Q.11. The jurisdiction of the Central Bureau of Investigation (CBI) regarding lodging an FIR and conducting probe within a particular State is being questioned by various States. However, the power of the States to withhold consent to the CBI is not absolute. Explain with special reference to the federal character of India.(Answer in 250 words) 15 Marks
The Central Bureau of Investigation (CBI) was established in 1963 by a Ministry of Home Affairs decree. It was then transferred to the Ministry of Personnel and is currently considered an affiliated office. The Special Police Establishment (which investigated vigilance cases) was integrated with the CBI in 1941.
The Santhanam Committee on Corruption Prevention suggested that the CBI be established (1962-1964). The CBI is not a government agency. The Delhi Special Police Establishment Act of 1946 gives it authority.
A Supreme Court bench recently forwarded a case to the Chief Justice of India for consideration, in which the CBI (Central Bureau of Investigation) had filed an affidavit on the withdrawal of ‘general permission’ to the CBI by many States.
Body Withdrawal of Consent: Eight states have refused to allow the CBI to conduct investigations on their soil.
West Bengal, Maharashtra, Kerala, Punjab, Rajasthan, Jharkhand, Chhattisgarh, and Mizoram have all refused to allow the CBI to conduct investigations in their respective states.
Argument of CBI: According to the CBI, widespread withdrawal of consent renders it obsolete in the investigation of corruption allegations against Central employees and undertakings operating under the territorial jurisdiction of multiple States.
- While the States’ replies were essentially an act of politico-legal ring-fencing against the Central Government’s politics in deploying its agencies, the CBI has been hampered by the loss of general permission by a number of States.
About the Consent given by the state government
Legal and constitutional basis: The State’s agreement is required to expand the CBI’s investigation beyond Union Territories, according to Section 6 of the Delhi Special Police Establishment Act of 1946, under which the CBI operates.
- The CBI’s legal foundation has been considered to be based on Entry 80 of the Constitution. The Union List allows a state’s police force to extend its powers to any territory in another state, but only with that state’s agreement.
- Entry 2 of the State List in the Constitution’s Seventh Schedule is “Police.”
Types of Consent
- For a CBI investigation, there are two sorts of permission.
Consent in General
- When a state grants the CBI general consent to investigate a case (Section 6 of the Delhi Special Police Establishment Act), the agency is not needed to obtain permission each time it enters the state in connection with an investigation or for each case.
- In the event of corruption or violence, a general permission is granted to assist a smooth investigation.
Special Consent
- When a general consent is revoked, the CBI must seek case-by-case consent for an inquiry from the respective state government.
- If special approval is not given, CBI employees will not be able to enter the state with the authority of police officers.
- This stumbling block prevents the CBI from conducting a thorough inquiry.
Supreme Court Judgement
- A Constitution Bench held in the Advance Insurance Co. Ltd case of 1970 that the concept of State under The General Clauses Act encompasses Union Territories as well.
- As a result, the CBI, as a force established for Union Territories under the Delhi Special Police Establishment Act of 1946, can only conduct investigations into the states’ territories with their approval.
Impact on Pending Investigation
- The withdrawal of general consent has no bearing on pending investigations (Kazi Lendhup Dorji v. CBI, 1994) or cases pending in another State where the investigation leads into the territory of the State that has withdrawn general consent, nor does it limit the jurisdictional High Court’s ability to order a CBI investigation.
Way Forward
- The main roadblock is the law, which does not properly define the CBI as a federal police body.
- The United Nations Convention against Corruption, to which India is a signatory, mandates that all levels of government take decisive, impartial action to eliminate corruption.
- The situation of a number of States withdrawing consent may lead to a legislative move to create a federal agency with manifest powers and autonomy while retaining the process of a committee consisting of the constitutional trio, the Prime Minister, the Leader of the Opposition, and the Chief Justice of India, preferably by consensus, appointing the CBI chief.
- If such legislation is enacted, Section 6 of the Delhi Special Police Establishment Act may be replaced by a clearer legal provision that ensures impartial inquiry and prosecution.
Q12. Though the Human Rights Commissions have contributed immensely to the protection of human rights in India, yet they have failed to assert themselves against the mighty and powerful. Analyzing their structural and practical limitations, suggest remedial measures.(Answer in 250 words) 15 Marks
The Protection of Human Rights Act (PHRA) of 1993 was passed on October 12, 1993. The Protection of Human Rights (Amendment) Act of 2006 and the Human Rights (Amendment) Act of 2019 revised it. It was created in accordance with the Paris Principles, which were agreed in Paris in October 1991 for the promotion and protection of human rights and endorsed by the United Nations General Assembly in December 1993.
It serves as a watchdog for the country’s human rights, which include rights to life, liberty, equality, and dignity guaranteed by the Indian Constitution or enshrined in international accords and enforced by Indian courts. It is a five-person body with a chairman and four members. A chairman is someone who has served as the Chief Justice of India or a Supreme Court judge.
Role and Functions of NHRC
- It has all of the functions of a civil court and conducts judicial proceedings.
- It has the authority to enlist the assistance of any officer or investigation agency of the federal or state governments to investigate accusations of human rights violations.
- It can investigate an issue within one year of its occurrence, i.e. the Commission is not allowed to investigate any topic after one year has passed since the claimed violation of human rights occurred.
- The commission’s primary job is to provide recommendations.
- It has no authority to prosecute human rights abusers or to provide remedy to victims, including monetary relief.
- When it comes to violations of human rights by personnel of the armed services, it has a restricted role, powers, and jurisdiction.
- It lacks the authority to intervene when private parties violate human rights.
Limitations of NHRC
- There is no investigating procedure in place at the NHRC. In the vast majority of cases, it requests that the concerned central and state governments examine cases of human rights violations.
- Due to its inability to provide any real assistance to the offended party, it has been dubbed “India’s taunting illusion” by Soli Sorabjee (former Attorney-General of India).
- The NHRC can only offer recommendations and has no authority to impose decisions.
- NHRC is frequently perceived as a post-retirement destination for judges and bureaucrats with political ties, and its operations are hampered by a lack of finances.
- A high percentage of complaints go unresolved since the NHRC is unable to evaluate complaints filed after a year has passed after the incident.
- The government frequently rejects or only partially implements the recommendations of the National Human Rights Commission.
- State human rights commissions are unable to request information from the national government, therefore denying them the authority to probe armed forces under national jurisdiction.
- The National Human Rights Commission’s powers in relation to armed forces violations of human rights have been severely curtailed.
Remedial Measures
- The National Human Rights Commission (NHRC) needs to be completely revamped in order to become more effective and truly a watchdog for human rights violations in the country.
- The government can improve the effectiveness of the NHRC by making its judgments enforceable.
- The makeup of the commission should be changed to include representatives from civil society and activists.
- The National Human Rights Commission (NHRC) needs to build an independent cadre of staff with relevant experience.
- Many Indian laws are outdated and antiquated, and by updating them, the government can improve regulatory openness.
- State and non-state entities must collaborate to enhance and strengthen India’s human rights status.
Q13. Analyze the distinguishing features of the notion of Right to Equality in the Constitutions of the USA and India. (Answer in 250 words) 15 Marks
The United States and India are the world’s two largest democratic countries, with federalism at the heart of their constitutions. By preserving its Constitution in 1789, the United States became a federal republic; by formally launching its Constitution in 1950, India became a secular, socialist, sovereign, democratic republic. As a result, both countries had attained the status of dominion, with numerous lesser states aligning to form a union with a strong central government that had come to be called. Both states were federal republics at the time.
Differentiating on the basis of Right to Equality
- Reasonable Restrictions: Article 14 of the Indian constitution establishes a strong foundation for the constitution by prohibiting discrimination among citizens, akin to the United States’ “Bill of Rights” provision. However, India has a concept of justifiable classification, which means that when specific circumstances happen, certain persons are treated unequally. The state has the authority to treat such people differently if the circumstances merit it.
- Incorporation of the Right All men are created equal, and their creator has endowed them with certain unalienable rights, including the right to life, liberty, and the pursuit of happiness.
- The states are prohibited from denying anybody the right to “life, liberty, or property, without due process of law,” or from “denying to any person within its jurisdiction the equal protection of the laws” because of this article. These two rights were later adopted in the United States, but there was no legislative intent to do so at the time. Because of the state’s dynamic changes, it was integrated. The Indian legislation, on the other hand, was written with the intention of embracing this from the start.
- Social Injustice: It can be seen that the right to equality in America does not guarantee social equality. On the other hand, Article 14 of India’s constitution expressly prohibits discrimination against any group of people. The court has the authority to declare any statute unconstitutional on the basis of discrimination.
- Children’s Right: There is not much of a distinction between the children’s rights in the two countries. In terms of children’s rights, both countries are on roughly the same page. The difference is in the age range that is required by law for children to attend compulsory education. Children in India between the ages of 6 and 14 are allowed to receive compulsory education as required by law. In the United States, however, the age limit is set at 16 years old since it is believed that at this age, the child has matured and is capable of managing any type of work alone.
- Gender Inequality: In the United States, women’s rights in terms of opportunity and employment are better protected. The standards on safeguarding women from workplace harassment were just recently introduced in India, but the United States, on the other hand, had a settled legislation on the subject and the women in their country were protected. Women in India are still fighting for equal rights, despite being immensely powerful and autonomous.
- Dual Citizenship: The dual citizenship certificate is issued by the United States to its citizens. The bill of rights applies to all states that make up a federal country, requiring each to follow the same set of regulations, resulting in equality of laws at both the state and federal levels. In terms of the Indian scenario, there is no legal provision for the concept of dual citizenship. Every Indian citizen has one citizenship in their name; nevertheless, because Articles 14 and 15 of the constitution are regarded India’s ultimate legislation, the laws are mostly based on these articles.
Conclusion
Although their conceptual approaches toward individual rights and substantive equality have come from quite distinct constitutional regimes, India and the United States share numerous similarities, implying that their systems are not so dissimilar. “Perhaps more than any other country in the world, India has evolved a legal system that is more akin to that of the United States, particularly in the subject of constitutional law.” Individual rights are guaranteed under both countries’ constitutions. Both provide constitutional courts with broad judicial review powers, including the authority to overturn laws, and both follow the British common law tradition.
Q.14. Explain the constitutional provisions under which Legislative Councils are established. Review the working and current status of Legislative Councils with suitable illustrations.(Answer in 250 words) 15 Marks
India’s legislative system is bicameral. Article 169 of the Constitution allows states to have a Legislative Council in addition to the Legislative Assembly, much as Parliament does. Andhra Pradesh, Telangana, Uttar Pradesh, Bihar, Maharashtra, and Karnataka are the six states that have a Legislative Council. The Legislative Council of Andhra Pradesh was abolished by the Andhra Pradesh Legislative Assembly in 2020. The Indian Parliament has yet to approve this resolution, which would effectively dissolve the council. The J&K Legislative Council was abolished in 2019 as part of the J&K Reorganisation Bill, which reduced the state of J&K to the Union Territories of J&K and Ladakh.
Article 169
The Parliament can abolish a Legislative Council (where it already exists) or create it (where it does not exist) by a simple majority, that is, a majority of the members of each House present and voting, if the legislative assembly of the concerned state, by a special majority, passes a resolution to that effect.A special majority requires a majority of the assembly’s total membership and a majority of not less than two-thirds of the members present and voting.
Article 171
The Legislative Council of a state must have at least 40 members and not more than one-third of the entire strength of the State Assembly, according to Article 171 of the Constitution.The legislative council, like the Rajya Sabha, is a continuing chamber, meaning it is a permanent body that cannot be dissolved. Members of the Legislative Council (MLC) have a six-year term, with one-third of them retiring every two years.
Election of Legislative Council
- One-third of the MLCs are elected by the state’s MLAs,
- Another one-third by a special electorate made up of sitting members of local governments such as municipalities and district boards,
- One-twelfth by a teachers’ electorate, and the other one-twelfth by registered graduates.
- The Governor appoints the remaining members for remarkable contribution in the fields of literature, science, art, cooperative movement, and social service.
Legislative Council and Rajya Sabha
- The Councils’ legislative power is limited. Legislative Councils, unlike Rajya Sabha, which has significant authority to design non-financial legislation, lack a constitutional mandate to do so.
- The Assembly has the power to override the Council’s legislative ideas and modifications.
- MLCs, like Rajya Sabha MPs, are unable to vote in presidential and vice presidential elections. The Vice President chairs the Rajya Sabha, whereas the Council Chairperson is chosen from among the members of the Council.
Role of Legislative Council
- It can ensure that those who may not be able to vote are able to participate in the legislative process (like artists, scientists, etc).
- It can keep a watch on the Legislative Assembly’s rash decisions.
Recently, West Bengal’s government decided to establish a Legislative Council (Vidhan Parishad).
The West Bengal Legislative Council was the upper house of the Indian state of West Bengal’s bicameral legislature, which was established in 1952. Later, the Indian Parliament passed the West Bengal Legislative Council (Abolition) Act, 1969, which effectively abolished the Legislative Council on August 1, 1969. A Bill must be introduced in the Assembly to recreate the Legislative Council and the Governor must approve it.
Q.15. Has digital illiteracy, particularly in rural areas, couple with lack of Information and Communication Technology (ICT) accessibility hindered socio-economic development? Examine with justification. (Answer in 250 words) 15 Marks
Gandhi says soul of India lives in villages so as he emphasised on rural development and it has relevancy in present that more than half of our population lives in villages not equipped with basic amenities including important need of present ICT services. Their socio economic development is the nation’s growth in true sense hence we must provide them complete literacy to realise our constitutional goal of equality.
Conseuences of lack of Digital literacy and lack of Information and technology (ICT):
- Educational: The digital divide in India will affect the capacity of children to learn and develop. Read about Digital Education in India.
- Without Internet access, students cannot build the required technology-related skills.
- Social: Internet penetration is associated with greater social progress of a nation. Thus digital divide in a way hinders the social progress of a country. Rural population is suffering from lack of information due to the Digital divide in India, this will only strengthen the vicious cycle of poverty, deprivation, and backwardness.
- Political: In the age of social media, political empowerment and mobilization are difficult without digital connectivity.
- Economic: The digital divide will increase economic inequality between those who can afford the technology and those who don’t.
- Governance: Transparency and accountability are dependent on digital connectivity. The digital divide affects e-governance initiatives negatively. Know about e-governance and its significance on the given link.
Policy/Programmes for Addressing the Challenges in Bridging the Digital Divide
Digital India Initiatives by Government to improve internet access in the country. Know about Digital India on the linked page. A few initiatives under this are –
- In 2011, the BharatNet project was launched to connect 0.25 million panchayats through an optical fibre (100 MBPS) and connect India’s villages.
- In 2014, the government launched the National Digital Literacy Mission and the Digital Saksharta Abhiyan.
- In 2015, the government launched several schemes under its Digital India campaign to connect the entire country.
- PM Gramin Digital Saksharta Abhiyan, launched in 2017, to usher in digital literacy in rural India by covering 60 million households.
- Seeing the importance of digital literacy, the Supreme Court of India has declared the right to access to the Internet as a fundamental right, making it a part of the right to privacy and the right to education that comes under Article 21 of the Constitution.
- National Education Policy, 2020aims at making “India a global knowledge superpower” by introducing several changes from the school to college level in the Indian education system with special emphasis on digital education. Know more on New Education Policy at the linked page.
- Internet Saathi Program – The Internet Saathi Program was launched in 2015 by Google India and Tata Trusts. The aim of this project is to facilitate digital literacy among rural Indian women.
- Optical Fibre Network (NOF-N), a project aimed to ensure broadband connectivity to over two lakh (200,000) gram panchayats of India.
- DIKSHA (Digital Infrastructure for Knowledge Sharing) platform– DIKSHA is the national platform for school education available for all states and the central government for grades 1 to 12 and was launched in September 2017. As part of PM eVidya announced under the Atma Nirbh.
Q.16. “Though women in post-Independent India have excelled in various fields, the social attitude towards women and feminist movement has been patriarchal.” Apart from women education and women empowerment schemes, what interventions can help change this milieu? (Answer in 250 words) 15 Marks
During post-independence India, improvements were made in terms of various areas that led to well-being of women within the society. There were formulation of many programs and schemes that had the main objective of bringing about progressive among women. Encouraging them towards acquisition of education and participation in the employment settings are the main aspects that promote women empowerment.
Women empowerment schemes and initiates since Independent of India:
- Beti Bachao Beti Padhao Scheme
- One-Stop Centre Scheme
- Women Helpline Scheme
- UJJAWALA
- Working Women Hostel
- SWADHAR Greh
- Support to Training and Employment Programme for Women (STEP)
- Nari Shakti Puraskar
- Mahila Shakti Kendras (MSK)
- NIRBHAYA
- Mahila E-Haat
- Mahila Police Volunteers
In spite of initiation of the measures and policies, still in some of the rural communities, women are regarded as subordinates to men. One of the unfortunate areas is, throughout the country, women and girls are subjected to abuse and mistreatment.
So, in order to achieve a complete sense of women empowerment and gender equality and enshrined in the constitution of India , we need to adopt and follow measures like;
- Place women as leaders and give them decision making roles
- Although many women are now powerful contributors to the economy of some states, gender equality is still a myth in the greater part of the world. Women have actively started participating in the tech industry, food production, natural resource management, domestic wellness, entrepreneurial work, as well as energy and climate change. But, most women still don’t have access to good job opportunities and resources to get a better-paid job. As the focus shifts towards inclusive economic structures, providing women with leadership opportunities and making them a part of decision making can go a long way in achieving women’s empowerment.
- More Job Opportunities for Women
- Despite being significant contributors to social and financial development, women don’t have access to equal job opportunities. Equal rights programmes can invest significantly in promoting decent jobs and public policies, advocating growth and development.
- Invest in Women’s Entrepreneurial Ideas, Emotionally and Financially
- An effective way of tackling gender inequality is entrusting women with entrepreneurial work. The state can take initiatives to train women in business skills for better job opportunities. Looking at the global developments, many developing countries are spending a percentage of annual revenues in women’s developments. By investing in women’s education and providing them with entrepreneurial opportunities, the unequal pay gap can be ruled out from the socio-economic scene, encouraging women to increase their participation in the supply chain.
- Taking Action against Unpaid Labour Work
- One of the biggest concerns about gender inequality is women’s unpaid labor. Many marginalized groups, including rural women and domestic workers, are often deprived of economic independence and many times their labors go unnoticed by society. With empowerment policies striving to raise the incomes of women, resources can be appropriately managed to eradicate the issue. Unpaid labor is a growing concern among many developing countries, and this is primarily associated with rural and low-skilled workers. By controlling the driving factors and protecting women from violence and social abuses, women can be encouraged to explore and utilize their potential.
- Mentoring Women Professionally and Personally
- Implementing fancy rules cannot drive away unequal pay gaps and the lack of job opportunities for women. To eliminate the problem from the grass-root levels, gender-sensitive economic policies should be deployed. To help women actualize their entrepreneurial goals and promote them as leaders, mentoring programmes should adopt a more holistic approach wherein both personal and the professional aspects are taken care of. Income-making skills are not always successful in building empowering personalities, and empowerment schemes can launch competent mentoring programmes to cater to the growing fiduciary demands.
- The women empowerment programmes are investing abundantly in the welfare and empowerment of women, encouraging women to break free from their traditional roles and do away with gender stereotypes. There are various ways of achieving women’s financial empowerment and the aforementioned recommendations are only to name a few. To keep up with the changing global trends and fulfill sustainable development goals, it’s time to break barriers and explore alternative programmes for advocating equal opportunities for women and promoting financial inclusivity.
- Atmanirbhar Bharat programme, DIKSHA is the ‘one nation; one digital platform’ for school education in India.
- Unnati Project– Hindustan Petroleum Corporation Limited (HPCL) which strives to bridge the digital divide in schools by giving the rural students with poor economic and social background access to computer education.
- Gyandootis an Intranet-based Government to Citizen (G2C) service delivery initiative started in the Dhar district of Madhya Pradesh in January 2000 with the twin objective of providing relevant information to the rural population and acting as an interface between the district administration and the people.
- Digital Mobile Library: In order to bridge the digital divide in a larger way the government of India, in collaboration with the Centre for Advanced Computing (C–DAC) based in Pune.
- Online Massive Open Online Course MOOC courses relating to NIOS (grades 9 to 12 of open schooling) are uploaded on SWAYAM portal; around 92 courses have started and 1.5 crore students are enrolled. Know about SWAYAM Schemeon the linked page.
- On Air Shiksha Vani, DAISY by NIOS for differently-abled, e-PathShala- Radio broadcasting is being used for children in remote areas who are not online (especially for grades 1 to 5).
Way forward
- Infrastructure development: The promotion of indigenous Information and Communication Technologies development under Atmanirbhar Abhiyan can play a significant role. Promotion of budget mobile phones is the key, we should explore migration to new technologies like 5G. It would resolve some of the bandwidth challenges. The creation of market competition between service providers may make services cheaper. Efficient spectrum allocation in large contiguous blocks should be explored.
- Promoting Digital Literacy: Digital literacy needs special attention at the school/college level. The National Digital Literacy Mission should focus on introducing digital literacy at the primary school level in all government schools for basic content and in higher classes and colleges for advanced content. Higher digital literacy will also increase the adoption of computer hardware across the country. Furthermore, when these students will educate their family members, it will create multiplier effects.
Q.17. Can Civil Society and Non-Governmental Organizations present an alternative model of public service delivery to benefit the common citizen. Discuss the challenges of this alternative model. (Answer in 250 words) 15 Marks
Civil Society refers to refers to a wide array of organizations, community groups, non-governmental organizations (NGOs), labour unions, indigenous groups, charitable organizations, faith-based organizations, professional associations and foundations – World Bank.
Role of Civil Societies as an alternative of public service delivery to benefit the common citizen:
- Civil Society has been widely recognised as an essential “third sector”.
- Its strength can have a positive influence on the state and the market.
- Civil society is therefore seen as an increasingly important agent for promoting good governance like:
- Transparency,
- Effectiveness,
- Openness,
- Responsiveness and
- By policy analysis and advocacy;
- By regulation and monitoring of state performance and the action and behaviour of public officials;
- By building social capital and enabling citizens to identify and articulate their values, beliefs, civic norms and democratic practices;
- By mobilizing particular constituencies, particularly the vulnerable and marginalized sectors of masses to participate more fully in politics and public affairs; and
- By development work to improve the well-being of their own and other communities.
- Educator of citizens on their rights, entitlements and responsibilities and the government about the pulse of the people.
- Service provider to areas and people not reached by official efforts or as government’s agent.
Civil society acts through ‘social capital’— the capacity of people to act together willingly in their common long-term interest. Social capital is strong in a homogeneous, egalitarian society.
The World Bank defines NGOs as private organizations that pursue activities to relieve suffering, promote the interests of the poor, protect the environment, provide basic social services, or undertake community development
Role of NGO’s as an alternative of public service delivery to benefit the common citizen:
“The 21st Century will be an era of NGOs.” — Kofi Annan, Former UN Secretary GeneralPolicy formulation: There exist political NGOs (eg. ABVP) that act as pressure groups to the extent that they are able to educate the public and put pressure on public policy. NGOs play an important role in protecting Human Right through Judiciary and NHRC- They have filed cases, writ petitions and public interest litigation on behalf of victims and public at large, and it has produced results.
Vishaka & Ors vs State of Rajasthan & Ors- resulted in the formulation of the Vishaka guidelines, dealing with issues of sexual harassment at workplace.
Policy implementation: The civil society initiatives have contributed to some of the path-breaking laws in the country, including the Environmental Protection Act-1986, Right to Education Act-2009, Forests Rights Act-2006 and Right to Information Act-2005
Ramakrishna Mission Home of Service: It is an Indian non-governmental organization established in Varanasi , established in 1900 and became a branch of Ramakrishna Mission in 1902. It manages an education program on essential health problems in schools, slums and villages of Uttar Pradesh (India) thanks to auto produced multimedia educational films.
CRY aims to restore children’s rights in India
Policy evaluation: systematic collection and analysis of information to make judgments about contexts, activities, characteristics, or outcomes of one or more domain(s) of the policy process.
Bandhua Mukti Morcha (BMM) or Bonded Labour Liberation Front (BLLF) is a non-governmental organisation in India working to end bonded labour. It has legally been banned in the country.
People’s Union for Democratic Rights (PUDR) has taken up hundreds of instances of violations of democratic rights, including issues of general importance- gender equality; rights of forest-dwellers and forest policy; working class rights; agrarian conflict; caste oppression; deaths, rapes and torture in police custody; and undemocratic legislation, in particular the various incarnations of the ‘terrorist act’ (TADA and POTA) etc.
Q.18. Critically examine the aims and objectives of SCO. what importance does it hold for India. (Answer in 250 words) 15 Marks
The Shanghai Cooperation Organization (SCO) is a permanent intergovernmental international organization comprising Eurasian nations, with a secretariat in Beijing.
They account for 40% of the global population, nearly 20% of global GDP, and around 22% of global landmass.
It is a political, economic, and military organization whose mission is to keep the region at peace, secure, and stable.
SCO comprises of 4 central Asian Nations (Kazakhstan, Kyrgyzstan, Tajikistan, Uzbekistan), India, China, Pakistan, Russia and Iran.
SCO’s Importance for India
- Geo-political and Geo-Strategic Angle: Central Asia is considered to be part of India’s Extended Neighborhood. In addition, the SCO allows India to pursue its “Connect Central Asian Policy.” It will also assist India in curbing China’s ever-increasing dominance in Eurasia.
- Current Afghanistan issue and Terrorism: Taliban’s revival in Afghanistan is apparently against India’s strategic interests. This Taliban, Pakistan and China nexus is posing threat to India’s already fragile Kashmir. India can effectively utilize RATS (Regional Anti-Terrorist Structure), which is under the aegis of SCO to maintain peace in the region.
- Connectivity: The SCO can aid in regional integration by promoting connectivity and cross-border stability. Furthermore, it enables India to engage in multilateral discussions with both friends like Russia and foes like China and Pakistan.
- Natural Resources: Central Asian region is abundant in natural resources such as petroleum, natural gas, antimony, aluminum, gold, silver, coal, and uranium, all of which can be used to meet India’s energy needs. SCO can play a pivotal role in this.
- Central Asia has vast cultivable areas that are unused and unproductive, providing an enormous opportunity for pulse cultivation. Commercial agro-industrial complexes can be established in Central Asia by Indian agribusiness firms by using the SCO platform.
Challenges for India in SCO
- Growing Cooperation between China and Russia: One of the main reasons Russia pushed for India’s SCO membership was to balance China’s power. However, today’s challenge for India is the growing closeness of Russia and China, despite India’s efforts to improve relations with the US. Furthermore, the new equation of growing triangular convergence of interests between Russia, China, and Pakistan is a challenge that must be navigated.
- No Direct Land Connectivity: Pakistan’s strategic denial of direct land connectivity between India and Afghanistan and beyond remains a major impediment to India’s expanded engagement with Eurasia.
- As a result, India’s bilateral trade with Central Asia was approximately $2 billion in 2017 and approximately $10 billion with Russia. In contrast, China’s trade with Russia surpassed $100 billion in 2018, while bilateral trade with Central Asia exceeds $50 billion. In addition, the lack of connectivity has hampered the development of energy ties between the hydrocarbon-rich region and India.
- China’s Belt and Road Initiative: While India has stated its opposition to the BRI, all other SCO members have embraced China’s initiative.
The SCO’s evolving goal appears to be to raise not only its regional but also its global strategic and economic profile. In this scenario, India, as a member of the SCO, will need to develop a suitable Eurasian strategy. Efforts must be made by our foreign policy experts to dilute the challenges in SCO and leverage it for India’s geo political, go economical and geo strategic advantages.
This strategy should serve India’s regional interests by ensuring long-term nation-building through development partnerships, preserving sovereignty, and preventing the region from becoming a hotspot for terrorism and extremism. At the same time, it is in India’s best interests for this region not to devolve into a geopolitical chessboard for new great game rivalries.
Q.19. The newly tri-nation partnership AUKUS is aimed at countering China’s ambitions in the Indo-Pacific region. Is it going to supersede the existing partnerships in the region? Discuss the strength and impact of AUKUS in the present scenario. (Answer in 250 words) 15 Marks
Under the ‘AUKUS’ alliance, the three countries, the United Kingdom, the United States, and Australia, will collaborate to improve the development of joint capabilities and technology exchange.
The focus of AUKUS will be on integrating all science, supply networks, industrial bases, and technologies relevant to defense and security.
The collaboration would also include a new architecture of meetings and interactions between the three countries, as well as collaboration across emerging technologies such as AI, quantum technologies, and submarine capabilities.
According to many experts the major aim of AUKUS is to counter raising footprints of aggressive china in the Indo pacific region. Many foreign experts also compared AUKUS with QUAD grouping. India along with USA, Japan and Australia are part of QUAD, whose major objective is to create deterrence against China in the Indo pacific region.
It also supports other regional arrangement like the Five Eyes intelligence cooperation programme
The Five Eyes (FVEY) intelligence alliance consists of Australia, Canada, the United Kingdom, and the United States, which also has overlapping role with AUKUS.
Will AUKUS dilute the other similar groupings/ Mechanism?
No, AUKUS will not undermine QUAD or The Five Eyes, since there are structural differences in the aim, objective and nature of all grouping. Countering China is just one common aim of all the groupings.
QUAD vs AUKUS
- “The Quad is a plurilateral grouping. It is a group of countries that has a shared vision of their attributes and values. They also have a shared vision of the Indo-Pacific region as a free, open, transparent and inclusive region.
- According to India’s foreign secretary, the Quad has a proactive agenda for example, delivering vaccines to countries in the Indo-Pacific region to combat the covid-19 pandemic.
- “On the other hand, AUKUS is a three-country security alliance.” India is not a member of this alliance. This, in our opinion, is neither relevant to the Quad nor will it have any effect on its operation.
How AUKUS will impact the present Geo-politics
- Impact on India and Japan: The Prime Minister of Australia stated that he had called the leaders of Japan and India to explain the new alliance. This is critical considering that Japan, India, Australia, and the United States already have a strategic conversation known as ‘the Quad,’ which also wants more cooperation among the Indo-Pacific region’s member nations. Notably, India and Japan have a tense relationship with China, which is becoming more forceful. The trilateral configuration would complement layouts like the Quad.
- On China: Despite the fact that none of the countries mentioned China when announcing the agreement, and that the alliance was not aimed at any one country in particular, the Counter China policy is very visible in the new trilateral security partnership, with an emphasis on aspects such as upholding the international rules-based order and promoting peace and stability in the Indo-Pacific in light of China’s assertiveness in the region.
- The transfer of nuclear propulsion technology to an ally was meant to convey a reassuring message to Asian countries. China has warned that the new accord will jeopardize regional peace and stability, “intensify” an arms race, and undermine international non-proliferation efforts.
- Impact on USA: This development appears to be an extension of the United States’ pivot to Asia policy, which emphasizes the importance of focusing more attention on the Indo-Pacific region while shifting away from conflicts in West Asia.
- This is also an extension of the United States’ announced in 2018 Asia Reassurance Initiative Act (ARIA), which authorizes US$1.5 billion in spending for a variety of US programmes in East and Southeast Asia to “develop a long-term strategic vision and a comprehensive, multifaceted, and principled US policy for the Indo-Pacific region.”
- The Indo-Pacific region has grown in importance in the United States’ foreign policy calculus as tensions with China have risen.
- Apart from India and Japan, another major stakeholder of Indo pacific, France is not included in the AUKUS grouping. This has further expanded the scope of Indo- France strategic partnership in the Indo pacific region.
Despite not being a part of AUKUS, it is in India’s strategic interest and it is also complementing QUAD.
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