13 March 2024 : Indian Express Editorial Analysis

Indian Express Editorial Analysis

13-March-2024

1. Welcome all

Topic: GS2 – Governance – Government policies – Issues arising out of their design & implementation. This topic is relevant for both Prelims and Mains as the analysis delves into the constitutional aspects of the CAA, including its compatibility with constitutional principles such as secularism and equality before the law.

Context:

The political landscape in India is marked by controversy and division over the Citizenship Amendment Act (CAA) of 2019. While some assert the need for constitutional amendments once a certain parliamentary majority is reached, others deny such intentions. However, the recent pre-election announcement of the enactment of rules under the CAA 2019 raises concerns about the erosion of India’s secular foundations.

 Undermining Constitutional Secularism:

• The government’s decision to implement the Citizenship Amendment Act 2019 as a fulfillment of a poll promise is seen as a deliberate move to undermine India’s constitutional secularism.
• By granting citizenship based on religious affiliation and excluding Muslims from its purview, the Act contradicts the secular nature of India’s Constitution, which guarantees citizenship regardless of religion.

Impact of CAA 2019:

• The Citizenship Amendment Act 2019 allows for the granting of citizenship to specific religious groups from Pakistan, Afghanistan, and Bangladesh, while excluding Muslims.
• This discriminatory aspect has sparked widespread criticism, with allegations that the Act lacks provisions for proving persecution, despite claims of offering fast-track citizenship to persecuted individuals.

Violation of Constitutional Principles:

• The Act, in conjunction with its accompanying rules, represents a departure from constitutional principles.
• Articles 5 to 10 of the Constitution outline citizenship provisions without regard to religion.
• However, the CAA 2019 introduces religious criteria for naturalization, contradicting the secular foundation of the Constitution.

Liberalization of Proof Requirements:

• The rules accompanying the CAA 2019 liberalize proof requirements for citizenship, with a presumption of persecution and a lenient approach to documentation.
• This contrasts sharply with the stringent criteria typically associated with citizenship applications, raising questions about fairness and consistency in the process.

Centralization of Administration:

• The Act centralizes the citizenship application process under the Union government, deviating from previous practices where applications were made to district collectors.
• This centralization raises concerns about bureaucratic efficiency and accountability, potentially marginalizing local authorities and communities.

Legal Challenges and Criticisms:

• Legal challenges to the CAA highlight its violation of Article 14 of the Constitution, which guarantees equality before the law.
• Critics argue that the Act discriminates against Muslims and overlooks persecuted minorities in neighboring countries like Myanmar and Sri Lanka.
• Internal contradictions, such as conflicting cutoff dates for citizenship, further compound the controversy surrounding the Act.

Alternative Solutions

• While the intent to protect persecuted individuals is commendable, critics advocate for granting refugee status to all persecuted persons, regardless of religious affiliation.
• They argue for adherence to international conventions like the Geneva Convention Relating to the Status of Refugees 1961 as a more equitable and principled approach to addressing persecution.

Conclusion:

• The Citizenship Amendment Act 2019 and its accompanying rules have sparked intense debate and legal challenges in India.
• Critics argue that the Act undermines constitutional secularism, violates principles of equality, and perpetuates discrimination based on religious affiliation.
• Alternative solutions, such as granting refugee status to all persecuted individuals, are proposed as more inclusive and principled approaches to addressing persecution.
• The resolution of this contentious issue will have profound implications for India’s democratic principles and social cohesion.

India’s Refugee Policy

India is not party to the 1951 Refugee Convention or its 1967 Protocol and does not have a national refugee protection framework. However, it continues to grant asylum to a large number of refugees from neighbouring States and respects UNHCR’s mandate for other nationals, mainly from Afghanistan and Myanmar. While the Government of India deals differently with various refugee groups, in general it respects the principle of for holders of UNHCR documentation. For some time now, India’s concerns about security have had a more restrictive impact on asylum space in the country. Mixed migration flows have further complicated the identification and protection of refugees and UNHCR has significantly modified and increased its registration activities to cope with this and provide the necessary support to the Government. In the absence of a national legal and administrative framework, UNHCR, based in New Delhi, conducts refugee status determination (RSD) for asylum-seekers from non-neighbouring countries and Myanmar. UNHCR also has a presence in Chennai, Tamil Nadu in the south to support the voluntary repatriation of Sri Lankan refugees. Although India has a large population of stateless people, no accurate estimates of the number are available.

PYQ: Consider the following pairs: (UPSC Prelims 2016) Community sometimes In the affairs of mentioned in the news 1) Kurd — Bangladesh 2) Madhesi — Nepal 3) Rohingya — Myanmar Which of the pairs given above is/are correctly matched? (a) 1 and 2 (b) 2 only (c) 2 and 3 (d) 3 only Ans- (c)

Practice Question:  Discuss the implications of the Citizenship Amendment Act (CAA) 2019 on India’s constitutional principles and its impact on minority rights. Critically analyze the legal, political, and socio-economic ramifications of the CAA, and evaluate alternative approaches to addressing persecution and refugee status. (250 words/15 m)

2. TRADE GAINS

Topic: GS2 – International Relations – Agreements involving India or affecting India’s interests This topic is relevant for both Prelims and Mains in the context of understanding India’s trade policies and agreements with various countries and blocs.

Context:

Over the past few years, the Narendra Modi government has actively pursued trade agreements with various countries, signaling a shift towards greater openness and a desire to boost economic ties. Recent agreements with Australia, the UAE, and now the European Free Trade Association (EFTA) represent a departure from previous practices of abandoning negotiations midway, marking a positive development in India’s trade policy approach.

Implications of the EFTA Agreement:

• The newly signed agreement with the EFTA states aims to significantly increase Foreign Direct Investment (FDI) into India over the next decade, potentially generating one million direct jobs in the country.
• With Switzerland being India’s largest trading partner within the EFTA bloc, the agreement holds promise for reducing the trade deficit, particularly in sectors like pharmaceuticals, machinery, and chemicals, where tariffs will be eliminated.

Scope of the Agreement:

• The agreement primarily focuses on industrial goods, with tariffs being eliminated on most exported items to India, excluding agricultural products.
• While India offers tariff reductions on a significant portion of its imports, particularly in the non-agricultural sector, agricultural items remain outside the purview of the deal.
• Additionally, the agreement covers the services sector, aiming to boost exports in areas such as information technology and facilitate the movement of skilled personnel.

Policy Implications and Targets:

• The Indian government has set ambitious targets for exports of goods and services by 2030, aiming to reach $2 trillion.
• Achieving this goal will require comprehensive policy action, including lowering tariffs and entering into deeper free trade agreements while safeguarding national interests.
• Additionally, measures must be taken to ensure that the benefits from these trade agreements are fully realized, reflecting the critical importance of effective implementation and monitoring mechanisms.

Conclusion and Future Outlook:

• At this pivotal juncture in India’s development trajectory, it is imperative for the government to push ahead with its trade agenda and capitalize on the opportunities presented by recent agreements.
• By fostering closer economic ties with strategic partners like the EFTA states, India can stimulate growth, create employment opportunities, and enhance its global competitiveness.
• However, sustained efforts are required to address challenges and maximize the benefits of these agreements for the country’s overall economic prosperity.

What are the Challenges in India-EFTA Relations?

1. Data exclusivity and specific Duration Clauses – Data exclusivity safeguards the clinical trial information of a pharmaceutical company, about a particular medication. During the exclusivity period, generic competitors cannot use the originator’s data to get approval for similar drugs. These provisions would promote monopolization for foreign pharmaceutical companies and would be a setback for the Indian generic industry. This will also lead to a rise in the cost of affordable medicines in India. 2. Differences in Economic Structures – Bridging the differences in the economic interests of different economic structures of India (developing country with low per capita) and EFTA countries (developed economies with high per capita income) is a formidable challenge. 3. Intellectual Property Rights Protection – Challenge of protection of IPR of the EFTA companies engaged in pharmaceuticals, biotechnology, and machinery manufacturing. 4. Market access challenges – There are issues regarding tariffs, quotas, and non-tariff barriers which are hindering the free market access between the two parties. Further, there are wide-ranging differences in regulations, standards, and legal frameworks.

PYQ: ‘Broad-based Trade and Investment Agreement (BTIA)’ is sometimes seen in the news in the context of negotiations held between India and (UPSC Prelims 2017) (a) European Union (b) Gulf Cooperation Council (c) Organization for Economic Cooperation and Development (d) Shanghai Cooperation Organization Ans: (a)

Practice Question: Examine the potential impact of India’s trade agreement with the European Free Trade Association (EFTA) on foreign direct investment (FDI) inflows, job creation, and bilateral trade dynamics. (250 words/15 m)

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