08 November 2023

MAINS DAILY QUESTIONS & MODEL ANSWERS

Q1. In light of the Chief Justice of India’s concern regarding pending disqualification petitions in the Maharashtra Assembly, discuss the issues present in anti-defection law that lead to such issues.

GS III – Parliament-related issues

Introduction:

• The 52nd Constitutional Amendment Act, which established India’s anti-defection law, was passed in 1985 with the goal of preventing political instability and guaranteeing that elected officials continue to answer to the electorate. The provision is included in the Tenth Schedule of the Constitution. Nevertheless, a number of problems and gaps have surfaced over time, adding to the backlog of disqualification petitions in legislative assemblies such as the Maharashtra Assembly.
• According to the Tenth Schedule, the Speaker or Chairperson of the legislative houses has the last say over whether to disqualify a member under the anti-defection provision (Articles 89, 93, 178, and 182 of the Indian Constitution).
• The Speaker or Chairperson hears the case and makes the decision when a defection complaint is made against a member.

The anti-defection law’s shortcomings lead to these problems:

• Partisan Speakers and Lack of Independence: In the 1992 case of Kihoto Hollohan versus Zachillhu, one of the judges noted that since the Speaker is elected and appointed by the majority of the House, there is always a possibility of bias regarding their position (more especially, the ruling party’s).
• Time Delays and Absence of Accelerated Procedures: The statute does not specify when cases must be resolved, which causes excessive delays.
• Absence of Clarity on “Voluntarily Giving Up Membership”: According to the law, a lawmaker may lose their seat if they “voluntarily give up membership” in their party. Unfortunately, there isn’t a precise definition for this term, therefore it can be interpreted and used incorrectly.
• Splitting Parties Exception: Two-thirds of a party’s members may combine without being disqualified under the anti-defection law’s splitting exception. It is possible to abuse this clause.
• Limit Legislators’ freedom: Anti-defection laws give the whip more power over duly elected lawmakers and force them to obey the whip’s orders.
• Absence of Public Scrutiny: Disqualification cases frequently receive little transparency or public attention.

Possible fixes for their correction:

• Establish a deadline for the Speaker to rule on petitions for disqualification. This will make sure that those who defect can’t continue to reap the benefits of the position for an extended amount of time.
• In order to prevent misunderstandings and improper application of the law, the Halim Committee (1998) suggested that the term “Voluntarily Giving Up Membership” be clarified and defined.
• The Supreme Court suggested that Parliament modify the Constitution to give these powers to an independent tribunal led by judges in Keisham Meghachandra Singh v. The Honble Speaker Manipur (2020).
• Adhere to International Practise: In Britain, the Speaker steps down from their political party after being elected to office. He or she runs for office as “the Speaker seeking reelection” in consecutive House of Commons elections rather than as a member of any political party (Once a speaker, always a speaker). This is to demonstrate their objectivity as the House’s leader.
• In the 1993 decision of Kihota Hollohan v. Zachilhu, the Supreme Court upheld legislators’ freedom of choice (conscience-based voting) over party convenience.
• Accountability and Transparency: To ascertain whether a lawmaker’s acts are voluntary, make sure that political parties’ internal procedures are transparent.
• Public Awareness Initiatives: Start initiatives to inform the public and lawmakers about the ramifications and terms of the anti-defection law.

Way Forward:

• In light of the fact that India’s score on the EIU Democracy Index 2022 has drastically dropped in recent years—it currently has the lowest score of 5 for political culture—it is expected that Parliament will take action to strengthen and revitalize both the Speaker’s institution and more extensive electoral reform nationwide.

Q2. In Beijing, China and Bhutan recently concluded their 25th round of boundary negotiations and signed a “Cooperation Agreement.” In light of this development, what steps can India take to strengthen its relationship with Bhutan and assess the impact of this agreement on India’s interests?

GS II – International relations

Introduction:

• In Beijing, China and Bhutan concluded their 25th round of boundary negotiations, signing a “Cooperation Agreement” that defines the Joint Technical Team’s (JTT) responsibilities for demarcating and limiting their shared border. Since 2016, these talks have been on hold, mostly because of the Doklam stalemate in 2017. To assist in carrying out the Three-Step Roadmap, the JTT was established in 2023. For the first time, a boundary between Chinese and Bhutanese territory will be drawn with clarity using this Roadmap.

The Three-Step Roadmap includes the following stages:

• Accepting the boundary “on the table.
• Seeing the locations in person.
• Formally defining the limits.

Effect of this agreement on India’s interest:

• Strategic Security Concerns: India’s regional strategic security may be impacted by the accord, which could strengthen China’s influence in Bhutan. One of China’s ideas is to “swap” sections of Doklam, which are currently under Bhutanese sovereignty, for lands that China claims are in Jakarlung and Pasamlung.
• Sovereignty and Integrity of India: The Doklam plateau is crucial to India’s security since any Chinese domination there could endanger the Siliguri Corridor, also referred to as the Chicken’s Neck, a 22-kilometer (14-mile) tract that links the country’s northeastern states to the mainland. Beijing would have unrestricted mobilization and more access routes in the event of a military confrontation with New Delhi if Beijing controlled the disputed Doklam plateau.
• Potentially included in Big Game: In 2020, China annexed Bhutan’s Sakteng’s Eastern section (Sakteng Wildlife Sanctuary), which borders Arunachal Pradesh in India. Tawang (formerly known as Arunachal Pradesh) formerly governed Tibet; now, China is in charge of Tibet. Tawang was originally under the jurisdiction of Tibet. supporting China’s claim to Arunachal Pradesh in the process.
• Economic Impact: This deal could lead to increased trade between China and Bhutan and less economic reliance on India for Bhutan, which would lessen India’s sway. China shipped $108 million to Bhutan in 2021. China’s exports to Bhutan have grown at an annualized rate of 27.4% during the past 26 years, from $199k in 1995 to $108M in 2021.

In view of this progress, India might adopt the following actions to strengthen its ties with Bhutan:

• Continue Your Economic and Security Assistance to Bhutan: In order to demonstrate its commitment to the country, India, Bhutan’s main donor and security supplier, should continue its assistance. Contribute to Bhutan’s development goals by providing funding, market access, and technical assistance to improve the standard of living for its people and strengthen the country’s economy.
• Invest in Bhutan’s Infrastructure: By funding projects including roads, trains, and hydropower plants, India can improve Bhutan’s economic growth and connectivity.
• Encourage Cultural and Educational interactions: To improve people-to-people ties and foster a deeper level of understanding, promote cultural and educational interactions between Bhutan and India.
• Maintain Ongoing Discussions: Establish a framework for problem-solving by holding frequent discussions at all levels with Bhutan in order to promote trust and understanding.
• Preserve Bhutan’s Unique Culture: By aiding in the preservation of cultural assets, tourism, and education, you can help Bhutan maintain and grow its unique culture and identity.

Way Forward:

• China has asserted its claim over areas such as Scarborough Shoal in the Philippines and Paracel Islands in Vietnam by a variety of covert tactics, including “Salami Slicing.” This is the reason for the fear that similar strategies are being used in the case of Bhutan as well. India needs to make every effort to prevent Bhutan from being the victim of this technique.