18 April 2024 : Indian Express Editorial Analysis

Indian Express Editorial Analysis

18-April-2024

1. A trusted mediator

Topic: GS2 – International Relations – International Institutions This topic is relevant for both Prelims and Mains as the article explores the challenges and potential of international mediation in resolving complex conflicts.

 

Context:

This article dives into the upcoming Ukraine peace conference hosted by Switzerland in June 2024.

A Challenging Endeavor: “The Art and Craft of the Impossible”

• The article acknowledges the immense difficulty of achieving a breakthrough at the conference.
• There won’t be grand pronouncements or a final declaration. However, the process itself is crucial for bringing all parties to the table and discussing the thorniest issues.

Switzerland’s Diplomatic Credentials: A Trusted Mediator:

• The article highlights Switzerland’s long history of successful mediation in conflict zones.
• Their neutrality and strong diplomatic tradition make them a trusted intermediary.
• Examples include the 2021 Biden-Putin summit and the Bosnian peace negotiations.

The Upcoming Conference: Setting the Stage:

• Dates: June 15-16, 2024

• Goal: To create a framework for peace in Ukraine based on international law and the UN Charter.

• Expected Attendees: Over 100 countries, including Western democracies like the US, and countries with a more neutral stance like India and China.

• Russia’s Participation: Uncertain. While Russia won’t attend the first day, ongoing diplomatic channels with Switzerland remain open.

The Power of Swiss Diplomacy:

The article emphasizes the strengths of Swiss diplomacy:

• Discretion and Dedication: Swiss diplomats are known for their commitment to confidentiality and their relentless pursuit of solutions.

• Historical Successes: Past achievements like the thawing of the Cold War through Reagan-Gorbachev meetings in Geneva demonstrate their effectiveness.

• Strong Work Ethic and Consensus Building: Switzerland’s democratic process, with its emphasis on broad consultation, fosters trust and lays a foundation for successful negotiations.

Beyond the Conference: The Stakes and the Future:

The conference aims to address the broader implications of the Ukraine war, including:

• Human Rights: The attack on Ukraine has challenged established concepts of human rights and legal frameworks. The conference may explore ways to strengthen these principles.
• European Vulnerability: The war exposes Europe’s vulnerability for the first time since World War II. The conference might discuss strategies for future security.

Conclusion:

• The article concludes by suggesting that the conference might be more about gradual progress and fostering back-channel diplomacy than achieving a sudden breakthrough.
• It highlights that significant advancements in democracy often have modest beginnings.

History of Swiss Mediation

Neutrality is a foundational principle of Switzerland’s foreign policy. It has had a tradition of being the protecting power since the 19th century when it looked after the interests of both the Kingdom of Bavaria and the Grand Duchy of Baden during the Franco-Prussian War of 1870-71. It acted as the protecting power during the two World Wars, and held nearly 200 protective power mandates during World War II. Switzerland represented India’s interests in Pakistan and Pakistan’s in India between 1971 and 1976. Over the last two decades, Switzerland has been the protecting power between Saudi Arabia and Iran, the US and Iran, Russia and Georgian, and other pairs of mutually hostile governments. The country also has a history of hosting negotiations or mediating in conflicts. It hosted talks between the government in Colombo and the Liberation Tigers of Tamil Eelam in 2006. During the Russia-Ukraine war, however, Switzerland has leaned towards Ukraine, and has joined the Western sanctions regime against Russia.

 

Practice Question:  The Ukraine war has exposed vulnerabilities in the European security architecture. Analyze the potential of the upcoming Ukraine peace conference hosted by Switzerland in facilitating lasting peace in the region. How can India leverage this situation to enhance its own strategic position? (250 words/15 m)

2. Correcting wrong, laying a path

Topic: GS2 – Governance – Government policies – Interventions for development in various sectors This topic is relevant for both Prelims and Mains in the context of knowing facts about a case which delves into complex legal and governance issues surrounding public-private partnerships (PPP) in infrastructure projects.

 

Context:

The decade-long legal battle between DMRC (Delhi Metro Rail Corporation) and DAMEPL (Delhi Airport Metro Express Pvt Ltd) reached its conclusion with a landmark Supreme Court verdict on April 10. This judgment holds significant implications for arbitration tribunals and courts, potentially setting a guiding precedent for future cases involving infrastructure partnerships and public service delivery.

 

CJI’s Observations and Bench’s Decision:

• In a departure from usual practice, the bench led by CJI D Y Chandrachud criticized the court’s interference in previous decisions related to the case.
• The Supreme Court upheld the Delhi High Court’s decision to set aside the arbitral award granted to DAMEPL, emphasizing that the interference had led to a miscarriage of justice.
• This observation underscores the importance of maintaining legal integrity and adherence to due process in arbitration proceedings.

Origin and Complexities of the Case:

• The case traces back to the Airport Metro Express Line project, a Public-Private Partnership (PPP) venture between DMRC and DAMEPL.
• Disputes arose when DAMEPL suspended operations in 2012, citing defects in civil engineering works by DMRC.
• Despite attempts at conciliation, the termination of the agreement led to a protracted legal battle and the formation of an arbitration tribunal.

Legal Journey and Judicial Scrutiny:

• The tribunal initially awarded termination payment to DAMEPL, a decision contested by DMRC in the Delhi High Court.
• While the single-judge bench upheld the tribunal’s decision, a division bench later set aside the arbitral award, citing procedural discrepancies and lack of deliberation on safety aspects.
• The Supreme Court’s subsequent ruling in favor of DAMEPL was met with a review petition and, ultimately, a curative petition by DMRC.

Supreme Court’s Ruling and Implications:

• In its comprehensive analysis, the Supreme Court identified flaws in the arbitral award, emphasizing the tribunal’s oversight of crucial evidence and its failure to address inconsistencies.
• By overturning the High Court’s decision and restoring the initial ruling, the Court rectified what it deemed a grave miscarriage of justice.
• This verdict carries significant lessons for arbitration tribunals, emphasizing the need for meticulous scrutiny of agreements and contractual clauses, especially in infrastructure projects.

Guiding Precedent for Future Cases:

• The Supreme Court’s verdict is expected to serve as a guiding light for pending arbitration and court cases, particularly in the infrastructure sector.
• Its emphasis on upholding legal integrity and ensuring fair dispute resolution underscores the importance of maintaining transparency and accountability in public-private partnerships.
• As India continues to embark on ambitious infrastructure projects, this judgment sets a crucial precedent for ensuring their resilience and sustainability in the face of legal challenges.

What is Delhi Metro Rail Corporation Ltd. v Delhi Airport Metro Express Pvt. Ltd. Case, 2024?

Background: In 2008, the DMRC partnered with DAMEPL to construct, operate, and maintain the Delhi Airport Metro Express. Disputes led to the termination of the agreement by DAMEPL in 2013, citing safety concerns and operational issues. Legal battles ensued, resulting in an arbitration panel ruling in favour of DAMEPL, ordering DMRC to pay nearly Rs 8,000 crore. However, the Delhi High Court directed DMRC to deposit 75% of the amount in an escrow account. The government appealed, and in 2019, the High Court’s decision was overturned in favour of DMRC. DAMEPL then approached the Supreme Court, which initially upheld the arbitral award in 2021.

 

Practice Question:  Discuss the significance of the recent Supreme Court verdict in the case involving DMRC and DAMEPL for infrastructure development and public-private partnerships in India. How does this judgment impact the governance framework and legal considerations surrounding such projects? (250 words/15 m)

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