18 October 2024 : Indian Express Editorial Analysis

1. An inclusive beginning  

(Source: Indian Express; Section: The Editorial Page; Page: 12)

Topic: GS2 – Polity

Context:

The article analyzes the recent Supreme Court judgment on Section 6A of the Citizenship Act, 1955, which addresses citizenship in Assam, cultural rights under Article 29, and the principle of temporal unreasonableness in striking down outdated legal provisions.

Landmark Examination of Citizenship

• The recent judgment delivered by a five-judge Constitution Bench of the Supreme Court in Re: Section 6A of the Citizenship Act, 1955 is significant for several reasons.
• This ruling marks the first time the Court has extensively examined the meaning of citizenship under the Indian Constitution.
• It also delves into the intersection between citizenship and the right to vote, the cultural rights of communities under Article 29 of the Constitution, and the principle of “temporal unreasonableness,” a novel concept in Indian jurisprudence.

The Assam Accord and Section 6A

• Section 6A of the Citizenship Act was introduced in 1985 to give legislative effect to the Assam Accord, a compromise between the Indian government and Assam’s protesting student groups over the issue of Bangladeshi immigration.
• The provision legalized the citizenship status of migrants who entered Assam before March 25, 1971, but those who arrived afterward were considered illegal immigrants.
• The case arose from a challenge by Assamese indigenous groups who, in 2009, sought to contest this part of Section 6A. They argued that granting citizenship to these migrants diluted their cultural identity and violated their right to conserve their culture.

Majority Opinion on Citizenship and Culture

• Justice Surya Kant, writing for the majority, framed citizenship in the broader context of fraternity under the Constitution, viewing it as an inclusive concept that should respect differences within the country.
• The judgment takes a liberal stance, rejecting a narrow, exclusionary definition of citizenship.
• While acknowledging the dangers of illegal migration, the Court balanced these concerns by maintaining that migrants who arrived before the 1971 cut-off date should be granted citizenship, as per the Assam Accord.
• The majority rejected the claim that Section 6A violated the cultural rights of indigenous Assamese people. Instead, it adopted a pluralist interpretation of Article 29, which protects the right to conserve culture but does not exclude the coexistence of other cultures.
• The Court concluded that the failure to implement the deportation of post-1971 migrants, as mandated by Section 6A, was the real source of grievances.

Right to Vote and Citizenship

• One of the core challenges to Section 6A was based on Article 326, which guarantees adult suffrage for elections. Petitioners argued that granting citizenship to migrants diluted the voting rights of Assam’s original inhabitants.
• The majority rejected this, holding that Article 326 does not allow one group of citizens to exclude another from voting.
• Voting rights are determined by statutory provisions passed by Parliament, and no community can claim an electoral majority by seeking the exclusion of others.

Dissent on Temporal Unreasonableness

• Justice Pardiwala, in a strong dissent, introduced the concept of temporal unreasonableness to strike down Section 6A. He argued that while the provision may have been reasonable at the time of its passage, it had become unreasonable over time due to its failure to prevent illegal migration.
• The dissent criticized Section 6A for lacking a sunset clause, meaning it could continue to benefit individuals indefinitely, thus rendering it unconstitutional.
• This doctrine adds a new dimension to legal reasoning in India, with potential implications for future constitutional challenges.

Future Implications for Citizenship Laws

• The Supreme Court’s judgment, including both majority and dissenting opinions, has opened up new debates on citizenship, culture, and voting rights in India.
• These perspectives are likely to play a significant role in the Court’s pending review of other citizenship-related laws, particularly the controversial Citizenship Amendment Act (CAA) of 2019.
• This ruling is likely to shape the future of constitutional law and citizenship in India.    

What is Citizenship?

Citizenship is the legal status and relationship between an individual and a state that entails specific rights and duties. Constitutional Provisions: Articles 5 to 11 in Part II of the Constitution of India deal with the aspects of citizenship, such as acquisition of citizenship by birth, descent, naturalization, registration, and relinquishment of Citizenship by renunciation, and termination. Citizenship is listed in the Union List under the Constitution and thus is under the exclusive jurisdiction of Parliament. Citizenship Act: The Parliament has enacted the Citizenship Act, 1955 to regulate the matters of citizenship in India. The Citizenship Act, 1955 has been amended six times since its enactment. The amendments were made in the years 1986, 1992, 2003, 2005, 2015, and 2019. The latest amendment was made in 2019, which granted citizenship to certain illegal migrants belonging to Hindu, Sikh, Buddhist, Jain, Parsi, and Christian communities from Afghanistan, Bangladesh, and Pakistan, who entered India on or before 31st December 2014.

PYQ: With reference to India, consider the following statements: There is only one citizenship and one domicile. A citizen by birth only can become the Head of State. A foreigner once granted citizenship cannot be deprived of it under any circumstances. Which of the statements given above is/are correct? (a) 1 only (b) 2 only (c) 1 and 3 (d) 2 and 3 Ans: (a)

Practice Question:  Examine the significance of the Supreme Court’s recent judgment on Section 6A of the Citizenship Act, 1955, in the context of citizenship, cultural rights, and the application of the doctrine of temporal unreasonableness. How might this ruling impact future constitutional adjudication in India? (250 words/15 m)

2. A kind of hope

(Source: Indian Express; Section: The Ideas Page; Page: 13)

Topic: GS2 – International Relations

Context:

The article discusses the potential thaw in India-Pakistan relations following S. Jaishankar’s visit to Islamabad for the SCO summit, amid Pakistan’s internal turmoil and shifting diplomatic approach.

Historical Context and Current Diplomatic Shift

• More than 77 years after the Partition, relations between India and Pakistan remain fraught, with even basic civility in their interactions being uncertain. However, faint signals of a thaw emerged during Indian External Affairs Minister S. Jaishankar’s recent visit to Islamabad for the Shanghai Cooperation Organisation (SCO) summit.
• The warm reception extended to Jaishankar contrasts with Pakistan’s historically abrasive approach during diplomatic engagements, signaling a potential shift in Islamabad’s foreign policy stance.

Pakistan’s Internal Turmoil and the Foreign Policy Recalibration

• Pakistan is currently grappling with significant internal challenges, including political instability, economic crises, and rising sectarian violence.
• Prime Minister Shehbaz Sharif’s government, along with the military establishment, faces growing public discontent, making it imperative for Pakistan to reassess its foreign policy.
• The recognition that improving relations with India could serve as a diversion from domestic issues appears to be influencing this recalibration.
• Jaishankar’s visit, marked by warmth and private discussions, indicates that Pakistan might be shifting from a purely adversarial posture to a more balanced diplomatic approach.

Contrast with Previous Diplomatic Encounters

• The tone of this visit contrasts sharply with Pakistan’s former Foreign Minister Bilawal Bhutto Zardari’s confrontational stance at the SCO meeting in Goa last year, which was marked by aggressive rhetoric, particularly post-2019, after India’s abrogation of Article 370 in Jammu and Kashmir.
• The shift in Islamabad’s approach during Jaishankar’s visit, coupled with private conversations and the lack of hostility, suggests that Pakistan might be reconsidering its long-standing adversarial position toward India.

Pakistan’s Diplomatic Complexities and Domestic Pressures

• Despite Shehbaz Sharif’s recent anti-India rhetoric at the United Nations General Assembly (UNGA), the warm reception given to Jaishankar reveals the complexities within Pakistan’s diplomatic approach.
• While Sharif’s speech highlighted traditional grievances, the subsequent diplomatic warmth hints at growing recognition within Pakistan’s leadership that a more constructive relationship with India could help ease domestic tensions and contribute to regional stability.
• This shift may be backed by Pakistan’s military leadership, including Army Chief General Asim Munir, suggesting that the country could be undergoing a strategic rethinking.

Factors Influencing Pakistan’s Shift in Approach

Several factors seem to be driving Pakistan’s reassessment of its policy toward India.

• First, Pakistan’s internal turmoil, with its economic instability and rising inflation, may have pushed its leadership to prioritize domestic stabilization over external confrontation.
• Second, the Sharif government’s pragmatism, informed by former Prime Minister Nawaz Sharif’s mentorship, points to a more practical approach, moving away from populist rhetoric and focusing on potential economic benefits from engaging with India.
• Lastly, India’s growing global stature, with its expanding economy and international partnerships, may be prompting Pakistan to reconsider its adversarial stance in favor of more cooperative engagement.

India’s Potential Policy Response

• India’s policy toward Pakistan has traditionally been influenced by three schools of thought: realists, liberal institutionalists, and constructivists.
• Under the Modi administration, the realists, or “Subedars,” have dominated the discourse, advocating for a hardline, security-focused approach.
• However, given recent diplomatic developments, it may be time for India to incorporate liberal and constructivist perspectives into its approach.
• The “Saudagars” (liberal institutionalists) emphasize trade and economic ties, while the “Sufis” (constructivists) focus on dialogue, cultural exchanges, and reconciliation.
• By balancing these perspectives, India could explore new avenues for cooperation with Pakistan, focusing on incremental confidence-building measures and economic engagement.

Cautious Optimism for the Future

• Jaishankar’s visit has reignited discussions about the potential for renewed India-Pakistan engagement.
• The hospitality extended by Pakistan, coupled with the absence of hostility during the meetings, provides cautious optimism for a shift in the dynamic between the two nations.
• While significant obstacles remain, particularly in the context of Pakistan’s internal instability, the diplomatic warmth exhibited during the visit suggests that both countries may be inching toward a more cooperative relationship.
• It is crucial for India to remain vigilant, closely monitoring developments in Pakistan while taking strategic steps to shape the evolving relationship in a way that benefits the broader region.                       

About Shanghai Cooperation Organisation (SCO)

SCO is a permanent intergovernmental international organisation, created in June 2001 in Shanghai (China). Founding members included Kazakhstan, China, Kyrgyzstan, Russia, Tajikistan.  The five countries had come together to work on regional security, reduction of border troops, and terrorism in the post-Soviet era in 1996. In 2001, the Shanghai Five inducted Uzbekistan into the group and named it the SCO outlining its principles in a charter that promoted what was called the Shanghai spirit of cooperation. This organization, prior to the inclusion of Iran, represented approximately 42% of the world’s population, 22% of its land area and 20% of its GDP. Official working languages Chinese, Russian SCO Secretariat Beijing, China Members & Observers  10 member states– China, Kazakhstan, Kyrgyzstan, Russia, Tajikistan, Uzbekistan, India, Pakistan, Iran and Belarus. India and Pakistan became full members at the Heads of State Council meet in Astana in 2017. Iran became the 9th member of the SCO in 2023 under the chairmanship of India. Belarus officially joined the SCO in July 2024, and became its 10th member state. 2 Observer members – Afghanistan, Mongolia Organisational Structure of SCO The Heads of State Council (HSC) is the supreme decision-making body in the SCO. It meets once a year and decide upon all the important issues of the Organization.  The Council of Heads of Government (Prime Ministers) (CHG) is the second highest body of the organization. It meets once a year to discuss the strategy of multilateral cooperation and priority areas within the Organization, determine fundamental and topical issues in economic and other spheres, and approve the budget of the SCO. In addition to the meetings of the CHS and the CHG, there are also mechanisms for meetings on foreign affairs, national defense, security, economy and trade etc. The Organization has 2 standing bodies — the Secretariat in Beijing and the Executive Committee of the Regional Anti-Terrorist Structure (RATS) in Tashkent.

PYQ: Critically examine the aims and objectives of SCO. What importance does it hold for India? (250 words/15m) (UPSC CSE (M) GS-2 2021)

Practice Question:  Analyze the recent developments in India-Pakistan relations in the context of S. Jaishankar’s visit to Islamabad for the SCO summit. How can India recalibrate its foreign policy towards Pakistan considering the internal turmoil in Pakistan and the potential for a diplomatic thaw? (250 words/15 m)