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Insights Daily Answer Writing Challenge – Day – 34

QUESTIONS OF THE DAY: DAY 34 (23/09/2013)

1)Comment on the performance of India recently as a non-permanent member in the UNSC .

 2)What do you understand by the term ‘Rule of Law’? How does the constitution of India seeks to establish it? (GS 1996)

3) Write a note on the Sino-ASEAN strategic relationship (150 words)

RESPONSES:

  1. 4 Votes

     

    1)Comment on the performance of India recently as a non-permanent member in the UNSC .
    Ans
    India, being the largest democracy, rising economic power and increasing defense capabilities is kindled as an important stakeholder in world affairs. Though it is not a permanent member of UNSC but still it has performed its role well in the recent past.
    India has reiterated its foreign policy principle of respect for sovereignty, national security and human rights in the recent turmoil in various parts of the world especially middle east. It has always been a supporter of transparent and accountable mechanism of UN and thus does not support country specific resolutions and called upon the UN to intervene through a credible enquiry system. Further it promoted country specific, country led and brokered agreements for effective and efficient democratic transitions.
    India has been the largest contributor of UN peace keeping forces in various African nations. It has achieved the distinction of bringing in stability to large extent in various parts of the world. It is a major stakeholder in nuclear non proliferation agreements, and other UN brokered resolutions and brought out the concerns of various developing nations including India itself.
    It has also made various groups like G4 for the reforms of UNSC through expansion of Security Council coupled with incorporating the interest of poor African nations by demanding atleast one permanent seat for Africa.
    In addition to that it is also a major stakeholder in various UN organizations in the field of culture, biodiversity, climate change and maritime security issues and leveraging its potential so that no country will be at the receiving ends of the consensus achieved.
    Hence, it can be said that India has been a better performer in various aspects of UN functioning and deserves the seat of permanent member in the near future.

    • Firefly
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      Good answer. Could have substantiated with more examples.

    • TR
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      Sahil,
      I think you are answering “should India be made a permanent member of UNSC?” because there is no discussion on events related to 2011-12 specifically.
      Thanks
      -TR

    • Sandeep Gabhale
      1 Vote

       

      I found this answer good and very much inline to what is asked for in the question.
      Simply good work :-)


      Sandeep

  2. 3 Votes

     

    2)What do you understand by the term ‘Rule of Law’? How does the constitution of India sees to establish it? (GS 1996)
    Ans
    The rule of law as propounded by A.V.Dicey means that every individual in equal in the eyes of law. It is based on the premise that no person shall be made to suffer except in violation of law. All persons should be subject to ordinary law of land without any discrimination on the basis of rank and position. It changed the concept of administration from Rex Lex to Lex Rex.
    In India the constitution is the supreme law of land and it provides provisionfor establishing a legal just society. Article 14 seeks to establish equality before the law.It means that there is absence of any privilege to any person and law is the highest authority. Therefore, if two individuals, where one in PM and other an ordinary citizen perform similar acts without justification of law, the law should treat them equally and shall be given equal punishment
    Further various fundamental rights u/a 20,21 seeks to maintain the supremacy of law. These provisions prevent the cronyism of executive and victimization of individual at the hands of state and iterate the demand for proper trials on the basis of retrospective legislations. The procedure established by law and principle of natural justice substantiate rule of law. Constitution also provides for judicial review and supremacy of Supreme Court in violation of rule of law.
    Hence statutory provisions as defined by constitution cannot be subjugated and they are equally enforceable against any person without any benefit with same deterrent punishment.

    • Maaduri
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      Good answer.

      • KARAN
        1 Vote

         

        I feel that rule of law simply means that the nation must be governed on the basis of written or accepted laws.It does not directly states that all will be treated equal in the eyes of law.Instead it might be and generally is a common feature of rule of law.The law itself might provide certain privileges to some people as India provides to the office of the president.

        Please reply if u find my interpretation as wrong.

        • Anjali
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          Sahil, I agree with Karan, In Indian context rule of law is different than Dicey’s definition, thats why Article 14 says, equality before law and equal protection of laws.
          I think its simple law of land will prevail in any circumstances.

          • KARAN
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            hi anjali….can u review my answer on rule of law…..please also see the answer for analysis of Non Cooperation Movement which was given on 21st august….please do see and give ur valuable feedback

            • Rate This Response!

               

              @karan and anjali
              i did not include the second part of article 14 because i was only talking about the rule of law. Further rule of law as envisaged by dicey should be uniformly applied to all. That is what trying to say. In India, constitution is the law of the land and all other laws derive their power from constitution. and article 361 itself states that president and governor will be exempted till they are in office. Criminal proceedings and other cases can proceed after they remit office.
              But i will remove the the controversial line from my answer. @ karan.

              Thank you for ur feedback.

              • KARAN
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                hi sahil….do review my answer on -Form a critical assessment of the non-cooperation movement from Insights Daily Answer Writing Challenge – Day – 32…….do give ur valuable feedbacks

              • Firefly
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                Rule of law as proposed by A V Dicey has 3 components

                1. No one should be punished except for the violation of a law.
                2. All people are equal in the eye of the law. No person is given the benefit or otherwise of his rank, position, status etc
                3. Primacy of rights of individual. Constitution being source of individual rights.

                The first 2 provisions apply to India. Giving example of article 14 is correct. It substantiates the first provison by ensuring equality before law. The second half of the answer needs to be amended. In India, constitution is the source of individual rights and not the other way round.

  3. RV
    1 Vote

     

    3) Write a note on the Sino-ASEAN strategic relationship (150 words)

    The diminished U.S. benevolence during the East Asian Crisis and the political immobilisation of Japan paved the way for the rise of China as the regional power.

    Moreover lack of effect of the crisis on its own economy actions in supporting ASEAN and Thailand prompted the paradigm shift from political-security outlook of ASEAN to the economics and trade .The ACFTA further deepened its ties with is liberal elimination of debts of the new ASEAN members and addiditional “sweeteners” added to the trade agreement through “early harvest” of the low tariffs.It firmly entrenched ASEAN economies with China who is now their largest trade partner.

    However Chinese gains were more political than economic as China has used ASEAN well to keep out the foreign forces from challenging its hegemonic position in the region.It has also used the regional block for greater leverage at International Forums especially WTO.

    Chinese aggressive territorial assertion in South China Sea have made ASEAN countries like Phillipines and Vietnam have increasingly critical of China. In these new geopolitical realities they have welcomed engagement by India in the region to counter the mammoth rise of China and have also supported the “Asia Pivot “ of U.S. in this regard.

    • Shubhangi
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      Word limit??????? It is more strategic than sino-asean.

      • RV
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        I know word limit went to 200 ! Trying ti improve on d limit ! Will try to introduce things better next time ! Thanx fr ur comments Shubhangi :)

  4. vipul
    2 Votes

     

    Delayed response
    2) Analyze how CISADA has affected the ties between India and Iran.
    CISADA stands for Comprehensive Iran Sanctions, Accountability and divestment act. CISADA passed by US congress ,brings an amendment in Iran sanctions act 1996 which consisted of sanctions to be imposed on companies making investment in Iran’s energy sector beyond a limit. CISADA had added new sanctions (especially sanction on export of refined petroleum to Iran) into the list of previous sanctions with an objective to cripple the Iranian economy. Apart from CISADA ,UN security council has imposed several sanctions on Iran to abandon it program of nuclear fuel enrichment.

    Iran was second largest oil supplier to India and India was looking forward to extend this ties to the next level. IPI (Iran-Pakistan-India) gas line pipe project was a major step in boosting the energy ties between the two nations. Recntly,there are speculations that India has temporarily withdrawn itself from project siting the security & pricing issues .Analyst have linked this move to raising US pressure on India to comply with the Iran sanctions. Iran has already slipped to third largest oil supplier to India behind Saudi & Iraq.

    As far as the Investment by India companies in Iran’s energy sector is concerned, Indian consortium IOC-OVL-OIL are working on few projects in Iran. So far they have not invested in project beyond the US sanctions limit. RIL (Reliance Industries limited) which used to export the refined products to Iran has completely abandoned its exports. RIL has bigger business interests in US so it followed the US sanctions. US sanction on global institutions has also put the additional barrier on trade between Iran & India and force them to find out alternative way to make payments.

    So far,India stand on Iran sanctions has been ambiguous. India has been only following UN sanctions and not those imposed unilaterally by countries or block of countries (Western nations).India is not in favor of nuclear Iran which might be bad for the security of region but India considers Iran an important strategic partner .India in energy deficit country and has huge dependence on imported oil to meet its energy requirements. United States has exempted India, China and some other countries from the American sanctions directed against the Iranian oil trade considering these countries dependence on oil to meet energy needs. Sanctions have definitely put a bigger challenge for India to balance its relationship with Iran and US.

  5. RV
    3 Votes

     

    The term “Rule of Law” implies the basic concept that everyone is subject to the codified law of the land without any exception . The earlier concept of the divine right stands refuted as everyone is equal infront of the law and same law applies to all. This concept was used as early as Aristotle and was firmly established by British Jurist A.V. Dicey.

    The Rule of Law lies at the heart of democracy that ensures socio-economic and political rights to the citizens and demarcates their boundaries and conditions in which they may be breached. In the Indian Constitution the term “ Rule of Law” is nowhere used however its has been firmly entrenched in the various Articles and have been declared a Basic Feature of the constitution by the Supreme Court . Article 14 clearly established that everyone shall be equal before the law without any discrimination and Article 21 guarantees nobody can be deprived except under the established law.

    The Rule of Law aims to restrict the domain of the Legislature and the Executive. There are clear provisions in the Constitution like Article 50 that seek to establish separate branches of government and an independent judiciary. Unlike Britain in India it is the Constitution that reign supreme and not the Parliament and there are sufficient restrictions on law making powers as well. The Fundamental Rights are effort in this direction to shield the citizens from arbitrary action of the Executive and guarantee Human Rights . The Directive Principles enshrined in the constitution serves a beacon lights for the Supreme Courts to check the legitimacy of laws made .Laws are declared void if found violative of these rights and directives.

    • Maaduri
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      Good answer. I feel that a conclusion with one or two sentences at the end would have made it perfect.

  6. praveen
    6 Votes

     

    India was elected to UN security council as a non permanent number in 2012 after a period of 19 years.India won the seat with a vast majority of 187 votes.

    at the time when india enter in to the security council major problems like Arab Spring,Problems in Libya and syria started.
    India dealt with this problem based on its traditional foreign policy of non interference in international affairs,respecting nations sovereignty.
    In libya issue india abstains from voting of western countries backed no fly zone and emphazised peaceful settlement of the problem.
    Likewise in syrian issue India condemns western countries intervention in in their international affairs and their backing of rebel groups .It wants the people of syria to solve by peaceful means.
    Like wise India supported Iran for its peaceful use of nuclear energy at the time the tensions between western countries and Iran should be solved through diplomatic channels not by wars.
    India actively involved in solving other problems like somali pirates,israel plaestine problem and supported palestine membership in UN.
    During this period of two years India also got elected to UN Human Right commission,Economic and social council and rracial discrimination council and head for external audit in UN ,where India’s presence will be heard after the two years.
    as a non permanent member india also pushed UN reform process in Various times.
    Thus India played a very active in UN security council as non permanent member which earns a global image and also support for becoming a permanent member in the security council

  7. RV
    3 Votes

     

    1)Comment on the performance of India recently as a non-permanent member in the UNSC .

    India’s election as the non permanent member of the UNSC through high votes was termed as resounding endorsement and was widely seen as an audition for its stake as a permanent member at the highest table of global diplomacy.

    The period from January 2011 to January 2013 was embroiled in conflicts all over the world especially the Middle East and India played a key role in advocating its long established principles of peaceful negotiations and respect for sovereignty in Libya and Syria. However India’s muted spectator stand on human rights violations in Ivory Coast , Syria and Libya was not warranted as India has always stood for democratic and human rights. Moreover India’s vacillating position on Syria which disappointed the U.S. and also defection from stand of other BRICS country was poor diplomacy on India’s part.

    Meanwhile India continued to contribute to the peacekeeping forces all over the world and brought to attention the need of a efficient judicial system to check piracy off coast of Somalia. It was elected to important committee including the Joint Inspection Unit ,Counter Terrorism Unit , Eco-Soc committee and others. It also raised concerns over the monopolistic drafting of resolutions of the P5 and the anachronistic system of UNSC which was not in consonance with contemporary geopolitical realities . It collaborated with the G4 to push for the 25 member idea of UNSC reforms .

    However with the exit of Brazil from the UNSC and entry of Pakistan India shifted its stance and stressed on peaceful transition in Afghanistan and introduced the new lexicon of “zero tolerance” with respect to terrorism in the U.N.
    At time of exit the Indian representative was very confident of the mark and impression left by India and was hopeful of a return soon either as a non permanent member or permanent based on the of the reforms.

    • RV
      Rate This Response!

       

      Everyone plz provide your feedback especially on the rule of law question!@ Insights Sir , i realized missed the Iran point but otherwiz if you could tell me how to improve my answers as well ! Thank you !

      • 1 Vote

         

        You could have pruned the long sentence in the introduction and added one more line about mixed record of India in the council (Your answer is about it)

        Also, second paragraph is lengthy as it stresses one single idea.

        Important points missing: India’s role in conducting debates on improving norms of R2P and PoC – responsibility to protect and Protection of Civilians. (UNSC conducted more meeting on these in the last two years) India supported Brazil’s proposition of Responsibility while Protecting (RwP).

        India’s recommendations on countering Piracy in the Indian Ocean.

        India’s opposition to Israel’s settlement project in Palestine.

        On UN Peacekeeping, India raised concern over resource constraints and hypocrisy of the West in pouring huge funds while changing regimes and lackadaisical efforts on Peacekeeping missions.

        Bolstering the debate on forming a legal framework to fight terrorism etc are other important issues.

  8. Maaduri
    1 Vote

     

    2) What do you understand by the term ‘Rule of Law’? How does the constitution of India seeks to establish it? (GS 1996)

    Rule of law means every person irrespective of his rank, position and power are equal and no one is above law. This concept was used by A.V.Dicey in explaining the constitutional abilities. The Indian constitutional drafters believed that the objective of providing dignified life to all citizens could be achieved only through the supremacy of law by the constitution.

    Indian Constitution envisaged the principle of rule of law by assuring fundamental rights, judicial review and issuing governing powers.

    The fundamental right of equality before law and the citizens enjoying equal opportunities without any discrimination are the facets of rule of law. Though The President and Governors are given certain immunities, those provisions are also made by the constitution. Protection of life and personal liberty and guaranteed human rights forms the sole of constitution.

    The Government, both in the centre and state has the power to make laws but by binding on the constitutional laws. The Government can make laws only on those subjects mentioned in the corresponding list. The executive power of issuing ordinances is also limited. If any breach of law is observed the judiciary can declare it unconstitutional through the power of judicial review. Hence, the constitution clearly demarcates the powers between various organs and protects the law and order of the country.

    Though the word ‘rule of law’ has nowhere used in the constitution, the Supreme Court as the final interpreter of constitution has declared it as one of the basic structure of constitution and cannot be amended by legislature. Hence the laws enacted by the State, Penal acts of Judiciary and the executive ordinances are within the scope of constitution maintaining its supremacy and as the fundamental governing principle.

    • Maaduri
      1 Vote

       

      Insights and others please review and provide valuable feedback.

    • Shubhangi
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      Very good answer especially ….”Indian Constitution envisaged the principle of rule of law by assuring fundamental rights, judicial review and issuing governing (separation of)powers.”

    • Rate This Response!

       

      This a very good answer. May be you could have mentioned important articles, names of cases where SC upheld rule of law principle (in 2-3 lines)

      But you have managed put concepts into perspective very well.

      • Maaduri
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        Thanks Shubhangi :) Keep suggesting where can I improve. Like structuring, language or any other area as I am new in answering questions. Your suggestions will be of great help :)

        Thanks Insights for your feedback :) Yes I missed citing examples and articles as I couldn’t remember exactly the article numbers and the cases :P Will work on it.!

      • Vijay Pateriya
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        definately a great answer ……………….

  9. vipul
    2 Votes

     

    1) Comment on the performance of India recently as a non-permanent member in the UNSC .

    India was elected as the non-permanent member of UN Security Council in 2011 after a long gap. India held the position for duration 2011-2012.India role as non-permanent member was completely guided by principles (respect of sovereignty &independence, peaceful use of force, non- intervention in territorial affairs of other countries etc.) which governs India’s foreign policies with other countries.
    India tenure as non-permanent member had witnessed the Arab Springs. India stand on Libya, Syria was consistent with its guiding principles. India emphasized that security of people was national subject and international community should facilitate the negotiation between the warring groups instead of imposing sanction & providing arm support to one group.
    India’s response to Conflict in Syria was not up to the mark. India initially argued that it is state’s responsibility to maintain the internal law and order situation but later it went on to support the UNHRC resolution for human right violation in Syria.
    India stand on Iran was consistent throughout the tenure. India supported that Iran like any other country had right to peaceful use of nuclear energy. It supported the use of diplomatic channels and negotiations to resolve the conflict. India stand on Israel-Palestine issue was in sync with the previous stand. It condemned the settlements in Palestine territory.

    During India tenure as Non-permanent member, India pitched hard for the reform in UN Security Council. India augmented for the structural reforms and expansion of Security Council for better representation of developing countries.

    Overall, India performance at UNSC was commendable. India was able to voice its opinion freely at time against the western blocks as well. India also spearheaded the discussion on global issues like terrorism & piracy.India could successfully use this opportunity to showcase its potential to be the permanent member of the UNSC.

  10. KARAN
    2 Votes

     

    Q)What do you understand by the term ‘Rule of Law’? How does the constitution of India seeks to establish it? (GS 1996)

    Ans)Rule of Law establishes the supremacy of laws of the land. These laws are enshrined in the constitution, are framed from time to time by the legislative process and are also sometimes advocated by judicial rulings. It states that a nation must be governed strictly in accordance to the laws and not by provocations of individual adventurism.
    The framers of the Indian constitution have asserted the supremacy of the constitution. Article 14 of the constitution talks about equality of all before the law and also equal protection of all. The constitution sticks to this principle by clearly stating in most of the articles that there should not be any discrimination on the basis of religion, race, caste, sex or place of birth. However, by providing reservation the constitution asserts its power to go for positive discrimination to limit inequalities.
    Constitution also states that no one can be punished for any offence expect in a manner prescribed by law. Further by Directives principles of state policy the constitution guides the legislature, executive and the judiciary as well to provide governance in accordance with the principles enshrined in the constitution
    Some may argue that the provision for amendment dilutes the rule of law however it must be noted that it is the law of the land itself that empowers the legislature to amend the constitution according to the changing conditions.
    Thus the constitution by establishing India as a sovereign democratic country and asserting its supremacy seeks to establish rule of law in the country.

    • KARAN
      1 Vote

       

      @ INSIGHTS

      Kindly review sir…..

      • Rate This Response!

         

        Good answer. It could have been better if you had structured it well. For example, by mentioning Dicey’s 3 concepts – Supremacy Of Law, Equality Before The Law and Predominance Of Legal Spirit – how constitution ensures these three in the Indian context by quoting relevant articles and famous cases. It is still a good answer. but to score high marks, you should put something extra. :-)

        • KARAN
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          Thanks Sir……i’ll try to improve on those things

          • Maaduri
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            Karan,

            Its a good answer. Still I would like to suggest few more points. Could have mentioned about Judicial review which is keen on maintaining the supremacy of the constitution not being overruled by Legislatures and executive.
            Rule of law as the basic structure.

            • KARAN
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              Well Maaduri i didn’t mention about judicial review because the laws framed by the legislature as well as the ordinances passed by the executive also constitute the law of the land….. however it is also true that the power of judicial review is also derived from the constitution itself….

              so i felt it difficult to balance that in my answer.

              and yes i must have mentioned about rule of law constituting the basic structure of the constitution.

              thanks

    • Rate This Response!

       

      Hey karan. you did not explain what is rule of law is a very precise term. A layman won’t understand from your first paragraph as to what constitute rule of law It is not necessary that they are enshrined in constitution(this is only the case of india). in other countries like UK , constitution is the product of law of the land and not vice versa.
      Second part of answer is very good though.

      • KARAN
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        Thanks sahil for ur feedback …..i wanted to use the word ‘generally’ while writing that laws ot land are enshrined in the constitution but missed….however by law of land i dont just mean the constitution but also all other laws framed by legislature and those given in judicial rulings….

        thanks

    • Shubhangi
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      Good answer Karan. Like others also said you should have incorporated more dimensions such as separation of power…judicial review …basic structure. Good that you incorporated “amendments dilutes…” and positive discrimination. Conclusion part is a bit debatable.
      Try to make small sentences.

      Anyways, it was a very good attempt.

  11. SREEJESH
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    1)Comment on the performance of India recently as a non permanent member in the UNSC.
    India go selected as a non permanent member in the UNSC for a term of 2 years on Jan1,2011 after a long gap of 19 years. And India has used this opportunity quite well to establish its’ credentiality on the higher platform. India emerged strongly as a voice for less developed and developing countries.These two years were quite eventful in the international arena.The term in UNSC began for India by taking a diplomatic and resilient approach on Libya and Syrian issues.India categorically stated to World powers that sovereignity of any nation should be respected and peaceful methods should be employed to persuade dissent groups.The military action should be the last resort when all other tactics were exhausted.Similarly on Iran issue, India supported peaceful nuclear programme of Iran and it noted the need to address this issue through peaceful dialogue and negotiation. India also supported Palestines’ bid for a UN membership and also condemned Israelis settlement in the occupied territories of Palestine.Being a victim of piracy India also worked for effectively dealing with the pirates off the coast of Somalia through UNSC.Being also the Chairman of “Counter Terrorism Committee” India passed the resolution for “Zero Tolerance Towards Terrorism”.India was highly engaged with G-4 and L.69 groups to bid for permanent seat in the UNSC. As India’s permanent Ambassador to UN Hardeep Singh Puri has stated that India is leaving UNSC only to come back soon; shows Indias’ determination to be counted among the major power in the world polity and play a much bigger role in the near future.

    • SREEJESH
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      INSIGHTS please give your valuable comments and suggestions.
      Thank You

    • Rate This Response!

       

      Introduction is good. You have touched almost all important points. UN Peacekeeping and R2P, RwP and PoC are missing. Overall a very good answer. Split it into paragraphs – make it pleasant to read (may be while pasting paragraphs mixed it seems). It is good that you quoted a name in the conclusion. Gives credibility.

  12. Sabya
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    Sino-ASEAN strategic relationship
    2013 marks the tenth anniversary of the strategic partnership between China and the Associaion of Southeast Asian Nations. Trade and investment between China and ASEAN members have seen great growth during the decade, according to China’s State Council Information Office.

    The Development of the China-ASEAN Relations Since the 1990s
    • Before the 1990s, there was no official relationship between the ASEAN and China. China had official relations with certain individual ASEAN member states on a bilateral basis.
    • In July 1996, ASEAN accorded China the full Dialogue Partner status at the 29th AMM in Jakarta, moving China from a Consultative Partner, which it had been since 1991.
    • In 2002, the two sides signed their FTA. By now nearly 90% of Chinese imports from ASEAN are duty free, and vice versa. Lastly, four members-Myanmar, Laos, Vietnam and Cambodia, will also lift duties on Chinese exports by 2015.
    • China is nearly ASEAN’s biggest trade partner,it’s a 12 percent year-on-year increase, and nearly four times more than that in 2002. ASEAN is now China’s fourth most important FDI destination, 30 billion dollars’ worth.

    Rising tensions in the South China Sea are leading relations towards potential conflict. Yet there is now agreement to begin consultations on a Code of Conduct to manage the issue. Since his appointment, Chinese Foreign Minister Wang Yi has also visibly upgraded ASEAN engagement.

    Marking the 10th anniversary of their strategic partnership, the High Level Forum proceeded positively with senior officials and think-tank experts from both sides. If conflict is to be headed off, consultations on the South China Sea must move ahead and show sufficient progress. In parallel, cooperation on navigation safety and the marine environment should progress. Most importantly, actual practice by the military and other agencies in everyday exchanges must emphasise prudence.Of late, the foreign ministers of China and the ASEAN will hold a special meeting on Aug. 29 in Beijing.The meeting was announced by Chinese Foreign Ministry spokesman Hong Lei in Beijing Friday.

    • Sabya
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      Tried my best to research and write on the issue, everybody please do provide a review to my answer.
      Thank you !

      • Shubhangi
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        First, word limit is more strategic than sino-Asean.
        Second, how do u remember july 2006….29TH AMM, meeting on august….bla bla bla…..don’t make answer data loaded but concept loaded.

        • Sabya
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          Thank you Shubhangi ! These dates, I simply tried to sum up the facts before concluding the whacky condition of the relationship. Thank you again

          • RV
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            Hi Sabya ! I think you should mention the Indian angle w.r.t. South China Sea and also U.S. influence in the region !

  13. sapana
    1 Vote

     

    1)Comment on the performance of India recently as a non-permanent member in the UNSC .

    India’s election as a non-permanent member of the UNSC for 2011-2012 was an acknowledgement of its growing stature on global governance platform and was rightly described as “resounding endorsement” from international community.

    These two years also witnessed great turmoil in the Middle East and North Africa region and the economic uncertainties in Europe. India was given the responsibility of presiding Security Council Committee concerning Somalia and Eritrea sanctions. India also made clear that it was against any militarization in Syria and voted for a resolution that strongly condemned all violence and widespread human right violation in Syria.

    India was elected twice as the president of the Council in Aug. 2011 and Nov. 2012 and also chaired the Counter Terrorism Committee. It introduced ‘zero tolerance’ towards terrorism in the UN lexicon and held special meetings to focus on prevention and suppression of terrorist financing. In keeping with its long held position, India pushed for expansion in permanent and non-permanent categories of Security Council to reflect contemporary geopolitical realities. However, no consensus could be reached on this issue.

    During its term India also won elections for several bodies including ICJ, Joint Inspection Unit, ECOSOC, Human Rights Council and UN Environmental Programme. India bitter war of words with Pakistan over Kashmir issue and unveiling of Aakash tablet amid a controversy over a made in china component were closely watched.

    In retrospective it can be said that India managed to achieve some of the goals it set before entering the Council. It did bring value to the Council proceedings and enriched deliberations on tackling important global issues. Except for the inconsistency displayed on the Syrian crisis, India tried its best to maintain a balance and remain active in the processes of the Security Council.

  14. Shubhangi
    2 Votes

     

    “Comment on the performance of India recently as a non-permanent member in the UNSC .”

    India once again occupied the horseshoe table as a non permanent member of UPSC in 2011 but this time as a economic and political power.

    During its short tenure at UNSC that too as non permanent member despite deserving permanent status, India highlighted several contemporary regional and global security issues together with the structural reform in UNSC itself. First, India stressed that present UNSC structure is completely out of tune with global realities and needs reform by inclusion of more members from Asia and Africa in it. Second, India facilitated the speedy winding of UN mission on Nepal and insisted UNSC to transfer mission equipments to Nepal government. Third, India’s zero tolerance policy on terrorism in Afghan became the lexicon of UNSC. Fourth, it was during India’s presidentship first outcome document of UNSC on Syria came. Finally, India enriched various contemporary security issues like responsibility to protect (R2P), cyber warfare, peace process in several parts of Africa and nuclear disarmament with its views at UNSC.

    But India’s wait and watch policy on Syria, Arab spring and Middle East raised doubt on India’s intention and capability of leading the world as permanent member of UNSC. Even the failure to check violence at home attracted huge criticism of India.

    Barring few areas such as failure to evolve a consensus on universally agreed definition of terrorism for Convention on terrorism of UNSC, to break the deadlock on Syria, to chalk out proper roadmap for post-2014 Afghanistan and to bring actual structural reform on UNSC, India showed remarkable leadership and reassured its firmness on fundamentals of peace as advocated by J.L. Nehru decades back from same platform.

    (words: 273)

    • Shubhangi
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      @Insights: please review.

    • 1 Vote

       

      Shubhangi,

      It seems you are completely immersed in UPSC. See the first line.

      It is a very good answer. All points covered. Balanced view.

      • Shubhangi
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        Thank you insights. Did not know when I wrote UPSC unknowingly. Ha ha…

        • RV
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          Shubhangi non permanent memeber of UPSC :D damn good ! Anyways u could have explicitly mentioned Indian stand on Israel and Iran and as Sir pointed out the Responsibility while Protecting norm !

  15. vipul
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    2) Write a note on the Sino-ASEAN strategic relationship (150 words)
    Association of South East Asian Nations is a political & economic organization consisting of ten countries located in South East Asia. Despite the numerous issues like South China Sea conflict, economic competition, external factors (US, JAPAN involvement) and control of natural resources etc., China-ASEAN relationship has improvised a lot over a period of time.
    China-ASEAN trade is expected to reach 500 Billion USD mark by 2015. China is the largest trading partner for ASEAN block. CHINA and ASEAN free trade block is already the largest trade block among the developing countries. China and ASEAN block has signed MOU on security co-operation. China has also developed annual joint defense & security mechanisms with most of the countries at bilateral level. CHINA-ASEAN block has developed partnership in several areas like transport, energy, culture, tourism.
    ASEAN block is located at very strategic location which connects Pacific & Indian Ocean. China is engaging with ASEAN to derive the mutual benefits and carrying forward its motto of ‘Peaceful rise of China’

  16. Vicky…
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    2)What do you understand by the term ‘Rule of Law’? How does the constitution of India seeks to establish it? (GS 1996)
    Answer :
    The term ‘Rule of Law’ means primacy to law.This liberal concept emerged during the 17th-18th century throughout the west. It challenges the tradition conservative notions.
    This concept inculcates three fundamentals.Firstly, everyone will be equal in the eyes of law and no discrimination shall occur on any basis whether it may be caste,class,religion,birth,creed,sex etc. Secondly, it includes presumption of ‘innocence until proved guilty’, i.e. until the charges are proved on a person, he is innocent. Third aspect of rule of law is ‘primacy of people’ i.e. all the power and authority of the land is from the people themselves.
    Constitution of India ensures rule of law by providing fundamental rights to every citizen of the country, promoting equality in every walk of life. The identity card of the constitution, i.e. the Preamble itself is given by the people of the country to themselves, hence proves their primacy. Then article 22 provides everyone with right to life and liberty to every citizen, which provides the the second fundamental of the concept i.e. ‘innocent until proved guilty’. None whether rich,privileged,higher status or rank , above the law of the land and everyone is same in the eyes of law.

    All the three organs of the constitution derive their power and authority from the people.The constitution provides independence to judiciary, so that the rule of law may prevail and effective redressal of grievances of all citizens according to the law can take place. No one is allowed to take the law in his hands. These features clearly suggest that Rule of Law is seeked by the constitution.

    • Vicky…
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      Insights please check.
      And friends u also give your insights please..
      Thank u :)

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        Good answer Vicky. Articles 13, 14 and 21 must be mentioned. Also, from where you got the third point – “Primacy of people” = Rule of law?

  17. Anjali
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    India performed well during during its two year membership as non-permanent member in UNSC. And batting on its prformance expecting that more UN members will support for its permanent seat in UNSC.

    India had participated constructively in UNSC working and had remained fully engaged in all its deliberations.During its first Presidency it allowed a discussion on Syria issue which was
    nowhere in Council that time.It organised open debate on peacekeeping missions.

    UNSC adopted resolution on maritime security and hostage issue much due to India’s effort. First time such a resolution adopted in council. Also Presidential Statement on ”Piracy’ adopted by Security
    Council under India’s Presidency. During its second Presidency India organised a open debate on maritime piracy as a threat to international peace and security.

    Keeping democratic values in front India abstained from voting against resolution on Libya and Syria. As India wanted solution to that country’s problem must come within that country itself. So it proved that it will always act in impartial manner defying any pressure.

    India chaired Security Council Committee on Counter Terrorism and organised special meeting with member states and concerned authorities on ” Preventing and Suppressing Terrorist Finances”. It introduced ‘zero tolerance’ towards terrorism in world body. In association with UNSC CTC it organised a workshop for Police Officers, Prosecutors and Judges on countering terrorism in New Delhi.

    India, also utilized well its two year time to organise member countries opinion on UNSC reform and succeeded in it. Having established its credentials to play major role in global platform India is hopeful about
    its permanent seat in UNSC

  18. SREEJESH
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    Q.Write a note on the Sino-ASEAN strategic relationship?
    Ans.Recently, in the month of August,the Sino-ASEAN countries celebrated 10 years of their stratergic partnership in the Sino-ASEAN meet held in Thailand.Both the sides used the event to hail the growth of China and described jt as something which is useful for the developement of ASEAN. The decade old strategic partnership between two sides have relatively focussed more on trade relations while politico-security angle was being missed in their approach.The Sino-ASEAN trade has crossed $200 billion mark and they are targeting it to be $500 billion by 2015. The free trade agreement CAFTA has been implemented in 2010 and more than 90% of export to China is now duty free. Though the trade ties have cemented during this decade, yet the political relations have not improved that much.China’s claim on disputed territories of South-China sea is making ASEAN countries particularly Vietnam and Philipines wary of Chineese activities. There is lack of mutual trust between two sides.However both the sides realizes the importance of this strategic partnerships and is making commitments to expand this partnership to cover maritime security as well.

  19. Asha Goud
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    Comment on the performance of India in the UNSC as its non-permanent member recently.
    A: India got elected as a non permanent member at UNSC in 2010 for a 2 year term ending in 2012, during which it held position of President of UNSC twice. A large majority voted for India at the elections which reaffirmed India’s strong position and general acceptance of placing India at the decision making postion. Therefore there was a lot of expectation from India from various quarters.
    India as a non permanent member raised issues of Terrorism, Piracy and international peace at UNSC. India put forward the idea of Zero tolerance to Terrorism and called for identifying piracy as a global issue. Indian forces contribute substantially to UN peacekeeping forces and therefore India expressed it view that the participating countries should be consulted in deployment of peacekeeping forces and related actions.
    India again and again raised issue of expansion and reform of UNSC and to make it more representative to the contemporary global scenario.
    There have been criticisms as well, that India could not keep a neutral stand on Syria and the Israel Palestine conflict and aligned itself with the US and the Gulf countries. India voted against Syria on a resolution at UNHRC and abstained from voting at UNSC on a resolution calling for regime change in Syria. These weakened India’s position as an independent decision maker.
    Overall India did raise issues like terrorism, piracy and UNSC reforms but it failed to openly discuss an put forward its stand on the instability caused by Western military actions in the West Asia, even though it was in a position to raise the issue, deliberate on it and bring constructive solution to ensure peace in the region.

    What do you understand by the term ‘Rule of Law’? How the constitution of India does see to establish it? (GS 1996)
    A: Rule of law stands for highest authority assigned to the law of the land. No person or authority is above law and all are equal in front of law. It was conceptualized by Professor A V Dicey opposed to the concept of rule by man. Rule of law is a positive concept that requires establishing a system that protects rights of individuals and ensures justice to all. Rule of law is established to ensure stability, accountability, justice and rights to all.
    The preamble of Indian Constitution calls to establish a society based on Justice, Liberty and Equality. Constitution which is the law of the land is supreme in India and parliament, which is the body of representatives elected by the people, is not sovereign. The law making power of parliament are restricted by the provisions of constitution.
    Constitution of India provides for an independent Judiciary and Supreme court is the highest court in India. Supreme court acts as a guardian of the constitution and is provided with the power of judicial review by the constitution. Also Supreme court has authority to issue writs to safeguard Fundamental rights of citizens.
    The fundamental rights enshrined in the constitution are justiciable in nature and therefore any arbitrary law that infringes the fundamental rights can be declared void by Supreme court by its power of Judicial review.
    Therefore the Fundamental rights and an independent Judiciary are two important pillars for ensuring a rule of law in India.

  20. Vijay Pateriya
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    What do you understand by the term ‘Rule of Law’? How does the constitution of India seeks to establish it?

    Prof. Dicey propagated the concept of Rule Of Law.Acc. to which,no man is above law,of the land and every person whatever be his rank or status is subject to ordinary law.Though certain exceptions are accepted in public intrest and to uphold the dignity of certain positions like the King enjoys priviledged position in England.Our Constitution makers cherished this ideal and incorporated Art. 14 in our constitution.
    Our Constitutions reflects the ideal of the concept in Art.14 which provides for equality before law for every person and equal protection of law.Under Art.32 Supreme court is empowered to issue writs in case this article is violated.Also as SC has declared Art.14 to be one of the basic structure of Constitution it can not be amended.
    Our Constitution while upholding the rule of law also allows for executive to select cases for special treatment where the relaxation or positive discrimination does have the scope. Art.15(4)(5),16(3)(4),Provisions relating to Privilages to President,Governor,MPs MLAs,Armed forces etc.
    In India non of the institution is arbitrarily powered and authority of each of them is sourced out of the Constitution.The Constitution is the supreme law of the land,any law contravening the rule of the Constitution is declared ultra vires by the guardian of the Constitution the Supreme court.

  21. Abhishek Kumar
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    India joined the 15 nation Council in January 2011 after a gap of 18 years, winning an overwhelmingly highest number of votes. Before entering it wanted to prove itself to be worthy contender for a permanent seat. It made a mark on issues regarding UNSC reforms, Syrian crisis, counter terrorism activities, peacekeeping operations etc.

    As a part of various groupings like G4, L.69 it stressed on the need for reform for its effective and efficient operations which can respresent the current geopolitic realities. It emphasized better representation from developing countries of Africa and Asia.
    India’s presidency coincided with the uprisings in the Arab world. It made its consistent stand towards respect for nation’s sovereignty, last resort to use of force and criticised the Western intervention. It issued statement condemning Syria’s crackdown on its own people and supported Kofi Annan’s six point plan for peace in Syria. Due to reversal of its stand on Syrian issue it was criticized for being ‘dishonest, unprincipled and oppurtunistic’
    For country that continue to be the victim of terrorist attacks, the chair of Counter Terrorism Council presented the suitable platform to priortise the counter terrorism effort.It introduced ‘zero tolerance’ paradigm into international counter terrorism lexicon.
    It also organised debate on issue of peacekeeping and pointed towards the severe mismatch between resource and operations. On Israel-Palestine issue condemned Israel’s illegal settlements on Palestanian territory.On nuclearisation issue of Iran supported continued negotiations between IAEA and Iran.
    India’s 2 year stay in the Council had ssen many issues bringing to international forum for its clear understanding. Even it faced criticism on some issues for its double standing, its performance was commendable and it managed to achieve some of the goals. Though its aim for permanent membership is ambitious, but its effort yielded favourable result in the that direction.

  22. TR
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    1)Comment on the performance of India recently as a non-permanent member in the UNSC
    Solution:
    India, the charter member of UN was elected to the non-permanent seat of UNSC in 2011 after a gap of nearly 20 years. India utilized this oppurtunity in the best manner to serve its strategical purposes while adhering with the basic principles of non-intervention, respect of Sovereignty and Integrity for countries for solving the global unrest and conflicts.

    The first issue after India returned to the Council was Arab Spring in the Middle East. The India, as stated previously, pressed for non-intervention and respect for sovereignty for the states, tried its best for solving the issues through diplomatic means. It pursued the same policy towards every country e.g. Libya,Egypt and Syria.
    As Arab countries are very crucial for India’s security concerns, it became specially important for India to avoid use of force unless the will of govt of that country , and with its tactful and well knit diplomatic policy India was successful in accomplishing this goal successfully. Similarly with respect to Iran’s nuclear prog, while India pressed for solution through diplomatic methods and maintained the right for peaceful usage of nuke tech.

    As getting the permanent seat of UNSC has become the major goal for India in the recent times with the creation of G4 , the election as the non-permanent member of UNSC provided he golden opportunity to India to achieve this goal. India along with other G4 countries persuaded the other member countries regarding the importance of the expansion of UNSC and entry of G4 countries in permanent to better represent the changed global scenario and serve the global interests.

    In short the 2011-12 provided India a great rare opportunity for India to serve multiple purposes and India utilized this opportunity in the best manner possible. The expansion of UNSC and entry of India in UNSC is still a big road to be covered, but undoubtedly India quite successfully projected its image as representative of the developing and emerging countries of the world.

  23. KARAN
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    Really good answer…good analysis…..shubhangi can u plese review my answer on rule of law

  24. Hri
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    Hi insights,

    I think India supports the Iran use of nuclear power but not for wmd purposes

  25. Rate This Response!

     

    Hri

    Ya right. India supports right of Iran to pursue nuclear program for ‘peaceful’ use.