s. BIMARU has a resemblance to a Hindi word
"Bimar" which means sick.
UP and Bihar are two of the original BIMARU states that are still backward
and have
not progressed vis-a-vis other states. Some of the reasons for this are:
1.

Administrative: The two states are large in size and at times have
become administratively unwieldy. There have been proposals to
further
divide
UP
although
they
have
not
materialized.

2.

Poor state of social indicators, like: Literacy rate ranking (among


35 states and UTs) Bihar: 35th, UP: 29th. - Maternal mortality rate (allIndia average 178 per 100,000 live births) Bihar: 219, UP: 292. Fertility
rate
(all-India
figure
-2.4) Bihar:
3.5,
UP:
3.3.

3.

Geographical: Both the states have international borders which are


not impermeable. There is a lot of movement of people, arms, drugs
which further creates law and order problems in the states.

4.

Historical: Historically Bihar and Central and Eastern UP have not


seen a major green revolution which brought prosperity to North Indian
states. Schemes like BGREI have been started and are expected to
show
results
in
years
to
come.

5.

Political: Some regard the continuous confrontation between


government at the centre and states as a reason for poor
developmental status of two states.

6.

Corruption

and

nepotism.

Positive

developments:

1.

UP and Bihar have well controlled the natural calamities i.e..


Famines, Floods and Droughts through scientific techniques. In PreIndependence period many famines and flood took place and presently
none
happens.

2.

They have utilized the multiple cropping pattern which hardly any
state
of
India
can
match.

3.

Due to the external factors like weather and area the productivity is
less otherwise if seen in controlling this much huge population there
effort is commendable.
4.
Panchayati
Raj
has
been
a
success
till
date.
The

solution

to

the

problem

involves

taking

following

steps:

1.

Human Resource Development: The two states share poor


literacy levels and health status of its residents. Governments at centre
and state must work in close cooperation with local governments and
administration to implement schemes in spheres of education, health
and
skill
development.

2.

Tourism: Bihar has a lot of potential for spiritual tourism whereas


UP can be developed as a site of eco-tourism. Tourism brings in
employment for the local people and additionally forex for nation.

3.

Investment: As has the case been in Gujarat, Tripura, Andhra


Pradesh, investment summits on similar lines to encourage private
investment in these areas can help generate income, employment and
infrastructure.

4.

Infrastructure:
Public
investment
is
much needed
for
infrastructural development. There is a lot of untapped potential for
roadways, railways and inland waterways. NW-1 on Ganga river has not
been used to the optimum.

All these suggestions if followed zealously can bring a major change in


the
developmental status of these states and truly bring forth the spirit of
inclusive
growth.

It is said that of the original Bimaru states, only Bihar and UP


have remained impervious to positive developmental changes.
Critically examine why and suggest what needs to be done to

develop

them.

(200

Words)

CPGRAMS

The CPGRAMS is an online web enabled application to facilitate speedy


redress of public grievances as it allows for online lodging and status
tracking of grievances by the citizens. The system is flexible enough to be
extended to multiple levels as per the requirement of concerned
Ministry/Department/ Govt. Organization for speedy forwarding and
redress of grievance.

With this, the Government aims to have minimum Government and


maximum Governance with citizen centric approach.

Award Scheme is expected to bring a sense of competitiveness in


Ministries/ Departments to address public grievances
NOTE: Use term CPGRAMS in your answers related to good governance,
transparency, Grievance Redressal etc.
CRIMINAL DEFAMATION

What is Defamation?
Defamation refers to the act of publication of defamatory content that
lowers the reputation of an individual or an entity when observed through
the perspective of an ordinary man. If defamation occurs in spoken words
or gestures (or other such transitory form) then it is termed as slander and
the same if in written or printed form is libel.
Criminal Defamation is legal : SC
The Supreme Court has upheld constitutional validity of penal laws on
defamation as the right to life under Article 21 includes the right to
reputation.
What was the case?
The petitioners had alleged that the provisions of criminal sanction act as
a censoring device thus violate the freedom of speech guaranteed by the
Constitution.
What are the current legal provisions?
Defamation in India is both a civil and a criminal offence.

In Civil Law, defamation falls under the Law of Torts, which imposes
punishment in the form of damages awarded to the claimant (person
filing the claim).

Under Criminal Law, Defamation is bailable, non-congnizable and


compoundable offence. Therefore, the police cannot start investigation
of defamation without a warrant from a magistrate (an FIR cannot be
filed). The accused also has a right to seek bail. Further, the charges
can be dropped if the victim and the accused enter into a compromise
to that effect (even without the permission of the court)

Sections 499 (Define defamation) and 500 (Determines punishment)


of the Indian Penal Code (IPC), 1860 make defamation a criminal
offence. In a criminal wrong a person can invite imprisonment up to
two years as per section 500 of IPC, while in a civil wrong a person may
be sued for monetary compensation.

What is the decision of SC?


Supreme Ruled that

Freedom of Right to speech and expression enshrined under Article


19 of Constitution does not confer any right to a person to trample the
reputation of others.

Right to free speech is not absolute, so it does not mean freedom to


hurt anothers reputation which is protected under Article 21 of the
Constitution.

Defaming a person amounts to offence against society and the


government is entitled to lodge a case against a person under criminal
defamation law.

Magistrates across the country to observe extreme caution while


issuing summons in private defamation complaints.

Henceforth the interim protection will continue and criminal


proceedings will remain stayed before trial court.
Some Facts:

The United Kingdom abolished criminal defamation altogether

Constitutional Court of Zimbabwe struck it down as


unconstitutional restriction upon the freedom of speech

an

Why defamation should remain a criminal offence?

Defamation should remain a penal offence in India as the defamer


may be too poor to compensate the victim in some cases.

Since there is no mechanism to censor the Internet from within,


online defamation could only be adequately countered by retaining
defamation as a criminal offence.

Also, criminalisation of defamation is part of the states compelling


interest to protect the right to dignity and good reputation of its
citizens.

Unlike in the U. S, defamation in India cannot be treated only as civil


liability as there is always a possibility of the defamer being judgment
free, i.e., not having the adequate financial capability to compensate
the victim.

Besides, Sections 499 and 500, framed in 1860, cannot be said to


obsolete in a modern democratic polity as there are 10 exceptions to
Section 499 of the IPC. These exceptions clearly exclude from its ambit
any speech that is truthful, made in good faith and/or is for public
good.
Why defamation should be a civil offence only?

Critics argue that defamation law impinges upon the fundamental


right to freedom of speech and expression and that civil defamation is
an adequate remedy against such wrongs
The misuse of law as an instrument of harassment is also pervasive
in India. Often, the prosecutors complaint is taken at face value by
courts, which send out routine notices for the appearance of
defendants without any preliminary examination whether the offending
comments or reports come under one of the exceptions spelt out in
Section 499. Thus, the process itself becomes the punishment
Criminal defamation has a pernicious effect on society: for instance,
the state uses it as a means to coerce the media and political
opponents into adopting self-censorship and unwarranted self-restraint

What needs to be done now?


Reforms to defamation would best be done through the enactment of a
new statute. Such a law should decriminalize defamation and reform civil
defamation to make it fairer and clearer.

The new law should also factor in the Internet and new media when
deciding issues like who can be punished for defamation and how.

Limits should also be set around civil defamationnot only must the
loss to reputation be serious, the proof must also be substantial. The
complainant must demonstrate that material injury was caused to their
reputation as a direct result of the alleged statement.

Truth, opinion and reasonable inference should also be made viable


defences in defamation suits.

Courts should also be empowered to impose exemplary costs on


frivolous suits that waste their time.

To ease the burden of the judiciary, it is vital that courts are required
to only hear serious defamation cases that havent been amicably
settled.

Legal reforms can also be supplemented by measures addressing


the imbalance of resources, such as indemnification clauses in
contracts for journalists and a form of defamation insurance.

Do you think the presence of Sections 499 and 500 (criminal


defamation) of the Indian Penal Code is an affront to free speech
prescribed under Article 19 (2) of the Constitution? Critically
comment. (200 Words)

Section 499 of IPC: Defamation Whoever, by words either spoken or


intended to be read, or by signs or by visible representations, makes or

publishes any imputation concerning any person intending to harm, or


knowing or having reason to believe that such imputation will harm, the
reputation of such person, is said, except in the cases hereinafter
expected, to defame that person.

Section 500 of IPC: Whoever defames another shall be punished with


simple imprisonment for a term which may extend to two years, or with
fine, or with both.

In many countries defamation is defined both as a civil wrong and a


criminal offence. In other words, a person can either be sued for
compensation by the affected person or be criminally prosecuted by the
state. Article 19 campaigns against criminal defamation as it is a
disproportionate punishment and has a harsh effect on freedom of
expression.

While the right to freedom of speech is granted by constitution, it is


subject to reasonable restrictions of which defamation is one.
Unsubstantiated or wrong allegations often cause irreparable damage to
the reputation of a person and may cause financial as well as physical
harm. Thus, it is important to protect against defamation.

While civil defamation is completely justified, criminal defamation is a


legacy of colonial era. It was intended not to protect civil rights of the
people, but to discourage any dissent against the foreign rule. It Curbs
Right to express freely. General public fears police. It is often misused by
powerful section of society to curb any voice against them.

A law commission paper acknowledged that criminal defamation violated


international norms and had chilling effect on free speech.

Defamatory acts which harm the public order are already covered
under section 124, 153, 153A of the IPC.

Hence, criminal defamation serves no overarching public interest. Thus, it


is imperative to review criminal defamation so that the intent and spirit of
the constitution can be realised.

DISHA

The Union Government has constituted the District Development


Coordination and Monitoring Committee (DDCMC) for effective
development and coordination of Central Governments programme.
It will monitor the implementation of 28 schemes and programmes of
Union Ministry of Rural Development and other Ministries to promote
synergy and convergence for greater impact.
What it will do?

The main purpose of the DISHA is to coordinate with Central and


State and local Panchayat Governments

It has been created for effective coordination and development of


Central Governments programme for infrastructure development or
Social and human resource development

The Chairperson of the committee will be the senior most Member


of Parliament (Lok Sabha) elected from the district, nominated by the
Union Ministry of Rural Development

It will ensure the participation of peoples representative at all levels


and successful implementation of flagship programme of central
government.

Ensure that all Central Government programmes are implemented in


accordance with the guidelines

Look into complaints and alleged irregularities received in the


implementation of the programmes. In this regard it will have authority
to summon and inspect any record

EDUCATION RANKING SYSTEM ( NIRF)

The government has unveiled an indigenous ranking framework for higher


educational institutions that it believes will give Indian institutions a
competitive
platform
free
of
any
international
bias.

About: The National Institutional Ranking Framework marks a paradigm


shift by including perceptions of students and parents in the ranking.

Initially, it will be voluntary for institutions to sign up for the


ranking.
The ranking will be done by an independent and autonomous body
and the exercise will be an annual affair.
It provides a transparent means for institutions to engage with
students.
The ranking framework is designed in such a manner that
institutions, belonging to different fields like engineering and
management, would be compared separately in their own respective
peer
groups.

The

framework

will

evaluate

institutions

on

five

parameters

teaching, learning and resources (TLR)


research, professional practice and collaborative performance (RPC)
graduation outcome (GO)
outreach and inclusivity (OI)
perception
(PR)
of
end
users

The HRD ministry will rank institutions verticallyengineering,


management, universities, etc. Besides, it will also create two categories.
Category A: those focusing on research and teaching; and Category B:
those
focusing
primarily
on
teaching.
Why such a framework was necessary?

International ranking agencies only consider research work done in


English, the body of work in regional languages is not considered.

Social inclusion or the reservation system is often not considered by


international ranking agencies.

This framework gives new institutions a level playing field with older
institutions.
Performance of Indian institutions: Indian universities, including the Indian
Institutes of Technology (IITs) have failed to garner a respectable ranking
year after year in the World University Rankings, done by various
international agencies like Times Higher Education and Quacquarelli
Symonds
or
QS.
Recently, British ranking agency Quacquarelli Symonds (QS) ranked the
Indian Institute of Science, Bangalore, and the Indian Institute of
Technology, Delhi, at 147 and 179, respectively, in the QS World University
Rankings for 2015-16. This is the first time in years that two Indian
institutes have been placed in the Top 200 of global education.

GOVERNMENTS REPORT CARD

Good:

Transparency in critical infrastructure sectors ex. Coal and Telecom


auctions are transparent now

Backlog in environment clearances cleared

Step towards cooperative federalism by adopting 14th FC


recommendation of 42% tax share for states

Government doing big expenditure in infrastructure. It is leading to


multiplier effect and sustaining our economy in times of recession
world over
Bad:

Private investment not picking up

Ease of doing business and Make in India programmes, MUDRA,


Start-Up India action plan and Stand-Upetc. not leading to any
concrete output.

INTRA PARTY DEMOCRACY

National parties response to the transparency is well documented


particularly when they continuously ignored the chief information
commissioner directives of coming under RTI Act. All the talk of
transparency and good governance are useless unless parties become
transparent
and
bring
intra
democracy
in
the
party.
Transparency
A large portion of the party funding are unaccounted for with no records of
the donor. Fear of Hawala money being used in polls is rife. Anti-national
elements
may
benefit
from
any
such
practices.
Corporate funding often leads to quid pro quo and industry friendly policy
may be formulated at the expense of marginalized. In such situations
accountability and integrity are compromised at the altar of petty political
gains and corruption free governance becomes a distant dream.
Intra Party Democracy

Most of the political parties in India are driven by personality rather than
performance. Over reliance on charismatic personalities subdues
democratic values and promotes arbitrariness. Personality driven politics
prevents rise of 2nd line leadership. Nepotism and favoritism becomes the
norm instead of meritocracy. Representation of diverse society becomes
secondary
to
allegiance
to
the
leadership.
To get rid of corruption free good governance parties must come clean.
State sponsored funding, ban on corporate funding, increased limits for
poll expenditure, parties to be brought under RTI are some of the
initiatives that can be taken to usher in transparency and accountability in
political parties.

Until parties adopt strict rules on transparency and intra-party


democracy, the materialization of the idea of corruption free good
governance is a distant dream. Critically analyse. (200 Words)

JUVENILE JUSTICE

Effectiveness of Juvenile Justice System:

Delhi has 2 Juvenile justice board


Receive more than 2000 juveniles
Needs to dispose 600 cases
143% increase in pendency

Issues

Office of Public prosecutor lack infrastructure - no computer,


receives no fund for stationary, not a single staff has been provided
Public prosecutor is central to effective criminal justice system
2 JJ board also face shortage of probation officers

The Union Cabinet has recently agreed to the provisions of Juvenile Justice
(Care & Protection) Bill, 2014 in which it proposes to try Juveniles between

16 & 18 years of age would be tried as adults for certain class of heinous
crimes like rape, murder, dacoity. India signed UN Convention on Right of
Child 25 years back for protecting the right of child. Also, as per the
Constitution of India, an individual is not considered mentally eligible to
cast his vote, economically and physically eligible to consummate a
sexual relationship and marry. It is because law consider him not fully
grown mentally, economically and physically then how could law punish
him considering him fully grown. The provisions of the bill are criticised by
many experts and child rights activists.
Arguments against the above provision:
1.
The said provision of the Act are in violation of the
constitution and UN convention on Child Rights which treats anyone
below 18 years of age as a Child.
2.
The evidence that such policies do not lead to any palpable drop in
crime rates by the Juveniles in the countries which try Juveniles as
adults for certain crimes, goes against the principle of evidence based
policy making.
3.
Other provisions of the Act which says that a Juvenile Justice Board,
which will include psychologists, will decide after examination of the
Juvenile if he could be tries as an adult seems flawed.
The subjectivity in such examination violates the principle of rule of law
under the constitution. There is also the issue of unavailability of large
number of such experts.
4.
Other arguments like reformative justice, social upbringing of such
juveniles, etc. go against such an Act.
5.
It also violates Art 14, Right to equality of the constitution by
creating a separate class of citizens.
6.
It ignores evidences from across the globe that suggests no link
between punitive laws and improved public safety or deterrence.
Instead in some countries like USA the transfer system has resulted
into higher subsequent crimes by juveniles (largely because of
negative influences in jails).
Arguments in favour of the Act:
1.
Children during current times mature early with the kind of exposure
they have.
2.
The crimes committed by the Juveniles are on the rise
3.
Many developed countries already have provisions for trying
Juveniles as adults for certain class of crimes.
Adolescent age is when child is emotionally & hormonally imbalanced so
leaving him prone to such crimes. It has often been observed that those
who go to prison become hardened criminals later. The root causes of
such crimes like poverty, lack of education, broken families, poor
rehabilitation and foster homes, unlimited access to pornography should
be addressed to solve the issue.

The Cabinets nod to amendments in the Juvenile Justice Bill


would not only violate the basic principles of the Constitution, but
also be in conflict with evidence-based social policy. Critically
comment. (200 Words)
Recently the government proposed to introduce legal provisions
to ensure that children between the ages of 16 and 18 are tried
as adults if they commit heinous offences such as murder and
rape. Do you think is it a step in right direction? Critically
analyse. (200 Words)
The Cabinets nod to amendments in the Juvenile Justice Bill
would not only violate the basic
principles of the Constitution, but also be in conflict with
evidence-based social policy. Critically comment. (200 Words)

NATIONAL CAPITAL TERRRITORY

The 69th constitutional amendment designated Delhi as National Capital


Territory of Delhi and provided Legislative Assembly. However it was not
conferred with full statehood and is administered by union government
through Lieutenant Governor. Article 239AA and 239AB, declares the
powers and limitations to legislature of the NCT by keeping Public Order,
Police and Land out of its purview. This has been a bone of contention
between successive governments in Delhi and the Union Government, for
granting
proper
statehood
to
Delhi.
How

Delhi

is

different

from

other

states?

Article 239AA of the Constitution expressly precludes the state


government of Delhi from control on the subjects of land, police and
public order.
Any law passed by Delhi assembly with respect to local bodies has
to be sent to Urban Development Ministry for approval and it should be
in
concurrence
with
Municipal
Corporation
Act
1957.

Problems with the existing laws

Federalism and autonomy is in question as the state government


has to get approvals for most of the laws which is passed by them.
The existing set up undermines the role of elected legislature

Various parties argue that such a demand for statehood is logical with
following

merits:
1.

As the CM and legislature is elected by the people, so they are


responsible for the governance of Delhi. Hence, they must be given
sufficient
power
to
deliver
the
same.

2.

After increasing incidents of Rape and other crimes, the demand for
control over Delhi Police has become stronger, with logic of democratic
control

3.

As land doesn't come into Delhi Government purview, it has to


depend on the Central government for approval of acquisition for
infrastructural
development.

4.

Delhi is already world's second most populous city in the world with
acute water problem and other urbanization associated problems.
There are three major power centers in Delhi- union government, state
government and municipal bodies- without clear demarcation of duties
and responsibilities. The grey areas still prevail largely making
governance
of
the
urban
centre
complex.

5.

Many times the Art. 239AA and the clause 45 of NCT Act is misused
by the Lt. Gov. to decide on discretion without consulting the
democratically elected government. This undermines the democratic
ethos of Delhi.

Relevance

in

contemporary

politics:

The subject of statehood to Union Territories (especially Delhi) has been a


political topic for the past 2 decades. The union government which has its
seat of power in Delhi wants to have a substantial control in all matters
as it may affect the performance of government if the state is ruled by an
opposition party. Thus the elected institutions needs to the strengthened
& empowered for the delivering the best to the citizens.
Set

up

in

other

countries:

1.

France, a unitary state, the administrative subdivisions - regions,


departments and communes - has autonomy in various legal functions.
The national government is prohibited from intruding in them. But
the independence of the capital region of Paris in formulating its
policies and implementing them is circumscribed by special powers of
the
president
of
the
French
Republic

2.

Canberra does not have the same legislative independence as the


other Australian states, and Australia's governor-general is the head of
Australia's
Capital
Territory.

3.

In China, central government exercises more control not only over


the city of Beijing, the capital, but also the important cities of
Shanghai, Tianjin and Chongqing. These four municipalities are directly
under the central government, which also appoints the mayors.

4.

In USA, a federal country, land was pooled from two states Virginia
and Maryland to develop the Washington DC. Its citizens elect a nonvoting delegate to the House of Representatives. They have no
representation
in
the
Senate.

Given the global experience, it would not be prudent to give full


statehood to Delhi.
Reasons
follow:
1.

The capital region has diplomatic areas and other institutions of


national interests. They cannot be subjected to local government.

2.

Being the capital of entire India, the democratic rights of NCT's


citizens must accommodate the legitimate stakes of the country's
population,
represented
by
the
national
government.

3.

The NCT hosts VIPs, Parliament and HQs of various agencies. Giving
the local government power to approve their functions and movements
will be illegitimate.

Nevertheless, it is important to recognize the genuine rights of the citizens


and balance them against the equally legitimate concerns of national
nature.

India's National Capital Territory enjoys special status compared


to other metropolitan cities in India. Examine how other federal
governments such as USA and Australia, and unitary governments
such as China have devolved powers to their Capital Territories
compared to India's National Capital Territory and comment if
Delhi should be given full statehood. (200 Words)
Do you think the demand for full statehood to Delhi is logical?
Critically comment considering the merits and demerits of
granting
complete statehood to Delhi. (200 Words)
It is imperative that the rules and laws governing Delhi are
reviewed and areas of potential overreach by the Central
government are eliminated quickly enough. In the light of recent
events that have generated debate on the powers of Delhi's Chief

Minister and
statement.

Lieutenant General, critically comment on the


(200
Words)

Critically comment on the Constitution 69th Amendment Act


passed in 1991 and on Article 239 AA of the Indian constitution
and
their relevance to contemporary Indian politics. (200 Words)

ORDINANCE POWER

Article 123 of the Constitution empowers the President to promulgate


ordinances during the recess of Parliament. These ordinances have the
same force and effect as an act of Parliament, but are in the nature of
temporary laws. Similar power is given to Governor under Article 213.

Ordinances are essentially enacted to effectively deal with any


emergencies that may arise when the legislature is not in session. For e.g.
the ordinance amending the criminal law was that came in after the
intense public pressure following the 2012 gang-rape & death of Nirbhaya
was necessary. The ordinances are to be laid before each house of
Parliament within 6 weeks from the reassembly of Parliament. Such an
action is necessary so that the ordinance can get consent from the
Members of Parliament who have been directly elected by the people.

Ordinances have been promulgated even when there was no emergent


circumstance. For instance, food security ordinance was just promulgated
before the parliament session. Another instance is that of Governor of
Bihar who promulgated more than 250 ordinances in the 1970s and kept
that them alive for 1 to 14 years by re promulgation. Although such
instances of the use of this power are not unconstitutional in strict sense,
the supreme court has pointed out the cases of improper use of power
and laid down certain guidelines.

It is important to mention here that framers of our constitution envisaged


ordinance making power in order to deal with unforeseen and urgent

matters. But since independence this exclusive power had been misused
many
a
times.
In RC Cooper vs. Union of India(1970) the Supreme Court while examining
the
constitutionality of the Banking Companies Ordinance, 1969 which sought
to nationalize
14 of India's largest commercial banks, held that the President's decision
can be
challenged on the grounds that 'immediate action' was not required and
the ordinance
was passed primarily to by-pass the debate and discussion in legislature.
Similarly in DC Wadhwa vs. State of Bihar(1987), the court was examining
that the then
state government continued to re-promulgate ordinances without enacting
their
provisions into Acts of legislature.

There had been times when this power was used positively. The Telecom
Regulatory
Authority of India was created in 1997 first by an ordinance and later by
an Act of
Parliament. Recently the ordinance for e-auction of coal blocks cancelled
by the
Supreme Court, was an important and positive move in the direction of
ensuring
transparency

and

the

raising

energy

demands

of

the

nation.

In the view of both usage and misuses the ordinance making power is an
important one to meet the emergency and adverse matters. But it should

not be used by the executives as a replacement tool for law making power
of the legislature just for mere political motives.

"In any case, ruling by ordinance is a British legacy of retaining


control by the
controversial

Crown.

"

In

the

light

of

introduction

of

ordinances in recent years by the union government, critically


comment on the statement. (200 Words)

Recently the re-promulgation of the Right to Fair Compensation


and Transparency in Land Acquisition, Rehabilitation and
Resettlement (Amendment) Ordinance, 2015, created controversy
regarding misuse of ordinance power by the government.
Critically examine the issue and comment if, in your opinion, such
re promulgations goes against democratic principles. (200
Words)

Both the union and state governments sometimes resort to


ordinance route to "expedite development process" by passing
related new legislations or amending existing ones. Do you think
the promulgation of such ordinances is unconstitutional? In the
light of recent ordinances passed by the union government,
critically comment. (200 Words)

The power to promulgate an ordinance is essentially a power to


be

used to meet an extraordinary situation and it cannot be allowed


to be
perverted to serve political ends. Critically discuss how and why
the
ordinance
power
independence.
(200

has

been

used

and

misused

since

Words)

PMO

Prime Minister is the Head of Government in Parliamentary democracy.


PMO consists of immediate staff of the Prime Minister as well as multiple
levels of support staff reporting to the Prime Minister. The head of PMO is
Principle Secretary of PM. The PMO was originally called the Prime
Minister's Secretariat until 1977 when it was renamed.

Marginalisation of the PMO during the last decade where decision-making


lay with those outside the government. --> policy paralysis

last decade under Prime Minister Manmohan Singh was a wasted


decade like that of 1970s and 1980s because decision-making shifted
out of the PMO. The political model of governance in India had got
skewed because the Prime Ministerial Office itself, which should be the
last decision-making body in the country and must have the final say, had
been marginalised.

From
<http://www.thehindu.com/news/national/pm-has-the-last-wordjaitley/article7663034.ece>

PUBLIC POLICY

Public policy is the regulated guide, to action taken by the administrative


executive branches of the state, with regard to some issues, in a manner
consistent with law and institutional customs.

India's global competitiveness in directly linked to its ability to formulate


and implement sound and effective public policies, which is often ignored
in India. The purpose of public policy is not only to provide all answers, but
also to help the government in asking the right questions in the first
place.
For a country like India, public policy formulation requires a more rigorous
approach in many fields of inquiry, including sociology, anthropology,
economics, history, etc. This kind of approach for public policy formulation
is indispensable for good governance.
Other factors which influence its formulations are:
a. Evaluation of policy effectiveness through empirical analysis:
Empirical analysis should form the basis for any public policy. It
should rest upon sound institutional basis, in which there is both
continuity and change over time.
b. Rigorous legal and constitutional scrutiny before law and policy
formulation: If the executive and legislative accord more time,
thought and reflection before passing laws or making policies, the
risk of them being challenged by the next government will be
substantially reduced, saving precious time and money.
c. Building linkages among government agencies and academic
institutions: The advisory role played by the people outside
government should also give way to a stronger and executive role
so that those who are providing suggestions should feel that they
will be taken seriously.
The future of governance in India is bound to become more complex
leading to disputes. In responding to these challenges, the urgent need is
for public policy based analysis in which every stakeholder has a voice
and every voice adds dimension and meaning to its discourse.

Governance has become tied to democracy, with the public


sphere becoming crucial and public policy a critical field. What
do you understand by public policy? Critically examine the
nature of public policy in India and the factors that have influence
its
formulation.
(200
Words)
ROAD ACCIDENTS

Facts:

400 people lost their lives every day on Indias roads : Road Safety
Report, 2015

Eighty per cent of road accidents are termed fault of the driver,
according to a 2013 analysis by the Union Ministry of Road Transport
and Highways.
WHO - Nearly 2,00,000 people are killed in road accidents in India,
second highest globally behind China

What are the reasons for high number of road accidents in India?
1.
Boom in automobile sector and parallel rise of the Indian middle
class has increased volume of vehicles on the road. On the other hand,
road infrastructure and standards have not improved accordingly.
2.
Cases of drunk driving, rash driving, overtaking and disrespect of
traffic rules have increased.
3.
Not following safety standards like lane driving, traffic lights,
wearing helmets and seatbelts, etc.
4.
Rapid urbanization of cities and expanding of their limits.
5.
With driving tests in India not factoring in visual acuity, poor
eyesight could be a major culprit in road accidents. Depth perception
to judge the speed of incoming vehicles and glare recovery, a
measure of how quickly drivers can resume control of their vehicles
when suddenly blinded by the lights of an incoming vehicle, are all
known to be play a key role in road safety.
6.
Legislative Issues:
o
Motor vehicles act 1988 has become outdated in terms of
fines imposed, penalties, offences, jail terms, categorisation of
drivers, laxity in issuing driving licences and fixing accountability
and responsibility. In this context amended MVA proposes for
centralized database, graded penalty system, strict enforcement,
guidelines, online approvals, suspensions and stricter jail terms for
repeat offenders which is a progressive step
o
The Motor Vehicles Act is the Central law that governs rules
regarding licences but licences, ultimately, are a State subject. For
Indian commercial licences, an applicant requires a medical
certificate attesting 6/6 or normal vision whereas a private licence
only requires the applicant to self-certify
o
Proposed road transport safety bill should focus on road
safety, widened roads, signage's at curves, speed breakers at
vulnerable points, zebra crossing(a recent 3D crossing is
innovative),compulsory use of helmets, fine on excessive speeding,
use of airbags, compulsory recall if failing crash tests as these
entities are grossly inadequate in India
7.
Enforcement Issues:
o
These issues have been plagued by corruption, nepotism,
vested interests, sale of tender to unfit road contractors, issue of
fraudulent and duplicate licenses, among others.
o
Road transport offices and officers let off violators and
offenders with petty fines leading to increased RTA
o
Guidelines are not followed during construction leading to
potholes,
uneven
roads,
dangerous
turnings
and
weak
overbridges(eg- recent flyover collapse in West Bengal)

Provisions related to ambulances, emergency response


systems, resuscitation during the golden hour are not enforced
properly

Measures that can be taken:


Various nations have lowered their road fatalities by different steps
like Vision Zero in Sweden.
Various measures that
1.

can

be

adopted

in

India

are:

Promote sustainable transport approach i.e. reduce number of


kilometers travelled and reduce volume of vehicles on the road

2.

Avoid-shift-improve approach can be used to this end. We should


a.

Create awareness amongst people to avoid private means of


transport. This can be achieved by higher road and toll taxes,
sensitizing them over pollution issues.
b.
Shift the traffic onto public means of transport. Multi modal
transport systems with transit facilities are a good option.
c.
Improve existing infrastructure in terms of speed, time,
accessibility and affordability. Delhi Metro provides a great example
that
can
be
replicated.
3.

Stricter norms of traffic rules especially on drunk driving, over


speeding,
helmets
and
seatbelts.
Strict
challan
system.

4.

Identifying accident hotspots and re-engineering them specially


sharp curves, traffic merging points. Building alternative expressways
dedicated
to
particular
traffic.

5.

Preventing

6.
at

poor

people

from

sleeping on

roadsides.

Highway patrol units, cameras, repair shops and medical care units
fixed
distances
along
roads.

7.

Tax incentives to manufacturers of vehicles with more safety


features. But higher toll taxes and road taxes from users.

8.

Planners of cities should rationalise the proposed roads and lanes as


per
the
population
demands.

9.

Creating awareness amongst people towards over speeding and


rash driving by campaigning with slogans like Better late than never.

Who are Good Samaritans?


People who help accident victims and take them to hospital. They are
usually harassed by hospital authorities and later by police.

The government has issued a notification for the protection of Good


Samaritans in the wake of the Supreme Court (SC) direction on helping
accident victims
Background:

The Supreme Court had directed all the states to follow the Centre`s
guidelines that encouraged witnesses in road accidents to report to
police and also help survivors with medical treatment

The apex court had also directed the Centre to publish its guidelines
notified last year to ensure that all those who help accident
victims/survivors were not harassed by the police.
What are the guidelines?

assuring them anonymity and protecting them from any civil or


criminal liability for taking the victim to the nearest hospital

bystanders or passers-by, who chose to help a person in distress on


the road, should be treated respectfully and without discrimination on
the grounds of gender, religion, nationality, caste or any other.

complete anonymity in case the Good Samaritan does not want to


reveal his name or details, use of video-conferencing in case of any
further interaction with him by the authorities and provision for the
police to examine him at his residence or office or any place of his
convenience. This should be done only once and in a time-bound
manner.
In absolute numbers, more people die in road crashes in India
than anywhere else in the world. Critically examine why and
suggest what policy measures should India follow to reduce
deaths
caused
by
road
accidents.
(200
Words)
Related Notes:

Road Safety Bill


Road Sector

SECTION 199 OF CrPC

Section 199 of CrPC which allows public servants to file a complaint in a


sessions court through a public prosecutor for alleged defamatory
comments on their official acts.
Why in news?
Its validity was challenged in Supreme Court.
Judgement

Calling public servants a different class, the Supreme Court upheld


the validity of a provision.

Upholding the constitutional validity of criminal defamation the


court rejected demands to strike down Section 199(2) to (4) of the
Cr.PC.

The court rejected the argument that this section creates a separate
class. It also dismissed the contention that the classification

enumerated in this provision has no rationale and does not bear


constitutional scrutiny.
The court said Public functions stand on a different footing. The
provision gives them protection for their official acts. There cannot be
defamatory attacks on them because of discharge of their due
functions. In that sense, they constitute a different class.
Endorsing a public servants right to use the State machinery to
fight a defamation case against another citizen, the apex court
reasoned, one is bound to tolerate criticism, dissent and discordance
but not expected to tolerate defamatory attack.

SECTION 498 A OF IPC

Section 498A: Husband or relative of husband of a woman subjecting


her to cruelty. Whoever, being the husband or the relative of the husband
of a woman, subjects such woman to cruelty shall be punished with
imprisonment for a term which may extend to three years and shall also
be liable to fine.

The Supreme Court said women were increasingly using the anti-dowry
law to harass in-laws and restrained police from mechanically arresting
the husband and his relatives on mere lodging of a complaint under
Section 498A of the Indian Penal Code.

Citing very low conviction rate in such cases, it directed the state
governments to instruct police "not to automatically arrest when a case
under Section 498A of IPC is registered but to satisfy themselves about
the necessity for arrest under the parameters (check list) provided under
Section 41 of criminal procedure code".

The bench quoted "Crime in India 2012 Statistics" published by


National Crime Records Bureau to say that nearly 2 lakh people were
arrested in India in 2012 under Section 498-A, which was 9.4% more than
in 2011.

Indian Courts had been using IPC 498-A to safeguard the women from
facing the cruelty faced by them at their matrimonial home. Most of the
cases are related to dowry, wherein the woman is continuously threatened
for want of more money and property which if remains unfulfilled, the

married woman is tortured, threatened, abused- both physically and


verbally
and
harassed.
Several cases show that the married woman takes advantage of the
section. Many women rights groups justify the abuse of this section as
being a common feature with all other laws and that also the ratio of false
cases to that of true ones as being very low. But this still does not change
the truth. The abuse of this section is rapidly increasing and the women
often well- educated know that this section is both cognizable and nonbailable and impromptu works on the complaint of the woman and placing
the
man
behind
bars.
Justice must protect the weaker and ensure that the wronged is given a
chance to claim back his/her due. When women accuse their husbands
under Sec 498A IPC by making the offence non-bailable and cognizable, if
the man is innocent he does not get a chance quickly to get justice.
Misuse of the provision a new legal terrorism can be unleashed. The
provision is intended to be used a shield and not an assassins weapon.
Therefore, the lawmakers must suggest some way of making this section
non-biased to any individual such that the guilty is punished and the
person wronged is given justice

The fact that Section 498-A is a cognizable and non-bailable


offence has lent it a dubious place of pride amongst the
provisions that are used as weapons rather than shield by
disgruntled wives. Critically analyse in the light of recent
Supreme Court judgement. (200 WordS)

SMALL STATES

28/04/2016
The formation of three small States in 2000, Chhattisgarh,
Jharkhand, and Uttarakhand nourished hopes that democracy

would be deepened. Do you think democracy has deepened in


these states and these states have fulfilled the objectives behind
their formation? Critically comment. (200 Words)
The formation of Chhattisgarh, Jharkhand and Uttarakhand after years of
struggle against injustice and exploitation had nourished hopes of
democracy, but these were belied because:

Representatives of these regions colluded with national parties


prioritising identity politics over the appeals and struggles for justice of
its own people.

Tribal, SCs AND STs have been victims of exploitation,


discrimination, forceful evictions, denial of rights and land grabbing
even after formation of autonomous states.

The Forest rights act 2006,PESA act, 5TH schedule provisions, land
reform acts, redistribution and decentralisation initiatives empowering
Gram Sabha have been only partially implemented.

Also the real empowerment comes from devolution of power to local


bodies, which has not happened.

The parties in parent state and the issues thereof still have a large
bearing on domestic politics

Often Tribe Advisory Council and Gram Sabhas are not in


consonance over issues like resources

There are vested interests in keeping the people illiterate,


unemployed etc. as most of these regions are minerals rich and many
big corporates eye these regions.

Many welfare schemes not properly implemented due to distance


and awareness reasons. Tribal are not aware of their Constitutional
rights
Were objectives achieved?

The states of Jharkhand and Chhattisgarh are mineral and resource


regions. despite this both regions suffer from acute poverty, illiteracy,
malnutrition and unemployment.

This is because locals don't get due share in licensing, mining,


royalty and profits

Political instability, immoral defections(e.g. -in Uttarakhand),vested


interests(e.g.-coal scam), horse-trading and repeated on-off President's
rule(e.g.- in Jharkhand) prevents continuity and predictability in policies
adversely affecting citizen welfare.

Persistent LWE, thereafter CRPFs operation and then retaliation have


left state citizenry in a crossfire and a constant spinoff
To create more decentralisation and deepening of democracy, the
empowerment of local bodies is required which is not comprehensive. For
example State Finance Commission is irregular. Mining rights and
corruption of government officials have often clashed. Large displacement
of people happens and land reforms are poor and so are all socioeconomic parameters

Thus we need to take multiple measures to ensure grass-roots democracy,


rights and entitlements for the poor in these regions if we want an assured
and peaceful development of the region
THINK TANKS

13/04/2016
Facts:

Number of think tanks in India has grown from 192 in 2014 to 280
in 2015

India hasfourth highest number of think tanksbehind the UK, China


and the US
Concerns:

thinks tanks in India are becoming less influential i.e. the quality of
output and level of influence in policymaking have been
underwhelming

bureaucracy jealously hold the policy reins

Lack of funding from sources other than government

The government-funded think tanks are not seen as objective


enough

Skewed geographical spread. Capital cities tend to attract think


tanks.
Way forward:

Diversify the sources of funding. This has been achieved to a certain


extent with the arrival of foreign private foundations such as Ford
Foundation and the Bill and Melinda Gates Foundation

Allow top foreign think tanks to open their centres in India

Limit government involvement and make these think tanks


autonomous.

As the states now account for more than half the total government
expenditure in India, the need for a greater number of think tanks in
states.
Why Think Tanks are important:

Provide independent view to government

All developed countries depend on them for their strategic and


policy decisions.

Special importance in international relations and propaganda


setting

Track 2 diplomacy

UNIFORM CIVIL CODE

What is UCC?
Uniform civil codeis the proposal to replace thepersonal lawsbased on
the scriptures and customs of each majorreligious community in Indiawith
a common set governing every citizen. These laws are distinguished from
public law and cover marriage, divorce, inheritance, adoption
andmaintenance.
Constitutional Provisions:
Article 44 of the Constitution says that there should be a Uniform Civil
Code. According to this article, The State shall endeavour to secure for
the citizens a uniform civil code throughout the territory of India. Since
the Directive Principles are only guidelines, it is not mandatory to use
them
Historical Background:

Uniform Civil Code was one of the key issues debated during the
writing of the Constitution, with passionate arguments on both sides.
However, unable to arrive at a solution, a directive principle was struck
regarding this in the constitution.

But, several members of the Constituent Assembly disagreed


vehemently with the compromise and argued that one of the factors
that have kept India back from advancing to nationhood has been the
existence of personal laws based on religion which keep the nation
divided into watertight compartments in many aspects of life.

Though, after independence, few governments tried to have a UCC,


religious conservative groups did not allow governments to proceed
ahead in this regard
Why in news recently?

Muslim women fight against practice of triple talaq

Fight of Muslim women to enter holy shrines.


Why do we need a UCC?

A secular republic needs a common law for all citizens rather than
differentiated rules based on religious practices

Uniform civil code is needed for gender justice. The rights of women
are usually limited under religious law, be it Hindu or Muslim. The
practice of triple talaq is a classic example

Many practices governed by religious tradition are at odds with the


fundamental rights guaranteed in the Indian Constitution
What are the difficulties in implementing UCC?

Already a lot of events like beef controversy, love jihad,


saffronization of schools and colleges have lowered the moral of the

minority group. In such a time even a well-intentioned move of UCC


might seem majoritarian
There is no clarity on what the UCC would be

Some Facts:

Goa has a Uniform Civil Code

Shah Bano Case


Why is UCC being opposed by Muslim Bodies?
According to the Muslim board, The uniform code is not suited for this
nation. There are so many cultures in India and they have to be respected.
A uniform code is against the spirit of the Constitution, which safeguards
the right of citizens to practise their culture and religion. Also, UCC, when
implemented, will bring to an end countrys pluralism and paint all in one
colour.
Way Ahead:
The government cannot remain silent on the issue anymore. It is obvious
that the government would have to face several challenges from many
conservative groups on this front. But, it will have to work hard to build
trust, and more importantly, make common cause with social reformers
rather than religious conservatives, as has been the wont of previous
governments.

One strategic option is to follow the path taken after the fiery
debates over the reform of Hindu civil law in the 1950s. Rather than an
omnibus approach, the government could also bring separate aspects
such as marriage, adoption, succession and maintenance into a
uniform civil code in stages.

A comprehensive review of several other laws in the context of


gender justice would also do well.

WHITE PAPER

White paper is blue print presented for the Future policy , to gain the
wider support and Consultations. It helps the government announce the
Policies as in bill ,but without any draft Bill. Examples - White paper on
Black
money,
White
paper
on
Railways
etc.
Often policies made may not give the intended result , Or Some of
parameters may have missed by the individuals in making it . Various
dimensions could well be covered if it be announced , before the actual
bill

Meanwhile it gives time to government and raises the Customer/citizen


Confidence and trust in the government that it is committed to work.
Moreover it gives the Community and People participation through
debates and seminars, announcement. If such well-planned policy will be
enacted the less amendments will be required in the succeeding bill ,as
the greater number of issue will be tackled and weeded out at first hand
only.
Other Policy instrument may be making a draft bill and then placing in
public
domain
to
see
the
opinion
of
the
People.
Some other policy instrument even before white paper was green paper. It
is like for instance A governor in seminar discussing his/her views well
before the Monetary policy so as to gather public views and express his
Views, Similarly Government through various Conferences public
meeting, etc. may hint such policy actions . Which media can capture and
raise such issue repeatedly in the Media domain. This will make conscious
to the Public and they will have option to either support or oppose such
policy
views
The
Most
important
advantage.
A greater advantage of the Such Policy instrument is that since it helps
the Union government to rise above the Amateur politics , in which
opposition on legislation are driven mainly by vested interest . if such
policy will gain momentum and support then it will be Easier for
government
to
enact
such
policy
swiftly
and
with
ease.
In nutshell In democratic government such policy instrument helps the
Policy to be people Centric rather Centre's centric.

In 2015 railway budget, the railway minister presented before


the
parliament a White Paper on railways. What do you understand
by
'White Paper? Why is it presented by the government? Also
examine

how does it
government.

differ

from

other

policy

instruments

of

the

(150 Words)

ASPECTS OF GOVERNANCE CITIZEN CHARTERS

A Citizens Charter represents the commitment of an organisation towards


standard, quality and time frame of service delivery, grievance redressal
mechanism, transparency and accountability. Based on the anticipated
expectations and aspirations of public, Citizens Charters are to be drawnup with care and concern for the concerned service users. They enable the
service seekers to avail the services of the government departments with
minimum inconvenience and maximum speed.
Deficiencies in the Existing Citizens Charters:
1.
2.
3.
4.
5.
6.
7.

Lack of awareness and knowledge and adequate publicity, hence


loss of trust among service seekers
No training to the operative and supervisory staff
Lack of infrastructure and initiative
Hierarchy gap between the Officers and the Operative Staff-Need of
team effort
Different mind-sets of officers and the Staff- Insensitiveness on the
part of the Supervisors and the Staff because they are yet to be
sensitized
Staff is not prepared to shoulder the responsibility due to lack of
motivation and accountability
Non-revision, complicated and restrictive rules & procedures.

Recommendations

Change of Mind-set

Awareness and Consultation

Introduction of e-Governance

Compensation

Review

TRANSPARENCY AND ACCOUNTABILITY

GOVERNMENT ADVERTISMENT

No notes found

LOKAYUKTA

(30/01/2016) Karnataka Lokayukta resigned. His son ran a racket for


extortion from public servants on the threat of a probe by the Lokayukta.

RTI

Facts:

Only 36 per cent in rural and 38 per cent urban areas have heard of
the RTI Act

45% public information officers did not received any training


What is RTI:

10 years of the Act

Many significant disclosures like - 2G, CWG

Became very popular among educated and city dwellers

Led to the demand of several other equally important rights like


Right to employment guarantee, RTE, and the Right to food security

Had the effect of slackening the tight hold of the government and
officials on both information and instrumentalities of the state --> Slow
withering of government

More successful with respect to personal information and


information of innocuous nature. But as a tool to inculcate value of
transparency, the RTI has neither sunk deep into government nor
among most of the citizenry

Many small time black mailers --> make living out of it and settle
personal scores

Judiciary has not been fully enthusiastic in its implementation

Long Pendency in most Information Commissions - some even for


year or more - signals their casual approach. This in turn emboldens
public authorities to take RTI casually

Widespread reluctance to penalise errant government official also


contributes to a general sense of laxity in the enforcement of law

The absence of enforcement provisions in the law has rendered IC's


toothless

Law is ambitious and unrealistic --> very wide definitions of "public


authority" and "information" --> massive volume and variety of
information can be sought --> huge burden on public authorities
Poor record keeping --> retrieval of information is very cumbersome
--> inspite of mandate in law public authorities have failed to digitise
their records
In most offices the PIO is a reluctant low-level official without much
clue about the information held or sought --> sub-optimal and
unsatisfactory information being provided
Empowerment of Citizenry: Converts individuals into users and users
into activists

Data: At least 50 lakh RTI applications filed in India every year


Important exemptions of RTI Act:

Section 24 of the RTI Act 2005 says that this law is not applicable
to the intelligence and security organisations specified in the Second
Schedule. However, the only exception these organisations have is for
information on allegations of corruption and human rights violations

Second Schedule: It includes 26 intelligence and security agencies


under its ambit. Some of them are (i) Intelligence Bureau (IB), (ii)
Research and Analysis Wing (RAW) of the Cabinet Secretariat (iii)
Directorate of Revenue Intelligence (DRI), (iv) Special Frontier Force
(SFF), (v) Border Security Force (BSF) (vi) National Security Guards
(NSG) and (Vii) Assam Rifles

Section 8 of the RTI: It deals with exemption from disclosure of


information under this legislation. It says that there shall be no
obligation on Government to provide any citizen information, disclosure
which will affect (i) Indias sovereignty and integrity, (ii) security, (iii)
strategic, scientific or economic interests of the state and (iv) relations
with foreign States or (v) will lead to incitement of an offence
Inclusion of Political Parties under the ambit of RTI
There has been a pressing demand for the inclusion of political parties
under the
ambit of RTI considering the following reasons:
1.
They have an important impact on the working of the government
irrespective of the fact that the party is ruling or in opposition. This
gains more importance considering the fact that Indian political system
is heterogeneous and sometimes it is alleged that the political parties
are keenly representing a particular section on the cost of the whole
country.
2.
RTI in the political parties would also help the public to take rational
decisions while voting by judging the parties on the parameters of
integrity, upkeep of internal democracy in the party, participation of
women and Dalits in the party ranks, etc.

3.

It will also lead to (along with election reforms) decrease in corrupt


practices related to elections, due to better transparency and
accountability.
4.
Parties having such stakes in governance, people have the right to
information guaranteed under article 19. Also, The RPA, 1951, under
Section 29A affirms the allegiance of political parties to the constitution
of India, which is compulsory.
5.
Given the current state of party financing, where more than 75% of
their income comes from unknown sources, and a well-known fact
about the involvement of black money in party finances, bringing them
under the RTI Act will ensure transparency and may be a trigger for
bigger party reforms
6.
Presence of lobbying has made society fearful about the invisible
hand behind many party agendas.
So far, the political parties have stonewalled the issue and have not
complied with
the order. A parliamentary panel setup to look into the issue stated
against political
parties coming under the RTI Act, reasoning that,
1.
The subsidy provided to the political parties is a paltry sum to the
total expenditure.
2.
It will severely hamper their independence and functioning, and it is
possible for rival political parties to misuse the RTI. This will also
encourage rival political parties to access secret political information.
3.
Political parties are not pubic authorities as they are neither
established nor constituted by or under the constitution or any other
law made by the parliament.
4.
They claim that bringing them under RTI will negatively affect their
political strategy making.
Critical

Analysis

of

Performance

of

RTI

Right to Information Act was hailed as an important event in the


democracy of India. It provided people with power to gain information and
to use that information to assert their other rights and provide a check on
the working governmental authorities by bringing transparency and
accountability.
But the implementation of RIT act did not happen as was imagined:
1.
There are many areas which are out of limits of RIT act (Even,
application of RTI to judiciary and legislature is limited).
2.
The exclusion of law enforcement agencies is major cause of
discontent of RIT supporters.
3.
Disregard of announcements of Chief Information Commission by
political parties indicate the lack of power to enforce the rulings of
CIC.
4.
The recent controversy of non-appointment of CIC for a long-time
shows the apathy of government towards the act.

5.

Official Secrets Act, framed by colonial power still restricts much


information out of the purview whether they did not have any
relevance to security and integrity of India. For example
Correspondence related to Subhash Chandra Bose.
6.
All the government organisations were asked to put in public
general information but this was not followed by many institutions and
there is no deadline to this provision.
7.
Appointment of IC is partisan
8.
Information is presented in a technical language by government
departments
9.
Maintenance of information is not automated and efficient
10. Awareness of act is low among masses
11. Costs is sometimes high
12. Bureaucratic pre-eminence in information commissions results in
promotion of traditional bureaucratic ethos of secrecy and lack of
accountability.
Performance wise other than the implementation failure RTI is effectively
been used by activists even at the cost of their life. Various Public Interest
Litigations are filed in courts to change the course of executive. The base
of recent check on public advertisement was based on the findings of RTI.
RIT is a strong tool to use the democratic space provided in India. Some
problems still remain in implementation and provisions but overall RTI is
effectively use by many activists and can provide a check on excessive
and unnecessary power of executive and other governmental bodies.
OSA

&

RTI

The recent leaks of Official Secrets from key ministries have once again
brought to the fore the controversial debate on the utility of the Official
Secrets Act, 1923. The OSA was enacted keeping in view the National
Security and Sovereignty. It made an offence to obtain, collect, record,
publish a secret document. However, it was so vast in its scope that it
made it prone to misuse and gave the executive a carte blanche to act
arbitrarily.
This situation gave rise to many problems. Some of which are as
following:
1.

Problem of classification of information as the word Secret was


nowhere defined in the Act. Govt. has a wide discretion to classify any
information as secret.
2.
The excessive discretion many a times lead to arbitrariness which
can give rise to discrimination and subvert the right to equality under
Art. 14.
3.
It also violated the freedom of speech and expression under Art.
19(1)(a).

4.

As Right to freedom of information has been incorporated under


broad ambit of Right to Life, the OSA,1923 violated Article 21.
5.
There were many ambiguities regarding determination of an
offence, prosecution procedures etc. It being a Penal law, the
ambiguities
favored
the
accused.
Many of these problems are now taken care of after the advent of RTI Act,
2005 which expressly provided that the RTI Act will override any other Act
to
the
extent
of
conflict.
However, a nation cannot just wish away a statute of the nature of
OSA,1923. Such an act is imperative in the matters of national security,
friendly relations with foreign nations & maintenance of law and order.
Even some pro-information SC judgements like that in the S.P. Gupta Vs
UOI have upheld the need for such law. But at the same time, it is equally
indisputable that fundamental rights of citizens cannot be compromised.
The RTI Act,2005 plays a vital balancing role here. To protect the national
interests, it provides for necessary exemptions to the disclosure of
information which support the OSA, 1923. At the same time, it checks the
arbitrariness of the OSA,1923 by making the procedure and intent of
secrecy transparent and accountable.
Note: ARC-II recommended repealing OSA,1923 and Safeguards for state
security should be incorporated in the National Security Act.
Intelligence

agencies

&

RTI

Government of India has notified 25 security and intelligence


organisations as exempt from the ordinary obligations of transparency
under the RTI Act like their parent departments and ministries and other
public authorities. But, they are required to provide access to information,
if it relates to allegations of corruption and human rights violation.
Some cases like:
1. In 2010, Exercising his Right to Information, a petitioner, had asked for
information related to cases of corruption, human rights violation and
sexual exploitation in IB, RAW and Central Paramilitary Forces, but
information provided was only about Assam rifles, while other agencies
denied information.
2. In 2008, RAW official had allegedly attempted suicide before the prime
minister's office claiming sexual harassment by her superiors. But, RTI on
this is still pending before CIC.
Thus, we can see that security agencies are wrongfully cited section 24 of
RTI Act. They are bound to provide information on all matters except of
National security, ongoing investigations or sensitive matter which may
cause
harm
to
law
and
order.

Government must amendment RTI Act, 2005 to clear such rule in section
24, if necessary.
It is also essential for Government to bring the law which governs the
working of Security agencies such as RAW, IB, other intelligence
entities by act of Parliament same as USA and Britain.
Thus, though mandate of Security and Intelligence agencies are
different from other public bodies, they cant act as an alien to
governance and public scrutiny.

Related Questions :

There are strong pleas to bring political parties under the ambit of
RTI law. Analyse why. Also register your opinion on the issue. (200
Words)

Critically comment on the implementation and performance of the


Right to Information Act. (200 Words)

It is often argued that the Official Secrets Act (OSA) which is of 1923
vintage and a complicated piece of legislation has no reason to remain
on our statute books after the Right to Information Act of 2005. In the
light of leak of important information from key ministries of the union
government, critically comment. (200 Words)

Should intelligence agencies provide information to the public under


the Right to Information Act? Substantiate. (200 Words)

Secrecy in government operations is necessary, but it has to be


limited by absolute necessity, keeping the confidentiality strictly timebound. In the light of recent debate on Official Secrets Act 1923,
critically
comment
on
the
statement.
(200
Words)

SANCTION FOR PROSECUTION

09/02/2016

The Tamil Nadu governments ordered mandating prior permission of the


government for an inquiry into corruption charges against any State
official is a rude jolt to those fighting against the lack of integrity in public
administration.

Until this order, government approval for a preliminary enquiry (PE) or


registration of a regular case was required only in respect of All India
Services officers (Indian Administrative Service, Indian Police Service and
Indian Forest Service).

What is Special Directive ?


Supreme Court ruling in a public interest litigation of 1997, which struck
down the Single Directive of the Government of India that drew a
distinction between officers of and above the rank of Joint Secretary and
the rest of the bureaucracy. In the case of the former, the directive
mandated prior Central government permission even to proceed with a PE
while there was no such restriction with regard to those below the Joint
Secretary. The 1997 ruling interpreted the Single Directive as
discriminatory and violative of Article 14 of the Constitution that grants
the right to equality before the law and equal protection of the laws to
every citizen.

Protection to retired personnel


Protection against any recklessness or malice on the part of the CBI or
State Vigilance or similar agencies is now sought to be given even to
retired government employees through an amendment to the Prevention
of Corruption Act (PCA), 1988 that has been approved by the Union
government and is now pending before Parliament. (At present, a former
public servant can be prosecuted for corruption without any sanction from
the government.)

WHISTLE BLOWER BILL 2015

WBPA of 2011 plans to trace alleged acts of corruption and misuse of


power by public servants, along with protecting the people who report
such activities.
The recent amendments have been brought about to address concerns
relating to
national security. It would strengthen the safeguards against disclosures
which may prejudicially affect the sovereignty and integrity of the country,
security, strategic, scientific or economic interest of the state, relations
with a foreign state or leads to incitement of an offence.

The salient features of act include


1.
Any public servant or any other person including a nongovernmental organization may make such a disclosure to the CVC
2.
Every complaint has to include the identity of the complainant.
3.
The VC shall not disclose the identity of the complainant except to
the head of the department if he deems it necessary. penalizes any
person who has disclosed the identity of the complainant.
4.
Prescribes penalties for knowingly making false complaints.
Some of the limitations with the act include
1.
The power of CVC is limited to making recommendations and does
not have any power to impose penalties
2.
Non admission of anonymous complaints
3.
No provisions for penalties for victimization of complainant
Issues with amendment:
1.
The "national security" related grounds are so broad that a public
authority may connect any whistle-blower complaint to these interests
and prevent competent authorities like the CVC from inquiring into it.
empower the Government to frustrate inquiry into a whistle-blower
complaint at every stage on grounds of "national security".
2.
It will also lead to a lack of transparency, and some matters
like, corruption in the defence sector may go unnoticed.
To serve the public interest as well as balance the security concerns, the
amendments should be re looked into and the "national security" clause
should be as precise as possible
Whistle blowers protection bill 2015:
Positives :

The Act provides a mechanism for receiving and inquiring into public
interest disclosures against acts of corruption, wilful misuse of power or
discretion, or criminal offences by public servants.

TheBill prohibits the reporting of a corruption related disclosure if it


falls under any 10 categories of information.These categories include
information related to: (i) economic, scientific interests and the security
of India; (ii) Cabinet proceedings, (iii) intellectual property; (iv) that
received in a fiduciary capacity, etc.

The Act permits disclosures that are prohibited under the Official
Secrets Act (OSA), 1923.The Bill reverses this to disallow disclosures
that are covered by the OSA.

Any public interest disclosure received by a Competent Authority


will be referred to a government authorised authority if it falls under
any of the above 10 prohibited categories. This authority will take a
decision on the matter, which will be binding.
Negatives:

The bill in its current format provides a mechanism for receiving and
inquiring into public interest disclosures against acts of corruption or

criminal offences by public servants. Thus,it excludes private


companies and private persons from the applicability of the provisions
of the act.
o
Currently, it is the corporates and private individuals that are
indulging in the practices of money laundering and tax evasion and
they need to be held accountable whether in terms of corporate
governance practices or through law which the act neglects.
o
The Indian government by framing such a law has perhaps
inadvertently skewed the rules infavour of private companies and
individualsby keeping only public servants under the purview of the
Whistleblower Protection Bill.
The Statement of Objects and Reasons of the Bill states that the 10
prohibited categories are modelled on those under the RTI Act,
2005.However, this comparison may not be appropriate.Unlike the RTI
Act, disclosures under the Bill are not made public but in confidence to
a high level constitutional or statutory authority.
With regard to the 10 prohibited categories, the RTI Act allows (i) the
public authority to disclose information if he considers it to be in public
interest; and (ii) a two stage appeal process if information is not made
available.The Bill does not contain such provisions.
A Competent Authority is required to refer a prohibited disclosure to
a government authority for a final decision. However, the Bill does not
specify the minimum qualifications required or the process of
appointment of this authority.
o
The independence of this authority may be at risk if the
authority is junior in rank to the public servant against whom the
disclosure is made.
Whistleblower laws in other countries also prohibit the disclosure of
certain types of information. These include information related to
national security and intelligence, received in a fiduciary capacity, and
any disclosure specifically prohibited by a law.
Prohibited categories in the Bill exceed those in the 2013 proposed
amendmentsThe 2013 proposed amendments prohibited only two
categories of information from being disclosed under the Act: (i) that
related to sovereignty, strategic, scientific or economic interests of
India, foreign relations, or the incitement of an offence; and (ii)
proceedings of the Council of Ministers.However, the 2015 Bill prohibits
the disclosure of 10 categories of information.

Recently the union cabinet approved amendments in the Whistle


Blowers Protection Act of 2011 by moving an amendment Bill in
Parliament during the Budget Session, 2015. In the light of these
new amendments, critically comment on the salient features of
the bill. (200 Words)

e-GOVERNANCE

CITIZEN CENTRIC INITIATIVES

Use of IT in governance has various advantages such as


1.
2.
3.
4.
5.
6.

Transparency
Increased participation of people
Check on corruption
Quality service in time
better feed back and grievance redressal apparatus
reduced
administrative

expenditure

Thus realizing its many-fold importance, government had launched an


National e- governance Plan (NeGP) with 27 mission mode projects (Now it
has 31 MMP). All central and state ministries are being digitalized with all
information available on their websites in different languages.

Land titles are being digitalized.


Direct Benefit Transfer is being implemented in phased wise
manner; PaHaL scheme on LPG subsidy is an example
UIDAI is undertaking a project to ensure unique identification for all
residents through biometric data further increasing efficiency of
welfare schemes.
Scholarship, enrollment, filing application for exams or jobs,
application for clearances and passport, filing income tax return, RTI
etc. are being done online.
Apart from this services like e-seva, meghdoot, e-police etc. are
implemented
as
pilot
projects
in
several
states.

But the government aims further to leverage its total capacity in


ensuring internet as a basic need according to our national policy
Following this it has an ambitious plan of spreading optical fiber to
panchayat by 2016 under National Optical Fiber Network

IT by
on IT.
every
plan.

Addressing the issues of Cybercrime, privacy, safety and security of data,


strengthening infrastructure nationwide etc. will really transform
governance in the coming decade.
__
Pragati

http://pmindia.gov.in/en/news_updates/pm-launches-pragati-a-multipurpose-multi-modal-platform-for-pro-active-governance-and-timelyimplementation/
Write a note on important citizen-centric e-governance initiatives
of the Union government. Also suggest how latest internet
technologies can be used to make it easy for citizens to access
government services. (200 Words)
E-BIZ

The e-Biz project is one of the 27 Mission Mode Projects under the National
e-Governance Plan (NeGP) being executed by Department of Industrial
Policy and Promotion (DIPP), Ministry of Commerce and Industry,
Government of India. It is G2B (government to business) model which will
create a virtual interface between business men and the government.
e-Biz when implemented in its complete vision will transform
business environment through following projected benefits:
1.
2.
3.

4.
5.
6.
7.
8.

Enable entrepreneurs to submit one integrated application for


multiple licenses and make a consolidated payment for the various
licenses that they require
Reduce the number of procedures and correspondingly the cost and
time taken for obtaining approvals for starting and operating a
business.
Significantly improve the countrys position on the World Banks
Doing Business ranking making the nation an investor friendly
destination. Potentially improve the countrys Starting a Business
ranking to 112 (a jump of over 20 positions).
A world-class G2B portal that enhances Indias business
competitiveness through a single, service oriented, event-driven
interface for all G2B interactions.
Integrated G2B Services across Central, State & Local Government
& across all geographies in India.
Currently, government of India has decided 10 pilot states in which
they are going to execute the plan and will develop later in other states
of India.
The e-Biz portal will provide total 11 union government services to
reach its purpose.
Provide all information regarding business 24X7 on a single portal

Challenges
1.
Technological capabilities of govt. staff,
2.
Business process re-engineering,
3.
Change in management etc.

4.
5.
6.

Accessibility of the internet in India.


Concerns over security, fear of spam.
Seamless implementation of project

Example: Delhi Government's Swacch Delhi App --> people can upload
picture of garbage and municipal workers will come to pick it up.
Write a critical note on Union governments eBiz project. (200
Words)

IT ACT

Section 66A

Section 66A of IT act, serves as an example of the positive


deterrents applied by the government to stop the use of right to
freedom
of
speech,
to
cause
public
unrest.

The section can come effective to punish the people who plot to
create unrest in the society, by spreading false news on the social
media, as our nation has many gullible citizens, who tend to speculate
without
thought
and
can
be
brainwashed
easily.

On the other hand, such an act cannot be thought to be a panacea


for all such problems, as it can also be used by some people to create
fear among the society, so that no one will oppose any of their
decisions
in
the
future.

The case of 2 girls who posted a comment on social media against a


particular party, can be taken as an example for this case. The
harassment they faced for just one comment cannot be said to be fair,
considering the fact that their act was not inflammatory.

The need of the hour is, that the government should omit the
vagueness in the section regarding the acts, which are to be
considered punishable. All such reports which are filed under this
section should be dealt with on case to case basis, with adequate
discretion, so as to not harass them before the consequences
materialize.

A random complaint by anyone, about any misuse of freedom of


speech should not be taken enough to arrest the persons, but should
be followed by proper investigation to assess the scale of effect it has
on
the
society.

Section 69A
Section 69A of Information Technology Act, 2000 provides for blocking of
websites and Uniform Resource Locators(URL's) in the interest of the
sovereignty and integrity of India, defence of India, security of the state,
friendly relations with foreign states or public order or for preventing
incitement to the commission of any cognizable offence relating to the
above. But the lack of transparency in process leading to blocking of such
websites is an area of concern.
Supreme court in Shreya Singhal Vs Union of India case had nullified
the Section 66A but upheld the constitutionality of Section 69A on the
grounds that there are sufficient internal safeguards and reasonable
procedures available within Section 69A. Those
safeguards are:
1.

Intermediaries (those who host articles like Google, Facebook etc.)


have to be given a chance to be heard as a right.
2.
If the original originator of a particular article is found, he/she also
must be given a hearing.
3.
Above two can be circumvented if a court itself passes an order to
block websites or URL's.
Given the nature of security concerns that internet information can create
like the exodus of north east people from south India in 2013, organizing
riots through internet based campaigning etc. it is very important
government has a power to exercise blocking of content, thus Section 69A
is necessary. But at the same time more transparency clauses has to be
brought into the IT Act if required and the presence of free media, active
judiciary and vocal civil society groups are enough deterrent on any
excess of government.
Do you think the Section 69A of the I.T. Act is unconstitutional?
Critically comment. (200 Words)
Section 66A of the Information Technology Act is a necessary
deterrent and cannot be cast away on the apprehension that it
would be misused to affect the freedom of speech and
expression. Do you agree with this view? Critically comment. (200
Words)
LIMITATION

E-governance uses IT technology to provide basic facilities to deliver


government
services.
Its
limitations
are:
1.

Although India has ever increasing population using mobile internet


but still it is below 2.5%.
2.
Overall internet users in India are 243 million only.
3.
Most of the governments are still using analog or paper work ,thus
slow rate of modernization has limited the use of e governance.
4.
Most of government officials lack internet/computer literacy.
5.
No strong law and system to regulate internet, information on
internet or data of users. Thus making whole system vulnerable to
cyberattacks.
6.
Slow speed of internet.
7.
Low literacy in India especially in rural regions.
8.
Lack of information about e governance to people results in low
usage of technology.
9.
Lack of inter connectivity of government departments result in
confusion if more than one agency involved.
10. High internet cost as telecommunication infrastructure is still
evolving. India still uses 2G speed internet in age of 4G.
I have been benefited by e-governance initiative at many number of times
especially online ticket booking, procuring certificates like DL, electricity
bill etc. though some glitches like uncertainty of process and longer
duration and involving multiple steps in single transaction reduces its
efficiency.
Some
suggestions
are:
1.
2.
3.
4.
5.

Improve technology in government offices along with proper training


to officials.
Sensitize people about e-governance
Reduce cumbersome processes into smooth transactions.
Internet governance to regulate internet and safe usage is required.
Increase internet penetration with technology, increased speed,
decrease rates.

Some government initiatives like Digital India scheme , connecting


panchayats with optical fiber, end to end internet connectivity, e-seva etc.
has improved e-governance but still more has to be done
-----Digital Illiteracy
Digital Divide
Reliable & Secure network --> build and retain trust
Multilingual Interface
Integrated IT functioning rather than only front end
Examine the limitations of some of the e-governance initiatives
being implemented in India. Mention, if any, your own experience

of being beneficiary or victim of such e-governance initiative and


suggest measures to improve the same. (200 Words)
ROLE OF CIVIL SERVICES

CIVIL SERVICE REFORMS

Domain Knowledge
The liberalisation of the economy and policy taking place since the 1990s
has made
the government allow private entry into its traditional sectors such as
health,
education, railways, defence etc. and the government in turn has
extended to new
avenues such as Cyber security, telecom services, mobile governance
etc., this has
completely altered the policy making dimension and its subsequent
implementation.
This has created several consequences.
1.
The bureaucrats are now facing complex issues due to the demands
of the new domains. For example, Telecom services requires officials to
know about spectrum, wavelengths, their health hazards and pricing
policy required to maximise revenue, create a level playing field,
promote investment and innovation.
2.
The composition and characteristic of the public has also changed.
They are more demanding now. The services are compared to
developed nations and hence officials have to be more accountable
and updated about world happenings. The previous delivery
mechanisms will not be suitable and adequate to the new society.
3.
The management of private entities, entering contracts with them,
regulating their activities, eliminating loopholes etc. require a new
interactive paradigm and domain expertise for the officials. Unless they
know the ground realities and technical knowledge, suitable policies
may not be evolved.
Though the officials are given training at the administrative academy but
that is not
sufficient as it is too general. Hence, the following measures have to be
adopted:
1.
Officers should be asked to complete a diploma in whatever sector
they desire a posting in. The ARC, Hota committee both emphasised on
domain specialisation to be developed in CS through providing
compulsory training, Diploma etc. in area of interest.

2.

The time period of posting has to be fixed to allow officials to


understand the technical aspects. Frequent transfers are inimical to
good governance.
3.
Need to think about lateral entry into services by domain experts.
Administrative

Services:

Issues

Indian administrative services being the back bone of country is suffering


from crisis
of credibility and are in serious need of transformation. The reasons are
rooted
to1.

2.
3.

4.

5.
6.

Fundamental issues- Indian bureaucracy is older than democracy.


There is need to reform the spirit, attitude, motivation and direction in
this regard. Since it has to accommodate the concerns of federalism,
rising aspiration of people and Constitutional values at same time.
Politicisation in transfers and promotions. For e.g.- Ashok
khemka being transferred more than 45 times in his career of 34 years,
even scoring Excellent in annual confidential review
Article 311 protection has become debatable due to the dishonesty
of some of the IAS officers. 2nd ARC report clarified that protection
must be given only to honest officers and offences with clear evidence
like when caught while taking bribe must be directly prosecuted.
Cadre management has also been dismal. Numerous posts are
lying vacant. No proposals being sent to the upsc to recruit. State
bureaucracy is being promoted instead, this goes against the
constitutional spirits of uniform administration across the country.
Gender inequality is one problem. Women constitute only a fifth of
the officers
There is also general disenchantment in the service about how the
cadre is managed, especially at the State level. Many States have posts
reserved to "punish" uncooperative officers. This leads to mindless
victimisation of the IAS on change in political power.

The SC has mandated the government to constitute a civil services


board to determine transfers and appointments. Mandatory time limit of 2
years in any post and advised bureaucrats to follow only written orders.
The upsc in its part has introduced an ethics paper and made sure only
candidates with integrity and honesty are selected. To accompany these
initiatives and for a sustainable solution, the most important ingredient is
political will.
Role

of

AIS

All-India Services, namely IAS, IFS and IPS have helped in maintaining the
unity,
integrity and stability of our nation. They were created in accordance with
Article 312

of our Constitution and it makes no distinction among the All-India


services, in
status and importance.
IAS and IPS are recruited through same examination civil services
examination, however due to difference of a few marks, aspirants are
allotted these services and there onwards the rift between status and
importance increases between two. IFS candidates are selected by
different exams and are considered even inferior than IAS and IPS in
status and importance. Also, IPS officers shall report to IAS officers in
constabulary system
Role:
1.
Advice to Policy formulating
2.
Implementing programmes at govt. Programmes on health,
education etc. are translated to reality by them
3.
Since they are of all India character, they serve in the states in best
interest of the people and not form nexus with local politicians. They
rise above party politics to perform their function
4.
Help in maintaining law and order
5.
Conservation and scientific management of forests
6.
Act as channel of communication between centre and states
7.
The All-India Services officers have also offered their services in
various other national government agencies such as IB, RAW, Forest
Survey of India, Wildlife Crime Control Bureau, etc.
8.
Help in conducting elections peacefully
9.
Maintain rule of law
The All-India Services does suffer from various challenges. Caste and
regional
considerations have become an important factor in the posting of IAS and
IPS
officers. The various services no-longer enjoy equal status & importance.
IAS officers
are believed to be holding most of the posts in the Central Staffing
Scheme, which
provides the pool of officers for senior posts in the Central government.
Representation of IPS officers is negligible in the posts requiring their
domain
expertise such as Serious Fraud Investigation Office and the Enforcement
Directorate.
Therefore, there is a need to have a proactive, responsive, accountable,
sustainable
and efficient administration at all levels of the government. We should
follow-up
with the recommendations of the Second Administrative Commission's
recommendations.

Some Recent Steps:

Govt to train junior IAS and IFS officers in drafting district irrigation
plans. They will be assigned districts of their choice. They will have to
visit the district, consult people and draft the plan, which will later on
be integrated into national plan

Govt. plans to ease out inefficient officials. To ship out "non


performing" babus by forcing them to compulsorily retire from service.

http://indianexpress.com/article/india/india-others/thou-shalt-notmodi-govt-issues-list-of-19-dos-and-donts-for-bureaucrats/

It is argued that the complexities of day-to-day administration


are such that senior civil servants are often handicapped by a
lack
of in-depth knowledge of the subject and domain of their
postings.
Elaborate and examine what needs to be done to address this
problem. (200 Words)
"The Indian Administrative Service (IAS), which is the backbone
of the administrative machinery in the country and is critical to
ensuring the delivery of the services and welfare schemes of the
government to end users, is grappling with multiple problems
that
do not have quick-fix solutions." Critically analyse. (200 Words)
It is said that though the Constitution makes no distinction
among the all-India services, each of them do not enjoy equal
status
and importance in India. In the light of the statement, critically
analyse the role of all India services in ensuring smooth
functioning of democracy in India. (200 Words)

FOREIGN SERVICE

In India, diplomacy is the domain of Indian foreign services (IFS). However,


over
dependency on one agency and traditional as well as tedious recruitment
criteria has
jeopardized its efficiency.

Currently IFS faces following lacunae:


1.
Too small cadre strength of 900 personnel only- this mean India is
not adequately represented thus affects its ability to influence other
nation.
2.
Owing to stressed manpower, the perspective policy division of MEA
is moribund thus compromised quality on policy planning and
implementation.
3.
Though Foreign affairs have diversified and encompasses strategic,
economic and cultural sphere, IFS has stagnated- there are no experts
or even officers from other departments.
4.
IFS officers are recruited from same common entrance exam, so
disheartened aspirants who have not cleared for IAS opt for IFS, this
reduces the zeal among officers
5.
MEA is not the only nodal agency which will have a say in Foreign
Affairs different ministries will nominate their own "special team of
experts" (IAS bureaucrats) to handle foreign affairs related to their
ministries.
Therefore as pointed by "Shiv Shankar Menon committee" though it
important to strengthen IFS it is also necessary to revamp it by:
1.
2.
3.
4.
5.
6.

7.
8.

Increasing pace of recruitment


More deputation of IFS to other relevant departments like culture,
commerce, defence etc.
Lateral entries for specialised post or at special level
Institutionalising Soft power of IFS in line of countries like China and
France, which has coordinated policy directives for better negotiation.
Financial compensation for tough assignments
Unlike other services, which are restricted to regional affairs, IFS
demands far greater diplomatic acumen. This is one area where
compromise is a strict no. UPSC could actually think of formulating a
different mechanism, to hire IFS officers, which places greater
importance on their communication (particularly English language) and
diplomatic skills
Facilitating better coordination between MEA and other ministries,
and most importantly, allowing the IFS officers to spearhead various
negotiations rather than the so called "team of experts".
Practice of ad hoc postings should be ceased to allow candidates to
develop specialization in field

Foreign affairs in the present times need a professional approach and


technical
knowledge in order to secure nation's interest in diverse fields therefore
apart from
strengthening IFS, impetus should also be given to training in these new
fields.

"If IFS has to perform effectively, its elitism should be preserved,


its attractiveness enhanced, and it should be brought to the
centre of international relations as it was originally intended to
be." Do you agree with this view? Critically comment. (200
Words)
POLICE REFORM

Important because of 10th anniversary of SC judgement


Facts:

Police is a state subject in Schedule VII

NCRB Report
o
Low conviction rates. Conviction rate is 46.9% under IPC
crimes
o
About 300% increase in agrarian riots. Depicts weak law and
order in hinterland and rising lawlessness.

The Supreme Court has ordered States and Union Territories to


upload, on police or government websites, First Information Reports
(FIRs) within 24 hours of their registration in police stations
Significance of this Prakash Singh vs Union of India Case:
Supreme Court in the Prakash Singh vs Union of India case was the
landmark in the fight for police reforms in India. In its directions, the court
had pulled together recommendations generated since 1979. They make
up a scheme, which, if implemented holistically, will cure common
problems that perpetuate poor police performance and unaccountable law
enforcement.
The design requires states and the Centre to put in place mechanisms to
ensure that:

The police have functional responsibility while remaining under the


supervision of the executive.

Political control over the police is kept within legitimate bounds.

Internal management systems are fair and transparent.

Policing is increased in terms of its core functions.

Public complaints are addressed through an independent


mechanism.

What were 2006 directions?


The 2006 SC directions included :

Establishing a State Security Commission (SSC) as a watchdog with


members from the government, judiciary and the civil society. The
commission was supposed to frame policies which make sure that
state government does not exercise unwarranted influence or
pressure on the state police.

The order asked for tenure of DGP and field officers to be fixed at
two years.
A police establishment board, instead of the government, would
deal with transfers of policemen.
It also asked for separation of investigation and law and order units
for speedy probe.

Whats the problem now?

Directions of SC have not been implemented by the states

While few states actively resisted the courts order, few states did
nothing.

While few did something but did it wrong and finally, got out from
under the Supreme Courts orders by passing laws which not only do
not conform to the courts orders but actually give statutory sanction to
bad practices.

Since the 2006 SC order, 17 states have passed new Acts while 12
have issued executive orders. For instance, in the majority of the 17
Police Acts passed since 2006, state governments have given
themselves the sole discretion to appoint police chiefs instead of
choosing from a panel recommended by the UPSC.

In many of the nine operational Police Complaints Authorities


currently in place, their design has been subverted by appointing
serving police officers as judges in their own cause. Elsewhere, their
functioning has been hobbled by the lack of independent
investigators.

Why police reform is necessary?


Police is an exclusive subject under the State List of the Indian
Constitution. States can enact any law on the subject of police. But most
of the states are following the archaic Indian Police Act 1861 with a few
modifications. Also, police have become the subjects of Parliamentarians
and legislators with a high degree of politicization and allegiance
towards ruling party.
India still follows the Police Act, 1861, framed by the British, largely with
an aim to crush dissent. The Act was a reaction to the sepoy uprising of
1857.

Challenges faced by police force in the country:

Collection and analysis of preventive intelligence:The most


important and challenging task faced by the police today is the
collection and analysis of preventive intelligence and follow-up action,
especially pertaining to terrorists and insurgents who pose a constant
challenge to internal security.

Criminal Investigation:The other important, but badly neglected,


aspect of policing is criminal investigation. Standards have declined
sharply in the last few years. Unfortunately, the so-called premier
investigation agencies like state CIDs and the CBI are no exception.

Vacancies:Many states continue to have huge vacancies. Even the


apex courts direction to fill these posts has not yielded the desired
results.
Outdated arms and equipment:Most state police forces continue
to use obsolete equipment and arms, and lack the latest technology
that would help in investigation and intelligence-gathering.
Lack of Organisation:There are no organisations to provide the
police forces with tested and dependable specifications on equipment
and technology. They are generally dependent on vendors, who often
sell outdated or not-so-suitable technology.
Lack of proper training:Well-trained and motivated human
resources are key to any police forces success. But, most training
academies are poorly staffed and often dont have the necessary
facilities. Institutions need to be upgraded in terms of facilities,
equipment and technology.

What has the centre done in this regard?


The Central government had formed committees to create a Model Police
law in line with the Courts directions. It also came up with the Model Bill
in 2006. However, the Model Bill of 2006 drafted under Soli
Sorabjees chairpersonship has been adopted in breach by 17 states and
entirely ignored by the Centre.
Another Police Act drafting committee was also formed in 2013 to make
revisions to the 2006 model. Dutifully, it has given its recommendations,
which now lie mouldering in bureaucratic caverns measureless to man.

Conclusion:
The demand for police reforms is over 100 years old with the first such
attempt made by Indian Police Commission of 1902-03 under British rule.
Since then, it has seen five state commissions and six national-level
commissions with all their reports gathering dust. But, it is imperative that
more needs to be done than mere structural changes within the system. It
is essential to now look at the police as a service organization meeting
those needs of the society that are essential for safety, security, quality of
life and peace. Community involvement, problem oriented policing and
proactive policing strategies need to be adopted in the changing scenario
of society.
What are the challenges faced by police set up?
Administrative Challenges
1.
Too much political interference in police functioning
2.
Frequent transfers/postings
3.
24X7 working conditions; Low salary; No respect
Logistical Challenges
1.
Lack of training
2.
Weak infrastructure
3.
Low people: police ratio

What to do?

Numerous commission have given their recommendations in past


like Dharam Veera commission, Julia Ruberio Committee, Soli Sorabjee
Committee (Model code), SC 7 point recommendations (Prakash Singh
Case) etc.

We need political will to implement these.


Reforming the police in India is sine qua non to ensure a
functional democracy where citizens enjoy their rights without
fear. In this regard, critically examine how the Supreme Court has
played its role in enforcing police reforms and with what
outcome. (200 Words)
In the Indian political context, it is the institution of police that didn't get
its share of reforms till date. It is still dependent on the colonial police act,
1861. The citizens enjoy rights without fear only with harmonised order
that can be guaranteed by police reforms. This made the Supreme Court
to identify the problems and recommended the following:
1.
To set up state security commissions to insulate the state police
from extraneous pressures;
2.
Set up Police establishment boards to give autonomy to the
department in personnel matters; and
3.
Police complaints authorities to ensure better accountability of the
force.
4.
In addition to these, the court also laid down a procedure for
appointment of the DGP and gave him a fixed tenure of two years,
mandated two-year tenure for officers performing operational duties in
the field, and gave directions for the separation of investigation from
law and order.
But, many state governments passed executive orders and some passed
weak laws to circumvent this decision and still there is no implementation
of above direction. Still, Police works under the extraneous pressure and
agents of high politicians. So, if India has to become a vibrating
democracy where there is rule of law and right of citizens are ensured,
police reforms are much needed.
SECURITY OF TENURE

Security of Tenure: The life of any bureaucrat is comprised of a wide


array of activities such as decision making, formulating plans for action,
implementing them, monitoring progress, evaluating feedback etc. All of
these require time which varies greatly depending upon the type of
project. For the past few years there have been several instances of
surprise transfers of public servants. Reasons for such transfers are

sometimes

vague

and

unacceptable.

1.

Political interference: is a major cause of transfers and


suspensions of civil servants. Some politicians who wish to have
everything done their own way prefer to have dummy bureaucrats that
they
can
bribe
and
control.

2.

Corporate influences: Political parties that depend on large


corporate to fund massive electoral campaigns are obliged to return
the favor and when sincere officers attempt to protect interests of the
common
people,
they
are
hastily
relocated.

Consequences
1.

Impact on the Nation : Important social and economic projects


begin with a vision and a change in leadership may lead to four major
problems
a.
Distorted view of the goal that needs to be achieved
b.
New appointee will need time to understand and absorb the
project to reach his predecessors level of efficiency
c.
Lack of experience of the replacement officer regarding the
project leads to unwanted delays and related complications
d.
Forceful and unexpected change in leadership creates a
negative ripple effect on the efficiency of the assignment

2.

Impact on the Officer :


a.
Officer morale is affected when he is not given an opportunity
to complete the task that he has begun
b.
Uncertainty of tenure leads to fear and instability that may
adversely impact performance at work
c.
Instability of tenure causes inefficiency due to demonization
when honest officers are punished instead of being rewarded

Suggestions
1.

Strict official norms need to be adhered to in situations relating to


transfer of civil servants. Detailed explanations stating reason and
cause for the transfer need to be provided to the officer.

2.

Unacceptable
incidents
of
officers
informed
of
their
transfer/dismissal through government and media publications need to
be legally dealt with. Every civil servant deserves to be given due
notice
before
publishing
the
event
to
media
houses.

Civil servants are the lifeline of a healthy democratic society. They are the
caretakers of
the peoples interests who implement ambitious political mandates. A
confident, sincere
and uncorrupt bureaucracy is essential for the development of India as a
world power.

Civil

Services

Board

(SC

Judgement)

To insulate the bureaucracy from political interference and to put an end


to frequent transfers of civil servants by political bosses, the Supreme
Court November,2013 directed the Centre and the States to set up a Civil
Services Board (CSB) for the management of transfers, postings,
inquiries, process of promotion, reward, punishment and disciplinary
matters.
The Bench asked Parliament to enact a Civil Services Act under Article
309 of the Constitution setting up a CSB, which can guide and advise the
political executive transfer and postings, disciplinary action, etc. The
Bench directed the Centre, State governments and the Union Territories to
constitute such Boards within three months, if not already constituted, till
the Parliament brings in a proper Legislation in setting up CSB.
The Bench said We notice, at present the civil servants are not having
stability of tenure, particularly in the State governments where transfers
and postings are made frequently, at the whims and fancies of the
executive head for political and other considerations and not in public
interest. The necessity of minimum tenure has been endorsed and
implemented by the Union Government. In fact, we notice, almost 13
States have accepted the necessity of a minimum tenure for civil
servants. Fixed minimum tenure would not only enable the civil servants
to achieve their professional targets, but also help them to function as
effective instruments of public policy.
Lack of security of tenure for important posts in India had greatly
hampered the morale and efficiency of civil service. Discuss.
Suggest
measures to address this issue. (200 Words)
CIVIL SOCIETY
CITIZEN PARTICIPATION
Successful delivery of services depends on the good governance and
people's participation. But people participation depends on the good
governance where in how effectively government is providing various
ways for them to get involved. If governance is a closed circuit of
administration then the whole concept of services or other people
oriented
aspects
lead
to
futility.
Below is a list of various initiatives taken by government for effective
citizen
participation
and
providing
good
governance.
1.

Citizen charters for all public institutions.

2.
3.
4.
5.
6.
7.
8.

Use of ICT for effective citizen-administration interface and thus


reducing corruption.
Policies like Consumer protection Act and Consumer forums for
safeguarding consumer interests.
Social media presence and promotion of policies for easy and quick
dissemination of information. All ministries, PMO etc. have their own
accounts.
Involvement of various activists and members from NGOs in policy
making like National Advisory Council.
Interaction with people through programmes like 'Mann Ki Baat'.
Whistle Blowers act gave power to people for reducing corruption.
Inaction
of
laws
Lokpal
and
Lokayukta.

Despite many measures, still there are loop holes and prevalence of social
ills like corruption is evident. Enforcing accountability on administrators
through strengthening Lokpal and Lokayukta, increasing frequency of Lok
Adalat sessions, promoting further awareness on to reach remote corners
of the nation, Increasing effectiveness of RTI etc. would help in efficient
and seamless governance promoting democracy in true spirit.
There is a growing realisation that citizen participation lies at the
heart of good governance. What are the initiatives taken by
government in this regard? How can these initiatives be more
successful? (200 Words)
---------------------------------------------------------------------------------

09/04/2016
Grand Innovation Challenge
Example of Citizen Participation which can also be written as an example
in exam
NITI Aayog has launched the first phase of the Grand Innovation
Challenge to seek citizens inputs on the key developmental challenges
facing India.

The Grand Innovation Challenge is being launched on the MyGov


portal.
What is it all about?

It aims at involving citizens at the very first stage in innovating for


Indias development. The idea is to work together with the States and
every citizen as Team India to ensure progress leaving no one behind.

The focus is on the social sector, the most vulnerable sections and
to involve citizens in crowd sourcing ideas to address challenges facing
Indias development.

In Phase I, states and citizens will submit key challenges faced by


them. In Phase 2, a shortlist of selected challenges will be prepared
and innovative solutions would be sought.
NITI Aayog will ensure that the best, innovative solutions to pressing
challenges receive full backing from the Government of India from
funding, mentoring, technical & academic support to scaling it up
across the country and absorbing them in government schemes

CORPORATE SOCIAL RESPONSIBILITY


CSR is acorporation'sinitiatives to assess and take responsibility for the
company's effects on environmental and social wellbeing. The term
generally applies to efforts that go beyond what may be required by
regulators or environmental protection groups.
The CSR law mandates an expenditure of 2% of net profits by the
corporates. However, recent estimates have shown that corporates spent
only 30-40% of the amount that was expected to flow in. A deep analysis
of the law and the way corporates handle social responsibility could bring
out
several
reasons:
1.
2.
3.

4.

5.
6.

7.
8.

Disinterest among the corporates: Many corporates see this as


a burden on their manpower and time in a global scenario with tough
competition.
Nature of the law: More than a dozen amendments in the law
since its enactment has hampered its effective implementation. Some
anomalies in tax treatment still remain in the law.
CSR in monetary value: Companies have been encouraging its
employees towards social work which cannot be measured on a
monetary scale. Attaching monetary terms would mean companies to
reorient their policies to satisfy the monetary norms of the law.
Scope of the law: The law mentions activities ranging from
eradication of hunger, poverty etc. which account to social spending.
However, companies spend substantial amounts on employee welfare
programs like school and hospital which has not been accounted for.
Mandated organisation structure: The law mandates CSR
committee which may not be in line with the existing structure in many
organisations.
Companies don't get the flexibility to carry out welfare programs as
the law specifically enumerates the area on which CSR money should
be spent . Many companies are already spending more than asked in
law but there contribution isn't counted under CSR as they're spending
in other areas which is not included in law .
States or local governments have been slow in tapping CSR
potential. For effective CSR the government is supposed to show the
vision and activities needed
Ambiguity in taxation: While CSR spends do not qualify for tax
deduction, Income tax act provides exemptions on Allowable Business
Expenditure (ABE). It opens doors for litigation to decide whether an

expenditure falls under CSR or ABE as private sector is motivated to


put expenditure under ABE and avoid tax.
9.
Independent CSR Board: The requirement to establish
independent board to monitor CSR not only creates an extra burden
but also creates a new conflict between CEO and board.
Thus, there still exists a gap between the law and the aspirations of the
company
towards CSR which needs to be sorted out for its effective
implementation. More
flexibility in the law could bring more corporates with the ambit of this law
and fulfil
the purpose of this law.
Despite mandated by legislation, it is found that private
companies are spending less on "Corporate Social Responsibility"
activities in India. Critically analyse why. (200 Words)
MEDIA
The role of the media as a powerful medium for shaping the ideas,
aspirations and conduct of the people even in the remotest corners of the
country entrusts it with the responsibility of being the watchdog and in
giving voice to the marginalised.
TRAI Recommendations
Maintaining plurality in media ownership is vital for functioning of
democracy. In this light, TRAI recommendations on media ownership is a
welcome step. It is a common adage that "News has become noise", news
across all streams has become a packaged commodity where consumers
are not able to distinguish between "real news", advertisement and
sponsored news. TRAI recommendations have tried to address these three
aspects.
1.
TRAI had recommended max advertisement of 12 and 20
minutes for news and entertainment channels respectively. But the real
issue is of revenue stream. As digitisation is not yet complete, channel
are increasingly relying on ads for generating revenue streams. With
digitization, channels can charge more for genuinely good content
thereby reducing their reliance on ads. So, TRAI has to focus on
completing digitization asap.
2.
Media houses have gained lot of control over viewers' minds, they
can make or break career of a politician or business of a company. So,
there is a propensity to own media houses to generate a positive
impression. This is clearly plausible from the fact that major TV
networks in South are owned by politicians/parties. A recent acquisition
by a corporate giant has raised serious questions over need for
independence. TRAI has recommended that a business can participate

3.

4.
5.
6.
7.

in 2 of three major news stream, i.e. TV, Print media and


Radio. But, TRAI is completely silent on the medium of Internet. In the
coming future internet would become the major medium able to
overshadow all others. Thus, leaving internet out of regulatory
mechanism defeats the purpose of regulation.
A clear distinction between ownership and control; It defines control
very widely and recommends using the Herfindahl Hirschman Index, a
globally accepted metric, to prevent monopolistic control of
media across relevant markets like newspapers and television by a
single corporate entity.
TRAI has also laid down reporting requirements for media houses to
promote transparency about ownership.
Making Doordarshan functionally autonomous, so that it becomes a
strong, independent news broadcaster
The setting up of a media regulator for print and TV
There is also a menace of paid and sponsored news and with paid
news declared as an electoral offence; a serious introspection over
conflict of interest in media is required. At the international level,
respected newspaper, Guardian has established an independent trust,
insulating itself from the influence of businesses and politicians, similar
arrangements are necessary in Indian along with careful
monitoring. TRAI recommendation on this aspect is silent.

Thus, while a welcome initiative, TRAI needs to do more, especially


including
internet within the regulatory ambit to meet the objective of a truly
independent
media.
Impact

of

Cinema

&

Media

Cinema

positive impact- Certain movies with women as lead, are improving


confidence among women. recent movie "Mary Kom" is an example for
that. But the number of such movies is limited.

negative- women are shown as glamour dolls. Sexy comments and


so called item songs are again a bit problematic as they derogate the
dignity of women. Scenes like rape are also not uncommon in our
movies.
Media

positive impact- media creates awareness with regards to women


rights. It reports about violations of such things. It also surfaces lay
downs in this regard and creates a platform for women oriented
debates as well.

negative impact- on the way to make its profits media


sensationalize issues like rape and other things. some entertainment
channels broadcast unnecessary rumours about intimate relations.

Recent issue like "deepika padukone dress furore" is an example for


that.
Thus both media and cinema are having a mixed impact and influence on
the minds of people. Both media and cinema should be more responsible
while they are dealing with women issues. After all, women are still
vulnerable in our society.
14/04/2016
Defects in Indian Media:

Twisted Facts
o
False and defamatory news is created , with the obvious
intention of creating a sensation
o
The doctored tape of the speech of Jawaharlal Nehru
University student activist Kanhaiya Kumar is a case in point

Paid News

Non-issues preferred over real issues


o
Media often portray non-issues as real issues, while the real
issues are sidelined
o
The real issues in India are economic, that is, the terrible
economic conditions in which 80 per cent of our people are living,
the poverty, unemployment, lack of housing and medical care and
so on
o
Instead of addressing these real issues, the media often try to
divert the attention of people to non-issues

Media Trails

Recently the Telecom Regulatory Authority of India (TRAI)


recommended measures to address the issue of media ownership
and
regulation
in
India.
Critically
comment
on
these
recommendations. (200 Words)
With suitable examples, critically comment on the role of popular
cinema and media in influencing opinion and perception of
common
man about women in India. (200 Words)
NGO FOREIGN FUNDING FCRA
Context:
GoI in the recent past has banned many NGOs-both domestic and Indian
arm of foreign NGOs on the pretext of violation of FCRA
Why?

Many of them were found to be violating some provision of the act


in some manner, for example Greenpeace India was banned for
exceeding the cap on administrative expenditure.
Many NGOs were put on MHA's watch list on request of the state
government, e.g. Ford foundation was put on watch list on request of
Gujarat government.

Pros of government actions:

It will help in countering activities which are detrimental to the


economy. E.g. It is suspected that UK based groups are funding
agitation against Kudaikunal power plant which is very crucial to
energy need.

Will help in bringing transparency to finances of such NGOs and


their activities. Out of 22 lakh NGOs only few filed tax return last fiscal
year.
Cons of government actions:

Government can use these provisions to stifle NGOs which are


against its policies.

Ford Foundation, Green Peace International etc. have substantial


influence in international arena and thus it may impact India's image.
What is the current practice in regulation of NGOs?

NGOs are regulated under FCRA and FEMA. TheHome Ministry


monitors foreign funds donated to NGOs and organisations through the
FCRA. And,FEMA is regulated by the Finance Ministry.

Currently, there are nearly 100 international NGOs and associations


which receive foreign funds through their liaison offices and disburse
them to NGOs across India. Few international donors are registered
under FEMA but not the Foreign Contribution Regulation Act (FCRA),
2010.

Many NGOs and foreign donors do not want to register under the
FCRA due to its stringent provisions.
What Home Ministry wants?
The Home Ministry has asked the Finance Ministry to surrender its powers
to monitor non-governmental organisations (NGOs) under the Foreign
Exchange Management Act (FEMA). This move is aimed at bringing all
NGOs which receive foreign contributions under one umbrella for better
monitoring and regulation. It will help in better regulation of such funds.
Other Issue:
Foreign Firms can now fund political parties
What happened?
The government has admitted that the amended Foreign Contribution
Regulation Act (FCRA), 2010, which they brought in through the Finance
Bill route, will not only help foreign-origin companies to fund NGOs here

but has also cleared the way for them to give donations to political
parties.
Response from Opposition

This is subversion of democracy, the FCRA amendment was brought


in through the Money Bill route and passed without any discussion in
Parliament.

This reflects the governments authoritarian character, it will only


fulfil the agenda of certain people
LOBBYING
Lobbying per se in not illegal in India but it is not recognised or regulated
by any legislation like in the US. Various interests groups such as
corporate bodies like FICCI, CII, NGOs and media like Amir khan's Satya
Mev Jayate do lobby the government. There is nothing wrong with
petitioning the government to take up issues but it is important that it is
done in a transparent and fair manner and is not detrimental to the cause
of inclusive development and the rights of the poor.
Merits of registered lobbying:
1.
Open and registered lobbying could ensure that no unethical
considerations are made to influence policy making like bribe,
blackmail etc. registered lobbying groups may result in 'open lobbying'
which
means greater
transparency by
allowing
for public
scrutiny of suggestions of interest groups and their own funding.
2.
More participative democracy as various sections of society and all
stakeholders will have a chance to interact with legislature or members
and present their views, data and information to affect policy making.
3.
It is often said that bargaining power of interest groups also define
the benefits that they get from lobbying. Better organized and better
funded groups with limited objectives are generally more successful.
Regulation would allow yet un recognized interest groups to form, for
example from civil society and participate in a more democratic and
open lobbying.
Demerits:
1.
The regulatory body specified in the legislation thereof, if
not independent, may restrict the registration of lobbying groups that
do not align themselves to the mainstream ideologies while curbing
their freedom of speech and expression.
2.
The regulatory checks may introduce bureaucratic hurdles that
would make lobbying a job only for professional lobbyists.
3.
In India the popular perception is that every government dealing is
mired with palm greasing and the rich push their agenda though their
representatives. It will be difficult to establish quid pro quo and
allegations of bribery may fill courts with litigation.
4.
Unrepresented groups could be left out and suffer as a
consequence. The powerful corporate lobbies could hijack the policy

making agenda and the less articulate citizens could be made the
scapegoats.
5.
Many politicians are themselves seen as lobbyists and issues of
conflict of interest is not uncommon to hear about.
In any case, the bottom-line is strengthening of civil society as NGOs are
vital for a healthy democracy, not good to silence them in the garb of
national development. Rather than pushing its agenda down the throat of
the people, the Govt. should generate consensus among the
masses regarding development projects to prevent NGOs with vested
interests to take advantage. Roles and limitations of NGOs should be
clearly defined within law. Foreign NGOs should be allowed to undertake
apolitical and development work only. Foreign funding can't be the only
criteria for executive uneasiness as most of the political parties (which are
also
NGOs),
too
take
heavy
foreign
funding.

It is suggested that the Indian government, like the US, should


consider permitting open and registered lobbying by interest
groups and NGOs. In the light of recent controversy over funding
and functioning of certain NGOs and action against them by the
government, critically examine the merits and demerits of the
said suggestion. (200 Words)
SOCIAL MEDIA
Role of social media in connecting people and government in a large
democracy.
Tool of diplomacy:

Modi wished Chinese PM on his birthday via social media

Modi wished Israeli PM in Hebrew and he replied in Hindi


In todays age of increasing reach of social media, it has also penetrated
the sector of government and has given the citizens a new platform to
express their views regarding various policies effecting public life.
Social media has brought the idea of direct democracy at a much
achievable distance, with the mobiles being available at cheap prices, has
connected a large section of the society to each other, where they can
make their voice heard, and make the government think on any of its
policies.
The recent step of PM to ask for suggestions for improving Make in India
initiative and the uproar of public against abolition of Net Neutrality which
led to the liberal position of TRAI, has been crucial examples of the power
of
social
media
in
influencing
the
government
policies.
On the other hand, social media can also be nuisance for the government
sometimes. Mudslinging has got a new medium, and people are venting

all their wrath and anger by blasting off tweet after tweet, mocking every
aspect of these servants of society. Various defamatory comments posted
on social networks can lead to unnecessary public unrest, which waste the
precious time of the officials while trying to tackle he situation.
Seeing the negative impacts caused by social media, Section 66A was
introduced by the IT act, which turned out be doing exactly the opposite of
what was intended. Instead of stopping public unrest incidents, it lead to
harassment of innocent individuals, leading to a blot on the ability of
governance
of
the
incumbent
govt.
To minimize such incidents citizens need to be educated about the better
usage of social media, as the upcoming Digital India initiative aims to
connect the whole nation on internet, and only with knowledge of
effective usage of the platform, can it lead to the betterment of the
nation.
Effect

Function

&

Performance

of

government

Accountability and transparency in Government


Various deals, decision by representative are Instantly getting
shared on Social media
In a way it is Helping people decide that What things are actually
Government is doing and its viewpoint
It is also causing swift actions by government
Making representative more closer through Digital interface
Democratizing effect

Effect

on

on

Governance

and

Institutions

various consultations like recent by TRAI on net neutrality was


immediately circulated shared.
It is providing voice to the people and Voices are heard Like recently
Post protest over Airtel charging on OTT services caused to take it
back
Office delays ,and Bureaucratic red-tapism, absenteeism has been
affected greatly.
Recent protest on Free speech has also caused Judicial activism thus
Prudent judiciary in even of Infringement of rights
Not only Public, It also helped Political leader during election
Campaign, propagating manifesto
Cost of dissemination of Information ,expenditure of government
has been reduced Vis a Vis to other forms of Information

Critically analyse the effect of social media on functions and


performance of government, governance and institutions in India.
(200 Words)
COMMITTEE
ADAM LEWIS PANEL
To safeguard integrity in International tennis. The panel was formed
against the backdrop of reports on corruption allegations in the
international tennis arena by the BBC and Buzzfeed News

Note: Committee name can be used in questions related to international


sports.
AK BHARGAVA COMMITTEE
To look into the issues of Net neutrality"
Committee recommended for adherence of the core principles of Net
Neutrality, it also suggested few exceptions in the interests of national
security and businesses.
Highlights of report

Legitimate traffic management practices may be allowed but should


be tested against the core principles of Net Neutrality. Further,
Improper (Paid or otherwise) Prioritization may not be permitted.

India specific Net Neutrality approach should be formulated by


taking into account international best practices that serve specific
needs of the country.

The primary goals of public policy in the context of Net Neutrality


should be directed towards achievement of developmental aims of
the country by facilitating Affordable Broadband, Quality Broadband
and Universal Broadband for its citizens.

User rights on the Internet need to be ensured so that Telecom


or Internet Service Providers do not restrict the ability of the user to
send, receive, display, use, post any legal content, application or
service on the Internet, or restrict any kind of lawful Internet activity or
use.

Over-the-top (OTT) application services should be actively


encouraged and any impediments in their expansion and growth
should be removed.

In order to deal with the complexities of the new digital world,


a think-tank with best talent may also be set up.

NOTE: You can use these recommendations in Net Neutrality questions.


AK SINHA COMMITTEE
To study silt in river Ganga in Bihar
AP SHAH COMMITTTEE (MAT)

A P Shah Committee

Mandate to examine the matter relating to levy of MAT on


FIIs/FPIs for the period prior to 1.04.2015.
The Committee has recommended that section 115JB of the Incometax Act may be amended to clarify the inapplicability of MAT provisions
to FIIs/FPIs.
The Government has accepted the recommendation of the
Committee to clarify the inapplicability of MAT to FIIs/FPIs and has
decided that an appropriate amendment to the Income-tax Act will be
carried out. Through the amendment the Government proposes to
clarify that MAT provisions will not be applicable to FIIs/FPIs not having
a place of business/ permanent establishment in India, for the period
prior to 01.04.2015.

MAT is a minimum tax levied on profit-making entities that dont pay


corporate income tax because of exemptions and incentives.
The tax row had started after the income tax department started issuing
notices to foreign investors for levy of MAT on capital gains accruing to
them from sale of shares, citing an August 2012 order by the Authority for
Advance Rulings in the case of Castleton Investment Ltd that MAT is
applicable on both domestic and foreign companies.
The decision will help in reviving the investor confidence and ensuring
clarity of taxation in the hands of the foreign investors
AP SHAH COMMITTEE (OIL PRICING)
To look into the dispute between Oil and Natural Gas Corporation Limited
(ONGC) and Reliance Industries Limited (RIL) on Krishna Godavari (KG) gas
fields.

NOTE: You can use the name in questions related to Oil Pricing, Oil
economics etc.

AMITABH KANT COMMITTEE


To look at easing the policy regime for e-commerce players, including the
rules for foreign direct investment (FDI)
Terms of Reference:

Examine various issues in e-commerce sector and making


recommendations for further liberalisation of the policy.

Look into all issues including FDI norms pertaining to the fast
growing e-commerce industry in the country
Significance:

There are issues related to e-commerce players selling


pharmaceuticals

Some e-commerce firms are facing taxation related problems in few


states.

Setting up of this committee assumes significance as the Union


Government recently had permitted 100 per cent FDI in food
processing sector.

The DIPP (Department of Industrial Policy and Promotion) has


permitted 100 per cent FDI through automatic route in the marketplace
format. But FDI has not been allowed in inventory-based model of ecommerce.
Note: Use this committees name in questions related to FDI and eCommerce
ARVIND SUBRAMANIAN COMMITTEE
On Possible Tax rates under Goods and Services Tax (GST)

Note: Recommendations are not important. Use this name in questions


related to GST.

ARVIND SUBRAMANIAN COMMITTEE (PULSES)

The committee is tasked to study and suggest ways to contain the


rising prices of pulses in the country.
The committee will consider a reasonable hike in the Minimum
Support Price (MSP) for pulses and bonus for the farmers to promote
pulse cultivation.
Frame an appropriate long term policy to promote cultivation of
pulses in India and shall also consider the issue of subsidising farmers
who wish to grow pulses.

ASHOK DALWAI COMMITTEE


To prepare a blueprint for doubling farmers income by 2022
Terms of reference:

Prepare plan to shift farm policies to income based from current


production-oriented.

Identify potential areas of agriculture where more investment should


happen.

Suggest ways to reduce the risk of farming by diversifying to


horticulture and allied activities like livestock and fisheries to boost
income.

Suggest measures for reducing the cost of cultivation and


addressing unpredictability of weather and price fluctuations in farm
sector.
Background
In the Union Budget 2016-17, Government had announced to double farm
incomes by 2022. To follow up its budget announcement, Government
decided to set up the committee. Union Government is focusing on
increasing crop yields and reducing the cost of cultivation in order to
increase the net income of farmers. For this purpose, Government had
launched various schemes related to agriculture sector to bring down the
cost of cultivation.
Note: Use this name in questions related to farmers suicide, agricultural
distress etc.
BB TANDON COMMITTEE
12/04/2016

A three member committee constituted to address the issues


related to Content Regulation in Government Advertising.

The committee would be chaired by Shri B.B. Tandon, Former


Chief Election Commissioner of India.
Context:
Honble Supreme Court had directed to constitute the Body for ironing out
the creases that are bound to show from time to time in implementation

of the judgement of Apex Court on Content Regulation of Government


Advertising.
Terms of Reference:

Will address complaints from the general public of violation on the


implementation of the guidelines set out by Honble Supreme Court.

Would also take suo motu cognizance of any violation / deviation of


the guidelines of Honble Supreme Court and recommend corrective
action to the Ministry /Department.

The Committee may recommend suitable changes to the Supreme


Court guidelines to deal with new circumstances and situations that
may arise from time to time, without making major policy changes
within the policy direction of Supreme Court.

The Committee is not bound by any legal rules of evidence and may
follow such procedure that appears to it to be fair and proper for swift
settlement of grievances. For all decisions of the Committee, the view
of majority would prevail.
BCCI LODHA COMMITTEE
Lodha committee was set up by the Supreme Court to recommend
reforms in the Board of Control for Cricket in India (BCCI). The threemember panel was headed by Justice (Retd) RM Lodha.
SC has accepted following recommendations of Lodha Committee:
1.
Ministers and civil servants and those above 70 years of age cannot
become BCCI members.
2.
An office-bearer of BCCI cannot hold a post for more than three
years
3.
Parliament to decide whether BCCI should come under the Right to
Information Act (RTI)
4.
There should be a players association in the BCCI
5.
Disallowing
BCCI
office-bearer
from
holding
dual
posts
simultaneously i.e. in a state cricket association and in the BCCI
6.
Each state should have only one vote. States like Maharashtra and
Gujarat having more than one cricket association will have voting rights
on rotational basis
7.
Member of the Comptroller and Auditor General (CAG) to be
included in the BCCIs governing council
All 15 salient recommendations are (Not important)
1.
Membership: One State, One Vote. Only cricket Associations
representing the States would have voting rights as Full Members of
the Board, thereby ensuring equality among the territorial divisions.
Any other existing members would be Associate Members.
2.
Zones : Zones for Tournaments alone. The Zones would be
relevant only for the purpose of the tournaments conducted amongst

themselves, but not for nomination to the governance of the Board or


to the various Standing Committees.
3.
State Associations : State Associations - Uniformity in Structure.
The Associations that are the Members would necessarily have to
restrict the tenures of office bearers and prescribe disqualifications, do
away with proxy voting, provide transparency in functioning, be open
to scrutiny and audit by the BCCI and include players in membership
and management. They would also have to abide by the conflict of
interest policy prescribed by the Board, and divorce the Association
from the social club, if any.
4.
Office Bearers : Limited Tenures & Cooling Off. While all the
existing office bearers (President, Vice-President, Secretary, Treasurer
and Joint Secretary) are retained in honorary positions, the number of
Vice Presidents is pruned from five to one. Their duties have been
realigned. The President is shorn of his say in selections. The additional
vote for the President at meetings is deleted. The terms of these Office
Bearers continue to be of 3 years, but with a maximum of 3 such terms
regardless of the post held, with a cooling off period after each such
term.
5.
Governance : Governance separated from management. The 14
member Working Committee is replaced by a 9 member Apex Council
(with one-third independent members) consisting of the Office Bearers
of the BCCI, an elected representative of the General Body, two
representatives of the Players Association (one man and one woman)
and one nominee from the C&AGs office. Terms of eligibility and
disqualification are specified with a bar on Ministers and government
servants.
6.
Management : Professionalism in management. Professionalism
is brought in by introducing a CEO with strong credentials assisted by a
team of managers to handle non-cricketing affairs. The large number of
Standing Committees and Sub-Committees created by the BCCI has
been reduced to two essential ones that would advice the CEO with
reference to tours, technical aspects and tournaments.
The selection, coaching, performance evaluation and umpiring are to be
handled by Cricket Committees manned only by former professionals.
Specific provisions have been made to encourage cricket for women and
the differently-abled.
7.
The IPL : Limited Autonomy for IPL. The Governing Council of the
IPL is reduced to 9, but includes 2 representatives of the Franchisees
and nominees of the Players Association and the C&AGs office.
8.
Players : A voice for Players. There shall be a Cricket Players
Association affording membership to all international and most first
class men and women retired cricketers. This Association shall
discharge assigned functions with the financial support of the BCCI. It
shall be brought into existence by an independent steering committee.
9.
Agents : Arms length for agents. Players interests are protected
by ensuring that their Agents are registered under the prescribed
norms administered by the BCCI and the Players Cricket Association.

10. Conflict of Interest : Avoidance of conflicts. Detailed norms have


been laid down to ensure there is no direct or indirect, pecuniary or
other conflict or appearance thereof in the discharge of the functions of
those persons associated or employed by the BCCI, its Committees, its
Members or the IPL Franchisees. These norms shall be administered by
an Ethics Officer.
11. The Ombudsman and the Electoral Officer : Independent
monitors. Provision has been made to have an independent
ombudsman to resolve grievances of Members, Administrators, Players
and even members of the public as per the procedures laid down.
Similarly, an independent Electoral Officer to oversee the entire
electoral process is also mandated.
12. Functioning: Transparency. The BCCI must provide the relevant
information in discharge of its public functions. All rules and
regulations, norms, details of meetings, expenditures, balance sheets,
reports and orders of authorities are to be uploaded on the website as
well.
13. Oversight : Accountability. An independent auditor to verify how
the Full Members have expended the grants given to them by the BCCI,
to record their targets and milestones, and to submit a separate
compliance report in this regard.
14. Betting & Match-fixing : Legalization for betting and
Criminalization for match-fixing. A recommendation is made to legalize
betting (with strong safeguards), except for those covered by the BCCI
and IPL regulations. Also a recommendation for match/spot-fixing to be
made a criminal offence.
15. Ethics for Players : Awareness and sensitization. Provisions to be
made for lectures, classes, handbooks and mentoring of young
players.
Note : Use this name in questions related to sports administration
BEZBARUAH COMMITTEE
Committee was formed by Ministry of Home Affairs to recommend
measures for safety and better integration of natives of North East states
in rest of India.
Major recommendations:

New sections 153C and 509A in IPC


The proposed Section153-C makes acts causing or likely to cause
fear
or
feeling
of
insecurity among
the northeastern
community punishable with up to five years imprisonment
The proposed Section 509-A provides up to three years
imprisonment for words, gesture or act intended to insult a member
of anyrace

The Delhi Government will also be providing compensation and


monetary assistance to the NE people under Delhi Victim
Compensation Scheme 2011
Delhi police will recruit 20 police personnel, (10 male 10 female)
each from North East States; Police exchange programme
North East Special Unit at New Delhi

Note: Use this name in questions related to discrimination with NE people


COMMITTEE FOR CONSOLIDATION OF PENSION PRODUCTS

Aims to consolidate the regulation of pension products that is currently


being done by three different watchdogs including insurance and stock
market regulators.

The committee would have representatives from all financial sector


regulators SEBI, IRDA, RBI and PFRDA. Its mandate will be to look into the
issue of bringing these companies which are offering pension plans under
different regulators under the purview of PFRDA

Why there
products?

is

need

to

consolidate

regulation

of

pension

The PFRDA Act says that PFRDA will be the pension regulator in the
country.Currently, pension products floated by insurance companies and
those sold by mutual funds are under purview of IRDA and SEBI
respectively. Thus, there are cases of overlapping functions performed by
financial sector regulators SEBI, IRDA, RBI and PFRDA in case of floating
different pension products. For instance PFRDA is regulating all pension
products in the country. However, insurers and mutual funds continue to
sell pension products outside PFRDAs watch.

DEEPAK MOHANTY COMMITTEE

To frame action plan on financial inclusion.


Key recommendations:

Augment the government social cash transfer in order to increase


the personal disposable income of the poor. It would put the economy
on a medium-term sustainable inclusion path.

Sukanya Shiksha Scheme: Banks should make special efforts to


step up account opening for females belonging to lower income group
under this scheme for social cash transfer as a welfare measure.
Aadhaar linked credit account: Aadhaar should be linked to each
individual credit account as a unique biometric identifier which can be
shared with Credit information bureau to enhance the stability of the
credit system and improve access.
Mobile Technology: Banks traditional business model should be
changed with greater reliance on mobile technology to improve last
mile service delivery.
Digitisation of land records: It should be implemented in order to
increase formal credit supply to all agrarian segments through
Aadhaar-linked mechanism for Credit Eligibility Certificates (CEC).
Nurturing self-help groups (SHGs): Corporates should be
encouraged to nurture SHGs as part of Corporate Social Responsibility
(CSR) initiative.
Subsidies: Government should replace current agricultural input
subsidies on fertilizers, irrigation and power by a direct income transfer
scheme as a part of second generation reforms.
Agricultural interest subvention Scheme: It should be phased
out.
Crop Insurance: Government should introduce universal crop
insurance scheme covering all crops starting with small and marginal
farmers with monetary ceiling of Rs. 2 lakhs.
Multiple Guarantee Agencies: Should be encouraged to provide
credit guarantees in niche areas for micro and small enterprises
(MSEs). It would also explore possibilities for counter guarantee and reinsurance.
Unique identification of MSME: It should be introduced for all
MSME borrowers and information from it should be shared with credit
bureaus

Note: All these recommendations are good. You can remember them and
write them as suggestions.
DHIRENDRA SINGH COMMITTEE
Make in India in Defence Sector: An Overview of the Dhirendra Singh
Committee Report
Objective:

evolve a policy framework for facilitating Make in India within the


purview of the Defence Procurement Procedure (DPP) and

streamline the procurement process


Recommendations:

Strategic partnership model : After taking into account the


unique nature of defence equipment and the configuration of the global
defence industry, the Committee has arrived at three models for the
Indian set up Strategic Partnership, Developmental Partnership and
Competitive Partnership. According to the Committee, the choice of the
model should be based on strategic needs, quality criticality and cost
competitiveness.
like the Raksha Udyog Ratan concept (Kelkar Committee) , the strategic
partnership model also visualises selective identification of a few big
private players and nurturing them through preferential treatment, which
would entail co-opting them for Buy and Make and Government-toGovernment
procurement
programmes.
Identified segments for Partnership like aircraft, armoured vehicle etc.
Suggested measures to prevent building of monopolies by allowing
selected number (2 -3) RUR in each segment the idea of strategic
partnership is as relevant as the earlier RUR concept since India cannot
afford to have a very large and frequently changing number of players in
every segment of major defence platforms. Even in the United States, the
biggest defence market in the world, the production of major platforms
and weapon systems is consolidated among a few major companies.
Having said this, the major challenge for the government now is to select
the SP in each segment. Given the earlier experience in the selection of
RURs, it would be worth watching how the government proceeds on the SP
concept.

Industry Friendly Procurement System : A major focus of the


Expert Committee is on streamlining the acquisition process and
structure so as to create more opportunities for the local industry.

The Committee argues that for Make in India to succeed, the


procurement system must recognise the unique and strategic nature of
defence equipment, which is characterised by high-technology content,
stringent quality standard, limited vendor base, low production rate, rapid
obsolescence and restricted mobility across borders. In such a scenario,
for the local industry to prosper, there is a need to take it into confidence
in every possible procurement step, beginning with the planning process.
Highlighting the current weakness whereby the local industry does not
have information about the type and nature of the long term equipment
requirement of the armed forces, the Committee has suggested that the
relevant information as contained in various plans and other documents
be shared with the industry with the sole objective of enabling the latter
to make a concrete decision on investment or technology partnership
Committee has suggested the revision of the current Technology
Perspective Capability Roadmap (TPCR) so as to reflect the type and
nature of the equipment required by the armed forces in the next 15

years. At the same time, the Committee has also suggested that schemes
amenable to Make projects be shared with the industry along with the
details of other schemes as contained in the 5-year Services Capital
Acquisition Plan (SCAP).
Since Make projects involve a long-gestation period, the decision on such
projects must precede that of other categories by at least one plan period
(five year) or more. Such pre-positioning of Make projects would give
much needed leeway to the industry and the services to iron out any issue
that may arise at the developmental stage without significantly disturbing
the planned induction schedule.
The eligibility criteria for soliciting expression of interest (EoI) from the
industry should be liberal to include not only the big players but also all
the innovative and agile industry including from the Micro Small &
Medium Enterprises (MSME) sector. Moreover, the industry executing the
Make project should be given tax incentives by way of allowing their
developmental cost (of 20 per cent) as being qualified as R&D
expenditure.
The Committee is also of the firm opinion that for the local industry to
grow, the current approach of the procurement system towards single
vendor situations needs a relook.

Emphasis on Greater Indigenisation


The Experts Committee is of view that Make in India should not become
assemble in India with no IPR [intellectual property rights] and design
control and thereby perpetuating our dependence on the foreign
suppliers.
To guard against such a situation, the experts group has emphasised on
progressively increasing the indigenisation content, to be ensured not only
through DPP-driven procurement but also by entities like DRDO, DPSUs
and OFs the three traditional players in the defence industry set up.
Increase local content threshold in 'Buy (Indian), 'Buy and Make (Indian)'
and 'Make (Indian)'
Committee has given the flexibility to the procurement authorities to
lower the local content requirement. At the same time, in systems in
which local capability is relatively developed, authorities would have the
option of enhancing the indigenisation requirement.

Human Resource Development


Conducive Financial Framework

KAMLESH CHANDRA COMMITTEE

To examine the wage structure, service conditions of the Gramin Dak


Sevaks (GDS) in the Department of Posts (DoP).

Note: Not important

KELKAR OIL SECTOR REFORM


To bring down the nation's oil import bill Kelkar recommended following
reforms
in
oil
sector:
Institutional Reforms:
1.
Create an empowered Cabinet Committee on Energy for policy
formulation and integration of energy related issues; will remove policy
paralysis.
2.
Make DGH an independent regulator for upstream oil & gas sector
on the lines of SEBI; more teeth to DGH to resolve issues.
3.
Create a national databank of basins; enhance transparency.
4.
Create an independent cadre of staff for downstream regulator
(PNGRB);
stability
to
PNGRB.
Fiscal:
1.
Cover oil & gas under GST to simplify & standardize taxation norms
ensuring similar country wide pricing.
2.
Extend definition of mineral oil as used in Oilfields Regulation &
Development
act
to
IT
act-1965;
to standardize
taxation.
Pricing:
1.
Market linked pricing for natural gas to incentivize higher
exploration & production making stranded fields viable; increased
domestic production will reduce imports.
2.
Wave off custom duty on imported LNG to boost demand in general
Contractual:
1.
Favored PSC over RSC due to misaligned risk return structure of the
latter; RSC often a cause for lower level of production as riskier fields in
deeper waters are not bided & exploited.
2.
Ensure absence of retrospective clauses/changes in contracts to
bring clarity in contracts.
3.
Extension of contract tenure up to economic life of asset (oil field) to
boost
investor
sentiments.
Policy:
1.
Bring open acreage licensing policy by 2016 to allow upstream
companies to bid for any oil & gas block without waiting for
announcement of bidding under NELP regime.

2.

To boost investment in exploration allow equity participation to


foreign firms in nominated fields.

The above recommendations can be thoughtfully implemented to reduce


country's oil import bill.
KS VALDIYA COMMITTEE

Committee has concluded that Saraswati River so far considered mythical,


existed.

The committee comprising of geologists, archaeologists and


hydrologists say that they have found evidence of the course of the
river Saraswati
Committee found that Saraswati River originated in the Himalayas.
It was approximately 4,000 km in length and flowed through India and
Pakistan before meeting Arabian Sea through Rann of Kutch
Two-third stretch of river measuring nearly 3000 km in length fell in
India and reaming one-third of the river stretch fell in present-day
Pakistan.
The river had two branches viz.
a.
Western Branch: It represented by the Himalayan-born Satluj
River of the past which flowed through the channels of present-day
Ghaggar-Patialiwali rivulets.
b.
Eastern Branch: Palaeochannels (remnants of defunct rivers)
Sarswati-Markanda rivulets in Haryana were courses of eastern
branch of river, known as Tons-Yamuna.

Suggestions by Committee:

The committee has recommended that the government legislate a


law to regulate extraction of water from palaeochannels in view of low
rainfall in dry stretches and reckless exploitation of freshwater for
irrigation and other purposes.

The panel suggested that it develop systematic database of all


surface maps of palaeochannels and sub-surface stratigraphic data
including geophysical surveys, borehole data, chemical quality and
isotopic composition of groundwater in and around palaeochannel.

It also proposed launching of a mission to facilitate accurate


estimation of groundwater reserves.

Among other, the committee has urged the government to make


recharging as many well-identified palaeochannels as possible its
top priority.
LAKDWALA COMMITTEE

26/04/2016
Lakdawala Formula

Till as recently as 2011, the official poverty lines were based entirely
on the recommendations of the Lakdawala Committee of 1993.

This poverty line was set such that anyone above them would be
able to afford 2400 and 2100 calories worth of consumption in rural
and urban areas respectively in addition to clothing and shelter.
These calorie consumptions were derived from YK Alagh committee
only.
According to the Lakdawala Committee, a poor is one who cannot
meet these average energy requirements. However, Lakdawala formula
was different in the following respects in comparison to the previous
models:
In the earlier estimates, both health and education were
excluded because they were expected to be provided by the states.
This committee defined poverty line on the basis of household per
capita consumption expenditure. The committee used CPI-IL
(Consumer Price Index for Industrial Laborers) and CPI- AL (Consumer
Price Index for Agricultural Laborers) for estimation of the poverty line.
The method of calculating poverty included first estimating the per
capita household expenditure at which the average energy norm is
met, and then, with that expenditure as the poverty line, defining as
poor as all persons who live in households with per capita expenditures
below the estimated value.
The fallout of the Lakdawala formula was that number of people
below the poverty line got almost double. The number of people below
the poverty line was 16 per cent of the population in 1993-94. Under
the Lakdawala calculation, it became 36.3 per cent

L NARASIMHA REDDY COMMITTEE

Aim was to look into the implementation of One Rank One Pension (OROP)
scheme for the ex-servicemen. It has submitted its report.

What is One Rank One Pension (OROP)?


The OROP scheme aims to provide ex-servicemen of same rank and same
length of service uniform pension regardless of date of retirement,
provided that the ex-servicemen concerned had retired from the same
rank and they had served for an equal number of years. Under this
scheme, pension will be re-fixed every five years for ex-servicemen and
future enhancements in rates of pension will be automatically passed to
the past pensioners
Lt GEN DB SHEKTAKAR COMMITTEE

Aim:

To recommend measures to enhance the combat capabilities of the


armed forces and re-balance the overall defence expenditure.

The overall aim of the committee is to ensure combat capabilities


Indian armed forces and enhance their potential with a better teeth-totail combat ratio, within budgetary constraints.
It also aims at ensuring leaner and cost-effective fighting forces of
India.

Background:

The committee was constituted owing to the present revenue


component (day-to-day costs/salaries) in the defence budget.

The revenue component usually outstrips the capital outlay every


year and leaves a very little for new modernisation projects for the
armed forces.

Since the 1999 Kargil conflict, Union Government is trying to follow


a policy of `save and raise in order to improve combat capabilities
without manpower increases.

For this purpose government is focusing on modernisation and


induction of cutting-edge technologies, for optimisation of manpower.
MADHAV CHITALE COMMITTEE

The Union Ministry of Water Resources, River Development and Ganga


Rejuvenation has constituted this committee to prepare guidelines for
desiltation of Ganga Rive
Terms of Reference of Committee

Prepare guidelines for desiltation of Ganga River from Bhimgauda


(Uttarakhand) to Farakka (West Bengal).

Establish difference between desilting and sand mining.

Establish need for desilting for ecology and e-flow of the river
Ganga.
MADHAV MENON COMMITTEE

The Union Ministry of Water Resources, River Development and Ganga


Rejuvenation has constituted this committee to prepare guidelines for
desiltation of Ganga Rive
Terms of Reference of Committee

Prepare guidelines for desiltation of Ganga River from Bhimgauda


(Uttarakhand) to Farakka (West Bengal).

Establish difference between desilting and sand mining.

Establish need for desilting for ecology and e-flow of the river
Ganga.
MADHUKAR GUPTA COMMITTEE

The Union Ministry of Water Resources, River Development and Ganga


Rejuvenation has constituted this committee to prepare guidelines for
desiltation of Ganga Rive
Terms of Reference of Committee

Prepare guidelines for desiltation of Ganga River from Bhimgauda


(Uttarakhand) to Farakka (West Bengal).

Establish difference between desilting and sand mining.

Establish need for desilting for ecology and e-flow of the river
Ganga.
MUNNIALAPPA COMMITTEE

The Union Agricultural Ministry has constituted a High-Level Committee to


monitor the bird flu situation and help state governments take steps to
contain the disease.

The committee was constituted after mortality among the birds in National
Zoological Park, Delhi NCR and other parts of the country due to Avian
Influenza Virus (H5N1) was found.
BILLS AND ACTS
AADHAR ACTS

Aadhaar (Target Delivery of Financial and Other Subsidies, Benefits and


Services) Bill, 2016
Aim : The Bill is aimed at giving statutory backing for transferring
government subsidies and benefits to targeted people by assigning them
Aadhaar numbers i.e. unique identity numbers
Key

Features:
Determines eligibility criteria for enrolling persons
Determines what information they need to submit
Determines use of Aadhaar number:
Verifying the identity of a person receiving a subsidy or a
service
o
as a proof of identity of the Aadhaar number holder for any
purpose asked by any public or private entity
o
It cannot be a proof of citizenship or domicile
Determines composition and function of UID
Provides for protection of information

Related Notes:

Aadhar as Money Bill


ADMIRALTY (JURISDICTION AND SETTLEMENT OF MARITIME CLAIMS) BILL 2016

The proposal to enact to this bill was forwarded by Union Ministry of


Shipping to repeal five archaic admiralty statutes. Admiralty jurisdiction is
related to the powers of the High Courts in respect of claims associated
with transport by sea and navigable waterways.
Key Facts:

The Bill consolidates the existing laws relating to admiralty


proceedings on maritime claims, admiralty jurisdiction of courts, arrest
of vessels and related issues.

This legislative proposal will also fulfil a long-standing demand of


the maritime legal fraternity.

It also repeals five obsolete British statues on admiralty jurisdiction


in civil matters. They are (i) Admiralty Court Act, 1840 (ii) Admiralty
Court Act, 1861, (iii) Colonial Courts of Admiralty Act, 1890, (iv)
Colonial Courts of Admiralty (India) Act, 1891, and (v) Provisions of the
Letters Patent, 1865
Salient Features

Confers admiralty jurisdiction on High Courts located in coastal


states of India

The jurisdiction will be extendable by the Union Government


notification upto exclusive economic zone (EEZ) or any other maritime
zone or islands constituting part of India.

It applies to every vessel irrespective of place of domicile or


residence of owner.

It does not apply to naval auxiliary, warships and vessels used for
non-commercial purposes.

Inland vessels and vessels under construction are excluded from its
application. But it empowers Union Government to make it applicable
to these vessels also by a notification.

It lists the jurisdiction for adjudicating on a set of maritime claims. A


vessel can be arrested in certain circumstances in order to ensure
security against a maritime claim.
Background

India is a leading maritime nation and maritime transportation


caters to about 95% of its merchandise trade volume.

However, the admiralty jurisdiction of Indian courts under the


present statutory framework flow from laws enacted in the British era.

The repealing of five archaic admiralty statutes is in line with the


Union Governments commitment to do away with archaic laws which
are hindering efficient governance.

AGRICULTURE LAND LEASING ACT,2016


Background:

An expert panel appointed by NITI Aayog submitted its


recommendations in April 2016 to create a model law to formalise
leasing of agricultural land.

Besides, reviewing existing agricultural tenancy laws of states, the


expert committee had to suggest appropriate amendments with a view
to legalise and liberalise land leasing and, more importantly, to prepare
a model act.

After consultations with states, farmer associations and civil


societies, in the final report, the committee has provided a Model
Agricultural Land Leasing Act.

Currently, land ownership in India is recognised through the


Registration Act of 1908. But on strictly technical terms, this Act only
records the selling and buying of lands and doesnt indicate ownership.
As of now, most state governments have either legally banned or
imposed various restrictions on agricultural land leasing.
What are the advantages of liberalised Land Leasing?

Consolidation of operational holdings, fallow land

Access to institutional credit

Productive use of land belonging to farmers unwilling to engage in


farming
Why a law in this regard is necessary?

Absence of a sound institutional framework facilitating land leasing


had been viewed as a major obstacle for private investment in
agriculture resulting in poor productivity.

Due to lack of any legal framework for leasing, the informal tenants
of agricultural land have, in many parts of the country, been deprived
access to institutional credit, disaster relief, and other support
services.

The situation, where beneficiaries of agricultural support services


have been the land-owners and not the actual tillers, has fuelled
problems of farmer suicides, default on agricultural loans among
others.

Also, agricultural land leasing has hitherto been informal due to


legal restrictions imposed by some states, and these restrictions have
affected agricultural productivity growth.

Besides, tenancy laws differ from state to state. Laws in some states
are generally very restrictive in the sense that they had almost
prohibited agricultural tenancy. Such restrictive tenancy laws of states
had adversely affected agricultural efficiency, equity, occupational
diversification, and rapid rural transformation.

What are the main features of proposed model Agricultural Land


Leasing Act, 2016?
Main features of the proposed model Agricultural Land Leasing Act, 2016:

Legalise land leasing, which will promote agricultural efficiency,


equity, poverty reduction, agriculture productivity and rapid rural
change.

This is to ensure complete security of land ownership right for land


owners and security of tenure for tenants for the agreed lease period.

It will remove the clause of adverse possession of land in the land


laws of various states as it interferes with free functioning of the land
lease market.

Allow automatic resumption of land after the agreed lease period


without requiring any minimum area of land to be left with the tenant
even after termination of tenancy.

Allow the terms and conditions of lease to be determined mutually


by the land owner and the tenant, without any fear on the part of the
landowner of losing land rights.

Facilitate all tenants including share croppers to access insurance


bank credit and bank credit against pledging of expected output.

Incentivise tenants to make investment in land improvement and


also entitle them to get back the unused value of investment at the
time of termination of tenancy.

What would be the benefits if this is implemented?

The Act will allow leasing of land for the purpose of agriculture and
allied activities for a specified period and as per mutual agreement
between land owner and lessee cultivators.

Agriculture and allied activities encompasses the raising of crops


including food and non-food crops, fodder or grass; fruits and
vegetables, flowers, any other horticultural crops and plantation;
animal husbandry and dairy; poultry farming, stock breeding; fishery;
agro-forestry, agro-processing and other related activities by farmers
and farmer groups.

Further, the major benefit expected from the Act would be to lesseecultivators, as they would be entitled to obtain loans, crop insurance,
disaster relief or any other related benefits or facilities provided to
farmers by the state or Central government based on their agricultural
use of the leased-in land.

What are the limitations in the proposed model act?

The Model Leasing Act, if adopted in the proposed form, may


encourage the diversion of agriculture land from crop cultivation to
commercial use because it allows leasing of agricultural land for
activities like plantation crops, animal husbandry and dairy etc., in
addition to crop cultivation. Once agricultural land is transferred to
allied activities, it will not only reduce the total land stock available for
crop cultivation with an adverse impact on production of field crops but

will also change the land-use pattern, if not permanently, at least for a
very long period.
There is also no clarity on the definition of lessee cultivator. The
Model Leasing Act defines a lessee cultivator as a person who leases
in agricultural land. It is not clear whether corporates and absentee
landlords
willing
to
manage
cultivation
through
their
employees/representatives can be allowed to lease-in agricultural land
or the leasing should be restricted to farmers/group of cultivators
including landless cultivators.
Whether contract farming, particularly by corporates, should also
fall under the purview of the proposed Model Leasing Act. There should
not be any problem in leasing of agricultural lands by corporates if land
use is restricted to cultivation of agricultural crops only since the
leasing-in by corporates may lead to increased flow of investment to
the agriculture sector. However, such contracts would affect the food
security in the country, if choice of crops is solely motivated by profit.
Also worrisome is allowing lease contracts between the parties for
an indefinite period and that the government shall not fix a minimum
or maximum lease period. It would also increase the risk of any
influence/pressure on the lessor to lease out the land for a very long
period and it might become very difficult for the survivors in the family
to resume operating the land from an influential lessee. Thus, if the
government does not fix maximum lease period, it will increase the risk
of losing the contracted land permanently from food crops.
The Model Leasing Act, though provides for lessors to resume the
land if any damage to the soil health is done by the lessee, it does not
clearly define what constitutes damage to soil health. It is felt that
interpreting the damage to soil health would vary from person to
person and it may give rise to disputes between the lessors and
lessees.
The Model Leasing Act also allows lessees to build structures or any
fixtures on the land with permission from the lessor. These ambiguous
provisions are not any better than the existing system in terms of its
provisions to improve security of the tenant. Therefore, in all likelihood
it would reduce the incentive for tenants to step up investment and
improve land productivity.
The Model Leasing Acts proposed schemata of addressing the issue
of change of land ownership, is inimical to the interests of both
landlords and tenants. Once the ownership of land is changed on
account of sale or gift, lease contract may be terminated unless the
new landlord and lessee agree to continue the contract for the rest of
the agreed period.
The act is also silent on whether a land already under lease
agreement can be mortgaged or not, keeping in view that the lessee
might be interested in availing crop loans or term loans in case of allied
activities.
While dealing with termination of lease, the Model Leasing Act has
blatantly ignored why lessor should not terminate lease contract if the

lessee keeps or intends to keep the contracted land fallow in a normal


case due to his loss of interest in cultivation. Keeping a cultivable land
fallow defeats the very purpose of enacting the Land Leasing Act which
aims at ensuring productive and optimal use of scarce resources.

Why is it being opposed by farmer activists?

Farmer activists across India have strongly advocated not allowing


the usage of agriculture land for industrial purposes.

They say agricultural land should not be given to corporate houses


in their name. There should be a viable ceiling on land to be given on
lease and it should be given only to landless, agriculture labourers or
unemployed youths at the household level.

The ceiling on land should be such that it can provide a good living
for a household. Otherwise, there is a danger of this land being
transferred to corporate houses, which can prove disastrous for the
food security of this country.

Also, activists say grazing lands for animals should not be allowed at
any cost to be given on lease in the name of fallow land. Grazing land
is very crucial for a village and it should be reserved for livestock only.

Conclusion:
Overall, the Model Leasing Act aims to benefit both lessors who prefer to
enter into a lease agreement without the fear of losing ownership rights,
and lessees who require protection from premature termination of lease
contracts. No doubt, legalising the tenancy will result in better
productivity of crops grown on the contracted land by replacing an
unwilling cultivator with a willing cultivator, provided the contracted land
remains to be used for cultivation of field crops only. However, the Model
Leasing Act appears to be lopsided and seems to be giving an edge to
lessees over the landlords. Also, allowing the contracted land to be used
for activities other than crop production that too for an indefinite period
will certainly threaten the food security of the country in the long run.
These issues should be taken up for further consideration by the NITI
Aayog so that a balanced and more acceptable model would come into
force.
ANTI-HIJACKING BILL 2016
Parliament has passed the Anti-Hijacking Bill, 2016 to widen ambit of law
dealing with this anti-hijacking crime.
Key provisions of the Bill

The Bill defines hijacking as seizing control of an aircraft in service,


unlawfully and intentionally, by coercion, technological means or by
exercising force or any other form of intimidation.

It covers several acts within the definition of hijacking. It includes


o
attempt and abetment of hijacking
o
organizing or directing others to commit hijacking and

making a credible threat to commit hijacking.


The Bill provides for the death penalty for hijackers even if ground
airport personnel and handling staff are killed during such acts.
Under it, hijacking and the related offences shall be extraditable. It
means that for such offences, one country many transfer the accused
to another countrys legal jurisdiction.
The Bill will not allow refusing the request for extradition on the
ground that hijacking is a political offence or is connected to a political
offence.
o

The current law, The Anti-Hijacking Act, 1982 which was last amended in
1994, will be repealed after passage of this new Bill.
Why this bill was passed?
The Bill has been framed in line with the International convention
including Beijing Protocol, 2010. It was introduced for more vigilant for the
safety and security of passengers in case of hijacking. It will help to
overcome drawbacks of the existing crisis management system in dealing
with cases of hijacking.
ASSISTED REPRODUCTIVE TECHNOLOGY
The Bill will ensure effective regulation of surrogacy, prohibit commercial
surrogacy and allow ethical surrogacy to the needy infertile couples.
Salient Features of Bill

Regulate practices in ethical surrogacy in the country and prohibits


commercial surrogacy including sale and purchase of human embryo
and gametes.

Calls for establishment National Surrogacy Board (NSB) at the


central level and State Surrogacy Boards (SSB) and Appropriate
Authorities in States/Union Territories.

Allows ethical surrogacy for all infertile Indian married couple in the
country.

Protects rights of surrogate mother and children born out of


surrogacy.

The law will apply to whole of India, except the state of Jammu and
Kashmir.

All Assisted Reproductive Technology (ART) clinics will be registered.

The bill states that the surrogate child will have equal rights like any
other biological or adopted child over property.

The surrogate mother, who should be married and have borne a


healthy child, needs to be a close relative of the couple. She should be
within the age of 23 to 50 years and her husband should be between
the age of 26 to 55 years.

A woman will be allowed to become a surrogate mother only for


altruistic purpose and under no circumstances money shall be paid to

her, except for medical expenses. Also, only close relatives can turn
candidates for surrogacy, according to the proposal.
Also, couples having a child already (biological or adopted) cant
approach a surrogate mother.
Further, the bill has also a provision for jail term upto 10 years, and
a fine of Rs 10 lakhs for violations, such as abandoning the child and
opting for commercial surrogacy.

Major benefits

Regulates the surrogacy services in the country.

Ban unethical commercial surrogacy and also sale and purchase of


human embryo and gametes.

Allows ethical surrogacy to needy infertile couples on fulfilment of


certain conditions.

Control unethical practices in surrogacy, prevent commercialization


of surrogacy.

Prohibit potential exploitation of surrogate mothers and children


born through surrogacy.
Background

India has emerged as a surrogacy hub for couples from different


countries. However there have been reported incidents concerning
unethical practices of surrogacy across country.

Incidents such as exploitation of surrogate mothers, abandonment


of children born out of surrogacy and rackets of intermediaries
importing human gametes and embryos were also reported.

The 228th report of the Law Commission of India (LCI) also had
recommended for banning commercial surrogacy by enacting a
suitable legislation. However, it had allowed ethical altruistic surrogacy
to the needy Indian citizens.
Facts:

Surrogacy in India is estimated to be a $2.3 billion industry but


surrogate mothers are paid less than a tenth of what they get in US.
Why increase in India?

Cutting edge technology

Trained staff

Availability of rented wombs

Competitive pricing

India hub of medical tourism

Poverty, illiteracy and the lack of power that women have over their
own bodies
Who will be barred as per the new bill?

Couples already having one child.

Foreigners.
Overseas Citizens of India (OCI) card holders.
Live-in-Partners.
Single people.
Homosexuals.
Widows.

Needed:

Transparency

Ethical guidelines

Regulated environment

Enhanced clinical practice


Government's stand:

Will not allow commercial surrogacy that involves exchange of


money for anything apart from paying for medical expenses for the
mother and the child --> Thus only altruistic surrogacy

Prohibit and penalize commercial surrogacy services so as to protect


the dignity of womanhood and to prevent trafficking in human beings
and sale of surrogate child

Only needy infertile Indian couples would be able to opt for


surrogacy of altruistic kind

Exclusion of LGBT, Single men or women, couples in live-in relation,


as well as married couple who are proven to be fertile

Governments stand is based on the ethical standard that a child


should not be a product of transaction and that motherhood should not
be commodified

Insistence on surrogacy and not adoption is seen from the genderrights perspective, as propagating the patriarchal bloodline
Why commercial surrogacy should not be allowed?
It allows anyone with the money to decide to have a child, order one and
have it delivered. In the absence of regularisation, he or she could even
disown the product once it was ready
How such ban proved disastrous in Thailand?
Thailand, a popular destination for fertility tourism, suddenly clamped a
ban on commercial surrogacy earlier this year, after a couple of disasters
exposed the dark side of this industry. However, the result was chaos. A
number of surrogates in various stages of pregnancy were left in limbo.
Intending parents did not know how to collect their babies. Consequently,
the surrogacy industry got pushed underground.

Surrogacy in India has flourished into a 'Commercial Industry and


lead to 'reproductive tourism. Analyse both the positive and
negative impacts this had on India. To what extent, the ART bill
seeks to address the above concerns. (200 Words)
Assisted reproductive technology (ART) where embryo is implanted and
grown in rented womb of surrogate mother is surrogacy
Reasons for commercialization of surrogacy in India:
1.
Lack of regulating frame work
2.
Cheap but confident medical techniques and services
3.
Availability of poor women who are willing to rent their wombs.
Above factors in turn led to "reproductive tourism" into India which has
been a mixed bag of results for India.
Positive effects
1.
Tourism- forex to the government
2.
Surrogate mothers will be benefited as they get some kind of
livelihood.
3.
Problem couples can get children at lower costs.
Problem areas1.
Middle men emerged claiming lot of commissions. Hence the poor
surrogate women are getting low returns. Their rights are being
violated. They are not allowed to meet their husbands throughout the
gestational period.
2.
Sex selective illegal techniques.
3.
Lack of regulation led to questions over citizenship of child.
New ART is legalizing surrogacy. It is mandating medical visa and marriage
stipulation to parents and also an acknowledgement from concerned
national government that allows the couple to undergo this process in
India. It also mandates a notary contract between surrogate mother and
biological parents but problems with regards to right to abortion in case of
emergency and issue of middle men are not dealt effectively.
Government has recently banned foreigners from having children
through surrogate mothers in India. The government expressed
its reluctance to allow commercial surrogacy, while supporting
altruistic surrogacy for married infertile Indian couples. Examine
theeffects of this ban on the people involved in commercial
surrogacy. (200 Words)
Under Assisted reproductive Technology legislation the union government
tried to switch surrogacy from a commercial practice to an altruistic help
to who are genuinely looking for it. Following would be the impacts
POSITIVE IMPACTS

1.

It will protect and promote the dignity of motherhood which has a


very sacrosanct status in Indian ethos and culture.
2.
End the plight of the mother who has forcefully go far repeated
pregnancies and surgeries.
3.
The fate of child disowned by client parents in case of some
discrepancies.
4.
The exploiting middleman who are earning major chunk of money.
5.
To optimize the population which already is very high.
NEGATIVE IMPACTS
1.
Loss of revenue of government via medical tourism.
2.
The source of income from a large section of illiterate women who
could provide a better future to their children.
3.
The practice of illegal/secret surrogacy will increase the cost and
make the women more vulnerable to exploitation by the police and
other government agencies that in turn will increase the corruption and
litigation.
4.
To get pregnant or not should be the discretion of a mother and it
should not be intervened by government in a democracy. It may project
a conservative and anti- liberal image of India.
So nothing wrong in banning the surrogacy while providing a window for
needy ones, on ethical ground but the alternative skills and means of
livelihood should we arranged sincerely .
BANKRUPTCY BILL
Background:
Government had identified Bankruptcy Law Reform as a key priority for
improving the ease of doing business and had announced that a
comprehensive Bankruptcy Code, meeting global standards and providing
necessary judicial capacity, will be brought in fiscal 2015-16.
Accordingly, the Government had constituted the Bankruptcy Law Reform
Committee to look into various Bankruptcy related issues and give its
report along with a draft Bill on the subject to the Government.
Facts:

The World Banks doing business report 2016 pointed out that it
takes more than 4 years to resolve insolvency cases in India, as against
1.5 years in OECD countries.

In summary, it is very difficult to solve insolvency and similarly


difficult to exit from a business.

This is one of the reasons that India is placed at 130 out of 189
countries in the ease of doing business.

Bankruptcy and Insolvency falls in List III i.e. concurrent list.


What is the Bill about?

The proposed Bill aims for a complete renovation of the current insolvency
and bankruptcy system in India, which will help streamline the procedure
of revival of companies facing financial distress.

It aims to improve the ease of doing business and attract more


investment in the country.

The Code will help Indian firms to exit an ailing business while banks
stand to gain as they can recover their dues in time.

The Bill proposes adherence to strict deadlines to decide whether to


liquidate a sick company or not, wherein the decision to liquidate a
company will have to be reached within 180 days.

The Bill proposes the setting up of anInsolvency and Bankruptcy


Board of Indiato regulate insolvency professionals and agencies. It also
proposes the setting up of a fund dubbed the Insolvency and
Bankruptcy Fund of India.
Significance:
As of now, there is no single law that deals with insolvency and
bankruptcy in India. A number of provisions spread across various statutes
have rendered the insolvency and bankruptcy-related process a legal
quagmire significantly hindering the ease of doing business in the country.
The new Bill seeks to consolidate all of this into a single Code.
Insolvency and Bankruptcy Code, 2015 passed:
The code seeks to ensure time-bound settlement of insolvency, faster
turnaround of businesses and create a unified data base of serial
defaulters. Highlights of the Code:

The Code creates time-bound processes for resolution of the


insolvency of companies and individuals.

These processes will be completed within time-bound 180 days. If


insolvency is resolved in stipulated time, the assets of the borrowers
may be sold to repay creditors.

The resolution of the insolvency of processes will be conducted by


licensed insolvency professionals (IPs). These IPs will be members
of insolvency professional agencies (IPAs).

IPAs under insolvency resolution will also furnish performance bonds


equal to the assets of a company.

The Code facilitates establishment of Information utilities (IUs) to


collect, collate and disseminate financial information to facilitate
insolvency resolution.

The insolvency resolution for companies will be adjudicated by


the National Company Law Tribunal (NCLT). The Debt Recovery
Tribunal (DRT) will adjudicate insolvency resolution for individuals.

The Code also gives statutory backing establishment of the


Insolvency and Bankruptcy Board of India to regulate functioning of IPs,
IPAs and IUs.
What are the challenges now?

Time-bound insolvency resolution will require establishment of


several new entities. Also, given the pendency and disposal rate of
DRTs, their current capacity may be inadequate to take up the
additional role.
IPAs, regulated by the Board, will be created for regulating the
functioning of IPs. This approach of having regulated entities further
regulate professionals may be contrary to the current practice of
regulating licensed professionals. Further, requiring a high value of
performance bond may deter the formation of IPAs.
The Code provides an order of priority to distribute assets during
liquidation. It is unclear why: (i) secured creditors will receive their
entire outstanding amount, rather than up to their collateral value, (ii)
unsecured creditors have priority over trade creditors, and (iii)
government dues will be repaid after unsecured creditors.
The Code provides for the creation of multiple IUs. However, it does
not specify that full information about a company will be accessible
through a single query from any IU. This may lead to financial
information being scattered across these IUs.
The Code creates an Insolvency and Bankruptcy Fund. However, it
does not specify the manner in which the Fund will be used.

Crux:
Enacting the IBC will be a great step forward for Indian economic reforms.
But the gains for the economy will come only after an exercise in complex
project management covering eight areas:
1.
Creation of the regulator
2.
Creation of an adequate National Company Law Tribunal
3.
Creation of an adequate Debt Recovery Tribunal
4.
Creation of Information Utilities
5.
Creation of Insolvency Professionals
6.
Drafting a transition process for existing cases
7.
Ensuring interoperability with existing laws
8.
Modifying financial sector regulations
Failure on any of these could mean failure to achieve the objective of the
Codea sound bankruptcy process.

Related notes:

T K Vishwanathan Committee

http://www.gktoday.in/blog/insolvency-and-bankruptcy-code-2015/
Basics:
What is Insolvency?
The term insolvency is used for both individuals and organizations. For
individuals, it is known as bankruptcy and for corporate it is called
corporate insolvency. Both refer to a situation when an individual or

company are not able to pay the debt in present or near future and the
value of assets held by them are less than liability.
What is the difference between insolvency & bankruptcy ?
Insolvency is a situation when the debtor cannot meet its financial
obligations i.e when he cannot pay back the money to lender on time.
Warning signs could be decrease in sales, high dependence on credit,
delay in payments etc. Bankruptcy is a legal declaration of insolvency. In
this, the debtor files an application with the court to declare himself
insolvent or the creditor files an application against the insolvent.
Therefore it is a last stage of insolvency. We note here that while
insolvency is a financial situation and bankruptcy is a legal condition.
Insolvency may or may not lead to bankruptcy.
BENAMI TRANSACTIONS PROHIBITION
Amendment seeks to strengthen Benami Transaction (Prohibition) Act,
1988 by:
1.
Amend the definition of Benami transactions to widen the scope for
legal action
2.
Specify penalties for entering into Benami transactions and
3.
Establish adjudicating authorities and Appellate Tribunal to deal with
Benami transactions
4.
The Bill provides immunity under the Benami Act to those who
declare their benami properties under income declaration scheme
5.
Under the bill, the term property will cover movable, immovable,
tangible and intangible properties. In case of joint ownership of
property, the tax payer will have to show financing sources
Why these amendments are needed?
1.
To effectively prohibit Benami transactions and consequently
prevent circumvention of law through unfair practices
2.
To empowers the Union Government to confiscate Benami property
by following due procedure
3.
The Benami Transactions (Prohibition) Amendment Bill is aimed at
curbing domestic black money.
What is Benami Transaction (Prohibition) Act, 1988 about?

The Act prohibits benami transactions and provides legal provisions


for confiscating benami properties.

It defines a benami transaction as a transaction where a property is


held by or transferred to a person, but has been provided for or paid by
another person.
What is benami property?
The benami (without a name) property refers to property purchased by a
person in the name of some other person. The person on whose name the
property has been purchased is called the benamdar and the property so

purchased is called the benami property. The person who finances the
deal is the real owner.
CENTRAL PORT AUTHORITIES BILL, 2016

It will replace more than the five-decade-old Major Port Trust Act
1963
It will enable port authorities to function like a corporate entity
It is in draft mode

Key proposals in draft:

Reduce the extent of litigation between Public Private Partnership


operators and Ports.

Set up an independent Review Board to carry out the residual


function of the erstwhile Tariff Authority for Major Ports (TAMP) for
major ports and to look into disputes between ports and PPP
concessionaries.

The board will also review stressed PPP projects and suggest
measures to review stressed PPP projects. At present, there is no
independent body to look into these aspects.

The draft bill has also proposed a simplified structure for the board
by bringing it down to nine members. The board will include three to
four independent members instead of the 17-19 under the Port Trust
model.

Provisions have been made for inclusion of three functional heads of


major ports as members in the board apart from a Government
nominee member and a labour nominee member.

The disqualification of the appointment of the Board members, their


duties and provision of the meetings of the Board through video
conferencing etc., have been introduced on the lines of Companies Act,
2013, as has been the concept of internal audit.

The Board of Port Authority has been empowered to raise loans and
issue security for capital expenditure and working capital
requirements.

The need for Government approval for raising loans, appointment of


consultants, execution of contracts and creation of service posts has
been dispensed with.

A distinction has been made between the usage of land for port and
non-port related activities in terms of approval of leases. The Port
Authorities are empowered to lease land for port-related use for up to
40 years and for non-port related use up to 20 years, beyond which the
approval of the Central Government is required.
Critical Appraisal:
1.
Government control prevails instead of a market driven
policy

o
o

o
2.
o
o

Rates at each of the major ports will be decided by the board


of the respective port authorities or a committee formed by the
board based on some tariff policy/guidelines.
The central government, will have the right to frame rules for,
or to issue directions to, every port authority either individually or
collectively in matters related to (among others) fixation and
implementation of rates.
The rates set by a board-appointed panel will have to be
ratified by the board prior to implementation.
Unfair Competition
Another loophole or drawback in the bill is that the port
authorities will also be tasked with setting rates for private
facilities.
This will lead to unfair competition and a lack of a levelplaying field because these ports also run cargo terminals that
compete with private facilities therein.

CHILD LABOUR PROHIBITION AND REGULATION AMENDMENT BILL,2016


Aims to widen the scope of the law against child labour and provide for
stricter punishments for violations of norms.
Major Provisions:

Prohibition of employment of children below 14 years in all


occupations or processes except where child helps his family.

Addition of a new category of persons called adolescent. They are


person between 14 and 18 years of age.

Prohibition of employment of adolescents in hazardous occupations


as specified (mines, hazardous processes and inflammable substance).

Empowers Union Government to add or omit any hazardous


occupation from the list included in the Bill.

It makes child labour a cognisable offense

Punishment for employing any child increased i.e. imprisonment


between 6 months and two years (from earlier 3 months-one year) or a
fine of 20,000 to 50,000 Rupees (from earlier 10,000 to 20,000 Rupees)
or both.

Proposes penalty for employing an adolescent in a hazardous


occupation i.e. imprisonment between 6 months and 2 years or a fine
of 20,000 to 50,000 Rupees or both

Empowers the government to make periodic inspection of places at


which employment of children and adolescents are prohibited.

Government may confer powers on a District Magistrate (DM) to


ensure that the provisions of the law are properly carried out and
implemented.

It has provision for creating a rehabilitation fund.


Criticisms of bill

Ban on hazardous adolescent work is accompanied by changes in


the schedule of hazardous work in the statute, bringing these down
from 83 prohibited activities to only three.
Amended law prohibits only that child work which is considered
hazardous for adult workers, without recognising the specific
vulnerabilities of children.
Law permits under 14 years to now work in non-hazardous family
enterprises after school hours and during vacations.
The family is defined to include not just the childs parents and
siblings, but also siblings of the childs parents. And a family enterprise
includes any work, profession or business in which any family member
works along with other persons.
Considering that around 80 per cent of child labour is in work with
family members, these changes might harm child in a serious way.

CITIZENSHIP AMENDMENT BILL 2016


Provisions of Bills:

The Bill amends the Citizenship Act, 1955 to make illegal migrants
who are Hindus, Sikhs, Buddhists, Jains, Parsis and Christians from
Afghanistan, Bangladesh and Pakistan, eligible for citizenship.

Under the Act, one of the requirements for citizenship by


naturalisation is that the applicant must have resided in India during
the last 12 months, and for 11 of the previous 14 years. The Bill relaxes
this 11 year requirement to six years for persons belonging to the same
six religions and three countries.

The Bill provides that the registration of Overseas Citizen of India


(OCI) cardholders may be cancelled if they violate any law.
Why is it being opposed?

The proposed amendment to the Citizenship Act, 1955, seeks to


grant citizenship to non-Muslim minorities from Muslim majority
countries, namely, Hindus, Sikhs, Buddhists, Jains, Parsis and Christians
from Afghanistan, Bangladesh and Pakistan.

According to activists, this would mean, for instance, that the


sizeable population of Hindu migrants from Bangladesh living in Assam
would become citizens while Muslims who migrated to Assam from East
Bengal a century ago would continue to be harassed as illegal
migrants from Bangladesh. Some term this move as communally
motivated humanitarianism."

The new Bill also violates Article 14 of the constitution, say activists.
Since Article 14 of the Constitution guarantees equality to all persons,
citizens and foreigners, differentiating between people on the grounds
of religion would be in violation of the constitution.

According to the Assam Accord of 1985, illegal migrants who had


entered Assam from Bangladesh after March 25, 1971, were to be
detected and deported. But, the new Bill contradicts the terms of the
Accord

Who is an illegal migrant?


The 1955 Act defines an illegal migrant as a foreigner who enters India
without a valid passport or travel documents or stays beyond the
permitted time.

How does the law treat them?


Illegal migrants may be imprisoned or deported. They and their children
are ineligible for Indian citizenship under the Citizenship Act of 1955.
Legal fallacies of the proposed law:

The proposed law violates Indias long-standing refugee policy.


Although India does not have a codified refugee policy, the basic
tenants of the scheme were listed by Jawaharlal Nehru during the
Tibetan refugee crisis. One of the primary conditions given then was
that refugees would have to return to their homeland once normalcy
prevailed. The proposed law not only provides citizenship rights to such
refugees, but greatly relaxes the procedure to avail of them.

From reducing the registration fees to Rs 100 from Rs 3000 to


delegating the authority from the Union government to district
magistrate for speedy processing of applications, the proposed law
serves citizenship to illegal immigrants on a platter.

The Bill provides wide discretion to the government to cancel OCI


registrations for both major offences like murder, as well as minor
offences like parking in a no-parking zone or jumping a red light
Possible implications of this law:
Notwithstanding the tampering of domestic law with religious markers, the
proposed Bill, if passed, will put our international relations in jeopardy. The
Bill will stamp these countries as institutions of religious oppression and
worsen bilateral ties in an already skewed regional socio-political
atmosphere. The new law will also act as a push to the movement of
Indias citizenship policy on jus soli to the racially manifested jus sanguine
principle, something which was actively avoided by our constitution
makers
CIVIL ASPECTS OF INTERNATIONAL CHILD ABDUCTION BILL 2016
In June, 2016, the Ministry of Women and Child Development (MWCD)
uploaded on its website a proposal to enact a draft of the Civil Aspects of
International Child Abduction Bill, 2016. This was considered as it was
imperative to have an enabling legislation in India before accession to the
Hague Convention
Bill:

The proposed Bill considered the removal to or the retention of a


child in India to be wrongful if it is in breach of rights of custody
attributed to a person, an institution, or any other body, either jointly

or alone, at a place where the child was habitually resident


immediately before the removal or retention.
It further stipulated that the removal to or the retention in India of a
child is to be considered wrongful where at the time of removal or
retention those rights were actually exercised, either jointly or alone,
by a person, an institution or any other body, or would have been so
exercised, but for the removal or retention.
The draft Bill was prepared following a reference made by the
Punjab and Haryana High Court to the Law Commission of India to
consider whether recommendations should be made for enacting a
suitable law and for signing the Hague Convention

Why in news?
21st Law Commission has recommended some changes in the draft:

One-year jail term for wrongful retention or removal of a child from


the custody of a parent. The offenders may include one of the parents
or family, relatives and others.

Three months punishment for wilful misrepresentation or


concealment of fact as regards the location or information about the
child or for voluntarily preventing the safe return of the child
CIVIL LIABILITY FOR NUCLEAR DAMAGE ACT,2016
Recent Facts: (05/02/2016)

India ratifies Convention on Supplementary Compensation for


Nuclear Damage (CSC). The CSC is a convention that allows for
increasing the compensation amount in the event of a nuclear incident
through public funds pooled in by contracting parties based on their
own installed nuclear capacities. It entered into force on April 15,
2015.

The move has been among steps that the U.S. government and
private nuclear suppliers GE and Westinghouse have been demanding
before they conclude any talks on setting up nuclear reactors in India
after they raised concerns over two sections of the Indian law.
What is CSC?
Convention on Supplementary Compensation (CSC) pertains to civil
liability in the event of a nuclear accident in any of the acceding
countries.
What are the concerns?
is CLNDA truly in conformity with the CSC, as Indian officials have
repeatedly claimed, or does it cast a shadow of doubt on supplier liability,
which is a matter of critical importance to U.S. nuclear corporations? The
ambiguity stems from two clauses of CLNDA, Sections 17(b) and 46. Under
Section 17(b), liability for a nuclear accident can be channelled from the
operator, which is the Nuclear Power Corporation of India, to suppliers of
nuclear material, specifically if the accident is due to an act of the supplier
or his employee, which includes supply of equipment or material with

patent or latent defects or sub-standard services. Section 46 permits


victims of a nuclear incident to sue the operator or the supplier for
damages applying tort law, even though such proceedings would be
beyond the scope of CLNDA and its liability cap, and thus exposing
suppliers to unlimited liability. Both clauses are likely to raise suppliers
cost of insurance cover, possibly beyond what is feasible commercially
and within the confines of competitive energy pricing.
How does some of the provisions of the Civil Liability for Nuclear
Damage (CLND) Act of 2010 affect average Indian? Critically
examine.
(200 Words)
The Civil Liability for Nuclear Damage (CLND) act was passed in 2010 with
its focus on setting liabilities on suppliers in case of a nuclear accident.
However it has acted as a bone of contention in moving ahead the IndiaUS
civil
nuclear
agreement
deal
signed
in
2008.
The

CNLD

law

affects

average

Indian

in

following

ways:

1.

The CNLD law capped all the liabilities to 300 million Special
Drawing Rights or Rs 2610 crore. The government will create an
'Nuclear Insurance pool' of Rs 1500 crores of which it will contribute Rs
750 crore. In case of Nuclear damage government will be liable to
additional Rs 1110 crores (1500+1110=2610). Hence in doing all
these, the government will end up spending the Indian taxpayers
money
which
should
be
the
suppliers
liability.

2.

The suppliers will be paying nominal premium to the 'Nuclear


Insurance Pool', hence this cost will be added in the total cost of
building a nuclear plant and thus will finally have to bear by Indian
consumers.

3.

The capped amount of Rs 2610 will not be sufficient in case of a


Nuclear accident as we have seen in the Fukushima nuclear disaster.
The
potential
victims
will
suffer
due
to
this.

4.

The section 17 of CNLD acts specifies that the right to recourse of


an operator is not mandatory but merely an enabling clause. This it will
prohibit operators to sue suppliers. Thus overall it will make victims
more
vulnerable
to
potential
accidents.

5.

Section 46 prevents the Indian victims from moving to a foreign


court. It also prohibits from claiming compensation under other laws.

The CNLD act was primarily designed to protect the victims of any
unfortunate nuclear accident but ended up virtually putting the burden on
average Indian as a taxpayer, energy consumer, and potential victim of
any nuclear accident.

Highlight the important features of the Nuclear Liability Act while


throwing light on grounds on which it was criticized both
domestically and by foreign suppliers. Add a note on the recent
breakthrough in this regard. (200 Words)
India's energy is heavily skewed in favor of conventional fossil fuels. To
diversify our energy sources, India made crucial deals with USA, France
and Russia with regard to supply of nuclear reactor and materials. In 2010,
India enacted Civil Liability for Nuclear Damage Act (CLND) to provide
compensation to victims in case of nuclear accident through no-fault
liability
to
operator.
USA suppliers GE and Westinghouse have made objections to financial
liability stipulated in sections 17(b) and 46 of CLND Act saying that these
clauses are violating the norms of International Convention on
Supplementary Compensation (CSC) for nuclear damage.
Section 17(b) gives operator (NPCIL) right to claim compensation directly
from supplier in case of supplying sub-standard device and faulty nuclear
material with no fault from operator.
Section 46 makes supplier liable for damages under other Indian laws
such
as
Tort
law.
With no cap on liability in terms of time and quantum, suppliers are not
able to get insurance as premium are high and very subjective to assess.
Domestic suppliers are not able to take gigantic risk given the damages
claim, Vendors don't want to be harassed by other Indian tort laws which
can
impose
several
criminal
charges
as
well.
To clear the logjam, Washington and New Delhi agreed on civil nuclear
deal braving all challenges. India agreed to provide insurance pool that
will indemnify American suppliers in case of nuclear damage. This deal will
deepen the ties between strategically allied countries and give India much
needed energy to drive its economy.
COTPA
COTPA,

2003

There are approximately 275 million smokers in India as of 2013, which


according to WHO constitute around 12% of world smokers on 2009.
Tobacco use accounts for nearly half of cancer case in Indian males and
quarter of cancer cases in females. So the move by Ministry of Health and
Family can be considered a right move in a country where this public
health
hazard
is
on
the
rise.

Major

Amendments

proposed

Prohibition on indirect advertisements: The pseudo advertisements


which most of the alcohol and cigarette companies do where they
promote the brand name of their cigarette by non-tobacco product. This
move will have a lasting and immediate effect on tobacco consumption.
This move also falls in the Ambit of WHO Framework Convention on
Tobacco Control (FCTC) which prohibits such brand sharing through
advertisements. This move can be effectively enforced by the
government.
Banning of display of tobacco products at point of sale: In shops
and restaurant (point of sale) the tobacco products are displayed to
promote their consumption. This tactic fuels the impulse of buying on
consumers and is a "key mean" to promote consumption as direct
advertisement is banned. This move can further reduce the consumption
but implementing it would be a challenge as most of the point of sales are
small shops, this is also the reason why sales to below 21 years of age
can't be controlled and why sales of loose bidis and cigarettes can't be
stopped. This move is also in line of recommendations of FCTC.
If the amendment is passed, the government need to come up with an
effective strategy to implement them to make sure that these
amendments don't go on the same path where ban on sale to below 21
years of age and ban on loose bidis and cigarettes went.
Other Amendments
Ministry has proposed scrapping designated smoking areas from hotels,
restaurants and airports; making an exception only for international
airports.
The penalty for smoking in restricted areas has been upped from Rs. 200
to
Rs.
1000.
Anyone found producing tobacco products without the specified warning
will be liable for imprisonment for up to two years for the first offence or
fine up to Rs. 50,000 or both. For the second and subsequent offences the
imprisonment can be up to five years with a fine of up to Rs. 1 lakh.
Selling products without warning will incur a fine of up to Rs. 10,000 or a
jail term of up to one year or both; subsequent offence will draw a fine of
up to Rs. 25,000 and a jail term of two years.
The draft Bill also proposes a ban on spitting of tobacco products, pointing
it out as the biggest cause of spread of TB, avian flu and H1N1.
The draft Bill that seeks to amend the provisions of the Cigarettes
and Other Tobacco Products (Prohibition of Advertisement and
Regulation of Trade and Commerce, Production, Supply and

Distribution) Act, 2003 is a right step towards reducing the


consumption of tobacco products in India. Examine. (200 Words)
Cigarette Packaging issue:

Government and SC wants bigger size of pictorial warning on


cigarette packets. Industry is strongly opposing it.

In Australia, number of smokers have reduced after packages has


gone logo less
Should the government buckle under pressure because Tobacco
farmers get affected:
No:

Smoking kills more than 1 million people a year in India.

The World Health Organisation says tobacco-related diseases cost


the country $16 billion (nearly Rs 1.06 lakh crore) annually.

Recently, theIndian Medical Association too had urgedthe Health


Ministry to implement the bigger pictorial warnings stating that
with275 million adult users, India is the second largest consumer of
tobacco products, globally.
o
Tobacco causes a gamut of serious diseases including cancer,
cardiovascular diseases, chronic pulmonary diseases and stroke
Yes:

Packaging rules drastic and impractical. Law will increase smuggling


ofillegal cigarettes.

More than 8 million workers and their families are affected, and
farmers groups are among those taking out large advertisements in
newspapers criticising the legislation.

The subject of tobacco needs to be handled with great care and


interests of themost vulnerable stakeholders in the delivery chainneed
to be safeguarded.
o
Unfortunately,recent policy focus has been one sidedblindly
aping the recommendations of the Western influence and in
complete disregard for the local reality in India

So far thefarming community has not been able to find any


alternative,as tobacco is grown in semi-arid and non-irrigated lands.
The government has so far not provided practical alternatives before
rushing into any major policy changes.
CONSUMER PROTECTION ACT
27/04/2016
Consumer Protection Bill 2015:
Consumer Protection Bill 2015 seeks to replace the old consumer
protection law and proposes to set up a regulatory authority which will
have powers to recall products and initiate class class suit against
defaulting companies, including e-tailers.

Key Features:

Establishment of an executive agency Central Consumer Protection


Authority (CCPA) which will protect and enforce the rights of
consumers.

The authority will intervene when necessary to prevent consumer


detriment arising from unfair trade practices and to initiate class action
including enforcing recall, refund and return of products.

The bill has provisions for product liability if product/services


causes personal injury, death or property damage and will take action
against defaulting manufacturers or service providers.

For speedy disposal of court cases, the bill proposes mediation as


an alternative dispute resolution mechanism. The mediation will be
under the aegis of consumer courts.

The bill also has a provision for setting up of a circuit bench to


facilitate quicker disposal of complaints and there is an enabling
provisions for consumers to file complaints electronically and file
complaints in consumer courts that have jurisdiction over the place of
residence of the complainant.
Should celebrities be held responsible for endorsements?
A parliamentary panel has suggested legal teeth to makecelebrities
accountable for misleading advertisements. The panel has suggested
legal teeth to the Advertising Standards Council of India (ASCI) to curb
misleading ads, besides proposing severe penalties, jail and cancellation
of licence of those involved in food adulteration. (Recent example: Dhoni
endorsement of Amrapali group and subsequent social media backlash)
Background:
The CPA, 1986 was enacted considering the large number of consumers in
India who are illiterate and are susceptible to exploitation by unscrupulous
businesses. Hence, a major objective of this Act was to make consumers
aware of the various quality-control measures (e.g. Hallmark, BIS-mark
etc.) being employed for the products and the rights available to them to
seek
Redressal
against
unfair
practices.
Although, the impacts have been largely positive as is visible in the
increased consumer awareness and adherence of businesses to the
quality-control standards, there have been certain issues as well. The
movement has left many rural regions untouched. Also, the slow progress
of addressing the cases has resulted in large-scale pendency.
Provisions for addressing new-age cases such as e-commerce are also
non-existent. The recent amendments proposed to the CPA, 1986 are
largely progressive in the sense that it seeks to decrease the time
required to seek Redressal by including provisions for online filling of
complaints and setting a time limit of 21 days for scrutiny of cases before
admission, effectively leveraging the District Forums by increasing their
pecuniary jurisdiction from Rs.20 to Rs.50 lakh, and increasing the

penalties to
The

10

proposed

times

the

amendments

cost
have

of
the

goods
following

provided.
lacunae

1.

The proposed digitalization cannot be implemented without giving


appropriate equipment's, training and manpower. This has been
neglected and without infrastructural support, such positions are likely
to
exist
for
namesake
only.

2.

The flexibility of clubbing district forums is challengeable as the


existing forums often don't suffice for the huge number of cases that
are brought to it. Often these forums are located in inaccessible
places and
deny
ease
of
justice.

3.

Government has empowered the state government for the selection


process, without realizing that the main problem in non-filling of seats
is lack of remuneration for the job. This process is likely to merely shift
buck and not solve the problem by incentivizing the existing three
tiered
structure
created.

4.

The increasing of age and experience requirements (45 years and


40 years respectively) is likely to cripple the organisation facing
manpower crises. Further, it is unlikely that senior judges would like to
have
this
job
instead
of
the
regular
courts.

5.

The laggard of cases has been built up due to unnecessary


involvement of lawyers and legal restrictions. Instead of solving that,
centre
has proposed
a
monitoring
mechanism. This
may
overcomplicate the chaos by setting mandatory requirements of filing
documents.

6.

The state and national commissions have been given a discretionary


power to select experts on case to case basis. This may lead to
discrimination to those lacking in proper knowledge for utilization of
the said facility and if the provision isn't implemented in a proper
manner, then delaying of justice and corruption

However, certain issues such as the appointment of mediators to settle


disputes are contentious as this would lead to arm-twisting of the weaker
parties and may encourage corruption. Also, the setting up of a Consumer
Authority and absence of provisions to streamline the conducting of cases
in courts may only lead to greater regulations and complexities.
Addressing these issues is necessary to ensure that the new amendments
bring about definitive improvements in the CPA.
To what extent has the Consumer protection act succeeded in
achieving its intended objective? Critically analyze the recently
proposed amendments to strengthen the act. (200 Words)

Proposed amendments to the Consumer Protection Act will


further erode consumers rights instead of addressing existing
lacunae. Critically analyse the amendments to the bill. (200
Words)
COMPETITION ACT 2002
18/04/2016
Evolution of laws regarding unfair trade practices:

To regulate advertising, in 1984, Parliament inserted a chapter on


unfair trade practices in theMonopolies and Restrictive Trade
Practices Act, 1969 (MRTP)

Under the MRTP Act, any person or trader (business entity) could
approach the MRTP Commission against an unfair trade practice

TheConsumer Protection Act (CPA)was enacted two years later


and it intended to give protection to consumers against unfair trade
practices, but the remedy under the CPA has remained dormant

So, following changes worldwide, need was felt for a comprehensive


law against monopolies and anti-competition business activities

On the recommendations of a committee, theCompetition Act,


2002was enacted and it repealed the MRTP Act, 1969. And it excluded
unfair trade practices from the draft bill as it did not want to dilute the
thrust of the law from anti-competition activities
Need of a new separate law:

In case of CPA, only a consumer can approach a consumer forum for


a remedy

A company is not a consumer and thus cannot approach a consumer


forum complaining of unfair trade practices

A business entity must be provided protection against unfair trade


practices and a mechanism to claim remedies

As law has evolved, the subject of unfair trade practices has fallen in
the gap between the competition law and consumer protection

A separate legislation and a statutory body like the Competition


Commission are imperative to foster fair trade practices in the
economy
COMMUNAL VIOLENCE BILL
Salient features of Communal violence bill: (Introduced in 2005, not
passed
yet).
1.

Declaration of communally disturbed areas by states and if states


fail to do it, then center will also have the power (So center's
interference in state areas like law and order and police).
2.
Fixing accountability of civil authorities and provision of punishment
if they fail to analyse, tackle communal violence.

3.

Establish Unified Command (Civil +Armed forces) in highly disturbed


areas. However depute Armed forces only on state's request.
4.
Relief and rehabilitation of victims, create separate fund for their
welfare.
5.
Shunting away trouble making elements from disturbed area. All
such power will be vested in DM. So it will be parallel law along with
IPC, CrPC.
6.
Special
courts
for
speedy
trial.
Prospects- Will be good for clamping and reducing religion related
violence. Further speedy courts will ensure speedy justice.
Criticism
1.
2.

Centre state Relations: Law and order is state subject.


Redundancies: Already IPC, CrPC deals with many of the provision
incorporated in the bill.

Suggestions:
1.
2.

Amend IPC/CrPC instead of new law.


Deal effectively with trouble makers, who propagate hate
propaganda. (Political vision is needed for it).
3.
Pre-assess the tense atmosphere to prevent large scale conflict.
The Communal violence bill makes the local administration
accountable for prevention and control of communal riots.
Critically analyse the bill and also give suggestions to prevent
communal riots in the country. (200 Words)
COMPANIES BILL
16/04/2016
Companies(Amendment) Bill, 2016 is proposed in Companies Act, 2013.

It allows for the independent directors to have transaction with


companies in which they are independent directors upto 10% of their
income

seeks to simplify private placement process,

remove restrictions on layers of subsidiaries and investment


companies,

amend CSR (Corporate Social Responsibility) provisions to bring


greater clarity and

exempt certain class of foreign entities from the compliance regime


under this law
The proposed changes are broadly aimed at addressing difficulties in
implementation owing to stringency of compliance requirements

Who is an independent director?


An Independent director (also sometimes known as an outside director) is
a director (member) of a board of directors who does not have a material
or pecuniary(money related) relationship with company or related
persons, except sitting fees. Independent Directors do not own shares in
the company
How new provision can be misused?

Self dealing merchants will now have legitimacy

The above limit of 10% for transactions in the hands of independent


directors can be altered by executive action through prescribing an
altered limit. Vested interests can achieve a higher limit by influencing
the executive. This would certainly further weaken independence on
corporate boards

Interests of different parties could influence the executives of the


company to alter the limit
Impact:

Poor corporate governance exist in our companies today, this would


add to more corruption

It would further weaken the corporate boards


Way Ahead:
While many of the other proposals in the Companies Bill, 2016 are
correctional in nature and are quite welcome, the amendments proposed
in respect of independent directors are hard to justify. A law which
undermines independence of directors, even if justified for pragmatic
reasons, should not be espoused.
The law has been rightly referred to the Parliamentary Standing
Committee before it is considered by the Parliament
COMPENSATORY AFFORESTATION BILL 2016
The bill provides for establishment of funds under the public accounts of
the Centre and State levels for compensatory afforestation
Provisions of bill:

Establishes National Compensatory Afforestation Fund (NCAF) under


the Public Account of India, and a State Compensatory Afforestation
Fund under the Public Account of each state.

The payments into the funds include compensatory afforestation,


net present value of forest (NPV), and any project specific payments.

The NCAF will get 10% of funds collected and the remaining 90% will
go to respective State Fund.

The collected funds will be utilised for afforestation, regeneration of


forest ecosystem, wild life protection and forest related infrastructure
development.
Establishes National and State Compensatory Afforestation Fund
Management and Planning Authorities to manage the funds.
The determination of NPV will be delegated to an expert committee
constituted by the central government.

What is Net Present Value of forest?


It is the value of diverted forest which is calculated and recovered from
the user agency for diverting forests. It is calculated for 50 years period.
Basically an expert committee calculates the NPV for every patch of the
forest.
Also Read CAMPA
EMPLOYEES COMPENSATION (AMENDMENT) BILL ,2016
The Bill seeks to amend the Employees Compensation Act, 1923. This law
provides for payment of compensation to employees and their dependents
in the case of injury by industrial accidents, including occupational
diseases.
Key provisions:

Duty to inform employee of right to compensation: Mandatory


for employer to inform the employee of his right to compensation
under the parent Act. Such information must be given in writing in
Hindi, English, or the relevant official language at the time of
employing him.

Penalty for failure to inform: If employer fails to inform his


employee of his right to compensation he will be fined penalty between
Rs. 50, 000 to Rs. 1 lakh.

Appeals from the Commissioners order: Any dispute related to


an employees compensation will be heard by a Commissioner (with
powers of a civil court) only if the amount in dispute is ten thousand
rupees. It allows Union Government to further raise this amount. In
parent Act, appeals related to a substantial question of law from the
Commissioners order will lie before the High Court.

Deletion
of
withholding
payments
pending
appeal
provision: Earlier in the parent Act, any payments towards the
employee can be temporarily withheld if an employer has appealed
against a Commissioners order in High Court. This provision has been
deleted.
EUTHANASIA
What is euthanasia?

Euthanasia is a medical term meaning easy death. It is the act of


deliberate or voluntary end of someones life to prevent any further
suffering or pain to the person.
Active and Passive euthanasia:

Active euthanasia involves a doctor injecting a lethal medicine to


trigger a patients cardiac arrest.

In passive euthanasia, doctors, with the consent of relatives,


withdraw the life support system of a person being kept alive with the
help of machines.
Should Euthanasia be legal?
Arguments For Euthanasia:

It provides a way to relieve extreme pain.

It provides a way of relief when a persons quality of life is low.

Frees up medical funds to help other people.

It is another case of freedom of choice.


Arguments Against Euthanasia:

Euthanasia devalues human life.

Euthanasia can become a means of health care cost containment.

Physicians and other medical care people should not be involved in


directly causing death.

There is a slippery slope effect that has occurred where


euthanasia has been first been legalized for only the terminally ill and
later laws are changed to allow it for other people or to be done nonvoluntarily.
Supreme Courts views on this matter:
Previously in 2011, in Aruna Shanbaug case the Court had ruled in favour
of passive euthanasia and the law ministry had opined that the SCs
directions should be followed.

In its landmark 2011 verdict that was notable for its progressive,
humane and sensitive treatment of the complex interplay of individual
dignity and social ethics, the Supreme Court laid down a broad legal
framework.

It ruled out any backing for active euthanasia, or the taking of a


specific step such as injecting the patient with a lethal substance, to
put an end to a patients suffering, as that would be clearly illegal.

It allowed passive euthanasia, or the withdrawal of life support,


subject to safeguards and fair procedure.

It made it mandatory that every instance should get the approval of


a High Court Bench, based on consultation with a panel of medical
experts.
Related Question:
Highlighting the Supreme Court of India's view, critically comment on the
ethical aspects of administering euthanasia to a person or person's

nearest

relative

or

friend

seeking

it.

(200

Words)

Related Notes:

The Medical Treatment of Terminally Ill Patients (Protection


of Patients and Medical Practitioners) Bill

Euthanasia
FACTORIES ACT
18/04/2016
The Factories Act is a legislation that deals with safety, health and welfare
of workers. The present Factories Act is applicable on factories (with
electricity connection) with 20 workers and factories, without electricity,
with 10 workers.
The government had introduced Factories (Amendment) Bill 2014 in Lok
Sabha in August 2014. However, it did not come up for discussion as it
was referred to a standing committee which presented its report in
December 2014.
Objective of amendments:

Ease of doing business

Removing redundant provisions and incorporating new provisions in


line with current conditions of factories and technology.

To do away with the inspector raj.'


What are the amendments proposed?

The proposed law will apply to all factories that employ at least 40
workers

Registration of factories will also be made online and entrepreneurs


will only have to submit a self-certified declaration on the safety, health
and welfare standards of the factory to get approvals for setting up a
factory

Apart from speeding up registration and compliance processes to


help new entrepreneurs and start-ups, the proposed new Factories Act
seeks to do away with the inspector raj.

To increase the level of competency of the inspectors, the labour


ministry has proposed that only those with a minimum B.Tech degree
can become inspectors and they can enter factory premises after
specific written directions of the Chief Inspector.

However, the inspection could take place without prior consent if


there is a complaint from any worker or for carrying out investigation
into a reported accident. This has been proposed to remove the
arbitrariness in inspection.

However, existing inspectors with five years of experience or more,


and a degree or diploma on industrial safety will continue to be eligible
to inspect a factory.

All factories that manufactures or deals with hazardous substance


and processes and dangerous operations will be covered under this Act
even if they employ a single worker. The sectors that manufacture
hazardous processes include coal, gas, iron and steel, petroleum,
cement and leather.
For setting up factories with hazardous activities, the site appraisal
committee a body with representatives from environment,
meteorological, town planning departments will have to convene a
meeting within 15 days of receiving an application.
The committee will have to compulsorily send its recommendations
within the next 30 days to the state government, from 90 days at
present.
The proposed law will apply to all factories that employ at least 40
workers.

Why there are demand for amendments?


Demand for revamping Factories Act, 1948 stems from the following
arguments1.
The legislation explicitly bars women from certain occupations like
working "near or machinery in motion" and hence perpetuates gender
inequality
2.
Act stipulates Sunday as the weekly holiday and thus leads to
situation where all factories work on the same days i.e. Monday to
Saturday. In this situation, there is great demand for power. If authority
is given to factory owner to decide their day of holiday, it can ease
down the demands on certain days
3.
The provision of providing cool drinking water applies to factories
that employ more than 250 workers and hence factories with lesser
workers do not enjoy such benefits
4.
The law uses British systems of units i.e. horsepower instead of
India's metric system that use Kilo Watthours and hence creates
confusion
5.
Currently, the law requires entrepreneurs to inform authorities about
the total rated horsepower installed before they can commence
operations- a not so business friendly practice
6.
Present law requires an employee to work for 240 days before he
becomes eligible for leave with pay and hence the act is not employee
friendly
Why Trade Unions are opposed to them?

According to them, these moves would allow more factories to stay


out of the ambit of the Factories Act as factories with less than 40
workers will be out of purview of this Act
FOREST RIGHTS ACT
Basics about Forest Rights Act (FRA):

The legislation was passed in December 2006

It concerns the rights of forest-dwelling communities to land and


other resources, denied to them over decades as a result of the
continuance of colonial forest laws in India.
The Act grants legal recognition to the rights of traditional forest
dwelling communities, partially correcting the injustice caused by the
forest laws.

Rights under the Act:

Title rights i.e. ownership to land that is being farmed by tribals or


forest dwellers subject to a maximum of 4 hectares; ownership is only
for land that is actually being cultivated by the concerned family,
meaning that no new lands are granted.

Use rights to minor forest produce (also including ownership), to


grazing areas, to pastoralist routes, etc.

Relief and development rights to rehabilitation in case of illegal


eviction or forced displacement; and to basic amenities, subject to
restrictions for forest protection.

Forest management rights to protect forests and wildlife.

Eligibility:
Eligibility to get rights under the Act is confined to those who primarily
reside in forests and who depend on forests and forest land for a
livelihood. Further, either the claimant must be a member of the
Scheduled Tribes scheduled in that area or must have been residing in the
forest for 75 years.

Process of recognition of rights:


The Act provides that the gram sabha, or village assembly, will initially
pass a resolution recommending whose rights to which resources should
be recognised. This resolution is then screened and approved at the level
of the sub-division (or taluka) and subsequently at the district level. The
screening committees consist of three government officials (Forest,
Revenue and Tribal Welfare departments) and three elected members of
the local body at that level. These committees also hear appeals.
It has been studied that Forests Rights Act have not been fully
implemented due to various factors. Critically examine these
factors and suggest what needs to be done. (200 Words)
The Forest Rights Act has tried to undo the historic injustice done to the
forest dweller and tribals. It recognizes the customary right of tribal over
the forest land. But this Progressive legislation is also suffering from
implementation deficit.
The reasons for non-implementation or slow implementation are:
1.
State government, due to lack of political will,
deliberately delayed the notification of rules and regulation.

have

2.

The forest bureaucracy's non-responsive attitude. They have vested


interest in non-implementation and they don't want to lose their hold.
3.
The process of reorganization of rights is intensive involving
documentation by gram sabha, their subsequent approval by higher
authorities.
4.
The absence of documentary proof and lack of reliable data (maps,
ownership records, residence proofs etc.) further complicated the
process of recognition of customary ownership rights.
5.
While Individual rights have been recognized in many places, but
process of granting community ownership rights is very slow. This
defeats the whole purpose of act.
To ensure the effective implementation of FRA, following steps should be
taken:
1.
Central government should set clear targets and their attainment
should be incentivised by fiscal incentives.
2.
The up gradation of technology including digitalized mapping, GIS to
map area ( in decision making process as well as in monitoring) etc.
can speed up the process.
3.
Capacity building of Gram Sabha with necessary technical help
should be provided by Central government or Civil Society
organizations.
4.
Reform in Forest Bureaucracy to make them responsive and
breaking the contractor forest official nexus is required. Use of ICT in
decision making to make process transparent is required.
5.
Granting of community Ownership should be prioritized by notifying
guidelines on same.
Political will combined with responsive and empathetic approach to
implementation can ensure effective implementation of FRA
Gram Sabha mandated by the landmark Forest Rights Act, 2006
(FRA), are crucial in implementing FRA act and in preserving
forests and livelihood of people living there. Discuss their
significance and the challenges they are facing in different parts
of India in their functioning. (200 Words)
Significance of Gram Sabha (GS) mandated by FRA-2006 as crucial
implementing machinery :
1.
Accountability : GS consisting of Adivasis & Forest dwellers makes
conservation of forest more accountable.
2.
Democratic : FRA's rights recognition method reflect the democratic
way where GS is central.
3.
Mutual Trust & Coordination : GS is vital in maintaining the mutual
trust & coordination between local communities & Forest Officers.
4.
Decision Making : GS paves way for local communities to have say
in projects carried out in their region.
5.
Project Sustainability : GS ensures local communities & resources to
participate in project implementation which ensures its sustainability.

6.

Empowerment of Local People : GS helps Local people to be more


aware & informed about various projects. Better informed & more
aware people are more likely to benefit from the projects.

# Challenges that GSs are facing in their functioning :


1.
Bypassing GS : GS are illegally being bypassed by the Joint Forest
Management Commitees (JFMCs) & Forest Department.
2.
Forged Clearance : If not being able to bypass, their role is
eliminated through forged clearances.
3.
GPs instead of GSs : There are instances where Gram Panchayats
(GPs) are deliberately called instead of GS, ignoring the more
democratic process.
4.
Contrary Forest Legislations : Some states have also passed
controversial forest legislation to subvert the FRA's primacy given to
GS. Ex : Madhya Pradesh.
5.
Illegal Central Government Programmes : such as Joint Forest
Management & Afforestation programme where most of the plantation
is being done on local people's land & such programmes violate FRA &
ignore GS's role.
All above problems being faced by GS highlights lack of political will to
implement FRA in true spirits. This can only be corrected if our leadership
recognises FRA & Local People not as roadblock but a facilitator to
sustainable development.
GEOSPATIAL INFORMATION REGULATION

Bill aims to regularize critical information on Maps services that


affect the security, sovereignty and integrity of the country
It will be mandatory to take permission from a government authority
before acquiring, disseminating, publishing or distributing any
geospatial information of India
Bill will ensure that online platforms like Google will have to apply
for a licence to run Google Maps or Google Earth in India
Also, no person shall depict, disseminate, publish or distribute any
wrong or false topographic information of India including international
boundaries through internet platforms or online services or in any
electronic or physical form
Wrong depiction of the map of India could land the violators in jail
with a maximum term of seven years and fine up to Rs. 100 crore

What are positives of this Bill?

There can be no debate that the countrys territorial integrity needs


to be maintained, physically and in the digital world, and therefore, a
stringent law against violators seems imperative.

Geospatial information easily available from services like Google


Earth, Google Maps etc,has been reportedly used by terror groups
against India for ex. Mumbai terror attack

Wrong depiction of the map of India could land the violators in jail
with a maximum term of seven years and fine upto Rs 100 crore.This
measure has been envisaged by the government against the backdrop
of instances where certain social networking sites showed Jammu and
Kashmir and Arunachal Pradesh as part of Pakistan and China
respectively
The proposed law applies not just to primary data providers such as
Google and Apple, but to down-the-line service providers like Cab
aggregators such as Uber and Ola, restaurant aggregators and lastmile delivery services like Swiggy, or even real estate information
service providers like MagicBricks, 99 Acres, etc, all of whom draw
upon geospatial data and images to offer efficient services to their end
user.This law will make them accountable.
The government is proposing to set up a regulatory body that will
comprise of digitally aware senior bureaucrats along with subject
matter experts who will oversee the digital space for violations.
Hopefully,this body will successfully fulfill its responsibility while
ensuring a level-playing ground for all.

Why this is a not so good move?

The proposed bill brings back licence raj. For each map of India or its
regions created by any company will have to be vetted by a
committee. There will a fee that will have to be paid and the licence
will have to be sought.

The proposed bill makes every person associated with the


business offering map service an accessory to a crime in case of any
violation, intended or unintended.

The proposed bill effectively ends crowd-sourcing. This means when


you see your area in Google Maps and want to fix a mistake, you wont
be able to do that. The proposed bill also affects the real-time
gathering of geo data. This too will make the map services almost
useless.

Companies such as Google, Microsoft and Apple, which have millions


of Indians using their maps, would be hit directly by the legislation if it
is pushed through. Firms that depend on these maps to provide their
services, such as Uber, Zomato and Ola, too would be affected.

The security vetting authority removes sensitive zones from the


data and takes about two-three months or even more to respond,
which is an unrealistic timeline for people working with digital data.
There is also apprehension that the Bill will undermine rescue and
humanitarian efforts, such as during disasters like the Nepal
earthquake.

Also of concern is the lack of courts jurisdiction in matters related to


the proposed legislation.

Its not just app developers that will require a license. As per the
current draft, every end user of these apps who does things like shares
their location with a friend, posts a status update, or uploads a photo

with meta-data, is effectively creating mapping information and will


have to get one too.
Its also likely to do little to stop terrorist attacks. Since the rules in
the bill only apply within India and to Indians outside the country, it
wont restrict foreign military forces and terrorists beyond Indias
borders from sourcing map data from elsewhere.
What is worrisome is that it provides for stringent punishment
ranging from a fine of up to 100 crore rupees to a 7-year jail term, for
as much as publishing a wrong map of India. Since the print, electronic
and digital media use a lot of easily available data, the new regulations
could spell doom for the industry as it would push up the costs of
acquiring such basic information and also make media liable for heavy
fines and imprisonment in case of even an oversight.
The new law also conflicts with the provisions of the Information
Technology (IT) Act 2000, because both it and the earlier IT Act deal
with not just physical but also digital data. Furthermore, the IT Act is a
special law and states that in case of conflict between it and any other
law, then it will prevail. However, the draft geospatial bill has also been
given special status under Section 33, stating that its provisions will
have effect over inconsistencies in other laws. In other words, the
interplay between the new law and the IT Act has not been properly
worked out.
The success of Digital India lies in more service operators coming
out with wider range of services and greater number of users accessing
these services.If the proposed Bill acts as a deterrent to the spread of
similar services,then it will end up as a case of the government
meaning well but ending up shooting itself in the foot.
We don't have the manpower(experts) to man regulator body.
Huge computational capacity would be require to analyse all the
data.

What can be done?

An alternative modality that can serve national security purposes


would involve switching to a simple registration-based system that
doesnt make the acquisition of a licence a precondition to using data.
However, such a registration-based system is also fraught with danger
in a framework that insists on scrutinising the credentials of every end
user.

A clear distinction must be made between the producers and


consumers of geospatial data. In order to not constrict the innovation
ecosystem, the definition of consumers must be as wide as possible.

It may be okay to require all publishers of geospatial data to register


with the security-vetting authority and provide an online window
through which the authority can conduct an audit of their data. The
vetting authority can go through the data and raise an objection if it
finds anything objectionable, and it can do this in its own time. In the

meantime the data can be used by end users and updated by the
publisher as required.
HIV AND AIDS (PREVENTION AND CONTROL) BILL,2014
The Bill seeks to safeguard the rights of people living affected by HIV. It
seeks to prevent social stigma and discrimination against people living
with HIV (PLHIV).
It also seeks to strengthen legal accountability and establish formal
mechanisms for inquiring into complaints and redressing grievances to
probe discrimination complaints against those who discriminate against
PLHIV.
Facts:

There are approximately 21 lakh persons estimated to be living with


HIV in India.

The prevalence of HIV is decreasing over the last decade but


percentage of PLHIV receiving Anti-Retroviral therapy (ART) treatment
are merely 28.82% against global percentage of 41%
Key Features of Bill

Prevent and control the spread of HIV and AIDS.

It prohibits discrimination against persons with HIV and AIDS.

No person will be compelled to disclose his HIV status except with


his informed consent, and if required by a court order

Establishments keeping records of information of PLHIV must adopt


data protection measures.

Obligations on establishments to safeguard rights of persons living


with HIV and create mechanisms for redressing complaints.

Lists various grounds on which discrimination against HIV-positive


persons and those living with them is prohibited.

These include the denial, discontinuation, termination or unfair


treatment with regard to employment, educational establishments,
health care services, renting property etc.

Prohibits, requirement for HIV testing as a pre-requisite for obtaining


employment or accessing health care or education.

Prohibits any individual from publishing information or advocating


feelings of hatred against HIV positive persons and PLHIV.
Importance of Bill
The Bill would provide essential support to National AIDS Control
Programme in arresting new spread of HIV infections and thereby
achieving the target of Ending the epidemic by 2030 to meet goal
Sustainable Development Goals
What is missing in the Bill?
The Bill brings a rights-based approach to AIDS treatment, making it
imperative for both the central and state governments to provide

treatment as far as possible. Though the Bill lays down that treatment is
the right of the patient, it stops short of making it a legal right and
therefore, a patient who is denied ART treatment cannot ordinarily drag
any government to court.
INDIAN MEDICAL COUNCIL AMENDMENT BILL,2016
To conduct of uniform entrance examination for admission to all medical
educational institutions.
Key provisions:

Introduction of a uniform entrance examination for all medical


educational institutions.

It will be applicable for admission at the undergraduate and the


post-graduate level

If states have not opted for the uniform entrance examination, then
the examination will not be applicable at the undergraduate level for
the academic year 2016-17

This provision will be applicable to state government seats in


government and private medical institutions

Empowers MCI to frame regulations for


o
the manner of conducting the exams,
o
the authority designated to conduct exams and
o
Specify languages other than English and Hindi in which the
entrance examinations will be conducted
Analysis:

With passage of the bills, admission to medical and dental courses


across the country will be done through a single common entrance test
i.e. NEET from academic year 2017-18.

The NEET has been designed to curb corruption by bringing in


transparency, checking multiplicity of exams and to stop exploitation of
students in counselling

However it said that this new system will affect rural students as
there is no uniform educational syllabus across the country
INSURANCE BILL
Insurance

Bill

The Insurance sector Bill was pending for quite some time and has now
been passed by both the houses. This bill have some positive aspects and
is considered as a major economic reform in the country due to following
reasons:
1.

Capital Pull: The sector will see an FDI increase from 26% to 49%,
the industry was suffering from capital crunch for quite some time. The
reform will not only infuse much needed capital but also help the
domestic players sell stakes to foreign partners.

2.

Infrastructure funding: The capital in the insurance sector have


in general a long gestation period, this capital can be used to fund the
infrastructure need of the country.
3.
Insurance coverage: The present insurance coverage is just 3%,
the bill would help in extending it further and as predict by the select
committee, it is expected to be around 3% in the next 5 years.
4.
IRDA power: IRDA will get further power to impose penalty on the
wrong doers.
5.
JV and New entrants: New Joint ventures will come up and New
entrants
are
also
expected
to
join
the
sector.
However, it has certain problems which can create challenge for the
economy and the
public
as
well
1.

Settlement Ratio and Lapse Ratio: The settlement ratio of


private players is very low compared to that of LIC which makes
the private player products vulnerable for the people. Similarly, their
lapse ratio is higher compared to that of LIC.
2.
Institutional Investors: This is also allowed under the bill; it's a
hot money and can put investors as well as economy at risk.
3.
LIC employees: The employees of LIC have already protested
against the bill and are highly unsecure about their future.
Thus, Insurance bill is in line with the need of the time, i.e., liberalization
and would help infuse capital in the sector and economy but Government
should ensure the existing players and public at large should not become
victim of private players ambitions.
Performance

since

Passage

of

Bill:

Bill passed in March 2015: Even after 6 months not a single foreign
reinsurer has entered India and not a single foreign insurance giant has
hiked stake in an Indian entity from 26% to 49%.
The changes in law require corresponding operative changes in
regulations. Though Six months have passed since the law was amended,
regulatory changes to implement the changes in law has not been
notified.
No formal proposal yet received by any foreign player to increase
investment from 26 to 49%.
Critically examine why the insurance Bill, 2015, which was passed
by the Parliament in 2015, is considered as part of major
economic reforms in the country. (200 Words)
LOKPAL AND LOKAYUKTA (AMENDMENT) BILL,2016

The bill seeks to amend the Lokpal and Lokayukta Act, 2013 which
provides Lokpal (at Centre) and Lokayukta (at States) statutory backing to
inquire into allegations of corruption against certain public functionaries
and for related matters
Key Provisions:

Enable the leader of the single largest opposition party in the Lok
Sabha in the absence of a recognised Leader of Opposition to be a
member of the selection committee that would select the ombudsman.

Amends section 44 of parent Act that deals with provision of


furnishing of details of assets and liabilities of public servants within 30
days of joining the government service. The amendment has removed
the period of 30 days. Now the public servants will make declaration of
their assets and liabilities in the form and manner as prescribed by
government.

Gives more time to public servants and trustees and board


members of Non-Governmental Organisations (NGOs) to declare their
assets and those of their spouses.
Points to ponder on which question can be framed:

Will these changes make institution of Lokpal\Lokpal toothless?

Will public servant declare their assets at all?

What was the need to remove the timelimit?

Is it an attempt to kill these institutions?


MENTAL HEALTH CARE BILL
Aims to provide better healthcare for people suffering from mental illness
and also to decriminalise suicide.
Key provisions:

The Bill provides every person right to access mental health care
and treatment from services run or funded by the government.

Mental patients also have right to equality of treatment, protection


from inhuman and degrading treatment, access to their medical
records free legal services etc.

The Bill focuses on community based treatment and special


provisions for women.

In case of person who attempts to commit suicide, he shall be


presumed to be suffering from mental illness at the time of attempting
suicide unless proved otherwise.

Such person shall not be liable to punishment under section 309


(attempt to commit suicide) of Indian Penal Code (IPC).

It also provides for establishment of Central and State Mental


Health Authority.

It also establishes Mental Health Review Commission and


Board (MHRCB) as a quasi-judicial body.

MINES AND MINERALS (AMENDMENT) BILL


Parliament has passed Mines and Minerals (Development and Regulation)
Amendment Bill, 2016. The Bill amends the Mines and Minerals
(Development and Regulation) Act, 1957. The amendment Bill was first
passed in the Lok Sabha in March 2016 and later in the Rajya Sabha in
May 2016.
Key provisions :
1.
Transfer of mining leases: The Bill provides for, transfer of mining
leases, which have been granted through procedures other than
auction and where minerals are used for captive purpose. This
provision will allow for merger and acquisition of companies with
captive mining leases.
2.
Leased area: The bill also adds the definition of leased area as the
area within which mining operations can be undertaken. This will also
include the non-mineralised area required and approved for the
activities defined under Mines Act 1952.
Mines and Minerals (Development and Regulation) Act, 1957: It
regulates the mining sector in India. It also specifies the requirement for
obtaining and granting leases for mining operations.
NATIONAL WATER FRAMEWORK BILL
Objective:

It aims to decentralise water management and give more power to


panchayats and gram sabhas to decide how water can be better used.

To provide uniform national legal framework to manage water in a


better and efficient way
Key Provisions:

Every person has a right to sufficient quantity of safe water for life
within easy reach of the household regardless of his/her socioeconomic factors.

All basin states have equitable rights over the use of river water
provided such use does not violate the right to water for life of any
person in the river basin.

States must recognise the principle that the rivers are public
trustees and not owned by the basin-States.

All the basin States are equal in rights and status, and there is no
hierarchy of rights among them.

Here equality of rights means not equal but equitable shares in river
waters.

Managing water at river basin-level and right measurement of


States contribution to river system to in order to resolve conflicts.

Establishing River Basin Authority (RBA) for each inter-State basin to


ensure optimum and sustainable development of rivers and valleys.

Establishing institutional arrangements to deal with inter-state water


disputes in order to obviate disputes through negotiations, mediation
or conciliation.
Proposes other mechanisms such as National water quality and
footprint standards, Integrated river basin development and
management plan and Graded pricing system

Why needed?
The water shortage problem is escalating and country has witnessed
acute drought situation in certain parts. In future, such situations may
increase in backdrop of climate change. Besides, presently in absence of
institutional arrangement there are inter-state water disputes because
states do not their contributions to a rivers catchment area to resolve
conflicts.

MATERNITY BENEFITS (AMENDMENTS) BILL,2016


The bill aims to benefit about 1.8 million women in the organised sector
and increase the strength of the working women force in the country.
Provisions:

The Bill aims at increasing womens participation in the workforce

The provisions of bill apply to every establishment employing ten or


more persons and include mines and factories.

No employer can remove any woman employee on the ground of


pregnancy

It is a mandatory for every establishment having 50 or more


employees to have a creche

There is also a provision in the bill to provide 12 weeks maternity


benefit to a commissioning mother and adopting mother (adopting a
new born aged below three)

In this case commissioning mother is defined as a biological mother


who uses her egg to create an embryo implanted in another woman

However, a woman who has two or more children will continue to


get only 12 weeks maternity leave.
Significance:
Maternal care to the Child during early childhood is crucial for growth and
development of the child. The amendments will help 18 lakh women
workforce in organised sector. They also help women devote time to take
care of their babies and enable an increase in the womens labour force
participation (WLFPR) rate in India. The labour force participation rate
(LFPR) in India is around 40%, but for females, it is only 22.5%. The gap in
male-female labour force participation is such that the LFPR for rural
women above 15 years is only 35.8%, while for rural males it is more than

double at 81.3%, according to a 2015 research paper by the government


policy think tank NITI Aayog.
Negatives in the bill:

The Bill does nothing to dismantle the male breadwinner model and
continues to reinforce the stereotype about childcare being exclusively
a womans responsibility

It assumes that only a mother is a parent or primary caregiver, while


a father is the provider and an employee bereft of an active
responsibility in childcare. It is silent on paternity/parental leave
MODEL SHOPS AND ESTABLISHMENT BILL,2016
What is the bill for?

It will also allow shops, malls and cinema halls, among other
establishments to run 247 throughout the year

It will ensure uniform working conditions across the country and also
facilitate generation of employment opportunities and ease of doing
business

This model Bill will bring uniformity across the country and it will
make it easier for all the States to adopt it

Implementation of this law depends on the state govt. It may choose


to implement it, not to implement it or make changes as deemed fit to
the law.
Major provisions:

Provides freedom to the establishment to operate 365 days 24x7

Covers only establishments employing ten or more workers under it


ambit. It does not cover manufacturing units

Permits women during night shift, if the establishments have


provisions of shelter, rest room, ladies toilet, transportation and
adequate protection of their dignity etc.

Does not allow discrimination against women in the matter of


recruitment, training, promotions or transfer

Empowers Government to make rules regarding adequate measures


to be taken for the safety and health of workers by the employer

Provisions for common creche, lavatory, first aid and canteen by


group of establishments. It will be applicable in case it is not possible
for individual establishment due to constraint in space or otherwise

Compulsory provisions of five paid festival holidays in addition to


national holidays
MOTOR VEHICLE BILL,2016
The bill seeks to amend Motor Vehicles Act (MVA), 1988 and proposes to
hefty penalties against violations of road safety rules as a deterrent
measure. It also focuses on strengthening rural transport, public

transport, last mile connectivity automation and computerization (eGovernace) and enabling online services. Background
Key Provisions:

Increases compensation for Hit & Run cases to Rs. 2 lakh from
Rs.25000.

Adds provision for payment of compensation in road accidents


fatalities upto Rs. 10 lakh.

Permits state government to specify fines under this act.

Allows State Government to regulate the activities in a public place


of pedestrians

It focuses on improving delivery of services to the stakeholders


using e-Governance. It enables
o
online learning licenses,
o
increases period of driving licenses validity,
o
Do away with the requirements of educational qualifications
for transport licenses etc.

Proposes to create National Register for Vehicle registration and


National Register for Driving Licence through Sarathi and Vahan
platforms. This will facilitate uniformity of the process across the
country and bring harmony of the registration and licensing process.

The owner or guardian will be deemed guilty in cases of offences by


the Juveniles. Juvenile will be tried under JJ Act and the registration of
Motor Vehicle will be cancelled.
Background:

To address the issue of road safety, the Union Government had


proposed a draft Road Transport & Safety Bill earlier. However, most of
the States had expressed reservations.

To address the reservations of states the Union Ministry of Road


Transport & Highways constituted a Group of Transport Ministers (GoM)
of the States

The GoM had recommended that Union Government should


immediately bring amendments to the present Motor Vehicle Act, 1988
to address the issue of road safety and improving transport scenario.
Related Notes:

Road Safety Bill


PCPNDT ACT
What is PCPNDT Act about?

The Pre-conception & Pre-natal Diagnostics Techniques (PC & PNDT)


Act, 1994 was enacted in response to the decline in Sex ratio in India,
which deteriorated from 972 in 1901 to 927 in 1991.

The main purpose of enacting the act is to ban the use of sex
selection techniques before or after conception and prevent the
misuse of prenatal diagnostic technique for sex selective abortion.
Offences under this act include conducting or helping in the conduct
of prenatal diagnostic technique in the unregistered units, sex selection
on a man or woman, conducting PND test for any purpose other than
the one mentioned in the act, sale, distribution, supply, renting etc. of
any ultra sound machine or any other equipment capable of detecting
sex of the foetus.

What are the main provisions?

The Act provides for the prohibition of sex selection, before or after
conception.

It regulates the use of pre-natal diagnostic techniques, like


ultrasound and amniocentesis by allowing them their use only to detect
few cases.

No laboratory or centre or clinic will conduct any test including


ultrasonography for the purpose of determining the sex of the foetus.

No person, including the one who is conducting the procedure as per


the law, will communicate the sex of the foetus to the pregnant woman
or her relatives by words, signs or any other method.

Any person who puts an advertisement for pre-natal and preconception sex determination facilities in the form of a notice, circular,
label, wrapper or any document, or advertises through interior or other
media in electronic or print form or engages in any visible
representation made by means of hoarding, wall painting, signal, light,
sound, smoke or gas, can be imprisoned for up to three years and fined
Rs. 10,000.

The Act mandates compulsory registration of all diagnostic


laboratories, all genetic counselling centres, genetic laboratories,
genetic clinics and ultrasound clinics
Amendments:

Pre-Natal Diagnostic Techniques (Regulation and Prevention of


Misuse) Act, 1994 (PNDT), was amended in 2003 to The Pre-Conception
and Pre-Natal Diagnostic Techniques (Prohibition Of Sex Selection) Act
(PCPNDT Act) to improve the regulation of the technology used
in sex selection.

The Act was amended to bring the technique of pre conception


sex selection and ultrasound technique within the ambit of the
act.

The amendment also empowered the central supervisory board and


state level supervisory board was constituted.

In 1988, the State of Maharashtra became the first in the country to


ban pre-natal sex determination through enacting the Maharashtra
Regulation of Pre-natal Diagnostic Techniques Act
Why in news?

SC had in January last year directed the search engines to strictly


comply with Indian laws and lock advertisements on sex determination
of a foetus
Due to inaction of government SC has told centre to explore ways to
block such advertisements within 10 days
Search engines are under obligation to see that the doctrine of auto
block is applied within a reasonable period of time. Also, it has to be
an in-house procedure/method to be introduced by the companies

REAL ESTATE BILL


Recently the Union Cabinet cleared the Real Estate (Regulation
and Development) Bill. Critically comment on the important
features of this bill. Examine how these features will have bearing
on the consumers. (200 Words)
Real Estate (Regulation and Development) Bill passed by Union cabinet
recently has come as a big relief for the buyers as well as for overall
picture of Indian real estate market.
Features:
1.
Independent Regulatory Authority: Real estate regulatory authorities
(RERAs) will be established in every state and be paired with real
estate appellate tribunals (REATs) to consider appeals against orders of
RERAs. All commercial and residential projects now need to
be compulsorily
registered with
RERA.
2.

Prevention of diversion of funds: The Bill now provides for a


compulsory deposit of 50 per cent of the total amount realised from
buyers into a monitor able account in a scheduled bank to be used only
for the construction of the designated project. This will help in less
diversion of funds but it is lesser than initially speculated 70% so some
funds may still be diversified to chit funds.
3.
Mandating consumer protection measures:
a.
Specification of project cannot be altered without consent of
two-thirds of buyers
b.
Prevention from accepting more than 10% advance fees
without written agreement.
c.
Stringent penalties in case of violation and right to reclaim
refund in case of promoter failure of delivery.
d.
Promoter needs to declare carpet area
4.
Mandatory Registrations with RERA: Only projects registered with
RERA can be bought or sold.
Developers will have to mandatorily disclose all details on the regulator's
website.
Advantages to consumers:
1.
Consumer will have redressal mechanism

2.

They will have more idea about project and they cannot be
betrayed
3.
Consumer money will be safe and will be refunded in case of issues.
Disadvantages:
1.
Existing projects might get delayed.
2.
Costs can go up.
Overall this bill will be beneficial for consumers and will definitely benefit
India's real estate market in longer run. It will also help in curbing black
money in real estate
01/02/2016
How REA will impede competition in the sector causing harm to the
consumers ??
1.
70% money in escrow account : would force builders to rely upon
further borrowings & cost of which may be borne out of the consumers
itself.
2.
Cancellation of Registration : RERA is empowered to cancel any
project because of default on part of developer or non-compliance to
any rule which reduce incentives of developers to compete given
inherent market risks in the sector.
3.
Multiple Dispute resolution forums : leading to jurisprudence conflict
to which consumers would be ultimate losers.
4.
Multiple Legislations : REA does not repeal existing laws leading to
clash of jurisdiction & ambiguity.
5.
Regulatory : Still there is not a provision of single window clearance
system reducing competition as part of developers.
6.
Nexus : between politicians, officials & builders is still neglected by
the REA which is main reason for sky-rocket prices, reducing
competition as part of consumers
REPEALING AND AMENDING BILL,2015
Critically discuss the significance of the Repealing and Amending
(Fourth) Bill, 2015 which was recently passed by the Lok Sabha.
(200
Words)
Repealing and Amending (Fourth) Bill hold tremendous significance.
1.

India is a highly regulated country. Many of the statutes are old and
irrelevant today. Example:- Insurance Amendment Act, 1940 is old and
has been replaced by subsequent legislation. But, it still continues to
be on the statute books. A law on the statute prohibits more than 10
people
on
disco
floors
in
Mumbai.

2.
of
3.

A maze of laws make their enforcement difficult. Also, enforcement


such
laws
breeds
corruption.
A leaner regulatory regime is the demand of today's business.

Even though this bill is required but one must dwell into the reasons why
this
bill
was
required.,
1.

While legislating, the parliament rarely discusses the enforcement


part
of
the
legislation.

2.

Most of the bill repealed are Appropriation acts which should be


automatically repealed. (In UK, sunset clauses are imbibed in laws)

3.

There should be a periodic review of regulatory effects of old laws


and if found wanting, they should be replaced or amended. That is, this
exercise should be periodic and can be entrusted onto a parliamentary
committee. (In New Zealand and Australia, such an exercise takes
place
yearly)

Thus, such an exercise should occur regularly. It can have a great potential
on Ease of Doing Business and also simplifying the lives of common
people.
RIVER GANGA (REJUVENATION , PROTECTION AND MANAGEMENT )
AUTHORITIES ORDER,2016
The Order empowers National Mission for Clean Ganga (NMCG) to take
action against polluting industries. So far, Central Pollution Control Board
(CPCB) had powers to take actions.
Key Features of order

Envisages creation of National Council for River Ganga


(Rejuvenation, Protection and Management) as an Authority under
Prime Minister as Chairperson.

The new authority will be replacing the existing NGRBA (National


Ganga River Basin Authority).

Declares NMCG as an Authority with powers to issue directions and


also to exercise the powers under the Environment (Protection) Act,
1986

Delegates financial and administrative powers to NMCG to


accelerate the process of project implementation for Ganga
rejuvenation.

It will have overall responsibility for superintendence of pollution


prevention and rejuvenation of river Ganga Basin.

Sets up an Empowered Task Force chaired by Union Minister of


Water Resources along with other ministries, departments and State
governments concerned in protection of Ganga.

Lays down a new institutional structure for policy and


implementation in fast track manner.
ROAD SAFETY BILL

Road Transport and Safety Bill:


It is a Bill which aims to provide a framework for safer, faster, cost
effective and inclusive movement of passengers and freight in the country
thus enabling the mission of Make in India.

According to the Bill, a manufacturer can be ordered to recall a


particular type of motor vehicle if a specified number of users
complain about a defect that can cause harm to them, their
passengers, or any other road users.
The Bill could not be introduced in the last session Parliament.
It is also to be noted that the Road safety Act falls in the purview
ofconcurrent listand both state governments and the Centre have
rights

Summary of difference with MVA, 1988

Motor Vehicle Act, 1988


o
Fine of Rs. 1000
o
Or Imprisonment of 3 months or both
o
The law does not mention minor it says unauthorised
person"

Road Transport and Safety Bill


o
The fine has been increased to Rs. 10,000
o
Minor will be considered as an unauthorised person
o
Vehicle will be impounded for 2 months if the offences has
been repeated
o
Penalty points on repeat offenders will lose their license
o
Road contractors or companies will also incur penalties in not
complying by road design standards, road construction and
maintenance
o
Other things:

Unified Driver Licensing System

Unified Vehicle Registration System

Road Safety & Traffic Management

National Road Transport & Multimodal Coordination


Authority
Highlights of the Bill:

2 lakhs lives to be saved in first 5 years due to reduction in road


traffic accident deaths

4% GDP improvement on account of increased efficiency and


safety of road transport sector

10 lac Jobs to be created with increase in investment in the sector

The new Bill makes significant departures from the 1988 Motor
Vehicle Act as it includes safety in construction, design, maintenance
and use of motor vehicles and roads as a major component.

The Bill provides for more stringent penalties to offenders. A graded


penalty point system would now act as a deterrent and improve traffic

condition whereas electronic detection and centralized information of


offences would facilitate to identify repeat-offenders.
New proposed Agencies and systems:

The Bill proposes to introduce an independent agency called


the National Road Safety Authority of India, which will be an
independent, legally empowered and accountable expert lead agency.
It shall be accountable to the Parliament and Central Government.

The new Bill provides for the establishment of State Safety


Authorities which shall act in accordance with the directions issued by
the National Authority.

The Bill seeks to establish a unified driver licensing system in India


which will be transparent. Such a system shall facilitate any time
anywhere licence application mechanism in the country and mitigate
duplication of licences from various regional transport offices.

According to the Provisions of the Bill there will be a unified vehicle


registration system to enable electronic and online submission of
applications for registration at any registering authority leading to real
time interchange of data relating to such an activity.

On the safety issues, the Bill envisages for enforcement of modern


safety technologies.

It also contains the provision for creation of a motor vehicle


accident fund for immediate relief to the accident victim. It gives
special emphasis on safety of school children and security of women.

The Bill also includes the setting up of a Highway Traffic


Regulation and Protection Force (HTRPF).
Why are some against this Bill?

Due to some provisions in the proposed bill. They say that the
proposed fines are too high.

According to provisions of the Bill, the Motor Vehicle Act 1988 will be
scrapped and State RTOs will close. Instead, a Central authority will be
created and private entities will issue and renew licences. This move is
not being welcomed.

The provisions in the Bill are said to be against the principles of


jurisprudence.

Some state governments allege that the bill encroaches upon the
financial, legislative and administrative powers of state governments
Related Questions:
Countries that have had the most success in reducing the number of road
crash deaths have achieved this by improving legislation, enforcement,
and making roads and vehicles safer. Critically examine why has India
failed in this regard.
Related Notes:

Road Accidents

SECURITY
INTEREST
AND
RECOVERY
OF
DEBTS
MISCELLANEOUS PROVISIONS (AMENDMENT) BILL,2016

LAWS

AND

The amendments are aimed at

faster recovery and resolution of bad debts by banks and financial


institutions

making it easier for asset reconstruction companies (ARCs) to


function.

put in place an enabling infrastructure to effectively deal with nonperforming assets in the Indian banking system along with the new
bankruptcy law which came into effect earlier this year
Why we need these amendments?

Indian banks have been under stress with many of them reporting
losses and surge in non-performing assets (NPAs) after the Reserve
Bank of India (RBI) pushed lenders to classify visibly stressed assets as
NPAs after an asset quality review in 2015-16.

Flaws in the existing recovery process have added to the problem of


bad loans. For instance, more than 70,000 cases are pending before
DRTs
What will the bill do?

The bill will amend four acts :


o
Sarfaesi Act, 2002,
o
Recovery of Debts due to Banks and Financial Institutions Act,
1993,
o
Indian Stamp Act, 1899 and
o
Depositories Act, 1996.

The bill gives RBI powers to audit and inspect ARCs and the freedom
to remove the chairman or any director and appoint central bank
officials to its board. The central bank will be empowered to impose
penalties for non-compliance with its directives, and regulate the fees
charged by these companies to banks at the time of acquiring such
assets.

The bill will also pave the way for the sponsor of an ARC to hold up
to 100% stake. It will also enable non-institutional investors to invest in
security receipts issued by ARCs and mandate a timeline for possession
of secured assets.

To be sure, RBI already regulates these entities, but the bill expands
the regulators powers. It also increases the penalty amount that can
be levied by RBI to Rs.1 crore from Rs.5 lakh.

The bill proposes to widen the scope of the registry that will house
the central database of all loans against properties given by all
lenders.

It also proposes to bring hire purchase and financial lease under the
ambit of the Sarfaesi Act, and enable secured creditors to take over a
company and restore its business on acquisition of controlling interest
in the borrower company.

As part of the overhaul of DRTs, the bill proposes to speed up the


process of recovery and move towards online DRTs. To this effect, it
proposes electronic filing of recovery applications, documents and
written statements.
DRTs will be the backbone of the bankruptcy code and deal with all
insolvency proceedings involving individuals. The debtor will have to
deposit 50% of the amount of debt due before filing an appeal at a DRT.
It also seeks to make the process time-bound. A district magistrate has
to clear an application by the creditor to take over possession of the
collateral within 60 days.
The bill also proposes to amend the Indian Stamp Act to exempt
deeds of assignment signed at the time of an ARC buying a loan from a
bank from the levy of stamp duty.
The amendments carry the work forward done in the insolvency and
bankruptcy code. Automation will help in increasing the pace of
recovery, but this requires an investment. Currently, the problem is
that many DRTs from time to time do not have presiding officers

Amendments to SARFAESI Act:

It allows District Magistrate (DM) to take possession over collateral


within 30 days, for securing the creditors.

It empowers DM to assist banks to take over the management of a


company, in case the company is unable to repay loans.

It creates a central database to integrate records of property


registered under various registration systems with central registry
meant for maintaining records of transactions related to secured
assets.

Unless collateral is registered with the central registry, secured


creditors will not be able to take possession over it.

Empowers the RBI to carry out audit and inspection of Asset


Reconstruction Companies (ARCs) and penalize them if they fail to
comply with any directions issued by it.

Stamp duty will not be charged on transactions undertaken for


transfer of financial assets (loans and collaterals) in favour of asset
reconstruction companies.
Amendments to the RDDBFI Act:

Increases the retirement age of Presiding Officers (PO) of Debt


Recovery Tribunals (DRTs) to 65 years from 62 years.

Increases the retirement age of Chairpersons of Appellate Tribunals


to 67 years from 65 years.

Allows PO and Chairpersons eligible for reappointment to their


positions.

Allows banks to file cases in tribunals having jurisdiction over the


area of bank branch where the debt is pending.
SEDITION

What does sedition mean in India?

Section 124A of IPC -> deals with sedition.

Sedition in India is not unconstitutional, it remains an offence only if


the words, spoken or written, are accompanied by disorder and
violence and/ or incitement to disorder and violence

In Macaulays penal code, sedition was declared, way back in the


year 1898, as meaning: The bringing or attempting to bring into hatred
or contempt (by words spoken or written, or by signs or by visible
representation, or otherwise) disaffection towards the government
established by law.

The offence is punishable with imprisonment for life.


Legal stand:

Courts have deprecated the tendency to invoke this grave charge


for mere expressions of critical views. SC has said that even words that
indicate disaffection towards the government cannot be termed
seditious, unless there is actual incitement to violence and intention to
cause disorder.

13/02/2016 Civil rights activists and legal experts have long


asserted that the State authorities have been misusing the sedition law
to target citizens who simply express their legitimate views. Moreover,
the trial courts have mostly disregarded or ignored the Supreme
Courts interpretation of sedition law.
Cases related to it
o
Kedar Nath Singh vs. State of Bihar in 1962

A Constitutional Bench of SC upheld the validity of


Section 124-A but laid down that a person can be charged with
sedition only if there is incitement to violence in his speech or
writing or an intention or tendency to create disorder or
disturbance of law and order.
o
Maneka Gandhi case of 1978

Supreme Court held that criticising and drawing general


opinion against the governments policies and decisions within a
reasonable limit that does not incite people to rebel is consistent
with the freedom of speech.
o
Romesh Thapar vs Union of India (HC)

Pointed out the incompatibility of the laws of sedation.


Effort to ban publications on the purported threats that they pose
to public safety were ruled unconstitutional.
o
Shreya Singhal vs union of India :

Declared IT Act section 66A as unconstitutional. The


court ruled that the speech howsoever offensive, annoying or
inconvenient cannot be prosecuted unless its utterance has , at
the least , a proximate connection with any incitement or
disruption in public order

Who is an Anti-Indian? (JNU case)


Likewise, mere expressions of hate, and even contempt for ones
government, are not sedition. When a person is dubbed anti-Indian, it is
distasteful to Indias citizenry, but then to be anti-Indian is not a criminal
offence, and it is definitely not sedition.
Freedom of dissent vs sedition:
Citizens in India are free to criticise their governments at the Centre or in
the states which they do quite frequently, and boldly and fearlessly as
well; as they must, because that is what a participatory democracy is all
about.
Related issue:
Section 295A (deliberate and malicious acts, intended to outrage
religious feelings of any class by insulting its religion or religious beliefs)
was found to be constitutional in the Ramjilal Modi case (1957)
What can be done?
1.
Baliable: all speech-related offences should be made bailable
offences; this would lessen the harmful impact of using arrest and
custody as a way of harassing anyone exercising their rights under
Article 19(1)(a).
2.
Non Cognisable: the offences should be made non-cognisable so
that there is at least a judicial check on the police acting on the basis
of politically motivated complaints.
3.
Prior Government Sanction: For some laws it is mandatory under
Section 196(1) of the Code of Criminal Procedure to obtain prior
sanction of the government before taking cognisance of the offences.
This needs to be extended to the offence of sedition under Section
124A.
4.
Burden of proof: In the case of hate speech, it is important to
raise the burden of proof on those who claim that their sentiments are
hurt rather than accept them at face value.
5.
Deterring action: And finally, it is crucial that courts begin to take
action against those who bring malicious complaints against speech
acts.
What SC has to say?

The Supreme Court has clarified that sedition charges cannot be


brought against a person merely for raising a voice against the
government or its policies

The authorities, while dealing with offences under Section 124A of


the Indian Penal Code, shall be guided by the principles laid down by
the Constitution Bench in Kedar Nath Singh vs State of Bihar.

The court had clarified in its 1962 verdict that a citizen has a right
to say or write whatever he likes about the government, or its
measures, by way of criticism or comment, so long as he does not
incite people to violence against the government established by law or
with the intention of creating public disorder

The court had clarified that comments, however strongly worded,


expressing disapproval of government actions, without exciting those
feelings which generate the inclination to cause public disorder by acts
of violence was not sedition.
The court had pointed out two essential ingredients required to
establish the crime of sedition:

The acts must be intended to have the effect of subverting


the government by violent means.

The acts must be intended to create disorder or disturbance of


public peace and order by resort to violence and must incite
violence
What is the case? Citing misuse of law, petitioner wanted SC to
direct government to amend the Act. Facts are : 47 cases of sedition
were filed in 2014 alone and 58 people arrested in connection with
these cases. SC refused to give directions.

Good Read :
http://www.insightsonindia.com/2015/10/14/insights-into-editorial-it-istime-to-render-sedition-section-124a-of-ipc-unconstitutional/
SPECIFIC RELIEF ACT,1963
Why in news?
To enhance "Ease of Doing Business", government is planning
amendments in this act. These amendments were proposed by Anand
Desai led Expert committee
What does the Act do?
The law prescribes that in an event where the actual damage for not
performing the contract cannot be measured or monetary compensation
is not adequate, one party can ask the court to direct the other party to
fulfil the requirements of the contract. This is called specific performance
of a contract. This extends to infrastructure contracts, like construction of
housing societies or sale and purchase of land
What are the proposed changes?

To limit the compensation and relief that courts can grant in cases
relating to execution of infrastructure and development projects

It seeks to lay down guidelines for reducing the discretion granted to


courts and tribunals while granting performance and injunctive relief
Why these changes?

In the governments assessment, some provisions in the existing law


are an impediment for investors, as they fear a long-drawn litigation
process

Courts have extensive power to review and award compensation


under current Act

It is also a discretionary relief, that is, it is left to the court to decide


whether specific performance should be given to a party asking for it.
This gives rise to uncertainty in contracts

STRERT VENDORS ACT


Street Vendors Act 2014 was enacted with a motive to protect the
livelihood of the Street Vendors as it is their fundamental right under
Article 19(1)(g) and simultaneously ensuring congestion free streets and
public spaces. However its ground implementation has provided some
relief to the street vendors but still some of its provision has not been
implemented
with
full
vigor
such
as
1.

2.

3.
4.

5.

SVA requires municipality to come up with the scheme for the


welfare of the street vendors only few municipality have proposed such
plan. Main issue arises in this is the defying attitude of municipalities
who is violating the provision of the law.
Act provided that all the decision related to identification of vending
and non-vending zone , issuing certification , certificate fees are to be
taken by the Town vending Committee and Municipality will ratify but in
practice it is the Municipal commissioner who takes decision and has
concentrated power in himself and diluted the democratic character of
the TVC.
Act strictly prohibit the harassment of the street vendor by the
police and municipal authorities but police has find innovative ideas to
further the harassment and carry on their corruptive practices.
TVC is multimember body having representation from the vendors,
police, municipal authorities, RWA etc. Another issue that has arisen is
the attitude of the Resident welfare association who considers street
vendors as a encroacher on land. So until this perception about Street
vendors is not changed, little can be expected from the act.
Main issue is its ground implementation. Still some of the municipal
authorities and policemen do not know about the act and unawareness
among
the
street
vendors
about
such
act.

Nonetheless Intention of the act is good and has provided some relief to
the street vendors and pedestrian. However in order to realize the full
benefit from the act it needs to be enforced fully with good intention.
The Street Vendors Act, 2014 is a truly innovative solution to the
problem of balancing the livelihood rights of hawkers and the
right to free movement of pedestrians and traffic. Do you think
this act has done justice to its target population and to its main
objectives? In the light of the statement, critically comment. (200
Words)
THE MEDICAL TREATMENT OF TERMINALLY ILL PATIENTS (PROTECTION OF PATIENTS AND MEDICAL
PRACTIOTIONERS) BILL

Bill is in draft stage and government has put it up in public domain for
wider discussions on issue. It will give a patient the right to withhold
medical treatment in case they are terminally ill.
Background:

Aruna Shanbaug case

SC directive to government in NGO Common Cause PIL case

196th Law Commission report and an attempt to regulate


euthanasia in 2006, which was later not adopted.
Key provisions of the bill:

Every competent patient,including minors aged above 16 years,


has a right to take a decision and express the desire to the medical
practitioner attending on her or him.

Such a decision will be binding on the medical practitioner. He or


she has to inform the spouse, parents or any other close relative of the
patient and desist from carrying out the decision for a period of three
days after informing them.

The Bill providesprotection to patients and doctors from any


liabilityfor withholding or withdrawing medical treatment and states
that palliative care (pain management) can continue.

TheMedical Council of India has been given the authority to


formulate guidelinesfrom time to time for the guidance of medical
practitioners and might review and modify the guidelines periodically.

In case any patient is not competent enough to take a decision then


his or her next of kin, including spouse, parents or sibling,can approach
the High Court, which will have to take a decisionwithin a period of one
month.
Criticism:

Ambiguity in the concept of "living will" (Advance medical directive).


Best practices in other nations laws not adopted here.

Bill distinguish between competent and incompetent patients thus


violating Article 14 (Equality)
Related Notes:

Euthanasia

Euthanasia

TRANSGENDER PERSONS (PROTECTION OF RIGHTS) ,2016


Aims

To protect transgenders from discrimination

To evolve a holistic mechanism for the social, economic and


educational empowerment of marginalized transgenders community
If passed, what will it do?

The Bill will benefit a large number of transgender persons, mitigate


the stigma, discrimination and abuse against them and also bring them
into the mainstream of society.
It will lead to greater inclusiveness and will make the transgender
persons productive members of the society.
The Bill will make all the stakeholders responsive and accountable
for upholding the principles underlying the Bill.
It will bring greater accountability on the part of the Union
Government and Slate Governments/UT administrations for issues
concerning Transgender persons.

Why all this is necessary?

Transgender community is among one of the most marginalized


communities in the country because they dont fit into the stereotypical
categories of gender of men or women.

They face problems ranging from social exclusion, ostracism and


discrimination, as well as verbal, physical and sexual abuse.

They don't have access to education and employment opportunities,


ending up into organised groups, forced begging or demanding money.

INTERNATIONAL RELATIONS
GLOBAL ISSUE
EUROPE CRISIS
The crisis in Greece does not in itself pose an economic risk for
Indian investors and traders, but a Europe-wide crisis would.
Elaborate. (200 Words)
Greece became the first advanced economy to default on its debts. Greek
crisis and a possible "Grexit" will not have direct repercussions on India
but its negative fallout on the European Union as a whole may impact
India adversely because Europe is India's largest trading partner.
1.
Economic contagion: Default would mean a huge loss for
European Central Bank and a weaker Euro. Weaker Euro will cause
interest rates to firm up which will eventually lead to outflow of capital
from India.
2.
Exports: Software and engineering exports, a major share of India's
trade with EU, is expected to fall.
3.
Volatile stock market due to heavy speculation would hurt investors
in the short-run.
4.
Bigger problem is the political fallout of a "Grexit" which would send
a negative message that euro membership is reversible and shore up
further anti-euro movements and thus resulting in a vicious cycle.

Nevertheless, India is better prepared to deal with any negative impact on


its economy:
1.
Strong macroeconomic fundamentals (policies to contain inflation,
spur investments and growth) to deal with global slowdown.
2.
US Fed might not hike up rates immediately in the event of grexit
and that would check flight of dollars.
3.
Forex reserves with RBI to counter-balance the currency volatility.
Critically examine the effects of ongoing economic crisis in Greece
on the Indian economy. (200 Words)
Greece is on the verge of a default in its loan repayment to IMF. This is a
serious economic problem as Greece may exit the Eurozone and this will
have a major fallout in the world economy. Euro will take a direct hit and
the viability of the currency may be in doubt as other highly indebted
countries such as Italy and Portugal may follow suit.
India is also in the line of fire. The following may be effects on Indian
economy1.
Though Indian economy has little transaction with Greece, European
banks have high stakes in the Greek economy. As they have a high
exposure to India, Indian economy will also be hit.
2.
Indian economy is already experiencing a rough patch due to US
Federal Reserve tapering and subdued monsoon predictions. The Greek
economic crisis will further put burden on Indian economy.
3.
There may be capital flight from India, in case there is an increase in
interest rates in Europe . However, RBI is in a good position of tackling
any currency volatility due to its record Foreign Reserves at the
moment.
4.
Indian businesses dealing in Euro will face losses as Euro will
become weaker. Also, the Indian manufacturing will take a hit as
demand will be lower in Eurozone which is a major trading partner of
India.
5.
As euro value decreases, it's export potential increases. A high
export potential will attract investment. A potential outflow from Indian
market can happen which will reduce rupee value.
Indian economy though is much prepared now to face any such
consequence. High foreign exchange reserves will aid to restring balance
and stabilising rupee value. Moreover, Indian rupee is currently
overvalued compared to other currencies and hence any devaluation is
not unwarranted. It will even boost exports. So, any eventuality is not a
cause of concern for India.
GLOBAL HUNGER

2015 Global Hunger Index shows that though progress has been
made since the turn of century but the level of hunger in the world still
remains unacceptably high.

Major reason is Spread of Armed conflicts: Many countries affected


by violent conflicts including Syria, South Sudan, Somalia.
795 mn people in world still go hungry
1 in 9 people remain chronically undernourished
3.1 mn children die of malnutrition each year

Conflict is development in reverse. Without peace, ending poverty and


hunger by 2030 will never be achieved. The time has come to make
conflict prevention and resolution a far higher priority.
72 out of 129 countries have achieved MDG target of halving the
prevalence of undernourished population.
Extreme poverty in developing regions have come down from 43% in 1990
to 17% in 2015. But the progress has been uneven across the globe.
GREECE CRISIS

The recent election in Greece is a verdict against the austerity


which ruined the country. Critically analyse in the light of recent
developments in Greece and its impact on EU. (200 Words)
The 2008 global economic crisis worst hit Greece causing wide spread
unemployment. Greece being a welfare state continued its spending
causing its budgetary deficit to soar to about four times euro-zone's
prescribed limit. To save Greece economy from an imminent collapse IMF
& EU offered two massive bailout packages; one in 2010 worth 110 billion
euros
and
other
in
2012
worth
130
billion
euros.
The pre-condition for bailout packages were that Greece would
significantly cut down the budgetary deficit by accepting an austerity
measures requiring huge cuts in salaries and other social welfare schemes
as
well
as
much
higher
tax
rates.
Recently an unusual Anti-austerity coalition between Syriza (radical
leftist) and independent Greeks (right wing) came to power. The new
government
aims
to:
1.
2.
3.

Re-negotiate the terms of international bailout package.


Secure a write off for Greek's debt by half.
Give respite to citizen from austerity.

The new govt. in Greece plans to do away with austerity measures. But
any failure on the part of Greece to meet its austerity and debt
commitments,
will
put
its
place
in
Euro-zone
at
risk.
Impact

on

EU:

1.

Anti-austerity movement led by left-wing parties in different


countries of euro-zone will be strengthened.
2.
ECB's massive QE programme to revive EU economy may be given a
second thought.
3.
Overall weakening of EU.
4.
Greece
may
exit
EU.
Greece govt. should enter into a dialogue with institutions like EU & IMF
and evaluate all pros and cons before taking any drastic step.
INTERNET GOVERNANCE

Examine the difference between "multi-stakeholder" and


"multilateral" models of discussion to decide the future of issues
such as global internet governance and net neutrality. Also
critically comment on Indias position on the issue of global
internet governance. (200 Words)

Countries such as the U.S. and Germany have advocated a "multistakeholder" model that consults governments, industry, civil society and
technical community while making decisions that affect the Internet.

India has opposed to multi-stakeholder model in the past, favouring the


"multilateral" model in which national governments make decisions
through an equal vote. This has been consistent with India's domestic
command-control communication policy.

India's fears about multi-stakeholder governance have always had their


roots in its concerns about decision-making being dominated by
corporations, especially U.S.-based corporations.

The change in India's stand now agreeing to 'multi stakeholder model' of


discussion at the ICANN meeting in Buenos Aires is in line with the
government's internal efforts at consultative policy-making in the context
of net neutrality.

This signal the beginning of a more consultative approach to


communication policy making and may change the balance of the global
politics related to internet governance.

But, India's support for it should be full-fledged that is the composition of


such a model should be more representative. Also, we as stakeholders has
the responsibility to provide well researched inputs and show willingness
to engage. There is need for vigilance that multi stakeholder approach
proposed by west should go certainly beyond only giving industry a voice
and accommodate well the inputs demanding safeguard of citizens right.
ISRAELI SETTLEMENT

Israeli settlements on the West Bank are opposed by the West, by


Arab states on many grounds. Why do they oppose these
settlements? Do you see any merit in this? What is India's opinion
on this? Critically examine. (200 Words)
The Israeli settlements on the west bank are on a piece of land that
historically and legally belongs to the Arab Palestine's. It was captured by
Israel from Jordan in 1967,and despite many international and Arab
condemnations,
refuses
to
return
it
back.

Israel considers this captured land both as a buffer territory to resist


attacks from hostile Arab neighbors as well as a source of land for its
burgeoning Jewish population.
This has created tension between Israel and the Arab states and
even with US. The US and the UN want Israel to vacate these territories
to facilitate peace talks by building trust and giving the Arab
negotiators something to show their domestic audience as not
compromising on long stated Arab position.
India, while accepting the Israeli right to existence and need or
better Arab Israeli ties also say that Israel should look at the issue from
both a humanitarian as well a security angle. Considering Israeli
unequivocal support for India at times of crises like Kargil war position
on Kashmir etc. India's soft position on the issue is understandable.
India's support of Palestinians all these years didnt yield much
diplomatic and political dividend form the Arab and Muslim world.
Hence India is well within its right to put its national interest first.
For its own security, Israel has to leave the captured lands. The
illegal settlements fuel Arab resentment, strengthen Israeli foes like
Hamas, and Iran's position and incite attacks on Jewish settlers and
inside Israel itself.
It also robs Israel of crucial moral and diplomatic support it deserves
in many respects at the international fora.

JAPANS PACIFISM

Japan has moved away from a pacifist foreign policy to a more


prominent role in international stage in West's Counter terrorism
policy. Analyse its reasons and consequences in the recent times.
(200 Words)
Japan's

pacifism

can

be

ascertained

thorough

following:

1.
2.

Since the end of WW-II Japan has always renounced war.


Does not maintain an army with war capabilities; only a self-defense
force (Japan Self Defense Force -JSDF) to maintain peace & order.
3.
Japanese foreign policy which distances Japan from militaristic
ventures.
Moreover Japan has largely been insulated from international terrorism
and remained unaffected from radical groups particularly Islamic
fundamentalists. However recently Japan has moved away from pacifist
foreign
policy
because:
1.

Recently it has been affected by international terrorism; two


Japanese journalists have beheaded by Islamic State (Islamic terror
group).
2.
Being a resource poor country; Japan relies heavily on crude oil
imports from middle east. Threat to stability in middle east region by
radical forces such as Al-Qaeda & Islamic State will be adversely
impact energy supplies to Japan.
Consequences:
A.

Military

1. Defense budget has been enhanced.


2. Ban on arms export lifted.
3.
Capabilities
of
self-defense
forces

preparations:

are

being

enhanced.

B.

Economic diplomacy: Non-military aid to countries around middle


east such as Egypt, Jordan, Lebanon to fight IS which threatens regional
stability
and
Japanese
energy
supplies.

C.

Reinterpretation of constitution: Japan can now use force to


defend her allies when they are threatened or attacked.

Conclusion: Current global scenario calls all secular democratic societies


including Japan to fight rising radical forces. Japan should work alongside
the international community to contain and eliminate radical groups.
For India: India must engage with emphatic Japan to broaden its fight
against terrorism; highlight the terrorism and its sources in South Asia and
isolate the neighboring country which patronizes radical groups.

QUANTITATIVE EASING

QE refers to an unconventional monetary policy in which a central bank


purchases government securities or other securities from the market in
order to lower interest rates and increase the money supply. Quantitative
easing increases the money supply by flooding financial institutions with
capital in an effort to promote increased lending and liquidity. Quantitative
easing is considered when short-term interest rates are at or approaching
zero, and does not involve the printing of new banknotes.
Reasons:

Like lowering interest rates, QE is supposed to stimulate the


economy by encouraging banks to make more loans.

Raises stock prices and lowers interest rates, which in turn boosts
investment.

can also boost economic activity by raising confidence.


QE by USA: Several rounds of QE in America have increased the size of
the Federal Reserve's balance sheetthe value of the assets it holds
from less than $1 trillion in 2007 to more than $4 trillion now.
QE by EU: European Central Bank (ECB) launched QE in March, 2015 -->
Its monthly purchases will rise from around 13 billion ($14 billion) to 60
billion until at least September 2016.

The resorting of Central banks to unconventional monetary


policies to ward off recession and deflation has caused serious
problems for Emerging economies like India. In the light of the
Fed Quantitative Easing followed by latest decision of the EU
critically examine how such policies impact India? (200 Words)
The use of quantitative easing is a last resort when interest rates are
already set near zero percent. It is why quantitative easing is an
unorthodox monetary policy since central banks will only perform
quantitative easing when all other options are not helping the economy.
Concerns for the CIS, BRIC, and other emerging economies is related to
how the globalized nature of the international economy and actions by the
United States or the European Union impact the emerging economies.
The
1.

effects

of

such

QE

would

be

In general, financial firms that are now free to lend will rush their
investments into the emerging economies. This is because there is a
higher rate of return on investments in emerging countries compared

to

highly

developed

countries

like

the

United

States.

2.

An increase of local inflation. As more foreign currency enters into a


country, like a CIS or BRIC country, the local economy reacts with
inflation since more money, foreign or domestic, is available in the
local
market.

3.

Local currencies could be devalued. With the quantitative easing


cheaper, other countries react by devaluing their currencies so their
exchange rates are lower. This can cause a global currency war,
resulting in large scale, impaired economic growth since citizens will
be
unable
to
purchase
many
goods
or
services.

4.

Moreover, the money that will come in will be "hot money" and such
investments are very volatile and short term. Hence their later
withdrawal from the economy will lead to spiraling down of the local
currency.

5.

Due to the unfavorable and fluctuating market, investors will be


skeptical
to
invest
in
the
stock
markets.

6.

The EU is Indias largest trading partner and this will hit the Indian
exports to the EU badly

If the nations of the European Union are not careful with the amount of
quantitative easing they perform, it will have dire consequences around
the world. The European Union and others need to solve their economic
problems, but if they are not careful, their solutions will seriously harm
other nations and plunge the world deeper into economic turmoil.
REFUGEE PROBLEM

Facts:

Almost 90 per cent of the worlds refugees are hosted in developing


countries. Eight countries host more than half the worlds refugees.

Just 10 countries provide 75 per cent of the UNs budget to ease and
resolve their plight.
Why Migration happens?

War, human rights violations, underdevelopment, climate change


and natural disasters are leading more people to leave their homes .

Migrants have also left their countries in search of better


opportunities or simply for survival.
What does India do with asylum seekers?
India offers asylum to a large number of refugees, but it is not a signatory
to the 1951 Refugee Convention
New York Declaration for Refugees and Migrants

Adopted at UNGA

The declaration expresses the political will of world leaders to


protect the rights of refugees and migrants to save lives and share
responsibility for large movements on a global scale
Commitments made are:
o
Protect human rights of all refugees and migrants. It includes
rights of girls and women and also promote their full, equal and
their meaningful participation to find solutions.
o
Ensure that all refugee and migrant children receive education
within few months of arrival.
o
Prevent and respond to gender-based and sexual violence.
o
Support countries receiving, rescuing and hosting large
numbers of refugees and migrants
o
Condemn strongly xenophobia against refugees and migrants
and support global campaign to counter it.
o
Strengthen positive contributions made by migrants for their
social and economic development in their host countries.
o
Improve delivery of humanitarian and development assistance
through innovative multilateral financial solutions to those countries
most affected.
o
Strengthen global governance of migration by bringing the
International Organization for Migration (IOM) into the UN system.

Critically examine the causes, consequences and remedies of


World's recent Refugee crisis. (200 Words)
Civil wars and persecution of certain groups have precipitated the global
refugee crisis into the biggest humanitarian crisis in the world. According
to Amnesty International, there are around 50 million global refugees right
now.
Causes
1.

Instability in the West Asia - There is great instability in the west


Asia. War between the ISIS and Kurdish rebels in Iraq and Syria, attacks
by Saudi Arabia on Houthi rebels in Yemen, the civil War in Syria. All of
them combined to displace a large number of people from these
countries.

2.

Economic Reasons - A large number of refugees from Africa have


been forced to leave their countries in search of opportunities abroad,
primarily
in
Europe.

3.

State Persecution - Rohingyas are a sect of Muslims who claim they


are original inhibitors of the Rakhine, a state in Myanmar. However,
Myanmar considers them illegal immigrants from Bangladesh and has
withdrawn citizenship rights from the Rohingyas. This has forced
Rohingyas
to
flee
to
other
countries.

4.

Climate Change - Low lying island nations are threatened by rising


sea levels and forced to leave their countries. Such refugees are known
as Environmental refugee.

Consequences
1.

The refugees also have an impact on the economy and society of


their host nations. Large number of refugees can have a devastation
impact on the host nation. The Indo-Pak war of 1971 was caused
primarily
due
to
the
refugee
problem.

2.

Large number of refugees actually loses their lives while trying to


reach
different
countries
which
might
take
them.

3.

They could be used by terrorist organisations, sex or slave trade


etc., thus denial of basic human rights, disruption of global peace

4.

Pressure on neighboring countries e.g.: Around half of the


population in Syria got displaced and most them have entered into
Turkey,
Jordan.

Remedies:
1.

The UN High Commissioner for Refugees (UNHCR) must be


empowered with budgetary resources to tackle the problem at a war
footing.

2.

All states should put in place comprehensive refugee policy to avoid


ad-hoc
measures
in
line
with
the
UN
convention.

3.

Moral and diplomatic persuasion to stop persecution and promote


reconciliation among stakeholder in various countries such as
Myanmar, Pakistan and Bangladesh to avoid migration of people.

4.

Diplomatic pressure from powerful nations and organisation such as


UNHCR as seen in recent cases where Indonesia and Malaysia have
accommodated
refugees
on
temporary
basis.

It has to be accepted that there is a glaring failure in dealing with refugee


problem at the global level. There is a visible apathy on the part of big
powers to see this as a humanitarian crisis. This apathy is one reason why
many Rohingyas died enroute rowing while fleeing from Myanmar to
countries like Malaysia and Australia. Silver lining is that there is already
established institution in the form of UNHCR to deal with the issue. But it
has
to
be
given
more
teeth
and
power.
[Richer countries in the west and Asia-pacific should find more room for
refugees in order to share the burden more equitably as at present, 86 %
of all the refugees are in developing countries which lack infrastructure
and resources to tackle the challenge. There has to be more meaningful

efforts, driven not by merely geopolitical calculations, but by moral,


humanitarian conviction to solve the crisis.]
What are the problems faced by Rohingya minority community in
Myanmar and what should be India's response to this crisis?
The Rohingya are a Muslim minority ethnic to Myanmar living in northern
Arakan/ Rakhine State in the western part of the country. Despite
numbering at about 1.33 million, Myanmar's citizenship laws deny them
citizenship rights and treat them to be illegal immigrants from
Bangladesh. As a consequence, for years this community has been at the
receiving end of discrimination and persecution within Myanmar at the
hands of the Buddhist majority.
In order to escape this persecution and to search for a better life, the
Rohingyas try to enter the neighbouring countries including Bangladesh,
Indonesia, Malaysia, Thailand and India via land/sea routes. However, on
account of their statelessness, most countries are reluctant to consider
the Rohingyas as refugees and often label them as economic
migrants. They are, in fact, forcibly pushed back by these states as they
are often considered to a socio-economic and security threat. This
international isolation makes the Rohingyas vulnerable to a wide variety of
human rights abuses including - trafficking, prostitution and forced labour.
India unlike the other regional powers, has taken a humanitarian approach
to the influx of the Rohingyas. In fact, alongside Malaysia, India is the only
country in the region which grants refugee status to Rohingyas. While,
some Rohingyas has managed to enter India undetected via Bangladesh,
a vast majority are detained under the Foreigners Act, 1946 and are sent
to the Tihar jail, over which the UNHCR has jurisdiction. After due
processing, they proceed to a refugee camp in Jammu.
However, the regular influx will eventually give rise to logistical problems
for India, for it doesn't have the resources to house a large number of
Rohingyas. India being non-signatory to UN Convention relating to the
status of Refuges, Government deals on case to case basis. Majority of
them living in refugee camps with inhumane conditions and some NGOs
voluntarily helping them out.
The Rohingya problem, if not immediately solved, can have repercussions
for the entire region. On account of being unemployed, the Rohingya
youth remain in a state of frustration and this could provide fertile
grounds for indoctrination by militant outfits.
The need of the hour calls for international cooperation. In the short term,
first step would be to recognize the refugee status of the Rohingyas by all
regional powers. This is to prevent crisis such as the recent on, where a
boat with hundreds Rohingyas on board was found drifting in high sea

because no state in the region is willing to accept them. In the long term,
the international community needs to make Myanmar aware that the
responsibility of the Rohingyas' safety and welfare lies on it.
"Vulnerable people around the world are moving in search of
safety and dignity, fleeing persecution, abject poverty,
deprivation, discrimination and abuse." Elaborate and suggest
what needs to be done by international organisations and nearby
countries. (200 Words)
Rise of terrorism and persecution (IS), ethnic discrimination (Rohingyas),
wars (Syria, palestein, yemen) etc. forcing thousands of people in search
of shelter, dignity, safety and security. In the absence of any strong
political support within their own countries, huge responsibility lies with
international organization, neighbouring countries and regional powers.
1.

Neighbouring nations may share the responsibility through dialogue


for providing immediate shelter to refugees since it would be difficult
for any one nation to absorb all of them. ASEAN nations may well
leverage their economic position to push Myanmar for a settlement in
the Rohingya problem.
2.
Since nations are dependent on their neighbours for trade,
investment, international transit route etc. this can be used to solve
the crisis.
3.
Regional powers, with immense economic clout and dependence of
the nations on them for economy and security, may leverage their
position. Pressure from USA and western powers will accelerate the
solution of long festering palestein problem.
4.
International organisations like FAO, UNICEF, WHO etc. should
provide immediate humanitarian assistance. UN should put moral
pressure on international community to use their financial and
diplomatic position to solve the crisis.
It's time for a global convention for a policy towards international refugees
and institutional mechanism to deal with the issue.
SOUTH CHINA SEA

Context:

South China Sea is resource rich and it is contested by China and


other South East Asian Countries.

It is one of the busiest maritime route generating lots of revenue

Some islands are claimed by different countries based on their own


interpretation of history

Disputes in South China Sea are fight mainly between China,


Philippines, Vietnam over the territorial sovereignty in South China Sea
along with other atolls, reefs and rocky outcrops

Chinas claim:
China says that major portion of these islands belong to them
as part of the historical events and area defined by Nine Dash Line
o
China has started building artificial islands and even strategic
runways for mobilising its air force from these islands
Chinas claim overlap the South China Sea areas of different
claimants countries, that involve Brunei, Vietnam, Philippines, Taiwan
and Malaysia
India's stand:
o
India supports freedom of navigation based on international
principles
o

Case under International Tribunal for the Law of the Sea:

Philippines has gone to International Court of Arbitration against


China's claims

Beijing insists that Manilas case is an issue of territorial sovereignty


over which the tribunal has no jurisdiction

Manila complained under the 1994 UN Convention on the Law of the


Sea ratified by both nations.

It says a country has sovereignty over waters 12 nautical


miles from its coast, control over economic activities in waters on its
continental shelf and up to 200 nautical miles from its coast.

Chinas nine-dash line includes waters beyond these zones.


What Permanent Court of Arbitration has said about the issue?

There was no legal basis for China to claim historic rights to


resources within the South China Sea areas falling within the nine-dash
line

China has violated the Philippines sovereign rights and also caused
severe harm to the coral reef environment by building artificial islands
in South China Sea

Chinas rights are incompatible with the exclusive economic zones


(EEZ) provided in the UNCLOS
What is China's response to this ruling?

China has declared that the award is null and void and has no
binding force

It attributed the current crisis in the South China Sea mainly to the
U.S.s rebalance doctrine that has caused it to position forces in the
area

China is planning to setup an air defence zone in the South China


Sea after which international flights flying over the waters would be
required to notify China
What happens next?

While the findings are legally binding, UNCLOS has no enforcement


body and legal experts say it remains unclear what can be done when
China ignores the ruling

Why ASEAN as an organisation is not able to resolve the issue?

Not all 10 ASEAN members are claimants to the South China Sea.

Members of ASEAN have overlapping claims among themselves.

China believes in bilateral discussion of South China Issue

Because of its economic and military power, China has been able to
win over some ASEAN members

There is no single country in ASEAN party to the South China Sea


disputes that is capable of challenging China individually

This is an important reason why ASEAN has welcomed the role of


the United States as a power balancer on the issue
In recent months, USA is responding to regional anxiety in South
China Sea region by conducting joint naval patrols and exercises
with countries that are wary of Chinas growing assertiveness and
militarisation in the region. Do you think it is good for regional
stability? Should India also involve in these exercises? Comment.
(200 Words)
South China sea has been witnessing tensions between China and other
countries for some time now. The assertion of China has been responded
back by US in sending the aircraft carriers in South China sea and conduct
of joint naval exercises in name of freedom of navigation.
Positive aspects:
1.
All nations are small and cannot match to Chinese might on their
own
2.
US venturing postures good for India as China had been venturing
into Indian Ocean by String of Pearls and Maritime Silk Route
3.
it is an open secret that China harbours expansionist tendencies but
wishes others to follow One China Policy
4.
China and US are anyways competing over TPP v/s RCEP which
targets SE Asia
5.
India and US have asserted navigability and flight over SCS which is
open sea as per globally accepeted standards.
Negative aspects:
1.
South China sea is the main gateway of trade in the world.
Increased militarization would affects trade in the already bleak future
of world economy.
2.
The militarization would enhance the defence budgets of all parties
in the dispute and may result in arms race which world could not
afford.
3.
Since the conflict involves nuclear states viz., China and US. The
possibility of nuclear strike could not be ignored.

4.

Increased militarization would affect the domestic economies of the


parties in dispute which may affect global trade.
5.
Region of Indian Ocean to SCS is seeing growing conflicts and
human rights violation like Rohingyas, rogue states may be drawn like
North Korea, one upmanship may force to install pirates as puppets and
destabilise economy.
India should:

continue with its economic and diplomatic interests,

maintain self-dependent naval might,

conduct joint exercises in Indian Ocean,

be ready to put pressure on Malacca passage,

hydrocarbons deal with Vietnam as China is doing CPEC in PoK,

engage China positively on other fronts like RCEP and

push for global consensus on the SCS.

South China Sea Framework:

China and ten member countries of Association of Southeast Asian


Nations (ASEAN) have agreed to form a framework for a code of
conduct to ease tension in disputed South China Sea.

To be established by mid-2017

China-ASEAN hotline for use during maritime emergencies

SYRIAN CRISIS
India position -- Long term solution can come via Geneva Talks.
The Geneva Communique issued in 2012 calls for the establishment of a
transnational governing body in Syria with full executive powers that could
include members of the government and opposition, and should be
formed on the basis of mutual consent.

Ever since the Syrian civil war broke out in 2011, there were no
meaningful international efforts to find a political solution to the crisis.
Instead:
(1). regional powers turned Syria into a geopolitical battlefield. Rich Arab
countries such as Saudi Arabia and Qatar supported different rebel
groups against the regime because they wanted President Bashar alAssad, an ally of Iran, to be toppled.
(2). Turkey, driven by its regional ambitions, also threw its weight behind
the rebels and kept open its long border, through which fighters could
cross into Syria to join the war.
(3). Western powers such as the U.S. and Britain joined the regime
change chorus and offered support to the rebels.

This drive failed to oust Mr. Assad, but has destabilised Syria, leading to
the rise of terror groups such as Islamic State. Its already too late now to
find a political solution. IS controls almost half the country and it is trying
to advance into areas controlled by the regime. If that happens, the
humanitarian situation in Syria will worsen, triggering a further refugee
exodus. To stop that from happening, regional heavyweights such as
Turkey and Saudi Arabia and their backers in the West should reverse their
policy towards Syria. They should rein in the rebels they bankroll and
directly engage with the Assad regime to push for talks. Mr. Assad has to
be blamed for the excessive use of force against his people. But he still
controls the most populous areas of Syria and rules from Damascus, the
seat of power. Mr. Assad clearly has to be an integral part of any future
plan for Syria.

__

Migrants vs Refugee

Migrants --> migrate willingly for better prospects of life. Do not have
legal protection
Refugee --> migrate unwillingly due to harsh realities in source nation like
armed conflicts, internal turmoil and situations involving gross and
systemic violation of human rights. Refugees enjoy certain protection
under law, such as safety from deportation to the country here they face
persecution; protection of basic human rights without racial or religious
discrimination, or of national origin; access to fair and efficient asylum
procedure; provision of administrative assistance

____
Power vacuum created in some countries of the Middle East and North
Africa led to the creation of anarchic areas which immediately started to
be filled with extremists and terrorists.

Turkey border are porous through which oil is exported by IS.


Individual jihadi donations by Arab Sheikhs.

UK REFERENDUM BREXIT

What is Brexit?
An unofficial word given to the exit of Britain from EU. Referendum to
leave European Union(EU) was held on June 23. UK has decided to leave
EU.
Britain = England+Scotland+Wales
UK = Britain + Northern Islands

Is this the first such referendum?

No, this is the second referendum on Britains relationship with the


European project.

In 1975, in a referendum on whether the U.K. should stay or leave


the European Community (Common Market) Area, the country voted for
staying in with a resounding 67.2 per cent vote.
What is referendum?
A referendum (in some countries synonymous with a plebiscite or a
vote on a ballot question) is a direct vote in which an entire electorate is
asked to vote on a particular proposal. This may result in the adoption of a
new law.
Why demand for Brexit?

People who are disadvantaged and feel left behind after the Britain
collaboration with EU

Trade and immigration policies on EU terms does not help many in


Britain

Limited trade and commerce: UK's relation have remained limited


within EU group and have been unable to progress on bilateral
agreements with China, India etc.

Multiplier -ve effect of Greece crisis to UK's economy: Refugee


absorption has resulted in stress on natural resources utilization of
developed economies like UK
Its possible impacts:

It will hurt Britains export competitiveness

Markets access to Europe will be hard to negotiate and Britain would


have to adhere to quality and product regulation of EU, in the context
of China, Chinese products, due to their quality and price have more
penetration in markets like EU

London trade market, where trade in euro transactions are more, it


would place London in a weaker position being outside of EU

London where more people in banking, finance and insurance are


from outside the country would reduce because then they will no
longer be able to take their pension rights and other conveniences that
a single labour market provides

Seceding from EU, Britain would appear weak in its military prowess
and its diplomatic relations, UK will remain member of NATO
What can be the possible impact on India?
Positive Impact:

Access to UK market : With the exit, Britain will have full control
over its economic policy and thus will act as a facilitator for Indias
easier access to its market

Investments : Britain on a lookout for partner countries after the


exit, would find India a bright spot in the slowing world economy.

Possibility of Bilateral Free Trade Agreement : The EU- India


FTA is stuck for years and with the Brexit a possibility of entering into
Bilateral FTA with the country will open up

Relaxation from the strict quality standards that EU currently


imposes which has resulted in bans on Indian products like mangoes in
the past in the Union.

Indian labour : Britain's industry and economic growth has


benefitted from the large number of immigrants it receives due to EU
refugee policy. Once the exit happens, the country will face labour
shortage which could be filled by Indian labour market.
Negative Impact:

Short term effect : Global currency volatility will affect Indian


rupee as well hampering Indias trade

Immigration controls : UK might implement immigration controls


affecting large number of Indian diaspora in the country

Would become tough for India to balance the relations between the
EU and Britain

EU countries will start imposing tariffs on British products, making it


far less attractive for Indian businesses like Tata Motors to have a
manufacturing base in the U.K
The United Kingdom, under the present government, wants to
either exit the European Union (EU) or wants to get more
autonomy from the EU. Why does UK wants to exit EU? Examine
possible implications for India if this happens. (200 Words)
The recently concluded elections in the UK returned the conservative
party back to power after it had promised to hold a referendum on
Britain's exit from the European
Union, termed 'Brexit', by 2017. The reasons behind British demand for
more
autonomy or outright secession from the EU are as follows:
1.
The UK contributes between 8 to 20 billion pounds to the EU budget
every year. This is a very big amount and resented by a lot of people.
2.
EU has laid down regulations on a number of issues like
immigration, agricultural standards etc. which conflicts with the
sovereign rights of the member countries.
3.
Immigration, in particular, especially from the eastern European
nations has been a major problem for the UK and it has not been able
to control it due to EU regulations.
India is a former colony of the UK and has close relationship with its
former ruler.
Any change in British policies will have a major impact on India. 'Brexit'
can
impact
India
in
the
following
ways:
1.

India has not had very good relationship with the EU. As Britain
moves out of EU, India could strengthen trade relationship with Britain.

2.

Such a move might lead to Scotland also seceding from the UK as it


wants to remain a part of EU. Hence, India would have to recalibrate it
relationship with all the members of the UK.
3.
Since a major reason behind the British desire to exit EU is the
immigration policy of EU, after exiting, Britain might have a very strict
immigration policy. Since many Indians also move to Britain for studies
and employment, this can have a large impact on India.
4.
India will also need to renegotiate all trade deals with the UK as its
previous deals with the EU would no longer apply. Hence, there will be
uncertainty in the business environment.
The prospect of 'Brexit' has terrified a lot of people. Not only will it lead to
a lot of
problems for the British people, but it also sets a precedent in
international relations, which could be applied to other treaties as well. In
the interest of stability, it is imperative that Britain and EU are able to
resolve their differences as early as possible.
VENEZUELA COLUMBIA BORDER ISSUE

Attack on Venezuelan Anti-smuggling patrol --> President of Venezuela


blames Columbian right-wing and close key border crossings.

Both countries recalls there Ambassador. State of emergency declared in


both countries. Deployment of troops on border.

Meeting held and decided to Restore Diplomatic Dialogue.

Why is the border of Concern? Safe Haven for Columbia's guerilla groups
and smugglers, who often extort locals. Smuggling causes severe
shortages of basic goods in Venezuela.

Why smuggling rampant? Venezuela's Oil Wealth fund controls and keeps
prices of goods lower (10 times cheaper than in Columbia). Thus leading
to smuggling.

WORLD TRADE PATTERN

It is said that the world is witnessing a shift in trade pattern


driven by various factors. Analyse this shift and examine what
this shift implies for India. (200 Words)
The

Shift

Post 2008 Sub-prime crisis, Keynesian macroeconomics model


entailed in the US, which is [was] based on improving the demand,
which encompassed massive bond buying and cheap money
quantitative easing programme. And similar Suit is followed by
Eurozone and Japan. This Resulted in Strengthening Rupee in respect
to various currencies"
Powerhouse of Trade China has been showing decreasing trade
numbers, both in exports and imports. Such is also affecting those
economies like Australia and brazil from which "raw material " was
sought by china
Now Meanwhile Commodities priced mainly energy viz. oil have
plummeted Hence it affected such Oil based economies. In this
scenario with greater money availability in those advanced economies
and lower value of Energy products have caused accumulation of
Surplus viz. Germany which is approx. 7-8% of GDP.

From past experiences, such surplus will be re-invested in "emerging


World"
The
Shift
and
its
Meaning
to
India:

Greater foreign investment


Well timed Diplomacy of Indian prime minister in his recent German
visit
Low Chinese trade number can help increasing Indian's export
competitiveness
Just with Conducive trade environment and red carpet and not red
tape can help in gaining from this environment
Rupee is strengthened as a result of past quantitative easing in
Advanced economies. Slight moderation and Watch over Yuan can help
boost the Indian economy

INTERNATIONAL INSTUTUES AND TREATIES


APEC

Basics of APEC:

The Asia-Pacific Economic Cooperation (APEC) is a regional


economic forum established in 1989 to leverage the growing
interdependence of the Asia-Pacific

APECs 21 members aim to create greater prosperity for the people


of the region by promoting balanced, inclusive, sustainable, innovative
and secure growth and by accelerating regional economic integration

The 21 members of the APEC forum, which comprises countries


bordering the Pacific Ocean including the U.S., China and Japan,

account for about half the worlds trade and almost 60 per cent of
global GDP
Analyse how APEC membership will benefit India's interests? (200
Words)
Asia Pacific Economic cooperation is a forum of 21 Pacific Rim member
countries which
seeks
to
promote free
trade
and
economic
cooperation throughout
the
Asia
Pacific
Region.
.
APEC seeks to promote trade and commerce between the members. In
this perspective it provides a great opportunity for the country citing the
recent upward trends in Indian economy and reforms like Make in
India etc. which will be requiring foreign markets to tap the full potential
and further build upon it by importing advanced technology from some
member countries who excel in it. Also it will fuse in the required capital
for industrial growth via the FDI route. This increased trade will not only
show positive balance of trade but will also create employment
opportunities in the country resulting into all round economic
development.
On other aspects APEC also provides with an chance to explore more oil
and gas reserves both for import purposes as well as exploration(ONGC
Videsh).Further APEC also works to raise living standards and education
levels through sustainable economic growth which is badly required in the
country citing the poor standards and 1/4th of the country's population
still
being
illiterate.
Further it will also strengthen India Look east policy by strengthening
relations with countries like Philippines, Vietnam, Japan etc. This along
with better economic relations with China can put pressure on them to
resolve the border issues with India. At the same time New Delhi needs to
be alert that it is not being used by Beijing to counter the Washington led
less inclusive Trans-Pacific Partnership and its domestic conditions are not
being
exploited
by
other
countries.
Being a member of APEC is a win-win situation for India which needs to be
utilized carefully to build upon its trade prospects and improved bilateral,
multilateral relations with member countries.
What is the status of India's membership?

India had applied for APEC membership in 1991 on the basis of its
geographic location, potential size of the economy and degree of trade
interaction with the Asia-Pacific.

However, at the fifth APEC Leaders meeting in Vancouver in 1997, a


decision was taken to place a ten-year moratorium on expanding
membership, which continues informally till date.

India is engaging with APEC member countries to develop a


consensus on lifting the informal moratorium on accepting new

members and to actively push for Indias candidature for membership


of APEC
On bilateral level, India has pursued every member and they favour
India's inclusion in APEC, including USA, Japan, China and Russia.

Where are things stuck now?

APEC members wants India to commit to binding concessions which


are not in favour of India
BILATERAL INVESTMENT TREATY

A BIT is a treaty between two countries that sets out to provide certain
basic protections to the investors of one state investing in another. For
instance, most such treaties provide investors a guarantee of fair and
equitable treatment the clause, to draw an analogy from constitutional
law, is broadly akin to the right of equality and protection against arbitrary
state action.

Also have MFN provisions, which guarantees an investor a treatment not


less favourable than a treatment afforded to any other investor claiming
rights under any other BIT.

It was only in end-2011 that India faced its first adverse arbitral award
arising out of a BIT in the White Industries case. White Industries, an
Australian entity, succeeded in obtaining a foreign arbitral award against
Coal India Ltd. White Industries had initiated proceedings for enforcement
of this award before Indian courts and for about 10 years, the said
proceedings did not progress. White Industries argued that it had been
denied effective means of enforcing its rights in relation to its
investment, a protection incorporated into the India-Australia BIT by virtue
of an MFN clause it contained. The arbitral tribunal accepted the plea and
India was forced to pay a huge price for the delays caused by its judicial
system.

Several other companies have filed similar suites after that. Indian
government is staring at an enormous liability arising out of these
actions.

As a reaction government wants to renegotiate BITs and a model was


drafted for renegotiation. Model protects interests of state and
have following features:

a) providing an extremely narrow definition of investment


b) deleting the MFN clause
c) providing for the exhaustion of remedies on the one hand and for the
decision of the court to be binding on the arbitral tribunal on the other and
finally
d) by providing for a number of exceptional self-judging state actions,
which would not be within the purview of challenge before an arbitral
tribunal set up pursuant to the dispute resolutions contained in the BIT.

Law Commission of India has provided his inputs and suggested a


balanced approach between states and investors interest. It
recommends:
(1). modification from a highly narrow enterprise-based definition of
investment to a broader and universally accepted asset-based
definition. An enterprise-based definition would mean that a foreign
investorwho did not set up an enterprise in India to carry on business
would have absolutely no protection.
(2). LCI reiterates the stand adopted in the Model Draft that the MFN must
not be incorporated since India might chose to provide differential benefits
to trading partners based on the extent of incoming investment from a
country.
(3). LCI encourages the incorporation of a denial of benefits clause,
wherein an investor is denied the benefits of a treaty should it be involved
in corrupt practices or should it act contrary to the laws of the country.
(4). Model Draft contained general exceptions with a long list of
permissible objectives such as public health, environment, public order,
public morals, improving working conditions, ensuring the integrity and
stability of the financial system, banks and financial institutions etc., and
it provided that any measures which the state considered to be in
furtherance of the above objectives would not be subject to scrutiny
before
an
arbitral
tribunal.

While having a set of exceptions is internationally recognised and is in


furtherance of sovereignty, the provision in the Model Draft provided the
state with the authority to self-judge, that is, to determine if a measure
would fall within the exception and not be subject to a challenge. The LCI
has suggested that the said provision be re-drafted so as to not be selfjudging.

CTBT

India should sign because:


(1). to respond to global developments in nuclear disarmament and arms
control as a responsible stakeholder in the non-proliferation regime
(2). to negotiate Indias entry into the global nuclear order
(3). to revive Indias long-forgotten tradition of campaigning for global
nuclear disarmament.

By signing the CTBT, India could signal its intent to help revive the global
arms control and disarmament momentum, despite being a nuclear
weapon state, thereby once again becoming part of the global
disarmament movement which it once was

Resistance to CTBT does not need to continue anymore given that


India does not intend to conduct any more tests (as declared in its
unilateral moratorium on nuclear tests). Hence accession to the CTBT can
be used as a bargaining chip to mainstream itself into the nuclear order.

Once India signs the CTBT, some of the other hold-out states are likely to
follow, such as Pakistan. Others like the U.S. (whose Senate is blocking the
ratification though the U.S. government has signed it) and China would
also come under pressure to accede to it. Thus India will be able to
reverse the current non-proliferation pressure which makes sense not only
from a strategic point of view but also from a normative perspective.
Signing the CTBT, then, is in Indias enlightened self-interest.

Why non-proliferation is failing?

most of the NPT regimes key pillars non-proliferation, nuclear


disarmament, and the peaceful uses of nuclear energy are under
immense stress, contributing to a systemic crisis.
Post the 2015 RevCon, both the nuclear-weapon states (NWS) the U.S.,
U.K., France, Russia, and China of the NPT and the disarmament
enthusiasts among the non-nuclear-weapon states (NNWS) seem to have
run out of ideas on how to revive the global nuclear order.

(1). Negotiations on fissile material cut off treaty was blocked by Pakistan
(2). CTBT is losing steam due to lack of enthusiasm by USA
(3). The primary reason behind this system failure is the unkept promises
by the NWS on the issue of global nuclear disarmament. The lack of any
progress on Article VI of the NPT, which deals with nuclear disarmament,
remains a stark reminder of the lopsided and flawed nature of the global
nuclear order.
(4). The complete absence of any progress on the grand bargain (that
the NNWS would not make nuclear weapons and the NWS would
eventually abolish the weapons they have) that lay at the heart of the
NPT-led non-proliferation regime, has eroded the normative core of the
global nuclear order.

Moreover, there is an unhealthy shift in the contemporary nonproliferation agenda. From the traditional concerns of non-proliferation,
nuclear disarmament, and the peaceful uses of nuclear energy, the focus
today has shifted to counter-proliferation and nuclear security, primarily
due to concerns about nuclear terrorism and the physical security of
nuclear material. It is likely that future state-sponsored non-proliferation
initiatives would eschew disarmament but deal with counter-proliferation,
with an emphasis on the potential use of force.

View against India:


Many of the promoters of the Humanitarian Initiative view Indias
exceptional treatment by the contemporary nuclear order as setting an
unhealthy precedent and damaging to the normative framework of the
nuclear order. Moreover, given the potential of the Humanitarian Initiative
to drastically alter the traditional non-proliferation agenda, Indias desire
to be accommodated in the global nuclear order is bound to hit major
roadblocks.

India's entry in NSG and MTCR is difficult due to this opposition of


exceptions given to India.

India and Nuclear disarmament

(1). India proposed an end to nuclear testing in 1954 after the U.S.
nuclear testing in Bikini Atoll
(2). India signed the Partial Nuclear Test Ban Treaty (PTBT) in 1963
(3). Rajiv Gandhis impassioned plea to the U.N. General Assembly in 1988
for phased nuclear disarmament.
(4). India played a key role in the negotiations to establish the
International Atomic Energy Agency (IAEA) and actively participated in the
negotiations on the NPT, but decided not to sign when it became clear
that it would become an unequal treaty.

Indias current engagement with the international nuclear order can be


described as its second coming, after its anti-nuclear activism from the
1950s to the 1980s. From being vehemently opposed to nuclear weapons
and any less-than perfect nuclear treaty, India today is open to
negotiating a Fissile Material Cut-off Treaty (FMCT) and is no longer as
opposed to signing the CTBT as it was in the mid 1990s.

Examine why India is still opposed to the Comprehensive Nuclear


Test Ban Treaty (CTBT). Do you think India should change its
stance on the treaty? Explain why. (200 Words)

Indias opposition to signing the CTBT is counterintuitive in the sense that


it was one of the first nations which appealed for a global immediate
Standstill Agreement against nuclear weapons testing and had played an
important role in building international consensus for the 1963 Limited
Test Ban Treaty. However, it decision against signing the CTBT is based on
the argument that the treaty is of a discriminatory nature.
Indias concerns arise from the fact that the CTBT bans all nuclear
explosions but is silent on the issue of nuclear disarmament, which is
essentially necessary to ensure a nuclear arms race. Also, the treaty is
discriminatory in the sense that countries like USA, Russia and China had
already conducted numerous tests before signing the treaty. Security
concerns against adversial countries like China and Pakistan have also
prompted India to maintain a strategic weapons programme.

Indias stance on the CTBT has been largely diluted due to the signing of
the 123 Agreement with USA, as the provisions of USAs Hyde Act
effectively bans all testing for entry into the NSG, and the IAEA Safeguards
Agreement through which India accepts implicit and irreversible curbs on
its
weapons
programme.
Signing the CTBT would benefit India with a relative pointless moral
victory. However, Indias stellar track-record on issues of non-proliferation
and peaceful usage of nuclear technology is sufficient to ensure that it is
considered a responsible nuclear armed country even while keeping the
option of pursuing a weapons programme in the future to protect our
sovereignty if the need arises.

COMPREHENSIVE CONVENTION ON INTERNATIONAL TERRORISM (ccit)

CCIT is a draft proposed by India in 1996 that is yet to be adopted by the


UNGA.
What does it call for?

Universal definition of terrorism: no good terrorist or bad terrorist.

Ban on all groups regardless of country of operation, cut off access


to funds and safe havens.
Prosecution of all groups including cross border groups.
Amending domestic laws to make cross-border terror an extraditable
offence.
It also addresses, among other things, the issue of Pakistans
alleged support for cross-border terrorism in south Asia.

Concerns expressed by various countries:

US + allies: concerns over definition of terrorism, including acts by


US soldiers in international interventions without UN mandate.

Latin American countries: concerns over international humanitarian


laws being ignored.

There are also concerns that convention will be used to target


Pakistan and restrict rights of self-determination groups in Palestine,
Kashmir etc.
DIPLOMATIC IMMUNITY SAUDI DIPLOMAT RAPE CASE

Rules regulating the conduct of diplomatic agents is codified under


the Vienna Convention on diplomatic relations (1961). They are:

Under Article 29 of the Vienna Convention the Diplomat


enjoys complete immunity against arrest or detention.

Under Article 29, the person of a diplomatic agent shall be


inviolable. He shall not be liable to any form of arrest or detention. The
receiving State shall treat him with due respect and shall take all
appropriate steps to prevent any attack on his person, freedom or
dignity

A diplomat enjoys immunity from the criminal jurisdiction of the


receiving State.

The immunity of a diplomat from the jurisdiction of the receiving


State (India) does not exempt him from the jurisdiction of the sending
State (Saudi Arabia) .

Waiver of immunity The immunity of diplomatic agents may be


waived by the sending State. While waiver of immunity in criminal
cases is not common, it is routinely sought but rarely granted.
So the only option with India is to declare the diplomat a Persona non
grata.
India has a moral and legal responsibility to get to the bottom of the case.
At the same time it is time for the international community to re-visit the
Vienna Convention, which offers a high degree of legal protection to
diplomats and their families in the countries where they are posted. The
convention was meant to enable diplomats to carry out their duties
without obstruction in the cold war environment. Using its provisions to
save diplomats facing charges of heinous crimes such as enslavement and
rape cannot be justified under any circumstances.

G4

India, Brazil, Germany and Japan


2004
Campaigning for U.N. Reforms, including more representation for
developing countries, both in the permanent and non-permanent
categories, in the UNSC
France supports inclusion of G4 and an African representative as
permanent member with no objection to the veto power being
extended to new permanent members. UK supports G4 as new
members but without veto power.

G20
Highlights of 2016 summit:

G-20 leaders have pledged to continue to work for a globally fair


and modern international tax system, foster growth and refrain from
competitive devaluation of currencies.

They will continue the work on addressing cross-border financial


flows derived from illicit activities, including deliberate trade misinvoicing, which hampers the mobilisation of domestic resources for
development.

They vowed to go ahead on the ongoing co-operation on Base


Erosion and Profit Shifting (BEPS), exchange of tax information, tax
capacity-building of developing countries and tax policies to promote
growth and tax certainty.

They also vowed to use all policy tools to achieve the goal of strong,
sustainable, balanced and inclusive growth. T

hey agreed at the summit that refugees are a global issue and the
burden must be shared.

They called for strengthening humanitarian assistance for


refugees.
Possible dimensions:

Is G20 relevant in present global context?

Is G20 able to tackle present global issues? How?


HAGUE ABDUCTION CONVENTION

The Hague Convention on the Civil Aspects of International Child


Abduction or Hague Abduction Convention is a multilateral treaty
developed by the Hague Conference on Private International Law (HCCH)
that provides an expeditious method to return a child internationally
abducted by a parent from one member country to another.

The Convention entered into force between the signatories on 1


December 1983.

The Convention was drafted to ensure the prompt return of children


who have been abducted from their country of habitual residence or
wrongfully retained in a contracting state not their country of habitual
residence.
The primary intention of the Convention is to preserve whatever
status quo child custody arrangement existed immediately before an
alleged wrongful removal or retention thereby deterring a parent from
crossing international boundaries in search of a more sympathetic
court.
The Convention appliesonly to children under the age of 16.
94 states are party to the convention. Philippines is the latest
country to accede to the convention.

Why in news?

The United States has urged India to join Hague Abduction


Convention to safeguard the rights of children born to Indian-American
couples

Almost a hundred children born to Indian-American couples are


facing an uncertain future due to the trauma of separation of their
parents and the complex legal issues involved
IBRD

18/04/2016

The International Bank for Reconstruction and Development (IBRD)


is an international financial institution that offers loans to middleincome developing countries.

HQ in Washington DC
ICC

This body (International Criminal Court) represents no one. It is a


political body. There are quite a few countries that also think
there is no justification for this body's existence. Critically
evaluate the given statement. How does ICC differ from ICJ? (200
Words)
There is a wide difference between ICJ and ICC, which makes ICC a dwarf
body
in
International
Politics.
Features
1.

2.
3.

of

International

Court

of

Justice ICJ

It is the primary judicial branch of United Nations and settles legal


disputes and provides advisory opinions submitted to it by its member
states.
ICJ
is
a civil
court.
UNSC

enforces

its

courts

rulings.

International
Court
of
Justice
is
one
of
the
most
important guarantors of peace, security and co-operation among

states.
4.

Funded by UNGA, all UN members are also member of ICJ.

Features

of

International

Criminal

Court ICC

1.

It was set up after the ad hoc tribunals to deal with Rwanda war
crimes proved ineffective. ICC is a criminal court. But most nations are
not a signatory to ICC including India, China, USA, Russia.

2.

ICC is based on the principle of complementarities. ICC was not


created to supplant the authority of national courts. However, when a
states legal system collapses or when a government is a perpetrator of
heinous crimes, the ICC can exercise jurisdiction. ICC is a court of last
resort.

3.

ICC ensures that those who commit serious human rights violations
are held accountable. Justice helps promote lasting peace, enables
victims to rebuild their lives and sends a strong message that
perpetrators of serious international crimes will not go unpunished.

4.

Funded by contribution from state parties to the Rome Statute;


voluntary contributions from the U.N; voluntary contributions from
governments, international organizations, individuals, corporations and
other
entities.

From above mentioned differences it believed that ICC ruling are not
binding on any state except parties, while UNSC is bound to judgement of
ICJ. Thus there is wider scrutiny of ICJ then ICC. So, importance of ICC for
many countries is not visible.
-----Recently ICC decided to open a preliminary examination of alleged war
crimes committed during Israels military offensive on Gaza in June
2014. This decision of the ICC follows Palestines accession to the Rome
Statute earlier this month and its acceptance of the jurisdiction of the ICC
over crimes committed in the occupied Palestinian territory, including
East Jerusalem, since June 13, 2014.
Palestinian President Mahmoud Abbas as well as Hamas have welcomed
this move, while Israel, which has signed but not ratified the Rome
Statute, has strongly denounced it.
Some of the points of criticism against the ICC are in fact valid.

These are that the juridical nature of the ICC tends to hinder the
peace process rather than build it, and that with an arguably grim
record the Court has been ineffective and slow in investigating crimes.

Also, Israel claims to be fighting the war against Hamas that it


considers a terrorist organisation; so the move of the ICC, it argues,

amounts

to

an

absurdity.

Such reasons, although partly true, still do not trump the need for an
international criminal justice system to adjudicate war crimes.

First, the role of the ICC must be clearly understood. The ICC is not
meant to be a political body mediating a peace process; it is envisaged
as a judicial body meant to end impunity and hold accountable those
who have committed the gravest of crimes. Given this, even if the ICC
may harm a peace process, which in the case of Israel-Palestine is
anyway in deadlock, the politics of peace cannot prevail over justice,
accountability for heinous crimes, and the upholding of dignity,
womens rights and other human rights.

Second, even if the ICC is a slow and ineffective mechanism, holding


those responsible for human rights violations in war crimes is
necessary.

Third, the investigation is against any person who may have


committed war crimes during the conflict. So, both Hamas and Israel
would be under the ICCs investigation.

A fresh appeal to the Security Council has been made to refer the
Islamic State to the International
Criminal Court (ICC) to prosecute it for its crime against
humanity. Examine the structure and mandate of
ICC and explain why referring to it cases such as Islamic States
crimes is sought for. (200 Words)
International Criminal Court (ICC) is the permanent, treaty-based (Rome
Statute) court of last resort for
handling charges of genocide, crimes against humanity and war
crimes. As an independent intergovernmental organization currently
having 123 state parties, its legislative body Assembly of State Parties has
representatives
from
each
of
these
states.
Structure: ICC has 4 principal divisions:
1.

Presidency - senior most judge chosen by peers in Judicial Division


that hears cases before the Court,
2.
Judicial Division
3.
Office of Prosecutor - investigates crimes and initiates proceedings
against judicial division.
4.
Registry - for administrative functions of ICC.
As for Islamic State, its brutality and ruthless killings in Iraq and Syria has
led to voices in support of
resolution of such cases through ICC. Its inhuman atrocities like:

Purging of ethnic groups like Yazidis,

Beheading of journalists and aid-workers,


Executions, rapes, forced conversions, torture,
Systematic destruction of historic shrines.

As all these acts come under categories of cultural genocide, war crimes
and crimes against humanity, it
demands swift action from the ICC, which on its part, also needs to shed
its image of being biased against
Africa and gain wider legitimacy.
ICJ
Examine the scope and significance of the International Court of
Justices (ICJs ) jurisdiction. Also examine how has India
benefited
from ICJ. (200 Words)
The International Court of Justice (ICJ) is a principal judicial arm of the
United
Nations. It is headquartered at the Peace Palace, The Hague, Netherlands.
The
International Court of Justice has two types of jurisdictions. These are
1.
Contentious Jurisdiction - The ICJ acts as a world court. As such it
decides
disputes of a legal nature submitted to it by member states. This comes
under
Contentious Jurisdiction. However, the ICJ only has jurisdiction over any
dispute, if the both concerned parties (states) submit to the jurisdiction of
ICJ.
This can be done in two ways
Voluntary Jurisdiction - Under this, a state accepts jurisdiction of ICJ
for a particular case or class of cases.
Compulsory Jurisdiction - Under this, the jurisdiction of ICJ is
mandated by a treaty or a pre-existing agreement.
2.
Advisory Jurisdiction - Under this, the other arms of United
Nations or other
international bodies can approach ICJ for a non-binding legal advisory
opinion on a particular issue.
In 1974, India made a declaration by which it made jurisdiction of ICJ ipso
facto
compulsory with certain reservations. India has been party to 5 cases at
the ICJ but
only one of them was referred by India.
1.
In 1954, Portugal referred a case to ICJ against India denying it right
of
passage to the then Portuguese territories of Dadra and Nagar Haveli.
The

case was decided in India's favour in 1960.


2.
In 1971, India referred to ICJ the question of jurisdiction
of International Civil
Aviation Organisation (ICAO) to decide on Pakistan's protest against being
right overflight and landing rights by India. ICJ however, ruled against
India
in this case.
3.
2013-14, Kishen Ganga project- ruled in favour of India against
Pakistan
4.
2014-15, Marshall islands dragged India over obligations
concerning nuclear
disarmament- in process
In addition, India's image has been enhanced by the Indian judges who
have been
appreciated for their knowledge, legal acumen and diplomacy
IDA
18/04/2016

The International Development Association (IDA) is an international


financial institution which offers concessional loans and grants to the
worlds poorest developing countries.

HQ in Washington DC

Recent issue: India is no longer eligible for IDA fund because India
per capita income is greater than $1260, so its a debate whether India
will be a beneficiary because India really needs support from it
IMF
29/01/2016 IMF reforms comes into effect. Indias voting rights increase
to 2.6 per cent from the current 2.3 per cent, and Chinas, to six per cent
from 3.8, as per the new division. Russia and Brazil are the other two
countries that gain from the reforms.
More than six per cent of the quota shares will shift to emerging and
developing countries from the U.S. and European countries. The combined
quotas or the capital countries contribute doubles to about $659
billion from about $329 billion.
Reforms were delayed due to non-approval of US congress as USA's voting
rights are marginally decreased in these reforms.
Benefit of IMF Reforms
Emerging market countries will now have more influence and access to
capital at the International Monetary Fund.
A countrys quota at the IMF determines its :
Voting power

Amount of financial resources it must provide to the IMF


Access to IMF financing

The amount of financing a member can obtain from the IMF (its access
limit) is based on its quota. For example, under Stand-By and Extended
Arrangements, a member can borrow up to 200 percent of its quota
annually and 600 percent cumulatively. However, access may be higher in
exceptional circumstances.
The larger a countrys quota, the more say that country has in the
governance of the international financial institution.

This latest reform will boost the quotas for all 188 members,
doubling the overall quota resources for the IMF.
The reform gives emerging economies such as Brazil and China
larger quota shares at the institution.
About 6 percent of quota shares will shift to emerging market
countries. As a result, quota shares of traditionally strong economies
such as the United States, Saudi Arabia and European countries will be
diminished.
The quota shares of the poorest member countries will largely
remain the same.
Executive Directors will now be appointed by ELECTIONS unlike
earlier.

Why reform was necessary?


To increase its legitimacy in the wake of competition by NDB. With its 'core
resources ' increased, it will now be able to better respond to the ongoing
financial crisis.
IMF decision is taken by 85% vote. With US alone has voting share of 18%
it has veto power over its decision.
US following ultra-soft monetary policy which is not good for the world
economy but still IMF is not doing anything (Its prime function of IMF
whereas on minor issue it gives advisory opinion to the developing
country.)
INDIAN OCEAN RIM ASSOCIATION
29/01/2016 IMF reforms comes into effect. Indias voting rights increase
to 2.6 per cent from the current 2.3 per cent, and Chinas, to six per cent
from 3.8, as per the new division. Russia and Brazil are the other two
countries that gain from the reforms.
More than six per cent of the quota shares will shift to emerging and
developing countries from the U.S. and European countries. The combined
quotas or the capital countries contribute doubles to about $659
billion from about $329 billion.

Reforms were delayed due to non-approval of US congress as USA's voting


rights are marginally decreased in these reforms.
Benefit of IMF Reforms
Emerging market countries will now have more influence and access to
capital at the International Monetary Fund.
A countrys quota at the IMF determines its :
Voting power

Amount of financial resources it must provide to the IMF

Access to IMF financing


The amount of financing a member can obtain from the IMF (its access
limit) is based on its quota. For example, under Stand-By and Extended
Arrangements, a member can borrow up to 200 percent of its quota
annually and 600 percent cumulatively. However, access may be higher in
exceptional circumstances.
The larger a countrys quota, the more say that country has in the
governance of the international financial institution.

This latest reform will boost the quotas for all 188 members,
doubling the overall quota resources for the IMF.
The reform gives emerging economies such as Brazil and China
larger quota shares at the institution.
About 6 percent of quota shares will shift to emerging market
countries. As a result, quota shares of traditionally strong economies
such as the United States, Saudi Arabia and European countries will be
diminished.
The quota shares of the poorest member countries will largely
remain the same.
Executive Directors will now be appointed by ELECTIONS unlike
earlier.

Why reform was necessary?


To increase its legitimacy in the wake of competition by NDB. With its 'core
resources ' increased, it will now be able to better respond to the ongoing
financial crisis.
IMF decision is taken by 85% vote. With US alone has voting share of 18%
it has veto power over its decision.
US following ultra-soft monetary policy which is not good for the world
economy but still IMF is not doing anything (Its prime function of IMF
whereas on minor issue it gives advisory opinion to the developing
country.)

TheIndian Ocean Rim Association (IORA), formerly known as the Indian


Ocean Rim Initiative and Indian Ocean Rim Association for Regional
Cooperation (IOR-ARC), is an international organisation consisting of
coastal states bordering the Indian Ocean.

The IORA is a regional forum, tripartite in nature, bringing together


representatives of Government, Business and Academia, for promoting
co-operation and closer interaction among them.
It is based on the principles of Open Regionalism for strengthening
Economic Cooperation particularly on Trade Facilitation and
Investment, Promotion as well as Social Development of the region.
The Coordinating Secretariat of IORA is located at Ebene,
Mauritius.
The organisation was first established as Indian Ocean Rim Initiative
in Mauritius on March 1995 and formally launched in 1997 by the
conclusion of a multilateral treaty known as the Charter of the Indian
Ocean Rim Association for Regional Co-operation.
The Indian Ocean Rim Association (IORA) is an international
organization with 21 Member States - Australia, Bangladesh,
Comoros, India, Indonesia, Iran, Kenya, Madagascar, Malaysia,
Mauritius, Mozambique, Oman, Seychelles, Singapore, Somalia (latest
member - joined in 2014), South Africa, Sri Lanka, Tanzania,
Thailand, UAE and Yemen.

Members are in Orange:

Objectives of IORA:

To promote sustainable growth and balanced development of the


region and member states.

To focus on those areas of economic cooperation which provide


maximum opportunities for development, shared interest and mutual
benefits.

To promote liberalisation, remove impediments and lower barriers


towards a freer and enhanced flow of goods, services, investment, and
technology within the Indian Ocean rim.
NATO
18/04/2016
North Atlantic Treaty Organization

The organization constitutes a system of collective defence whereby


its member states agree to mutual defence in response to an attack by
any external party.

NATOs headquarters are located in Haren, Brussels, Belgium


NEW DEVELOPMENT BANK

18/04/2016
New Development Bank:
It is a multilateral development bank operated by the BRICS states (Brazil,
Russia, India, China and South Africa).

The New Development Bank was agreed to by BRICS leaders at the


5th BRICS summit held in Durban, South Africa in 2013. The bank,
with authorized capital of $100 billion, started work last year.

The bank will be headquartered in Shanghai, China and its first


President is Kundapur Vaman Kamath.

Unlike the World Bank, which assigns votes based on capital share,
in the New Development Bank each participant country will be
assigned one vote, and none of the countries will have veto power.
Main role of the bank:
The New Development Bank will mobilise resources for infrastructure and
sustainable development projects in BRICS and other emerging
economies and developing countries, to supplement existing efforts of
multilateral and regional financial institutions for global growth and
development.
Benefits:

The establishment of the Bank will help India and other signatory
countries to raise and avail resources for their infrastructure and
sustainable development projects.

It would also reflect the close relations among BRICS countries,


while providing a powerful instrument for increasing their economic
cooperation.

It is expected to allow India to raise and obtain more resources for


the much needed infrastructure development, the lack of which is
coming in the way of inclusiveness and growth as of now.

It will make available additional resources thereby recycling the


savings accumulated in emerging countries which are presently being
locked up in Treasury bonds having much lower returns
NPT AND ITS FAILURE

Treaty on Non-Proliferation of Nuclear Weapons


1.
Objective:

to prevent the spread of nuclear weapons and weapons


technology,

to promote cooperation in the peaceful uses of nuclear energy


and

to further the goal of achieving nuclear disarmament and


general and complete disarmament.
2.
The Treaty represents the only binding commitment in a
multilateral treaty to the goal of disarmament by the nuclear-weapon
States.

3.
4.

entered into force in 1970.


A total of 190 parties have joined the Treaty, including the five
nuclear-weapon States.
5.
Treaty establishes a safeguards system under the responsibility of
the International Atomic Energy Agency (IAEA).
During the Cold War, another myth got generated that the best route to
nuclear disarmament lay through nuclear non-proliferation. The Treaty on
theNon-Proliferation of Nuclear Weapons(NPT) took shape during the
1960s and today enjoys widespread adherence. It may have helped
prevent proliferation but even its staunch supporters are hardpressed to show that it has made any impact on nuclear arms
reductions. The fact that the five countries acknowledged as nuclearweapon-states in NPT are the same as the five Permanent Members of the
United Nations Security Council (UNSC) may have been a coincidence in
the 1960s, but today, is a liability that diminishes the NPT.
Ex. Of failures:
The NPT framework cannot accommodate Indias position or
tackle Chinas flagrant assistance to Pakistan; its review conferences
have
repeatedly
failed
in
grappling
with Israels
programme;
the Democratic Peoples Republic of Korea walked out of the treaty.
Clearly, the NPT has reached the limits of its success and even exhausted
its normative potential.
Todays nuclear world is very different from the bipolar world of the Cold
War dominated by the superpower nuclear rivalry. The centre of gravity
has shifted from the Euro-Atlantic to the Asia-Pacific region and this is a
more crowded geopolitical space without any overarching binary equation.
Different players have widely disparate nuclear arsenals and different
doctrinal approaches. Even as the number of variables and the number of
equations have grown, there is an absence of a security architecture in
the Asia-Pacific region.
Once every five years at the United Nations a conference is
held to review compliance with the 1970 Nuclear Nonproliferation Treaty and to advance nuclear disarmament. Just like
previous attempts, the 2015 conference also failed to advance its
objective. Critically examine why. (200 Words)
Recognizing the threat from nuclear arms to society, Nuclear capability
possessing
countries negotiated Nuclear non-proliferation treaty (1970) for pursuing
the goal of nuclear disarmament. Initially it made huge gains with its
membership increasing to 186 countries with only India, Pakistan and
south Sudan are non-members but its gains in recent past seems
plateauing due to below mentioned reasons:
1. Initially it was easy for US to dictate terms to other nuclear powers but
with

the shifting balance of power to China and its non-seriousness to the


cause
(Which reflect in its relationship with Pakistan and North Korea) does not
augur well for the quest of nuclear disarmament. Any decision in NPT
needs
to be arrived with consensus of all parties but such a situation seems
eluding.
2. Instability in Middle East and reticence of Israel to give away its
ambitions for
nuclear power can prove a poke in wheel towards this path.
Disagreement
between Israel and Egypt to arrive at regional disarmament agreement
could
fuel arms race in this region. Similar is the case with rivalry between India
and
Pakistan.
3. Deteriorating relations between West and Russia and lack of trust
between
these countries further complicates problems.
4. Diminishing authority of UN to prevent unilateral attacks by powerful
countries like Russia, US and Saudi Arabia will not help in winning the
confidence of weak states and they may pursue for nuclear deterrence.
There is need to re-look discriminatory provisions of NPT in this multi polar
world
where only a select few could possess nuclear weapon and rest of them
will follow
their dictates. Need of the hour is an international arrangement of
complete
disarmament with provisions of monitoring and verification.
Considering ongoing geopolitical conflicts across the world, do
you think Non- Nuclear States should push Nuclear States
towards disarmament of their nuclear weapons? What factors
have determined Indias stance on disarmament? Critically
discuss.
(200
Words)
[1]
Only attack on Japan at the end of WW2, provided that any further use of
Nuclear weapon will bring human civilisation to an end. We have seen
peaceful journey of Nuclear Weapons through Cold War and initiation of
disarmament by START treaty. But, India and Pakistan tested nuclear
weapons and threaten regional peace. Illegal weapons in possession of
Israel
and
North
Korea
increased
such
threats.
The current situation in Gulf, African, and Latin American nations suggests
that 5-6 countries shall pursue nuke weapons if they got opportunity,
because there is still a feeling in third world nations that unless you

possess

nuke,

you

remain

unheard.

There is no need for US and Russia to keep their 800 nuclear warheads on
their respective SLBMs around the world. Disarmament is must to reduce
the risk of nuclear catastrophe.
But, any of such proposals from non-nuclear nations will be
ineffective.
India's stand on disarmament is justified. By not signing NPT and CTBT,
India made it clear that process of reduction of nukes should be initiated
from super Powers. But, Indias capacity to produce 100 tons weapons
grade plutonium and increase nuclear warheads from 100 to 1000 within
months is also a contrast to it international stand on disarmament.
Though
1.
2.
3.

such

ability

is

necessary

and

factors

affect

are:

Hostile geo-position surrounded by rogue nations


India's credible record of Nuclear Non-proliferation
India "No First Use policy" & "self-moratorium" on further tests

[2]
Nuclear disarmament refers to both the act of reducing or eliminating
nuclear weapons and to the end state of a nuclear-weapon-free world, in
which nuclear weapons are completely eliminated. Although key treaties
such as CTBT (not yet in force) and NPT have been signed, due to several
issues, these have failed to either stop nuclear proliferation or encourage
disarmament. The reasons for which Non-Nuclear States should push
Nuclear

States

towards

disarmament

are:

a.

High potential of humanitarian dangers from the use- deliberate or


accidental- of nuclear weapons by state and non-state actors
b.
Rather than acting as factors of deterrence, nuclear weapons have
only made the world far more insecure (Security Dilemma concept)
c.
A non-universal nuclear disarmament regime (in which the nuclear
weapon states are given indefinite rights of holding nuclear weapons)
is not only unfair to non-nuclear weapon states but also encourages
proliferation of nuclear weapons
Thus the non-nuclear weapon states should push NWS towards
comprehensive, time bound and verifiable nuclear disarmament. Although
India (especially Nehru) was one of the first few states to have promoted
cooperation towards the goal of non-proliferation and a nuclear weapons
free world, it is not signatory to either NPT or CTBT. The factors that
determined
Indias
stance
on
disarmament
are:
a.

Indias suggestion of universal disarmament was not accepted. India


did not support the division of the world into nuclear haves and havenots

b.

No time bound, verifiable nuclear disarmament plan of the NWS has


been agreed to. Thus the NPT stopped only horizontal proliferation but
not vertical
c.
Indias geo-strategic considerations also play a role as we have two
nuclear neighbours with expansionist ambitions
However, by signing the Indo-US civil nuclear agreement, India has agreed
to IAEA inspections (recent signing of additional protocol) at 14 of its
facilities. We have been a responsible nuclear power with a commitment
to no first use policy and a self-issued moratorium on nuclear weapons
testing. India is now open to signing the NPT, but only if it is recognized as
a NWS.
Critically comment on the success of the Treaty on NonProliferation of Nuclear Weapons (NPT) in stopping proliferation
of nuclear weapons around the world. Looking at ongoing
geopolitical struggles around the world, do you think
non proliferation can be achieved? Discuss. (200 Words)
The Treaty of Non-Proliferation of Nuclear Weapons (NPT), which entered
into force in 1970, has the following objectives A.
B.
C.

Prevent the spread of nuclear weapons and weapons technology


Promote cooperation in the peaceful uses of nuclear energy, and
Achieve the general and complete nuclear disarmament.

Success of NPT in stopping proliferation of nuclear weapons around the


world
is
being
rightly
questioned
because:
1.

After 1970, when the treaty came into effect, four more countries
acquired nuclear weapons. These were India, Pakistan, Israel and
North Korea. So compliance isn't mandatory and non-compliance
doesn't have costs, or at least costs that can deter countries from
acquiring these weapons.
2.
The treaty is arbitrary and discriminatory and is seen by many
developing states including India as a conspiracy of the nuclear
'haves' to keep the nuclear 'have-nots' in their place.
3.
The NPT is state-centric and increasingly, the problem the NPT
faces come in the form of non-state actors and its suitability to deal
with
such
problems
is
at
best
debatable.
It is extremely difficult to imagine a completely nuclear arms free world
because
of
the
following
reasons:
1.

Flawed nature of the NPT that divides the world into nuclear haves
and have-nots
2.
Security dilemma which leads to nuclear arms race (as in the case
of India and Pakistan developing nuclear weapons; also seen in Saudi
Arabias case)

3.

The perception (often true) that possession of nuclear weapons


gives more prestige and respect in the international regime and a
sense of security
4.
Unwillingness of nuclear weapon states to move towards complete
time-bound nuclear disarmament
5.
Lack of faith in collective security
What is NSG?

48 nation grouping that controls nuclear related exports.


Setup in 1974 to counter India's nuclear tests.

What are the benefits of being an NSG member?

NSG members can trade in and export nuclear technology.

Members gets timely information on nuclear matters.

Members contributes by way of information.


What are the conditions of NSG membership?

The ability to supply items on NSG control lists

Acting in accordance with NSG guidelines

A legally based export control system

Support international non-proliferation efforts

Membership of treaties like the NPT that require full-scope


safeguards.
Where does India stand against these conditions?

India fulfils the above mentioned criterions but does not meet the
last one.

However, it should be noted that these are not mandatory criteria


but only factors for consideration.

India has maintained an impeccable non-proliferation record


coupled with a strong commitment to controlling exports of nuclear
materials, equipment and technologies.

The exceptional waiver provided by the NSG in 2008 was an


acknowledgement of Indias non-proliferation record.
Why does India wants to become a member of NSG apart from
above benefits?

It will improve legitimacy of India's nuclear programme and India


can sign nuclear deal with more countries for civilian use.

India will become an active member in stopping the proliferation of


nuclear material . Will get more information about how much nuclear
material is possessed by which country. 2 of its neighbour are nuclear
state which threat to India's security.

Many countries have refused to signed civil nuclear deal with India
because it is not a signatory of NPT or not a member of NSG. Eg. Japan.
For India's energy security Nuclear reactors are necessary.

What is the status of India?

India has sought NSG membership since 2008.

As 48 member NSG works by consensus, not majority, India is


reaching out to every possible country.

Earlier:
o
NSG asked India to sign NPT before it could be admitted
o
India demanded that it should be recognised as a "nuclear
weapon state"

Now:
o
Softening of stance.
o
Instead of signing NPT, India has to align its civil nuclear
safeguards with NSG guidelines.
o
There has been growing appreciation for Indian nuclear
controls and capabilities since 2008.

But, China supporting Pakistan's membership in NSG. When NSG


decides on India's membership it would open the way for other nonNPT states like Pakistan and Israel as well.
17/05/2016
Chinas announced that it intends to oppose Indias membership of the
Nuclear Suppliers Group unless it agrees to sign the Non-Proliferation
Treaty (NPT).
24/05/2016
What China Says?

India is not eligible for NSG membership because it has not signed
the nuclear non-proliferation treaty.

If India gets the membership, then Pakistan should get it as well.

China opposed India's bid in Seoul while other 32/48 members of


NSG supported it. (NSG decisions are based on consensus not based on
majority)
China's history in this regard:
China has itself violated nuclear non-proliferation treaty in past and
continues to do so:

After Indias 1974 atomic test, China signed a nuclear pact with
Pakistan in 1976, which facilitated the transfer of nuclear weapons
technology and missile production capabilities to Pakistan in the 1980s
and 1990s.

In a violation of NSG guidelines, China has sold additional nuclear


power reactors to Pakistan. China has now encouraged Pakistan to
apply for NSG membership and complicate Indias own efforts.

What is India's response to China's claim?


France was included in the elite group without signing the NonProliferation Treaty. India says, if France could become part of NSG, then
India Can.
Why India did not join NPT?
India was one of the founder member of disarmament movement. But
when NPT got finalised, India opposed it due to its discriminatory nature.
India supports nuclear disarmament which will be possible when 5
recognised nuclear states commit themselves to destruct their nuclear
stockpile. But, NPT allows them to keep their nuclear stockpile. NPT only
restricts proliferation of nuclear technology. So, as per India, NPT divides
world in nuclear haves and have-nots, which India opposes.
Indias nuclear non-proliferation record :
1.
India has maintained an exceptional record in nuclear nonproliferation despite not being any under legal obligation. India had
been an ardent supporter of complete nuclear disarmament in all major
international floras such as NAM, UN etc.
2.
It has maintained a strong commitment to controlling exports of
nuclear materials, equipment and technologies.
3.
After 1998 nuclear tests when India became a nuclear weapon state,
India tightened its systems further by introducing new laws and for
nearly a decade, has been a voluntary adherent to the NSG guidelines.
4.
It has been a voluntary adherent to the NSG guidelines for last one
decade.
5.
The exceptional waiver provided by the NSG in 2008 was an
acknowledgement of Indias non-proliferation record.
6.
India pledged to subject its nuclear facilities under IAEA safeguards
and currently 14 out of 23 nuclear reactors are already under IAEA
safeguard.
7.
Autonomous institute like AEC to keep strict vigil on nuclear
facilities; advanced security provisions in nuclear sites; stable
democracy with diffused decision making power
Also, Indias need for developing nuclear weapons is not driven by any
misguided agenda to pursue regional dominance or to strong arm
neighbouring states, but by pragmatic realization of threat from China and
Pakistan, both nuclear powered states, one communists and other failed
democratic state in the immediate neighbourhood. India has also
committed to the policy of no-first use.
How India's entry into NSG is good for the cause of nonproliferation?
1.
India has declared moratorium on the underground nuclear weapons
testing which is in accordance with the spirit of NPT. This shows that
India has abided by the non-proliferation rules even without being a
party to NPT.

2.

India has carefully drafted its Nuclear Doctrine and has mentioned
no first use, second strike capability and a policy of minimum
deterrence at the core. This means India will not use its nuclear
weapons unless it faced a nuclear attack. The development of INS
Arihant and India's Ballistic Missile Defence system shows that India
believes in defensive strategies rather than first strike capability.
3.
India has also signed an additional protocol with IAEA which allows it
access to all the civilian nuclear facilities and activities
4.
India may be today restricted by its meagre uranium reserve, but it
has the technical capacity to use its abundant Thorium reserves. It will
not be long before India loses interest in joining NSG. That will be a
blow to non-proliferation effort.
5.
India has technological capacity to work independently. This makes
India still more vital to non-proliferation efforts
NSG
What is NSG?

48 nation grouping that controls nuclear related exports.

Setup in 1974 to counter India's nuclear tests.


What are the benefits of being an NSG member?

NSG members can trade in and export nuclear technology.

Members gets timely information on nuclear matters.

Members contributes by way of information.


What are the conditions of NSG membership?

The ability to supply items on NSG control lists

Acting in accordance with NSG guidelines

A legally based export control system

Support international non-proliferation efforts

Membership of treaties like the NPT that require full-scope


safeguards.
Where does India stand against these conditions?

India fulfils the above mentioned criterions but does not meet the
last one.

However, it should be noted that these are not mandatory criteria


but only factors for consideration.

India has maintained an impeccable non-proliferation record


coupled with a strong commitment to controlling exports of nuclear
materials, equipment and technologies.

The exceptional waiver provided by the NSG in 2008 was an


acknowledgement of Indias non-proliferation record.

Why does India wants to become a member of NSG apart from


above benefits?

It will improve legitimacy of India's nuclear programme and India


can sign nuclear deal with more countries for civilian use.

India will become an active member in stopping the proliferation of


nuclear material . Will get more information about how much nuclear
material is possessed by which country. 2 of its neighbour are nuclear
state which threat to India's security.

Many countries have refused to signed civil nuclear deal with India
because it is not a signatory of NPT or not a member of NSG. Eg. Japan.
For India's energy security Nuclear reactors are necessary.
What is the status of India?

India has sought NSG membership since 2008.

As 48 member NSG works by consensus, not majority, India is


reaching out to every possible country.

Earlier:
o
NSG asked India to sign NPT before it could be admitted
o
India demanded that it should be recognised as a "nuclear
weapon state"

Now:
o
Softening of stance.
o
Instead of signing NPT, India has to align its civil nuclear
safeguards with NSG guidelines.
o
There has been growing appreciation for Indian nuclear
controls and capabilities since 2008.

But, China supporting Pakistan's membership in NSG. When NSG


decides on India's membership it would open the way for other nonNPT states like Pakistan and Israel as well.
17/05/2016
Chinas announced that it intends to oppose Indias membership of the
Nuclear Suppliers Group unless it agrees to sign the Non-Proliferation
Treaty (NPT).
24/05/2016
What China Says?

India is not eligible for NSG membership because it has not signed
the nuclear non-proliferation treaty.

If India gets the membership, then Pakistan should get it as well.

China opposed India's bid in Seoul while other 32/48 members of


NSG supported it. (NSG decisions are based on consensus not based on
majority)
China's history in this regard:

China has itself violated nuclear non-proliferation treaty in past and


continues to do so:

After Indias 1974 atomic test, China signed a nuclear pact with
Pakistan in 1976, which facilitated the transfer of nuclear weapons
technology and missile production capabilities to Pakistan in the 1980s
and 1990s.

In a violation of NSG guidelines, China has sold additional nuclear


power reactors to Pakistan. China has now encouraged Pakistan to
apply for NSG membership and complicate Indias own efforts.
What is India's response to China's claim?
France was included in the elite group without signing the NonProliferation Treaty. India says, if France could become part of NSG, then
India Can.
Why India did not join NPT?
India was one of the founder member of disarmament movement. But
when NPT got finalised, India opposed it due to its discriminatory nature.
India supports nuclear disarmament which will be possible when 5
recognised nuclear states commit themselves to destruct their nuclear
stockpile. But, NPT allows them to keep their nuclear stockpile. NPT only
restricts proliferation of nuclear technology. So, as per India, NPT divides
world in nuclear haves and have-nots, which India opposes.
Indias nuclear non-proliferation record :
1.
India has maintained an exceptional record in nuclear nonproliferation despite not being any under legal obligation. India had
been an ardent supporter of complete nuclear disarmament in all major
international floras such as NAM, UN etc.
2.
It has maintained a strong commitment to controlling exports of
nuclear materials, equipment and technologies.
3.
After 1998 nuclear tests when India became a nuclear weapon state,
India tightened its systems further by introducing new laws and for
nearly a decade, has been a voluntary adherent to the NSG guidelines.
4.
It has been a voluntary adherent to the NSG guidelines for last one
decade.
5.
The exceptional waiver provided by the NSG in 2008 was an
acknowledgement of Indias non-proliferation record.
6.
India pledged to subject its nuclear facilities under IAEA safeguards
and currently 14 out of 23 nuclear reactors are already under IAEA
safeguard.
7.
Autonomous institute like AEC to keep strict vigil on nuclear
facilities; advanced security provisions in nuclear sites; stable
democracy with diffused decision making power
Also, Indias need for developing nuclear weapons is not driven by any
misguided agenda to pursue regional dominance or to strong arm
neighbouring states, but by pragmatic realization of threat from China and
Pakistan, both nuclear powered states, one communists and other failed

democratic state in the immediate neighbourhood. India has also


committed to the policy of no-first use.
How India's entry into NSG is good for the cause of nonproliferation?
1.
India has declared moratorium on the underground nuclear weapons
testing which is in accordance with the spirit of NPT. This shows that
India has abided by the non-proliferation rules even without being a
party to NPT.
2.
India has carefully drafted its Nuclear Doctrine and has mentioned
no first use, second strike capability and a policy of minimum
deterrence at the core. This means India will not use its nuclear
weapons unless it faced a nuclear attack. The development of INS
Arihant and India's Ballistic Missile Defence system shows that India
believes in defensive strategies rather than first strike capability.
3.
India has also signed an additional protocol with IAEA which allows it
access to all the civilian nuclear facilities and activities
4.
India may be today restricted by its meagre uranium reserve, but it
has the technical capacity to use its abundant Thorium reserves. It will
not be long before India loses interest in joining NSG. That will be a
blow to non-proliferation effort.
5.
India has technological capacity to work independently. This makes
India still more vital to non-proliferation efforts
PERMANENT COURT OF ARBITRATION
The Permanent Court of Arbitration (PCA) is an international organization
based in The Hague, the Netherlands. The PCA was created in The Hague
by treaty in 1899.

It is not a court and does not have permanent judges. The PCA is a
permanent bureaucracy that assists temporary tribunals to resolve
disputes among states (and similar entities), intergovernmental
organizations, or even private parties arising out of international
agreements.

The cases span a range of legal issues involving territorial and


maritime boundaries, sovereignty, human rights, international
investment, and international and regional trade.

The decision of the arbitrators is binding in all cases on the parties.


Why in news? In its interim ruling, the UNs Permanent Court of
Arbitration in The Hague ruled that Sergeant Salvatore Girone be allowed
to return home until the dispute is resolved through arbitration
TRADE FACILITATION AGREEMENT (TFA)

India becamethe 76th member to ratifythe trade facilitation


agreement (TFA) ofthe World Trade Organization. Do you think
this will benefit India? Critically examine. (200 Words)

Background

In December 2013, WTO members concluded negotiations on a


Trade Facilitation Agreement at the Bali Ministerial Conference, as part
of a wider Bali Package

The purpose of the new WTO Trade Facilitation Agreement is to


expedite the movement, release and clearance of goods, including
goods in transit.

Trade Facilitation Agreement (TFA) aims to harmonise various nontariff barriers like custom procedures or administrative hurdles in the
developing & least developed countries with current practices in
developed countries

TFA will enter into force once two-thirds of members have


completed their domestic ratification process
Benefits in General
1.
Implementing the WTOs TFA will cut global trade costs by up to
15%
2.
Governments gain because efficient border procedures make them
able to process more goods and improve control of fraud, thus
increasing government revenue.
a.
It will increase customs revenues and reduce the incidence of
corruption by greater transparency, improved governance and
modernised border procedures
3.
Businesses gain because if they can deliver goods more quickly to
their customers they are more competitive
a.
Reduction of documentary requirements, processing of
documents before goods arrive, use of electronic payments, and
quick release of perishable goods which can further reduce costs
b.
Increase in the opportunity for India to integrate into global
value chains (GVCs) which are responsible for rapid expansion of
trade
4.
Consumers gain because they are not paying the costs of lengthy
border delays
Benefits to India (Apart from above)
1.
Make In India (MII) : Simplified custom & administrative procedures
would attract much needed foreign investment for success of MII
2.
Indo-EU Free Trade Agreement (FTA) : TFA would help harmonise
non-tariff barriers between India & EU & thereby give impetus to long
standing Indo-EU FTA
3.
APEC Membership : Simplified procedures would soften India's
image as hard bargainer which currently hindered our APEC
membership
4.
Trade : TFA would facilitate trade with developed countries thereby
help Indian Economy to grows further.
Challenges:

Implementation still poses a challenge to resource-strapped


developing countries.
India could loose a bargaining chip to secure its interests like finding
a permanent solution to the issue of public stockholding for food
security purposes and a mechanism to safeguard poor farmers from
sudden import surge of farm products
Start Up India (SUI) : Given SUI at its initial stage, it needs
government protection in the form of some trade barriers before
opening to open competition

Way forward
The availability of international donor assistance will help governments in
developing countries shore up domestic support for implementation. India
also needs to ensure infrastructure development, market integration
reforms, tax reforms, development of demographic dividend, agricultural
revolutions (in terms of ensuring low carbon footprint, less water
consumption, organic farming) etc. to take the advantage of trade
facilitation agreement
Therefore, TFA is new area in policy decision which will bring down the
redtepism in border delays and help the integration of small business with
international trade.
Why India is pushing for TFA in services?

Service sector has huge potential and it contributes significantly to


the countrys economy.

It will pave the way for better negotiations on services at the


bilateral and regional Free Trade Agreement negotiations.

India wants that there should be some distinction between


temporary movement of professionals and (permanent) migration.

A global pact on services trade facilitation will also help in providing


greater clarity in case of disputes arising out of visa-related
restrictions.

In that regard, India has laid that TFA in services will ease the flow of
temporary movement of software, accounting, medical and consulting
professionals as well as similar skilled workers.

TFA in Services will also ease the flow of global services trade.
Related Post:

WTO
TPP TRANS PACIFIC PARTNERSHIP

http://asiafoundation.org/in-asia/2015/09/09/tpp-and-rcep-boon-or-banefor-asean/
http://www.insightsonindia.com/2015/10/10/insights-into-editorials-twosides-of-trans-pacific-partnership-pact/

40% o world GDP


Pact would boost growth in the US as well as the Sian economies
Against:
o
US people - It would only help American companies send jobs
abroad
o
Non- US - It would benefit large corporations, particularly
American big pharma, with the common people at the receiving
end. It would reduce access to generic medicines in developing
countries.

About the Trans-Pacific Partnership:

TheTrans-Pacific Partnershipis headed by the US and includes


Australia, Brunei, Canada, Chile, Japan, Malaysia, Mexico, New Zealand,
Peru, Singapore, and Vietnam.

The agreement covers 40% of the worlds economy.

It would set new terms for trade and business investment among
the United States and 11 other Pacific Rim nations.

It would phase out thousands of import tariffs as well as other


barriers to international trade. It also would establish uniform rules on
corporations intellectual property, open the Internet even in
communist Vietnam and crack down on wildlife trafficking and
environmental abuses.

Attempt to balance China

TPP seeks to ease the flow of goods, services, and investment


among its members and to strengthen the rules on labour standards,
environmental issues, origin criteria, and intellectual properties.
What the supporters say?

It would be a boon for all the nations involved. It would unlock


opportunities and address vital 21st-century issues within the global
economy.
What the opponents say?

Opponents in the United States see the pact as mostly a giveaway


to business, encouraging further export of manufacturing jobs to lowwage nations while limiting competition and encouraging higher prices
for pharmaceuticals and other high-value products by spreading
American standards for patent protections to other countries.

A provision allowing multinational corporations to challenge


regulations and court rulings before special tribunals is drawing intense
opposition.
Why the US is interested in this pact:

The pact is a major component of President Obamas pivot to Asia.


It is seen as a way to bind Pacific trading partners closer to the United
States while raising a challenge to Asias rising power, China, which has
pointedly been excluded from the deal, at least for now.

It is seen as a means to address a number of festering issues that


have become stumbling blocks as global trade has soared, including ecommerce,
financial
services
and
cross-border
Internet
communications.

From <http://www.insightsonindia.com/2015/10/06/insights-daily-currentevents-06-october-2015/>
Impact on India:

According to one estimate, trade worth $2.7 bn will be diverted


away from India.

Cost will be even higher if India is unable to participate in global


Supply chains due to the TPP rules on standards, labour and
environmental policies.

Further, standardisation of IPR across TPP countries and rules on


expropriation may make it more difficult for India to attract Foreign
Investment over, say, Vietnam.

TPP will alter India's bargaining power & negotiation positions.

For India it might signal erosion of the competitive edge its goods
and services enjoy especially in the traditional market of EU & US. India
might also have to meet the challenge of a new rule bound trade
architecture
India - Way Forward:

Must act in a proactive manner - exporters need to convert


imminent threat into opportunities
Policy makers should adopt a more give and take attitude in trade
matters without compromising on India's need for food security
It has been reported that China will soon seek membership to TPP, a
move India should emulate, if possible

It is said that the Trans-Pacific Partnership (TPP) Agreement, the


first of the so-called mega-regional trading blocs that are
currently being negotiated, is also the most important economic
integration agreement that is being negotiated since the
establishment of the World Trade Organization (WTO) two
decades ago. Critically analyse the possible implications of this
agreement, if it comes into fruition, on India and the world. (200
Words)
The consensus based working of WTO has led to trade powerhouses
conclude their own agreements in line with their geopolitical interests.
One is the US led Trans Pacific Partnership (TPP) which will have 12 Pacific
nations while the other is China led RCEP.

TPP nations cover about 30% of the global trade. TPP is promoted by the
US for two reasons mostly.

One is to promote US manufactured goods and hence encourage


exports from its farmers and small industries.

Second is to gain a foothold in the East Asian region which is


dynamically most important and if left, China will surely dominate it
The TPP agreement will have significant impact on India and there are
questions about whether India should join TPP or not.
Positive impacts:
1.
India will be a part of a trade bloc whose standards are higher than
WTO and is aimed at containing China.
2.
TPP is more about services and India has service sectors
contributing 70% of GDP.
3.
India will have a duty free access to Latin American markets and
increase its exports outreach which India will not have otherwise.
4.
European Union will be forced to conclude agreements with India
which seems distant now.
Negative impact:
1.
Covers 30 percent of global trade, so it will undermine WTO. It is
seen as an attempt to embark trade barriers and preserve western
countries dominance. They might give preferential treatment to each
other
2.
Indian economy yet to take off and success of various programmes
like Make in India depend on integration with global value chain. It will
also enforce good governance, IP laws.
3.
The Economic Survey says that India needs to modify its
environmental, labour laws, Intellectual property rights and standards
in tune with those of USA. This is big bone of contention given
immense fallouts on drug prices, employment opportunities and the
fact India is on priority watch list in Special 301 report.
4.
The US agricultural goods will flood our markets so our farmers will
be at serious disadvantage.
Hence the compliance cost for India will be high to pay and given our
socio economic goals, it is better to stay out of TPP, as has been
articulated in our Foreign Trade Policy 2015. India can join RCEP whose
standards are not stringent and is more about manufacturing.
But if TPP comes to fruition it would mean erosion of our traditional
markets in US
and we might have to establish manufacturing base in Latin America.
Critically examine how will India's participation in the Trans
Pacific Partnership (TPP) and the Regional Comprehensive
Economic Partnership (RCEP) would affect its trade and strategic
interests. (200 Words)

TPP and RCEP represent next form of geopolitical arrangements as


different from bipolar world that has existed post Second World War. India
with its traditional nonaligned status has to join one of these blocks to
rake up benefits of multilateralism
that will effectively integrate it into globalized world.
Positives of joining TPP or RCEP
1.
Will provide more markets for sectors it has expertise in. E.g.
pharma, IT products, textiles
2.
Higher levels of quality and IPR protection will incentivize Indian
industry and make it competitive
3.
Any of these trade blocks will bring in much-needed investment
flow, technology and best practices
4.
Joining TPP will give access to hitherto unexplored markets like Latin
America leading to diversification of exports
5.
Joining RCEP will contain any fears from Chinese side that India is
actively participating in US Asia pivot strategy and could balance
bilateral trade deficit
6.
Participating in TPP, on the other hand, will bring India closer to USA
countering any Chinese bullying in Asia
7.
RCEP:
a.
The quality, environment and labour laws are not so stringent.
Moreover, China itself is a gross violator.
b.
Timetable for adherence is quite lenient and flexible.
c.
Adequate protection can be provided to domestic industries.
On the other hand, there is also possibility that RCEP could become
a roundabout passage through which cheap Chinese goods will flood
our markets because India is a major player in the RCEP
negotiations and is under pressure currently to bring about steep
reductions in its tariffs.
Negatives
1.
Since IPR protection levels are quite stringent to the present WTO
levels India complies with, Indian industry, agriculture and cyberspace
may reel under strict patent regimes, for which they need a predetermined transition period and resources
2.
This may also aggravate India's import dependency as barriers will
have to be kept low, affecting India's unorganized and MSME segments
3.
Strategically, ceding ground to the bloc leader like US (TPP), China
(RCEP) will hamper autonomy in decision-making at international level
4.
Programs like Make in India could take a hit due to domestic
companies being exposed to efficient, well-capitalized peers abroad
5.
With RCEP, China would aim to increase its influence in Asia pacific
as a soft power which might affect Indian interest vis a vis this region.
In resolving this dilemma both economic interests as well as strategic
autonomy will

have to be factored in for India to take full benefits of trade blocs. So,
India can
follow Chile's example where it held steadfast to its demands, while still
being
involved in the TPP negotiations, so that India is not wholly dependent on
China led
bloc.
Why do you think the Trans Pacific Partnership deal failed? Does
this failure affect India? Critically examine. (200 Words)
The Trans Pacific Partnership is a proposed trade agreement between US
and Pacific Rim nations like Australia, New Zealand, Japan and Singapore.
It aims to lower tariff
barriers, build a consensus on IPR s and set standards for labour and
environmental
law. The reasons TPP has failed are:
1.
Trade barriers-The countries that are taking part in TPP talks have
robust domestic industries or sectors which need protection from
foreign competition.
2.
Burden on smaller nations-Smaller nations may not be able to
comply with stringent labour laws as required by the TPP. The US is
trying to dominate negotiations, raising concerns among other nations.
3.
Domestic opposition-The TPP is viewed as supporting the interests of
the rich thus inviting strong domestic opposition. Political leaders
cannot afford to push the TPP through at the cost of alienating the
electorate.
4.
Copyright rules-Strict laws are proposed by the TPP to protect
copyrights. In the pharma sector this may cause essential medicines to
be out of the common man's reach.
Impact on India
1.
Trade diversion-If the TPP had gone through the member nations
exports would have become very competitive. This would have been at
India's cost.
2.
Regulatory harmonisation-South East nations signing the TPP would
have benefited from favourable conditions in IT sector. India's reliance
on IT sector would have worsened the situation.
3.
Forced liberalisation- To compete with the liberal trade rules notified
by TPP members, India would have to go for environmental and labour
standards its industry cannot handle.
The failure of the TPP is only a temporary reprieve for India. India must
push
through the Regional Comprehensive Economic Partnership and FTA s with
EU and
other nations to protect its industry against TPP.

----

Zero-duty access to the US textiles as against the 14-30 % duties


that Indian Exporter will have to pay
TPP requires clothing to be made from yarn and fabric manufactured
in one of the free trade partner

TRADE FACILITATION AGREEMENT (TFA) FOR SERVICES

It is a proposed pact
It is aimed at making it easier for services professionals and skilled
workers to move across borders for short-term projects
Its objectives include streamlining procedures for global services
trade, besides ensuring recognition at the WTO-level for services as a
tradable item by establishing a framework for clarity on definitions
and for settlement of disputes
India is pushing for this pact

TRIPS
TRIPS is an international agreement administered by the World Trade
Organization (WTO), which sets down minimum standards for many forms
of intellectual property (IP) regulations as applied to the nationals of other
WTO Members.

It was negotiated at the end of the Uruguay Round of the General


Agreement on Tariffs and Trade (GATT) in 1994.

TRIPS requires WTO members to provide copyright rights, covering


content producers including performers, producers of sound recordings
and broadcasting organizations; geographical indications, including
appellations of origin; industrial designs; integrated circuit layoutdesigns; patents; new plant varieties; trademarks; trade dress; and
undisclosed or confidential information.

The agreement also specifies enforcement procedures, remedies,


and dispute resolution procedures.
TTIP TRANSLATIC TRADE AND INVESTMENT PARTNERSHIP
Free trade deal between USA & Europe
Opposition in Germany contending that

TTIP is anti-democratic

It will lower food-safety, labour & environmental standards

Pact will hand over too much power to big MNC's at the expense of
consumer & workers
UN

The United Nations was intended to be a temple of peace, but


this once great global body has been overrun by the repressive
regimes that violate human rights and undermine international
security. In the light of its recent decision and the way it
functions, critically comment on the statement. (200 Words)
Like many other organisations, UN was also set up with some purpose.
Today it faces many hurdles in achieving those purposes similar to other
organisations. In the last 70 years it has become a global deliberative
body. It gives nations a platform to share their views. It has been
successful in negotiating peace and reaching out to affected population
with aid and other necessities in the times of war or natural calamities etc.
Its Millennium Development Goals have been game changer in giving
direction to make this world better place to live and spread the fruits of
development to hitherto side-lined populations. Many of its arms
like UNESCO, WHO etc. have been able to create the platform for sharing
best practices and helping nations rise on the Human Development
parameters.
At the same time it has also failed on many fronts. Powerful nations like
U.S., Britain etc. have several times attacked other nations without its
sanction. U.S. attack on Iraq, Libya, and Syria etc. has caused much
serious humanitarian crisis than these were facing during autocratic
rulers. It is not to say that autocracy is good but to say that U.S. attack
was ill considered. Similarly Russia's attack on Ukraine also caused many
problems.
Its inability to act upon challenges lie in following factors:

Sovereignty of nations: Nations participating in it are sovereign. U.N.


cannot be a global police. So, its ability to act upon any situation is
dependent upon the resource it has, which is again provided by
participating nations only.
Funding: U.N., for most of its programme, is funded by developed
nations. So, often, they decide terms to utilize those funds.
Even other resources like Peace Keeping Force, medicines etc. come
from participating nations.

What is "Responsibility to Protect" in UN context?


It is a doctrine which was adopted under Kofi Annan's regime in UN in
2005. This doctrine asked that sovereign states respect the human rights
of their citizens. When these rights are violated, then sovereignty
dissolves. An outside actor endorsed by the U.N. can then come in to
protect the citizens.
What is the issue in this doctrine?

It is not properly defined who gets to define the nature of a conflict and
who gets to intervene. Hence its use has been biased. For ex. In case of
Palestine and Libya, response of west is different while in both cases state
conducted atrocities on its own citizens.
BRICS countries see this doctrine as tool in the hand of west to change
regimes.
What are some of the instances when UN was used to propagate
Western interest?
1.
The US's invasion on Iraq in 2003 is the famous one. US invaded
Iraq in the name of promoting democracy, but the real motive was to
overthrow the incumbent govt. and curb Russia's influence in the
region and establish a puppet government of the USA, resulted
inkilling of half a million innocent childrenand therise of terror outfits
like ISIS.
2.
Similar interventions took place in countries like Yugoslavia in the
name of protecting its civilians but ended indisintegration of Yugoslavia
into six statesdespite the reluctance of China and Russia at the UN.
3.
However, when Western clients like Israel and countries of the Great
African Lakes massacred tens of thousands,no western states
intervened. This reflects thedouble standardof the westerners and led
to loss in credibility of UN.
UNSC
Facts:

The United Nations Security Council (UNSC) is one of the six


principal organs of the United Nations and is charged with the
maintenance of international peace and security.
Its powers include the establishment of peacekeeping operations,
the establishment of international sanctions, and the authorization
of military action through Security Council resolutions; it is the only UN
body with the authority to issue binding resolutions to member states.
The Security Council consists of fifteen members. Russia, the United
Kingdom, France, China, and the United Statesserve as the bodys five
permanent members. These permanent members can veto any
substantive Security Council resolution, including those on the admission
of new member states or candidates for Secretary-General.
The Security Council also has 10 non-permanent members, elected
on a regional basis to serve two-year terms. The bodys presidency rotates
monthly among its members.

Why India should be added?


After 2008 financial meltdown, India had been a member of G 20 to
help the world tide over a difficult situation

IAEA and NSG considers India as 'a state with advanced nuclear
technology' and sanctified India as a responsible member of the nuclear
community
However, India needs to dispel popular perception the India feels
comfortable in its role as 'a recessed power'
IS in - parts of West Asia, Yemen, areas around Caspian sea, pockets
in Central Asia, Afghanistan and Pakistan - India has long history of Islamic
scholarship, which can be used to counter IS by 'soft power' instead of
bullets and bombs.
Refugee crisis - India can showcase its inherent strengths, derived
from ancient civilizational traditions. During Bangladesh refugee crisis
India had shown both capability and remarkable resilience and India's
experience would prove useful for countries in Europe.
Apart from the relevance of size, ancient wisdom, culture and current
economic strength, India's role as a vital 21st century problem
solver cannot but add weight to its claims to membership of the Security
Council.

___
UNGA adopted a resolution to use a text as the basis for discussions on
UNSC reforms.
This also indicates that most countries in the General Assembly support a
restructuring of the UNSC. Meaningful reform of the Security Council is
overdue. The institution, formed to meet the challenges of the post-War
world, has struggled to cope with the dynamics of the post-Soviet Union
world order. In the past quarter century, the global order has seen
massive changes, from American unilateralism to the rise of multilateral
institutions such as BRICS. The developing nations, including India, now
play a larger role in both the international economy and politics. But these
changes are not reflected in the UN, where all critical decisions are still
being taken by the veto-wielding permanent members of the Security
Council.
Besides, the geopolitical rivalry among the permanent members has
prevented the UNSC from coming up with effective mechanisms to deal
with global crises. Syria is a case in point. Even as a humanitarian
tragedy is unfolding in Syria, there is no consensus in the Security Council
on how to tackle it. Even UN Secretary General Ban Ki-Moon admitted
recently that the UNSC had failed Syria.
If the UN still shies away from reforming the Security Council,
the possibility of the institution being side-lined by emerging powers

cannot be ruled out. The resolution adopted in the General Assembly


offers a chance to break the logjam.
But the road ahead is not easy. Three powerful members of the
UNSC Russia, China, and the U.S. are opposed to any major
restructuring of the Council. While Russia and the U.S. have said they
would support Indias UNSC bid, when it comes to proceedings at the UN
their positions represent a far cry from the promises they make at bilateral
meetings. The U.S. favours only a modest expansion of the UNSC, while
Russia doesnt want any change in the veto arrangement. Even if the
General Assembly members reach a consensus on reform, it could be shot
down by the permanent members. The permanent members should
realise that a more democratic and representative Security Council would
be better-equipped to address global challenges, and that there are more
pressing issues to be tackled at the global level than merely preserving
their prerogatives. The champions of reforms India, Japan, Germany and
Brazil, or the G4 should continue their multilateral diplomacy to build a
democratically evolved global consensus on restructuring the UNSC.
How effective has been United Nations Security Council in
addressing some of pressing security challenges faced by raising
extremism across the world? In the light of its mandate, critically
comment. (200 Words)
The United Nations Security Council (UNSC) is the most powerful body in
the United Nations, with primary responsibility for the maintenance of
international peace and security. It has five powerful countries (US, UK,
France, Russia, and China) as permanent members along with 10 nonpermanent members. Despite UN has been largely successful in ending
various conflicts, it is unable to address many challenges faced by raising
extremism
across
the
world.
1.

UNSC failed to enforce its resolution on Iraq, for cooperation and


transparency regarding various weapons. That led to the US invasion
on Iraq in the name of weapons of Mass Destruction.

2.

In 2003, Sudan erupted into conflict as various extremist groups


criticized and attacked the government for oppressing the nonArab. After three years, UN could dispatch its soldiers in a limited
manner. By 2010, an estimated 300,000 Sudanese civilian were killed.

3.

In 2012, China and Russia used their veto power and the UNSC
could not intervene in Syria. Since the Syrian civil war began, an
estimated
60,000
civilians
have
been
killed.

4.

UNSC is also unable to bring any resolution condemning Israels


action
against
Palestine,
following
US's
veto
power.

5.

UNSC do not have any concrete plan to deal with tensions in East
Jerusalem as well as the activities of radicalized and extremist groups
in Iraq, Syria, Ukraine etc.

Although UNSC can be credited for its peace-keeping missions in Haiti,


Congo, etc. The big issues of world peace terrorism, extremism, nuclear
proliferation cant be
entrusted upon a body which is more often paralytic than effective.
_____
Unilateral action by Saudi Arabia, USA and France in recent past has
undermined UNSC relevance.
Russia's intervention in Crimea and Georgia could not be stopped by UNSC
as negotiations failed due to hard stands of opposing sides.

Discuss the roadblocks India is facing in its quest for permanent


membership of the UN Security Council. Do you think permanent
membership is a necessity for India? Critically comment. (200
Words)
UN security council consists of two types of members: Permanent and
temporary. The five permanent members: US, UK, Russia, China and
France enjoy veto power. This provision has been widely criticized by
different nations. Also there is voice for increasing African, South American
and Asian representation in UNSC.
India has been a temporary member many times. It wants to secure
permanent membership in UNSC for its growing importance in world
affairs. But the Indian journey to UNSC Permanent membership seems
very difficult. Following are the major roadblocks:
1.
P5 Resistance: Permanent members never get to a consensus to
allow expansion of council and offer permanent seat to another
country. China being India's rival will always veto down any such
agreement for India. Thus this remains the biggest roadblock.
2.
India's economic contribution: Compared to P5 Countries India's
contribution to Security council budget is very minimal, which again
discredits its claim to join council as a permanent group.
3.
International
diplomacy: India
is
seen
as
a
soft
country, especially on matters related to middle east and gulf
countries. It maintains neutrality and puts its own interest before
taking a hard stance. This is misinterpreted by P5 countries as India's
inability to offer and sanction extreme measures. Especially US is not
comfortable with this behaviour.
4.
India's closeness with Japan will also be a major reason for China's
objection.

5.

The structure of UNSC is very complex. For India to be a permanent


members, it needs the nod off 2/3rd of the general members with the
support of P5 which requires an amendment to the UN charter act
6.
With superpowers like Germany and Japan already in queue, India's
admission is a farfetched dream.
Permanent membership is critical for India for following reasons:
1.
To improve India's global stature
2.
To help India reach at comparable level with its rival China
3.
To secure its neighbourhood from future combined interventions, if
any
4.
To bring equality of treatment and be the natural leader of
developing countries in security council.
Why such move would not bring any great change: Unlikely that India
would get veto power. At most Veto power might be diluted or gradually
done away with. The latter seems impossible though given the stiff
resistance of P5 countries. Hence it will be a waste of effort if no veto is
given.
India needs to be a permanent member as it has 1/6th of world's
population, largest democracy,7th largest economy and one of the
largest contributor to peace-keeping
troops, leader of developing countries and has a better say in global
platform and
deserves a strong position too.
India needs support of 129/193 members of UNGA for a seat in UNSC. It is
as obvious that Pakistan will raise Kashmir issue and China may veto
against the resolution. But India should not lose hope about UNSC reforms
it demanded from so long. It will be India's foreign policy test as how
much support it gains and become successful to break the dominance of
P-5 in UNSC and secure its position in the most powerful body of the
world.

WHO: STRUCTURE,ROLE AND ISSUES


Structure, History and Issues to be covered
Critically examine the role of World Health Organisation in
addressing various health issues across the world. Also write a
note
on Indias participation in WHOs activities. (200 Words)
Role WHO played:
1.
In initial years, WHO applied its technical and medical expertise to
initiate

disease
specific eradication
programmes
such
as malaria and smallpox (1967).
Later was a huge success while former was a failure.
2.
The adopting of Alma-Ata convention in 1978 focussing at basic
needs
approach with focus on primary health was a significant achievement
3.
Model list of essential medicines in 1977 and international code on
marketing
of breast milk substitutes were other achievements
4.
Health as significant component of MDG.
5.
WHO has helped countries including India in eradication polio
6.
Recently, WHO played major role in combating the epidemic threat
of Ebola
in African region. It has mobilised funding, personnel and resources for
this
purpose.
7.
WHO is now emphasizing community participation as a
necessary condition
for achieving high standards of health instead of hospital based
healthcare is
also a significant achievement. This has translated to policy changes in a
number of countries.
8.
It provides institutional leadership in combating Non-communicable
diseases
(NCDs), including heart disease, stroke, cancer, diabetes and chronic lung
disease, and mental health conditions - together with violence and
injuries
India's role in WHO
1.
Has donated 2.1m $ to WHO contingency fund and hence providing
resources
which decreases the health deficit across the world.
2.
By presiding the World Health assembly after 18 years, in the near
future
India's role will be substantial.
3.
Being one of the leaders in generic drugs market and low cost
vaccines, India is playing a constructive role in reducing health
inequities among and within LDCs.
WIPO
02/04/2016
The World Intellectual Property Organization (WIPO) is one of the 17
specialized agencies of the United Nations.

It was created in 1967 to encourage creative activity, to promote


the protection of intellectual property throughout the world.

It has currently 188 member states, administers 26 international


treaties, and is headquartered in Geneva, Switzerland.
Non-members are the states of Marshall Islands, Federated States of
Micronesia, Nauru, Palau, Solomon Islands, South Sudan and TimorLeste. Palestine has observer status.
India is a member of WIPOand party to several treaties
administered by WIPO.

WTO
Why WTO is loosing its significance?

Bilateral agreements like TTIP, TPP etc. are weakening the


multilateral arrangements that looked after the LDCs (Least Developed
Countries)

IPRs being used to curtail access to medicines in poorer countries

WTO TRIPS gives waiver to LDCs with respect to patent protection of


pharmaceutical products. This is being diluted/eroded in bilateral
agreements

These agreements are being made outside WTO


What should be India's stance?
Till now, India is rigid in its demands of say agricultural subsidies, access
to services etc. This rigidness has led to stalemate in WTO negotiations
and hence developed world is moving towards bilateral/multilateral
arrangements outside of WTO. Policy maker should adopt a more give and
take attitude in trade matters without compromising on India's need for
food security. The emergence of plurilateral agreements is a warning that
the world will simply pass by ignoring India's interest.
How India can negotiate?
India needs to identify its trade interest areas and propose alternative
negotiating templates. One such area is biopiracy, protection of traditional
knowledge, and the link between the WTOs Trade-Related Aspects of
Intellectual Property Rights agreement and the Convention on Biological
Diversity. There have been several instances of biopiracy in the past, of
Indian traditional knowledge, such as the patenting of the wound-healing
properties ofhaldi(turmeric). Being among the 12 mega biodiversity-rich
countries, India needs to bring this issue to the negotiating table in its
own free trade agreements.
What is Generalised system of preferences (GSP) system and its
impact on India?
Generalised system of preferences is a system of preferential treatment to
developing and Least Developed Countries(LDCs) to boost their exports.
Although the exemption was made to help developing countries and LDCs
to

compete with developed countries in the international markets,


the benefits have
accrued mainly to richer developing countries like India and Brazil.
Recent negotiations of renewal of GSP for Indian gem and jewellery
industry in the USA will boost the sector which is facing slowdown owing
to low global demand in the international markets. Similar negotiations
are also going with countries like Israel and Belgium.
The sector is extremely important for the Indian economy as it is labour
intensive
and export oriented. Any system that increases the export of India will
have a positive impact by providing employment, bringing in foreign
exchange. This has a cascading effect in the economy. So, such steps are
welcome and government of the day must engage in constructive
negotiations with developed countries for such concessions.
It is said that if India agrees to the commitments sought from it
by the developed countries at WTO, this would limit the policy
space of the government in respect of certain categories of farm
subsidies. Do you agree? If so, how should India respond to the
demands made on it? Critically discuss. (200 Words)
The demands from the developed countries seeking India's (and other
developing
countries) commitments to make cut on their farm subsidies in
the ongoing
negotiations under the Doha Round, would limit the policy space of the
government in respect of certain categories of farm subsidies. This can be
attributed to following main reasons.
1.
Would jeopardize the food security programme that aims to cover
nearly 70% of the population. The government would lose its flexibility
to determine the extent and size of its food programme in future due to
obligations imposed by these commitments at WTO .
2.
MSPs support to farmers would be limited by WTO restrictions
,bringing further woes to the already distressed farm sector in India
facing declining farmers' incomes and rising cost of production.
3.
Various priority based sectorial subsidies on farm equipment
,agricultural inputs and certain crops that farmers are encouraged to
grow in order to increase productivity ,would have to be slashed .
4.
Farmers support measures like farm loans ,subsidy on exports of
their agricultural products , tariffs imposed on imported agricultural
goods in the domestic markets so as to control the availability and
prices of food items domestically ,would be seriously affected.
The response of India to such unreasonable demands should be the
followings: -

1.

Showing unequivocal resistance and firmness on any concessions


and demands that are beyond the negotiating mandates of the Doha
declarations by seeking the active support of developing countries.
2.
Fighting the perception battle in media to counter any attempt by
developed countries to shift blame on India for any WTO impasse by
elucidating their onerous and unreasonable demands while failing to
agree to cut their own farm subsidies on reciprocal basis.
3.
Seeking commitments from developed countries to cut their farm
subsidies and reduce tariffs barriers (as per agreed under the Doha
mandates) that impedes farm exports of developing countries.
Critically analyse why is India demanding a substantial cut in
subsidies given by rich countries to their farmers. Do you think
India should cut subsidies to its own farmers too? Comment. (200
Words)
The WTO regime is conceptualized to ensure a free and fair international
trade, by cut in various trade barriers and trade distorting
subsidies. Agriculture has also been laced under the ambit of the regime
through "Agreement on Agriculture" and agriculture subsidies are
sought to be cut.
The rich nations, however, mask their huge subsidies as being "non-trade
distorting" and being in the green box. However, these subsidies are in
the form of interest free loans, farm mechanization etc., which can bring
down the cost of production substantially. This ultimately would lead of
dumping of cheap food grains in the Indian market. This dumping would
cause a huge farming distress in India as agriculture is a livelihood issue.
On the other hand, Indian subsidies in the form of MSPs have been
labelled as "trade distorting" and have always been opposed by the rich
nations. But, India's
commitment to food security for its huge population needs procurement
by the state.
The farmers also need to be provided an assured income through MSP so
that
distress does not set in. Though there is no need for India to cut its
subsidies to
farmers, but in the long term, we should focus more on investing in
modernization of agriculture so that farmers are benefited in the long run
Why we need to protect Agriculture?
Agriculture contributes 17% to GDP, but 50% population dependent on it
hence need to provide support
India's worries at Dispute Settlement Board:

Lack of a sufficient pool of trade law experts to represent them


effectively at the DSB
Developed world's efforts to bring within the bodys ambit non-trade
issues such as labour and environment

India has been advocating that certain issues, including labour and
environment, must be kept out of the WTOs purview and instead be dealt
with by the global bodies concerned such as the International Labour
Organisation and the United Nations Framework Convention on Climate
Change. The developed world, however, is keen that the WTO addresses,
what they call, global trades new challenges, including labour and
environment
TheDispute Settlement Body (DSB)of the World Trade Organization (WTO)
makes decisions on trade disputes between governments that are
adjudicated by the Organization.
What is India-US tussle on Solar/ Renewable appliances?

India has complained to the World Trade Organization (WTO) about


support given to the renewable energy industry in United States

The complaint alleges that 8 states in US have prop up their


renewable sector with illegal subsidies and domestic content
requirements, an obligation to buy local goods rather than imports.

By filing the complaint, India has triggered a 60-day window for US


to settle the dispute, after which India could ask the WTO to adjudicate

In May 2016, India lost a case at the WTO after the US complained
about Indias national solar programme over illegal subsidies and
domestic content requirements. India has appealed that ruling

India is finalising a scheme to subsidise both domestic and foreign


companies that will manufacture in the country, without running
contrary to the WTO rules
WTO SINGAPORE ISSUES
What are Singapore Issues?
Singapore issues are the list of the subject that were tabled by the
Western states mainly US and EU in the WTO conference in the year 1996
which held in the Singapore. Some of the major issues among them are :

trade and investment,

trade and competition policy,

transparency in government procurement,

trade facilitation,

Labor laws etc.


Why the inclusion of these issues in multilateral talks opposed by
developing nations?

State owned enterprises :- Develop States Propose to Curtail the


Role of the State owned Enterprise(PSUs). But these units are the

necessary for the developing states as the private entities do not serve
the socio economic need of the society. For Ex. Public Sector Banks in
India
Labour Issues : Developed state propose uniform Labour Standards
for all. Developing nations has comparative advantage in Labour and
uniformity here will hamper this advantage.
Government procurement - Governments are considered as the
largest "Buyer" in the market as they procure nearly 30% of the Total
Products. Developed States wants transparency in government
procurement so that it becomes easy for MNCs to take part in it.
Developing nations see this demand as an attack on their sovereignty
and also, it will hamper their PSUs which corner most of government
projects ex. DRDO

MULTILATERAL
ASHGABAT AGREEMENT
What is Ashgabat Agreement?

It is an agreement between five countries on establishing a new


international transport and transit corridor (Uzbekistan - Turkmenistan Iran - Oman - Qatar)

Signed in 2011 in Ashgabat

Qatar had withdrawn from the agreement in 2013

It forms the basis for developing the shortest trade route/corridor


between the Central Asian countries and Iranian and Omani ports.
India is ready to accede to the Ashgabat Agreement
What are the benefits?

It will be an international transport and transit corridor facilitating


transportation of goods between Central Asia and the Persian Gulf.

Accession to the Agreement would enable India to utilise this


existing transport and transit corridor to facilitate trade and
commercial interaction with the Eurasian region.

Further, this would synchronise with our efforts to implement


the International North South Transport Corridor (INSTC) for
enhanced connectivity.

This move will further strengthen trade ties between India and
the Eurasian region.
APEC

Obama declared support for India's admission into APEC . It is part of the Joint
Strategic Vision on Asia, Pacific, and Indian Ocean Regions.
ASIA PACIFIC TRADE AGREEMENT (APTA)

It was earlier known as Bangkok Agreement

It is an initiative under the United Nations Economic and Social


Commission for Asia and the Pacific (UN ESCAP) for trade expansion
through exchange of tariff concessions among developing country
members of the Asia Pacific Region.
The current membership of APTA consists of seven countries or
Participating States (PSs), namely :
o
Bangladesh,
o
China,
o
India,
o
Lao PDR,
o
Republic of Korea
o
Sri Lanka
o
Mongolia (Latest member)
Since this is a preferential trade agreement, the basket of items
as well as extent of tariff concessions are enlarged during the trade
negotiating rounds which are launched from time to time. Till date,
three rounds of trade negotiations have taken place.

Note: APTA can be used as a keyword in your answers on India-SE Asian


relations
ASEAN

Outcome of India-ASEAN Summit:

ASEAN-India adopted a document aiming at politically cohesive,


economically integrated, socially responsible and people oriented
people centered ASEAN-India Community.

The document recognizes the vital importance of the planned review


of the ASEAN-India Trade in Goods (AITIG) Agreement. It seeks to
ensure that the agreement is trade-facilitative and remains relevant to
the current global trading practices.

The document also emphasizes the importance of maintaining


peace, security and stability, unimpeded commerce, freedom of
navigation in and overflight above the South China Sea.

Emphasis on the need for a coordinated response from the ASEAN


member nations to combat terror
How different is India's new "Act East" policy compared to "Look
East" policy. Critically analyse the merits and shortcomings of Act
East policy. (200 Words)
India's Look East policy is concerned with giving importance to eastern
neighbours of the country by building better ties with them and improving
trade relations. However India's Act East policy goes one step further and
encourages a proactive role for India to play in its eastern
neighbourhood.
This
include assuming
leadership
position by reinvigorating platforms such as BIMSTEC and working actively
on infrastructure connectivity issues.

Connecting North East region to Sittwe port in Myanmar and Chittagong


port in
Bangladesh,
focusing
on India-Myanmar-Thailand
trilateral
highway and Kaladan Multi-Model Transport Project are some of the
projects which have received push under the Act East Policy. In addition,
India is capitalizing on its soft power and by cultural link through
Buddhism to build better relations with the eastern neighbours.
Merits:
1.
It makes the North east an integral part of India's foreign policy. The
region will be the main beneficiary and primary actor in the policy.
2.
It identifies the economic and geo-political importance of South East
Asian countries.
3.
Possibilities of Free Trade Agreements - Easy movement of people
and money (investments). This will be linked with Regional
Comprehensive Economic Partnership Agreement (RCEP) countries
which will give further boost [especially services]. Trade with ASEAN
expected to reach 100 billion: Counter EU slowdown.
4.
Manufacturing in CMLV: Employment generation, HRD development,
Export potentials
5.
The vast untapped natural resources and energy of the region,
might prove promising.
6.
The countries have common interests in securing their sea,
following
international
laws
of
navigation,
issues
of smuggling, piracy and exploitation of ocean resources.
7.
Active engagement with Myanmar and Bangladesh in tackling
issues like drug trafficking, smuggling, etc. in North East of India. Also
people to people contacts will be enhanced by various planned
transport linkages.
8.
India can leverage its cultural connections to maximum to involve
these nations more actively in organizations like BIMSTEC and Ganga
Mekong Corporation.
9.
Our centuries old cultural and religious engagement are basic
ground for required trust.
Some challenges:
1.
The issue of smuggling of drugs, goods and arms if we open our
north east is not addressed.
2.
Growing influence of china in the region.
Sagarmala and Project Mausam are good initiatives and not overtly
opposing String of Pearls or Maritime Silk Route. The entire stretch of
Indian Ocean from the Gulf to Malacca are strategic points for both India
and China.
BBIN

BBIN stands for Bangladesh, Bhutan, India and Nepal Motor Vehicle
Act
Unprecedented step that aims at shared prosperity in South Asia.

Meant to facilitate movement of commercial vehicles across the


borders of B-B-I-N
However last year's blockades on Nepal border -> negatively
impacted the agreement. It goes against the spirit of regional
cooperation.

"Signing of a motor vehicle agreement by the transport ministers


of Bangladesh, Bhutan, India and Nepal marks a big breakthrough
in the evolution of South Asian regionalism." Elaborate and
examine the benefits of this agreement to its signatories. (200
Words)
South Asian regionalism has been held hostage to the India-Pakistan
dynamics. However, signing of the Motor Vehicles Agreement between
India, Bangladesh, Bhutan and Nepal has heralded a new beginning in
integration in South Asia. The agreement will benefit all its stakeholders
greatly.
1.
This will reduce transports costs, enhance multi-modal transport and
transit facilities, enable increased connectivity and will promote
greater trader between the four countries.
2.
The agreement opens up the possibility of turning border roads into
economic corridors, increasing the employment opportunities along the
way in all 4 countries.
3.
For India, such an agreement will prove a major boon and will lead
to faster development of its North Eastern states due to development
of land routes through Bangladesh which will reduce the time and cost
of transport.
4.
While Nepal already has open borders with India, this agreement will
help it increase trade and connectivity with Bhutan and Bangladesh.
5.
Such an agreement will prove highly beneficial for Bangladesh as
not only will it increase trade, but it will also lead to greater investment
in its transportation infrastructure by India.
6.
This agreement could be template for more such sub-regional
groupings within SAARC. And might ultimately force Pakistan to
become more proactive in SAARC.
7.
It would complement India's 'Act East' policy and would further
provide impetus to projects like the Trilateral highway and Kaladan
multi modal transport project under BIMSTEC.
8.
It will promote tourism and people to people interaction
9.
Greater movement of skilled personnel and businessmen across
countries will have multiple benefits including employment and
revenue generation for nations.
10. If BBIN motor vehicle act is successful then it will help in
encouraging more such integration ties such as between India,
Maldives and Sri Lanka .
The agreement's importance not only lies in the direct benefits to the
member states, but also lies in its psychological importance. It is a signal

that inefficiencies of SAARC will not be allowed to hold up the project of


integration in South Asia. This could well recharge SAARC and make it
relevant again.
BCIM

The Bangladesh, China, India and Myanmar (BCIM) corridor is an


ambitious undertaking that hopes to connect Kolkata with
Kunming, capital of the Yunnan province. However, this project is
facing many traditional and non-traditional threats to become a
reality. Critically analyse these threats. (200 Words)
Facts
1.
2.
3.
4.
5.
6.
7.

about BCIM economic corridor


Sub regional economic cooperation
Multi modal connectivity , expressway
Reduce non- tariff barriers
Boost trade and investment
increase people to people exchanges
capitalize on comparative advantages and competitive advantages
Reduce trade deficits

Challenges to BCIM
1.
A lot of insecurity surrounds the project due to a lot of sub regional
hostility between participating countries on many grounds. Opening up
an economic corridor has much potential for misuse in promoting antinational activity.
2.
Corridor goes through areas prone to natural disasters so that's
another traditional threat.
3.
Border Dispute: BCIM corridor will improve the leverage of china and
hence border dispute resolution on fair terms will be more difficult.
Also, some part of the corridor will be passing through AP, which is a
disputed territory as per china
4.
India's apprehensions - The concerns that opening of the north east
would flood Indian markets with Chinese goods thus NE will may not be
able to develop its own capabilities.
5.
Connectivity Issues: 200 km stretch from Silchar in Assam to
Manipur, and a similar length between kalewah and Monywah in
Myanmar are still to be constructed.
6.
India's North East is infested with a lot of insurgency and cross
border terrorism, making the region highly instable and investment
averse, due to the risk. Such instability would continue to impede any
formidable investment coming as a result of BCIM.
7.
The corridor can also be misused for already existing clandestine
actives like drug smuggling, smuggling of antiques and trafficking.
8.
Instability in Myanmar: Fighting between Myanmar's army and
kokang rebels as well as narcotics trafficking in North Eastern Myanmar
is big security challenge.
9.
Communal Violence- involving Bhuddhist and Rohingyas in Rakine
state of Myanmar, as well as anti-Bangladeshi sentiments in India are
impediment to cultural security

Without building sufficient trust and an all-weather friendship between the


participating countries, the risk is too high for investment of such massive
scales. There is no doubt about the project being extremely beneficial in
terms of potential, but issues like democratic deficit , disturbance at
borders , anti-national activity etc. will have to be addressed jointly. We
can only hope that the economic significance of this project will tide over
the politics of the regions.
BIMSTEC

The Bangladesh, China, India and Myanmar (BCIM) corridor is an


ambitious undertaking that hopes to connect Kolkata with
Kunming, capital of the Yunnan province. However, this project is
facing many traditional and non-traditional threats to become a
reality. Critically analyse these threats. (200 Words)
Facts
1.
2.
3.
4.
5.
6.
7.

about BCIM economic corridor


Sub regional economic cooperation
Multi modal connectivity , expressway
Reduce non- tariff barriers
Boost trade and investment
increase people to people exchanges
capitalize on comparative advantages and competitive advantages
Reduce trade deficits

Challenges to BCIM
1.
A lot of insecurity surrounds the project due to a lot of sub regional
hostility between participating countries on many grounds. Opening up
an economic corridor has much potential for misuse in promoting antinational activity.
2.
Corridor goes through areas prone to natural disasters so that's
another traditional threat.
3.
Border Dispute: BCIM corridor will improve the leverage of china and
hence border dispute resolution on fair terms will be more difficult.
Also, some part of the corridor will be passing through AP, which is a
disputed territory as per china
4.
India's apprehensions - The concerns that opening of the north east
would flood Indian markets with Chinese goods thus NE will may not be
able to develop its own capabilities.
5.
Connectivity Issues: 200 km stretch from Silchar in Assam to
Manipur, and a similar length between kalewah and Monywah in
Myanmar are still to be constructed.
6.
India's North East is infested with a lot of insurgency and cross
border terrorism, making the region highly instable and investment
averse, due to the risk. Such instability would continue to impede any
formidable investment coming as a result of BCIM.
7.
The corridor can also be misused for already existing clandestine
actives like drug smuggling, smuggling of antiques and trafficking.

8.

Instability in Myanmar: Fighting between Myanmar's army and


kokang rebels as well as narcotics trafficking in North Eastern Myanmar
is big security challenge.
9.
Communal Violence- involving Bhuddhist and Rohingyas in Rakine
state of Myanmar, as well as anti-Bangladeshi sentiments in India are
impediment to cultural security
Without building sufficient trust and an all-weather friendship between the
participating countries, the risk is too high for investment of such massive
scales. There is no doubt about the project being extremely beneficial in
terms of potential, but issues like democratic deficit , disturbance at
borders , anti-national activity etc. will have to be addressed jointly. We
can only hope that the economic significance of this project will tide over
the politics of the regions.
BRICS

Facts:

Jaipur Declaration: (Given below)

BRICS Migration conference - Sochi

India is pushing for Liberalised VISA regime for "Skilled Worker"


among BRICS nations to promote business and economic interests.

BRICS to setup its own credit rating agency to challenge western


hegemony in field of finance
Jaipur Declaration: By BRICS women parliamentarians

Strengthen strategic partnership between members on all three


dimensions of sustainable development viz., economic growth, social
inclusion and environmental protection.

Parliamentarians expressed concern over the climate change on


ecological systems, biodiversity and as well as food security (i.e. food
production).

Members will focus to work out integrated solutions to preserve and


protect ecological systems and forests.

It also called upon international financial institutions (FIs) to extend


support to developing and least developed countries.

The FIs should help developing and least developed countries gain
easier access to new and affordable technologies as envisaged under
UN Framework Convention on Climate Change (UNFCC) and the Paris
Agreement.

Emphasized the need to inform, communicate and educate citizens


about developmental schemes.

Emphasized on plans for incorporating gender concerns and greater


involvement of women parliamentarians in integrating citizens in the
development process.
BRICS Security Meet:

BRICS nations underscored the demand for an international legal


order to deal with the threat of terrorism.
They agreed to intensify cooperation against terror groups like the
Islamic State in West Asia and North Africa region (WANA).
Highlighted the growing demand for peace building in the
violence-torn region and focused on finding a political solution to the
outstanding issues in the WANA region.
Discuss counter-terrorism, energy security, cyber-security as well as
other international and regional issues of common interest.
China wants BRICS countries to play a bigger role in international
and regional security issues, step up cooperation and coordination on
major issues concerning security and contribute to peace, prosperity
and stability of the world.
NOTE: Question can be asked on BRICS role in International security
or role against Terrorism

BRICS Goa Summit (8th BRICS Summit)


Theme : Building Responsive, Inclusive and Collective Solutions
Goa Declaration :

BRICS nations condemns terrorism in all its forms and stressed that
there can be no justification for such acts.

International terrorism, especially the Islamic State (IS) is an


unprecedented threat to international peace and security.

BRICS nations reaffirmed the commitment to increase effectiveness


of the UN counter terrorism framework.

Need for adaptation of Comprehensive Convention on International


Terrorism (CCIT) in the UN General Assembly.

Urgent need to reforms of the United Nations, including UN Security


Council, to increase representation of developing countries.

Resolution of civil war in Syria, in accordance with the legitimate


aspirations of the people of Syria and action against U.N.-designated
terrorist groups like IS and Jabhat al-Nusra.

All nations must counter radicalism and block sources of financing


international terrorism, dismantling terrorist bases and countering
misuse of the Internet including social media.

Appreciated progress in implementation of Strategy for BRICS


Economic Partnership and emphasise importance of BRICS Roadmap
for Trade, Economic and Investment Cooperation until 2020.

Welcomed adoption of 2030 Agenda for Sustainable Development


and its Sustainable Development Goals.

Reiterated determination to use all policy tools to achieve the goal


of sustainable and inclusive growth.

The ninth BRICS Summit will be hosted by China in 2017.

Besides, first-ever BRICS-BIMSTEC Outreach Summit was also held


on side-lines of 2016 BRICS Summit. Leaders from both forums planned
to jointly explore possibilities of expanding ties between them on issues
such as terrorism, economy, trade and connectivity

BRICS is a powerful financial and political voice in the emerging


multipolar world that cannot be ignored? Critically discuss. (200
Words)
The importance of the BRICS as a powerful financial and political voice in
the emerging multi-polar world that can be overlooked due to following
main reasons: Economic :1.
Combined GDP, accounts for roughly 20% of the total gross world
products and have a whopping $ 4 trillion in forex reserves,
2.
Are fastest growing economy. China expected to surpass the U.S in
next few decades in terms of GDP and India is to the third largest
country by gdp by 2030.
3.
Lucrative investments destinations in the world with cheap inputs
and surplus labour; are major exporters boosted by well performing
manufacturing sector and high growing service sectors.
4.
Emerging multilateral financial institutions like AIIB and BRICS
Bank as future alternative to the Western dominated World Bank and
IMF.
Political and military clout : China, Russia and India are the most
powerful countries in the world by military strength after US with advance
naval forces playing key role in maritime security, patrolling and securing
strategic influence; have deep engagements with countries in Asia ,Africa
and energy rich Middle East.
Demographic:
1.
Accounts for nearly 40% of the world population with huge number
of people in working age group and most the people being young .
2.
Relatively young population carrying a great economic significance
in term of availability of cheap and surplus labour and huge domestic
consumer base.
However, there is certain factors that are impediment to the BRICS as
rising political and financial voice:1.
NDB faces several challenges, including the ability of the bank to
raise monetary funds from sovereign markets and the selection criteria
for prioritization of projects
2.
There is ample indication that despite the standard reference in
every Brics summit document that "China and Russia reiterate the
importance they attach to Brazil, India and South Africa's status and
role in international affairs and support their aspirations to play a
greater role in the UN", the two permanent UNSC members do not see
Council reforms as a priority now or in the foreseeable future.
3.
Equally, in areas where norms and institutions still do not exist, such
as global governance of cyberspace, climate change and energy

security (crucial issues for all Brics members), where there is greater
prospect for the group to shape norms and build institutions, there is
even less of a consensus. For instance, on cyberspace, while all Brics
members agree on the need for a global governance architecture, they
disagree on how this should be shaped. China and Russia are in favour
of a multilateral negotiations within the UN system while the others
support a multi-stakeholder model with a role for the government, the
corporate sector and civil society.
Trust and Will power are the must ingredients for success of any alliance
so to have a successful BRICS, member countries need to share and
address their regional, national and international grievances then only a
successful BRICS can be imagined.
What should be the primary objectives of the New Development
Bank being established by BRICS countries and how these
objectives should be achieved? Discuss. (200 Words)
BRICS development bank with $50 billion core capital seeks to create an
alternative to world bank institutions, IMF and ADB. However, the
development bank has some primary objectives ahead of it1.
Infrastructure funding--- Asia requires additional $ 2 trillion of
funding for infrastructure development. It will create jobs, boost growth
and facilitate private investment contributing to overall human
development.
2.
Democratic devolution--- NDB should focus on bottom-up approach
where individual countries will be granted capital assistance on the
basis of their needs based on their own assessments.
3.
Poverty-alleviation----Asia still has the largest section of population
under poverty. The objective of NDB funding should be based on
impact-projects that can create jobs, improve conditions of living and
promote community assets.
4.
Mitigation and climate change----Asia will have to promote
sustainable development and NDB can incentivise carbon-neutral and
disaster mitigation projects that will promote inclusive growth
These objectives can be attained in following way:
1.
Laying thrust on technology for all phases of project completion
2.
Encouraging youth to actively take part in the projects; this will also
address the employment needs of a large section
3.
Authorizing Social Businesses with their non-profit and missionmode approach to utilize the funds. They can help turn unemployed
into entrepreneurs. For such initiatives, NDB can set up country-level
social business funds as joint ventures with local partners.
In all the above objectives, NDB has to adopt a different model of
cooperation and assistance. The funding should be on bankable projects.
It should stress on the need for environment and social impact

assessments. There should be a framework that can guide the actions of


all stakeholders in projects. The mutual assistance and objective of
democratic development by NDB will go a long way to address
development deficit in Asia.
Do you think post the creation of China led Asian Infrastructure
Investment Bank AIIB), the BRICS-led New Development Bank
(NDB) has become irrelevant? Critically analyse. (200 Words)
Two new multilateral banks have started in the recent past - One is the
BRICS backed New Development Bank (NDB) while the other is the Asian
Infrastructure Investment Bank (AIIB).
1.
While the NDB was proposed earlier, it has been overtaken by AIIB,
which has gotten a lot of countries on board and generated a great
deal of enthusiasm. However, it would be fallacious to conclude that
NDB has become irrelevant due to these reasons.
2.
NDB operates worldwide whereas AIIB is limited to only Asian
continent. This is significant because NDB will provide a stand to
developing countries of world in matters relating to quantitative easing,
basel-3 norms, sustainable finances etc. This role is not expected by
AIIB as a continent specific bank.
3.
AIIB has
restricted
its
operation
to infrastructure
financing whereas NDB is
going
to
provide
finance
to many
developmental aspect apart from infrastructure such as urbanisation,
poverty eradication, agriculture and rural development.
4.
NDB is a development finance institution and its business
philosophy must be grounded in the political economy of development,
not finance. The raison d'etre for its existence is to change the terms of
discourse on development finance and to offer alternative ways to
finance development challenges
5.
As defined in last aspect the area of operation (agriculture, rural
development, infrastructure etc.) is wide in case of NDB so it would
have knowledge based operations and working rather than traditional
banking functions.
The NDB will have to raise its game and become a knowledge based
development finance institution from the very start of his tenure. BRICS
governments must refrain from interference and micromanagement in the
bank, and allow the bank to develop into a knowledge-based development
finance institution. If this happens then the NDB will, in the long run, be a
far more significant creation than the AIIB.
In your opinion, how will the China-led Asian Infrastructure
Investment Bank (AIIB) be different from IMF and World Bank? In
the light of its stated objectives, critically examine how it would
benefit
global
economy.
(200
Words)

Examination of objectives of AIIB clearly indicate that it being primarily


aimed at bridging the huge gap in infrastructure lending for Asian
countries in such a way to make these ancillary to materializing larger
Chinese
dream
of
'One Road
One belt'
project.
Hence, it does not envisage catering to the balance of payment
requirements of member countries as in case of IMF. Similarly, AIIB will
not look after requirements of concessional, soft credits or financial grants
for ambitious projects aimed on larger benefits of humanity across the
globe like MDG goals, climate change, CDM or social sector projects.
Though the main thrust behind the establishment of AIIB is in advancing
Chinese Economic and geopolitical interests, however the world economy
has much to gain from this initiative in following ways:

In aftermath of 2008 crisis, when economic slowdown and austerity


measures are rampant, AIIB emerges as a ray of hope for much needed
funding to third world and it will create stimuli to world economy for
quick recovery as a whole
AIIB will ease the Global Scarcity of funding due to drying finances
of IMF and WB and constraints imposed by new Basel norms on Banks
globally through ways of new investments
Demands generated from Asian infrastructure projects will also
boost supply from developed world's economies helping in expediting
revival .
Removal of infrastructural bottlenecks of Asian countries will
integrate hitherto underperforming regions and result will be net gain
to the global economy
AIIB lending will materialize Chinese dream of ''one road, one belt''
by integration of Asian economies .Being most developed economy of
region, it holds vast potential of growth for China. However it will also
open avenues for global investment as globalization will play as
enabling factor here.
AIIB projects will lead to newly emerged Asian regions that will be
next global destinations for manufacturing, industries and services thus
acting as a value addition to the global economy.
At a time when PPP model in infrastructure is being considered as a
failure worldwide given huge risks sovereign need to bear, AIIB comes
as a boon for poor Asian nations who lack the same. AIIB will remove
stagnancy of such economies & regions thus helping the world
economy to realize its true potential.

BRICS CONTINGENT RESERVE ARRANGEMENT

What is BRICS Contingent Reserve Arrangement (CRA)?

CRA was established in 2015 during 7th BRICS summit in July 2015.

The Treaty for the establishment of BRICS CRA was signed at


Fortaleza, Brazil in July 2014.

It is a framework that aims at providing support through additional


liquidity and other means to BRICS countries at a time of economic
crisis.
It will be providing support to BRICS countries through liquidity and
precautionary instruments in response to actual or potential short-term
balance of payments pressures.
The initial total committed resources of the CRA will be 100 billion
dollars with individual commitments as follows:
o
China ($41 billion),
o
India ($18 billion),
o
Brazil ($18 billion),
o
Russia ($18 billion) and
o
South Africa ($5 billion).
The CRA is generally seen as a competitor to the International
Monetary Fund (IMF) and along with BRICS New Development Bank
(NDB) is viewed as an example of increasing South-South cooperation.
Both CRA and NDB were annoucned as part of BRICSFortaleza
Declarationannounced during6th BRICS summit held inFortaleza,
Brazil in July 2014
Why in news? It has become operational

BRICS FTA

Background:
China has proposed for a BRICS FTA aimed at boosting trade ties in the
grouping through binding commitments on eliminating tariffs.
Current Developments:

BRICS members barring China are not keen on such a pact.

Why?
Their apprehensions about the plan include the fear that it could lead to a
surge in imports of Chinese goods into their territory in turn, hurting
local manufacturing.

Why India is not interested?

There is already a widening goods trade deficit with China.

Indias goods trade deficit with China has escalated from $1.1 billion
in 2003-04 to $52.7 billion in 2015-16.
Bi Vs MULTILATERAL

Bilateral agreements are weakening the multilateral arrangements that


looked after the Least Developed Countries (LDC's)

IPR and other regulations being used to curtail access to medicines in


poorer countries.

TTIP, TPP could curtail access to affordable drug,


CENTRAL ASIA

Analyse the major areas of cooperation between India and Central


Asian countries. Also examine if India is well placed to compete
with Russia and China in the region to play an important role in
security matters in the region. (200 Words)
India and the Central Asian region have historical links. While the
relationship in contemporary times have been weak, there is a renewed
thrust on co-operation between India and the Central Asian Region (CAR)
countries. The major areas of cooperation are 1.
Energy - Energy is the most important area of co-operation. The
CAR countries have an abundance of energy resources. India has been
in negotiations for more than a decade now to ensure access to gas
reserves of Turkmenistan through the TAPI pipeline.
2.
Security - India and the CAR countries have a shared interest in the
stability of Afghanistan and counter-terror initiatives.
3.
Trade - The trade between India and CAR is roughly $1 billion
compared to $50 Billion of China. Hence, there is a huge potential for
increasing the trade relationship between the two countries.
4.
Drug trafficking- Tajikistan is gateway for afghan drugs to Central
Asia. This money is used for funding terror activities against India
Due to reasons of geography, India is at a disadvantage compared to
Russia and China to play a significant role in security matters in the
region. However, it has a few advantages 1.
The CAR countries do not like the excessive Russian influence and
are also wary of increasing Chinese economic dominance. In such a
situation, an assertive India can play the role of a balancer.
2.
India already has an overseas air base at Farkhor in Tajikistan. This
would help India co-operate in security issues.
3.
India has been focusing on ensuring operationalisation of
the International North South Transport Corridor (INSTC) through
Chabahar port in Iran to improve access to Central Asia.
Economically, militarily as well as geographically, India is at a
disadvantage
compared to Russia and China. However, India's strong democratic
tradition and a
tradition of respect for other countries along with converging interests
with the
Central Asian Republics might give it an edge.

Critically analyse the nature of India's engagement and its mutual


cooperation with the Central Asian countries and also comment if
its "Connect Central Asia" policy has lived up to its expectations.
(200 Words)
India has traditionally attached great importance to its relations with
Central Asia. But, unfortunately, the relationship despite close historical &
cultural contacts has not progressed to the desired extent.
Constraints:
1.
Unstable situation in Afghanistan and a highly problematic IndiaPakistan relation have deprived India from the benefit of relations with
Central Asia. The Turkmenistan-Afghanistan-Pakistan-India Pipeline
(TAPI) would be a game-changer if it materializes. But slow progress on
this.
2.
Iran which provides alternative access to Central Asia. However,
India-Iran relationship for the last decade or so has not progressed well.
The International North-South Transport Corridor (INSTC) which would
pass through Iran, is still underdeveloped and requires huge
investment. India has also been slow in realizing the potential of the
strategic Chabahar Port in Iran.
What should be done?
1.
India has come up with a "Connect Central Asia policy" (2012),
which includes elements such high level visits, strategic partnerships,
comprehensive economic engagement, partnership in the development
of energy and natural resources. Development of potential in medical
field, education, e-networks, land connectivity etc. The implementation
of the policy needs to be speeded up.
2.
India needs to change its approach to Central Asia and show greater
proactivity. We must shed piecemeal approach to Central Asia. IndiaCentral Asia Trade is near $ 700 million as compared to Chinas $ 46
billion. This will require dealing with Central Asia not only at the
bilateral level but also at a collective level. India could consider setting
up an India-Central Asia Forum (on the lines of India-Africa Forum) to
deal with the region in a holistic fashion
3.
Develop Chabahar port on priority. India needs to move quickly to
invest $ 100 million
4.
Invest in infrastructure in Iran to make INSTC effective.
5.
Make efforts to join the SCO as full member.
6.
Education and medical field provide an excellent opportunity for
India to showcase its soft power.
7.
A forum of India and CAR think tanks should be set up.
8.
To institute and strengthen defence and security dialogue with
Central Asian countries.
Analyse the importance of Central Asian countries in India's

fight against terrorism. (200 Words)


There is an increase in radicalism and recruits into terrorist outfits globally.
India with a large Muslim population must seek ways to insulate itself from
such threat. An active engagement with CAR would be a step in the right
direction.
1.
Pakistan's inability to contain terrorism and Afghanistan's growing
possibility of falling into the influence of radical forces has led to create
reasons for India to seek new partners in its fight against terror. CAR
known for its moderate practice of Islam will be a viable partner.
2.
The recent trend of growing number of recruits from the CAR region
and its proximity to instable west Asia and Afghanistan makes the
region vulnerable. A stable CAR would help in containment of growing
radicalism and its spread further east to India.
CAR has an important geo-strategic position serving as a gateway to
Eurasia. A proactive engagement with CAR is in the interest of both India
and the CAR. Economic development will help contain radicalisation in
CAR. India can engage in counter terrorism strategies, development of the
INSTC, the TAPI pipeline and work on the connect central Asia policy 2012
for a more stable CAR.
CLMV COUNTRIES

CLMV stands for Cambodia, Laos, Myanmar and Vietnam


These countries have a unique position in the regional value chains
in Southeast Asia region
These countries offer a gateway for market access to China,
European Union and other markets due to various trade agreements
Why in news?
o
India is creating a Project Development Fund (PDF) for
catalysing Indian economic presence in the CLMV countries viz.
Cambodia, Laos Myanmar and Vietnam
o
It will benefit Indias industrial community for business
expansion in the CLMV countries
o
PDF will give key advantage position to India in securing
regional value chains on a long term basis
o
Besides, it will provide a dedicated market for Indian raw
materials and intermediate goods and also a dedicated source of
raw materials for Indian industry

EEU

CLMV stands for Cambodia, Laos, Myanmar and Vietnam


These countries have a unique position in the regional value chains
in Southeast Asia region
These countries offer a gateway for market access to China,
European Union and other markets due to various trade agreements

Why in news?
India is creating a Project Development Fund (PDF) for
catalysing Indian economic presence in the CLMV countries viz.
Cambodia, Laos Myanmar and Vietnam
o
It will benefit Indias industrial community for business
expansion in the CLMV countries
o
PDF will give key advantage position to India in securing
regional value chains on a long term basis
o
Besides, it will provide a dedicated market for Indian raw
materials and intermediate goods and also a dedicated source of
raw materials for Indian industry
o

INDIA EU

Recent Issues:
India and the EU are engaged in sorting out issues such as

EU ban on some pharmaceutical products (700 generic drugs)


clinically tested by GVK Biosciences. The EU ban had led to India
deferring the negotiations on the proposed bilateral Free Trade
Agreement (FTA).

Italian Marine case (which is now solved a bit after SC verdict. Read
related notes below)

Vulnerability of EU

Referendum on the UKs membership next month

Economic crisis in Greece

The worsening refugee problem

Growing opposition to globalization

Recent Developments in detail:

To enhance the trade relations, both started negotiations on Bilateral


trade and Investment Agreement (BTIA) in 2007. However, major
disagreements remain over the issues of market access in services,
agriculture, automobile, IPR .
The friction further increased due to two incidents a.

Italian marines arrest by India

b.

EU ban on 700 Generic Indian drugs.

Even in recently held India-EU summit in Brussels, European Commission


remained muted on the negotiations on the BTIA.

Another sticking point that stalled talks between the European Union (EU)
and India had been the EUs concern over human right violations in India.

ON the positive side, as highlighted in the summit's EU-India Agenda for


Action-2020, progress was made in bilateral cooperation in various fields -from foreign policy to outer space :
a.

Promise of action that in areas such as water, climate and energy


with adoption of joint declarations on the India-EU Water
Partnership and a Clean Energy and Climate Partnership.

b.

Joint declaration on counter terrorism - Both agreed to cooperate in


countering violent extremism, disrupt recruitment of terrorists and
prevent the free passage of foreign fighters. It also called for the early
adoption of the Comprehensive Convention on International Terrorism
in the UN.

c.

Adoption of The Common Agenda on Migration and Mobility (CAMM)


- to control and organize migration. Prevention of human trafficking and
promoting international protection are identified as priority areas.
Points of special interest to India on the agenda included easier visa
procedures for skilled workers, IT professionals, and business
travellers.

d.

Italian Marines issue - Both parties have officially expressed their


confidence in the legal processes of the Permanent Court of Arbitration,
where the case of the Italian marines, is currently being heard.

e.

Infrastructure- India and the EIB signed the first tranche of a Euro
450-million-loan towards the construction of a metro rail line planned in
Lucknow.

f.

Investment - The agenda also called for the "creation of favourable


circumstances for investment

Why the Free Trade Agreement between the European Union and
India has not been finalised despite starting negotiations long
back? Analyse the issue. (200 Words)

The Free Trade Agreement (FTA) between European Union (EU) and India
started way back in 2005.The agreement got stalled due to concerns of
both the signatories in the following sectors.

Concerns in agro Sector: India's exports to EU includes mainly


vegetables, fruits and dairy products. But EU subsidizes dairy products. So
an increased inflow of dairy products from EU will spoil the demand of
domestic products.EU had earlier banned Indian mangoes.

Concerns in manufacturing sector: India imposes heavy duty on


automobile parts
and assembled automobiles like cars. So EU wants a relaxation on tariffs
of automobile products. They are also seeking reduction in duty of liquor,
spirit and alcohol.

Concerns in service sector: According to RBI survey demands for Indian


software
Services have reduced over the years in EU. India wants improved market
access in ITES/BPO/KPO. India also wants relaxation in movement of
skilled professionals into EU. Now there exist problems in wage parity,
work visa status, recognition of India's professional qualifications which EU

is not ready to do away with. EU wants access to legal and banking


services which India haven't opened so far.

Recent ban on 700 generic medicines from India by EU. These medicines
have been in European market for past many years and have not shown
any adverse effects.

Policy concerns: EU considers India's IPR policy as a weak one. It wants


exclusive marketing rights for new drugs after regulatory approval. India
wants Data secure status under Data Protection Privacy Act which will
safeguard Indian companies from heavy fines in case of data leakages.

The FTA is expected to reduce tariff and red tape in at least 90 percent of
the trade areas. So both the authorities must try to reach a win-win
situation in line with WTO FTA , except in case of safeguards for farmers
and food security.

For many years India EU free trade talks have not progressed
well. What are the issues that are holding back signing a free
trade agreement between India and EU? What are the benefits for
India?
Examine. (200 Words)

India-EU relationship dates back to 1960s when India was the first country
to establish relationship with European economic union which later
evolved into common market -European union.

Currently EU is the largest trading partner of India and account for 20% of
India's trade and a major source of FDI whereas India is the 9th largest
trading partner.

However multiple negotiating rounds, EU- India summits have not been
able to iron
out differences on the BTIA for the following reasons

EU's concerns:
1.
2.

3.
4.

5.

India's protectionism to automobile sector


India's Intellectual property regime with the provision of compulsory
licensing and manufacture of generic medicine
Domestic source obligation in the multi brand retail
Duty and tariff protection in areas of wine , spirits and dairy
products
Civil nuclear energy generation legislation

6.

Data Security: Based on current standard of protection to data in


India the EU refused to grant the status of Data Secure Nation. Data
secure nation needs to protect the important data related to
innovation, research, individual details, IP etc. to be safeguarded. This
affect High end business products specifically. European companies
doing outsourcing business with countries not certified as data secure
have to follow stringent contractual obligations that increase operating
costs and affect competitiveness.

7.

Vodafone case has threatened EU investors from entering India due


to retrospective taxation measures. So such taxation is also acting as
road block.

8.

EU allegations of Human Rights violations concealed funding to


NGOs in India and recent legal proceedings regarding Italian
marines have brought ties at stand still.

India's concerns:
1.

2.

European Union's heavily subsidised agro industry. This could hurt


Indian farmers
EU Import restriction- like ban on the import of mangoes from India

3.

Work visa restriction - movement of skilled professionals

4.

Technology transfer issues

India EU FTA has a lot of road blocks but it is in benefit of each other. EU
will gain market of 1.2 billion whereas India will gain in terms of
Technology, Investments from EU. Both are needed to be pragmatic in
approach while working on it in future. India's share in services trade with
EU can grow manifold. Cheaper imports of European luxury items like
cars, wine. European expertise in agriculture, infrastructure and urban
management can augment Indian drive in make in India, Swachh Bharat
Abhiyan & agricultural research.

Compared to Indias relationship with US, Germany and France,


its relationship with the European Union (EU) is said to be in
doldrums. Critically examine why. (200 Words)
India-EU relations have been on the wane for some time. However, at the
same time, India's relations with the constituent units of the Union
including Germany and France are at historical highs. This dichotomy may
be
explained
on
account
of
the
following
factors:
1.

India doesn't take kindly to being lectured to on issues which she


considers herself competent of handling. For example, India considers
human rights violations as a domestic issue and would wish to handle it
within India's political space. EU's insistence on including HR provisions
into Free Trade Agreement has hampered trade between the two.

2.

Given the lack of cohesion among the EU constituents on strategic


issues, India prefers establishing bilateral relations rather than dealing
with the EU as a whole.

3.

The case of the two Italian marines being tried in India was
manslaughter has become a festering wound. The EU's stand on the
issue is seen by many in India as a challenge to her sovereignty.

4.

EU's reluctance to provide India with strategic dual use technology


has pushed India into a closer huddle with the US and other European

countries like France. India therefore, doesn't see the EU as a reliable


partner.
5.

EU
is
characterised
by
over-institutionalized
and
overbureaucratized, which makes it far less attractive as a bilateral partner
as compared to less institutionalised regimes such as the ASEAN and
SAARC.

6.

EU has next to nothing to contribute to her energy demand or other


principal security interests.

7.

When it comes to India's desire to find a permanent place on the


UNSC, it is not the EU but the existing European permanent members,
the UK and France, who bring more value to the table for India.

8.

Finally, the on-going Eurozone crisis has greatly undermined India's


confidence in the EU.

A framework addressing the above mentioned issues could go a long way


in strengthening ties in light of India and EU's affinities and common
concerns such as increasing fundamentalism.

Related Notes:

Italian Marine Case

IBSA

IBSA has been overshadowed over the past few years by that
other acronym without an adjective, BRICS. Critically discuss the
potential of IBSA forum, Indias role in it and the need for its
revival.
(200
Words)
India Brazil and South Africa came together in 2006 to form IBSA for the
want of reforming UN Security Council and to discuss climate change. But
it has languished ever since and not played any prominent role because of
following
reasons:

1.

Elevation of G20 as a platform for discussion on global economic


issues.

2.

Most importantly, the rise of BRICS which has IBSA plus Russia and
China. BRICS seems to be a body of action as is evident from its
declarations, occasional anti-West agenda and formation of a BRICS
bank.

3.

Despite having joint exercises like IBSAMAR and few areas where
the interests of its members can potentially clash, still IBSA remains
mostly a passive organization but needs to be revived for multiple

Reasons:
1.

The three nations represent three vibrant democracies from three


developing continents, each one the face of it and each one being a
multicultural, multi ethnic society. So they are together the Global
South.

2.

Apart from aspiring the permanent seats in UNSC, these nations


have much to discuss in common interests like climate change, money
laundering, drug trafficking and terrorism.

3.

All three lie have coastlines which can be leveraged for maritime
development. India is in Indian Ocean, Brazil in southern Atlantic and
South Africa in between the two.

4.

There are lot of synergies and complementarities between these


nations. Like India has land resource crunch while Brazil is land rich.
India and South Africa share a cultural and heritage link due to Gandhiji
and Nelson Mandela.

5.

All are feeling the heat of Chinese economic hegemony in their


respective neighborhoods, be it Asia, Africa or Latin America. China
would want IBSA to be dissolved as IBSA did not invite China at its
imitation.

So there are enough incentives for IBSA to be revived and India, being the
economic powerhouse of this group, can play a leading role to this end by
taking the initiative in the next IBSA summit.

INDIA AFRICA FORUM


India

Summit

Started in 2008

Africa

Intergovernmental attempt to give direction and thrust to bilateral


synergy

Summits: 2008 (New Delhi); 2011 (Addis Adaba) ; 2015 (New Delhi)

Achievements:
o

India has committed unprecedented level of resource e.g.


promise of $5bn in soft loans

India offered duty free access to Africa's Least developed


countries
Institution building and training fellowships to Africa

o
o

Increased People to people contact: Students, Entrepreneurs,


medical tourists

Increased cultural and informational contacts and mutual


awareness

Many Indian corporates have invested in Africa (India - 6%


ahead of China - 3% in Private corporate investment)
Challenges:

Competition: China, US, EU, Japan also have similar


arrangements & they have more resources to spare (Chinese
investment - 180 bn between 2005-15)
Changing Dynamics in African continent:

Lower commodity prices

Greater democracy

Rise in militancy

Population growth

Preponderance of youth & Urbanisation

Less people to people contact

Very

few

direct

flights

from

India

to

Africa

Way Forward:

Inject greater Bilateralism

Balancing the process

Differentiating between countries with different stage of


development

Countries with capability need to contribute rather than


being passive recipient
Better leverage our two strong assets

Indian Private sector

Indian Diaspora in Africa

Improve last mile of the delivery chain to ensure efficacy e.g.


$150 mn Pan Africa e-Network project has received only limited
interest

India needs to make more vigorous efforts to inform about its


contributions e.g. during Ebola crisis despite being frontrunner in
contribution
India
received
scant
acknowledgement
and
appreciation --> media campaigns

Summit 2015

Delhi Declaration

Infrastructure building - "Cairo to cape town, Marrakesh to


Mombassa"

Credit at concessional rates of $10 billion over 5 years (in addition


to 4.7 billion that India had already pledged since 2008)

Grant assistance of $600 million (India-Africa dev fund , India-Africa


Health fund)

Related Notes:

India-Africa

INDO GULF RELATIONS

Why Gulf nations are important for India?

India is dependent on these nations for oil/gas imports

Gulf nations are investing in India's infrastructure for ex. Qatar


funding for NIIF and UAE commitment to invest.

Indian workers in Gulf bring huge remittances (almost 50% of India's


total)

Supports India on global platform like Counter Terrorism issue, UNSC


membership etc.

Share common interest of safety in Indian Ocean, anti-piracy etc.

What some of the issues in this region?

Unhuman condition of work. Strict an biased laws.

Unstable region due to war crisis in West Asia

Strong ties with Pak will lead to secondary treatment for India in
relevance to Pak

Deep Iran-Saudi divide over political and religious conflicts on which


India lacks stand

MERCOSUR

Mercosur is a sub-regional bloc.


Its full members are Argentina, Brazil, Paraguay, Uruguay and
Venezuela.
Its associate countries are Bolivia, Chile, Peru, Colombia, Ecuador
and Suriname
The Mercusor trading bloc was established in 1991
Brazil has asked India to expand its commercial and multilateral
footprints in South America by expanding its relation with MERCOSUR

NUCLEAR SECURITY SUMMIT

4th Summit held in Washington DC.


What is a Nuclear Security Summit? When did it start?
The Nuclear Security Summit (NSS) is a world summit, aimed at
preventing nuclear terrorism around the globe. The first summit was held
in Washington, D.C., United States, in 2010. It is held every two years
since 2010 and it is the fourth and final in a series of summits.

What are the key goals of the NSS?


The goal of the NSS is to address concerns about fissile material falling
into the wrong hands at a head-of-state level. It includes minimizing the
use of highly enriched uranium (HEU), bolstering security at nuclear
facilities through enhanced national regulations and implementation of
best practices, enhanced membership in international instruments and
organizations such as the International Atomic Energy Agency (IAEA),
instituting measures to detect and prevent illicit trafficking in nuclear and
other radioactive materials, and Centers of Excellence, build capacity,
develop technology and coordinate assistance on nuclear Security.
What are the limitations of the NSS process?

As NSS covers nuclear material only for non-military purposes, 83%


of the nuclear material falls outside its ambit.

Despite its intent, the NSS has also not been able to amend the
IAEAs convention on nuclear safety.

The fact that there is no legally binding outcome at the end of six
years of NSS process is its major drawback. The NSS process has
instead focused on asking countries to tighten their national laws, rules
and capabilities on nuclear security. This has meant that military
facilities are treated as national responsibilities and dealt as per
international obligations

Absence off Russia which has largest stockpile of nuclear weapon,


devoid credibility of such summit.

Break down of START between Russia and US and nuclear


modernization plans of Pentagon(US) reduces any commitment on
disarmament as mere lip service.
What has been Indias contribution to the NSS?
India has played an active role at the summits with the first two being
attended by then Prime Minister Dr Manmohan Singh. As part of the house
gift, India made a voluntary contribution of one million dollars to the
Nuclear Security Fund and has established a Global Centre of Excellence
for Nuclear Energy Partnership (GCENEP), where more than a dozen
national and international training programmes have been conducted so
far
Threats faced by India:
India is a source of nuclear material and a potential target of nuclear
terrorism. While India takes pride in the security of its nuclear
installations, orphan sources i.e. devices with radioactive materials
outside regulatory and security measures could pose serious risks.
According to a recent report by the Washington DC-based Nuclear Threat
Initiative, India also has groups that want to acquire nuclear material. The
report that ranked India low in nuclear security measures, cited corruption
as a key reason that could compromise its nuclear facilities.
Security experts have identified at least four types of specific threats that
terror outfits pose-

1.

These groups could acquire a nuclear weapon from the arsenal of a


nuclear state.
2.
They could acquire enough fissile material to construct an
improvised nuclear device.
3.
They could acquire radioactive material from civilian sources such
as hospitals or university laboratories that could be mixed with
conventional explosives to make a radioactive dispersal device or dirty
bomb.
4.
Terror groups could also sabotage a nuclear facility leading to largescale loss of lives and destruction.
04/04/2016
Objective of current Summit:
The two-day summit was aimed at getting political leaderships directly
involved in dealing with the threat of nuclear terrorism in the light of rise
of new terror groups like ISIS
What are the outcomes?
1.
Adoption of Washington Communique, which urges states(who have
not yet signed and ratified) to adopt and ratify legal Instruments like
International Convention for the Suppression of Acts of Nuclear
Terrorism and the International Convention on the Physical Protection of
Nuclear Materials.
2.
Creation of a Forum in the form ministerial level international
conference under the aegis of IAEA.
3.
Attention brought on link of nuclear security with cyber security.
4.
Voluntary Pledge to reduce the use of highly enriched uranium(HEU)
and plutonium in civilian nuclear facilities.
Whats expected ahead?

India and Pakistan need to make progress in reducing their nuclear


arsenal and ensure they do not continually move in the wrong direction
while developing military doctrines.

To reduce the global nuclear arsenal it is necessary for the U.S. and
Russia, the two largest possessors of nuclear weapons, to lead the
way.

The Islamic State (IS) terror group obtaining a nuclear weapon was
one of the greatest threats to global security. World leaders should
work together to prevent such spread.
What has India done in this regard?
India has taken multiple measures to prevent terrorists acquiring nuclear
weapons.

India has set up apermanent team of technical and security


expertsfrom multiple ministries and agencies that conducts table top
exercises simulating nuclear smuggling, phased out the use of highly
enriched uranium (HEU) and built a database of all radioactive sources
in the country.

It has also startedreal-time tracking of radioactive sourceswhen


they are transported and set up a network of 23emergency response
centresacross the country for detecting and responding to any nuclear
or radiological emergency.
India is also in the process of equipping all major seaports and
airports of the country withradiation detection machines.
While nuclear security is a serious domestic concern, India also used
the platform to push its desire for membership in the Nuclear Suppliers
Group (NSG), the exclusive club that controls global nuclear trade.
Indias export controls list and guidelines have been harmonised
with those of the NSG, and India looks forward to strengthening its
contribution to shared non-proliferation objectives through membership
of the export controls regimes.

11/04/2016
The Group of 7 (G-7) countries foreign ministers have issued Hiroshima
Declaration that calls for a world without nuclear weapons.
19/04/2016
Major obstacles to Nuclear Disarmament:

It is very difficult to see huge reductions in nuclear arsenal around


the world unless the United States and Russia, two largest possessors
of nuclear weapons, lead by example

Nuclear weapons being used as deterrent, so countries are not


willing to go for disarmament

Both the United States and Russia have launched massive long-term
nuclear weapons modernisation programmes, which in the case of
the United States are estimated to cost as much as $1 trillion over the
next 30 years
RCEP

18/04/2016
Regional Comprehensive Economic Partnership
Regional Comprehensive Economic Partnership is a proposed free trade
agreement between countries of ASEAN(10 countries) and 6 other
countries (including India).
India should join RCEP because:
1.
Allows India to diversify markets in Southeast Asian countries and
garnering benefits of common FTA over the whole region
2.
Enable India to become a member of global production networks by
scattering the production chains in different countries

3.

Lenient time limits for attaining labour and environmental standards


along with provision of protecting small industries would allow India to
secure domestic interests
4.
Joining the bloc will give boost to 'Act east policy' and would acts as
shield against losses due to Trans Pacific Partnership
India should not join RCEP because:
1.
Study by Commerce Ministry indicates that it can lead to a revenue
loss of 1.6% of the GDP
2.
Joining the bloc can result in cheaper imports from China as China
offers low price and better quality
3.
Competition with Indonesia and Philippines can reduce the benefits
of service trade within the bloc
4.
Domestic issues may arise due to such alliance such as harm
domestic manufacturing, leather industry etc.
5.
Ambiguity in the definition of balanced outcome with respect to
downscaling of tariffs
20/04/2016
Latest development:
The Regional Comprehensive Economic Partnership has asked India to
either agree to eliminate tariffs on most products quickly or leave the
talks on the proposed Free Trade Agreement (FTA). Some member
countries want India to take a long-term approach and agree to eliminate
duties in goods (barring in a few sensitive sectors in agriculture &
industrial goods) on a higher threshold within a decade to help India
leverage the opportunities arising out of the Global Value Chain.
21/04/2016
Indian Efforts: India was one of the first countries to have submitted its
offers on Goods, Services and Investments even before the last RCEP
Round in Brunei held in February 2016. Indias prompt offer was highly
appreciated by all the RCEP member countries.
23/04/2016
Draft RCEP agreement if finalised can reduce access to cheap medicines
due to its rigid stance on IPR issues.
Some TPP member who are also part of RCEP are trying to push TPP
standards in RCEP
REGIONAL TRADE AGREEMENT

Context:
Regional Trade Agreement which are under negotiations like RCEP, ASEAN
TA etc. contain several IPD provisions which may harm Indian interest.

Data exclusivity and Patent term extension are two of the major issues.
What is "Data exclusivity"?

It is a form of legal monopoly protection for a drug, over and above


the patent protections.

It is given expressly to compensate for the investment made during


clinical trials.

It implied that regulators cannot approve a similar drug with similar


data for the next five years, delaying the entry of generic, affordable
versions.
What is "Patent Term Extensions"?

These are given to compensate the company for delays in


processing patent applications.

A patent term extension will give another five-year monopoly to the


innovator company, again delaying the entry of generic drugs in the
market.
What would be impact of these provisions?
These provisions will impact innovation centric sectors like Pharma.

SAARC

Important development:

India will not take part in SAARC summit in Islamabad due to


continuous cross border terrorism

Afghanistan, Bangladesh and Bhutan also declared their reluctance


to attend the meeting

Nepal blockage (Due to new constitution; By Madhesis) is not in the


spirit of regional cooperation
Comparison of SAARC vis-a-vis NAFTA

Level of development in both the regional groupings are very


different.
o
In 1990 - Per capita GDP of US was 10 times that of Mexico
o
In South Asia difference is not that much

NAFTA was created by Mexico looking to use USA as an anchor


economy, India is not seen as that anchor

In NAFTA, Mexico got certainty of access to the US markets in return


of liberalising economy considerably. Situation in south Asia is different

There was no competition for USA in NAFTA to act as anchor. In


South Asia China is seen as an alternative
Two Problems in South Asian economic Integration:

1.
2.

External Politics
Domestic political ramifications of opening markets to neighbours

SAARC without Pakistan

Ever since it was launched in Dhaka with its first meeting in 1985,
the platform has been hijacked by the India-Pakistan rivalry.

It was a multilateral platform with a bilateral agenda.

Given Pakistans opposition of any Indian initiative, the grouping


never really achieved more than rhetoric

Examples:
o
Prime Minister Narendra Modi offered to build a SAARC
Satellite, a gift from India which would serve all the countries of the
group. Pakistan was the only country that declined. Eventually,
India decided to go ahead with the project and declared it as a
South Asia satellite instead.
o
Attempts were made to sign a treaty which would ease train
and road transhipment among member nations in 2014. Pakistan
opposed it and BBIN was signed instead.

Positives of SAARC - Pakistan


o
Pakistan anyways didn't cooperated in SAARC. It only created
obstacles.
o
Discussions can now become more multilateral rather than
being focused on Indo-Pak rivalry

Negatives of SAARC - Pakistan


o
Victim card will be played by Pakistan. It will say that India is
using its economic power and size to isolate Pakistan in the region
o
Afghanistan will be at a loss as all routes go through Pakistan
o
SAARC may become defunct altogether as BIMSTEC will
become more relevant. Work done for decades in SAARC will
become futile.
Analyse with suitable examples why maintaining friendly
relationship with its South Asian neighbors will be good for Indian
economy. (200 Words)
"One can choose friends but not neighbors"
India with its long history had problems with many of its South Asian
neighbors. For any country to continue their journey towards growth
contentious relations and hatred from neighbors will be a thorn in their
progress
and
India
is
no
exception.
1.

Maintaining peaceful relation with Pakistan is utmost important inorder to focus on development, otherwise India cannot fulfil its
aspirations to be one of largest economies. Untapped economy of
Pakistan can be a resource for trade and commerce.

2.

Shared porous border with Bhutan and Nepal are important for
cultural ties, better economic integration, exchange of benefits like
power, growing together peacefully.
3.
The ethnic ties is a parallel string of connection along with Palk strait
with Sri Lanka, economic development of Tamil fishermen contribution
to country, exchange of Buddhist cultural values will promote peace in
India especially Southern State of Tamil Nadu which is important for
country's holistic development.
4.
Development of Afghanistan is in the interest of India for peace in
the region from problems of terrorism and Afghanistan economy can be
a better bet for Indian businesses to spread their presence.
5.
The island nation of Maldives with Indian diaspora is a contribution
in itself and growing ties will encourage the trade, tourism of both.
South Asian neighbors are a valuable resource for economic integration of
India and
they can benefit immensely with their growing population and needs. The
problems of terrorism, border disputes, tax issues if solved then these
nations will add to Indian economy growth
Critically discuss the efforts made by SAARC countries to forge a
strong social and economic integration between their people and
the challenges they are facing in this pursuit. (200 Words)
SAARC(est 1985) is a regional grouping of 8 South Asian countries. They
have inherent positives like similar historical context, topographical and
demo-graphical features, natural resource endowments and social cultural
ethos. SAARC has taken many initiatives for the economic and social
integration of the region such as 1.
SAFTA, SAPTA and SATIS - These initiatives are aimed at regional
economic integration in terms of goods and services trade.
2.
SAARC Motor Vehicle Pact - It will help enable seamless transit for
the passenger and cargo vehicles among BBIN member countries(as
Pakistan has opposed it)
3.
Concept of SAARC satellite and SAARC university for social and
economic integration
4.
Hydro power generation and power trade agreement between
member nations like Bhutan, Nepal and India. Proposal for a regional
electricity grid.
5.
Setting up SAARC development goals on line of MDGs to alleviate
poverty
6.
SAARC development fund, SAARC food bank
7.
SAARC youth festivals and most important of all SAARC people's
meet.
8.
Declaration of 2016 year as SAARC year of cultural heritage and
decade 2010-2020 as year of intraregional connectivity.

9.

Besides, SAARC countries are engaged in various bilateral and subregional agreements to make-up for lack of progress, if any, at the
regional level.
10. Bangladesh, Bhutan, India and Nepal (BBIN) formed a South Asian
Growth Quadrangle aimed at boosting co-operation in energy and
power, environment, trade and investment etc. This was later joined by
Maldives and Sri Lanka.
Having said that, this region has several issues like1.
In built contradictions - They are w.r.t population size, military
strength, GNP, area etc. of member countries
2.
Varied security/threat perception- Smaller countries look towards
extra regional powers to offset it
3.
Unscientific and illogical partition by colonial power- This has left the
region suffering from many boundary ,both land and maritime, issues
4.
Diverse political culture- Different countries have varied political
systems like democracy, military dictator ship, presidential and
monarchy form of govt., creating hurdles in aligning the ideology.
5.
Indo -Pak conflict - Two of the biggest powers have fought 3 wars
since 1947 and harbour utter distrust for each-other and even led to
nuclearization of the region.
6.
Increased Chinese influence in the region
7.
Widespread socio-economic problems- hunger, terrorism, ethnic
rivalries, political turmoil, leadership crisis.
8.
Negative List on Import items de incentives trade and its growth.
SAARC countries would do well to build on their natural strengths and
resolving issues mutually to help the region prosper for the betterment of
their people.
Examine how the South Asian Free Trade Area (SAFTA) Agreement
has impacted India. (200 Words)
India is poised to become an economic powerhouse. This can't be done in
isolation from other economies. FTA is an avenue where India can achieve
economic and trade integration with her partners.
India currently has FTAs with ASEAN, Korea, Japan, Malaysia, Singapore,
Sri Lanka and Thailand. FTAs can be formulated to mutually benefit
partner countries by abolishing tariffs on movement of goods and
services.
Specific goods and services can be open for FTA and others might be kept
out of its purview. SAFTA is an FTA between all the South Asian countries.
Though it's a FTA it keeps essential commodities like agricultural produce,
automobiles etc. out of its scope. Thus SAFTA is a weak FTA and hasn't
achieved economic integration at all. This is mostly due to India's

geographical and economic size which might be intimidating to nonexporting countries.


A large negative list is maintained by countries like Pakistan to protect
their domestic markets.
As a result south Asia is one of the weakest economically integrated
regions of the world. Over 40% of EU trade happens within EU while it is
less than 5% for South Asia. SAFTA thus hasn't affected India's economy
the way it could.
But, it has enhanced the status of India of non-reciprocity in behaviour
among neighbouring countries and has paved the way for better regional
integration among SAARC nation. Further it has also provided boost to its
Act East policy, since it paves way for increasing economic growth of
North-east region.

SCO

Shanghai Cooperation Organisation

The SCO is a political, economic and security organisation of China,


Russia, Tajikistan, Kyrgyzstan, Kazakhstan and Uzbekistan.

The SCO is primarily centred on its member nations' Central Asian


security-related concerns, often describing the main threats it confronts
as being terrorism, separatism and extremism.

India and Pakistan have been observing member, but this year both
will become the functional member of the Shanghai Cooperation
Organisation (SCO).
Advantages of SCO membership:
India's membership provides several advantages:
1.
It provides another venue for engagement with China and Pakistan,
building up trust through cooperation.
2.
Full membership will enable New Delhi to closely interact with the
SCO's Regional Counter-Terrorism Structure (RCTS) based in the
Uzbekistan's capital Tashkent and participate in military exercises.
3.
SCO can play a key role in stabilizing Afghanistan post international
troop pull-out and in talks with the Taliban.
4.
Promotion of India's economic integration with the Central Asian
republics, which is in line with India's Connect Central Asia policy.
Member countries of the grouping are rich in energy resources both
hydrocarbons and uranium.
5.
Opens up trade, energy and transit route to Russia and China
through Central Asia.
6.
It will fit into India's extended neighbourhood policy.

7.

SCO could benefit


fundamentalists.

from

India's

experience

of

tackling

Why SCO membership may not be beneficial?


There are various reasons for this:
1.
A deep trust deficit between various members. India and Pakistan's
joining will aggravate the differences.
2.
SCO has only a handful of permanent bodies, such as its Secretariat
or the Regional Anti-Terrorist Structure based in Tashkent. These bodies,
like the SCO as a whole, remain chronically underfunded and have
limited powers to take decisions independently of their member
governments.
3.
China has always viewed the SCO as "its organization" and SCO is a
forum in which it is a rule maker rather than a rule taker.
4.
After India becomes member of SCO, China may try to enter
SAARC.
5.
US has applied for observer status in SCO in 2000s but same was
rejected by SCO citing geographical location. Now in the middle of
increasing Ties between US and India, Membership to SCO can put US
in suspicion towards India
6.
Indo-Pakistan long standing hostility could prevent more regional
cooperation among SCO members. Also, third party intervention in
Indo-Pak ties could increase which India would not welcome.
Link between SCO and OBOR:
1.
China would push OBOR via SCO
2.
India has not shown interest towards OBOR and thus there might be
some conflicts in SCO
Related Questions:

Critically discuss the advantages and disadvantages of SCO


membership for India. (200 Words)

WEST ASIA

Despite being a major player in the region, it is said that India's


foreign policy in West Asia lacks vision and is nearly moribund.
Critically examine why. (200 Words)
India's policy towards West Asia seems to follow no definite approach
despite the civilizational links, economic relations (dependence on crude
oil supply) and presence of thousands of Indian emigrants in the region.
The reasons for this lack of vision may be attributed to the following
reasons: -

1.

Piggybacking on Big Powers' stance:-Post 9/11 India has given up its


own say in the matters relating to the region and instead has taken
sides with Russia and China at the UN or allowed itself to be influenced
by the US. With no stance of its own India's voice has lost its timbre.
For example: -in case of Syria after voting against the Assad regime in
the UN along with US it turned around against the West on the issue.
India voted against Iran on the nuke issue presumably under the US
pressure, despite the engagements like Chabahar port and Delaram
Highway.
2.
Wanting to play it safe in the region:-Instead of taking a stand on
any conflict in the region India has always chosen to keep a distance
and this distance keeps increasing with increasing conflicts in the
region. The Palestine issue seems to be another area where India is
facing problems due to increased trade in defence with Israel and
silence is construed as endorsement of human rights violation. India's
role seems to have been limited to evacuating its citizens form war
torn areas.
3.
Dialogues with 'influencers' in the region instead of regional powers:
-India has wrongly believed in engaging with the powers like Russia and
US for the problems of the region instead of effectively engaging with
regional powers like Saudi Arabia and Iran through platforms like GCC.
The most glaring evidence is lack of diplomatic and high level visits.
The region is torn with ISIS, political turmoil, mutual bickering and ShiaSunni sectarian divide. West Asia accounts for 70% of all our oil imports.
Also bulk of the trade is carried through this region via Suez Canal. Not
only this-thousands of Indians are working in the region and sending in
huge amounts of remittances back home here in India. It is time that the
Indian govt realizes the importance this region holds for the country. And
any such policy should be independent of others and not influenced by
them.
In the light of ongoing regional conflicts in the West Asia,
critically analyse the relationship between Pakistan and Saudi
Arabia and its implications for India. (200 Words)
The Sunni-Shia dynamic finds a more political expression in the rivalry
between Saudi Arabia and Iran that are backing competing groups in the
various civil wars. If Tehran has lent support to the Bashar al Assad regime
in Syria, Riyadh is arming various rebel groups trying to overthrow the
government in Damascus.
Interdependence between the two: The Saudis want Pakistan to act as a
counterweight to Iran, and have long cultivated a close relationship with
its military
For Pakistan; Saudi Arabia is not only a long-standing source of aid but a
principal source of foreign exchange through much-needed remittances.

The problem for Pakistan: Being drawn into the Middle Easts sectarian
battles carries a greater domestic and regional risk for Pakistan than it
does for most of the Saudis other partners due to need to develop a
favourable relationship with Iran to solve its own Taliban problem
Implications for India: Though strain in the relations between Saudi Arabia
and Pakistan is definitely in Indias favour, Indias needs to balance
between Saudi Arabia and Iran, the two adversaries who happen to be
New Delhis allies. India needs a multi-vector policy and maximising every
bilateral tie irrespective of the size and political weight of the country.
Indias benign image and non-interventionist policy puts it at an
advantage compared to other West Asian powers.

FOREIGN POLICY

BIG BROTHER

New Delhis approach to its neighbors has increasingly been marked


by muscularity, evident in its recent attempts to browbeat Nepal into
carrying out amendments to its Constitution.

A brash neighborhood policy will not only help drive neighbors into
Chinese fold, but also provide traction to Pakistan's campaign against
an "Indian Domination"

South Asia needs is a friendly India, not a powerful big brother India
o
New Delhis efforts at influencing the Nepali political elite to
effect constitutional amendments - "Back off India" Campaign
o
The petroleum products crisis in Bhutan and the way it
effected a regime change
o
Myanmar 'hot pursuit' of rebels

India need to follow some basic principles in dealing with its South
Asian neighbors:
o
Good intentions are not enough --> need is to translate
declarations into concrete results
o
Sustained political attention at highest level
o
Uninterrupted dialogue

Strategic choice is not between intervention and nonintervention rather when and how to intervene - it should be based
on careful political judgement
o
India cant compel its neighbors to act in a particular manner.
Like US, Russia, China it must learn to live with the limits to its
power in the region --> use of blunt instruments makes the attempt
of persuading neighboring states much more difficult
o
Margin of error in India's regional diplomacy is shrinking
thanks to the rise of China. Therefore India needs to be cautious in
her thinking and action in neighborhood
o

DEVELOPING VS DEVELOPED DILEMMA

U.S. and the European Union look to India for strategic


convergence.
Asian and African nations expect Indian leadership at the WTO and UN
forums.
India has been a leader of developing countries till now via forums
like NAM, G77 and negotiated landmark agreements like GATT, Rio
Declaration on sustainable development
India has ratified Trade Facilitation Agreement which will create
awkward situation for India in front of developing world.

DYNAMICS OF FOREIGN POLICY

Compare and contrast challenges faced and the way they were
managed by India on foreign policy front during the post Cold
War
era and post- 2008 global economic crisis. (200 Words)
POST COLD WAR ERA:
End of cold war with soviet union disintegration in 1991 created new
realties
and
new
challenges
for
India:
1.
2.
3.

A unipolar world- weakening relevance of NAM


Fall of soviet union- needed closer ties with US, the sole superpower
Era of liberalization- new vigor of economic diplomacy searching for
new partners
4.
Nuclear test of 1998- sanctions by international community

5.

Increasing dominance of the west in international institutions like


WTO, IMF, WB
6.
Terrorism having its origin in cold war raising its head
How they were tackled:

Tie with US strengthened and taken to strategic level

Indo-US civil nuclear deal and resulting support by US and her allies
eased sanction and persuaded the world for India specific nuclear
policy

Look east policy to strengthen ties with economically crucial southeast Asia

Trade ties with china deepened

Strong voice against terrorism and canvassing for global


cooperation
POST 2008 FINANCIAL CRISIS:
Challenges:
1.
Slowdown of the west affecting Indias economy against need for
alternative and new economic partners
2.
Perceived weakening of US- growing assertion of Russia and china
3.
Emergence of some states in EU like Germany
4.
Chinese
assertion
in
Indian
Ocean
region
How it is being managed:

More south cooperation via BRICS, more collaboration among


developing nations

Not taking sides in the geopolitical posturing of Russia and china

Act east policy to further deepen ties with the region

Sagar mala yatra by PM and reviving Indian Ocean rim association


An energetic and vigorous foreign policy with long-term policy protecting
Indias
strategic and economic interest while treating others on the basis of
equality and
partnership will be the key.
EAST VS WEST DILEMMA

In recent years, India has become more open and aggressive in its foreign
policy. It is approaching both east and west which at sometimes are
antagonistic to each other.
Tilt towards West:

Joint military exercises with US and Japan

The Logistics Exchange Memorandum of Agreement (LEMOA) on


defence with USA has been finalised
India has been declared the U.S.s major defence partner
India has showed its cooperation with US led alliances, especially in
the South China region

Tilt towards East:

India joining SCO. The stated aim of SCO is jointly preserving and
safeguarding regional peace, security and stability; and establishing a
democratic, fair and rational new international political and economic
order. Analysts have always believed that the reference to the new
order juxtaposes the Eurasian SCO as a counterpoint to the
transatlantic North Atlantic Treaty Organisation
FOREIGN POLICY ARCHITECTURE
New Government's priorities:
1.
2.

Neighbour First: Prioritizing an integrated neighbourhood


Domestic interest: Leveraging international partnerships to
promote Indias domestic development.
3.
Act East: Ensuring a stable and multipolar balance of power in the
Indo-Pacific
4.
Counter Pakistan: Dissuading Pakistan from supporting terrorism.
5.
Global Role: Advancing Indian representation and leadership on
matters of global governance.
Steps taken with this New approach:

Warmed up to America

Sustained the old friendship with Russia

Deepened strategic partnership with Japan and Australia

Boosted India's neighbourhood policy

Wooed international business leaders

Reconnected with India's diaspora

Championship of reforms of UNSC

Stress on environment

Initiative to get closer to France, Canada, Germany, islands state


and Africa
Critically examine the inadequacies in India's foreign policy
architecture and suggest what needs to be done to address these
inadequacies. (200 Words)
Foreign affairs in the present times need a professional approach and
technical knowledge in diverse fields like climate change, trade relations,

strategic aspects etc. Given the rising profile of India on the global front,
there must be an overhaul of the Indian foreign policy architecture to
buttress India's position globally. Some lacunae
are as follows 1.
The cadre strength of the Indian Foreign Service (IFS) is around 900.
This is too low. As an analogy, much smaller city states like Singapore
have more diplomats than India.
2.
Due to small cadre strength India is not adequately represented in
many areas around the world. Thus, India's ability to influence other
nations suffer.
3.
The perspective Policy Division of the Ministry of External Affairs is a
moribund institution which does not get due importance.
4.
The low cadre strength leads to over worked officers who are too
involved in day today administrative affairs to devote much time to the
larger picture and policy formation.
5.
Foreign affairs encompass diverse fields like strategic affairs,
economic affairs, cultural affairs etc. However, the foreign policy
establishment in India rarely has outside experts or even officers from
other departments on deputation to deal with such issues effectively.
6.
Intellectual weakness- Indian foreign service officers are generalist
by training. while in the contemporary diplomacy to which issues
ranging from trade to climate change to science and technology are
central, these officers are becoming less efficient to deal with these
issues.
7.
Ideational shortcomings- The Indian foreign policy establishments
suffers from an acute inability to ideate outside the box. Much of the
intellectual are spent on routine management of ministry where adhocism, outdated precedents ,pragmatisms are guiding principles. This
principles have resulted in deep rooted structural biases against long
term planning and strategic thinking. our foreign policy by design tends
to be reactive in nature, rather than proactive or creative.
An overhaul of the foreign policy architecture will take the following steps
1.
Increasing the pace of the recruitment in the IFS as suggested by
the Shiv Shankar Menon committee.
2.
More deputation by IFS officers to other relevant ministries and
departments like Culture, commerce and defense establishments.
3.
Lateral entry into IFS for specialised posts or specific countries by
outside experts and deputations by officers of defense forces,
economic and commerce ministries.
4.
Institutionalising the 'soft power' aspects of Indian Foreign Policy by
establishing institutes modelled on the Allaince Francaise of France and
the Confucius Institutes of China.
A strong institutional framework is needed to ensure that the Foreign
Policy of the
country has a holistic outlook and contributes to the nation's overall
objectives.

HISTORICAL EVENTS IN IR

India's contribution in Indo-China, Korea, the Suez canal crisis and conflicts of
Austria
INDIAS ROLE IN FUTURE

"India's ability to be a pivotal power in Asia is contingent on the


restoration of the strategic and economic unity of the
subcontinent:
both to its west with Pakistan and Afghanistan and to its east
with
Bangladesh and Burma." Elaborate. (200 Words)
The Indian subcontinent has always been full of activity of trade and
commerce with
the other kingdoms, like Chinese, Mesopotamian, etc., since ancient
times. In the current scenario too, India stands as the largest country,
economically and politically, in the Indian subcontinent, which calls for a
greater role to be played by it, to upgrade the region and become a
pivotal power in Asia.
But such endeavour depends on its level of cooperation with the
neighbouring countries like Pakistan, Afghanistan, Bangladesh, Myanmar,
etc. which have a huge untapped potential.
1.
Between India and Pakistan, only the Indus Sutlej treaty remains as
the least controversial and least violated treaty till date. The TAPI and
IPI pipelines and APTTA initiatives can be the adequate steps for both
countries, to show their trust to each other and commence trade with
each other. But firstly, the anti-Indian elements in Pak and Afghan
regions, need to be tackled with, by a joint trilateral initiative.
2.
Also, India has proposed an Asian Highway-1 which will pass through
NE east India and Myanmar, which can be a huge impetus to the trade
and tourism between both countries, and also help to develop India's
NE region.
3.
With Bangladesh, the recent step of passage of LBA has reinstated
faith of Bangladeshis in India, which has reduced the number of border
disputes of India and can also be used to ink various other trade pacts.
4.
The SAARC forum also needs to be more active, and India being the
largest country, should lead the initiative, by investing in other
countries, in exchange for easier trade provisions for its traders.
Such measures will effectively help in tipping the balance of power
towards India in the long run and help India in becoming a dominant Asian
power in the future.
05/04/2016
In recent years, India is trying to overcome its defensive foreign
policy stance and position itself as future global power. In your

opinion,
what
challenges especially
at
foreign
policy
level should India overcome to become global superpower?
Discuss. (200 Words)
India has traditionally been a balancing power in the world. However,
recent instances such as leader of International Solar Alliance, net security
provider in Indian Ocean etc. suggest India now aspires for a leading
power along with balancing power in the world.
Challenges that India needs to overcome to become a global superpower
:
1.
Neighbours Disputes : India needs to first settle all disputes with its
neighbours - Border disputes with Pakistan, Teesta river dispute with
Bangladesh, Constitutional crisis in Nepal, Tamil problem with Sri Lanka
etc.
2.
China's Influence : India needs to counter China's influence over its
neighbours like Sri Lanka, Nepal, Myanmar etc.
3.
Organisations' membership : India needs to be the member of
important international institutions like UNSC permanent seat, Nuclear
Supplier Group etc.
4.
Cooperation with P5+1 : Main challenge before India's Foreign Policy
is to maintain friendly relations with all P5+1 members - US, Russia,
China, UK, France & Germany.
5.
Socio-developmental : India needs to alter its image as the home of
world's highest number of poor, needs to drastically improve its Human
development Index rank.
6.
Economic : India also needs to be self-reliant in Space & defence
technology, needs long term energy security.
7.
Security : India needs to guard its border (land, air & maritime)
effectively against all state & non-state challenges.
8.
Infrastructure: Falling short of
expectations
specially
in
infrastructure projects in neighbourhood like hydropower projects in
Nepal, connectivity projects in North East and Look East. Fast tracking
must be done.
9.
Define National Interest: to form consensus over what exactly is our
national interest and evolve a comprehensive National Security
Strategy. Debates are required and a clear command structure is
necessary.
10. Project strategic independence: Too heavy influence on our stance
due to heavy weights like US in Iran nuclear issue, USSR in Tashkent
agreement and Shimla Agreement. So we must be seen as taking
independent stand even if we are allying with any power.
11. We have to identify multiple objectives and sectoral allies like we
are closer to China on economic front, US on defence front and Middle
east on energy security front and so engage accordingly. Various
existing and emerging complementarities need to be explored and
leveraged like our demographic dividend and the ageing population in
the West.

12. Many of our initiatives and groupings are not realising their potential
like SAARC being held back due to one member. So here we can
diversify ourselves to other organisations like prefer BISMTEC over
SAARC.
13. Often India is seen as Big Brother in the region, so we must change
such image and act as Elder Brother as per Gujral Doctrine.
Notably, India's Foreign, Economic & various other policies have potential
to overcome all above challenges & become a global super power.
NON ALIGNMENT MOVEMENT

What is Non-Alignment?

The phrase non-aligned was first used by V K Krishna Menon at


the United Nations General Assembly in 1953 and by Jawahar Lal Nehru
in 1956

But as early as in late 1940s, Nehru had spelt out the strategy
behind the phrase, first in Constituent Assembly debates and later in
Parliament

The core idea was that, the very sense of India, with its history and
civilisation attributes, demands the pursuit of an independent foreign
policy. Decisions relating to Indias vital interests should not be
externally determined. Maintaining and, if possible, expanding the
countrys strategic autonomy is a continuing objective

Nehru once said that We should either be strong enough to


produce some effect or we should not interfere at all, which
demonstrates a realistic awareness of the limits of Indias ability to
influence events

The way Jawaharlal Nehru conceived Nonalignment was a strategy


and not a doctrine. For Nehru, the non-alignment was a strategy
designed to maximise newly independent Indias gains from the world
system. Nonalignment did not mean to choose to become a hermit
kingdom.
Nehru kept the West open for trade and aid, while on the other, it avoided
alienating the two communist powers in Indias immediate
neighbourhood, China and the Soviet Union. By adopting a policy to be
friendly to all, Nehru hoped to receive critical necessary foreign aid at that
time.

The Nonalignment 1.0 was just a way of making it clear that India
would act in her interests first rather than the interests of Washington,
Moscow, or Beijing (Peking)
What were implications of NAM?
Despite of initial rumblings from US congress, India was fairly successful in
its policy of non-alignment. India received aid from both blocks and
neither took India as a threat. In Nehru Era, India was able to maintain
satisfactory relations with US as well as USSR. However, India found
herself moving closer and closer to the Soviet Union. The reasons were:

United States kept supplying arms to Pakistan despite repeated


admonition from India
From New Delhis perspective, US was an unreliable partner, it was
proved in 1960s during financial crisis and food crisis.
USSR reassured India regarding the security measures against a
potential Chinese attack
India and US remained in contravention over the nuclear question
India was subject to a nuclear blackmail by US (allegedly) when it
deployed its aircraft carrier USS Enterprise during the India Pakistan
War of 1971
India did not like the US presence at Diego Garcia in the Indian
Ocean

We can say that India and US relations remained acerbated for the first
few decades of Indias impendence and that is why India tilted towards
Moscow and signed the Indo-Soviet Friendship Treaty in August 1971.
End of Non-alignment 1.0:
NAM as a strategy become useless with the end of Cold War when world
became Unipolar as USA became undisputed world leader.
Failures of Non-alignment:
The critics of Non-alignment say that the biggest failure of the policy was
the Indias failure to deal with China in 1962. It was said that India could
move closer to US to counter the abject poverty, grim state of economy
and problems in foreign trade. However, these were problems of India as a
state and not India as a country with independent foreign policy. The
failure was not of non-alignment, but of an economy spiralling out of
control (the concurrence with the China war/ pushing of Indias Five Year
Plans off schedule) and held policies held to because they had become
articles of faith than strategies.
Future of NAM:
NAM should be seen as "Strategic Autonomy" which is much needed in
today's world than in past. However, in today's context, India needs more
engagements with all players as world has become more inter dependent
than in the past. Few points to remember are:

Indias enhanced economic and security capabilities enable it to


influence external events and outcomes in a widening orbit compared
to the Cold War years. India enjoys greater leverage but bears greater
responsibility in dealing with regional issues such as South Asian and
East Asian economic integration and global issues such as climate
change and energy security.

Furthermore, in a globalises world, external issues impact our


economic and social development prospects while domestic choices we
make as a country, in turn, have an impact on the external
environment. Promotion of Indias interests demands far greater
engagement with the world than ever before.

Depending on the issue at hand, India will find itself working with
shifting and variable coalitions rather than through settled alliances or
groupings.
The country has inherent assets, such as a favourable demography,
a strategic location and a culture of creativity and innovation, which
create a window of opportunity to drive Indias emergence as a frontranking power, a master of its own destiny but generating a range of
public goods that make the world a better and safer place to live in.

Indian PM not attending NAM 2016:

Only second PM to do so.

It can be attributed to shift in Indias foreign policy given its


strategic partnership with the US and therefore NAM was not priority on
its agenda

However, foreign policy was always to attain a set of objectives. It


should not be seen as black or white, it is always shades of grey

Blocs and alliances are less relevant today and the world is moving
towards a loosely arranged order.

Our key national interest is to become one of the central pillars of


global politics and it seems as if China is the biggest stumbling block. A
lot of Indias foreign policy is about managing China today. There are
multiple poles emerging in the world and the US is at the centre of
them all

Problem with NAM has always been that even in a bloc, individual
nations have made foreign policy decisions based on national interest
and en bloc support has rarely happened
Source:

http://www.cprindia.org/research/reports/nonalignment-20-foreignand-strategic-policy-india-twenty-first-century

http://www.thehindu.com/opinion/op-ed/on-the-pm-not-attendingnam-summit/article9100971.ece

http://indianexpress.com/article/india/india-news-india/nam-summitvenezuela-vice-president-hamid-ansari-pm-narndra-modi-india3033838/

http://www.livemint.com/Politics/ectxbpHsJ2XUmRkXXqVbpL/HamidAnsari-leaves-for-Venezuela-to-attend-17th-NAM-summit.html
NUCLEAR DOCTRINE

Critically analyse Indias nuclear doctrine Vis a Vis Pakistan and


Chinas nuclear doctrines. Also
examine how the West views nuclear situation in South Asia. (200
Words)

Nuclear doctrine is a standard rules designed to guide nation in utilizing


nuclear
weapons
against
enemy
state/s.
Indias nuclear capability is to counter Chinese threat. Indias nuclear
doctrine follows NO FIRST USE policy. India is actively involved in
achieving
second
strike
capability.
India and Pakistan are non-Signatories to CTBT, NPT and China has not
ratified CTBT.

According to a SIPRI report and IHS Janes, India is expanding a covert


uranium enrichment plant that could potentially support the
development
of
thermonuclear
weapons.
Many experts believe that India must always be prepared for two front
wars, and recent announcement by China to sell 8 submarines to
Pakistan, supports experts belief.
Chinas nuclear doctrine is to counter US and Japan, while Pakistan only
Islamic State with nuclear weapons can use them against India in first
strike or to protect its allies in West Asia and Gulf nations. This is also a
case for China which is aware of USAs Pivot Asia policy.
For West, south Asia is fully potential hub of Nuclear Catastrophe;
many Islands in Indian Ocean can become modern Cubas. But, it seems
that neither India nor Pakistan have reached their desired maximum
number of nuclear weapons, the point at which they might feel there is no
need to produce more nuclear weapons or delivery systems.
Also, nuclear doctrines, of all three nations are very complicated and not
of same standard as of cold war, because in cold war every nuke of US
and USSR was targeted against each other.
So, West believes threat of nuclear war is very less as compared to Cold
War in this region.

RAISINA DIALOGUE 2016

What is it?

The Raisina Dialogue is envisioned as India's flagship conference of


geopolitics and geo-economics.

It is designed to explore prospects and opportunities for Asian


integration as well as Asias integration with the larger world.

The 2016 conclave focused on Asias physical, economic, digital


connectivity and fostering common global spaces with an emphasis
on Asia.

It is based on Indias vital role in the Indian Ocean Region and


how India along with its partners can build a stable regional and world
order.

The conference was held jointly by Ministry of External


Affairs and the Observer Research Foundation (ORF), an
independent think tank based in India.

The theme of the conference was Asian connectivity.


What is the importance of conference?

The conference is being seen as the government's attempt to rival


conferences around the world that attract global players such as the
Shangri-La dialogue in Singapore, and the Munich Conference on
national security.

The conference was being attended by speakers from 40 countries.

The conference provided opportunity for India to cement its role in


the Indian Ocean Region.

India's Foreign minister pointed out that that India's plans for
connectivity were "cooperative rather than a unilateral approach.
NOTE: You can mention Raisina Dialogue in IR answers as a bold move by
India. This is the sign if resurgent India.
SOFT POWER

What do you understand by "soft power" often referred to India?


Critically examine the potential and limits of "soft power" status.
(200 Words)
The term 'soft power' was defined by Joseph Nye as ' the ability to get
what you want through attraction instead of coercion or
payment.' According to Nye, a country soft
power rests on three resources
its culture,

its political values and

its foreign policies.


In case of India, soft power potential is large and largely stems from our
past which had seen rich kingdoms, diverse culture, voluminous trade,
philosophy and religion. Equally important is our present culture like

Bollywood, cricket, literature, financial aid and political values like


democracy and Non-Alignment.
Soft power becomes important in dealing with immediate neighbours. For
example we have Buddhist cultural linkages with Nepal, Bhutan, SE Asia,
Japan, China, etc. Ancient South Indian kings had influence up to
Indonesia in trade and sovereignty. Our Vedas were compiled in what is
today a belligerent neighbour whose culture on the other hand, was born
in India. Sri Lanka is connected to us since Lord Ram.
Middle East has a large number of Indian working and remitting huge
foreign exchanges. A large Indian Diaspora lives in the US, Canada and
Europe. All these people have successfully created a good image of India
and brought their culture in an alien land.
Bollywood films, Yoga, literature, Indian dresses, cuisines and
indigenously made Indian goods enjoy patronage amongst residents
worldwide. Tourism has further bolstered our rich legacy and present.
Besides, our values and principles like belief in democracy, non-alignment,
humanitarian assistance, etc. have always struck a chord with maximum
nations.
So we have immense potential as a soft power and this could be
leveraged into generating favourable opinion and backing at the
international level for safeguarding our legitimate interests. It is only apt
that we have initiated Project Mausam to integrate ourselves better with
Indian Ocean nations.
However, there are certain limitations to the use of soft power as a tool.
No matter how closely connected we are on a cultural basis, economic
and geo -political issues and alignments are tough to be outweighed by
using soft power. For example, India and Pakistan are culturally very same
but not otherwise. Use of soft power is a time taking process and not
necessarily yields favourable results. It also has to face soft powers of
other nations like growing Westernization in a consumer-centric world is
not exactly conducive to elements of our culture.
Thus, soft power can definitely be used in foreign policy but not to be
solely depended upon.
STRATEGIC AUTONOMY

Strategic autonomy and no military alliances are two tenets of


Indias foreign policy. In this regard what do you understand by
'strategic autonomy? Do you think India is strictly pursuing
strategic autonomy? Critically analyse. (200 Words)

Indias NAM policy has been root cause of its strategic autonomy. India
never favored wars and partnered with any of Super Power
(Hegemony). Strategic autonomy for India is non-involvement in any
conflict
which
is
on
political
ground
anywhere
in
world.
Economic crisis in 1991 compelled India to support Gulf War and bend its
Strategic
Autonomy.
India has signed Defence and Strategic Agreements with Russia, USA,
France, Australia, and other nations. But these agreements dont provide
that Indias will support any war which is not initiated unless resolution by
UNSC (example - India supported War against Terrorism in 2001).
India has never signed any military alliance treaty with any country
whatsoever. But when matter of Pakistan sponsored terrorism or Islamic
terrorism in concern India has always favored Hegemonic Powers.
But, India has not followed same strategic against LTTE in Sri-Lanka, and
other countries like Iran, Palestine and Egypt. So it generates doubts
about Indias commitment to its own "strategic autonomy". Recent,
agreement with US and Japan, distorts Indias position of neutrality
in world
strategy for
sure.
To conclude, Indias strategy Autonomy has changed but not terms
of Substance, and only in terms of Responsibility. India as an
important rising nuclear powered nation needs Global strategic policy
which includes (East, West, South and North). Our government (formed of
any political party) is committed to world peace and prosperity of all
people of world as enshrined in Article 51 of Indian Constitution.

SYSTEMIC CHALLENGES

Shortage of Manpower:

Despite expansion number of diplomats are smallest among G20


and BRICS nations.

For instance, in Africa over two dozen Indian embassies remain


headless for want of diplomats.

Similarly at the United Nations, where India is seeking permanent


membership of the coveted Security Council, the Indian mission is the
smallest among the G-4 (Brazil, Germany, India and Japan) aspirants to
the Council.

No inter agency process:

The inter-agency process becomes vital for foreign policy effective


implementation. However, inter-agency coordination in India is virtually
non-existent, especially when compared to other countries that India is
engaging with leading to foreign policy initiatives often getting bogged
down in bureaucratic wrangles.
Tax base problems:

As the worlds 10th largest economy, India is becoming a rich


country. But it remains a poor state primarily on account of its
extremely small tax base.

This in turn affects Indias ability to have a more proactive foreign


policy. Thus, while India merely negotiates, China (with a huge trade
surplus) invests in countries of strategic importance.
No strategic vision in foreign policy:

Presently, there are a series of catchy but vacuous foreign policy


initiatives, such as Neighbourhood First, Act East, Think West and
SAGAR. Sadly, these parts still do not add up to the sum of Indias
foreign policy.
Lack of institutionalised process of policy planning and making:

Indias foreign ministry also lacks an institutionalized process of


policy planning and making.

No say of think tanks in foreign policy


Ineffective engagement of state governments:

The inability of centre to effectively engage key state governments


as stakeholders in the foreign policy process can also scuttle bold
initiatives.

For instance the West Bengal governments opposition to the Teesta


River Agreement with Bangladesh left Indias previous prime minister
embarrassed in talks with Dhaka.
Other challenges:

Making awar free scenario in the SAARC neighbourhood,which


would make India an attractive destination for foreign investment

Developing the ability to shape the rules in global institutions, which


will have a direct bearing on the countrys economic well-being.

India faces an economicallyrising China to the east,staking a claim


on disputed territories in the Asia-Pacific region and spreading its
influence to the littoral states of the Indian Ocean.

To the west,the relationship with Pakistancontinues to be fraught


with difficulties with no solutions in sight in the near future

The sum of the investments which India gained through foreign


policy is still only a fraction of the one trillion dollars that India
estimates it needs for infrastructure alone.

BILATERAL
INDIA AFGHANISTAN

OVERVIEW

India's investment in Afghanistan:

Indias reconstruction and development assistance to Afghanistan


has been over $2 billion
A hospital in Kabul
The countrys parliament building
A 218 km road from Zaranj to Delaram for better connectivity from
the Iranian border
The 220kV DC transmission line from Pul-e-Khumri to Kabul
Salma dam in Herath, also called the Afghanistan-India Friendship
Dam
Training Afghanistan's policemen and civil servants
Scholarships, cultural exchanges and goodwill gestures like food
supply after earthquakes
Bollywood movies and cricket are a big hit in Afghanistan
Afghans view Indians as their friends
More recently India has donated M-25 attack helicopters to
Afghanistan which is seen as a policy shift as earlier India avoided any
military support

Concerns:

Taliban is still strong and its anti-Indian nature

Strong interference of Pakistan in Afghan affairs

Increased interest of China due to OBOR initiative and Afghanistan's


mineral resources

Withdrawal of US forces

CHALLENGES
Kabuliwala -> Rabindranath Tagore -->
between two countries.

underlines age old relations

Indo-Afghan Friendship Treaty in 1950 -> aid programmes have reached to


large part of Afghanistan
To help create an enabling environment for the Afghan people to realise
their vision of a functioning democracy that contributes to regional peace

and prosperity, Afghanistan and India signed a Strategic Partnership


Agreement in 2011
India provided Afghanistan four MI-25 helicopters to enhance its air
capability in the fight against a relentless terror campaign.
China, Iran and Russia --> need to collaborate with Afghanistan and India
--> SCO --> All effected by terrorism
Critically examine how does the latest political, economic and
security transitions in Afghanistan pose new challenges to India's
interests in the region. (200 Words)
Afghanistan stands to be an important country for India owing to its
strategic location of being a gateway to central Asia and its
stability/instability having a direct/indirect impact on India in general and
J&K in particular. In this perspective the recent transition on political and
security
fronts
brings
new
challenges
for
India.
The recent elections failed to provide an elected government resulting
into power sharing between the two main presidential candidates. With
both having ideological differences on various issues, this can lead to
differences and instability on political front which can be nurtured by
countries like Pakistan and China to reduce India's influence in the
country.
Recent multiple visits of ISI chief to Afghanistan is an example towards
this. This can create challenges for Indian influence and its efforts of
building democratic institutions, deepening democracy etc. Also projects
like
TAPI
pipeline
will
continue
to
be
in
delay
mode.
Secondly the transition of security responsibility in the hands of Afghan
forces from International Security Assistance forces (ISAF) forces after
their withdrawal poses another challenge. Any sort of failure into this can
lead to emergence of non-state actors like Taliban, Let manipulated by
Pakistan.
This poses grave threat to India's developmental projects like dams,
roads, railways, agricultural university etc. This situation can led to the
country becoming a hub of terrorist activities which will also have a
spillover
effect
on
India's
frontiers.
Further the insecurity over continuous international funding to the country
along with low developed domestic economy according to its demand
makes it prey to other countries. As an example it can move closer to
Pakistan under various pressures for sea route connectivity giving a big
challenge for India's effort to provide the same to the country via rail link
through
Chabahar
port
of
Iran.

Therefore it is crucial for India to take the ruling political class in


confidence of continuous support on various fronts including economic,
military, developmental. This will not only reduce any chances of
instability but will further raise India's credentials in the country which has
increased significantly over the recent years.
Should India open diplomatic channels to talk to Afghan Taliban
and try to bring peace to the region? Critically comment. (200
Words)
The decision of India opening talks with Afghan Taliban has to be taken
after due
consideration of merits and demerits of the case. So far, demerits have
held sway, but
considering changing geopolitical scenario and international equations, it
is time for a rethink.
Merits
1.
Taliban is no longer a monolith, but comprises various strands of
which not all are averse to talks.
2.
India's role in Afghanistan has diminished lately, due to AfghanChina-Pak trilateral talks with Taliban to resolve the issue and with
apparent tilt of Ashraf Ghani towards its immediate neighbours
3.
Social capital India enjoys in Afghanistan can be leveraged to
become an important stakeholder in the peace process. If successful, it
is sure to boost India's image as peace-promoting nation. India has
invested $2 billion in Afghanistan.
4.
In future, if Taliban chooses to accept political frame and finds space
in the govt, India' relationship with that govt is sure to get due favour
Demerits
1.
Any back-channel talks with Afghan Taliban are likely to opposed by
Pakistan, as it disagrees with India's role in Afghanistan altogether
2.
As India cannot have direct impact on conditions prevailing in
Afghanistan, Taliban groups may not be interested to open talks
3.
Talks with Taliban will mean abandoning its long-held belief of not
interacting with terrorist organization.
However, these demerits supposedly are for legacy reasons, of not much
significance
with changing times. Exercising realpolitik, it would be prudent on India's
part to
open channels for talks with Taliban and carve out its due space in
reconciliation
process in war-ravaged country.

It is argued that India is unable to devise prudent and timely


strategies to engage the north-western region despite losing its
strategic edge to other players in Afghanistan. Critically examine
the reasons and suggest, in your opinion, what should India do to
become a major player in the north-western region. (200 Words)
The northwest Asia has been seeing some dynamic changes lately due to
which India
is losing its strategic edge in the region.
1.
Withdrawal of US forces in Afghanistan and India's refusal to provide
militarily support to Afghanistan
2.
The change of government in Afghanistan resulting in changing
equations between Afghanistan and Pakistan. Under new government's
five circle policy,"Pakistan" is in the innermost circle of locals and
"India" is in the circle of neighbours.
3.
Increasing presence of terrorist groups like Taliban and LeT, even IS
to compensate for power vacuum created by US Forces.
4.
China's increasing strategic presence in the region, by implementing
is "one belt one road" program.
5.
Rise of Iran as a major game-player in the region after the nuclear
deal.
India needs to follow a better approach to tackle these issues and regain
its strategic presence in the region.
1.
Enhance diplomatic engagements with key neighbourhood countries
such as Iran, Afghanistan and Pakistan; focus level on these countries
should be as same as that on global powers such as EU, US etc.
2.
Move beyond compulsive bilateralism; go for multilateral groupings
to provide meaningful solutions to in neighbourhood as presently
provided by China.
3.
Initiate a meaningful dialogue with Pakistan; to come up with
regional solutions for regional problems; recognizing the fact that
Pakistan holds a strategic location in the region.
4.
India needs to realize China's rising importance in this region and
both countries as major powers in the region needs to work together
for stabilising and developing the region.
5.
Expedition of Indian projects that have been stalled in these
countries.
6.
Provide soft loans and know-how for nation-building and skill
development and encourage people-people interactions in the form of
cultural and educational exchanges.
For India to achieve status of major player in north western region; we
need a
refocus in form of "pivot to north-west" policy.

It is argued that Afghanistan can overcome its security problems


by performing well on economic front. Critically analyse how
Afghanistan can improve its economy and what role can India play
in
this
regard.
(200
Words)
Afghanistan is known for 2 things worldwide viz. Terrorism hub and poor
state of administration. Both of these complement each other. Both have
common reasons of existence that is economic deprivation. Afghanistan
can improve the economic deprivation and how India can help is as
under:
1.

Afghanistan is rich in mineral deposit like; Bamiyan Mountains are


rich in marbles, lime stones, quartz and other stone minerals. Also,
mountain Tora Bora region is rich in iron, copper bauxite but never
been mined. Hence, Afghanistan can ask for FDI and machineries with
other developed nations collaboration. Indias NMDC and steel
industries are also looking for cheap ores. Also it will lead to
construction of Strategic road and Pakistan cooperation. This will give
employment, revenue and exporting capability in Afghanistan while
healthy
diplomacy
and
revenue
to
India.

2.

For long time since cold war, Afghanistan is dependent on funds by


other nations; even after 2002 it has faced double digit growth every
year because of International Peace Assistance Force (ISAF) existence
and fund. But now such funds are drying up, so, security and
development both must be priority. This can be done through curbing
corruption in govt, allowing investments in Hydrocarbon exploration,
gas pipelines setup under TAPI and APC (Afghanistan-Pakistan-China)
project. This will led to security with cooperation with co-signing
nations also. India can also become beneficiary by promoting and
investing
in
such
schemes.

3.

Afghanistan is perfectly situated in regions of Central Asia, South


Asia and the East west corridor. India can utilize this for reaching
Europe through land route, counter balance Chinas dominance in
Pakistan and accessing cheap labour and minerals of Afghanistan.

4.

India govt can also help Afghanistan to curb al-Qaeda, LeT and other
terrorists outfit by providing technical assistance and training. As
Indias is largest provider of troops for UN PKF so, India can help in
stabilising Afghanistan as well as making her border safe, both at same
time.

Hence, India can play vital role in economic resurrection of Afghanistan


while getting benefitted at the same time.
Related Questions:

"India should move beyond the binary of economic cooperation and


military engagement and evolve a comprehensive policy which
involves all dimensions of power inAfghanistan." Comment

GEO POLITICAL DEVELOPMENTS


What is at stake for India?

India has invested in economic reconstruction in post-Taliban


Afghanistan.

India has built Salma dam in Herat province, which will boost the
agricultural and industrial sectors of Herat.

Irans Chabahar port, which has been built with Indian aid will be
linked to Afghan road networks.

India is one of the closest regional powers that has invested in


institution and infrastructure building in Afghanistan.

Besides the infrastructure work India has initiated and completed, it


has also signed the TAPI pipeline project that aims to bring natural gas
from Turkmenistan through Afghanistan and Pakistan to India.
Recent developments:

Recent PM visit to Afghanistan

India gave 4 Mi-35 helicopters signaling a change in strategy by


giving combat equipment. Earlier India avoided any kind of military
relationship.

Quadrilateral Cooperation Group (QCG) : made up of the U.S.,


China, Pakistan and Afghanistan that are facilitating the talks with the
Taliban. India is not a part of it as talking with Taliban is against ideals
of Indian foreign policy. (Related note Taliban Negotiations)

Below content is only for understanding. You can skip it if you


know the basics of India-Afghanistan relations.
Considering
the
ongoing
geo-political
developments
in
Afghanistan, do you think India should be worried? Analyse why.
(200 Words)
India's relations with Afghanistan has traditionally been warm primarily
due to the assistance accorded to Afghanistan in the form of humanitarian
and reconstruction aid and investments running up to $11 billion as of
2012. The primary objectives behind such aid programmes were to
improve connectivity and economic collaboration with the resource rich
countries of Central Asia and to diminish counter Pakistan's influence in it.
However, the impending withdrawal of the US army is an issue of concern
for India as the geopolitical and military vacuum created in Afghanistan
may be filled up by China and Pakistan respectively, especially due to the
continued prevalence of ethnic disharmony in Afghanistan. The Chinese

have already initiated a trilateral framework which includes Pakistan and


Afghanistan and have committed to construct a hydroelectric project in
eastern
Afghanistan.
Such moves by China can potentially erode the goodwill created by India
in Afghanistan in addition to easing Pakistan's desire to increase its
influence in Afghanistan, which it believes to be its strategic backyard.
This will enable Pakistan to relocate its troops from its western border to
the east, along with possibly sabotaging India's attempts to engage with
Central Asian countries (e.g. TAPI). Also, anti-India terrorist groups in
Pakistan may be encouraged to collaborate with terrorist groups in
Afghanistan.
The solution to this problem is a strong and unified Afghanistan which is
neutral to all countries in addition to playing the role of a beneficiary to all
stakeholders. This requires the deepening of the democratic institutions in
Afghanistan. Leveraging its goodwill in Afghanistan and allying with Iran to
counter Pakistan's influence in Afghanistan along with continued aid and
support seems to be the best course of action for India currently.
Considering recent geopolitical developments in Afghanistan, do
you think Indias role in that country has been reduced to that of
a
marginal
player?
Critically
analyse.
(200
Words)
Afghanistan remains to be one of the most important countries in the
region citing various dimensions including peace and stability, mineral
resources and the country acting as a gateway to mineral rich central
Asia. But the recent President Election and subsequent geopolitical
developments
have
raised
some
concerns
for
India.
The relations between Kabul and Islamabad are growing which is evident
from Afghan president Ashraf Ghani choosing Pakistan for its first foreign
visit which was followed by subsequent exchange of visits between the
two nations. Also Pakistan will be training afghan soldiers. Further China's
interests and influence are also rising in the region as China is keen to
make use of resources along with curbing the Uighur movement in its
Xinjiang province. To enhance the prospects China is also funding road
and rail projects connecting Pakistan and Afghanistan. Also a trilateral
meet was held recently between the three countries which hint towards
growing
linkage
among
them.
While citing the above development some scholars fear the increasing role
of China and Pakistan in Afghanistan at the cost of India who will be
marginalized in due course of time. But at the same it needs to be seen
that India have invested around $2 billion in the country and enjoys a
good reputation of a friend among the Afghan population which will help
the country in protecting its interest. Also India being involved in some of
the key projects like agriculture, construction of dams, parliament which is
crucial for the country in economic, political terms. President Ghani

himself being an economist would not like to curb on any of these


aspects.
Lastly Taliban would also like to favour India in order to limit/diminish the
role of Pakistan. Presently Afghanistan is going through a crucial time and
change. Therefore New Delhi should have a constant eye on the
developments and happenings in the country and should take coercive
steps to secure its interests.
Should India worry about recent geopolitical developments taking
place in Afghanistan? Critically comment. (200 Words)
Afghanistan has been an important element of India's foreign policy
because of strategic, economic, security and connectivity [to Central Asia]
implications. Recent spate of events in Afghanistan especially after the
presidential elections in Afghanistan has caused some anxiety and
concern
in
India.
For example:

Back to back visits of Afghanistan president to Pakistan

Shelving of Afghanistans demand for military equipment from India


and suspension of the construction of a $400 million tank and aircraft
refurbishing plant

Acceptance of Pakistani offer for Afghan army cadets to train in


Pakistan.

Holding of first China-Afghanistan-Pakistan Trilateral Strategic


Dialogue and increased financial commitments from Beijing in
Afghanistan's infrastructure development- Dam in Kunar and Motorway
to connect Peshawar with Kabul and a rail link between Quetta and
Kandahar etc.

Growing role of SCO post withdrawal of US forces where India is yet


to acquire membership in spite of repeated attempts.
However, Afghanistan shouldn't be seen as a zero-sum game with limited
scope for engagement. India is the fifth largest investor in Afghanistan
and has invested $2 billion in infrastructural and humanitarian projects
and formidably popular among the Afghan population.
Afghanistan's current shift is because of the current political exigencies
[for e.g. indispensability of role of Taliban] rather than a principled one.
India must continue to engage with Afghanistan on projects of Capacity
building and development and other stakeholders involved therein. The
upcoming visit of Afghan President is an opportunity for this.

TALIBAN NEGOTIATIONS
Why India should take part in these negotiations?

May lead to peace -> more development -> prosperous neighbours


-> good for India

To counter China and Pakistan who are already taking part in these
negotiations.
To prevent a puppet regime of China and Pakistan
Central Asia is important for India. Afghanistan is the key to access
it.
Afghanistan is mineral rich and India is mineral hungry as it is
growing fast. Peace is needed to reap those minerals.
India has already invested $2 billion in Afghanistan and lots of
energy in gaining goodwill among Afghans. It should not go waste.

Why India should not take part in these negotiations?

India can ruin its goodwill if afghans see India as interfering in their
internal matters.

US is withdrawing and India might be left alone.

Interference could further worsen India's relation with Pakistan


What India can do?

India can take Iran and Russia on board as they have equal stake in
Afghanistan.

India should adopt a flexible approach towards Taliban and be


pragmatic as everyone is ready to negotiate with them (USA, Iran,
China, Pakistan etc.)

INDIA AFRICA
OVERVIEW
Why India should take part in these negotiations?

May lead to peace -> more development -> prosperous neighbours


-> good for India

To counter China and Pakistan who are already taking part in these
negotiations.

To prevent a puppet regime of China and Pakistan

Central Asia is important for India. Afghanistan is the key to access


it.

Afghanistan is mineral rich and India is mineral hungry as it is


growing fast. Peace is needed to reap those minerals.

India has already invested $2 billion in Afghanistan and lots of


energy in gaining goodwill among Afghans. It should not go waste.
Why India should not take part in these negotiations?

India can ruin its goodwill if afghans see India as interfering in their
internal matters.

US is withdrawing and India might be left alone.

Interference could further worsen India's relation with Pakistan

What India can do?

India can take Iran and Russia on board as they have equal stake in
Afghanistan.

India should adopt a flexible approach towards Taliban and be


pragmatic as everyone is ready to negotiate with them (USA, Iran,
China, Pakistan etc.)

ATTACK ON AFRICAN NATIONALS


Frequent attacks on African national in India has led to some tension in
Indo-African relations leading to boycott of African Day celebrations
Issues:
There has been incidents of mobbing, beating, and stripping of African
residents in various cities across India, along with wildly exaggerated
accusations of criminal activity, sometimes by state authorities
themselves
Concern:

Movement of people between India-Africa is on rise, such incidents


can hamper this and can become a cause of concern for Indians in
Africa

Africans in India are generally medical and education tourists, which


will be impacted
Why is this happening?

Stereotype in Indians about Africans being immoral and lawless

Lack of sensitisation by government


What can be done?

Clear guidelines should be there to register complains of Africans


and concrete action should be done on them

More active support from African embassies in protecting and


sensitising Africans about Indian sentiments.

INDIA ALGERIA
RELATIONS

Indias bilateral trade with Algeria currently stands at 1.5 billion


dollars a year with the trade balance in Algeria's favour given India's
import of oil and gas.
The major item of exports from India to Algeria has been
automobiles.

India is looking to develop a Joint Venture arrangement with Algeria


for a multi-billion dollar fertilizer plant

Why India is forming JV with Algeria?


Phosphorus is one of three important elements in the chemical fertilizers
that are most important in plant nutrition along with nitrogen and
potassium. India, which has up to 96% phosphate dependency. Currently,
India imports raw phosphate resources from a number of African countries
including Tunisia, Egypt, Jordan and Syria and also from Russia, Canada
and Israel among others. For India, forming JV Algeria will have major
favourable food security implications and also could ease the fertilizer
subsidy burden.

INDIA AUSTRALIA
AUSIDEX
AUSINDEX 15 - The first edition of the biennial bilateral maritime exercise.
Maritime and strategic ties will be strengthened.

INDIA BANGLADESH
BOUNDARY SETTLEMENT
Land Boundary Issue timeline:

Facts:
o
India and Bangladesh have a common land boundary of
approximately 4,096.7 km.
o
The India-East Pakistan land boundary was determined as per
the Radcliffe Award of 1947.
Land Boundary Agreement (LBA) of 1974: It was an agreement
signed on May 16, 1974, soon after the independence of Bangladesh,
to find a solution to the complex nature of border demarcation. While
Bangladesh ratified the agreement, India didnt as it involved seceding
territory and indicating these precise areas on the ground.
In September 2011, India and Bangladesh signed a protocol on
border demarcation and exchange of adversely held enclaves.
100th Amendment to the Indian constitution (Amendment of
First Schedule to Constitution): Exchange of certain enclave
territories with Bangladesh and conferment of citizenship rights to
residents of enclaves 100th Amendment Act paves the way for the
operationalization of the 1974 India-Bangladesh Land Boundary
agreement.

Under the Agreement (LBA), 111 border enclaves will be transferred


to Bangladesh in exchange for 51 that will become part of India.

Despite resolving the land boundary issue between them, India


and Bangladesh still have few more contentious issues to resolve
between them. What are these issues? Critically analyse. (200
Words)
India and Bangladesh recently resolved the land boundary issue through
ratification of Land Boundary Agreement. But there are still some
contentious issues that needs to be resolved
1.
Teesta Water Treaty- Teesta is a river originating from Sikkim and
then enters Bangladesh via West Bengal. The drafted agreement of
2013 says that two countries to share 50-50% water. But West Bengal
government is not willing to accept this agreement, stating that during
dry season the water flow of the river drops and leads to problem of
irrigation in the State. The government needs to resolve this issue
through negotiations involving all the major players.
2.
Illegal Immigration- Illegal immigration has been a long standing
dispute among both the governments. There are around 20-30 million
illegal Bangladeshi immigrants who possess a threat to locals in Assam,
West Bengal and other region. The issue of human trafficking and
smuggling across the border needs to be checked.
3.
Transit Rights - While India wants transit rights through Bangladesh
to better develop its North Eastern part, Bangladesh is wary of any
such request as infringement of its sovereignty.
4.
Security Concerns - Bangladesh has also served as the base of a
large number of terror groups, especially active in North East Indian
insurgencies. While the current government has done a lot to curb the
use of its territory, more needs to be done.
5.
Tipaimukh Hydro-Electric Power Project on the Barak river on the
eastern edge of Bangladesh. Bangladesh has objected to this project
and India has assured Bangladesh that we will not take this forward in
current form. India also assured Bangladesh that no unilateral decision
on the Himalayan component of their river-interlinking project which
may affect Bangladesh will be taken.
India's development cannot be complete and sustainable unless we
succeed in
building productive partnerships with our immediate neighbours. India
should,
therefore, devote its energy to work more closely with neighbours in
pursuit of its
development goals.

What are the salient features of India Bangladesh Land Boundary


Agreement (LBA)? How will this agreement affect relationship
between India and Bangladesh? Examine. (200 Words)
Features of the bill:
1.
The swap will involve handing over 17,000 acres of land to
Bangladesh (in return for 7,000 acres in 51 enclaves in Bangladesh) in
111 enclaves in WB, Assam, Tripura and Meghalaya, and was decided
under the 1974 LBA
2.
It gives the people residing in the Bangladeshi enclaves, their
rightful citizenry rights (under Indian Citizenship Act of 1956)
Effect of agreement:
1.
It will help in increasing the goodwill image of India among the
Bangladesh population
2.
Awami league led by Sheikh hasina is a pro-india party. It will also
gain more foothold in the country, which is beneficial for India in the
long run
3.
It will help in ascertaining the border line and increase the security
of NE region and put rest to the increased illegal immigration.
4.
As India has boundary disputes with majority of its neighbours, this
will be a huge step in resolving one of the long standing disputes.
5.
Will pave way for clearing the Teesta water sharing accord as the
next step
6.
Populations will now have access to the development, job
opportunities, laws or rights of either the country to which they belong
or the one that surrounds them.
7.
Provide law and order and security on border areas.
8.
Improving its relation with Bangladesh to make it all weather partner
for support in forum like BIMSTEC, RIM, SAARC etc
In the present scenario of increasing influence of China in the south east
Asia and
beyond, India desperately needs more friends in its neighbourhood, for
which LBA is
a crucial step

RELATIONS
Facts:

Bangladesh inked MoU for carrying petroleum goods to Tripura via


Bangladesh

Bangladesh comes closer to China


o
Bangladesh and China have agreed to elevate their bilateral
relations to strategic partnership.
o
Bangladesh formally joined OBOR initiative
o
They also agreed to establish institutional cooperation in areas
of maritime issues and counter-terrorism

Why Bangladesh is important for India?


1.
Geopolitical importance of Bangladesh
o
Can connect North East
o
Large Muslim population. Can be tapped by terrorist
organisations
2.
Success of Act-East policy
o
Can act as a bridge to South East Asia
3.
Socio-economic development of North-East
o
Shorter routes to connect mainland with NE
o
Power sharing and transmission lines via it
4.
To reduce the influence of china
o
A "neutral" Bangladesh also ensures containment of an
assertive China in this region, including along the strategic sealanes of the Bay of Bengal. It will also help to counter Chinas One
Belt One Road (OBOR) strategy.
Major irritants with Bangladesh
1.
Illegal migration: Since the 1971 war of independence that
created the state of Bangladesh, millions of Bangladeshi immigrants
(the vast majority of them illegal) have poured into India.
2.
Border Management: The Indo-Bangladesh border is notorious for
smuggling, apart from trafficking in arms, drugs and people.
3.
China card: Bangladesh uses China card to supplement its
bargaining capacity against India.
4.
Water sharing : We share 54 trans-boundary rivers, big and small.
(Ganga River Dispute, Teesta River Dispute, Barak River - Tipaimukh
Hydro Electric Project Dispute etc.)
5.
Anti-India sentiments : Presence of various anti India groups like
Harkat-alJihad-al-Islami (HUJI), Jamaat-e-Islami, and HUJI-B
Critically analyse the role of some of India's eastern and north
eastern states which share border with Bangladesh in improving
relations between two countries.(200 Words)
The different ways in which states especially the eastern and North
Eastern affect India Bangladesh relations are:
1.
The initiative of bus service between Guwahati to Dhaka and
between Agartala from Kolkata via Bangladesh is commendable will
help to shorten the distances between the otherwise secluded North
East states and the Indian mainland. It would also open trade
opportunities with the resource rich Myanmar.
2.
Finalization of the Land Boundary Agreement (LBA) also showcases
the active engagement of states like Assam, Meghalaya, WB inter alia
in deepening Indo Bangladesh ties.
3.
The development of business hats (trading centres) on TripuraBangladesh border is a good step which will help in integrating the
people through trade.

4.

An agreement in the river water sharing such as the Teesta River is


much awaited.
5.
Migrant issue is another area of concern where bordering states can
help to plug porous borders and can help in regulating immigration and
emigration of people.
6.
Alongside this, Assam can involve with Bangladesh to tackle the
immigrant issue of the Bangladeshi into the region. They can also
cooperate with each other on insurgency issues and cross-border illegal
transactions
7.
The cooperation between Bangladesh Standard Testing Institute and
BIS India would add to trade relationship
Therefore Border States play a crucial role. Centre should take into
account the views of these states and at the same time states should act
in a responsible manner and should prefer national interest over various
political or economic differences.
Write a critical note on the areas of cooperation, their potential
and progress made so far in them between India and Bangladesh.
(200 Words)
Cooperation areas:
1.
Border LBA signed
2.
Energy - Bangladesh is electricity deficient country. Hydropower
potential of north eastern states and Bhutan can be harnessed to
satisfy need of Bangladesh and other Indian states. India currently
supplying 500MW electricity. Agreement between the countries such as
71 km. Baharampur Bhermara transmission grid, 100 MW of eletrcicity
from palatana power project in Tripura.
3.
Connectivity is another area of cooperation. Connectivity of north
eastern states with Central India can bring prosperity to north east.
Transition infrastructure can provide economic prosperity to
bangladesh too.
4.
On India's internal security front, the Sheikh hasina govt has handed
over many terrorists to Indian forces and put a check on infiltrates
setting camps and taking shelter in bangladesh.
5.
BIMSTEC and SAARC have opened up avenues for multilateral
exchange of
6.
Kolkata-Ashuganj-Tripura transit facility becomes operational
However, the progress has not been up to the mark.
1.
The teesta agreement still evades consensus.
2.
Bilateral trade is heavily skewed in India's favour. The borders still
remain permeable to all manner of goods, animals and people
generating demographic and ethnic concerns in India's North east. The
transactions costs of our trade are still very high, with forced transshipment of goods at the border and the absence of coastal shipping.

Customs and documentation requirements are not up to international


standards
What can be done
1.
India must thus reach out to bangladesh in light of the trust
generated by recent LBA, in areas of river water sharing and unilateral
measures in trade in line with gujral doctrine.
2.
The BCIM project offers a huge prospect towards connectivity to our
north east.
3.
Providing currency swap facility to bangladesh, investing in its
industries and jointly developing its ports (ashuganj) to connect them
with our north east , nepal and bhutan must be explored for greater
joint prosperity of saarc.
4.
A revival of Railways (kolkata to Khulna) and Bus Services
((between Guwahati to Dhaka & Slyhet to Shillong) can be undertaken
5.
India could redress the trade imbalance with greater market
facilitation, further reducing non-tariff barriers, and promoting
Bangladeshs industrialisation
6.
India can fund energy infrastructure for Bangladesh such as
Friendship pipeline to supply one million tonnes of diesel from Siliguri.
Legacy of Pakistan
For the major part of four decades plus that Bangladesh has been
in existence, it has been a pale shadow of Pakistan. Clearly, the
legacy
of the liberation war has not been as exemplary as the Indian
national
movements. Critically comment on the statement. (200 Words)
Bangladesh, though being liberated in 1971 still have not been able to use
its liberation legacy for its betterment and has remained somehow like the
Pakistan
because
1.
2.
3.
4.
5.

The practice of democracy is still not done in complete pragmatic


manner. Eg- The recent one -sided elections.
After the war, there were times, when Bangladesh was ruled by
military rule like Pakistan. human rights violation are quite frequent
even now.
Extremist groups like Jamaat-e-Islami still have a huge population
base who wants to rule out the democratic power and are fanatic.
Proper services are still not available to common people which can
be inferred from the fact that infiltration towards India continues till
date.
Like Pakistan, Bangladesh had also been the place where terrorists
lived, nurtured and since the India Bangladesh border is porous, attack
easily in eastern states of India.

Many insurgent groups seek shelter there. but still, Bangladesh is not just

the shadow of Pakistan and had achievements in its

bag too.

1.

Even after the military rule, the rule of people had been established
back with two main political parties- Awami league and Bangladesh
nationalist party.
2.
Though gradual, but the services are reaching poor through govt
programs and civil societies like Grameen bank.
3.
The convicts of the liberation war of 1971 are being punished
through the independent court system.
Ruling party should look for reconciliation and rapprochement with
moderate Islamists. Political prisoners should be released. Fair and
transparent elections where opposition also participates should be
conducted. India should extend a friendly hand to ensure normality in
neighbourhood.
ILLEGAL IMMIGRATION
The issue of flow of illegal migrants into India from Bangladesh
has been an irritant in the relationship between India and
Bangladesh. Critically examine Indias policy towards illegal
migrants and the impact of this issue on affected states of India.
(200
Words)
Illegal immigration from Bangladesh has been a long standing dispute
between India and Bangladesh. According to some estimate, there are
close to 20-30 million illegal Bangladeshi immigrants (IBI) in India. This
has been a highly emotive issue, especially in states like Assam, and one
that cannot be ignored. Accordingly, the following has been the policy
response
of
successive
Indian
Governments:
1.

2.
3.

4.

5.

Illegal Migrant Determination Tribunal (IMDT). Set up in 1988 by an


act of Parliament, it was tasked with the identification and deportation
of IBI from Assam. But, it did not perform as expected. Considering its
poor performance, the SC struck down the law in 2005.
Assam Accord All persons who crossed over from Bangladesh after
1971 are to be deported.
India tried talking to successive Bangladeshi governments but not
very successful. One of the biggest hurdles in deportation of IBI is
Bangladeshs consistent denial that its citizens are illegally crossing the
border.
Border fencing and a push back policy. However, this measure has
also not been fully effective as many areas remain unfenced on
account of delayed land acquisition and non-resolution of boundary
disputes. In this contest, LBA is a progressive step.
Both the countries signed in 2011, a joint Coordinated Border
Management Plan (CBMP). However, the laxity in border patrolling
displayed by Bangladeshi border guards has diluted the impact of this
initiative.

6.

India has installed thousands of kilometers of barbed wire and


floodlights, and its Border Security Force (BSF) even adopted a
controversial shoot-on sight policy to deter those who might cross
illegally. Since this only resulted in the number of people being killed,
government adopted non-lethal strategy in 2011, through an
agreement.

The influx of IBI into India has had the following consequences:
1.
2.
3.
4.
5.
6.
7.
8.
9.

Ever increasing social and ethnic conflict. This will result in


increasing instances of violence in NE.
This has now become a political problem and has contributed to the
identity politics in these states.
There is an increasing change in the demography of the region and
the inhabitants fear that they will be reduced to a minority in their own
land.
Illegal trade and illegal drug trafficking across the border has
threatened the safety and security of the region.
Arms and human trafficking has increased due to illegal
immigrants.
The increasing population has added pressures to the already
overburdened administrative structures.
Loss of job opportunities for the locals.
Encroachment of areas around deltas forests lands and tribal areas
Immigrants mostly engage in agricultural work and do not pay
taxes,
thus
hardly
contributing
to
government
revenue.

In this light, a lasting solution will require dialogue. Indian needs to take
Bangladesh onboard for dealing with this problem. Bilateral binding
agreements should be made for curbing illegal migration. For this, the
goodwill earned by the recent ratification of the LBA will help.
[Latest government is looking into suggestion by 2 NGOs that
immigrants from Bangladesh who are Hindus or any other religion who are
crossing the border due to fear of religious persecution should be given
citizenship status in India]
ATTACKS ON SECULAR ARTISTS
Bangladesh-a secular, Muslim-majority country-has struggled with violent
Islamist groups since the country fought war for independence from West
Pakistan in 1971.
Bangladesh, in recent times, has been witnessing a spate of attacks on
minorities, liberals and secular activists, bloggers and journalists.
Why bloggers (liberals and secular activists)?

Radicals
groups
have
targeted
bloggers
their atheistic and secular views over the last few years.

for

The bloggers are among those who would want to hold on to the
ideal of a secular state that was conceived after the historic war of
liberation against the then West Pakistan in 1971.
The bloggers were supporters of the war crimes trial.
Bloggers are instrumental in shaping public opinion in cyber
space against communalism.
Bloggers have criticized militant/ radical groups.

Fall out of war trial

The current Awami League government claims to be committed


to secularism, and has boldly initiated the trial of war criminals who
committed genocide and mass rape during the Liberation War of 1971

Jamaat-e-Islami, the countrys leading Islamist party and firm ally


of the Bangladesh Nationalist Party (BNP), has been hardest hit by
these trials. Many of their leaders have been convicted of war crimes.

The main opposition, the Bangladesh Nationalist Party, has


joined hands with the Jamaat-e-Islami to unleash violent protests
against the government, particularly against the war trial in which
several Jamaat leaders have been indicted.

When one of the leaders, Abdul Quader Mollah, was convicted,


spontaneous agitations erupted in Dhaka culminating in the Shahbag
protests in 2013 demanding capital punishment for those convicted
for the war crimes of 1971.

In fact, much of the recent Islamist militancy in Bangladesh is in


response to the trials of 1971 war criminals by the International Crimes
Tribunal.

Since 2013, a variety of local Islamist groups are believed to be


responsible for the murders of at least 40 pro-secular writers and
activists, members of religious minorities and foreigners.

The killing of the bloggers comes against this background.


Analysis

Killing of secular bloggers also raises questions about


the commitment
and
capability
of
the
Bangladesh
government in protecting its citizens from organised violence.

By means of the murders the Islamists are sending a message


to the government and the public that anyone who criticises them
would face a similar fate.

Government should initiate credible steps to ensure the safety of


citizens. Failing to do that would only send a message to the assailants
that the authorities tend to tolerate such attacks.
INDIA BHUTAN
GROWTH OF DEMOCRACY

Examine the events and factors that helped Bhutan become a


democracy. (200 Words)
Bhutan is a country who is very small in geographical area compared to
India but this small nation has taught many things to the world in a small
time especially to measure Gross National Happiness instead of GDP.
In 2008 Bhutan became a democratic country due to the vision of their
fourth king Jigme Singye
Wangchuck of Wangchuck dynasty who became king at the age of 17. He
first worked upon foundations of peaceful economic development and
political stability with full support from India and preserved its
geographical isolation, he applied his mind seriously to the future course
of his kingdom. Until the 1980s, Bhutan had sought to zealously preserve
its
geographical
isolation.
King Jigme Dorji Wangchuck took the first steps towards democratization
by setting up a 130- member National Assembly in 1953. His son and
successor Jigme Singye Wangchuck further loosened the monarchys grip
on absolute power in 1998 when he took steps to rule Bhutan in
conjunction with the National Assembly as well as the Council of Cabinet
Ministers. He followed that up by setting in motion the drafting of a
constitution in 2001.He has a great vision and in contemporary world he
knew that someday monarchy will be challenged so he himself promoted
for the democracy. He transferred most of his powers to a nominated
Council of Ministers, thereby volitionally diluting the concentration of
power in the throne. Then, in 1999, he allowed both television and
Internet
to
make
their
entry
into
Bhutan.
In 2005 he passed the monarchy to his eldest son and then issued a royal
command that work on a new Constitution must begin immediately with
the express purpose of converting Bhutan into a parliamentary democracy
with a constitutional monarchy. He remains above the democratic fray, but
is very much bound by the Constitution. Although the process is
cumbersome, the king can actually be impeached under the Constitution
by
Parliament.
Moreover, the Constitution also mandates that a monarch must
compulsorily retire at the age of 65. Democracy, albeit with a strong
Bhutanese flavour, has come to stay in the Forbidden Kingdom, and India,
as the worlds largest democracy, can only welcome it.

RELATIONS WITH BHUTAN


India and Bhutan have had long-standing diplomatic, economic and
cultural relations. Bhutan-India relations are governed by a friendship
treaty that was renegotiated only in 2007, freeing Thimphus external
relations from New Delhi, but still subjecting the Himalayan nations
security needs to supervision.
Why Bhutan is important for India?

All weather friend.

Hydroelectric potential which when developed will remove power


crisis in Eastern states

Buffer state to China

Strategic importance: The Chumbi Valley is situated at the


trijunction of Bhutan, India and China and is 500 km away from the
Chickens neck in North Bengal, which connects the northeast with
rest of the country.
Negatives:

Dependence of Bhutan on India. Huge trade imbalance

Recent inclination of Bhutan towards China


Recent Developments:

The Union Cabinet has approved a new agreement on Trade,


Commerce and Transit between India and Bhutan. The Agreement
provides for a free trade regime between two countries. It also provides
duty free transit of Bhutanese merchandise for trade with third
countries. As per the agreement, bilateral trade between both
neighbouring countries will continue to be transacted in Indian Rupees
and Bhutanese Ngultrum.
Source:

http://www.thehindu.com/opinion/editorial/reaching-out-tobhutan/article6120402.ece

http://www.bhutannewsnetwork.com/2014/07/the-chinese-shadowover-india-bhutan-relations/
INDIA CAMBODIA
OVERVIEW
2 MoUs :

On Tourism

On the Mekong-Ganga Cooperation Initiatives

Budget announcement- SPV with regard to CLMV (Cambodia, Laos,


Myanmar and Vietnam). Setup to attract Indian investments.
INDIA CANADA
URANIUM DEAL
Critically examine the context and significance of the uranium
supply deal that was signed between Prime Ministers of India and
Canada. (200 Words)
[1]
India's economy has seen rapid expansion, resulting in a surge in demand
for energy. As a result, India is looking to increase its dependence on
nuclear energy. India has 22 nuclear reactors and plans to build some 40
more in the next two decades. India and Russia sign civil nuclear
agreement, ensuring nuclear fuel supply for Kudankulam plant. Uranium
supply deal is also signed with Kazakhstan and Australia. Local uranium
enrichment
is
also
gaining
momentum
by:
1.

Expanding military gas centrifuge uranium enrichment facility at


Ratnahalli enrichment plant
2.
Building large unsafeguarded centrifuge uranium enrichment plant
in Chitradurga District (Karnataka) But, India plans to generate 45,000
MW of nuclear power by 2032 - an almost 14-fold increase on current
levels.
Though agreement was reached in 2012 with Canada, but differences over
the supervision of the use of uranium in India delayed ratification of the
deal. Canada banned the sale of uranium and nuclear hardware to India
after India used Canadian technology to make its nuclear bomb.
Importance

of

this

deal:

1.

It is also politically vital because long restriction of trade came to an


end which shows trust in Indias Non-proliferation commitments on
international platform.
2.
This deal will also diversify sources of uranium supply to India which
is necessary for uninterrupted fuel supply to India's Nuclear Power
reactors.
3.
Help
in
controlling
climate
change
in
India
Announcement of Canada to supply uranium to India boosts India's plan to
increase its nuclear capacity to meet growing energy demand.
[Comments]
While giving context on local uranium enrichment is good, not sure if it is
needed here. Second, I would expand more on the importance of deal i.e.
How it falls in line with recent deals with US, it's likely impact on the Indo-

Japanese (Agreement with Japan can help us gain credibility, seek entry
into NSG, MCTR + nuclear tech for our reactors) + how it can aid in
technology
transfer,
enhance
capability
of
NPCIL.
[2]
Presently GoI is focusing on nuclear energy; to meet growing energy
needs of our economy. By 2032, India is expected to have 45000 MW of
nuclear capacity; making assured supply of nuclear fuel (uranium)
absolutely essential; moreover indigenous uranium production is too
meagre
about
350-400
MT.
Thus

need

arises

for

India

to:

1.

Establish reliable partnership with countries which can fulfil our


uranium requirements.
2.
Pursue bilateral agreements with such countries to ensure an
assured uranium supply. it is pertinent to mention that globally Canada
is the largest producer of uranium; it is in this context that, the recent
India-Canada uranium supply deal under which Cameco Crop, Canada's
largest uranium producer will supply 3220 metric tonnes of uranium
concentrate for Indian nuclear power reactors over five years, assumes
special
significance.
Significance

of

deal:

1.

Marks a fruitful conclusion of two years of protracted negotiations


that followed the 2013 civil nuclear deal between two countries.
2.
India diversifies its uranium supply; as it already has supply
agreements with Australia and Kazakhstan.
3.
Ensures energy security for India in future; beneficial to economy.
4.
Upholds
our
commitment
to
cleaner
environment.
The deal is a booster for Indo-Canadian ties; marks an end to moratorium
by Canada on nuclear trade with India since 1974.
INDIA CHILE
OVERVIEW
Relations:

Among the Latin American Countries (LAC), Chile was the third
largest trading partner of India during 2015-16.

During 2015-16, India's bilateral trade with Chile stood at US$ 2.64
billion with exports at US$ 0.68 billion and imports at US$ 1.96 billion
respectively.

India has friendly relations with Chile and Indias exports to Chile are
diverse.

Chile also has been cooperating with India at the International fora.

India-Chile preferential trade agreement

India and Chile have inked an agreement to expand the scope of


their existing Preferential Trade Agreement (PTA) by covering more
goods for tariff concessions

Expansion of India-Chile PTA will enhance the trade and economic


relations between the two countries. It will be an important landmark in
India-Chile relations and consolidate the traditional fraternal relations
that have existed between India and LAC countries
Background:

The India-Chile PTA signed in March 2006 came into force in August
2007.

Bilateral trade registered growth of 60% from 2006-07 to 2014-15


after the PTA came into force.
What is a PTA?
A preferential trade agreement is a trading bloc that gives preferential
access to certain products from the participating countries. This is done by
reducing tariffs but not by abolishing them completely
INDO CHINA
COMPARISON
It is said that economic agents have greater confidence in the
systemic stability of democracies despite overt manifestations of
political instability. Analyse why based on a comparison between
India and Chinas economies and how it has impacted their
growth stories. (200 Words)
China's economic policy of state capitalism(SC), which was adopted
after reforms were introduced in 1979 has, over the decades, emerged as
the ideal economic development strategy due to the high growth levels
China has been able to maintain over the past three decades. This
strategy has even been considered superior to the one outlined in
the Washington consensus, especially after the South-East Asian
economic
meltdown
of
1996.
India's economic growth and social welfare programmes, on the other
hand, have been overshadowed by that of Chinas. Also, India lags far
behind China in the exports sector and the volume of FDI inflow. Policy
implementation in India is also slower than China's as was evident in the
differences observed in the organization of the Beijing Olympics and the
Commonwealth
games.
However, there are certain aspects of our economic strategy which is
superior to that of China's. Chinese growth is too dependent on exports
and investments, while domestic consumption is the primary growth-

driver in India's case, making it less susceptible to shocks from the


International economy. The greater freedom accorded to Indian companies
and the lower level of bad loans among Indian banks, compared to that of
China's, are other positives of our economy.
The biggest advantage which India has over China is the vibrant
democratic system of the country, which has proved to the world that an
authoritarian regime is not necessary for robust economic growth. Our
strong democratic credentials also give more confidence to foreign
investors, even though China has a larger market size. Leveraging these
advantages to ensure a sustainable economic growth of India is the way
forward for the country.
Critically compare and contrast foreign policies of India and
China, especially with respect to meeting their security, strategic
and
economic
needs.
(200
Words)
Since independence India has adopted a foreign policy based on principles
such
as:
1.

Non-alignment: remaining away from any military blocs;


independent opinion at global forum.
2.
Panchsheel: based on mutual peaceful coexistence.
3.
Gujral doctrine: magnanimity with our neighbours;
4.
No
first
nuclear
strike:
In this way India has gained a lot of trust & respect from global
community; translating into immense softpower which we yield in almost
world over; on flip side we are seen as a nation lacking teeth & muscle.
On the other hand China has adopted a foreign policy based on objectives
such
as
1.

One China policy: A nation cannot have official relations with China
& Taiwan both.
2.
MSR & SREB initiatives: focus on infrastructure development in
countries of Central Asia, Africa, and Indian Ocean region; to gain
strategic leverage in the region.
This way China has risen from status of a third world country to become a
major player on global arena; but it is viewed with suspicion by global
community; often seen as an aggressive & assertive nation:
1.

Security: focus on investments in Tibet & Xinjiang; hub of ethnic


violence; this will promote industry & infrastructure; to generate
employment; curbing secessionist tendencies; but India has failed to
ensure
development
in
LWE
areas
by
any
means.

2.

Strategic interests: China has encircled India through mega


infrastructure projects; on land via SREB initiatives & sea via MSR
initiatives; CPEC in Karakoram; India lacks vision in this matter & has
only reacted to string of pearls by speaking about naval modernization
& through meagre measures such as Chhabar port in Iran; currently we
are seeking alliance with countries such as Vietnam & Japan which
seems
a
right
step.

3.

Economic needs: after sustained double digit growth China plans to


cool off its overheated economy through an investment (funding infra
needs of other countries) led growth; this will keep inflation checked;
for India inflation remains a headache; record of sustained growth in
comparison to China remains poor.

Chinese policy is enriched by a vision & pragmatism which seems nonexistent in Indian policy; India can emulate China as an example.
CHINA FOREIGN POLICY
Do you think, considering recent foreign policy initiatives of
China, its rise is peaceful and reassuring to its neighbours?
Critically analyse. (200 Words)
China, due to its growing economic and military might, has been a force to
reckon with and only next to U.S in the recent times. Its growing stature
on global stage is, thus, not a surprise. It has taken a number of foreign
policy initiatives specially the current regime under President Xi Jinping
which have several negative under pinning for its neighbours
1.
Increased assertion in South China Sea - China's assertiveness in
South China Sea ( recent land reclamation ,warning/threat to vessels
entering these waters and unilateral claim on natural resources) has
left its many of ASEAN members worried.
2.
Claims on East China Sea - China's claims on disputed islands in
East China sea has concerned South Korea and Japan, two of its
important neighbours.
3.
'String of Pearls' and CPEC- China's String of Pearls in IoR and CPEC
in PoK despite India's reservations has left India dismayed. Recently
China has also defended Pakistan in UN sanctions committee on
terrorists Sallauddin and Lakhvi.
However, China's few initiatives have also indicated its genuine
willingness to
play a responsible power's role
1.
NDB and AIIB - These multilateral institutions have been set up with
major thrust from China to not only supplement existing multilateral
financial order but also to assist the developing world ( specially Asia)
financially for its needs.

2.

OBOR - Silk road economic belt and MSR initiatives are aimed at
reviving historical silk routes to Europe by bringing economic
development to the participating nations.
3.
China's assistance to its neighbours like Myanmar, Nepal, Central
Asian countries etc for developmental needs is also a case in point.
However, critiques also see them as a part of larger Chinese design.
Thus, we see that China, being a major power of the world should carry
itself in a more acceptable manner by respecting international
laws/treaties/practices, taking smaller neighbours into confidence and
respecting the ethos of Panchsheel principles. It should not only act in a
more responsible manner but also should be seen doing so. Only then, its
"peaceful rise" shall be in a larger global interest.
Good Articles:

http://indianexpress.com/article/opinion/columns/india-must-unilaterallycede-a-veto-to-china-military-partnership-united-states-2770140/

BOUNDARY ISSUES
The Special Representatives of India and China, on a separate
track, are engaged in a lengthy process of negotiations to define
the final frontiers between their countries. Critically examine
what factors are holding back both countries to come to a final
solution on this issue. (200 Words)
India and China have a 4058 km long disputed Line of Actual Control (LAC)
which is proving to be a barrier to stronger relation between the two
neighbours. While mutual distrust led to outright hostility and even a war
in 1962, the issue has not been satisfactorily resolved. The following
reasons impede resolution of the problem:
1.
Nationalistic Reasons - Negotiations over disputed boundaries
require some manner of give and take. However, jingoistic sentiments
on both sides make compromises difficult.
2.
Political Reasons - Negotiations are held hostage to political climate
in both the countries. As a result they are sometimes not given due
priority which slows the process.
3.
Strategic Reasons - While India claims the Aksai Chin plateau, China
does not wish to give it up because a strategic road connecting
Xinjiang and Tibet passes through Aksai Chin. On the other hand, while
China claims Arunachal Pradesh, India cannot give that up due to the
people living there.
4.
Realpolitik - An unsettled border with India gives China a strategic
advantage as it creates uncertainty in the mind of India.
5.
Economic Reasons - As India seeks greater economic integration
with China, China is delaying the boundary settlement so that it can
then leverage its economic control over India to dictate a more
favourable boundary settlement.

For closer relations and to give credence to the dream on the 'Asian
Century' it is necessary that India and China resolve their differences over
the boundary issue. It demands a pragmatic approach from both the
countries and a push from the political leaders. A fair settlement of the
boundary question could become the defining moment of the 21st century
and lay the groundwork of the 'Asian Century'
Write a brief note on the history and importance of McMahon Line
for India. Critically examine why this Line has become bone of
contention between India and China. (200 Words)
Shimla Accord was signed between British India and Tibet in 1914 through
British and Tibetan Govt representative. But it is disputed by Chinese Govt
on the basis that Tibetan Govt has no authority to do so because it was
under Chinese suzerainty as per the Anglo Russian Accord and Chinese
representatives have not accepted or signed it.
In 1948 Communist Govt of Beijing brought Tibet under its direct control
and Nehru declared McMahon Line to be final boundary line between India
and China in return of India giving up its extra territorial right over Tibet.
But since 1959 failure of Tibet uprising and Dalai Lama arrival in India
things changed and China refused to recognise McMahon Line as
boundary
Today, China does not recognise Arunachal Pradesh or McMahon line. It
shows Arunachal as South Tibet. This boundary was never demarcated
and continues to be on paper only with both sides reinforcing military and
witnessing skirmishes.
McMahon line is important for us because we believe Arunachal Pradesh is
an integral part of India more than what Tibet is of China. The region is
endowed with natural beauty lie evergreen forests, many endemic species
of flora and fauna. Eco tourism can be a great business and so can be
medicinal value of these.
Also, Arunachal Pradesh has Brahmaputra which had immense potential of
hydroelectric power which can sustain the Seven Sister states. Recently,
oil had been discovered and many minerals might also be found in young
Himalayas. Most importantly, the region is vital for India's security
concerns due to proximity to Bangladesh and Myanmar.
China does recognise McMahon line as boundary with Myanmar but not
with India. This issue gets compounded due to other factors like Aksai
Chin, Pakistan China ties, emerging economies and India viewed as
West's paradise by China.
Lately, the two nations have sought diplomatic means to resolve the
boundary issue and it should be prioritised as it is the only issue over

which a future war may be fought. We cannot also give up our claims in
return for Aksai Chin. India should reach out to local population with more
fervour and opportunities for growth, employment, etc.
RELATIONS
Facts and Phrases:

Modi - China and India are "two bodies one spirit"

Joint Counter Terror drills - Hand in hand 2015

China opposed India's bid in Seoul while other 47/48 members of


NSG supported it.

China has become hub for circulation of fake Indian currency notes.

Chinese individuals supplying arms to NE insurgents.

India-China high level talks to combat terrorism held


Despite some major shared interests and willingness to
strengthen their mutual relationship, few factors are hampering
the full development of ties between India and China. Critically
examine what these factors are and evaluate the efforts being
made to resolve them. (200 Words)
The Relations between India and China extend over centuries with trade
along Silk route, Buddhism, teachings at Nalanda University etc. The
Panchsheel has become a major plank of friendship and peaceful
coexistence. The war of 1962 has created a shadow of mutual distrust and
created a deep scar on relations.
Relationship with any country is Broadly based on 3 parameter
Government to government
1.
India soft stance toward Tibet autonomy .
2.
China policy to encircle India through MSR,
3.
Visa issue for Arunachal Pradesh
4.
China capture large portion in land in Ladakh( Aksai Chin)
5.
Creation of Pakistan -China Economy corridor through Karakoram
range has been opposed by India as it affects India's sovereignty.
There is lot of measure taken by both government from time to time to
resolve issue. Like confidence building measures, border defence
cooperation agreement, Hotline between army chief of both country, more
flag meetings, special representatives mechanism etc. But India and china
relation is "very fragile, very easy to be damaged, and very difficult to
repair."
People to people
1.
There is also less people to people communication between India
and china which hamper relationship.

However there is great potential for tourism because of Buddhism.


Recently India have taken a step forward to give E-Visa to Chinese tourist.
This can be proved good for economy generation in tourism sector.
Proposal for establishment of cultural cities in India. Bollywood and yoga
also have potential to increase the ties
Business to Business2.
India have Trade deficit with china.
3.
Indian IT and pharma industry facing many hurdles in its operations
in china
4.
Chinese firms facing problems like visa approvals, delay in
clearances for projects in India
5.
China's import promotion zones, industrial parks in India, trade fair,
liberalising visa (e-visa) can help
There is a wider scope available for mutual co-operation in a number of
areas such as NDB, BRICS, AIIB, SCO etc. With the mutual co-operation,
certainly the 21st century will belong to Asia.
Do you think the 21st century would belong to China just as 19th
and 20th centuries belonged to Britain and America respectively?
What would be India's role in 21st century? Critically analyse.
(200 Words)
The view that "21st century belongs to China" is supported by global
pundits; the
reasons are:
1.
The present position of Chinese economy with high growth, foreign
reserve
2.
Increasing role in global economic scenario by creating new
development bank and huge infrastructure creation in the form of
maritime silk route and belt and road initiative to link with major
economies of world,
3.
For security, China is constantly building and upgrading its weapon
stock. Latest inclusion of intercontinental ballistic missile which can
reach out to US can be helpful as major deterrence
4.
They are ensuring multiple trading routes so that in case of
emergency, blockade of any one route doesn't hamper their trade
But there are hurdles. Few of them are:
1.
China has border problems many of its neighbours like India, Japan,
Philippines, Vietnam. This can lead to creation of anti-Chinese block
which can hamper Chinese endeavour.
2.
Major investor in china is US while majority of debt to US is provided
by Chinese. Such situation cannot continue for ever and can lead to
turmoil during economic crisis situations.
3.
Engagement with rogue nations: such as north Korea, Pakistan &
Iran makes world wary of Chinese intentions.
4.
Growth of many other nations like india, brazil, SE aisa etc

India can play a major role in 21st century:


1.
India can play big role in maritime security
2.
India can become manufacturing hub of world given that its
population is young and 2nd Largest in world.
3.
India can assert spirituality in world order for world peace given its
secular and multi culture nature. re-stressing on cultural ties & soft
power such as International Yoga day, Nalanda university, Gujral
doctrine.
4.
Greater role in regional security and better coordination at SAARC
level
5.
She can be one of the poles in emerging multi-polar world and can
work for peace in the world.
6.
India can play major role in climate change talks, UNSC reforms etc
Critically analyse India's relationship with China. (200 Words)
China being biggest Indian neighbour and both are emerging countries.
They have areas of overlapping interest and differences. Relation between
2 can be studied on following broad areas:
1.
Security: There is a great suspicion between two countries of each
other's activities. Chinese projects of Karakoram highway project, South
China Sea, Silk Road project, Pearl of string theory and border activities
of Chumar have generated huge suspicion in India. The closeness of
India to USA, Japan, and Vietnam etc. generates fear among China of
India becoming part of its entrapment. The lack of cooperation and
confidence building measures are the reason behind it. Refuge given by
Indian Govt to Dalai Lama and Tibetan Govt in exile never goes down
well with Chinese Govt and is seen as potential interference in its
internal affairs.
2.
Border Dispute: Aksai Chin, Arunachal Pradesh region are the main
area of dispute between two countries. 1962 war in which India lost
Aksai Chin region has created great doubts about Chinese intentions on
border disputes. China claim AP to be part of Tibet. Both countries
failed to solve this dispute despite formation of committee comprising
special representatives. China has also been issuing stapled visas to
people of Arunachal Pradesh.
3.
Trade: Huge trade deficit, market restrictions imposed by China is
restricting realisation of trade potential. Trade deficit is $48 bn in
china's favour. India is exporting only cotton, iron ore etc. while china
exports to India high-tech goods. Also, India's market in china for IT and
pharma is very small.
4.
People-to-people. China wants e-visa facility to be extended to it so
that there is increased flow of tourists and businessmen from either
country. Recent Indian thrust on soft power diplomacy by using
Buddhist linkages to build strong bonds is a welcome move
5.
International Platform: Both countries lead Developing, emerging
countries on various platform e.g. Climate change, WTO, UN etc. So
they have quite common interests which bring them closer.

The huge mistrust between the two countries needed to be removed and
the political class has the main responsibility. People to people contact
needs to be relaxed and the historical cultural links needed to be further
strengthened. 21st Century belongs to Asia if these countries work in
coherence with each other rather than in hostile mistrust.
ARUNACHAL PRADESH

Critically comment on Chinas position on Indias Arunachal


Pradesh. Do you think Chinas concerns and reactions to Indias
activities in Arunachal Pradesh are driven by its insecurity about
Indias rise in Asia? Examine. (200 Words)
In 1951, China became Indias neighbour not owing to geography but by
annexing Tibet. In recent years China has created conflict zone across the
Himalayas especially in Arunachal Pradesh. Arunachal Pradesh is
internationally recognized as a state belongs to India. It is influenced by
Tibetan,
Burmese
and
Bhutanese
culture.
China lays its claim on Arunachal Pradesh (AP) on the basis of its cultural
similarity with Tibet. It has gone to the extent of citing of birth of 6th Dalai
Lama in Tawang District (AP) in 17th century. The irony is that China
openly covets AP as a cultural extension to Tibet, thus is a part of China.
Chinas claim on Arunachal Pradesh cant be driven by insecurity of Indias
rise in Asia rather it can be treated as a classic attempt of incremental
annexation. Since 2000, China has been claiming AP (earlier only Tawang)
in its entirety and is motivated by its desire to put a stop on Tibetan
nationalism which it believes is fueled by support from India. Arunachal
Pradesh is also strategically located at the confluence of the international
borders
of
India,
China,
Myanmar
and
Bhutan.
This extension of territorial claims and increasing aggressions in Arunachal
Pradesh, East and South- China sea Islands, indicates a concerted strategy
of widening of Chinas sphere of influence and control. Thus to counter
this India also need to develop strategic policy and not just adopt 'wait
and watch policy

TIBET
Critically comment on the Chinese policy on Tibet, especially in
the
light of recent events where Tibetan supreme leader Dalai Lama
has
said that he would not reincarnate. (200 Words)
The Chinese have kept up with the policy of repression and saturating the
ethnic Tibetans with Hun Chinese. Unlike the Indian policy of allowing
tribal and north easterners to slowly integrate into the mainstream at their
own pace, the Chinese have adopted the policy of assimilation that aims
at uprooting the traditional culture of the minority community and
replacing
it
wholesale
with
the
mainstream
one.
The unintended consequence of this policy has been mass uprising of
Tibetans even against the well intentioned measures for government. The
Uighers have taken to violence due to same policies, but Tibetans have
kept
their
peace
due
to
Dalai
Lama's
urgings.
Chinese policy in Tibet has been to take over the temporal and spiritual
powers of the Lama legacy by trying to impose government selected
candidates. They opposed Dalai lama when he said that he wouldn't
reincarnate in his next birth. It was quixotic to see the atheist Chinese
trying
to
force
reincarnation
of
a
religious
head.
The Tibetans will have none of it and would most likely follow Dalai Lama's
instructions. The important thing to remember is that the will of the
people has to be taken under account. China is no longer a communist
nation in action. They are more of exploitative capitalists with a
communist facade to keep their bosses in power. Unless power and
freedom is divested to the locals, the trend of violence and opposition will
continue despite the efforts of the government to force their own views.
Some analysts argue that the imminent crisis in IndiaChina
relations will come to the fore when the question of the Dalai
Lamas succession in Tibet can no longer be ignored. In your
opinion, how should India try to resolve its differences with
China? Critically comment in the light of the statement. (200
Words)
There some facts India must keep in mind in matter of Tibet:
1.

China is an atheistic state. CPC reacted furiously to the Dalai Lamas


suggestion that he may choose not to be reincarnated.
2.
Without the support of Western public opinion there would have
been no independence movement in present day Tibet.

3.

Tibetan diaspora (especially overseas) represents the most obvious


threat to long-term Chinese hegemony over Tibet.

China believes:
1.
Tibetan Autonomous Region is historically an ethnically mixed
region, so no question of separate homeland.
2.
Tibetan civilization was never unified under a single Tibetan ruler,
whether Dalai Lama or Panchen Lama.
3.
Tibet has attributed to neo-liberal reforms and the penetration of
market relations to all aspects of Chinese life.
4.
Chinese society has grown economically, covering all ethnic
populations.
It is impossible to know how the Tibetan diaspora will react to the
passing of the Dalai Lama
India's
Stand
should
be:
1.
2.
3.
4.
5.

India has accepted Tibet as integral part of China, so there is no way


around.
Tibetan nightmare can disrupts Border issue with China.
India must strongly oppose any inhuman activities in Tibet.
India must allow exile government of Tibet trying to control political
situation in TAR.
Any matter on Dalai Lama's reincarnation must be ignored, because
it is matter of faith and not politics.

Tibet has remained biggest stone in balancing ties with China; India must
act consciously considering western opinions also on Tibetan problem, but
without enraging Chinese aspiration and expectation towards India.
Recently China rejected Middle Way Path advocated by Dalai
Lama to resolve the Tibet issue.
Examine what Middle Way path advocates and how does India
view
this
path.
(200
Words)

As Tibetans don't accept current status of the Tibet under the China.
But they also do not seek independence for Tibet. Thus Dalai Lama's
Middle Path advocates to peacefully resolve the issue of Tibet and to
bring about stability and co-existence between peoples based on
equality and mutual co-operation.
Middle Path advocates the policy & means to achieve genuine
autonomy for all Tibetans living in the three provinces of Tibet within
the framework of the People's Republic of China.
The Middle Path called for democratic rule of administration
It is Win-Win-Win strategy where 3rd stakeholder being the
neighbours
countries
major
being
India.
a.

For Tibetans: the protection and preservation of their culture,


religion and national identity;

b.

For the Chinese: the security and territorial integrity of the


motherland; and for neighbours
c.
For neighbour countries: peaceful borders and better
international
relations
to
boost
economic
relation.

As China rejected the Middle Path & called it propaganda to achieve


independence is a major setback for India.
Allowing Dalai Lama exile in India, seen as major bone of contention,
as Chinese view it as India interference in their internal issue.
Also the Path would brought peace in its N-E Area and thus provided
major thrust for economic development of the area. for their provinces.
It will never seek separation and allows limited Chinese military.

ONE BELT ONE ROAD

Facts:

Iran linked to China via train (29/01/2016)

Why should India join OBOR?


India should join OBOR:

Pakistan may use India's absence against us

Pakistan providing route to Indian Ocean

India's masterstroke: provide alternate route to BoB and Indian


Ocean through India. Will also lead to investment and an insurance
against China's misadventure in future.

India extended fast security clearances for Chinese investments in


the country.

Push for greater cooperation from China on counter-terrorism,


including pressuring Pakistan to act on LeT

Whats China's strategy?

South Asia is the least integrated region in the world, and that is not
in line with global trends. The new initiative aims to integrate the
region.

The Initiative, seen more as a policy indicator than a set of projects,


will link three continents Asia, Europe and Africa.

China has cash and deposits in Renminbi equivalent to USD 21


trillion, or two times its GDP, and expects that the massive overseas
investment in the OROB will speed-up the internationalization of the
Renminbi.

It is also seen as a strategic response to the military re-balancing


of the United States to Asia.

Critically examine the objectives and reasons behind the proposal


of creating a "One-Belt-One-Road" (OBOR) project by the Chinese
despite already having cheap and reliable trade routes in the
oceans. Should India join hands with China in this initiative?
Examine the costs and benefits of such a move. (200 Words)

The One-Belt-One-Road (OBOR) project by China


elements.

consists

of

two

1.

Silk Road Economic Belt (SERB), which aims to establish a


Eurasian land corridor extending from the Pacific coast to the Baltic
Sea.

2.

And a 21st century Maritime Silk Road (MSR) which aims to


develop ports across the Indian Ocean.

Analysts believe that the OBOR initiative will impact 4.4 billion people and
has the potential to generate USD 2.5 trillion in 10 years.

Reasons behind OBOR Initiative

1.

Vast Forex Reserves - China has forex reserves exceeding USD 3


Trillion. It is now trying to utilize them for fuelling economic growth.

2.

China is trying to leverage its economic strength to emerge as


the next superpower. The OBOR initiative will help China to reach out
to a lot of countries and integrate their economies with its own.

3.

China is also trying to diversify its trade routes. As excessive


dependence on a single route is a strategic vulnerability.

4.

Safer, economical and faster alternative medium of connectivity to


oil rich Central and West Asia besides connecting European markets for
its finished goods.

5.

It's considered as China's response to U.S's Pivot to Asia rebalancing act (strategic counter) and TPP (economic counter).

6.

It will help China emerge as a global power in a multi polar world by


influencing/inviting countries to join this initiative

7.

It will also help China in using its industries' excess capacities


especially in the wake of a global slowdown and have its influence in
strategically important and U.S dominated Indian Ocean waters.

8.

Will improving connectivity between its underdeveloped southern


and western provinces, its richer coast, and the countries along its
periphery

The OBOR initiative has specific risks and opportunities for India. India
needs to particularly study these before committing to any course of
action as it can have grave strategic consequences.
1.

The west, particularly the US is banking on India to counter a


growing China with their pivot to Asia. In case, India accepts the OBOR
initiative, it might lose its strategic autonomy.

2.

While India cannot compete with China economically, it has cultural


as well as reputational advantages over China. Thus, a similar initiative
by India dubbed Project Mausam could suffer if India were to join hands
with China.

3.

A stronger China is a strategic risk for India given the fact India has
4078 km of disputed border with China and China claims a large
portion of Indian territory (nearly 80,000 sq km).

4.

But, India isn't included in the US-led Trans-Pacific Strategic


Economic Partnership and the Transatlantic Trade and Investment
Partnership, leaving the ambitious nation feeling marginalized on the
world economic stage. Consequently, joining "One Belt and One Road"
constitutes a helpful alternative

5.

India can be benefited by having better connectivity to landlocked


oil rich Central Asia for its energy needs. Also, it can be used by India
to improve its infrastructure significantly. This initiative can also be
seen by India as an alternative to TPP.

Having said that, India shall need to ensure that its strategic maritime
interests in Indian Ocean are not compromised by Chinese presence. Also,
given long festering boundary issue with China and its recent CPEC
initiative in PoK despite India's reservations make it a fit case for closer
scrutiny by India before taking a final decision.

Critically analyse how the Belt and the Road project of China
benefits India. (200 Words)

China has proposed the Belt and Road initiative and enough progress has
been taken on the project so far. The project is a foreign policy initiative
with economic, geopolitical and strategic implications. The project aims to
reinvigorate the old silk route of China connecting its eastern coast to
Europe, Africa and South Asia. It aims to do this through both land and sea
route by enhancing road connectivity and building ports in different
countries.

According to China, India is also a key part in this initiative. But India so
far has not made any commitment or taken part. An analysis of the
benefits of this project to India are :
1.

Economic - The project will enhance India's connectivity with other


countries especially Central Asia through China since the Pakistan route
is not available for now. Connectivity to Russia and Eurasia and even
Europe can also be achieved. Better connectivity increases trade and
people to people movement and ties. Something which is at a nascent

stage with these nations now. India could even use Chinese ports in
Africa and South East Asia to enhance its relations with these nations
and trade. Since India is looking to diversify its trade and improve its
export potential, this could favour India and help our Make in India
initiative.
2.

Political - Better economic relations improves political relocations


and mutual trust. Being part of the initiative will improve India - China
relations and also with Central Asian nations predominantly.

3.

Strategic - Pakistan and China relations are on a high since the


China Pakistan economic corridor being launched. India through this
project can retain the balance of power in South Asia.

These benefits though come with the risk of opening up the economy to
China which is inimical to our domestic manufacturing through dumping of
Chinese goods. Moreover, the security angle of China gaining access to
Indian Ocean has security implications. Relations with USA may get
hampered. These disadvantages must be considered before joining the
project. The government has taken the right approach of waiting and
watching Chinese moves before taking any decision.

Do you think both Asian Infrastructure Investment Bank and "Belt


and Road" projects of China are complimentary? Substantiate and
examine the implications for the Asian region of both these
projects. (200 Words)

AIIB or Asian Infrastructure and Investment Bank was originally conceived


by china as a multilateral institution for financing the infrastructure needs
of the Asian region. The AoA has been signed by 50 countries including
India and 7 more are supposed to sign by year end.

'Belt and road' initiative is again the Chinese conception of modern


version of the historical silk route, that once existed between China and
Europe. Under this initiative china will be building a maritime link and a
road link with Europe, Africa and Asian countries.

The financing needs for infrastructure like road construction and ports
construction, customs clearance houses etc. will be invariably financed
from institutions like AIIB and NDB (Brics Bank).

Thus the 2 projects are complementary to each other. However there are
certain differences and contradictions:
1.

AIIB seems more benign whereas countries are wary of B&R.


Example being India.

2.

AIIB seeks to involve other


implementation of Chinese plans

stakeholders

whereas

B&R

is

Positive implications for Asia:


1.

The infrastructure needs of the region will get adequate funding.

2.

The region will be less dependent on European and American


markets.

3.

This will put pressure on the troika of WB, IMF and ADB to be more
efficient in its lending priorities.

4.

With initiatives of road corridors like Kolkata to Kunming initiatives,


the positive economic effects of the belt might help develop the
erstwhile underdeveloped regions and thus put an end to militancy,
terrorism in countries like Myanmar and Pakistan.

Negative implications for Asia


1.

Though promised to be more democratic and transparent in its


initiatives, almost one third shareholder in still china. Possibility of arm
twisting by china in future cannot be ruled out.

2.

Substantial Chinese presence in countries of Asia, while executing


the projects in these countries, may alter the geopolitical landscape of
the region.

3.

Cheap and subsidised Chinese product may flood the region, as


china is already having excess industrial capacity, thus giving final
blow to the indigenous industries of the region.

Critically analyse the objectives and intent of the Chinese Silk


Road Economic Belt project and its implications for India. (200
Words)

The "Silk Road Economic Belt" is a Chinese initiative to integrate


economies of Asia and Europe along the Eurasian corridor with Chinese
economy; through the development of transport infrastructure and
communication networks involving railways, roads & fiber optics highways
that would connect South Asia, South East Asia, Central Asia and Europe
along
an
integrated
land
corridor.
Intent:
1.

Realize Chinese aspirations of playing an enhanced role at regional


and global levels.

2.

First step towards establishing Chinese hegemony at regional and


global levels; instead of US $ or Euro, the local currencies & Renminbi
to
be
dominant
means
of
economic
deals.

Objectives:
1.

Development: of Chinese hinterland particularly Xinjiang province


which is seeing a lot of ethnic violence arising out of social problems
like poverty, unemployment, backwardness etc.

2.

Economic Growth: Enhanced connectivity will boost China's trade


with entire Eurasian continent; Chinese overcapacity in construction
materials will be utilized; efficiency improves.

3.

Enhanced Regional & Global clout: China hopes to gain closer


cultural and political ties with countries along the silk Road.

4.

Counter US: Policy of "Pivot of Asia" and its trans-pacific partnership


agreement which try to contain China and consolidate American
hegemony.

5.

Soft Power: Showcase a softer side of China & gain an upper hand
over
regional
powers
such
as
India
&
Japan.

Implications

for

India:

Security:
1.

Chinese influence in Indian neighbors such as Nepal, Bhutan may


increase.

2.

Encircling India via land corridor just like string of pearls in Indian
Ocean.

Political:
1.

India's clout at regional level might be reduced.

Economic:

if

India

participates

in

the

initiative

1.

Its trade might be boosted with Eurasian economies.

2.

China may fund infrastructure development in India too.

then

Conclusion: The need for India is to balance security concerns with


economic benefits to be derived; particularly in the context of Chinese
assertiveness.

Discuss if the China's Road and Belt project has the potential to
improve relationship of India with Tibet Autonomous Region and
Pakistan. (200 Words)

The China's Road and Belt project will possibly have mixed effects on the
relationship of India with the Tibet Autonomous Region and Pakistan as
summarized below:-

With respect to Tibet Autonomous region :1.

The proposed extension of Lhasa-Shigatse rail link to Yadong and


then to Sikkim through Nathu La Pass which connects Tibet with
Sikkim, would boost the high potential tourism industry , bring
investment and trade connectivity, between India's north east regions
and China. Would improve the poor states of infrastructure and
connectivity in the regions.

2.

The extensions of the Lhasa-Shigatse rail link to Kathmandu and


then to Bihar would not only boost the Buddhist tourism to sacred sites
of Bodh Gaya but also give impetus to the trans-national trade in the
region along with deep cultural and people to people contacts.

With respect to the Gwadar-Kashgar economic corridor between


Pakistan and China:1.

Since the proposed corridor passes through the disputed territory of


Pakistan occupied Kashmir, it is no way acceptable to India from any
perspective. Construction of any infrastructure and transport linkages
in seriously disputed territory based on bilateral cooperation would
mean disregard to the India territorial boundary and interference on its
sovereignty.

2.

The corridor possesses deep security threat to India too. In the


event of confrontations with Pakistan or two front wars with Pakistan
and China, the corridor would facilitate close military cooperation,
movement of forces and exchange or transfer of military aids and
equipment between the two countries ,which would put India in a
serious disadvantaged position militarily .

Thus, as a part of a China's Road and Belt Project , the rail connectivity
between the Tibetan Autonomous Region and India's north east and
eastern state of Bihar through Kathmandu will give big boost to the trade
and tourism while the same can't be said in case of economic corridor
between Pakistan and China passing through PoK

Why is Chinas Silk Route project compared to the Marshall Plan


of
post Second World War? Critically examine. (200 Words)

Marshall plan by US was made to attain its foreign policy objectives in the
suit of economic interest which later on helped US in rising as global
power, similarly, china's silk route plans are considered to be aimed at
attaining its agenda to become global power while fulfilling its domestic
economic
needs.
The reasons of this similarity can be pinned to following points:
1.

Both plans aims at exporting their countrys capital, technology, and


capacity to others who need them badly.

2.

Both plans aimed at pursuing strategic plans in the mask of aids.

3.

Both plans created doubts of interest and security apprehensions for


some nation, as in this case India has fear of being overshadowed by
it.

4.

Both the plans were formed while being economically superfluous to


master
over
other
nations.

Arguments which support that china's initiative isn't a marshal plan are:
1.

Unlike the Marshall Plan, which excluded communist countries,


Chinas one belt, one roadinitiative is open to all countries who are
interested in development, regardless of their regime types.

2.

While implementing Marshall Plan US already had a global


hegemony whereas china is still a developing nation facing many
challenges and distrust.

3.

China's "one belt, one road" initiative is far more ambitious than the
Marshall
Plan.

Chinas initiative aims at the whole world, and thus could have a greater
global impact whereas US aimed only at European region under marshal
plan.

CHINA SUPER POWER?

Do you think Chinas ambition to become a global superpower is


peaceful? Critically comment. (200 Words)
China is most populous nation, with second largest economy in world, and
a
reputation
of Worlds
Factory.
Due to its wars of aggression, institutionalised torture, unaccountable
assassination programmes and general contempt for the rule of law, USA
has today sacrificed whatever was once considered admirable about its
role in international affairs. But, it cannot be the case for China.
China, despite existing as a unified country 4,000 years longer than the
US, conspicuously does not have such a history of invading and
subjugating the inhabitants of far-flung lands. Despite being one of the
wealthiest and powerful countries on earth for most of its existence,
China's relationship with the outside world has traditionally been
characterised more by Sino-centric inertia and peaceable exchange
than by armed pillage and the export of violence to foreign
lands.
China is culturally sensitive; Evidence suggests that China's influence in
Africa and Latin America has been built on the basis of mutual economic
interest, though, Chinese polices are no less self-interested. China
working within the emerging "BRICS" bloc of countries, it is capable
of
constraining
unilateral
US
actions.
But, problem of relations with Japan, Taiwan and Vietnam could be seen
that China is strong abroad but fragile at home," prompting her
concern that internal developments could upset China's peaceful rise

and

bring

about

unplanned

wars

in

Asia.

It must also be noted that world is no longer unipolar, and to be SuperPower country must be
economically, politically and diplomatically dominant. So, China can be
stated as super power in terms of being World Factory, but in
diplomacy and political ideology it lags far behind democratic nations of
Asia, North America, and Europe.
CHINA PAK INDIA

What is CPEC?
CPEC encompasses development of a highway from Kashgar in China to
Gwadar in Pakistan. It is in line with the one road one belt initiative of
China.

How will it transform Pakistan?

1.
2.
3.
4.
5.

Investing in infrastructure development will create job opportunities.


So the employment scenario will be improved.
Development of Gwadar port and its connectivity with the
hinterlands will increase the share of Pakistan in world trade.
Local business will benefit and a new way to development will be
opened.
Diversion of youth towards employment will surely reduce radical
insurgency in the region.
CPEC can also help in keeping nation united in situation of
grave sectarian crisis.

Positives for India:


1.
Peaceful and prosperous united Pakistan is better than two-three
divided mini-Pakistan for Indias safe and steady progress.
2.
Pakistan commitments to China will put pressure on its government
to demolish fundamentalism, leading to peace there.
3.
China will try to protect its economic and strategic investment in
CPEC
and
thus
will
try
to
maintain
peace.
Negatives for India:
1.
POK, an Indian territory will used in CPEC, it is a challenge to
sovereignty of India.
2.
Chinese naval vessels will frequently confront Indian Naval vessels
due to Gwadar Port.
3.
Influence of China and Pakistan will increase in Afghanistan bad for
India's
investments
there.
India will have diplomatic and economic benefits like:
1.
Less US influence and intervention in south Asia which will
strengthen Indias position in region.
2.
CPEC can be linked to Silk route in central Asia which will open
markets for India
3.
India can openly & easily engage with Vietnam and other ASEAN
nations to counter-weight Chinese moves in India Ocean.
What is the debate around CPEC?

Critics are highlighting the burgeoning costs of keeping the corridor


secure. According to them, it is unlikely that China will change its
supportive attitude on the CPEC in the short term, but the increasing
cost of security is becoming a big problem in efficiently pushing
forward the project.

But, supporters view the CPEC as a project that can result in the
emergence of a stable Pakistan. In turn, that would yield a major
geostrategic prize, as it could disrupt the spread of extremism in the
region, through which Chinas ambitious One Belt, One Road will pass.
08/04/2016
Issue: China stonewalled India's move to ban Masood Azhar at UN

Though, China also is a victim of terrorism in Xinjiang and it has given firm
assurances on terrorism at multilateral forums, still it seen that China is
not walking the talk. Chinas move which prevented JeM chief Masood
Azhars ban at the UN is open acknowledgment to it.
China is blocking Indias move due to following reasons:
1. Pakistan Factor:Chinas engagement with Pakistan has highly increased
in recent times, be it nuclear cooperation, CPEC or defence cooperation. In
this scenario, China is doing every possible thing to guard its ally
completely ignoring its terror activities.
2. Insecurity:China has troubled boundary disputes in South China Sea
and east and is always wary of Indias engagement there and thus it uses
such issues to indirectly show its dominance at international forums.
India can deal more effectively with Pakistan based terrorists in
the light of Chinas non-cooperation in following manner:
1.
PM's recent successful visits to UAE and Saudi Arabia which are
Pakistans traditional allies and their support in counter terror
operations is a step in right direction to isolate Pakistan on the issue of
terrorism.
2.
India must press for reforms at UN highlighting such irresponsible
behaviour by world powers.
3.
India must learn from the incident and future proposals must try to
create a world opinion not allowing China to go against it.
4.
India must seek cooperation from western countries like France,
Belgium, USA which are also victims of terrorism.
5.
At the core, India must tighten up its security apparatus to prevent
Pathankot like attacks.
Why China did that?
Ensuring Pakistans intelligence services remain on its side is essential, as
Beijing sees it, to containing the threat from across the Karakorum and
blocking Indian efforts to nail Azhar is a very small favour to an important
partner.
Related questions :

The development of the China-Pakistan Economic Corridor (CPEC)


is not necessarily bad for India or the region. Critically comment. (200
Words)

COUNTER TERRORISM DRILLS

Joint exercise in Kunming:

To develop joint operating capability

Share useful experience in counter-terrorism operations

Promote friendly exchanges between two armies

Humanitarian assistance and disaster relief are also high on agenda


(recent Nepal Earthquake - both India and China worked together
Confidence building

Role of China in North East violence?


Centre has admitted officially that the National Socialist Council of
Nagaland (Khaplang) intensified violence in the Northeast in 2015 at the
behest of the Chinese.

DAM ON BRAHMAPUTRA

ZAM Hydropower station commissioned. Other projects like Dagu, Jiacha &
Jiexu in different stages of planning and construction

Bilateral G2G interaction on Brahmaputra is shrouded in Bureaucratic


secrecy, overshadowed with baggage of 1962 war and the ensuing territorial
contestation over Arunachal Pradesh

Track 2 , Track 3 level dialogue process to enable greater people to people


interactions, reducing trust deficit, changing the way Indians and Chinese
talk, think and approach solutions.

Need is to share information, public debate, joint management of River in


sustainable manner

Framework of engagement and dialogue is needed among co-riparian


countries

BCIM cooperation framework can create a enabling environment


South Asia Consortium for Interdisciplinary water resources studies
(SaciWaters) based in Hyderabad has a flagship programme "The
Brahmaputra Dialogue" aiming at multi-stakeholder dialogue fostering transboundary water management.
Consequences of Lack of Dialogue:

Rising tension, Speculation and apprehensions among riparian


countries as well as between provincial governments within India e.g.
Arunachal and Assam
Way Forward:

Holistic river basin management

Trans-boundary joint river basin research

Enable discussion among river basin stakeholders

Formal mechanism between governments

Renewal of 2013 MoU on joint water management which helps India and china
share data on multiple Himalayan rivers for better water management. Sharing
of data during flood period helps emergency management and better planning.

27/04/2016
ChinasLancang-Mekong Cooperation (LMC) initiative

Why in news?
Severe drought has occurred in south east asia and the main reason for
this is rapid construction of dam by China at upstreams. Now Beijing is
trying to legitimatise it by releasing water to drought hit nation in Lower
Mekong river basin i.e. China is touting the utility of its upstream
structures in fighting droughts and floods.

What is it?
CHINAs Lancang -Mekong Cooperation initiative aims to undermine the
efforts of regional Mekong commission and USAs lower Mekong initiative

of ensuring equitable distribution of international riverswaters. It is doing


so by:

Constructing numerous dams on upstream transnational rivers like


Indus, Brahmaputra, Mekong and amur.

Development of high end hydrological engineering unparalleled


across the world

Not joining legally binding Mekong treaty 1995 and keeping its
options open

Controlling Tibet and Xinjiang region from where numerous rivers


originate

Shift of focus from dam saturated national rivers(e.g. -yellow river)


to international ones.(e.g. - recent 4200 MW dam on Mekong)

Why China doing this?

It helps China use such control as political weapon increasing its


influence and bargaining power in SE Asia, ASEAN, South china sea
disputes and border disputes.

Keeps downstream nations(e.g.-Myanmar, Cambodia and Vietnam


etc.) on China's goodwill and mercy furthering China's hegemony in the
region

Prevents collaboration, consensus, compulsory hydrological data


sharing and binding commitments giving license to China to build dams
wherever and whenever they want

Also it prevents and reduces role of USA in water disputes of the


region tilting scales in China's favour

What is Mekong River Commission?

The Mekong River Commission (MRC) is an intergovernmental body


concerned with the Mekong River basin and charged to promote and
co-ordinate sustainable management and development of water and
related resources for the countries mutual benefit and the peoples

well-being by implementing strategic programmes and activities and


providing scientific information and policy advice.

But China has spurned it over the years. China is only dialogue
partner and not member of it whish shows its intention to take part in
discussions but not to take on any legal obligations.

Chinas refusal to join the 1995 Mekong treaty, which created the
commission, has stunted the development of an inclusive, rules-based
basin community to deal with water- and environment-related
challenges.

CHINAS WEST ASIA POLICY

Good Read http://www.thehindu.com/todays-paper/tp-opinion/chinas-long-gamein-west-asia/article8164759.ece

INDIA EGYPT
Overview

India-Egypt signed a Maritime Transport Agreement


The Maritime Transport Agreement will strengthen cooperation
between both countries.
It will also provide sustained mutual assistance and advice on
merchant shipping and other related maritime matters.
Why this is important?
o
Egypt controls Suez Canal and thus most of India's trade with
EU comes under Egypt's domain
o
Increased pirates activity around Somalian coast and
consequent need of collaboration

INDIA FRANCE
Overview
Recent Deals :

Intergovernmental agreement for the purchase of Rafale fighter jets,


nuclear reactors, French railway locomotives

A major commitment to counterterror cooperation.

French industrial major Alstom to make 800 high horse power


locomotives in India. The locomotives are expected to be made in the
electric locomotives factory in Madhepura, Bihar.

The Indian Space Research Organisation and its French counterpart


CNES (National Centre for Space Studies) agreed to work together in
the next Mars mission, as well as a satellite launch and a thermal
infrared observation mission

Background
:
Indo-French partnership goes a long way back. The following are some
instances, which make this bilateral relationship a special one:
1.

France was one of the first nations to help India diversify her
defense sector. Even today, France is at the forefront of helping India
build a blue navy. Case in point, the Scorpene class submarines;
2.
France was the only western country to support India's defense,
space and nuclear programmes when it was alienated internationally in
1970s for carrying out nuclear tests.
3.
France actively lobbied within the UNSC for dilution of sanctions
which were imposed on following the 1998 nuclear tests.
4.
Internationally, the two countries have collaborated diplomatically
on a variety of issues. E.g. India voted in favor of the UN resolution
calling for French intervention in Mali.
The vast potential of the mutually beneficial Indo-French relations can be
gauged from the following instances of tentative cooperation between the
two:
1.
2.
3.
4.
5.

6.

Nuclear cooperation - both civil and military. (Jaitapur Power Plant)


Develop defense sector ecosystem in India by investing in skills and
capacity building.
Regional cooperation especially in the Indian Ocean, West Asia and
North Africa where both have geostrategic interests.
Climate change.
French companies considered to be world leaders in smart cities
(SCs) technology are assisting the Indian Government crystallize the
Smart Cities Initiative. E.g. development of Pondicherry and Chandigarh
as SCs.
India-France trade hovers around $8 billion, which amounts to half of
Indias trade with the U.K. or Germany (27/01/2016)

INDIA GERMANY
Germany is a natural ally of India. It has surplus capital, modern
technology and a demographic deficit. India has a deficit of finance and
technology but surplus human capital.
A strong Germany in Europe, like a strong India in Asia, will facilitate a
more balanced global dispersal of power and prevent the return of
hegemony.

English Speaking Indians -> get quite along with contemporary


Germany.
India-Germany collaborating together in G4 -> Signals readiness of
Germany to deal with India as an equal
Germany is India's Sixth Largest trading partner. Largest trading
partner in EU.
Germany announced 1 billion Euro towards solar energy and a like
sum for clean energy.

Post WW2 Germany choose to shy away from geo-politics (like Japan) and
focused on strengthening Geo-economic power. Germany (and Japan)
have tried to leverage their geo-economic power to recover geo-political
influence in their vicinity. India is pursuing a more aggressive
developmental agenda, giving greater importance to geo-economic over
geo-politics. By assisting India in its immediate goals, Germany and Japan
have the opportunity to bolster their own rise in geo-political terms.
Germany can help in finalizing India-EU FTA
13/04/2016
Signed an agreement on Ganga Rejuvenation
Cultural ties:
Germany to teach hindi and sanskrit
India to teach german
India

to provide :
Strong IP protection regulations
Fast-track approvals and clearances for industry and infrastructure
No retrospective taxation
Exclusive special window in DIPP for Germany

Issue:

Restrictions on the marketing of generic medicines


Agreed on Climate and renewable energy alliance:

Comprehensive partnership to harness technology, innovation and


finance in order to make affordable, clean and renewable energy
accessible to all and to foster climate change mitigation efforts in both
countries with long-term vision

Assistance of over 1 billion Euros for India's Green Energy Corridor


and a new assistance package of over 1 billion Euros for solar projects
in India

3 million Euros for developing the Ganga region

German Indologist, Max Muller, has been a important contributor to the


western appreciation of Indian Culture & History. Vivekananda met Muller
in 1896.
Merkels india visit
3rd Inter-Governmental Consultation held
INDIA GHANA

India imports gold from Ghana (80% of bilateral trade)


India is the largest foreign investor in Ghana
Strong and prosperous Indian-origin community in Ghana
Recent President visit:
o
Talks on Visa relaxation
o
Ghana wants Indian help in reducing dependence on
conventional energy and thus a Join Commission on Civil Nuclear
Cooperation was setup.

INDIA IRAN
Relations

Why India-Iran relations are mutually beneficial?


1.
Energy:
o
India can decrease the dependence on Saudi for oil especially
in the light of slumping oil prices and Iran oil is comparatively
cheap
o
Iran has the worlds second-largest reserves of natural gas,
yet it is not a major exporter.
o
Iran has several challenges to overcome before it can become
an energy supplier to Europe and Asia. Iran's energy infrastructure
long neglected as a result of Western sanctions requires major
upgrades to make it capable of sustained energy exports.
o
This will require massive foreign investment and India can
tremendously help here.
2.
Chabahar port:
o
Read Chabahar Port
3.
Role in Afghanistan:
o
Iran-Afghan railway link:

India is currently involved in constructing a 560 mile


long railway line linking theIranian port with the iron ore mines in
Hajigak in southern Afghanistan.
o
The railway link when completed will potentially afford India
some strategic benefits including

Increasing Indias position and leverage in Afghanistan


and the central Asian region. This affords India an easier
connection to Afghanistan after avoiding Pakistani blockages.

4.
o

5.
o
o
o
o

6.
o
o
7.
o

8.
o

Apart from the impact on security and regional politics


this more importantly implies that Indian companies will have
opportunities to start exploration over Afghanistans mineral
wealth which is estimated to be close to $3 trillion. (This alone is
over double the size of Indias economy.)
Both Iran and India share the goal of a stable government in
Kabul free of the Talibans influence and not revert to the Talibancontrolled Pakistani client state that it was in the 1990s. To that end,
India and Iran must engage each other to strengthen the hand of
the government in Kabul.
Industries:
Iran believes that India fulfils a substantial part of Irans
needs. For example, India is very capable in steel, in aluminium, in
mines and metals, railroads, software, IT, technology and so on.
There is a lot of demand in these sectors in Iran.
One of the biggest advantages in recent times is that Indians
are offering a credit line to the Iranians. Thats a very substantial
element in the hands of the Indians to offer for different projects to
Iranians and this credit, which is in rupees, is beneficial to Indians.
According to the financial structure, Indian companies will benefit
from it, the rupee will benefit from it.
Geopolitical:
Iran would act as a gateway to Central Asia
After removal of sanctions the significance of Iran
geopolitically has increased.
Central Asia is going to be thescene of renewed great power
rivalry, and India must act, not as a mere spectator, but as a leading
player.
Notwithstanding Irans growing bonhomie with Pakistan and
China, India must stay in close contact with Iran and consciously
and consistently pursue good diplomatic and economic relations
with it.
Terrorism:
Globally, New Delhi and Tehran are on the same page in their
opposition towards groups like al-Qaeda and the Islamic State.
Increasing hold of ISIS is a threat to Iran and with India
effective efforts against terrorism India can be a attractive partner
Culture:
India has the 2nd largest population of Shias in the world after
Iran some of whom probably also have ancestral ties to Iran. This
ties back to a complex political situation in India. Religion and
national allegiances play a large part in Indian politics and this is
magnified with the upcoming elections.
Other projects:
India has been vigorously pursuing theIranPakistanIndia
(IPI) gas pipelineproject for the last decade. The operation of the IPI
project would be reinforced by the trilateral Framework
Agreement, in which the three governments would be committed
to the provisions of the Energy Charter Treaty

o
o
o

With the Iran-Pakistan-India (IPI) pipeline still stuck and


theTurkmenistan-Afghanistan-Pakistan-India (TAPI) pipeline yet to
take off, India is very keen to kick-start an undersea pipeline project
that would bring Iranian gas to India via the Arabian Sea bypassing
Pakistan.
This is a great opportunity for India to transport natural gas
from Iran to Porbandar port in Gujarat
Zaranj-Delaram Highwayis being built with financial support
from India.
A strategic partnership betweenIndia, Iran and Russiais
intended to establish a multi-modal transport link connecting
Mumbai with St Petersburg, providing Europe and the former Soviet
republics of Central Asia access to Asia and vice versa.
Iran may also provide connectivity to Central Asia and Europe,
viathe International North South Transport Corridor(INSTC),
which isestimatedto be 40 percent shorter and 30 percent less
expensive than trade via the Red Sea-Suez Canal-Mediterranean
route.

Chabahar Port

Where is Chabahar port?


It is located on the Makran coast, Chabahar in southeastern Iran. Its
location lies in the Gulf of Oman. This coast is a relatively underdeveloped
free trade and industrial zone, especially when compared to the sprawling
port of Bandar Abbas further west. Also, it is the only Iranian port with
direct access to the ocean.

Why this port is of interest to India?

India believes the port is critical to its interests and wants to


develop it as a counter to Pakistans Gwadar port which was built with
Chinese assistance

The port will allow India to bypass Pakistan to transport goods to


Afghanistan and Central Asia using a sea-land route

Chabahar Port lies in the Persian Gulf in Iran and will help India in
expanding its maritime commerce in the region

It also provides opportunities to Indian companies to penetrate and


enhance their footprint in the region

It is located 76 nautical miles (less than 150km) west of the


Pakistani port of Gwadar, being developed by China. This makes it ideal
for keeping track of Chinese or Pakistani military activity based out of
Gwadar

The port will cut transport costs/time for Indian goods by a third

From Chabahar, the existing Iranian road network can link up to


Zaranj in Afghanistan, about 883 kms from the port. The ZaranjDelaram road constructed by India in 2009 can give access to

Afghanistans Garland Highway, setting up road access to four major


cities in Afghanistan Herat, Kandahar, Kabul and Mazar-e-Sharif
Trilateral Agreement:

India, Iran and Afghanistan sign three-way land transit agreement


on Irans strategic southern port of Chabahar.

Under the agreement, India will invest up to 500 million dollars in a


deal to develop a strategic port in Iran.

It can spur unhindered flow of commerce throughout the region and


its economic fruits will expand trade, attract investment, build
infrastructure, develop industry and create jobs.

India will get sea-land access route to Afghanistan bypassing


Pakistan which will open opportunities for Indian companies to explore
Afghanistans mineral wealth.
Recently India and Iran signed a memorandum of understanding
to develop Chabahar Port in Iran. Critically discuss the
significance of this MoU for both the countries. (200 Words)
India's perspective:
1.
Geo-strategic -Being located on the convergence of Indian ocean
and Oman sea will help India counter efforts made by China to exert
influence in the region by tying up with Pakistan to operate the Gwadar
port. Chabahar port being in the vicinity will be a vantage point for
India.
2.
Bolster trade and economic ties by gaining access to Afghanistan,
South Asia, Central Asia and West Asia. The trade route reduces India
dependence on Pakistan, a volatile neighbour, for trade with
Afghanistan.
3.
This port will be used by India to ship crude oil and urea which will
cut transport cost and freight time for India to Central Asia and the gulf
by about a third. Proximity to the Strait of Hormuz will boost oil trade.

Benefit to Iran
1.
As India is Iran's largest customer hence the memorandum will help
to increase economic growth and investment.
2.
It will provide regional growth and prosperity by employment
generation and gdp growth.
Due to the significance of the project to both countries, it has to be
implemented
decisively and quickly
IMPACT OF REMOVAL OF SANCTIONS
Background:
Iran had several sanctions imposed on it by USA, UN and other western
world. These sanctions have been removed because of P5+1 negotiations
and after Iran's agreement to reduce its nuclear fuel stockpile in phased
manner.
What is India's response to these sanction removals?

India is keen on taking ties with this extended neighbour to a


higher level.

The removal of sanctions on Iran following the nuclear deal has


ended its isolation, and enabled its return to the economic and
diplomatic mainstream.

The visit is expected to bridge the trust deficit in bilateral


cooperation and boost energy and trade ties while expediting Indias
connectivity plans.
How did these sanctions impacted India-Iran relations?

Bilateral ties took a beating during the sanctions years.

India had voted against Iran at the International Atomic Energy


Agency over its clandestine nuclear programme and, under pressure
from the U.S., slashed oil imports from the country by up to 40 per cent
during the period.
New Delhi had also backed off from a pipeline project that aimed to
bring natural gas from Iran to India through Pakistan.

Why Iran is so important to India?

Till sanctions were imposed on Iran, it was Indias second largest


source of crude oil after Saudi Arabia.

Once the Chabahar port in Iran is developed, it will offer India


alternative access to landlocked Afghanistan, bypassing Pakistan.

Both Iran and India share the goal of a stable government in Kabul
free of the Talibans influence. Globally, New Delhi and Tehran are on
the same page in their opposition towards groups like al-Qaeda and the
Islamic State.

The Iran visit is an opportunity to restore equilibrium in Indias


foreign policy, which, of late, was seen to be skewed towards Israel and
Saudi Arabia.
What India is doing?

The government appears to be trying to reach out to the three poles


of the region.

While it will pursue good ties with the Sunni Gulf for energy supplies,
Iran would act as a gateway to Central Asia besides enhancing Indias
energy security.

Israel remains one of Indias top defence and technology suppliers.

The success of this policy depends on New Delhis capacity to do the


balancing act.
MISTAKES MADE BY INDIA

What are the mistakes made by India in it bilateral relations with


Iran?
1.
India surrendered to US sanctions and reduced oil imports from
Iran.
2.
India viewed India-Iran relation mainly from a buyer-sellers
perspective ignoring strategic importance of Iran
3.
India delayed its negotiation over Chabahar port due to its low
return-on-investment economically ignoring its long term strategic
benefits.
IRAN NUCLEAR DEAL: IMPACT

Do you think the recentnuclear deal between Iran and world


powers will encourage Arab nations to pursue nuclear ambitions?
Should India be worried? Examine. (200 Words)
The Deal:

The deal allows Iran to engage in nuclear activities for peaceful and
constructive purposes like addressing its energy needs.
Done between Iran and p5+1 (USA, UK, China, France and Russia +
Germany)

Impact on Arabs:

Due to sectarian riots and rivalry, situation is already volatile.

Iraq and Saudi Arabia are arch rival due to Shia-Sunni conflict

Saudi Arabia has openly opposed the deal

Downturn in oil economy has led to further unrest in region

This deal at such time is seen as a threat to themselves by Sunni


nations (Saudi Arabia, UAE, Egypt etc.)

Thus it may lead to proliferation of nuclear weapons via Pakistan to


these nations further endangering global peace.
Impact on India:

India need all Arab nations. So a fine balancing act is needed

It has trade and cultural relations with most of the nations of the
region and imports crude oil from Saudi Arabia as well as Iran.

A large number of Indians work in the Gulf countries.

At the same time, India which is on the target of Islamist terrorism


will also have to make sure that nuclear weapons dont reach them.
INDIA IRELAND
PM visit after 59 years
INDIA ISRAEL
Overview

India is Israel's biggest purchaser of its Defence equipment and


both countries regard each other as natural allies. Do you think
Israel qualifies as India's natural ally in the region? Critically
discuss. (200
Words)
Starting from 1991 with the break-up of Soviet Union and end of Cold War, IndoIsrael
relations
have
improved
substantially.
1.

Defence sector has been guiding light in the development of relations.

2.

From Buyer-Seller relationship, today India and Israel are moving towards
Joint production of defense equipment, which dove tails well into India's 'Make
in India' initiative and attaining strategic independence in defense
equipment.

3.

Relations are diversified to also include agriculture, Nano-technology,


space
research
and
a
understanding
on
counter-terrorism.

The above reasons and huge good will that India generates among Israeli
population
makes
one
to
call
them
'Natural
Allies'.
But India should continue its Multi-vectored approach towards its diplomacy and
build multiple alliances and resist the temptation to call Israel as its natural ally
because
of
the
following
reasons.
1.

Iran, the Israel's natural enemy is the only possible land route to India to
reach the resource rich Central Asia in case the situation in Afghanistan goes
against
Indian
interests.

2.

Presence of huge Muslim population in India requires it to maintain good


relations
with
Arab
world,
which
opposes
Israel.

3.

India needs the help of Saudi Arabia as much as Israel to counter


terrorism.

4.

Human right violations of Israel in Gaza and west Bank might become a
head ache for India, which is so far a principled supporter of Palestine cause.

So for the above reasons, India's national interest is better served by building
multiple
alliances and leverages than proclaiming Israel as its natural ally.

Do you think India's increasing proximity to Israel is in its self


interest in the region? Critically comment. (200 Words)
From the early 1990s, there has been a gradual shift in our stand on the
Palestine
issue. From being a vocal supporter of Palestine & a critic of Israel in the pre1990
era, we have become one of the major partners of Israel today.
Over the years, trust in the Indo-Israel relations have significantly
increased. Israel
supplied important arms to us during the Kargil War in 1999. Today, it is our
major
defence partner. We also enjoy extensive relations in agriculture, biotechnology,
space etc.
Israel's knowledge and technology related to ports, desalination plants,
agriculture, irrigation, pharmaceuticals can be helpful to India. Intelligence,
counter terrorism: Israel has one of the best intelligence system in the world.
Sharing of such information would lead to much safe and secure India. Thus it
will help in counter terrorism in India.
At the same time, if not handled deftly, our burgeoning relationship with Israel
may
be construed negatively by the Islamic nations. Our economy is heavily
dependent on
the oil & petroleum from the Islamic nations of west Asia. Millions of Indians
work

and send back billions of dollars to India as remittances. We have a lot of


goodwill among these Islamic nations generated over the decades, which was
visible during Operation Raahat evacuation of Indians from Yemen.
In light of this, the recent decision to abstain from voting on a UNHRC decision on
Israel may not have any immediate impact. But, such decisions if repeated in the
long run may affect our relationship with Islamic nations for the adverse.
Also, with China increasing its presence in west Asia, it is imperative that we
maintain our goodwill.
Middle East politics and diplomacy is no longer Israel-Palestine centric ( it is
becoming sectarian in nature with new emerging fissures and issues).
So India needs to be keep all these factors in mind while formulating a coherent
policy
Another reason for this seemingly shift is govt intension of closer ties with USA
and
our belief that road to Washington is through Tel Aviv.
Iran and Israel are enemies. Iran is crucial for connectivity to Central Asia and
the
game going on in Afghanistan. So, it may hamper relations with Iran.
This can damage India's image as non-aligned country and country who always
stood
along weak countries for their just demand because earlier India voted for probe
against Israel for human right violation in Palestine now when matter came to
transfer case to ICC India abstained by saying that It is not signatory to ICC. But
India has voted twice in past against Syria to transfer case to ICC.
UNSC member: If India wishes to be a permanent member of the UNSC , it needs
to have consistent stand against human rights violations. Such stand may impact
its support among various countries for permanent member of UNSC.
There are many benefits of deepening ties with Israel, but diplomacy with
surrounding nations have to be handled very carefully. The wide criticism that
India has received clearly suggests that this increasing proximity with Israel is
not in India's self-interests especially when India itself is fighting the inhuman
practices of terrorism and insurgency.
Palestine

President's Visit:

India's economic and political support for Palestinian


Announced projects for capacity building in Gaza and West Bank
Provided budgetary support ($5mn)
India's position is that it supports a peaceful solution to IsraelPalestinian crisis based on negotiations and UNSC resolutions. India
would continue to support resolution on the formation of a Palestinian
state based on the 1967 border at UN.

Supports a sovereign, independent, viable and united Palestine,


with East Jerusalem as its capital and recognised borders
India announced:
o
Projects for capacity building in Gaza and West Bank
o
$5 million budgetary support

India has recently abstained from voting on a resolution on Palestine


adopted at UNHRC that called for accountability by parties involved in last
year's conflict in Gaza.
India has played a "proactive role" in garnering support for Palestine cause
in all multinational forums.
India and Palestine have signed an agreement for setting up of a techno
park in Ramallah with an Indian grant of $12 million

Critically examine the role of India, along with Israel, in ending


the occupation, colonisation and dispersement and help bring
peace back to Palestine. (200 Words)
India's role in the Israel-Palestine conflict has evolved from being a vocal
supporter of Palestine to having strong ties with Israel. During the preindependence era, India immersed in the anti-colonial struggle refused to
accept the Israeli Zionist viewpoint that Palestine was a land without
people.
Our position was led by Gandhiji and Nehru. India opposed the occupation
of Palestine by Israel, US and UK. This position of unwavering support the
Palestine cause and opposition to Israel existed for about 4 decades, as
we continued to be non-aligned in the global order. Through this stand,
though we could not achieve much at the ground level.
It was in the early 1990s that a gradual shift in our stand became
apparent. Our ties with Israel, especially in the military sector really
blossomed. Though our official stand on Palestine did not change and we
still continue to provide moral support, yet we no longer are as vocal in
our support to Palestine as in the past.
This has been reflected on our silence on the growing colonisation of
Palestine lands by the Israeli government. The global war on terror post2001 has not helped the cause of Palestine either.
To bring back peace to Palestine, a unified international solidarity
campaign is the most effective way to reach a comprehensive solution.
India should be a part of a multinational engagement in bringing peace
back to Palestine. With India holding 'Peace' as its foreign policy plank,

there is a need to play proactive role in areas of negotiations, contributing


to peace keeping forces, funds for rehabilitation, gathering
support for Palestinian freedom, simultaneous Independent Israel policy,
bringing
different groups for talks through multilateralism
How has recent election outcome in Israel altered the possibility
of granting independent statehood to Palestine? Also examine if
there is any change in Indias policy towards Palestine in recent
months. (200 Words)
In 2012, the United Nations approved the de facto recognition of a
Palestinian state - there were 138 votes in favour, nine against and 41
abstentions. US President re-stated US support for Palestinian statehood,
also. But, relations between Tel Aviv and Washington are at a low point
after Netanyahu addressed Congress earlier this month on negotiations
with
Iran.
Palestinian statehood is currently in failed condition, because:
1.
It is hard to see how a viable two-state solution is possible
2.
Publics strong support for Netanyahu was a response to the reality
of Palestinian violence and extremism
3.
Israeli voters paid attention to the reality around them and voted
accordingly
4.
Existence of ISIS is getting more attention than Palestine, unless ISIS
is control violence and extremism in region will not constraint, and
dialogue for granting statehood needs peace.

Indias Stand of Palestine:


1.
India has always favoured humanitarian situation in Gaza, and tried
to come harsher on Israel.
2.
India's ties with Israel in Defence and Energy sector are more vital
than Palestine, but India has set up a mission in Palestine and
supported its bid to statehood in UN.
3.
Iran deal and reaction from Israel is vital to India's position in Middle
East.
Thus, question of Palestine statehood is complex, Israel must not adhere
to further violence in Gaza, Hamas must constrain all sort of extremism,
and UN must solve matter quickly and peacefully taking all stakeholders
into considerations.
INDIA ITALY
ITALIAN MARINE CASE

Case involved killing of two Indian fishermen off Kochi in February 2012 by
two Italian marines. Marines shot the fishermen considering them as
pirates. The incident had also resulted in a long festering bilateral dispute
that had soured relations between India and Italy since 2012.
Italy's stand:
The Italian position is that the two marines positioned on board a
merchant tanker had opened fire to thwart what they perceived as a
pirate attack 20.5 nautical miles off Kochi.

It is further argued that the death of the two Indian fishermen


occurred in the course of the discharge of their operational duties, and
hence functional immunity could be invoked as related to the military
personnel of any nation.

And that even if charges of death by accident were to be prosecuted


against the marines, this would have to be done within the ambit of
Italian law and jurisdiction as harmonised with the UN Law of the Sea
[UN Convention on the Law of the Sea (UNCLOS)].
Indias stand:
India had asserted its sovereignty and sought to claim its sole jurisdiction
in prosecuting the marines in a special court.
United Nations Arbitration Tribunals latest verdict:
With the International Tribunal for the Law of the Sea (ITLOS) rejecting its
plea, Italy had approached the UN tribunal to take such measures as are
necessary to relax the bail conditions on Italian marine in order to enable
him to return to Italy, under the responsibility of the Italian authorities,
pending the final determination of the Annex VII Tribunal.

The tribunal has accepted the Italian plea and allowed the marine in India
to return, but the wording is significant. It notes: Italy and India shall
cooperate, including in proceedings before the Supreme Court of India, to
achieve a relaxation of the bail conditions of Sergeant Girone so as to give
effect to the concept of considerations of humanity, so that Sergeant
Girone, while remaining under the authority of the Supreme Court of India,
may return to Italy during the present Annex VII arbitration.
Differing interpretations:
Indias view: The Indian government has interpreted this decision as
affirming the authority of the Supreme Court of India in the matter.
Italys view: Italy sees the tribunals order as a vindication of Italys
position. It argues that the order had paved the way for Italian Marine to
return home until the arbitration process is over.
So the impasse continues.
It is solved now as SC allows Marine to go home with some conditions.
Decision was taken on humanitarian grounds as International Tribunal
verdict is likely to come only in 2018. This verdict will decide whether
India has any jurisdiction over the marine or not.
INDIA JAPAN
OVERVIEW

Japan and India shares cordial relations since long


Japan is one of the closest and most reliable trading partners of
India
Both countries bilateral ties were elevated to status of special
strategic and global partnership during Prime Minister Narendra Modi
visit to Japan in 2014
Democracy is the binding glue
Both see China as potential rival
Both has USA as their common friend
Huge investment coming to India from Japan
Japan participating in India's infrastructure projects like Metro
projects, Dedicated Freight corridor, High Speed Trains etc.
The CEPA between both countries is one of the most comprehensive
agreements concluded by India and it had come into force in August,
2011
The bilateral trade between India and Japan pre-CEPA in 2010 was
$10.4 billion and currently in 2016 stands at $14.5 billion.
However, Indias trade deficit with Japan increasing from $3.1 billion
before the CEPA was inked in 2011 to $5.2 billion thereafter.
Trade negotiations:
o
India wants Japan to lift its ban on India's agriculture produce
due to pesticides etc.
o
India wants better access for its service professionals
o
India seeks greater access to its Pharma companies in Japan

INDIA JAPAN USA

Critically comment if the "strategic diamond" initiative of four


maritime democracies that was mooted by Japan is in the interest
of India's geopolitical ambitions beyond the Indian Ocean region.
(200 Words)
Strategic Diamond Initiative, a maritime cooperation between Japan,
USA, India and
Australia, is an idea mooted by Japan to contain China's growing
influence in the West Pacific region. India can gain from such a
cooperation but not without significant backlash from China.
Benefits:
1.
India can extend its regional and maritime footprint beyond Indian
Ocean, to become a global power.
2.
India has interests in the South China Sea (Vietnam oil blocks) which
are currently disputed by China and other SE Asian Nations. Strategic
diamond can provide a platform to engage with China about these
disputes.
3.
It can act as a counter to growing Chinese influence in the Indian
Ocean Region.
4.
Prospects of improving Indian maritime capabilities by engaging
with superior technologies of USA, Japan and Australia.
5.
Sea Line of Communication: With 35% world trade in oil from st of
malacca and our related interest in the same, its protection is sina qua
non.
6.
Diplomatic Importance: With these 3 countries India has huge stake
in terms of trade in energy (Australia: coal and uranium),
industries(USA:
pharma
and
other
exports),
infrastructure
projects(Japan: funding for trade corridors eg DFC). So further
engagement will strengthen the relationship even more.
7.
Disaster Response: Region is frequented my tropical cyclones,
concerted effort will be crucial for protection of life and property.
Drawbacks:
1.
China will aggressively condemn such a cooperation. It has already
expressed reservation to Strategic Diamond, due to which Australia has
pulled back.
2.
Can heighten the already intense border disputed between India
and China
3.
China may increase cooperation with Pakistan, thus putting our
regional security at stake.
4.
China can project this as India's expansionist and confrontation
attitude and influence SE Asian nations against India.
Rebalancing Policy: There must be restrained to any passionate and
aggressive campaign against China. The approach must be with larger
objective of maintaining peace with gradual participation of China in near

future. Thus such multilateral engagements should be potentially used to


pursue our national interest and must be added with clarification that
India will not engage in any peace destroying engagements .
RAILWAY

$ 15 bn soft loan to finance India's first bullet train between Ahmedabad


and Mumbai

There are many players who want to offer high-speed technology but only
Japan is offering both funding and technology.

However Japan has linked funding to use of their technology - India has to
buy 30% of equipment's including coaches and locomotives from Japanese
firms.

INDO JAPAN NUCLEAR PACT

09/04/2016
Despite recent strengthening of relations between India and
Japan, there is a delay in signinga civil nuclear cooperation
agreement between them. Examine the concerns of Japan in
signing this agreement and its importance for India. (200 Words)
Though Japan has given in principle nod to conclude civil nuclear
agreement with India, still there are many roadblocks in final signing of
the treaty.
Concerns raised by Japan are as follows:
1.
Since India has not signedNuclear Non-Proliferation treaty (NPT)and
it was the first country to test nuclear explosions after
institutionalisation of NPT, a large sections is wary of nuclear trade with
India.
2.
Japan has been avictim of nuclear hazardstwice in the history and it
has created an opinion among large sections to completely stop
nuclear trade.
3.
Nullification clause: Japan wants the clause which will allow Japan to
stop Nuclear Cooperation with India if the latter conducts nuclear test.

Though India has unilaterally imposed moratorium on nuclear testing in


2008 but Japan is not satisfied with it.
4.
Japan wantsIAEA inspectionof Indias nuclear facilities.
Importance of nuclear agreement for India.
1.
Share of nuclear energy is on a continuous rise in Indias overall
energy basket and international cooperation is key to achieving the
ambitiousINDC target of 40% non coal energy by 2030.
2.
Huge implications for overallstrategic partnership with Japan.
3.
It will help India as abargaining powerwhile dealing with other
countries. Eg: Australia
4.
It will virtually make NPT insignificant for India, and Indias attempts
for entry intoNuclear Suppliers Group NSGwill get a new push.
Japanese technology cannot be accessed lest Indo Japan contract is
signed and Indo Japan contract would be a symbol of strengthening
cooperation in midst of increasing Chinese interference in South Asia,
hence it is important.
INDIA JORDAN

President visited Jordan in October, 2015


India is largest importer of Jordanian phosphate
Presently around 20 Indian companies are operating in Jordan with
$300 mn investment
Current trade - $2bn (plan to increase it to $5bn)
Joint ventured fertilizer plant inaugurated (IFFCO owns 53%)
Jordan backs India's bid for UNSC
India offered $100 mn of credit line to enhance trade & investment
relation between two countries

INDIA KENYA

India and Kenya have signed seven agreements to deepen and


expand cooperation. Important MoUs are:
o
MoU on Defence Cooperation
o
MoU in the field of space Technology partnership
o
Revised Double Taxation Avoidance Agreement (DTAA)
o
Bilateral agreement on exemption of Visa for holders of
Diplomatic passports
o
Line of Credit (LoC) Agreement for US $29.95 million to
Kenyan Government
India will finance a cancer hospital in Kenya.
India will donate medicines for AIDS patients in Kenya
India would provide concessional credit of 60 million dollars for
power transmission project to Kenya
MoU between India and Kenya on cooperation in the field of National
Housing Policy Development and Management (NHPDM)
o
Both sides will collaborate on all matters relating to human
settlements and housing through various strategies including

training of personnel, exchange visits, exhibitions, conferences and


workshops
o
The cooperation between both nations will focus on upscaling
slum prevention and upgradation initiatives based on experience
and implementation process of each country
INDIA MANGOLIA
Relations

Critically examine the nature of relationship between India and


Mongolia. Do you think Mongolia can become India's strategic
partner to counter China's influence in its neighbourhood?
Comment. (200 Words)
India established diplomatic relations with magnolia in 1955. India was the
first country outside the Soviet block to establish diplomatic relations with
Mongolia.
1.
Economic front: bilateral trade though has increased manifold since
2000 but still remains much below potential; our economic presence in
Mongolia is restricted to provision of soft loans or financial aid for
infrastructure development.
2.
Culture and philosophy - The root of buddhism binds the two
countries culturally.
3.
Natural resources Mongolia has rich uranium resources. Both the
countries have inked agreement for peaceful use of nuclear power.
Jindal steel is involved in mineral exploitation in Mongolia. But critical
infrastructure problem in Mongolia comes as a hindrance in trading
relation between the two countries.
4.
Defence - Nomadic elephant -It is a joint military exercise between
India and mongolia. Chinas presence in the neighbourhood of both
india and Mongolia will affect defence cooperation. Under framework of
defense agreement (signed in 2001), Mongolian military officers are
trained in Indian institutes
5.
Renewable energy - Due to lack of technology; mongoliya derives its
energy from coal mainly leading to serious environmental and health
problems. India can help Mongolia in utilizing solar energy or other
renewable energy sources through technology aid.
6.
Mutual support - Mongolia stood with India in case of UN resolution
supporting Bangladesh as an independent state ignoring its neighbour
Pakistan. Mongolia support India for permanent seat in UN security
council.
7.
soft power: projected by India through establishment of institutes
namely Atal Bihari Vajpayee Centre for excellence in ICT and Rajiv
Gandhi college for production & art in Mongolia; presently both
institutes require modernization to cater to Mongolian youth.
8.
Democracy - Mongolia has transformed herself for a better
democracy through ages. It has joined many peace initiatives with UN.
Challenges

1.

The growing relationship between china and Russia, and Mongolia as


a buffer zone between them creates challenges to India.
2.
The land locked position of Mongolia lessens the more independent
and strategic relationship between India and Mongolia. Being a land
locked country Mongolia relies heavily on China for trade & commerce;
particularly regarding mineral resource exploitation in which Chinese
companies have nearly monopolistic access; making Mongolians wary;
giving rise to Sino phobia in Mongolia
The third neighbour policy of Mongolia Mongolia has been making efforts
to
establish relations with western and eastern powers through its third
neighbour
policy.
INDIA MALDIVES

Facts about Maldives:

100% literacy

Decent Health-care system

Highest per-capita GDP in South Asia

Developed Tourism sector

It is a coral island

Important because of its strategic location in Indian Ocean


Recent problems in Maldives:

Drug menace among youths

Growing radicalization of youth


o
A/C to one estimate- 200 Maldivian youth travelled to Syria to
join IS
o
Presents threat for India

Cases of Human rights violations


Historical context of bilateral Issues:

India Being the close neighbour of maldives was the first country to
recognise maldives in 1965 soon after its independence from Britain.

GMR contract cancelation

President Nasheed's ouster

Indian Army's 'Operation Cactus' foiled a coup in Maldives that


was attempted by a pro-Eelam group in 1988. India maintains a naval
presence in Maldives, at the request of the Maldives, since 2009.

India dispatched water aid to the Maldivian capital of Male, after


a fire destroyed the generator of its biggest water treatment plant.
Change of stance:

Cancellation of PM visit

Earlier strong statements against Maldives handling of Nasheed trial


and government's growing closeness with China
But now -> India made no comment on a ruling by the UN tribunal,
Working Group on Arbitrary Detention, that Nasheed trial was
"unlawful"
India has also refused to respond to Nasheed's call for intervention
in Maldives

Why Change in stance:

Because India's attitude was perceived as intervention in internal


matters by Maldives government and new government is more China
pro than India. Increased China influence will be a big strategic loss to
India and hence India has decided to stay silent on Maldives internal
matters.
Recent bilateral developments:
1.
Defence pact: to train Maldivian defence personnel and supply
critical equipment
2.
CMAG:Indias support to Maldives in the CMAG (Commonwealth
Ministerial Action Group) deliberations regarding democracy in
Maldives has acted as a confidence building measure.
3.
Humanitarian relief:Indias prompt help to Maldives in 2014 after
water crisis emerged there is well appreciated in Maldives.
4.
Infrastructural development:India has made high investment in
Infrastructure development in Maldives.
5.
Mutual Legal Assistance Treaty (MLAT):agreement for cooperation
on terrorism, transnational crime and criminal matters.
6.
Coastal radar system
7.
MoU for cooperation in field of tourism
Significance of these developments:
1.
Defence Pact is important as it will help bringing down increasing
Chinese influence in Maldives.
2.
Indias relations with Maldives have been at all time low since the
cancellation of GMR Airport contract and Ouster of former president
Mohammad Nasheed, thus recent developments will help in bringing
back the relations to normal.
3.
Indias stand in CMAG will help Maldives to solve its own problems
and it will remove apprehensions in the minds of Maldives regarding
Indias apprehensions as it has always openly supported former
president.
4.
Cooperation between both countries will be win-win situation for
both as Maldives occupies an important place in Indias security
architecture and Maldives need Indias assistance in its development
and stability.
Pending Issues:

Maldives had recently ratified china's ownership to one of its island


which is a cause of great concern in the Indian ocean region.

India being one of the biggest democratic country had kept silent on
Nasheed's issue where in her was more pro Indian.
High rates of Maldivian citizens recently joining ISIS is a cause of
concern which can destabilize Indian security concerns.

Maldives is the smallest country of South Asia. But its significance is no


less because of its crucial geostrategic location in the Indian Ocean. It sits
astride on major sea lanes of communications (SLOCs). So close
cooperation with Maldives is in Indias interest
Source:

http://mea.gov.in/Portal/ForeignRelation/Maldives_December_2014.p
df

http://www.idsa.in/book/multi-party-democracy-in-the-maldives-andthe-emerging-security-environment
Maldives political crisis

Context:

First democratically elected leader of Maldives (Nasheed) was forced


out of office in coup.

He is now in UK as a political refugee and is preparing a front


(shadow government) of opposition parties against current President
Yameen
Concern for India:

This shadow government wants India's recognition.

India already has lost too much for its hard stance in beginning of
this political crisis.

China has taken advantage of India's hard instance and opposition


of new government

After which, India has soften its instance against current


government ignoring its undemocratic nature

So, India faces a dilemma of choosing between


o
its strategic interest of supporting undemocratic current
government or
o
to adhere to its principle of support to democracy and
recognising shadow government
Why India should not support new front?

It would be against the principle of Panchasheel of non-interference

It will worsen our relations with the present government of Maldives


and will most certainly push them towards China
Why India should support new front or find out a solution to
Maldivian crisis?

Stable government in Maldives is desirable for India's


neighbourhood diplomacy.
Being a strong supporter and example of democratic institution, it is
the moral duty of India to guide Maldives to right democratic path
Relations with the former democratic government was better with
respect to the present regime which is tilting towards China.
India is strongly pursuing for a global role (UNSC seat, NSG/MTCR
membership etc.). So, India should show its prowess by resolving this
dispute in its neighbourhood.
ISIS is making inroads in Maldives which would pose real threat to
India's strategic interest

INDIA MAURITIUS
DTAC

Background
The India Mauritius Tax agreement is in force since 1983, Mauritius in the
meantime have been the single largest Foreign investment destination to
India. There are multiple reasons for which various countries and
companies have invested in India through Mauritius. Two of those reasons
are DTAC and minimal tax in Mauritius.
Why and How was DTAC helping Mauritius in becoming a tax
haven?

Thirty three years backGovernment of India negotiated a Double


Taxation Avoidance Agreement (DTAA) with Mauritius.

Under this, tax payers who reside in one country and earn their
income in another would not be taxed twice for the same
income.However, this had, in effect, led to a situation where the
entities concerned would avoid paying taxes in both countries.

Mauritius and other tax havens have almost negligible taxes. This is
encouraging resident Indian entities to route their investments back to
India through Mauritius and avoid paying taxes

At $64billion, it is the largest foreign direct investment source for


India, accounting for 38% of total FDI.

Investors route money into India through Mauritius and use double
tax treaty to prevent India from charging capital gains tax on these
investments.

The result of this arrangement is that from 2000 to 2013, $72 billion
has flowed into India from Mauritius. This represents 38% of cumulative
equity inflows into India over this period.

According to the tax treaty between India and Mauritius,capital


gains can only be taxed in Mauritius, the same treaty exist with 16
other countries.

But with only 3% of capital gains tax, the quality of its service and
regulatory framework, its pool of professionals, geographical proximity,

cultural affinities and long historical ties with India,Mauritius is the


most attractive conduit for investments into India.
Why DTAC has been changed now?
DTAC have been the bone of contention between both the countries for
the
following
reasons:
1.

Limitations on Benefits clause: India wants to incorporate in the


DTAC, it will limit the tax benefits only to the residents of Mauritius and
would
help
India
curb
its
tax
losses.

2.
to
3.

Round Tipping and Black Money: Lots of black money flow back
Indian
economy
via
round
tipping
through
Mauritius

Hot Money: The amendment to the agreement would also help


control the hot money inflow in India

What are the concerns in new DTAC?

The new protocoldoes not discriminatebetween money meant


for bona fideeconomic activity and that which originates from dubious
sources shell companies, foundations and NGOs with security
implications. This issue doesnt have much clarity.

A more likely consequence of this protocol is thatgood investment


will start shrinking and illegitimate investments will thrive.

Itcould hurt short-term foreign investor inflows into Indiaparticularly


from companies whose investment strategies are guided by minimising
taxes.This could pull down markets initially.

Many foreign investors will have to redraw their strategies. The


incentive to route investments through Mauritius will cease to exist
once the new rule kicks-in. This could raise their tax outgo.
INDIA MEXICO

To further strengthen their bilateral ties, India and Mexico have


decided to focus on sectors including renewable energy, telecom and
medical devices.
Areas of cooperation :
1.
Wind Power: Mexico wants to increase its installed wind
power capacity. Because of this Indian firms such as Suzlon Energy
are looking to make big investments in Mexico
2.
Internet Access: Indian companies are interested in Mexicos
telecom sector as the Mexican government is looking to provide
high-speed broadband Internet access even in remote areas
3.
Medical Devices: Mexico is a big market for Indian medical
devices

INDIA MOROCCO

Historical ties e.g. Ibn Battuta who visited India and written
extensively was from Morocco
Diplomatic relation estb. In 1957
Trade volume - 1.2 billion
Phosphates and derivatives
South -South Coordination
India-Morocco jointly launched Chamber of Commerce to boost
trade and accelerate the pace of economic development between two
countries.
It will help India to tap Morocco as the hub for its economic activities
in the resource-rich western Africa region in the globalised world
In recent times, Morocco has emerged as a favoured destination for
investments by Indian firms
India and Morocco also signed five Memorandums of Understanding
(MoUs) covering various fields such as television broadcasting, water
resources, institutional cooperation and educational and cultural
exchanges

INDIA MOZAMBIQUE

Mozambique is oil rich.


PM Visit:

Mr. Modis visit to Mozambique is significant as the country is home


to a bulk of Indias Africa-bound investment

Energy dialogue between two sides has been steadily growing since
the India Africa Forum Summit

In August 2015, both sides had signed a crucial MoU to cooperate in


the new and renewable energy sector

Mozambique is expected to become a major energy exporter like


Nigeria if it can set a proper legal framework to enable foreign firms to
explore oil and gas in the country

India has been a major campaigner to facilitate the pro-energy legal


framework in the country

3 MoUs signed in areas of drug trafficking, pulse trading and sports

INDIA MYANMAR

It is said that the Buddhist chauvinism is now threatening the


democratic process in both Myanmar and Sri Lanka. Critically
analyse the causes and its implications. Also examine if India can
play any role in these countries to address this common issue.
(200
Words)
The causes of Buddhist chauvinism impacting democracy in Myanmar and
Sri Lanka
are ethnic, political and economic

1.

Ethnic-In Myanmar Buddhists are confronting Rohingya Muslims


leading to migration of thousands of Rohingya. Sri Lankan Sinhalese
Buddhists are carrying on their vendetta against the Tamils of the
northern provinces from the 2009 war against the LTTE.
2.
Political-Both Myanmar and Sri Lankan governments are helping
the Buddhists continue their campaign against the respective minority
communities. The Myanmar junta is supporting the Buddhists to
weaken Aung San Suu Kyi's chances of coming to power.
3.
Economic-Buddhists in both Sri Lanka and Myanmar make up the
middle to higher income classes. Thus they are able to continue their
antagonism against Rohingya and Tamil minorities who are poor.
The consequences of Buddhist chauvinism are
1.
Human Rights violations-Rohingya have already been stripped of
citizenship and government laws seek to restrict marriage and child
birth for Rohingya. Sri Lankan Tamils have not been able to rebuild their
lives since the 2009 War despite government help.
2.
Demographic pressure on India- The Buddhists are causing a
spurt in Rohingya migrants who are coming to India via Bangladesh.
Neither Bangladesh nor Myanmar is willing to recognise the Rohingya.
India can play an important role in alleviating this crisis
1.
Myanmar's Rohingya-India can negotiate with Myanmar for
resettlement of Rohingya or seek the intervention of UNHRC.
2.
Sri Lanka's Tamils-India can ask Sri Lanka to bring out an
alternative to the 13th Amendment which will give the Tamil dominated
Northern province more powers.
India had taken a tough stand against Myanmar military junta government
for not adopting democratic form of government. There are around 5500
Rohingya in India under refugee status and are deprived of basic rights
like education health etc. India can assist them by enabling basic
amenities. she can contribute to rescue operations of International
Organisation for Migration(IOM)in Burma as it did in Nepal and Yemen.
India can push for an inclusive constitution in Sri Lanka through bilateral
meetings, Regional groupings and international organisations.
OVERVIEW

India and Myanmar have traditionally had much in common, with cultural,
historical, ethnic and religious ties, in addition to sharing a long
geographical land border and maritime boundary in the Bay of Bengal
Why Myanmar is important for India?

Act-East Policy
o
Myanmar is located at the junction of East, SE and South Asia
o
Only ASEAN country that shares border with India. Hence,
gateway to ASEAN
o
Buffer state to China

To tackle insurgency in NE

o
o

A large number of cross-border ethnic groups and insurgents


from Northeast India have military bases in Myanmar
Energy Security
Myanmar has oil and gas reserves
ONGC Videsh and GAIL are actively pursuing these resources
Economic opportunities
Myanmar is opening up to the rest of world. New democratic
government provides lots of avenues for India.
Infrastructure projects
India-Myanmar partner in many infrastructure projects:

BCIM corridor

Sittwe port

Mekong Ganga Initiative

India Myanmar Thailand trilateral highway

Recent steps taken:

India-Myanmar signed 4 MoUs:


1.
MoU on cooperation in the Field of Renewable Energy.
2.
MoU on cooperation in the construction of 69 Bridges
3.
MoU on cooperation in the field of Traditional Systems of
Medicine.
4.
MoU on cooperation in the construction and upgradation of
the Kalewa Yagyi Road Section.

MoU for designing an academic and professional building


programme for insurance industry of Myanmar

MoU on Cooperation in the field of Power Sector. Under it India has


offered to enhance power supply from Moreh in Manipur to Tamu in
Myanmar

Both countries agreed to cooperate in security and strategic issues.

They also agreed to enhance engagement in several areas including


to develop a mutually beneficial arrangement for trade in pulses.
Source:

http://thediplomat.com/2014/08/the-strategic-importance-ofmyanmar-for-india/
DEMOCRACY IN MYANMAR

Facts:

Myanmar has sworn in Htin Kyaw as the countrys first civilian


President in more than 50 years.

Mr. Htin Kyaws government would be its most democratic


administration since 1962 when the military seized power.

Ms. Suu Kyi's National League for Democracy (NLD) won 77 per
cent of the elected seats in Parliament. She cannot lead the
government because of a constitutional provision that bars her since
her sons are British and not Myanmar citizens.

Background

The National League for Democracy( NLD) won Myanmar's last free
and fair election in 1990 in a landslide, but the result was ignored by
the then ruling military. The NLD boycotted a 2010 poll held under
military rule.

The Union Solidarity and Development Party (USDP), which is


dominated by military and civil servants, will be the NLD's biggest
opponent.

Ms. Suu Kyi's own presidential aspirations are curtailed by a clause


in the constitution that bars individuals with children holding
foreign citizenship from becoming head of state.
Political reforms in Myanmar
A process of reform has been under way in Myanmar since November
2010, when military rule was replaced by a new military-backed civilian
government.

Release of Aung San Suu kyi from house arrest.

The release of political prisoners.

Free and fair by-poll elections in 2012 that saw Aung San Suu Kyi
enter Parliament.

The lifting of censorship on media houses.


Military hold on Parliament

As per 2008 constitution, 25 per cent of the seats in the Upper


and Lower houses of Hluttaw (House of Representatives) will be
nominated by the military.

The all-important Defence and Home portfolios remain with


the Tatmadaw (The Myanmar Armed Forces), regardless of who
comes to power.
Challenges for new government

Economic development
o
Myanmar is one of the poorest nations in Asia. In the years of
isolation under the junta, economic growth stagnated, trapping
millions in acute poverty.

Military interference
o
One-quarter of seats in both Houses of Parliament are
reserved for the military. This prevents any constitutional
amendments without the militarys approval.
o
The military also has direct control of three key Ministries:
defence, home affairs and border affairs.

Ethnic conflict and issue of sovereignty:


o
Myanmar's biggest challenge in the coming years will be to
control, consolidate and protect its borders and its sovereignty.
Moving forward on a comprehensive peace agreement with the
ethnic nations and containing insurgencies will be its primary goal.

Myanmar has
been the site of serious conflicts
between Buddhist and Muslim communities, particularly in
Rakhine State.

INDIA NEPAL
RELATIONS

The relationship between the two countries is bound by history,


geography, economic cooperation, sociocultural ties and people-to-people
relations. As close neighbours, India and Nepal share a unique relationship
of friendship and cooperation characterized by open borders and deeprooted people-to-people contacts of kinship and culture.
Recent Developments:

China opened biggest border trading post based on Nepali's request


in the wake of essential commodities crisis due to blockade on Indian
border by Madhesis

China to supply fuel and essential commodities in wake of Indian


blockade

India had pledged $1 billion of reconstruction aid, of which 40 per


cent was grant and the balance in the form of soft loans. This was in
addition to the $1 billion assistance announced during Mr. Modis visit,
bringing Indias total commitment to $2 billion over the next five
years.

Pokhra-New Delhi direct bus service launched

USD 750 million dollars for post-earthquake reconstruction projects


in Nepal

MoU for Upgradation and Improvement of Road Infrastructure in


Terai Area of Nepal
Nepal PM visit to India
Nepals Prime Minister K.P. Sharma Oli paid his first state visit to India. In
accordance with tradition, Mr. Oli made India his first destination abroad
after becoming Prime Minister in October 2015. India and Nepal signed
seven agreements on issues like housing, health, education, cultural
heritage etc.
Significance of this visit:
In August 2015, Nepal adopted new constitution since then there is
continuous blocked at the indo-Nepal border by Madhesi. Nepal-India
tensions spiked last year with the promulgation of a constitution that was
perceived as
non-inclusive of ethnic Madhesi and Tharu groups.

The Nepal government accused India for imposing the blockade that
led to a severe humanitarian crisis in Nepal. The Nepali government
alleged that the Indian government had encouraged the blockade to
apply leverage on Kathmandu to pursue constitutional reform.

India refuted those allegations, stressing that the border tensions


were caused by the Madhesi parties and were the outcome of

internal protests in Nepal. India also accused Nepal of stoking antiIndia sentiment and has been irritated about Nepals attempt to use
the China card.
Nepal PM visit in such circumstance had provided opportunity to
both sides to minimize misunderstanding. During the visit India
conveyed that Kathmandu should urgently resolve the issue to create a
sense of security and harmony in the Terai region and ensure
uninterrupted commerce.
Peace and stability in Nepal is vital for Indias economic
development and security. Prolonged conflict in Nepal will have
spillover effect especially in Bihar and Uttar Pradesh that share open
border with Nepal.
Anti-India feeling in Nepal may provide opportunity for china to
exploit the volatile situation.

Why Nepal is important for India?

Strategic importance: Nepal is a buffer state between India and


china.

Internal security: Nepal shares a long open border with India.


There is alleged link between Naxalits and Maoist in Nepal.

Socio-economic development of bordering states especially Bihar


and Uttar Pradesh.

To counter terrorist activities close to border areas: Many hard


core terrorists had been apprehended in Nepal close to Indias border.
In your opinion, which country has strategic advantage in
Nepal India or China? Critically examine. (200 Words)
India has a definitive advantage in Nepal compared to China. The kind of
relief work India has done in wake of devastating earthquake and with the
zeal India has responded shows that India really cares about Nepal
wellbeing and it has a strong connect with Nepal. There are many reasons
for this strategic advantage:
1.

Open borders: India has a long open border with Nepal which is
open for the people of both countries without any Visa. This is
emphasized by 1950 Treaty of Peace and Friendship. There are lot of
Nepalese and Indians working in each other countries respectively. On
the other hand China has Himalayas in between the two countries
which act as a natural barrier to any advantage.
2.
Army: Indian army has lot of Nepalese citizens working and there is
a regiment which serves in India but comes from Nepal i.e. Gorkha
rifles. It means much more as hundreds upon thousands of Ghales,
Gurungs, Thapas and Ranas from this region regularly join its ranks
with cheer. These people have fought many wars for India with
courage. Even today, Nepal receives the largest number of training
slots in Indian military institutions. China again lacks this connect with
Nepal.

3.

Culture: Culturally also both the countries connect well and have a
strong bond due to Buddhism. Also there are temples in Nepal which
people from India visit and same stands for Nepal. food habits,
language, religion (Hinduism & Buddhism) join the two countries;
Indian cinema & music is highly popular in Nepal. Matrimony across
border is common feature.
4.
Diplomatic engagements: both India & Nepal have meted out
special treatments to each other; General of each army is honorary
General in other army; max slots are reserved for Nepal in Indian
military training institutions; Nepal has always duly attended to
concerns from India.
Definitely Indo-Nepal relationship is a strong one; however the growing
Sino-Nepal engagements should force India to enhance its efforts to reach
out to Nepal.
Source:

https://www.mea.gov.in/Uploads/PublicationDocs/25009_External_Aff
airs_2014-2015__English_.pdf
NEPALS CHINA TILT

Nepal in recent years has increased its closeness to China. During last
year's constitutional crisis, China has taken advantage of anti-India feeling
among Nepalese government and citizens and has moved close to China.
List of important agreements/MOUs:

The agreement on transit through China where China has agreed


to provide the Tianjin seaport for transit of Nepali goods imported from
third countries.

The proposal on connectivity of Nepal with the Tibet rail


network.

Agreement
on
Economic
and
Technical
support
to
implement Pokhara Regional International Airport Project.

China has agreed to upgrade two road links between Nepal and
Tibet, agreed to extend the Chinese railway to Kathmandu and then to
Lumbini.

China has given its nod to a long-term commercial oil deal.

China has also agreed to build oil storage facilities for Nepal
Should India be afraid of China's closeness with Nepal?
No. Because:
1.
Chinese mainland and ports are 3,000 km away, as compared to
1,000 km to Kolkata. Economically not viable to export via China.
2.
Open Nepal-India border is a prize of shared history to be nurtured
by both countries
3.
In socio-political terms, Kathmandus civil society enjoys a comfort
zone with India that the taciturn Chinese state cannot match

But, India should be cautious because:


1.
The arrival of Qingzang Railway from the Chinese mainland to the
Tibetan plateau in 2006 has been the game changer, and the line has
already been extended to Shigatse town and is ploughing westward
and closer to Nepals border points
2.
The railway makes the transfer of goods from the mainland
economically feasible in a way that had never before been
contemplated
INDIA NETHERLAND
Write a note on the relations between India and Netherlands.
(200 Words)
India and Netherlands have shared cordial relations since Independence.
The relations between the two nations have focused on economic and
commercial aspects instead of a strategic outlook. However, even that has
been changing in the recent past.
1.

2.
3.

4.
5.
6.
7.

8.

Counter Terrorism - India and Netherlands have set up a joint


working group on counter terrorism. This would help the two nations
learn from each other's experience. While India has a long history of
tackling terrorism, Netherlands is a part of the coalition that is fighting
the ISIS.
Trade - Bilateral trade between the two nations was around 6 Billion
Euros in 2014-15. Also, India was the fifth largest investor in the
Netherlands.
Renewable Energy - Netherlands has long experience in
harnessing wind energy. Thus the two nations can collaborate in this
sector as India attempts to increase the contribution of clean energy
for sustainable development.
Strategic Ties - The Netherlands supports a permanent seat for India
at the UN Security Council.
Water management - Netherlands is a country whose significant
area lies below the sea level. Hence, it has faced devastating floods.
India can benefit from that experience to tackle the problem at home.
People to people contact - Netherlands is a popular tourist
destination for Indians. The Indian government is also trying to attract
the Dutch tourists by including Netherlands in the e-visa scheme.
There are particularly lucrative opportunities for Dutch companies in
the following sectors of India's economy: agri-food, logistics (ports,
shipping and inland waterways), technology (the automotive and
defence industries) infrastructure and water management, energy,
health, chemicals and creative industry.
Exports from the Netherlands to India include machinery, optical
equipment, cast iron and steel. The main Dutch imports from India are
mineral fuels, including oil.

9.

The Netherlands and India maintain close relations in the fields


of education
and
science.
For
instance,
there
are exchange programmes with various universities, and Indian and
Dutch scientists conduct joint research. The Dutch government
provides grants to Indian students
10. Stemming from the 17th and 18th centuries when the Dutch East
India Company (VOC) had trading posts in India. The Netherlands seeks
to preserve that heritage, so this is an important area of cultural
cooperation. Besides common cultural heritage, other focuses are the
visual arts, film, new media, music and design
Although relations have flourished after Independence, but it is well below
its potential.
Lack of comprehensive defence collaboration with India combined with
insignificance of Netherlands in South Asian strategic affairs has impeded
a fully-fledged strategic partnership between both nations.
There is huge potential for collaborations given the geopolitical and
economic
necessities of both nations. Engagement of leaders at highest level along
with greater
economic and defence cooperation is the need of the hour to take ties to
new levels
INDIA NEW ZEALAND

How New Zealand can be important for India?

New Zealand has world class technologies in daily industry. India is


collaborating in this field.

Significant number of Indians go to New Zealand for studies and


jobs

Support for NSG and UNSC


Recent Developments:

India and New Zealand signed three agreements in the areas of


double taxation avoidance (DTA), sports and food security to carry
forward the ties between both sides.

Both countries have reached an understanding on further


cooperation on cyber security, counter-terrorism, customs, education
and food safety
New Zealand does not supports India's membership of NSG:
During this visit of New Zealand PM, India failed to get outright support of
New Zealand for its bid for Nuclear Supplier Group (NSG) membership.
India had clearly notified New Zealand that its entry to the NSG was tied
to its need for clean energy and climate change commitments. Thus, it
indicates that New Zealand is yet to change its position of admitting only
signatories of Nuclear Non-Proliferation Treaty (NPT) countries in NSG, a
group of 48 countries which works by consensus.

Why New Zealand does not support Indias bid to NSG?

New Zealand is part of a group called the New Agenda for Coalition
which promotes the NPT and pushes for nuclear disarmament
worldwide.

The official state visit New Zealand PM John Key comes in run-up to
a crucial NSG Consultative Group (CG) meeting to be held in Vienna in
November 2016.

This meeting will specifically consider whether countries that


havent signed on to the NPT can be considered for membership.
Earlier in June 2016, Indias membership bid to NSG had failed to make
headway in Seoul (South Korea) after it was opposed by China and
other countries. New Zealand was also among the countries led by
China that have demanded to set criteria for non-signatories of the NPT
for joining NSG.
What is New Agenda for Coalition (NAC)?
NAC is a geographically dispersed group of middle power countries that
promotes the NPT and pushes for nuclear disarmament worldwide. It
consists of Brazil, Egypt, Ireland, Mexico, New Zealand and South Africa.
The group was officially launched in Dublin (Ireland) in June 1998 in
response to the North-South divide that stymied talks on nuclear
disarmament and non-proliferation within the framework of the NPT.
INDIA NIGERIA

Nigeria is a West African nation


Nigeria is an important trading partner of India. The bilateral trade
between both countries stood at US 12 billion dollars in 2015-16.
Nigeria is Africas biggest oil producer and its major chunk of crude
export is to India.
There are over 100 Indian companies operating in Nigeria mainly in
hydrocarbons, telecom, textiles, electrical equipment, chemicals,
pharmaceuticals, plastics, IT and autos sectors.

INDIA NORTH KOREA

India signalled upgraded ties with North Korea, by sending Minister of


State for Home Kiren Rijiju to participate in an event marking the North
Korean national Independence Day

Indias bilateral ties with North Korea have been frosty for several decades
mainly due to the latters close strategic ties with Pakistan.

rethink is part of a political consensus borne out of the long term interest
of India.

North Korea is estimated to have one of the largest global deposits of


minerals and rare earth metals necessary for Indias IT industry and
electronic majors.

Diplomats are not ruling out the possibility that a dramatic change in
bilateral ties like what the U.S. achieved with Iran and Cuba could possibly
also occur in case of North Korea. There is a rush for strategic resources
in the countries like North Korea that were blockaded and sanctioned
away from global economy. India should be an early bird in North Korea
just in case North Korean economic ties with the world undergo change in
near future,

BBC has announced that it will start a service targeting North Korea in
near future. BBCs move shows that the world is impatient to reach out to
North Korea.

A major factor that inhibited Indias steps towards the North Korean
market in the past was the sensitivity of South Korea towards such a
move.

____

Among the permanent members, France was the closest to the Indian
position, favouring the inclusion of India, Brazil, Japan and Germany (G-4)
and an African representative as permanent members and expansion of
the non-permanent category of members. France even expressed no
objection to the veto power being extended to the new permanent
members. The U.K. supported G-4 as the new permanent members, but
without veto.

India and the G-4 have exhausted all the arguments in favour of
expansion and they have to be more and more inventive in promoting
their proposals. They have already made a compromise on the veto, the
claim to which would be suspended for fifteen years or so.

G-4 has so far maintained a faade of unity, but each of them may be
amenable to bilateral deals if any one of them becomes a liability for the
other three. Germany has already toned down its demand for permanent
membership because of over representation of Europe. This may well be
the motive for France and U.K. also to support G-4.

India Position:
India has upgraded its claim to right and remained the leader of G-4. But
there is a section of opinion that Indias position on the Non-Proliferation
Treaty (NPT) and its border disputes with Pakistan and China might be
impediments to its permanent membership.

The India-U.S. nuclear deal was expected to give de facto recognition to


Indias nuclear status, but its non-NPT status came in the way of its
entering the Nuclear Suppliers Group (NSG) and the Missile Technology
Control Regime (MTCR). No amount of extra effort by India can resolve the
NPT, Pakistan and China issues in a hurry

From <http://www.thehindu.com/opinion/lead/reform-eludes-un-securitycouncil/article7659944.ece>

N KOREAN EVENTS

Nuclear bomb tested 08/02/2016

Long distance Missile launched

INDIA OMAN

India and Oman signed MoUs on:


(1). MoU on Defence Cooperation
(2). MoU in the field of Marine Crime prevention at Sea
(3). MoU on maritime issues
(4). Protocol on flight safety information exchange

INDIA PACIFIC ISLANDS

PAPUA NEW GUINEA

29/04/2016
PM visited Papua New Guinea.

India's focus on Pacific Islands as a counter to China's focus on


Mauritius, Sri Lanka and other Indian Ocean islands.
India is ready to cooperate with Pacific Island countries in protecting
their Exclusive Economic Zones
PM made a pointed reference to Papua New Guineas natural
resources and said there were many opportunities waiting to be seized
as both countries had prioritised sustainable use of ocean and marine
resources
India will also pledge support to establish a pharmaceutical
production unit here to meet the demand for life-saving medicines

India PNG MoUs:


1.
A memorandum of understanding (MoU) was signed between Indias
ministry of health and family welfare and Paua New Guineas ministry

of health and HIV/AIDS for a broad range of cooperation in the field


of healthcare and medical science.
2.
Another MoU was signed between the Papua New Guinea
government and the Export Import Bank of India for a $100-million
credit line for development of infrastructure in the island-nation.
3.
The third MoU was between the Indian Council of Agricultural
Research, New Delhi, and PNG University of Technology, Lae, for
cooperation in agricultural research.
4.
The fourth MoU was signed between the governments of India and
Papua New Guinea for establishing of India-Papua New Guinea Centre
for Excellence in IT.
India is going to explore and develop Papua New Guineas vast oil
and gas resources

Through joint ventures and investments from both the Indian private
and public sectors.

It could be a new avenue of cooperation between the two


countries,Papua New Guinea
INDO PACIFIC OVERVIEW

Why Pacific region is gaining importance in India's Foreign


Policy?

Chinese increased presence in the Indian Ocean calls for Indian


presence in the Pacific Ocean to counter the balance of power.

Free trade agreements like Trans-Pacific Partnership and Asia-Pacific


Economic Cooperation Free Trade Area- that provides majority of global
trade are Pacific centric

Indian Diaspora across various islands in the region

Transformation of "Look East" into "Act East"

The region remains easily accessible to American continent and


even countries like Japan , Australia with whom India shares its special
bonds

The Pacific region has very high market potential for Indian exports
such as engineering services, ICT services and FMCG items etc

INDO PACIFIC ISSUES

It is said that the future strategic scenarios will increasingly focus


on the Indo-Pacific littorals and India must prepare for them more
proactively, with maritime security interests acting in concert

with diplomacy. In the light of the statement, examine the


reasons for this shift in focus on Indo-Pacific region and how
should India deal with this shift. (200 Words)
As world trade has increased, the importance of Sea Lines of
Communications (SLOC) has also increased. The resource hungry nations
have now moved to the oceans to satisfy their needs. Thus, the
importance of Indo-Pacific littorals has increased in a strategic sense due
to the following reasons
1.
US's pivot to Asia - In order to counter China's rise, the US is
rebalancing its foreign policy and giving more importance to Asia. That
has increased the importance of Indo-Pacific region.
2.
Trans Pacific Partnership (TPP) - TPP is a major Free Trade Agreement
backed by the US which will bind the region in a tight economic
embrace.
3.
Sea Lines of Communications - This region contains very important
SLOCs which have a direct bearing on the economic security of many
nations. SLOCs through which nearly 55% of Indian trade passes
through. This makes it strategically imperative for us to safeguard our
maritime interests.
4.
South China Sea Resources - There are indications of presence of
hydrocarbon assets in the South China Sea Region. This increases the
importance of this region manifold. China's increasing assertiveness in
SCS will not only devoid us of mineral (oil etc.), marine, rare earth
metals and other resources ( important for energy and food security)
but China's naval/military presence in SCS will reduce our strategic
edge in our backyard (IOR).
5.
China's 'Blue Water' Ambitions - In order to stake claim to disputed
area of the South China Sea as well as safeguard its SLOCs, China has
rapidly expanded its navy. This poses a strategic threat to India and
other littorals in the region.
6.
In the wake of slowing down of EU and U.S economy (especially
after 2008 recession),focus has shifted towards Indo-pacific littorals as
it houses many of the world's biggest economies and largest markets.
In order to deal with the shift in the world's focus on the region, India can
take the
following steps 1.
Joint naval exercises with other major powers in the region like
Australia, Japan etc. Strengthen naval co-operation with littorals
(specially Australia ,Japan, Australia, Singapore) and U.S Malabar joint
exercise is a case in point.
2.
Strategic engagement with China in the region, balanced with
the "strategic plus" partnership with the US.
3.
Strengthening relationship especially economically with the IndoPacific littoral states.

Critically discuss the objectives of the Forum for India Pacific


Islands Cooperation (FIPIC) and its significance to India's
geopolitical interests. (200 Words)
The forum for India pacific islands cooperation is a multinational
group developed in
2014 for cooperation between India and 14 pacific islands.
The main objectives of the FIPIC are to strengthen trade and strategic
bilateral
relationships of India with the pacific islands. Significance of the FIPIC for
India are:
1.
2.
3.
4.
5.
6.

It will help India to harness resources of pacific islands for


agricultural, fishery, oil and natural gas, mining, information
technology, and will help in the growth of healthcare centres.
It would help to cater to the needs of the Indian diaspora living in
the Pacific islands.
It will help to address the issues of climate change and use of
renewable energy like solar energy, weather forecasting, use of science
and technology
The pacific islands can also support India to gain the permanent
seat in the united nation security council.
It will boost trade and commerce.
It is most important relationship of India under the Act East
Policy and will help to fulfil India growing demand of marine resources.

Although FIPIC is geopolitically significant for India but there are some
obstacles to
this---Firstly pacific islands are also strategically important for China and with
the help of Maritime Silk road China would also want to keep strong ties
with these resource rich islands which can put constraints and affect the
ties of these islands with India.
Secondly the Pacific islands may look forward to USA for a strategic
partnership to boost their economies as well as geopolitical interests
which can act as a hurdle for India's interest in these islands.
Nevertheless, India will have an upper hand in these islands which will
protect
India's interest by fostering support and cooperation which will be fruitful
in the long
run of India's foreign policy.
It is argued that a strategic framework involving India, Japan and
Australia is fast evolving in the Indo-Pacific region. Critically

analyse the objectives and significance of this framework. (200


Words)
In the past couple of years, we have witnessed a growing convergence of
interests of India, Japan and Australia. Past month, the 3 foreign ministers
met each other to discuss their common interests.
Objectives:
1.
Curb China,s aggressive outlook: on the account of new found
china's aggression in the south and east china sea and also in indian
ocean, China's establishment of ADIZ in the south and east china sea,
its claim on the Senkaku islands, Spratley, fishing (permits) regulations
in Hainnan province. Its opposition to India's presence in Vietnam oil
blocks in south china sea, its growing clout in the Indian ocean, its
string of pearls, Its proposed Maritime silk route, Its establishment of
listening posts in Seychelles, presence at hambantota, embassy at
Maldives.
2.

It is also a concern for Australia as china using its deep pockets to


finance cheap loans for pacific countries around Australia. (China's
unilateral decision in 2013 to extend its "air defence identification
zone" (ADIZ) over the contested maritime area in the East China Sea
overlapping with the already existing Japanese one to announcing
new fishing regulations for Hainan province in January 2014 to ensure
that all foreign vessels need fishing permits from Hainan authorities in
more than half of South China Sea. China's land reclamation work in
the Spratly Islands )

3.

Revitalise maritime trade ties and defence cooperation to gain


foothold in Indian ocean and East China sea.

Significance:
1.
Will help in securing SLOC of all the nations in both the South china
sea and the indian ocean.
2.
Will help in tackling threats like piracy, arms trade, drug trafficking,
natural disasters like tsunami. Annual exercises like JIMEX, Malabar with
japan has helped curbing such threats. (Japan will also be a part of
bilateral India-US annual naval exercisesthe Malabarslated to be
held over the next few months)
3.
Will help in tackling illegal migration through sea.
4.
Also will help in capacity building of all three navies through joint
naval exercises.
5.
Might help India in gaining membership of TPP.
6.
Will help india in securing india's nuclear interests since a
continuous association might help in gaining Japanese waiver for
signing NPT for nuclear reactors
Thus cooperation of these 3 nations is essential for them to ensure
healthy economic

growth and develop a regional dominance in the Indo-pacific region.


Critically analyse how India will be benefited by forming a joint
forum with Australia and Japan. Do you think formation of this
forum is necessitated by the threat of raising China? Critically
comment. (200 Words)
Closer security ties, joint naval exercise and military relationship are on
the top agenda on Japan-Australia-India joint forum.
1.
All this countries are heavily dependent on south china sea lanes for
their trade. so to secure their trade route these forum will take
necessary steps.
2.
Artificial island that china is creating in disputed marine areas in
south china sea will also be on top agenda.
3.
Huge quality of hydrocarbon reserve in south china sea has
generated anxiety in these nations.
4.
Joint military exercises and deeper security engagements will
amplify India's defence capabilities vis a vis China in IO region.
5.
All three nations can jointly help in capacity building and training of
defence forces of South East Asian nations. This will help them defy
any arm twisting measures by China in south China sea and facilitate
more Indian presence in trade and investments in the region.
6.
Cooperation in security issues like piracy, cyber security, counter
terrorism
7.
All the three countries support reforms in UNSC and support India's
membership in UNSC
8.
International cooperation at other forums like UN, ASEAN, APEC, G20
and EAS can also deepen.
Though India was initially reluctant to be part of any such forum as it was
against it Non Alignment movement. But India considered south china sea
water as international water and India supports freedom of navigation and
access to resources in south china sea in accordance with the principal of
international law UNCLOS.
India joined this forum to secure its international trade and energy routes
as these routes cannot be leaved on goodwill of Chinese navy. India also
does not want to lose its exploration of oil and gas in south china sea.
INDIA PAKISTAN
BALUCHISTAN ISSUE
Context:

Issue of Baluchistan was raised by our PM in his independence day


speech

Baloch Mobile App: All India Radio launched a multi-media and


mobile app for Balochi-speaking people in the Af-Pak region and other
parts of the world. Can be seen as Indias efforts to reach out to the
neighbourhood for a better people-to-people contact

Geography of Baluchistan:

Baluchistan is located in theSouth West of Pakistan and constitutes


half of the countrys territory.

Demographically though it constitutes a mere 3.6% of the total


population of Pakistan.

The province is home to over 13 million people, mostly Balochis.

Why Baluchistan is important for Pakistan?

It is half the size of Pakistan

It is rich in natural resources like gas, oil, copper etc.


How it became part of Pakistan?

Prior to independence from British rule, theprovince of Baluchistan


comprised of four princely states; Kalat, Lasbela, Kharan and Makran.
Three months before Partition, Mohammad Ali Jinnah mooted
anindependent state of Kalatwhich would consist of all four princely
states. Accordingly a communique, was released on August 11, 1947,
which gave an independent sovereign status to Kalat.

By October of 1947, however, Jinnah changed his mind regarding


the status of Kalat and voiced his demand for Kalat to formally join the
state of Pakistan. The Khan of Kalat refused to let go off his
independent sovereign status and a standstill pursued between two
leaders regarding the status of present day Baluchistan.

On March 26, 1948, thePakistan Army moved into Baluchistan


and captured Kalaton April 1, 1948.
What is the root causes of the conflict between Baluchistan and
Pakistan?

Unequal representation of Balochis in central politics of Pak

Interference of regional politics of Baluchistan by central


government and military

Ethnic differences

Underdevelopment of Baluchistan despite being resource rich

Atrocities conducted by military and central forces

Terrorist organisations and Islamic Extremism

Gwadar port issue : Baluchis were not consulted. They are mostly
side-lined in the development of surrounded areas also.

What is the significance of our PM's remark?

India, till now, followed policy of non-interference (Panchsheel)

Pakistan often accused India of supporting Baluch Terrorism

PM's remark taps on Pakistan internal insecurities

Baluchistan:Pakistan == Kashim: India. India is giving tit-for-tat to


Pakistan which shows India's increasing confidence in its foreign policy

Pakistan touted PM's remark as a proof of their earlier claims of


India supporting Baluch terrorism

Baluchistan leaders welcome these comment as it will bring the


issue to international attention.
CONFIDENCE BUILDING MEASURE

Newspaper on both sides of Kashmir to exchange news -- " to build a


permanent linkage and to understand each other's problems.

Involvement of Civil societies on both side. Literary festivals, youth


exchanges, women dialogue etc. --> Exchange for Change program, IndiaPakistan Regional Young Leaders forum
Trade expositions, cultural festivals, Track two dialogues etc.

GILGIT BALTISTAN

The Gilgit-Baltistan region is now an important piece in a larger


geopolitical puzzle. With a background note on the history of the
region,
elaborate
the
statement.
(200
Words)

The Gilgit Baltistan was a region of princely state of India ruled by


Maharaja Hari Singh. Before independence; a rebellion occurred and
rebels established an independent rule for a short time. After that;
keeping view of the Muslim predominance in the region; it has been
merged with Pakistan but still the region is neither recognized as a part of
Pakistan even by Pakistan supreme court nor it remains a part of India.
The region has not fully integrated with Pakistan; being governed through
special arrangements such as caretaker governments or special
secretaries; inhabitants are still not given true representation
Geo-political
1.

2.

3.
4.

5.

6.

importance:

The demarcated ceasefire line between India and Pakistan that is


Siachen is situated here. It has already led to many conflicts between
the two countries. Gilgit-Baltistan bears strategic importance from the
security and defense point of view. Also, control of Siachen glacier
provides significant upper hand to Indian Army in the Kashmir region.
Wakhan corridor of Afghanistan connecting Afghanistan to India is
situated in Gilgit. In view of geopolitical importance of Afghanistan
specially regarding recent changes of political scenario and withdrawal
of American soldiers ; this connecting link is vital.
Karakoram pass linking Pakistan to china is situated in Gilgit.
China has active presence here through investments in various
projects. Shares borders with China: under Chinese proposal of "CPEC";
the region will attract massive Chinese investment to boost regional &
Pakistani economy; enhances Sino-Pak ties; region is essential to
Chinese strategic vision.
This region has been used by various successive governments as a
ground to itch communal conflict between Shia and Sunni for political
purpose. Gilgit-Baltistan is Shia dominated region. It has been at
receiving ends from Sunni terror groups; influx of Sunni from rest of
Pakistan has led to ethnic conflicts.
Highly militarized. India China and Pakistan maintain heavy military
presence around the region. Besides the LoC Indian troops occupy the
Siachen Glacier while Chinese troops are also present on the
Karakoram
pass.

Therefore, any flare-up or escalation around this region could become the
focal
point
of
a
larger
conflict.
Chinese inroads into the region should be cause of worry for India; as it
will undermine India's regional interests and surround India along Land
borders.
INDIA PAK US RUSSIA

Pakistan-US

Pak-US joint statement against Indian interests:


o
Hydroelectric projects: 4,500 mw Diamer-Bhasha project in
Pok

Talks with Taliban: Even after failure of talks once, US once


more depending on Pakistan to mediate talks and next round in
Pakistan
o
India-Pak talks: US suggested India to resume talks. Mentioned
"violence along the LoC" "mutual concerns of terrorism" which goes
against India and supports Pakistan stand
o
Action against LeT: No mention of Pakistan inaction against
Lakhvi inspite of breaching FATF and Security council requirement
violations.
US giving pak F-16 : strategic weapons can destabilise region - Pak
already acquired tactical and miniaturised battlefield nuclear weapons.
o

Pakistan-Russia
First Pakistan-Russia military exercise Druzhba-2016 (Friendship-2016).
With this, Pakistani Army and Russian Ground Forces (RGF) have come
together for the first time in military exercises reflecting growing military
ties between two former Cold War rivals
INDUS WATER TREATY

Pakistan-US

Pak-US joint statement against Indian interests:


o
Hydroelectric projects: 4,500 mw Diamer-Bhasha project in
Pok
o
Talks with Taliban: Even after failure of talks once, US once
more depending on Pakistan to mediate talks and next round in
Pakistan
o
India-Pak talks: US suggested India to resume talks. Mentioned
"violence along the LoC" "mutual concerns of terrorism" which goes
against India and supports Pakistan stand
o
Action against LeT: No mention of Pakistan inaction against
Lakhvi inspite of breaching FATF and Security council requirement
violations.

US giving pak F-16 : strategic weapons can destabilise region - Pak


already acquired tactical and miniaturised battlefield nuclear weapons.

Pakistan-Russia
First Pakistan-Russia military exercise Druzhba-2016 (Friendship-2016).
With this, Pakistani Army and Russian Ground Forces (RGF) have come
together for the first time in military exercises reflecting growing military
ties between two former Cold War rivals

KASHMIR DISPUTE

Many advocate that a solution to the Kashmir dispute would


necessarily have to include Pakistan. Do you agree with this
view? Substantiate. (200 Words)
The dispute can be addressed from two sides and we need to analyse
which pays off better in order to determine whether Pakistan is in the
equation
or
not
1.

2.

With Pakistan: The Kashmir dispute is escalated by political


instability in Pakistan. Needless to say that Pakistani foreign affairs is
managed by its army rather than the government. The dispute over
Kashmir is engraved in the hearts of its military because of the
crushing defeat it has faced each time it tried to counter India. it is
very much unlikely that they forget their defeats and join hands with
India. As our PM had said, Talks are of no use when there is bombs and
guns
are
exploding
in
the
border.
Addressing the people of Kashmir

a.

Kashmir dispute is mired by separatist groups functioning


there who claim independence for Kashmir
b.
Not all people in Kashmir are satisfied with the development
that Kashmir has seen. they are also highly affected by the misfiring
that happen time to time and are not happy with the huge military
presence in the valley.
c.
When these issues are resolved their confidence on the Indian
government would be undoubted and the Hurriyat would face its
end
due
to
lack
of
support.
The recent turnover in the election is heartening and we are on the way to
achieve the
what is intended.
When there are no separatist tendencies within the valley then there is no
question of
Pakistan coming into the equation of Kashmir. India is a Sovereign nation
right from its
independence and as the Supreme Book of India states, so shall we
follow.

NUCLEAR

Reports of US-Pakistan deal in media

India should offer conditional support to a civilian nuclear deal between


U.S and Pakistan while insisting that Islamabad signs the "No-first-usetreaty" and clamp down on home-grown terror. It is in India's interest to
ensure that Pakistan's nukes are under international supervision.

China's consent necessary for admitting new states in NSG. It supports


Pakistan's entry into NSG.

PEACE PROPOSAL

Mr. Sharif had told the UNGA that Pakistan had tried to reach out to India,
and proposed:

Formalising the ceasefire,

Demilitarising Kashmir
Demilitarising Siachen Glacier, and
Agreeing to end the use of force

India responded: Instead of four proposals, we need only one point: that
Pakistan end support to terror groups,
The emphasis on Pakistan-occupied Kashmir marks a new move by India,
to move the debate over the Kashmir dispute to discuss PoK rather than
the Kashmir Valley.

RSTV BIG PICTURE : INDO PAK TENSIONS : IS IT AFFECTING ECONOMY?

The tensions between India and Pakistan which has led to cross border
attacks and raids by India and also the continued infiltration and attack on
army base in Kashmir has caused a lot of concern. While the tensions
continue, the question is how it is affecting the economy both in short
term and long term. The Finance Minister has asserted that the impact is
marginal. However, the stock markets have been reacting negatively.
Business analysts feel that the international outlook towards this tension
is cautious and a wait and watch approach is being adopted.
Impact on Economy:
1.
Indian economy is very large therefore, in some sense it is able to
absorb any direct impact of disruptions in bilateral trade from Pakistan
which in any case is rather marginal and small in magnitude. The major
impact is on investment climate in India as thesetensions are being
perceived as causing instability in the South Asia region and therefore,
investors are bound to take a wait and watch approachtowards
bringing in further investment to the country.
2.
FDI, Indias trade with Central Asia, regional cooperation and
tradewill get affected as evident from cancellation of SAARC Summit.
MFN status to Pakistan has collapsed now. One year ago, there were
talks of SAARC currency. India might be forced to look for other options
of trade in the region. It should try to come closer to the ASEAN.
3.
Same thing might hold true for domestic investors as well because
no one wants to invest in a situation where political risk in heightened
as it easily translates into commercial risk. However, there is also a
positive sentiment that the government is strong and decisive enough.
4.
There is a need to keep in mind the diversity between Indian
economy and the Pakistani economy. Pakistans economy is smaller,
not so diverse and mainly agrarian and hence depends upon a lot of
water which flows down the Indus, Chenab and Jhelum on which it has
full rights. If tensions continue to build, impact on Pakistan would be
more as compared to India.

5.

There would be a certainimpact on government expendituresof


both the countries in case of a war. India is passing through a stage
where private investment is lagging behind and this is considerably
important for keeping our rate of growth, investment ratio on track.
Continued tensions and low intensity warfare may also increase the
inflationary impact on the country. Rolling out of GST in the coming
days will only add to inflation. There would be an impact on the
government finances taking into account the fact that a government
which is keen on increasing public investments; suddenly there might
be a tremendous pressure from Defence Ministry to increase its budget.
This affects capital expenditure which is a long drawn out process.
6.
This is an opportunity lost by both the countries to have bilateral
trade which could have boosted both the economies, direct route to
Afghanistan, in terms of power supply to Pakistan although not much
has been done in this regard etc.
7.
Bollywood is something which is not much talked about. But in this
scenario as atertiary impact, it would lose an indirect market in
Pakistan. Though India does not gain direct benefit from it but through
Dubai or other centres, lot of money is generated and Indias soft
power is also extended.
8.
There are three types of trade between India and Pakistan i.e. the
normal export and import and trade through Dubai which will be
affected as well. There is also a barter trade taking place at the border
which is probably not accounted. These goods impact the economy of
the border states.
9.
On a positive side, if there is an increase in expenditure which
improves the capacity utilization in our ordinance factories, it might
help the economy. It would be a good opportunity for more foreign
investment on the defence side. It would help government to move
faster in this area keeping aside the political cobwebs.
10. Over the years, Pakistan has tried to integrate its economy more
and more with the Central Asian countries. Therefore, the benefits it is
getting from these countries might not get affected significantly but
the trade with SAARC countries might prove to be a setback for them.
Their fiscal position is not that strong and robust so there will bemore
crowding out effect for public investment in Pakistan compared to
India.
11. CPEC is independent of what is happening now. It can be expected
that if Pakistan faces some difficulty,China would certainly flex its
muscles in different areas to create some difficulties for Indiawhich
would be a diplomatic challenge to be countered effectively. If there is
a naval blockade or tension in Balochistan, it will be against Chinese
interests.
12. Immediate concern for India is TAPI pipeline. After considerable
many years, there was progress on it. Pakistans response has been
lukewarm in this regard. Indias demand for hydrocarbons particularly
gas is growing considerably because of substitution of coal with other
resources, use of clean energy resources. Though India can get gas

from Qatar and other countries but TAPI pipeline linked it with Central
Asian countries directly.
13. There might be much moreheightened threats of terrorismin
different parts of India beyond the border states. The security agencies
will have to bolster their anti-terrorist intelligence.
The sustained hostilities are detrimental for both the nations. In the short
run the impact would be marginal but if this thing continues and escalate,
there would be lot of concerns in rest of the world and international
organizations that the situation does not go out of hand and is contained.
TERRORISM

No consensus on definition of Terrorism in World:

Organisation of Islamic cooperation wants acts by national liberation


movements to be excluded from definition due to Israel-Palestine
conflict

Latin American Countries want to cover "state terrorism"

Western countries including USA want to exclude acts committed by


military forces of states during peacetime.
Hence, need of a UN Comprehensive Convention Against International
Terrorism
Looking at Pakistans continued tacit or overt support to
terrorists campaigning against India, do you think India should
start pursuing coercive diplomacy with Pakistan? Critically
comment.
(200
Words)

While looking at the recent actions of the Pakistani judiciary and the
govt., it can be said that they are not taking the issue of counter
terrorism seriously.
The release of a terrorist, apart from the various facilities given to
him in jail, shows that the Pak govt. is still not able to go against the
wish of the military. This calls for new measures to be taken by India, to
make Pakistan realise, the gravity of the situation.
Some methods which the Indian govt. can use are:
1.
Usage of a software called STONE, which uses open source
data to identify successors of captured terrorist leaders, as well as
to predict how the terrorist network will reshape afterwards. This
can help in shaping our own strategy afterwards.
2.
Denial of visas to relatives of ISI officials, who have been
suspected to be involved in terrorist activities.
3.
Financial sanctions in trade can also be a strong message to
the Pakistani govt., to rethink their strategy on terrorism. Also, India
can advise other nations too, to impose some sanctions on Pak, until
concrete proof of their fight against terrorism is seen

But this kind of behaviour may be exactly what the terrorist


organisations want, i.e. to isolate the Pak govt. from the world major
powers, and make it weaker. Such sanctions may not lay an effect on
the financial starvation of terrorist organisation, as they already have a
nexus with the drug lords, for finance. Also, this may make the
insurgent organisations stronger, as the govt. will have lesser power
and outer help, to counter their activities.
So, in the present scenario, the only way out is to continue peace
talks, and devise a new method to counter terrorist activities on a
world scale. Because, if the countries blame each other for acts
committed by terrorists, its only the terrorists who win.

INDIA QATAR

Qatar holds important place in India foreign policy, because of its


location in middle east, huge natural gas reserves and large sovereign
fund
Also important for India due to expats living there and remittance
they send us back
Seven new agreements signed. Important are:
o
MoU for investment in NIIF
o
MoU for cooperation in Tourism
o
Cooperation and mutual assistance in customs
o
MoU on skill development and recognition of qualifications
o
Agreement to fight global terrorism by sharing terrorist and
financial information

Analysis if recent Agreements:

Investment sector : India has invited Qatar to participate in PSU


disinvestments, invest in the NIIF ( national infrastructure and
investment fund ), and bid for hydrocarbon blocks under HELP policy.
This will meet the India's investment requirements for infrastructure
especially when banking sector is under severe stress and corporate
sector is burdened with stalled projects.

Energy sector : joint exploration of energy reserves and


development of existing reserves by Indian companies in Qatar. It will
provide opportunities for investment to Indian companies, also will
secure India's energy demands by buying stakes in the oil and natural
gas fields.

Elimination of terrorism : agreement on sharing of information on


transactions to prevent money laundering , affirmed commitment to

eliminate terrorism. This will check the financing of terrorism, flow of


black money from India, and also Qatar commitment will help in
handling ISIS, securing stability in the Middle east. This will ensure
safety of India's diaspora and uninterrupted supply of energies.
Other agreement were made for promotion of bilateral trade,
financial services such as banking and insurance etc.

INDIA RUSSIA

New Developments:

Russia promoting state-to-state level contact beyond defence and


strategic relations between Moscow and Delhi

Russia will help India in setting up 25 integrated infrastructure Agro


irradiation centre

Roseneft led consortium buys India's Essar oil; Biggest foreign


investment by Russia

Russia's increasing closeness with Pakistan; Joint military exercise


Existing Collaborations:

Pakistan-Russia gas pipeline.

Fifth Generation fighter jet

S400 missile system

Naval coproduction

Helicopter
Agreements signed in India-Russia annual summit:

Agreement on cooperation in International Information Security.

MoU for expansion of bilateral trade and economic cooperation.

Shareholder agreement for establishing a Joint Venture to


manufacture Ka-226T helicopter in India.

MoU for developing smart cities in Andhra Pradesh and Haryana and
for developing transport logistics systems for such cities.

MoU between Gazprom and Engineers India Limited (EIL) for the
joint study of a gas pipeline to India from Russia and other areas of
cooperation.

Cooperation Agreement between Rosneft Oil Company and ONGC


Videsh Limited (OVL) in the area of Education and Training.

MoU for setting up an investment fund of $1 billion by the National


Investment and Infrastructure Fund (NIIF) and the Russian Direct
Investment Fund (RDIF).

MoU for Cooperation between Russian and Indian Railways in


increasing the speed of trains between Nagpur- Hyderabad/
Secundrabad.
MoU between ROSCOSMOS and ISRO on Mutual Allocation of Ground
Measurement Gathering Stations for NAvIC and GLONASS.
Inter-governmental agreements (IGAs) for the procurement of S-400
Air Defence System and construction of 1135.6 series of frigates.
MoU between Indias Department of Science and Technology and
Russias Federal Agency for Scientific Organisations

Analysis if Indo-Russian relation in recent past:


India's latest cooperation with Russia was a bit uneven due
to delay and steep rise in price of Admiral Gorshkov, and due to problems
with Russian spare parts. But now, the Russian military-industrial complex
is in a better shape and can work with India effectively
Russia has shared sensitive technology for India's nuclear submarine
Arihant and deserve the title for "tested and tried partner"
Russia-Pak partnership is not going to hold for long, because:

Kunduz attack is a lesson for regional powers that Taliban cannot be


trusted

Fear of spilling over Islamic militancy in Central Asia neighbouring


Afghanistan.
It is argued that the symbolism of the Annual IndiaRussia
Summit and its vision statement are significant in the relations
between India and Russia. Critically analyse why. (200 Words)
This meeting has to be seen in the backdrops of below events
1.
This summit held, at a situation when the hawkish approach was
adopted by Russia to annex Crimea from Ukraine. U.S along with its ally
has imposed sanction on Russia.
2.
India's increasing proximity with US. In recent years, India has
replaced Russia with US, Israel and even France(Rafael Deal) for
majority of its defense procurement.
3.
Russia decision of lifting the embargo of defense equipment sell to
Pakistan
The 15th Annual India Russia Vision statement are significant in the
relations between India and Russia because of the following issues:
Positives
1.
Increase trade: The bilateral trade between the countries is far
below its potential of about 11 billion dollars which the agreement
propose to increase by 30 billion dollars by 2025. e.g. bilateral trade in
diamond, supply of crude oil from Russia and agricultural products,
engineering goods organic fertilizers etc. from India.

2.
3.

4.
5.
6.

Military and technical cooperation: Proposal to train Indian soldiers


under the Russian Ministry of Defence.
Boost integration: With the development of the North South
corridor ,it could encourage the integration of Northern Eurasia,
Caucasus, West Asia ,Central and South Asia which would in turn will
give a stronghold for permanent membership in the SCO.
Nuclear Cooperation: Proposal to set up about 25 nuclear power
plants and construction of third and fourth units of Kundankulam
power project.
Research: In healthcare Cooperation between ICMR and Russian
Foundation for basic research and space research, telecommunication
satellites.
Opening up of cultural forum in each other countries to increase P2P
interaction.

In reality the relation between these two nation is on a crucial junction.


Both country, especially India with its growing proximity with US, should
deal this very carefully.
INDIA SAUDI ARABIA

Facts and context:

Principle supplier of Crude oil to India meeting nearly 20% of India's


need thus central to India's energy security

India's fourth largest trade partner

2.9 million Indians in Saudi Arabia - engaged in entire spectrum of


economy

Historical context: History of trade and rise of Arabs due to trade


intermediaries between India and Europe.

Islamic connection and Haj subsidy.

Nitaqat issue: replacement of foreign workers with Saudi nationals in


theprivate sector
PM visit to Saudi Arabia Outcomes:

increased cooperation in counter-terrorism, intelligence sharing and


regional security will enhance our presence and credibility in the
region.

connecting with the 7 million strong Indian diaspora in the region


which provides for the largest remittances from abroad

Joint communique on state sponsored terrorism with an oblique


reference toPakistan in a time when Saudi-Pak ties are in strain. This
increased co-op may help us better negotiate with Pakistan. A sense of
opportunity built into our current engagement like Saudi is distancing
away from Pakistan due to latter's refusal in Yemen airstrike

Concerns:

We need to do a fine balancing act in our relationship of Saudi


Arabia and Iran both of which are major oil and energy rich regions
important for our energy security.

Also at a time when Saudi Arabia is itself funding Wahhabi groups,


fuelling Shia-Sunni conflict, funding war on Yemen the claim against
state sponsored terrorism seems hollow.

Greater alignment with US-SAUDI ARABIA-ISRAEL entente may


antagonise RUSSIA-IRAN-PALESTINE who have been traditional
supporters of our strong democratic, civilizational and moral values.
Opportunities:

Sovereign wealth can boost investment

PM Modi being awarded the highest civilian award of Saudi refers to


renewed recognition of a resurgent and shifting India in Saudi's eyes

India is pursuing Project Mausam for closer civilizational ties and


India, with a strong navy, will be key regional security provider.
Indian immigrants issue
The Saudi government was forced to cut its spending last year on the
back of plummeting oil prices. As a result, it created pressure on the
financials of local construction companies. Such firms employ foreign
workers and rely on state contracts. The resultant strain on the firms led
to nearly 10,000 workers being laid off, and left them with no money to
even eat food. More than 2,500 Indians are said to be living in labour
camps with no food

INDIA SAUDI IRAN

06/04/2016
India needs a balanced West Asia policy. By skewing it towards
the Saudis in pursuit of short-term goals, New Delhi runs the risk
of antagonising Tehran. Comment. (200 Words)
India's Foreign policy towards West Asia is said to be tilting towards Saudi
Arabia on following grounds :
1.
During Sanction : Despite Iran's potential & India's desperate
demand, India choose to cut down its energy cooperation with Iran
during sanctions.
2.
After Sanctions : India showed lack of interest in rebooting ties with
Iran after sanction withdrawal which is reflected in China & not India
being the first nation to visit post sanction Iran.
3.
Multipronged ties with Gulf : First UAE & now Saudi Arabia, India has
widen its relationship with these gulf nations.

Skewed Policy towards Saudi Arabia may result in short-term gains for
India :
1.
Strategic : Strained Pak-Saudi relations & increasing Indo-Saudi
Cooperation may result in Saudi Arabia to favour India as against
Pakistan on International forums.
2.
Energy Security : Saudi Arabia being the largest crude oil supplier to
India, its importance in India's energy security is paramount.
3.
Remittances : Saudi Arabia being the largest supplier of remittances
to India, Stability in the West Asia & Particularly Saudi Arabia is vital.
4.
Energy Market : In view of shale gas revolution in US, economic
slowdown in China & Sanction free Iran - India would be the favourable
market for the Saudi Arabia.
However, this skewed policy can damage Indian interest in long term :
1.
Strategic : Despite recent Strain in Pak-Saudi relations, we should
not forget Pakistan is a historically of Saudi & Pak factor will remain
more leverage than India for Saudi Arabia.
2.
Regional Stability : Recent aggressive policies of Saudi Arabia are
destabilising the West Asia which is against the Indian interest. Ex :
support for rebels in Syria leading to rise of ISIS.
3.
Energy : India's huge upcoming demand as predicted by IEA
requires diversification of partners as much as possible, depending on
few major countries can be proved disastrous .
4.
Soft power : := Deepening engagement too much with Saudi Arabia
may indicate giving legitimacy to Dictatorial government which may
reduce our soft power at international forum.
India needs a tri-directional foreign policy which can accommodate all 3
regional powers - Israel, Saudi Arabia & Iran.

INDIA SEYCHELLES

Seychelles is strategically located in Indian Ocean


Defence cooperation has been the cornerstone of the relationship
with cultural, trade and technical cooperation as other important areas
India helps Seychelles to patrol the Indian ocean.
PM visit to island nation have provided required energy to bilateral
relations
In the recent past there has been an increased vigour with which the
relationship is viewed. A part of it could be credited to the ensuring the
energy and security needs of the country and of which the Indian
ocean region is an integral part. A large part of sea borne trade and
commerce is carried through it. Hence, to ensure the security,

Seychelles provides base for Indian Naval ships to fight off pirates
especially those of Somalia.
Seychelles economy is heavily dependent on tourism industry and
substantial amount of Indian tourists visit this country every year,
Recently, China has announced that it will build its first African naval
base in Djibouti.
In response to this, India has partnered with Seychelles to develop a
naval base on the Assumption Island.
An improved and closer relationship with Seychelles also ensure that
Chinese policy of encirclement is countered
Seychelles has cleared that it should not be called an Indian naval
base, rather it is a Seychelles naval base built with support from India.
The mutual interest of both the countries lies in ensuring safety and
security in the Indian Ocean.
Though Bilateral trade isn't strong but still Seychelles can provide
access to its EEZ. A stronger relationship will also ensure that India can
setup its scientific base and can carry research on weather related
phenomena , especially Monsoon

INDIA SINGAPORE

50 year of diplomatic relations


Lots of Singapore citizens have their roots in South India
Many Indian start-ups are migrating to Singapore due to ease of
doing business and low compliance cost.
Increasing FDI inflow from Singapore to India
Both countries significantly scaled up their military to military
engagement with bilateral visits and joint exercises. (Defence Minister
in Shangri-La Dialogue)
MoUs:
o
MoU signed in the field of Industrial Property Cooperation. It
will enhance bilateral cooperation activities in the arena of Industrial
Property Rights of Patents, Trademarks and Industrial Designs
o
MoU on collaboration in the field of Technical and Vocational
Education and Training
India and Singapore decided to strengthen cooperation in
countering threats of rising terrorism.

INDIA SOUTHAFRICA

South Africa is important because:


Developed nations in Africa
Can be called as gateway to Africa as it has clout over African
politics
o
Resource rich
o
Indian diaspora present there
o
Partner in IBSA and BRICS
o
Democratic nation and historical ties with India
South Africa is a major player in defence production globally. So,
India can be an attractive destination for it for manufacturing of
defence equipment and platforms.
There is potential for India to ramp up cooperation in South Africa in
trade and investment, especially in areas of minerals and mining,
chemicals and pharmaceuticals, manufacturing and information
technology
MoU signed for cooperation in the field of Tourism. South Africa is an
emerging tourism source markets for India.
MoU between India and South Africa for promoting bilateral
cooperation in the field of Information and Communication
Technologies (ICT)
o
o

INDIA SOUTH ASIA

Evidence that importance of South Asia is growing:

Presence of Bangladesh and Sri Lanka at the G-7 summit at IseShima, Japan

China aggressive presence in Pakistan, Bangladesh, SL, Nepal and


Maldives in recent times

CPEC

"Dialogue Partner" status to Nepal and Sri Lanka in SCO

Bangladesh: One of the fastest growing economy. Attracting huge


investment

Emergence of SL as a central location in Indian Ocean and


consequent attention of US, China and Japan towards it
Concern for India:

India gives more focus to Af-Pak ignoring other nations

Historic leverage in its neighbours is quickly weakening

India must learn to collaborate with neighbours rather than being a


"lone ranger" in the region

INDIA SOUTH KOREA

Facts:

India and South Korea have signeda memorandum of understanding


(MoU) for cooperation and mutual assistance in development of ports

India and South Korea has launched a platform Korea Plus to


promote and facilitate Korean Investments in India

The key component of India-South Korea strategic partnership


continues to be a robust economic engagement. Critically analyse
what India needs to do to deepen this relationship and how will it
benefit from deeper partnership with South Korea. (200 Words)
With India looking forward to strengthen its position in Asia and counter
the rise of china, South Korea is a lucrative partner. Along with
the common ideologies of democracy, both the countries have had many
things in common including a common historical trajectories, colonial
experiences, bloodshed
of
partition
and
hostility
in
the
neighbourhood. This gives both the countries a chance to benefit from a
strong relationship.
India needs to push this relationship forward, which can be done through:
1.
Skill development: to benefit from the demographic dividend, India
needs to learn from RoK experiences
2.
Increase economic growth by increasing entrepreneurship and joint
ventures with south korean industries like Samsung, Hyundai etc.
3.
Ship building: South Korea has world class technology, but India has
obsolescent equipment and management. India would need to make
special arrangements right from assigning a port completely to Korean
companies. Also, their state-of-the-technology while building ships and
ancillary products need to be tapped
4.
Nuclear co-operation : technology and investment would come at a
lower cost from south korea
5.
Tourism: can be built up due to common cultural ties. facility of 'evisa' and 'visa on arrival', tourism from both sides will increase.
6.
It will benefit india's film producing industry by providing a joint
venture with south Korean films and will also boost cultural ties.
Certain issues:
1.
The present CEPA has not generated any extra exports from India,
and the bilateral trade gap is widening against India. Renewed
partnership in the CEPA agreement signed in 2009 is needed to
rejuvenate renewed energy in order to utilise Korean expertise of
Technical sector and consumer goods. But Indian interest needs to be
protected by confidence building measures so as to increase scope of
IT services in Korea, also measures are needed to increase import
of generic industry and agriculture products in the Korean market
2.
Approvals for import of Indian generic drugs and agricultural
products into SK is not easy.

3.
4.

Land acquisition problems in india eg POSCO steel plant in odisha


SK are usually sceptical in sharing technology and knowledge and
hence they may demand special treatment not entering in to any JVs

Write a note on the importance of culture in the relationship


between India and Korea. (200 Words)
Cultural thread between India and South Korea dates goes back from the
ancient
times when a young princess from Ayodhya married King Kim soro of
Korea.
The various cultural facets which have given impetus to the relations are:
1.
Buddhism: originated in India, 2nd most popular religion in Korea.
Tourism potential - India's Buddhist circuit, HRIDAY partnership; evisas granted to Koreans. Diplomacy Modi planted sapling of Bodhi
tree
2.
Yoga and Ayurveda: Korea voted in UNGA for international Yoga day,
has an ageing population Yoga for fitness and wellbeing of body and
mind, Ayurveda has export potential.
3.
Bollywood: Korea as a market. Korea as a destination (Gangster film
shot there). Korea as source of inspiration (Korean films officially
adapted to Hindi like Man from Nowhere). Korea as a source of
investment - Korean production houses operating in India
4.
Hallyu, particularly K-Pop (Korean music). Ambitious industry,
extremely popular in China, Japan and SE Asia. India huge market,
relatively untapped. Slightly popular in NE (but because insurgents
banned Bollywood and no other option)
5.
Common cultural ethos. Society that values education, community
and respect for elders. Help in skill development and education
strategy, where Korea is a pioneer having emerged from sub-Saharan
levels of poverty to OECD status
6.
Cuisines of both the countries have gained familiarity and play a
binding factor.
7.
The Korean-Indian cultural Philip is also provided by the Korean
giants Samsung and LG which makes our Diwali (Dhanteras)even more
special.
8.
Cultural diplomacy be amplify our efforts to boost our bilateral
relations and aid in the economic prosperity and cultural wellbeing.

INDIA SRILANKA

Facts:

India will invest $2 billion in Sri Lanka in the next three-four years

ColomboPort City Project:


China and Sri Lanka have decided to develop into a financial
hub
o
Concern for India from strategic point of view.
o
However SL rejected the contention that like Gwadar in
Pakistan, the Chinese will manage the operations of the
Hambantota port.
Importance of India-SL cultural ties underscored when Modi and SL
President declared "Simhastha Declaration"
o
Simhastha Declaration has 51 sacred points for betterment of
mankind that will start new discourse not only in India but around
the world.
o
It is also a prescription on how a duty-centred system that had
been the origin of Indian philosophy of life is relevant in todays
India
India and Sri Lanka have a Free Trade Agreement since 1998.
ETCA : The Indo-Lanka Economic and Technology Cooperation
Agreement better known as ETCA (formerly CEPA) is a trade
agreement. The ETCA agreement seeks to boost cooperation in
technical areas, scientific expertise and research amongst institutions,
boost standards of goods and services able to compete on the global
market and improve opportunities for manpower training and human
resource development
The bilateral trade between India and Sri Lanka in 2015 was 4.6
billion dollars, of which Indian exports were valued at about 4 billion
dollars and Sri Lankan exports 645 million dollars.
o

Analyse why having good relations with Sri Lanka is important


for
India from security point of view. In this regard, examine what
efforts
have been made by India to forge strong relationship with Sri
Lanka
in recent months. (200 Words)
India shares not only great civilizational linkage driven by Buddhism but
also strategic partnership on diverse spheres of cooperation.
Fostering harmonious relation with island nation are crucial for protecting
our strategic interests in Indian ocean region.. At times when Chinese
expansionist policy is being manifested through naval bases in Maldives
and other nations, countering security challenges driven by 'String of
pearls' of China is imperative for securing our security and commercial
interests. In order to prudently scrutinize negative intentions of 'Maritime
silk road ' project of china, constructive ties with Sri Lanka is needed. In
keeping line with such objectives, India is geared to strengthen trilateral
defense linkages involving Maldives and Sri Lanka. we have reached to
successful realization of civilian nuclear cooperation and signed MOU for

cooperation in Nalanda university as well agricultural cooperation. The


much awaited NTPC power generating projects in Sri Lanka is expected to
achieve concrete realization. Besides, it is expected that through
constructive talks with present pro-Indian and pro- minority government in
Sri Lanka, we can evolve realization of 13th amendment for democratic
stability and demilitarization in northern province of island nation.
Thus, considerable efforts are being made towards strengthening bilateral
engagement in diverse sphere. India should realize the potential offered
through 'pro-Indian' approach of current government in trade facilitation,
tourism and people to people interaction

Critically analyse the contentious issues between India and Sri


Lanka relations. Also comment on the manner by which both the
countries have tried to address these issues. (200 Words)
Despite geographic proximity, strong past cultural and civilizational
linkages, some contentious issues have prevented the realization of full
potential
of
India-Sri
Lanka
ties.
1.

2.
3.
4.
5.

Issues of Tamils in Sri Lankas northern province- even five year


after the end of bloody civil war, Sri Lankan government has been
dragging its feet on 13th amendment based on 4 Ds- development,
democracy, devolution of power and demilitarization.
Fishing right issue- Indian fishermen fishing in Sri Lankan water with
hazardous equipment claiming traditional rights over the Palk Bay
area.
Growing Chinese influence- Chinese help in infrastructure building
and allowing Chinese submarines to dock in Colombo has raised
security concern in India.
Dispute over Katchathivu island
Trade issues- the signed FTA is complained to be heavily in favor of
india.

MANNER

of

solving

the

issue:

1.

Tamil issues are being addressed bases on 13th amendment. India is


pushing for power devolution with financial assistance for
reconstruction to make condition suitable for refugees to return.
2.
Fishermen issue has been recognized as a livelihood and
humanitarian issues avoiding any rigid stand spurring out of jingoism.
Fishermen bodies on both sides have resumed negotiation.
3.
Some gesture of new dispensation in Colombo has relieved New
Delhi
of
insecurity
due
to
Chinese.
Bonhomie, dialogue and building stake are the way forward to resolve
issues and

strengthen ties benefitting both sides. In this light Indias position of


abstain from voting during UNHRC resolution is welcome one.

ECONOMIC AND TECHNOLOGICAL CORPORATION AGREEMENT

ETCA agreement seeks to boost cooperation in scientific expertise,


technical areas and research amongst institutions between India and
Sri Lanka.

It also seeks to boost standards of goods and services to compete


on global market and improve opportunities for manpower training and
human resource development.

The ETCA initiative follows unfruitful negotiations on a


Comprehensive Economic Partnership Agreement (CEPA) between two
countries.

Objectives of ETCA:
i.
Strengthen and advance the economic, trade, investment and
technology cooperation.
ii.
Promote further liberalization of trade in goods, trade in
services and gradually establish transparent, fair and facilitative
trading, investment and investment protection mechanisms
iii.
Establish a cooperation mechanism and expand areas of
economic cooperation.

ELECTIONS IN SRILANKA

The recently concluded Sri-Lankan elections have opened new


doors for transition peacefully from what was becoming a military
state into the democratic norms of a civilised nation. How will it
impact the interests of India and the mutual relations between
the two nations? (200 Words)
Bilateral relations between the Democratic Socialist Republic of Sri Lanka
and the Republic of India have been generally friendly, but were
controversially affected by the Sri Lankan civil war and by the failure of
Indian
intervention
during
the
war.
India and Sri Lanka are member nations of several regional and
multilateral organisations e.g. SAARC, South Asia Co-operative
Environment Programme, South Asian Economic Union and BIMSTEC,
working to enhance cultural and commercial ties. Rajapaksa had allowed
China to enlarge its strategic footprints in Sri Lanka like never before like
docking of Chinese nuclear submarines and warships docking in Sri

Lankan

ports.

The new President wishes to implement 13th Amendment quickly. He has


chosen India to be the first foreign visit destination provide more positive
outlook
towards
India
than
his
predecessor.
India's National Thermal Power Corp (NTPC) is also scheduled to build a
500 MW thermal power plant in Sampoor (Sampur). The NTPC claims that
this plan will take the Indo-Sri Lankan relationship to new level.
Both countries agreed to re-engage on the issue of repatriation of
refugees currently in India back to Sri Lanka in last week is vital.
India wants peace and tranquility to prevail in the island nation. The
Tamils had been
feeling suffocated, as Rajapaksa failed to honour his promise to bring
them back to the
national mainstream. India may not have deep pockets like China but it
can make up for
it by its abiding concern for the well-being of the Sri Lankan people.
Assess how recent political developments in Sri Lanka can
affect its economic cooperation with India. Do you think these
developments are favourable to India? Explain why. (200 Words)
Sri Lanka is not only our closest nation separated by ocean but also share
largest Indian Population of Tamil citizen, hence having cooperative
relations is imminent. Recently, Maitripala Sirisena who was ex-party
member of Mahinda Rajpaksha who got separated from party and formed
party on secular, pro-minority and pro-India lines won election and
became
President
of
island
nation.
Indias economic cooperation with Sri Lanka will now improve definitely
because
of
following
reasons:
1.

India has NTPC coal based Thermal power plant project (2000
Crore), Underwater and overwater power transmission project (1000
MW, 3000 Crore) pending in Sri Lanka since 2005 is expected to get
necessary
push.

2.

Sirisenas view of pro-India is win-win for India as it will strengthen


Indias Look East Policy on the other hand it will lower the Chinas
Expansionism threat in Indian Ocean. Sirisena said, that he will not take
any step against Indias territorial security. It is friendly gesture toward
Indias diplomacy. It will save defense expenditure and arm race in
Indian
Ocean.

3.

Now, India can push Sri Lanka for fair investigation on ethnic
atrocities committed toward Tamilian people, which was stalled for long
time. Also International (UNHRC) can pass more clear resolution and no

threat for sanctions on Sri Lanka will be there. This will again win-win
for
India
as
well
as
Sri
Lanka.
4.

India can broker now for fishermen releases and also come up with
strict guideline on cooperative fishing on disputed water of
Kachatheevu island. Rise in Sri Lanka trade (45% of SL trade is with
India).
Tourism
boost.

5.

Good gesture toward India from Sri Lanka will also motivate
Maldives to cooperate with India and not submit to Chinas demand of
airbase
construction.

Hence, New political party accession to power is beneficial for India and
India must look Sirisenas visit to Delhi as an major opportunity to even
out past differences and come up with comprehensive development plan.
FISHERMEN ISSUE

What is the issue?


The fishermen issue continues to be a major irritant in the India-Lanka
ties. This issue has a socio-economic dimensions, livelihood and
humanitarian dimension and wants a long term solution to the problem.
Sri Lankas Position: It accuses Indian fishermen of straying into its
territorial waters. It wants Indian fishermen to immediately end bottom
trawlin