The Hindu Editorial Analysis- 11th August, 2021 - UPSC PDF Download

1. Choppy Waters: On Global Maritime Security 

GS 2- IR

Context

• Prime Minister Narendra Modi, the first Indian prime minister to address the UN Security Council on a debate on maritime security, may have hoped to keep the discussion focused on strengthening maritime ties and developing maritime infrastructure through regional cooperation initiatives.
• Yet, once again, the conversation veered toward major countries trading barbs over the sphere's ongoing strategic dissonance.
• The United States, on the one hand, and China and Russia, on the other, were at the centre of the vehement claims and counterclaims regarding allegations of abuse of maritime resources and disregard for nations’ territorial sovereignty rights.

Maritime Security

• Mr. Modi deserves credit for bringing to the table a five-pronged plan to improve maritime security worldwide through cooperation, which includes removing barriers to legitimate maritime trade, resolving maritime disputes peacefully and in accordance with international law, jointly dealing with natural disasters and maritime threats posed by non-state actors, preserving the maritime environment and resources, and encouraging youth to participate in maritime activities.
• Indeed, India's acceptance of the UNSC legislative framework for UNCLOS, the "legal framework applicable to activities in the oceans, including countering illicit activities at sea," is seen as a significant achievement during India's month as the Council's president.
• Mr. Modi’s SAGAR vision plan, which aims to strengthen economic and security ties with regional maritime nations, explains India’s continued interest in promoting maritime security.

Issues with UNCLOS 

• If there are strategic roadblocks to achieving these objectives, they are linked to specific areas of maritime tension, such as the South China Sea and the Black Sea.
• In the case of the former, US Secretary of State Antony Blinken condemned "dangerous encounters between ships at sea" and "provocative actions to advance unlawful maritime claims," rejecting "actions that intimidate and bully other states from lawfully accessing their maritime resources."
• Similarly, Mr. Blinken lashed out at Washington's "continued aggressive actions against Ukraine... that are disrupting commerce and energy access" in the UNSC debate on the Black Sea, the Kerch Strait, and the Sea of Azov.
• Although India's presidency of the Council will be brief, its long-term commitment to promoting maritime security and boosting trade via sea routes will necessitate it being astute in negotiating with these squabbling powers and inventive in finding solutions to the very real conflicts at the heart of their disagreements.

Conclusion 

• While some may criticise UNCLOS for lacking teeth in terms of enforcement, it is the only comprehensive legal framework available to maritime powers to assert their rights in accordance with the rules-based international order.
• New Delhi must faithfully advocate for ratification of UNCLOS by all major maritime powers, including the United States, during its UNSC presidency and beyond.

2. Undermining Justice: On Vacancies in Courts, Tribunals 

GS 2- Judiciary

Context 
It was only a matter of time before the debate over the Union government’s decision to delay judicial appointments resurfaced.

A Grave Concern

• The Supreme Court has expressed concern in recent days about the government's apathy toward the large number of vacancies in High Courts and tribunals. N.V. Ramana, the Chief Justice of India, presented the Government with a list of 240 vacancies in various tribunals.
• He asked flatly if there was any intention of closing down some tribunals. Many tribunals lack presiding officers, and selection committee recommendations have gone unheeded.
• As of August 1, there were 455 vacancies in the High Courts. Exhortations from the courts, including a judicial order from the Supreme Court in April setting deadlines for the Intelligence Bureau and the Government to process names forwarded by the Collegium for making appointments to the High Courts or returning files, as well as accepting names reiterated by the judges' body, appear to have failed to instil a sense of urgency.
• The Centre’s delay in appointing judges to the High Courts is affecting the adjudication of commercial disputes, according to a two-judge bench.

Impact of the Vacancies

• It is clear that the current regime is eager to undermine the independence of tribunals. It has repeatedly framed rules aimed at giving the executive more control over the tenure, emoluments, and working conditions of those who staff the tribunals.
• If the reasons for resolving certain types of disputes through tribunals are specialisation, domain expertise, and relatively faster adjudication, these goals are lost if these bodies are rendered nearly dysfunctional due to a large number of vacancies.
• To make matters worse, the Union government has shown an inexplicable reluctance to establish a national body to oversee the work of appointing members to tribunals and evaluating their performance.
• There is little information available to the public about what is causing the delays in higher judiciary appointments.

Conclusion

• It's unclear whether the disagreement stems from the unquestionably problematic memorandum of procedure or the executive's desire to subject the Collegium's recommendations to its own political scrutiny.
• In any case, the backlog is wreaking havoc on India's justice system.