2 September 2024 : The Hindu Editorial Analysis
1. India’s neighbourhood watch, past and present
(Source – The Hindu, International Edition – Page No. – 8)
| Topic: GS2 – International Relations – India and its neighbourhood. |
| Context |
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Shift in India’s neighbourhood dynamics (2008-10)
- Epoch-making events unfolded between 2008-2010, coinciding with the author’s stint as Head of Division for Bangladesh, Sri Lanka, Maldives, and Myanmar in the Ministry of External Affairs.
- During this period, India played a catalytic role in fostering democratic transitions in its neighbouring countries.
Democratic transitions across neighbouring countries
- Bangladesh (2008):
- Sheikh Hasina became Prime Minister after the end of military rule in 2009, following the efforts of Indian External Affairs Minister Pranab Mukherjee to ensure free elections.
- Over the next 15 years, India and Bangladesh strengthened their partnership, especially around sensitive national interests.
- Sri Lanka (2009):
- India’s engagement played a crucial, albeit under-acknowledged, role in the defeat of the Liberation Tigers of Tamil Eelam (LTTE).
- The absence of LTTE enabled India to work closely with Sri Lanka to foster stronger bilateral ties.
- Maldives (2008):
- The Maldives held its first multi-party democratic elections after 30 years of autocratic rule under President Maumoon Abdul Gayoom, with Mohamed Nasheed taking power.
- India helped stabilise the country’s nascent democracy, which demonstrated its maturity with three different Presidents elected in the last 16 years.
- Myanmar (2010):
- India engaged with Myanmar after 20 years of military rule, facilitating elections where the military-backed USDP won.
- Aung San Suu Kyi’s release from imprisonment and her party’s subsequent electoral victories signaled the strengthening of democracy.
- Pakistan (2008):
- Pakistan saw the election of a civilian government, which pushed General Pervez Musharraf into exile, symbolising hope for democratic development in the region.
India’s role in regional development
- Between 2008-2010, India significantly increased its development assistance to its neighbours.
- India contributed to the rebuilding of northern Sri Lanka, extended a $1 billion credit line to Bangladesh, worked on connectivity projects in Myanmar, and provided budgetary support to the Maldives.
- This helped India to compete with China’s “chequebook diplomacy.”
Challenges in the Neighbourhood (2024)
Bangladesh’s collapse (2024)
- In August 2024, Sheikh Hasina’s government collapsed due to a combination of economic downturn, a democracy deficit, and violent suppression of student protests.
- India was caught off-guard, having failed to engage sufficiently with Bangladesh’s Opposition despite having a strong relationship with Ms. Hasina.
Sri Lanka’s crisis (2022)
- President Gotabaya Rajapaksa fled Sri Lanka amidst mass anti-government protests in 2022, leading to severe economic and democratic deterioration.
- Although India did not anticipate this, its $4 billion bailout was instrumental in stabilising Sri Lanka’s economy.
- India built political bridges across the Sri Lankan political spectrum, which now ensures strong ties regardless of electoral outcomes.
Unexpected results in the Maldives (2024)
- India misjudged the 2024 Maldivian elections, failing to anticipate President Mohamed Muizzu’s victory due to insufficient engagement with him earlier.
- India is now working to rectify this mistake and continues to extend support, having counselled former President Nasheed in 2008 on the importance of coalition politics.
Military takeover in Myanmar (2021)
- After three elections, Myanmar’s military reasserted control in February 2021, despite the National League for Democracy’s significant victory in 2020.
- India faces challenges as the conflict spills over into its northeast, complicating its relations with both the military and Opposition groups.
Afghanistan and Pakistan’s instability
- The Taliban regained power in Afghanistan in 2021 despite India’s warnings to the U.S.
- India was sidelined during U.S.-Taliban engagements, and now India is navigating the fallout from the Taliban’s return.
- Pakistan’s civilian government collapsed in 2022, with the military continuing to assert influence.
India’s Reaction and Lessons Learned
India’s response to neighbourhood upheavals
- India played a key role in stabilising Sri Lanka with a timely financial bailout.
- India has extended a hand of friendship to the new Maldivian government, engaged with the Taliban to safeguard its interests in Afghanistan, and re-established ties with Nepal after past tensions.
Complexities in Myanmar and Bangladesh
- Myanmar’s situation, with the military clinging to power and ethnic groups gaining strength, poses a significant challenge. India must recalibrate its approach to engage with all forces, including the Opposition and ethnic groups.
- Bangladesh remains crucial to India, but India must diversify its engagement with political parties to prevent external anti-India forces from exploiting the situation.
Need for sustained regional engagement
- India’s developmental support has been crucial in building strong relationships with its neighbours.
- As regional democracies face crises, India must focus on sustained, multi-level engagement with all political forces in its neighbourhood.
| PYQ: The diverse nature of India as a multi religious and multi-ethnic society is not immune to the impact of radicalism which has been in her neighbourhood. Discuss along with the strategies to be adopted to counter this environment. (200 words/12.5m) (UPSC CSE (M) GS-3 2014) |
| Practice Question: Discuss India’s evolving role in supporting democratic transitions in its neighbourhood from 2008 to 2024. How should India recalibrate its diplomatic strategies to address recent political upheavals in the region? (120 Words /15 marks) |
2. Reforming the process of judicial appointments
| Topic: GS2 – Indian Polity – Judiciary |
(Source – The Hindu, International Edition – Page No. – 9)
| Context |
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Judicial Pendency and Vacancies:
- As of April, around 60 lakh cases remain pending in various High Courts.
- 30% of seats in these courts remain vacant, leading to delayed justice.
Collegium System vs NJAC:
- The issue of judicial appointments is closely tied to the problem of case pendency.
- Delays in appointing judges often result from standoffs between the executive and judiciary.
- In 2014, Parliament enacted the National Judicial Appointments Commission (NJAC) Act and the 99th Constitutional Amendment, which sought to involve politicians and civil society in judicial appointments.
- However, the Supreme Court struck down the NJAC, claiming it compromised judicial independence, thus maintaining the collegium system, where judges appoint other judges.
- The decision has been criticised, as globally, judicial appointments often involve the executive and legislative branches.
Criticism of the Collegium System:
- The collegium system is often criticised for a lack of transparency and accountability.
- Nepotism is seen as a recurring issue in the system.
- Parliament believed the NJAC, led by the Chief Justice of India and involving the Law Minister, two eminent persons, and two senior judges, would bring transparency.
- The judiciary opposed NJAC, arguing it gave the government excessive control over appointments, endangering judicial independence.
- Some legal experts, including former judges, argue that NJAC could provide a better system.
International Models of Judicial Appointments:
- Many countries involve executive and legislative branches in judicial appointments.
- United Kingdom: The Constitutional Reform Act, 2005, established two Judicial Appointments Commissions (JAC) for the courts of England, Wales, and the Supreme Court. The 15-member JAC includes a chairman (always a lay member), six judicial members, two professional members (barristers or solicitors), five lay members, and one non-legally qualified judicial member.
- South Africa: Judicial appointments are made by the Judicial Service Commission (JSC), which advises the President. The JSC includes the Chief Justice, the Minister of Justice, advocates, attorneys, a law professor, and political representatives from Parliament and the President’s office.
- France: The High Council of the Judiciary oversees the appointment process, with the President holding a constitutional duty to safeguard judicial independence but not directly involved in selecting judges.
Reworking the NJAC:
- The NJAC offered a democratic structure that could have sped up the judicial appointment process.
- The collegium system lacks transparency, and its criteria for selecting judges are unclear, leading to concerns about favouritism and undermining meritocracy.
- While the NJAC had its faults, it could be reworked with input from the judiciary, executive, civil society, and Bar Associations to ensure balance between judicial independence and accountability.
Conclusion:
- A reformed NJAC system could improve efficiency in judicial appointments, foster better communication between the judiciary and other state branches, and address the shortcomings of the collegium system.
- Balancing the independence of the judiciary with transparency and accountability is crucial for maintaining public confidence in the system.
- Faster judicial appointments could alleviate the problem of delayed justice in India.
| PYQ: Critically examine the Supreme Court’s judgement on ‘National Judicial Appointments Commission Act, 2014’ with reference to appointment of judges of higher judiciary in India. (150 words/10m) (UPSC CSE (M) GS-2 2017) |
| Practice Question: Discuss the merits and demerits of the collegium system for judicial appointments in India. Should the National Judicial Appointments Commission (NJAC) be reconsidered? Justify your answer. (250 Words /15 marks) |
