Various constitutional bodies

Tribunals

• MHA amended Foreigners (Tribunal) Order, 1964 to allow all states (DMs in states empowered) and UTs to set up tribunals to determine illegal foreigners staying in India. (Earlier, only centre could). 
• Since Foreigners tribunals are unique to Assam, this amendment will be relevant only to Assam at present
• Amended order empowers individuals to approach tribunals. Earlier, only state administration could. 
• Foreigners’s tribunals
• Cnstituted under Foreigners tribunal Order, 1964. 
• MHA - empowered DMs in all states/UTs to set to tribunals. Earlier, power to constitute wAS only with centre (2019 amendment to Order)
• Their order declaring a person as illegal migrant is binding, and will prevail over govt. decision to include/exclude from NRC.
• (NRC draft - published by Registrar general of India)
• Provisions of Foreigners Act 1946 and Foreigners (Tribunals) Order 1964, only Foreigners Tribunals are empowered to declare a person as a foreigner
•  ‘burden of proof’ lies with the person, and not with the authorities
• absence of any provision related to the ‘burden of proof’ in the Illegal Migrants (Determination by Tribunals) Act, 1983. Act was struck down by the Supreme Court in Sarbananda Sonowal v. Union of India (2005)’
• In States other than Assam, a person suspected to be a foreigner is produced before a local court under the Passport Act, 1920, or the Foreigners Act, 1946
• Under 323-A, centre can also set up tribunal for a state, after receiving request from state govt. Haryana adm. tribunal set up. 
• TDSAT: Under TRAI act, 1997. 
• Decisions - appeal to the SC
• Jurisdiction extended to matters that lay before Cyber Appellate Tribunal, Airport Economic regulatory authority appellate tribunal. 
• TRAI: Under TRAI Act
• A chairman + 2 full time + 2 part time members
• Apointed by central govt for 3 yrs/65 yrs
• Tribunals rules 2020: 
• Appointments by Central govt on recommendation of search-cum-selection committee
• Composition of such committee for each tribunal - specified in schedule
• CJI/his nomination to be member of committee
• Committee will have power to recommend removal of member, conduct inquiry
• fixed term of 4 yrs to tribunal (3 yrs in finance act)
• Omitted 2017 rule which allowed person with no legal/judicial experience to be eligible for presiding officer post
• substituted judge of HC with CJ of HC in qualification criteria 

Bodies:

• NCPCR:
• Statutary
• UN-COnvention-on-Right-of-child
• Instrumental-in-passage-of-RTE,Juvenile-Justice-act,POCSO
• Implements:
• An audit report by NCPCR
  revealed that 54% of the schools did not provide mid-day meal as per the stipulated menu.
• Rehabilitate-children-in-conflict
• SEBI:
• Estb in 1988, given statutory powers in 1992, via SEBI Act. 
• Appeals - SAT, a 3 member bench. 2nd appeal to Supreme Court . 
• SAT also hears appeals IRDAI , Insurance act, General insurance business nationalizaton act. 
• Functions: Protect interest of investors in securities, development and regulation of securities market, prohibiting insider trading in securities. 
• Issues:
• Finance bill proposed amendment - 25% of SEBI’s annual surplus would go in its reserve fund, remaining 75% be transferred to Consolidated fund of India. 
• Will trim SEBI’s financial independence, hence affecting its financial autonomy , regulatory autonomy. 
• Amendment should not have come from a Money bill .
• India may lose its competitive edge globally, if SEBI does not have financial independence.
• (Pre): Size of such reserve fund should nt be more than total annual expenditure of preceding 2 years. 
• National crisis management committee - Temporary committee. Set up by Govt of India in wake of a natural calamity for effective coordination and implementation relief operations. Chaired by Cabinet secretary.
• NITI Aayog: At its core, two hubs - Team India hub for engagement with states and Knowledge and Innovation hub, for think tank capabilities. 
• National skill development fund - setup as a trust under Indian trust act. Fully owned by Govt. Accepts donations. 
• NATIONAL skill devp agency - fully autonomous under MSDE
• Nodal agency for state skill devp missions
• Raise extra-budgetary resources
• Finance commission: First constituted in 1952 (KC neogy). Presidential order under A280. 
• 15th FC - NK Singh: was reqd to submit 2 reports - recommendations for FY 2020-21 and for 2021-26. 
• ToR:
• Tax devn, grants in aid to states, augment consolidated fund of states, 
• Use census 2011 data for calc
• Keep in mind Union responsbilites for New India 2022 vision
• Recomm for fiscal consolidation of Union and states
• How to finance Disaster mgmt initiatves
• Recommend on continuing revenue deficit grants to states:
• States concern:
• A293: States can’t borrow without Union’s consent. ToR require FC to recommend on what additional conditions should Union impose on states here. States worried
• Performace based incentives to states
• States concern: manipur cna’t do as much as Mh to deepen GST tax net. Also, this is GST Council’s duty which is federal. FC not federal
• Popn replacement level: Gangetic states concerned
• Controlling expenditure on populist measures, power sector losses
• Behavioiral change to end open defecation: Swachh bharat imposed on us, but devolution our constitutional right
• Suggest ways for allocation of non-lapsable funds for defence and internal security. 
• 1st report:
• Devolution of taxes: decreased from 42% to 41% for 2020-21 (because of newly formed UTs of J&K and Ladakh)
• Criteria for devolution:
• 
• Income distance: avg of GSDPs of 3 yrs from 2015-16 to 2017-18
• Demographic performance - reciprocal of total fertility ratio of each state, scaled by 1971 popn data. (ratio of popn in 1971 to fertility rate in 2011)
• Forest and ecology: Share of dense forest of each state in aggregate dense forests of all states. 
• Tax effort: ratio of avg per capita own tax revenue and avg per capita state GDP during 3 yrs b/w 2014-15 and 2016-17. 
• Share out of 41% - all Southern states ka kam ho gaya, except TN. Max loss - Ktk.  Mh(Max gain) , Raj, Bihar, UP- increase hua. WB - fallen
• Grants-in-aid: 
• Revenue deficit grants - for 14 states, which have revenue deficits
• Grants to local bodies - 90k cr, of which 67.5% to rural, and rest to urban. (Increase over 2019-20). To be divided among states baed on popn and area in ratio 90:10
• Disaster risk mgmt :recommended setting up National and State Disaster Management Funds (NDMF and SDMF). Recommended to retain existing cost sharing pattern to fund SDMF (new) and SDRF (existing) - 75:25 and 90:10 (for NE and Himalayan). (28k cr for SDMFs. 80% for response and S20% for mitigation. 
• Performance based grants, sector specific grants
• special grants - for Ktk, Telangana and Mizoram - whose sum of revenue deficit grants and devolution is expected to ecline for 2020-21 as compared to 2019-20.
• On Fiscal:
• Did not give a fiscal and debt trajectory roadmap, coz uncertainties
• Recommended full disclosure of extra-budget borrowings by both centre and states. Elimination in time bound manner
• A statutary framework for sound PFMS
• Tax capacity: recommended broadening tax base, streamline tax rates, increase capacity of tax admns in all tiers. (Tax revenue of Centre and states together stood at 17.5% of GDP for 2018-19, much below capacity)
• Highlighted challenges to GST implementation: shortfalls, volatile collections, glitches in invoice, delay in refunds. States dependence on centre for compensation of shortfall in revenue -a concern.  
• 
• Conclusion: SDG-10: Reduce inequality within and among countries. SDG-16: Nations to build effective, accountable and inclusive institutions at all levels. 
• Survey of India- Oldest scientific dept of govt, 1767. Under DST
• UNCITRAL - a subsidiary body of UNGA. Estb in 1966, to faciliate international trade and investment. 
• Mandate: Promote progressive harmonization and unification of intl trade law. 
• sessions alternately in New York and Vienna, annually.
• International Arbitration Tribunal, constituted in accordarnce with UNCITRAL arbitration rules 1976 - at Hague, netherlands. Proceedings are admn by Permanent Court of Arbitration/ 
• Indian COuncil of Cultural relations: Min of external affairs. Founded by Maulana abul kalam azad in 1950, then edu minister. Promote cultural exchanges. 

• National Centre for disease control - Under DGHS, MH&FW. Estb - July, 1963
• National commission for safe karamcharis: constituted in 1994 as a statutory body. With the lapse of national commission for safe karamchari act in 2004, it is functioning as a non-statutory body since then, under MoSJE
• Scope enhanced after enactment of 'Prohibition of Employment as manual scavengers and their rehabilitation Act, 2013’. Monitor implementation of act, inquire into complaints, take sum-motu cognisance, advise for effective implementation of act. 
• Bureau of Indian standards:
• President - Minister in charge of ministry of consumer affairs.
• 
  
• 
  
• 
  
• CBI: operating under ministry of personnel. Setup in 1941. Brought under Home dept in 1946, fns enlarged to cover all depts of GoI. Name changed in 1962, powers expanded. 
• Powers under DSPE Act 1946
• Estb in 1962, based on reco of K Santhanam committee. 
• Section 2 of DSPE Act vests CBI with jurisdiction to investigate offences in the Union Territories only. Can be extended by Central govt to other areas (Section 5), provided state govts consent (Sec 6)
• Authorized to investigate only cases which Central govt notifies from time to time
• Can take up suo motu cases only in cases of offences in Union territories
• Directorate of Prosecution on SC direction in Vineet Narain. 
• Reforms needed:
• 2nd ARC - a new law should be enacted to govern its working. 
• Parliamentary standing committee reports - strengthen CB in terms of legal mandate, infra and resources
• Give pan-India jurisdiction , financial autonomy, functional autonomy
• FOr CBI to develop its own dedicated cadre of officers - not bothered about deputation and transfers - in line with international best practices. 
• Section 6a - reqd prior sanction while invstigating offences against snior bureaucrats. SC in 2014 held it violative of A14. Welcom move
• SC: Caged parrot
• Delays in invstigatiobs
• Loss of credibility: mishandling c=sensitive cases like Bofors, HAwala scandal etc.
• Limited powers : Subject to consent of states
• Exempted from RTI => lack of accountability
• Acute shortage of personnel
• NGT:
• NGT Act 2010. 
• Not vested with powers to hear cases related to Wildlife protection act 1972 and Indian forest Act 2006
• No suo motu. 
• Decision final? NGT can review own decisions. If it fails, decisions can be challenged in SC within 90 days. 
• Not bound by procedure under Code of Civil procedure. Principles of natural justice
• Mandated to make disposal of appeals within 6 months of filing
• Sanctioned strength of 40 - 20 judicial + 20 expert member
• Chairperson - Retired or serving HC CJ, or judge of SC>
• Selection comm headed by a sitting SC judge
• TRAI:
• GST Council: COnstitutional, A279(1)
• Composition: 
• Chairman - Union FM
• VC - One of the states’ FM
• Members - Union minister of state for Finance, state FMs/other minister nominated by state govt. 
• Voting strength - 1/3rd centre, 2/3rd states
• National Anti-profiteering authoity - constituted under CGST act. Headed by senior officer of level of secy, 4 technical members from centre and/or states.
• 
  
• Central Adoption Resource Authority: Statutary, Under Juvenile Justice Act, 2015.
• Petroleum conservation Research Association: A registered society under MoPNG. A non-profit, engaged in promoting energy efficiency
• Indian National Commission for Cooperation with UNESCO: etup in 1949, govt body functioning under Dept of Secondaryand Higher edu, MHRD. President - Minister , MHRD. Secretary General - Secy to GoI in Dept of Higher edu. 
• BRIT (board of radiation and isotope technology) - independent unit of DAE. Provides products and services based on isotopes an radiation for application in healthcare, agri, research etc. 
• National Sports Development Fund: Estb in 1998 under Charitable Endowments Act 1890. Notified by GoI
• India Infra Devp finance Co ltd: Whooly owned GoI company, estb in 2006, to provide long term finance to viable infra projects, via Scheme for financing viable infra projects. A SPV
• Registered as NBFC-ND-IFC with RBI
• Cabinet recently approved for increasing the authorized capital of IIFCL from Rs. 6,000 crore to Rs. 25,000 crore.
• NCLT:
• Appeals to NCLAT. Composition: CJI/his nominee as chair, senior SC judge/CJ-HC, Secretaries to ministy of corp affairs, law and justice, DFS. 
• NCLAT decisions - challenged in SC on a question of law.
• Bar Council of India: statutary body under Advocates Act 1961. Regulates legal practise and legal edu in India. Members elected from among lawyers in the country. 
• Has Rules on Professional standards. 
• An advocate is bound to accept any brief in courts or tribunals, at a fee consistent with standing at bar. Can refuse in ’special circumstances'
• Resolutions by Bar associations against representing accused in a court: completely illegal and unethical
• Tech Devp board: Under DST. Statutary. encourages enterprises to take tech oriented projects, provides equity capital, support. 
• Global Innovation and Tech alliance - Joint venture of CII, TDB.  Equity contri 51:49.
• Petroleum and explosives safety organization:  autonomous regulatory body under Dept of promotion of industry and trade, min of comm. Estb in 1898
• Statutary
• responsibilities under the Explosives Act, 1884; Petroleum Act, 1934; Inflammable Substances Act, 1952, Environment (Protection Act), 1986
• Head office: nagpur
• Chief commissioner of persons with disabilites - statutary body under Persons with disabilities act, 1955. 
• Ocean Accounts partnership: UN-ESCAP
• National Credit guarantee trustee Company - Dept of Financial services, Min of Finance. Paid up capital of 10 cr. Incorporated under Companies Act in 2014. 5 trust funds under it
• India observatory - Research Unit at LSE, estb in partnership with RBI and SBI
• Platform CoAST (COvid action support programme) India developed - GIS enabled dashboard reflecting movement of migrants in real time and on long journeys
• National centre for polar and ocean research - Min of Earth Sciences. Studies in Western Himalaya in Chandra basin, in Lahaul-Spiti, HP. Research station ‘Himansh’ at Sutri dhaka in Lahaul spiti
• Permanent Court of arbitration: Estb in 1889. Observer status with UN. Disputes b/w member states as well as private orgns arising out of any international agreement. 122 members. (ICJ - all UN members are party to it - 193 members). Inia is a member of both organizations. 
• All awards are FINAL and BINDING on parties. 
• Oil Industry development board - Under Oil Industries Act, 1974. Enacted followinf successive and steep increases in international prices since 1973. Under admn control of Ministry of Petroleum and Natural Gas.
• Indian Strategic Petroleum reserves Ltd - a SPV, wholly owned subsidiary of OIDB. 
• Strategic reserves in 3 places - Vishakhapatnam, Mangalore and Padur. 
• Two more proposed - Chandikhole in Orissa, And Padur in Karnataka
• Indian red cross society: estb under Indian Red cross society act  in 1920. Incorporated under Parli Act XV in 1920
• President: President of India. Chairman - Union Home minister
• chairman and 6 members nominated by Presi. 12 elected by state and UT branches through electoral college
• National Atlas and thematic mapping orgn - DST. Recently, Braile atlases for visually impaired. 
• Advisory board on banking frauds - by CVC. Frauds over 50 cr. HQ Delhi. RBI will provide secretariat services. Chair + 3
• Jurisdiction confined to cases involving GM and above in PSBs
• First level of examination
• CBI may refer cases
• Lenders would refer all cases 50 cr and above to board, and take action on it’s recommendations
• Law commission:
• 3 yrs tenure
• executive resolution
• Chairman is a retired judge of SC, as per convention
• advisory body to ministry of law
• 1st - 1834
• Global geothermal alliance: Launched at COP21 Paris. Supported and coordinated by International Renewable energy agency

New

• National data quality forum:
• ICMR, in collab with population council. 
• Establish protocols and goo practises while dealing with data collection, storage, use, dissemination. 
• Dedicated Freight corridor corporation of India: Corporation run by Min of Railways. Registered as a company under Companies Act 1956, in 2006. Carries out Western and Eastern Dedicated Freight Corridor.

                  

• Foreign Ministry - new division NEST (New and emerging strategic technologies) - nodal point for all matters related to new strategic techs. 
• Dispute redressal committee of MNRE - June 2019
• disputes between solar/wind power developers and NTPC/SECI. 
• both contractual and beyond contractual agreement
• Fees
• DRC recommendations will be placed before Minister MNRE for final decision.

Mains-Focus: Bodies:

ILO:  

Born out of ashes of the First world war, A UN specialised agency, founded in 1919 as part of the Treaty of Versailles. 187 members (186 are UN members + Cook Islands). HQ - Geneva, Switzerland

Aim: Set labour standards, develop policies and devise programmes promoting decent work for all men and women. Reflects the belief that universal and lasting peace can only be accomplished on the basis of social justice.

Successes:

    •    Has passed 189 conventions till date, some of which are groundbreaking in terms of impact. Eg - 2011 Domestic Workers convention recognises their unprotected and vulnerable nature, and obliges ratifying states to limit working hours and grant them basic rights.

    •    Abolition of child labour and the concept that the right place for a child is school and not workplace is ILO’s contribution to the world. (Minimum age Convention and Worst Forms of Child Labour convention)

    •    Declaration of Philadelphia adopted in 1944, and subsequent legislations to provide it legally binding force have contributed to establishing human rights of freedom of association, organise and collectively bargain and equal pay for equal work.

    •    Ending world slavery

    •    Contribution to world peace: For Instance,By giving legitimate support to Poland’s Solidarity trade Union in 1980, it played a major role in Poland’s emancipation from dictatorship. This eventually led to the fall of Berlin Wall within a decade.

    •    Continues to take up diverse issues from focus on rights of HIV/AIDS patients at workplace to climate migrants.

    •    Data and statistics: ILO reports provide valuable insights into working conditions of millions across globe.

Short-comings:

    •    Mired in bureaucracy, has failed to ensure its conventions are taken seriously by ratifying members. For instance, Qatar allowing forced labour in construction industry a few years ago was only publicly condemned by the ILO. No action taken

    •    Its technical and delivery capacity does not match its policy advocacy goals, diluting ground-level implementation goals. Eg - Forced labour continues to exist in agriculture in India, despite ILO programmes in the country

    •    Goals like elimination of forced labour, equal pay for equal work have still not been implemented in 100 years of existence. 21 million people trapped in some sort of labour enslavement even today.

    •    

India and ILO:

India, a founding member of ILO has had a long successful engagement with the body.

    •    India was the first country to join ILO’s International Programme on Elimination of Child Labour (IPEC). India continues to have the largest IPEC programme anywhere in the world.

    •    Indian Labour conference that meets every year , is modelled on ILO’s ILC.

    •    Strong consistence between India’s and ILO’s development and social goals. (India’s DPSPs)

    •    ILO’s Technical Support Team for South Asia is stationed in New Delhi. Provides technical support at policy and operational level to member-states.

    •    Issues: Due to ILO’s Quota system, India’s official representation in ILO is far lower than its economic and political strength. In 100 years of existence, an Indian member has never been Director General of ILO.

Although it has a long road ahead, ILO is one of the most active organisations of the UN, and has done justice to its slogan ‘‘If you desire peace, cultivate justice”

Pre-focus:

    •    Only tripartite agency of the UN. Brings together govts, employees and workers.

    •    Became a specialised agency of UN in 1946

    •    1969- Nobel peace prize for improving peace and fraternity among nations. ‘

    •    India is a founding member

    •    India has ratified 6 of its 8 core conventions.

    ◦    Forced Labour Convention (29)

    ◦    Abolition of Forced Labour Convention (105)

    ◦    Equal Remuneration Convention (100)

    ◦    Discrimination Convention (111)

    ◦    Minimum Age Convention (138)

    ◦    Worst Forms of Child Labour Convention (182)

Bodies at FAO:

• Biodiversity:
• Commission on Genetic Resources for Food and Agriculture
• International Treaty on Plant Genetic Resources for Food and Agriculture 
• International Plant Protection Convention 
• Policy:
• Voluntary code of conduct on responsibl fisheries,
• Ecosystem approaches to fisheries, 
• FAO-WHO intl code of conduct on pesticide mgmt
• Global Soil partnership - estb 2012. 
• TEEB

BIMSTEC

"SUSHMA Swaraj identified BIMSTEC as a natural choice for India, it is a logical outcome of dormant and moribund SAARC."

About BIMSTEC

•  June 1997 through the Bangkok Declaration.
• ;A regional organization
•  Bangladesh, Bhutan, India, Nepal, Sri Lanka and two from Southeast Asia - Myanmar and Thailand.
•  ;Dhaka, Bangladesh
  
  
  Strategic Importance of BIMSTEC - A new cartography for regionalism

 Geographical relevance -

o One-fourth of the world’s traded goods.

o 21 % of the world’s population.

 Economic integration for shared prosperity

o Average annual rates of economic growth 6%.

o Era of Protectionism - Need for India to diversify its export market.

o The FICCI report - Intra-regional trade among BIMSTEC countries was about $40.5 billion in 2016

with India having 50 per cent share.

 Regional Integration

o A bridge between South Asia and Southeast Asia.

o Development in North eastern states of India and integration into nation's socio-economic

development.

 Maritime Security:

o Blue Economy and comprehensive solution for maritime security.

 Connectivity: Trade, economic, transport, digital, and people to people connectivity.

 Foreign policy priorities -

o PM of India - BIMSTEC as a natural platform fulfilling our key foreign policy priorities of 'Neighbourhood First' and 'Act East,

 Connects not only South and Southeast Asia, but also the ecologies of the Great Himalayas and the Bay of Bengal.

 Strategic:

o Diplomatically isolating Pakistan in South Asia

o Countering China’s Belt and Road initiative.

o Strategy to expand its "sphere of influence" and secure the strategic space in the context of

China's geo-political and geo-economic interventions.

o Multilateralism and the rule-based international trading system;

Challenges

 BIMSTEC seen as rebound relationship and as a replacement of SAARC.

o India need to de-hyphenate the two models and present them as a zero sum game, BIMSTEC

should have a rationale of its own with a clear vision and actionable goals.

 Strengthen BIMSTEC secretariat - Lack of human and financial resource.

 Supremacy:

o Counter the impression that BIMSTEC is an India dominated bloc,

o Pursue GUJRAL doctrine

 Connectivity across the countries.

o Underdevelopment of North Eastern states in terms of infrastructure and connectivity will also be a major hurdle.

Regional Instability: in the form of Rohingya crisis and other intra and interstate issues can hamper the efficient and effective functioning of the grouping.

 BCIM: The formation of another sub-regional initiative, the Bangladesh-China-India-Myanmar (BCIM) Forum, with the proactive membership of China, has created more doubts about the exclusive potential of BIMSTEC.

Way Forward

 Political commitments,

 Increasing Economic Interdependence,

o Open BIMSTEC to cooperation with extra regional powers committed to inclusive regionalism like the Asian Development Bank.

 Improving physical and digital connectivity by building ports, economic corridors, multi-modal projects linking coastal ports to landlocked countries.

 Cultural connect and tourism - Like construction of Buddhist circuit.

 Institutional Mechanism: Like BIMSTEC Summit, Business Forum & Economic Forum within BIMSTEC

must be utilised actively.

 Expand India’s role as an informal leader.

Conclusion -



About SAARC

The South Asian Association for Regional Cooperation (SAARC) was established with the signing of

the SAARC Charter in Dhaka on 8 December 1985.

 SAARC comprises of eight Member States: Afghanistan, Bangladesh, Bhutan, India, Maldives, Nepal,

Pakistan and Sri Lanka.

 The Secretariat of the Association is in Kathmandu.

Strategic Shift From SAARC to BIMSTEC - Combination of two broad factors - Indo-Pak rivalry and imagining its neighbourhood from a maritime frame of reference rather than a continental one.

 Shift from SAARC to BIMSTEC is a shift of convenience and necessity

 BIMSTEC partners for PM second swearing in ceremony in 2019, SAARC leaders in 2014 swearing in

ceremony.

 Alongside the BRICS summit in Goa, PM hosted an outreach summit with BIMSTEC leaders.

BIMSTEC countries supported boycott of the SAARC summit scheduled in Islamabad in November 2016.

Since then SAARC hasn't breathed yet.

 "opportunities must be realised through SAARC or outside it" and "among us all or some of us" - PM

Why SAARC failed?

  “slow boat to nowhere” - C. Raja Mohan, SAARC has been unable to solve a major puzzle since its

inception—how to be a functional organization that is able to produce successful outcomes without

being impacted by the fundamental differences between India and Pakistan.

 Obstructionist approach from Pakistan.

 SAFTA that came into in 2006, is not fully operational.

 SAARC Motor vehicle agreement also failed to reach its final conclusion, as Pakistan opted out of it and

India had to look for BBIN (Bhutan, Bangladesh, India and Nepal) agreement in 2015.

 Withdrawal of Pakistan from SAARC satellite compelled India to rename it as South Asia Satellite.

 Asymmetrical power balance: Intraregional trade is just 5%, big brother syndrome.

No dispute resolution mechanism

 ;Mistrust and suspicion among the members not only hinders bilateral growth and development but

also made SAARC as dysfunctional grouping.

 Terrorism and cross border insurgencies.

Geographical contiguity, abundant natural and human resources, rich historical linkages and cultural

heritage of BIMSTEC present great potentials for promoting deeper cooperation.

o Its success depends on how members make the organization a priority, endow it with adequate resources, and enact reforms to strength its capabilities.

SAARC

Complementarity between SAARC and BIMSTEC -

•  The two organisations—SAARC and BIMSTEC—focus on geographically overlapping regions.
•  BIMSTEC provides SAARC countries a unique opportunity to connect with ASEAN.
•  The success of BIMSTEC does not render SAARC pointless; it only adds a new chapter in regional
  
  
  cooperation in South Asia.

SAARC	BIMSTEC
A regional organisation looking into South Asia Established in 1985; a product of the Cold War era Member countries suffer for mistrust and suspicion Suffers from regional politics Asymmetric power balance Intra-regional trade only 5 percent	Interregional organisation connecting South Asia and South East Asia. Established in 1997 in the post-Cold War. Members maintain reasonably friendly relations Core objective is the improvement of economic cooperation among countries Balancing of power with the presence of Thailand and India on the bloc Intra-regional trade has increased around 6 percent in a decade

Indo-Pacific –

    a.    Like every imaginative space, Indo-Pacific is a construct of contested interpretation.

Intro - The acceptance of the Indo-Pacific as a single strategic construct linking the contiguous waters of the western Pacific and the Indian Ocean has gained currency in the last few years with the shift in the geopolitical center of gravity to this region.

    b.    Indian Ocean and the Pacific are a linked strategic theatre.

    c.    The centre of gravity has shifted to Asia. Majority of the world’s trade passes through these oceans.

    d.    What characterises the Indo-Pacific –

    i.    In terms of geo-spatiality, an interconnected space as a result of forces of globalisation from eastern shores of Africa to Western coast of USA.

    ii.    Strategically, as a continuum across the two oceans due to growing footprint of China //(Territorial advances in South China sea, String of port facilities in south Asia waters becoming a resident power, binding the geopolitical space through BRI, economic partnership)// and relative decline of US in the region as a net security provider //on account of withdrawal from TPP and calls for equitable sharing of burden for its allies.//

    e.    The U.S. considers it to be a free and open Indo-Pacific, highlighting the importance of rules or norms of conduct in the region, thus trying to contain the role of China in the region.

    f.    Australia, argued for a balance between the United States and China and free and fair trade with other partners in the region.

    g.    Japan's “confluence of two seas” - Japan’s idea of the Indo-Pacific overlaps with the U.S. vision but with a strong emphasis on promoting infrastructure, beyond East Asia into Middle East and Africa.

    h.    ASEAN nations have taken a more functional outlook towards the Indo-Pacific, basing its strategy on four aspects – maritime cooperation, connectivity, sustainable development and economy. The ASEAN countries look at Indo-Pacific as a consociational model.

    i.    India’s imagination of the Indo-Pacific -

    i.    It is an extension of its advances in the east through the Act East Policy.

    i.    India views the Indo-Pacific as a geographic and strategic expanse, with inclusiveness, openness, and ASEAN centrality and unity, at the heart of the Indian notion of Indo-Pacific - PM MODI at SHANGRI LA Dialogue in 2018.

    ii.    India’s Indo-Pacific strategy echoes the concerns of the U.S. alliance to bring about a rules-based order characterized by freedom of navigation and settlement of disputes through dialogue, it has also mentioned that its idea of the Indo-Pacific is not about restricting a particular state, hinting China, and also a parallel focus on its Security and Growth for All in the Region approach, coined SAGAR. 

    •    Indo-Pacific wing in the (MEA) in April 2019 is a natural corollary to this vision to provide a strategic coherence to Indo-Pacific vision, integrating the IORA, the ASEAN region and the Quad to the Indo-Pacific dynamic.

    •    Dynamic coupling as seas of freedom and of prosperity.

    •    A ‘broader Asia’.

    •    India is looking for democratising the region.

 

Many mechanisms and engagement of India showing growing importance of Indo-Pacific in the region.

    •    India’s Act East policy remains the bedrock of the national Indo-Pacific vision and the centrality of ASEAN is embedded in the Indian narrative.

    •    Indian Ocean Rim Association (IORA),

    •    ASEAN-led frameworks like

    •    East Asia Summit,

    •    ASEAN Defence Ministers’ Meeting Plus,

    •    ASEAN Regional Forum

    •    Bay of Bengal Initiative for Multi-Sectoral Technical and Economic Cooperation and the

    •    Mekong-Ganga Economic Corridor.

    •    Indian Ocean Naval Symposium

    •    FIPIC

    •    India - Africa - AAGC, India - Africa forum summit in 2015, saw participation from 51 nations from Africa.

    •    India’s multi-layered engagement with China, informal summits and WUHAN spirit as well as strategic partnership with Russia.

    •    QUAD

 

Conclusion -

    •    A rising China, a defiant United States, and a host of other regional actors in the ongoing Indo-Pacific are likely to define the politics of the region, which is open to multiple possibilities.

    •    C RAJA MOHAN -

    •        Indo-Pacific is a natural sphere of influence for India and it should strive to become the net security provider in the region.

    •    Pursue strategic influence — through a growing maritime orientation, shaping the Indo-Pacific regional balance of power, reclaiming a lost sphere of influence, and becoming an active participant in regional institutions.

Way Forward

    •    Equal access as a right under international law to the use of common spaces on sea and in the air.

    •    Establish connectivity in the region based on respect for sovereignty and territorial integrity.

    •    Maritime Domain Awareness (MDA) is necessary for Indo-Pacific security.

    •    Multipolarity

    •    Strong naval capabilities, multilateral diplomacy, economic integration with nations is necessary for India to meet the challenges within the Indo-Pacific region.

    •    India needs to stick to its vision of the India Ocean i.e. SAGAR - Security and Growth for All in the Region.

    •    Hosting a summit-level meeting with the member states of both the IORA and FIPIC would demonstrate India’s commitment to the full region and serve as a physical manifestation of the confluence of the two oceans in the Indo-Pacific.

    •    Expand the Milan Naval Exercise to include the U.S., Japan, and France.

    •    India - Africa forum summit in 2015, saw participation from 51 nations from Africa.

    •    Announce next steps in the Asia-Africa Growth Corridor.

    •    The AAGC had four key components: development and cooperation projects; quality infrastructure and institutional capacity; capacity and skill development; and people-to-people partnerships.

UNESCO:

Founded: Nov, 1945. Specialized agency of the UN based in Paris. India is a founding member

Objective: Contribute to peace and security by promoting international collaboration through educational, scientific and cultural reforms in order to increase universal respect for justice, Rule of Law & human rights.

Work:

5 Areas of work: Education, natural sciences, social sciences, culture and communication. Sponsors projects on literary, technical training, teacher-training programmes, cultural history, freedom of media etc.

Programmes - Man and Biosphere project, UNESCO world heritage sites

Importance: Political and economic arrangements not enough for lasting peace. Peace must be built upon dialogue and mutual understanding, supplemented with intellectual and cultural solidarity.

Structure:

• General Conference: Highest decision-making body. Has representatives of all member states,
  
  
  meets every 2 years. Each country has one vote
• Executive Board: Has 58 members, elected by the General conference for a period of 4 yrs.
  
  
  Ensures overall management of UNESCO, smooth implementation of GC’s decisions.
• Secretariat - consists of civl servants from member countries. Staff-work. Implement
  
  
  programmes of UNESCO.
  
  
  Issues with UNESCO:
• Finance: High dependence on few developed countries. US contributed 22% of UNESCO’s total budget.
• Coordination: Programmes in many diverse domains, lack of coordination among activities leading to inefficiencies, over-bureaucratization. German Economist Heufner recommended to concentrate on specific goals, and give up inclination to deal with every subject matter.
• Staff limitations: Over-dependence on member countries for staff.
• Accusations of biased behaviour - Recently US, Israel quit citing biased behaviour towards Palestine.
  
  
  UN-ECOSOC:
  
  
  One of the six principal organs of UN, established by the UN Charter in 1946.
  
  
  Structure:
• 54 members. Membership based on geographical representation (Quotas fixed from Asia, Africa, Europe, Latin America etc). 
• Members elected from General Assembly, for overlapping 3 year terms. 2/3rd votes needed. (General assembly selects 18 members each year, who retire in 3 yrs.) India is currently a member (Jan 2018- dec 2020)
• President elected for a 1-year term.
• Decisions by simple majority. •
  
  
  Functions:

1. Direct and coordinate economic, social, humanitarian and cultural activities of UN and its

bodies

2. Conduct studies related to social development, human rights, narcotics, role of S&T, status of women etc.
3. Promote higher standards of living, employment, economic and social progress

4.

Issues:

• Little authority in international policy making. Placed under the authority of General assembly, it

can only make recommendations to the GA. No decision-making powers

• A size of 54 - too large for constructive negotiations. Critics argue for a smaller and more

efficient ‘Social and Economic Security Council’.

• On the other hand, too small to function as a representative body

• Overlapping functions with other bodies - UN-HRC on the issue of human rights, IMF and WB

on economic issues.

Recommendations: An Economic Security Council with decision making powers at par with UNSC, with a much smaller size. Membership should rotate among members on an equitable geographical bases.

Extras.

UN Committee on Economic, social and Cultural rights - setup by ECOSOC in1985. Monitors implementation of International Covenant on Economic, social and cultural rights. Holds 2 sessions a year.

• special procedure- to oversee investigations of violations inspecific countries.
• Upr:   periodic review of all 193 countries.
• NAM: n ◦
  
  
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• BRICS: n
  
  
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Founded 1961, Belgrade. By Yugoslavia, India, Egypt, Ghana and Indonesia n Origins in Asia-Africa conference held in Bandung, Indonesia in 1955. n Based on 5 principles of Panchsheel (mentioned above) n

Acceptance of inevitability of war, but at the same time, conviction to avoid it n Independent foreign policy, based on solid moral and political foundation. n Benefits to India - n

Important role during Cold War in furthering India’s causes - Decolonization, end to apartheid, global nuclear disarmament, ushering in of new world order. n

Enabled sovereignty to new born countries like india, alleviated fears of neocolonialism. n

Soft-Power leadership n

Balanced friendship n

Becoming irrelevant? Shift to a multi-polar world, could not push for reforms in global bodies, inability to solve West-Asian crisis, most members economically weak.

11th summit - held Nov 2019, in Brasilia. Theme: “Economic growth for an innovative future" n

BRICS together - 40% of world population, 23% of world’s GDP and 17% of world trade. n

Economic cooperation - n

Growing BRICS significance: n

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New Development Bank (HQ -Shanghai, Agreement establishing NDB - 6th summit, Fortaleza) n

▪

Way forward: Bank should expand into a ‘global development finance institution' n

Achievements: Has 44 projects with lending touching 12 bn $ in just 5 years n

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Partnership on New Industrial Revolution n

Establishment of industrial and science parks, innovation centres to

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Counter-terrorism narrative strengthening n

Collective support to call for reforms in global institutions. Successfully

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Contingent Reserve Arrangement (6th summit) - Local currency bond fund. Short term liquidity support to members through currency swaps. n

BRICS Business Council - for business cooperation among member states. n

Knowledge cooperation - n

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take place. n

managed to push for IMF quota reforms in 2010. n

People-to people exchange - Young Diplomats Forum, Parliamentarians

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Forum, Media Forum etc n

Challenges: n

Heteogeneity of BRICs nations n

China-centric n

LAcks a global model for governance. (Regional approach) n

ASEAN framework for RCEP was adopted at 19th ASEAN summit in 2011 in Bali, Indonesia n

Joint declaration for launch of RCEP negotiations occurred in 2012 in Phlom Penh, Cambodia, at 21st summit n

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• RCEP: n

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ASEAN, and 6 States with which ASEAN have existing FTAs - Australia, New Zealand, India, China, Japan and S. Korea n

Would become the world’s biggest Free trade pact n India’s wariness: n

Impact of greater access to Chinese goods on Indian manufacturing sector - India has proposed differential market access strategy for China n

Demands for RCEP countries for greater market access than India is willing to provide n

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▪ n

E-commerce part of the discussions. Will weaken India’s stance against inclusion of digital trade at WTO n

Dairy flooding from Australia , NZ and plantation crops from ASEAN will affect farmers n

Stricter IPR regime will hinder seed freedom of farmers. n

India may lose out to financial and tech hub of Singapore, Dairy and agri

majors Australia and N.Z etc n

May lead to circumvention of Rules of Origin norms n

Free data flow clauses -may go against our data protection regimes n