02 May 2023

DAILY CURRENT AFFAIRS ANALYSIS

1 – Referendum: GS II – Constitution-related issues:

Context:

• The proposal by President Shavkat Mirziyoyev to change the country’s Constitution, which would have granted citizens greater liberties and allowed the president to serve more than the present two terms, was overwhelmingly supported by Uzbek voters in a vote held on Sunday.

About:

• Referendums are a specific kind of vote used to change a country’s structure of government or constitution. Using this direct democracy strategy, citizens can cast an open vote on a particular issue. Particularly in modern states where individuals have more sway over policy, they are viewed as a more democratic tool. Referendums are typically held on topics with significant political significance, though they might be called in reaction to particular circumstances or political concerns. A referendum is defined differently in each nation.

Historical background:

• Early in the nineteenth century, referendums made their first appearance in Switzerland.
• The facultative, or optional, referendum was first used in the canton of St. Gall in 1831.
• In the rural Basel canton, the first mandatory referendums were introduced in 1863. The scheme was carried out by Vaud in 1845.
• People who believed that the government was unconcerned with the wishes of the general public or who opposed machine politics passed referendums in the US.
• Similar to the recall, these devices are not legal everywhere; rather, they are only allowed in a select few states and localities.

Referendum in India:

• Referendums are not officially mentioned in the Indian Constitution.
• Therefore, the referendum is neither forbidden nor illegal in India.
• Referendums were used in India. For instance, Sikkim conducted a referendum to dissolve the monarchy on April 14, 1975. With 97.55 percent of the vote, the state was declared an Indian state.
• How the Union Territory of Goa, Daman, and Diu would operate as a part of the Indian Union was decided by the Goa Opinion Poll, which was conducted on January 16, 1967 in the Indian state of Goa.

Features of referendums include:

• Referendums are the best political tool for expressing direct democracy, but in today’s environment, most referendums must be viewed through the lens of representative democracy.
• They are often used sparingly, addressing matters such as voting procedure changes or even outright secession from a national union.
• After a referendum’s success or failure, pro- or anti-autonomy movements have occasionally erupted.
• On numerous occasions, currently-elected officials lacked the power or motivation to put referendum-driven changes into effect.
• Voters have the opportunity to weigh in on a particular subject or question during referendums. Although the specifics may differ from one country to another, the end goal remains the same.
• Referendums are forbidden and not mentioned in the Indian Constitution. However, Sikkim conducted a referendum to depose the king, and as a result, the country became an Indian state.

Criticism:

• Populist Aspect: It has been argued that referendum voters lack the knowledge necessary to make informed decisions on complex or specialised matters or are easily swayed by fleeting whims rather than deliberate consideration.
• Propaganda, powerful individuals, intimidation, and expensive advertising operations may also influence voters.
• Examples of this include the ascent of Adolf Hitler in Germany and Benito Mussolini in Italy.
• Closed questions and the problem of separability The use of closed questions has drawn criticism from some referendum sceptics. A referendum containing two or more topics can be ruined by the separability problem.
• Limitations on fundamental government power that are unreasonable: According to some detractors, the use of people’ initiatives to modify constitutions has forced the government to abide by an unmanageable web of popular demands.
• The situation becomes similar when elected governments accumulate significant debt.

Source The Hindu

2 – ASEAN: GS II – International Relations:

Context:

• AIME, the first ASEAN-India Maritime Exercise, will advance the growing military cooperation between India and ASEAN (Association of South East Asian Nations). AIME will begin on May 2 with war games in the South China Sea. Navy Chief Adm. R. Hari Kumar is in Singapore to attend the International Maritime Security Conference (IMSC) and the International Maritime Defence Exhibition (IMDEX-23), as well as to take part in the exercise.

About ASEAN:

• The Association of Southeast Asian Nations was established as a regional group to promote political and social stability in response to rising tensions among the post-colonial states of the Asia-Pacific.
• The motto of ASEAN is “One Vision, One Identity, One Community”.
• On August 8, Asean Day is observed.
• Indonesia’s Jakarta is home to the ASEAN Secretariat.

What Country Is the Origin of ASEAN?

• The ASEAN Declaration, commonly referred to as the Bangkok Declaration, was signed in 1967, marking the beginning of ASEAN.
• The founding members of ASEAN are Indonesia, Malaysia, the Philippines, Singapore, and Thailand.
• 1990s – The region’s circumstances altered and its population more than doubled after the end of the Cold War in 1991 and the Vietnam War in 1975.
• Cambodia was joined in 1999, Laos and Myanmar in 1997, Vietnam in 1995, Brunei in 1984, and Laos and Myanmar in 1984.
• In 1995, members decided to create a nuclear-free zone in Southeast Asia.
• In 1997, the ASEAN Vision 2020 was adopted.
• The ASEAN Community was established as a result of the 2003 signing of Bali Concord II.
• The 2007 Cebu Declaration intends to have the ASEAN Community established by 2015.
• The ASEAN Charter is a legal contract that is upholdable in court as of 2008.
• The ASEAN Community will be launched in 2015.

The ASEAN Community is supported by the following three pillars:

• ASEAN’s Political-Security Community.
• ASEAN Economic Community.
• ASEAN’s Socio-Cultural Community.

What objectives does ASEAN hope to accomplish?

• to hasten social growth, cultural development, and economic prosperity for Southeast Asian countries’ prosperous and peaceful societies.
• to maintain the principles of justice, the rule of law, and fairness set forth in the UN Charter in order to promote peace and stability within the region.
• to promote active collaboration and reciprocal assistance on topics of shared concern in the fields of administration, economy, society, culture, technology, and science.
• to collaborate more effectively in order to improve people’s quality of life through more trade, increased agricultural and industrial production, better transportation, and improved communications.
• to promote Southeast Asian research.
• to continue productively and closely collaborating with the current regional and international bodies.

Cooperation between India and ASEAN?

• India’s connection with ASEAN is a key element of her foreign policy and the foundation of the Act East Policy.
• India has a separate mission to the EAS and ASEAN in Jakarta.
• India has a dialogue partnership with ASEAN that dates back 25 years, summit-level meetings that date back 15 years, and a strategic cooperation that dates back 5 years.

Coordination of finances:

• ASEAN is India’s fourth-largest trading partner.
• Currently, trade between India and ASEAN is carried out with this group to the tune of 10.6% of total trade.
• India exports 11.28% of its total goods to the ASEAN bloc. The ASEAN-India free trade zone is now complete.
• The ASEAN India-Business Council (AIBC) was established in 2003 with the intention of bringing together the significant actors in the Indian and ASEAN corporate sectors.
• Initiatives to foster People-to-People Contact with ASEAN, such as inviting ASEAN students to India, offering ASEAN diplomats a special training course, exchanging lawmakers, etc., are examples of socio-cultural cooperation.

The following funds have provided financial assistance to ASEAN member states:

• The ASEAN-India Cooperation Fund.
• India and ASEAN S&T Fund.
• ASEAN-India Green Fund.
• Delhi’s Declaratory Statement highlighting maritime cooperation as the main area of cooperation for the ASEAN-India strategic alliance.
• The Delhi Dialogue is a yearly Track 1.5 debate between India and ASEAN on political, security, and economic issues.
• The ASEAN-India Centre (AIC) conducts policy analysis, lobbying, and networking with organisations and think tanks in ASEAN and India.
• Cooperation in Political Security: India prioritised ASEAN in its Indo-Pacific agenda of security and growth for all in the region.

What significance does ASEAN have for India?

• Strong diplomatic ties with ASEAN countries are necessary for India for both economic and security reasons.
• India may be able to grow its influence in the area by strengthening its ties to the ASEAN nations.
• While ensuring the economic development of the northeastern states, these connectivity initiatives maintain Northeast India’s central position.
• Improved business ties with the ASEAN nations will counter China’s influence in the area and promote India’s economic growth and development.
• Since the vast majority of India’s trade is dependent on maritime security, ASEAN occupies a crucial place in the rules-based security architecture of the Indo-Pacific.
• Cooperation with ASEAN nations is crucial for combating terrorism, tax evasion, and other challenges.

Source The Hindu

3 – Meitei Tribe: GS II – Social Issues:

• Context: The Manipur Legislative Assembly’s Hill Areas Committee (HAC), which recently passed a resolution rejecting their inclusion, has come under fire from some members of the Meitei community in Manipur, who have long desired Scheduled Tribe membership.

About Meitei:

• The largest ethnic group in the northeastern Indian state of Manipur is Meitei, sometimes referred to as Manipuri and spelled as Meetei or Meithei.
• They are primarily Vaishnavites of Hindu faith.
• They have developed clans among themselves, and the members of these clans do not intermarry.
• A fascinating aspect of the Meitei village socio-economic structure is the Marup system, a type of cooperative saving and credit institution. Literally, the word “marup” means “friendship association.”

Culture:

• They differ from the adjacent hill tribes and their Tibeto-Burman language because they adhere to Hindu beliefs.

Economy:

• The cultivation of rice in irrigated areas serves as the foundation of their economy. They are ardent horse breeders, and polo is a national sport.
• Hockey, boat races, theatre productions, and dancing in the well-known Manipuri style, which is popular throughout India, are some other amusements.

Source The Hindu

4 – Sedition in India: GS II – Government Policies and Interventions:

Context:

• The Supreme Court ordered the Centre and states to halt all ongoing trials, appeals, and proceedings until the central government has completed its promised effort to reconsider and re-examine Section 124A of the Indian Penal Code (IPC), which deals with the offence of sedition.

Historical Background:

• Sedition laws were created in 17th-century England when lawmakers held the view that only good thoughts of the government could persist because negative opinions were detrimental to the government and monarchy.
• The statute was initially drafted in 1837 by British politician and historian Thomas Macaulay; nevertheless, it was curiously absent when the Indian Penal Code (IPC) was established in 1860.
• Following Sir James Stephen’s amendment, which recognised the need for a separate section to address the offence, Section 124A was added to the law in 1870.
• Sedition is currently illegal according to Section 124A of the Indian Penal Code (IPC).
• Existing Sedition Law:

Section 124A of the IPC:

• Sedition is a crime that is committed whenever “any person brings or attempts to bring into hatred or contempt, or excites or attempts to excite disaffection towards the government established by law in India” through spoken or written words, signs, visible representations, or other methods.
• Disaffection includes all negative feelings, including disloyalty. The provisions of this section will not apply to remarks that do not provoke or attempt to stir hatred, contempt, or disaffection.

Sedition-related penalties include:

• There is no bail available for this crime. Three years to life in prison are the possible sentences under Section 124A, with the addition of a possible fine.
• It is forbidden for someone who has been charged with breaking this legislation to work for the government.
• They must live without passports and show up in court as often as is required.

What issues does the Sedition Law cause, and what does it mean?

Significance:

Suitable Restraints:

• The Indian Constitution establishes suitable restrictions (under Article 19(2)) that may always be placed on this right (Freedom of Speech and Expression), in order to ensure its responsible exercise and to ensure that it is equally available to all persons.

Maintaining Unity & Integrity:

• The government fights terrorism, secessionism, and other anti-national movements by enforcing the law against seditious conduct.

Maintaining State Stability:

• It helps to protect the elected government from attempts to overthrow it via violence and illegal means. The ongoing existence of the legal government is a key condition for the stability of the State.

Issues:

Colonial-era artefact:

• Colonial officials used sedition to arrest anyone who disagreed with British policy.
• Famous liberation fighters like Lokmanya Tilak, Mahatma Gandhi, Jawaharlal Nehru, Bhagat Singh, etc. were imprisoned during the British era for their “seditious” statements, writings, and deeds.
• The broad use of the sedition law is thus reminiscent of colonial times.

The Constituent Assembly’s position:

• The Constituent Assembly decided against including sedition in the Constitution. The group members thought it would limit their capacity for uninhibited expression.
• They claimed that the constitutionally guaranteed right of individuals to peacefully protest could be curtailed by the sedition act.

Disregarding the Supreme Court’s decision:

• The Supreme Court limited the concept of sedition to “acts involving intention or tendency to create disorder, disturbance of law and order, or incitement to violence” in Kedar Nath Singh v. State of Bihar in 1962.
• Therefore, filing sedition charges against academics, attorneys, sociopolitical activists, and students is against the Supreme Court’s directive.

A suppression of democratic values:

• Mostly as a result of the callous and deliberate use of the sedition statute, India is being referred to as an elected autocracy more and more frequently.

Source The Hindu