28 February 2025 : The Hindu Editorial Analysis

1. A process where free and fair elections will be a casualty

(Source – The Hindu, International Edition – Page No. – 8)

Background

• A new law was enacted in 2023 for the appointment of the Chief Election Commissioner (CEC) and Election Commissioners (ECs).
• This law was passed under Article 324(5) of the Constitution following a Supreme Court order in March 2023.
• Earlier, the CEC and ECs were appointed solely by the President based on the Prime Minister’s recommendation.
• The Supreme Court found this process unsatisfactory, as it could affect the impartiality of the Election Commission of India (ECI).

Challenges Against the Law

• The law has been challenged for not following the earlier Supreme Court directive regarding the selection panel’s composition.
• The new selection committee structure creates a built-in majority for the government, making the process less independent.
• The LoP has dissented in the selection process, arguing that it should be paused until the court reviews the law.

Concerns Over Selection Process

• The ECI has the constitutional duty to conduct free and fair elections, as stated in past court rulings.
• With 960 million voters, India’s electoral process is the largest in the world, requiring unbiased leadership in the ECI.
• The new selection method does not ensure the appointment of individuals with absolute impartiality and proven competence.

Issues with the Composition of the Selection Committee

• The selection committee is chaired by the Prime Minister, with a cabinet Minister chosen by the Prime Minister and the LoP as members.
• The President is required to appoint individuals recommended by this committee.
• This structure gives a clear majority to the government-supported candidate, as the cabinet Minister is unlikely to oppose the Prime Minister.
• The selection process does not allow a fair assessment of all potential candidates.

Lack of Fairness and Objectivity

• A cabinet Minister, being a subordinate of the Prime Minister, cannot independently assess candidates.
• The law ensures a predictable outcome, favoring the government-supported candidate.
• An independent selection process should have members capable of making unbiased decisions, but this law does not guarantee that.

Constitutional Concerns

• The law is considered arbitrary and lacks a rational basis, which may violate Article 14 of the Constitution.
• The fairness of elections is a part of the basic structure of the Constitution, and a biased selection process can undermine free and fair elections.
• The Supreme Court will have to review whether this law upholds constitutional principles.

Conclusion 

• The new law raises concerns over fairness and impartiality in appointing Election Commissioners, potentially undermining free and fair elections.
• The Supreme Court’s review will determine its constitutional validity and democratic impact. 

2. Trump 2.0 and the new matrix of U.S.-India defence ties

(Source – The Hindu, International Edition – Page No. – 8)

Strengthening Defence Ties

• A recent official visit has bolstered defence cooperation between India and the United States.
• The visit resulted in agreements to expand military interoperability between both nations.
• India is set to proceed with the purchase and co-production of ‘Javelin’ Anti-Tank Guided Missiles (ATGM) and ‘Stryker’ Infantry Combat Vehicles (ICVs).
• Co-production of these systems will enhance domestic manufacturing and integrate India into the global defence supply chain.

Expanded Defence Acquisitions

• India will procure six additional P-8I maritime patrol aircraft to strengthen its Maritime Domain Awareness (MDA).
• Both nations will sign a new 10-year Framework for Defence Partnership.
• Enhanced collaboration in Unmanned Aerial Systems (UAS) and autonomous systems is being promoted.
• Cooperation includes contracts between Indian and U.S. defence firms for the development of Active Towed Array Systems (ATAS).
• A fresh initiative, named the Autonomous Systems Industry Alliance (ASIA), will further cooperation in this sector.

Potential Areas of Future Cooperation

• Increased collaboration is expected in undersea systems and fifth-generation fighter aircraft.
• Accelerated cooperation is being explored in space, air defence, and anti-tank missile systems.
• A review of existing arms transfer regulations is planned to improve synergy in defence trade.
• The Reciprocal Defence Procurement (RDP) agreement aims to streamline defence acquisition and mutual supply of military equipment and services.

Challenges in Defence Cooperation

• The agreement does not mention the immediate delivery of General Electric (GE) F-404 engines for Tejas-Mark 1A fighter jets.
• The lack of progress in transferring 80% of technology for GE’s F-414 engines to India is a concern.
• There was a discussion on the potential purchase of the F-35 fighter aircraft.
• However, the integration of the F-35 into the Indian Air Force (IAF) would be complex due to existing capability gaps.

Indian Air Force Modernization Issues

• The IAF faces delays in the induction of Tejas-Mark 1A and Mark-II fighter jets.
• These jets are crucial replacements for the retiring MiG-21 squadrons.
• Fighter squadron strength could fall below 30, posing a significant challenge to India’s defence preparedness.
• The Medium Multi-Role Combat Aircraft (MMRCA) project, originally initiated in 2000, has faced multiple delays and revisions.
• The previous selection of Rafale jets was affected by disagreements over the Transfer of Technology (ToT) and cost considerations.

Concerns with the F-35 Fighter Jet Offer

• A previous proposal to sell the F-35 fighter jet to India has resurfaced.
• The F-35 deal lacks co-production or ToT benefits.
• Each F-35 jet is priced at $80 million, whereas India previously bought Rafale jets at $244 million per unit, including advanced weapon packages.
• Integrating the F-35 would require significant infrastructure and maintenance costs.
• The deal could also involve intrusive on-site inspections and operational restrictions from the United States.

Conclusion

• The bilateral defence relationship has gained momentum with new agreements and initiatives.
• However, key challenges, such as the delayed GE engine supplies and the complexities of integrating the F-35, must be resolved.

Read more – 27 February 2025 : The Hindu Editorial Analysis