SECURE SYNOPSIS: 04 JUNE 2019
NOTE: Please remember that following ‘answers’ are NOT ‘model answers’. They are NOT synopsis too if we go by definition of the term. What we are providing is content that both meets demand of the question and at the same time gives you extra points in the form of background information.
Topic: Salient features of the Representation of People’s Act.
Indian Polity by Lakshmikanth
Why this question:
The question is about discussing the importance of Representation of the People Act, 1951 in the Indian electoral system.
Demand of the question:
Answer is straightforward and one must discuss details of how it has proved to be the backbone of the entire electoral process.
Directive word:
Elucidate – Give a detailed account as to how and why it occurred, or what is the particular context. You must be defining key terms where ever appropriate, and substantiate with relevant associated facts.
Structure of the answer:
Introduction
Start with highlighting the importance of election in a democracy.
Body
There is not much to deliberate as the question is straightforward, one must discuss the salient features of Representation of the People Act, 1951, in what way it is the backbone of the Indian electoral system.
Conclusion
Conclude by reasserting its importance.
Introduction:
The Representation of People Act 1951 or the RPA 1951 deals with the electoral system in India. This act was passed by the Indian Parliament before the very first General Elections under the provisions of Constitution (Article 327). It provides for the elections in our country. The act also talks about the terms and qualification/disqualification of the members of the Lok Sabha and Rajya Sabha, and also the state legislatures.
Body:
Salient Features of the Representation of People Act 1951
- Conduct of elections of the Houses of Parliament and to the House or Houses of the Legislature of each State.
- Details about the structure of administrative machinery for the conduct of elections
- Qualifications and disqualifications for membership of those Houses
- Corrupt practices and other offences at or in connection with such elections
- The decision of doubts and disputes arising out of or in connection with such elections.
- By-elections to the vacant seats.
- Registration of political parties
Qualification for membership of the Lok Sabha: According to the act, a person shall not be qualified to be chosen to fill a seat in the Lok Sabha unless:
- He is a member of any Scheduled Caste of any state and is an elector for any Parliamentary constituency; in the case of a seat reserved for the Scheduled Castes in any State.
- He is a member of any Scheduled Tribe of any state and is an elector for any Parliamentary constituency in the case of a seat reserved for the Scheduled Tribes.
- He is an elector for any Parliamentary constituency; in case of any other seat.
Qualification for membership of the Rajya Sabha: A person shall not be qualified to be chosen as a representative of any State or Union territory in the Rajya Sabha unless he is an elector for a Parliamentary constituency.
Disqualification: Also, a person can be disqualified on various grounds. E.g.: corrupt practices, office of profit, person convicted of any offence and sentenced to imprisonment for not less than two years etc.
Election expenses: According to the section 77 of RPA, 1951, every candidate contesting in election to the House of the People or to the Legislative Assembly of a State, shall, either by himself or by his election agent, keep a separate and correct account of all expenditure in connection with the election incurred or authorized by him or by his election agent.
Corrupt practices: Section 123 defines the corrupt practices like bribery, undue influence, inciting religious sentiments, booth capturing etc.
Election disputes: The Representation of the People (Amendment) Act, 1966 abolished the election tribunals. It transferred the election petitions to the High Courts whose orders can be appealed to Supreme Court. However, election disputes regarding the election of President and Vice-President are directly heard by the Supreme Court.
Apart from the above, RPA act is pivotal in preventing criminals being elected as representatives, is always quoted by Supreme Court and High Court in various judgments.
- The recent judgement in the Abhiram Singh v/s E.D. Commachen case, section 123(3) of the act was repealed. The promotion of feelings of enmity or hatred between different classes of the citizens of India on grounds of religion, race, caste, community was considered unconstitutional.
- In Lily Thomas v/s Union of India, the Supreme Court declared Section 8 (4) of the Representation of the People Act, 1951, (RPA) which allowed legislators a three-month window to appeal against their conviction — effectively delaying their disqualification until such appeals were exhausted — as unconstitutional.
- The 2004 judgment of the Patna High Court in Jan Chaukidari v Union of India — upheld by the Supreme Court on 10 July, 2013— all those in lawful police or judicial custody, other than those held in preventive detention, will forfeit their right to stand for election.
Conclusion:
The RPA 1951 has been amended to the emerging needs of the society to help ECI in conducting free and fair elections. The Supreme Court and High Courts have also bolstered the electoral process by ruling time and again in to uphold the rule of law to conduct elections.
Topic: Salient features of the Representation of People’s Act.
Why this question:
The question is intended to evaluate the corrupt practices in the electoral processes that drive themselves a force through judicial orders.
Key demand of the question:
The answer must discuss in detail the problems associated with the electoral practices; in what way the judicial orders are misused to benefit the electoral gains.
Directive:
Discuss – This is an all-encompassing directive – you have to debate on paper by going through the details of the issues concerned by examining each one of them. You have to give reasons for both for and against arguments.
Structure of the answer:
Introduction:
Briefly narrate the issues concerning corrupt practices in elections.
Body:
Body of the answer should discuss the following aspects:
- We need to explain what corrupt electoral practices are prevalent in India and the impact of it.
- Explain that – that not only in the Parliament and State Assembly Elections, even in by-elections; religious, casteist and fake statements are made to support particular party and candidate, which is against the basic dictum of democracy and free and fair election in spirit of Article 324 of the Constitution. It offends right to know guaranteed under Article 19 of the Constitution
- Discuss the need for framing guidelines to overcome the issue.
- Suggest solutions.
Conclusion:
Conclude with way forward
Introduction:
A PIL has been filed in the Supreme Court seeking a declaration that misquoting a judicial order for electoral gains by a candidate during elections should be declared as a corrupt practice under the Representation of People Act recently. It has also sought a direction that the Election Commission of India (ECI) should have power to refer complaints against them for seeking vote on the basis of religion, race, caste, community or language to appropriate investigation agencies.
Body:
Misquoting judicial orders must be a corrupt practice as religious, casteist and “fake” statements uttered for electoral capital goes against the dictum of democracy and free and fair elections.
Need to frame guidelines:
- It has been observed, particularly, since 1990, that not only in the Parliament and State Assembly Elections, even in by-elections; religious, casteist and fake statements are made to support particular party and candidate, which is against the basic dictum of democracy and free and fair election in spirit of Article 324 of the Constitution.
- It offends right to know guaranteed under Article 19 of the Constitution.
- the recommendations made by the Goswami Committee in its 1990 report to teeth the ECI with powers to “refer any matter for investigation to any agency”; to “prosecute any person who has committed an electoral offence”; and to “appoint a Special Court for the trial of any offence or offences” under the Representation of the People Act (RPA).
- The EC cannot order the investigation even when the model code of conduct was in force.
These provisions will have application only during the period of the election. Moreover, there is no provision to challenge the corrupt practice of candidate, who has lost the election,
- Under Section 123(3) of the RPA, appeal on the grounds of religion, race, caste, community or language etc. and promotions of feelings of enmity between different classes constitute corrupt practice but same can be questioned only by way of election petition and the ECI cannot order the investigation even when Model Code of Conduct is in force.
- The Election Commission of India (ECI) was not able to curb hate and communally divisive electoral speeches over the years like the recent appeal of BSP leader to Muslim votes.
- The ECI doesn’t have the power to reject the nomination of contesting candidates and de-register the political parties for seeking vote on the basis of religion, race, caste, community or language.
- In January 2010, the ECI had proposed that the Act should be amended to curtail misuse of caste and religion for electoral gain but the government has done nothing in this regard till date
- The government has not taken steps to implement recommendations of the Law Commission’s 267th report on hate speech.
Conclusion:
The lacunae present in the electoral process have been misused by candidates and parties for their electoral gains, thus defeating the free and fair elections. There is a need to curb such illegal and unfair practices and ensure the democracy and rule of law is upheld.
Topic: Government policies and interventions for development in various sectors and issues arising out of their design and implementation.
Why this question:
The question is intended to critically analyse the factor of making Hindi as a compulsory language in the Indian education system.
Key demands of the question:
The answer must discuss in detail the language factor and the challenge of linguistic diversity that makes the question of compulsory language difficult in the education policy of India.
Directive:
Critically analyze – When asked to analyze, you have to examine methodically the structure or nature of the topic by separating it into component parts and present them as a whole in a summary. When ‘critically’ is suffixed or prefixed to a directive, one needs to look at the good and bad of the topic and give a fair judgement.
Structure of the answer:
Introduction
In a few introductory lines discuss the issue, context of current draft education policy.
Body
The body of the answer has to capture the following aspects:
- Explain first the historical debate of making Hindi a compulsory language.
- Why Hindi though is only the official language is given such importance despite the fact there is substantial opposition from the non-Hindi states.
- Discuss pros and cons of making Hindi a compulsory language in the education system.
- Explain the possible issues and challenges and suggest your opinion if English can provide to be a one stop solution for all issues.
Conclusion
Conclude with way forward and importance of preserving linguistic diversity.
Introduction:
The Draft National Education Policy, 2019 prepared by a committee chaired by Dr K. Kasturirangan has been shared by the Ministry of Human Resource and Development for public comments. The policy aims at making India a knowledge superpower by equipping students with the necessary skills and knowledge. It also focuses on eliminating the shortage of manpower in Science and Technology, academics and industry. The Draft Policy is built on foundational pillars of Access, Equity, Quality, Affordability and Accountability.
Body:
Following the submission of the draft National Education Policy 2019, there were protests against the three language formula.
The three-language formula has its roots back in the year 1961 and it was implemented as a result of a consensus during the meeting of various CMs of the Indian states. The Three-Language Formula was supposed to be not a goal or a limiting factor in language acquisition, but rather a convenient launching pad for the exploration of the expanding horizon of knowledge and the emotional integration of the country.
Three language policy:
According to the National Education Policy of 1968, the three-language formula means that a third language (apart from Hindi and English), which should belong to Modern India, should be used for education in Hindi-speaking states. In the states where Hindi is not the primary language, regional languages and English, along with Hindi shall be used.
This formula was altered and amended by Kothari Commission (1964–66) so as to accommodate regional languages and mother tongues of the group identities. Also Hindi and English remained at the two ends of the line.
- The First Language that students should study- Mother tongue or the regional language
- The Second Language: In Hindi-speaking states, this would be English or some other language belonging to Modern India. In Non-Hindi states, this will be English or Hindi
- The Third Language: In Hindi-speaking states, this would be English or some other language belonging to Modern India, but the one that is not chosen as the second language. In Non-Hindi states, this will be English or some other language belonging to Modern India, but the one that is not chosen as the second language.
However, the three language policy has the following cons:
- Though TLF provides scope for mother tongue language education, the emphasis is lost due to varied implementation.
- Amidst asserting political rights of dominant ethnic groups, this policy fails to protect various mother tongues from becoming extinct.
- Students have to face increased burden of subjects because of the three language formula.
- In some areas, students are forced to learn Sanskrit.
- The draft policy’s push for Hindi seems to be based on the premise that 54% of Indians speak Hindi.
- But according to the 2001 Census, 52 crore out of 121 crore people identified Hindi as their language.
- About 32 crore people declared Hindi as their mother tongue.
- This means that Hindi is the language of less than 44% Indians and mother tongue of only little over 25% people in India.
- But there has been greater push for making Hindi a pan-India language, which is seen as imposition of Hindi by many states, especially that of the South.
Language conundrum in India can be resolved only by making English the link language:
- It is the common language through which non Hindi speaking and Hindi speaking people converse so removing this link would lead to imposition of Hindi over the other states.
- English is a global language and Indians have been very efficient in using it be it call centers, IT sector. Pushing English away would only complicate the employment status of these people in India.
- As the world is integrated the role of English has increased manifold.
- Some of the languages spoken in India are much older than Hindi and are seen as symbol of its rich culture and heritage. Hence imposition of Hindi on such people would be met with resistance.
- English can act as a link language without endangering the sentiments of any state.
However English also has its own constraints because:
- Parents prefer English medium schools over vernacular language schools.
- In the modern Indian society speaking English is equated with higher status which means people who speak English are superior than one speaking mother tongue
- Quality of English education in rural areas is not very good and so it becomes difficult for the children there to compete with urban area students.
Way forward:
- Language is primarily a utilitarian tool.
- While acquisition of additional tools can indeed be beneficial, compulsory learning should be limited to one’s mother tongue.
- Besides, English, as the language that provides access to global knowledge and as a link language within India, could be a supportive language.
- Given this, not everyone is satisfied by the changes, and the three-language formula itself is seen as an unnecessary imposition.
Topic: India and its neighborhood- relations. Security challenges and their management in border areas
Why this question:
Question is about discussing the crucial role played by the Indian Navy in the Indian ocean region. Recently in an expansion of its Mission Based Deployments (MBD) in the Indian Ocean Region (IOR), the Navy deployed its P-8I long-range maritime surveillance aircraft for anti-piracy sorties from Salalah in Oman to patrol the Gulf of Aden.
Key demand of the question:
The answer must provide for a detailed narration of the geostrategic importance that the Indian ocean region holds for India and the countries around the region. One has to explain in detail the
Directive:
Discuss – This is an all-encompassing directive – you have to debate on paper by going through the details of the issues concerned by examining each one of them. You have to give reasons for both for and against arguments.
Structure of the answer
Introduction:
write a few introductory lines the current efforts being made by the Indian Navy in the IOR.
Body:
Have the following points in the answer:
- The geo-strategic importance of the Indian Ocean Region (IOR) has seen a gradual increase in the recent past. Indian Navy regularly deploys ships for Presence and Surveillance Missions (PSM), off critical choke points / sea lanes in the IOR.
- Since August 2017, Indian Navy deployments in the IOR have been further structured under the Mission Based Deployment (MBD) concept.
- Under MBD concept, In addition to the anti-piracy deployment, IN ships were also Mission Deployed for :
- Operation ‘GULFDEP’ in the Persian Gulf,
- Operation ‘CENTDEP’ in the central Indian Ocean Region,
- Operation ‘NORDEP’ in the northern Bay of Bengal and
- Operation ‘MALDEP’ in the Andaman Sea and approaches to the Malacca Strait.
Discuss other Naval operations that were significant n the IOR.
Conclusion –
Conclude with significance.
Introduction:
The Indian Navy recently deployed its P8I surveillance planes for carrying out anti-piracy patrol sorties from Salalah (in Oman) to patrol the Gulf of Aden and other piracy prone areas. The deployment is an expansion of Navy’s Mission Based Deployments (MBD) in the Indian Ocean Region (IOR), to keep the region safe.
Body:
Geo-strategic importance of the Indian Ocean Region (IOR):
- Indian Ocean has gained tremendous importance over the years and has now become the most concerted area where global economic activity conjoined political interests.
- The combination of economic growth and slowdown, military expansion, increasing demand for natural resources, demographics combined with the geo-political situation, increased presence of nuclear capable actors and variances in regional structures of governance, highlights the geo-political significance of this area.
- It is a home to world’s busiest waterways and chokepoints such as the Suez Canal, Bab al Mandeb, Strait of Hormuz and the Strait of Malacca. All these chokepoints and waterways are highly important for the rising nations of the world.
- More than half the world’s armed conflicts are presently located in the Indian Ocean region.
- It is also home to
- Continually evolving strategic developments including the competing rises of China and India
- Potential nuclear confrontation between India and Pakistan
- The US interventions in Iraq and Afghanistan
- Islamist terrorism
- Growing incidence of piracy in and around the Horn of Africa
- There has been a gradual to an accelerated expansion of maritime forces and their capabilities in the region.
- The growing presence of extra regional powers and nuclear capable nations has further altered the existing security framework. This is affecting the existing military balance and the impending imbalance could create a new architecture that could affect the prevailing security scenario.
- Naval bases:
- US uses the island of Diego Garcia as a major air-naval base and logistics hub for its Indian Ocean operations.
- France, meanwhile maintains significant presence in the north and southwest Indian Ocean quadrants, with naval bases in Djibouti, Reunion, and Abu Dhabi.
- India:
- India imports about 70 percent of its oil through the Indian Ocean Region to its various ports. As a consequence, it has been enhancing its strategic influence through the use of soft power, by becoming a major foreign investor in regional mining, oil, gas, and infrastructure projects.
- In addition, India has aggressively expanded its naval presence reportedly to include the establishment of listening posts in the Seychelles, Madagascar and Mauritius
- Its governance and security are under constant threat of being undermined, whether by non-state actors such as pirates, smugglers, and terrorists, or by furtive naval competition between states.
Mission-Based Deployments (MBD) philosophy was adopted by Navy in August 2017. This ensures availability of warships in 7-8 critical areas of the Indian Ocean Region on a nearly continuous basis to provide rapid response to any contingency. Under the MBD concept, the Navy now maintains a ship at every choke point in the IOR at any point of time.
The reasons behind the deployment of warships are:
- The continued prevalence of piracy
- Illegal fishing
- Arms smuggling and other such nefarious activities directly impinge on the maritime security of India in particular and the region at large.
- Natural disasters also ravage the region frequently.
- Increase in the presence of `Extra-Regional Forces’.
Some of the missions:
- Operation ‘GULFDEP’ in the Persian Gulf,
- Operation ‘CENTDEP’ in the central Indian Ocean Region,
- Operation ‘NORDEP’ in the northern Bay of Bengal and
- Operation ‘MALDEP’ in the Andaman Sea and approaches to the Malacca Strait.
As part of expanding engagement maritime engagement, India has taken the following steps:
- India has stepped up its cooperation with Indian Ocean littoral states and maritime neighbours, as part of expanding its maritime engagement.
- Under the ‘Neighbourhood First’ policy, the Navy undertakes Joint Exclusive Economic Zone (EEZ) surveillance with Maldives, Seychelles and Mauritius and Coordinated Patrols (CORPAT) with Bangladesh, Myanmar, Thailand and Indonesia.
- Search and rescue and capability-enhancement activities have also emerged as major areas.
- Besides escorting Indian flagged vessels, ships of other countries have also been provided protection
Conclusion:
Indian Ocean is an “ocean of economic opportunities”. The growing interests of major powers (US, UK, Russia, France and Japan) in the region, and the many Chinese infrastructure projects in the region create an imperative for India to actively limit the military maritime activity of external powers in the region. India should use the multilateral route to create a consensus for peaceful and sustainable use of the Indian Ocean and its resources.
Topic : Indian Economy and issues relating to planning, mobilization of resources, growth, development and employment.
Why this question:
The Article discusses at length the problem of unemployment and in what way one needs to see rising unemployment as a function of rising education and aspirations.
Key demand of the question:
The answer must explain the causes of rising unemployment challenge in India, what are the factors responsible and how it can be resolved.
Directive word:
Comment– here we have to express our knowledge and understanding of the issue and form an overall opinion thereupon.
Structure of the answer:
Introduction:
Begin with brief write up on the current unemployment scenario of the country.
Body:
The answer must discuss the following:
- Quote the facts from the report from the Periodic Labour Force Survey (PLFS).
- Discuss the conditions which suggest that part of India’s unemployment challenge lies in its success in expanding education while not expanding formal sector jobs.
- Explain in detail the observations taken together which suggest that the roots of India’s present-day unemployment challenges lie in its very success. Educational expansion affects the unemployment debate by skewing the unemployment statistics and by creating greater competition for well-paid jobs among a rising population of educated youth. Rising prosperity allows young graduates to wait for well-paying jobs, creating an army of educated unemployed, before being forced to accept any work, frequently returning to family farms or starting small shops.
- Conclude with way forward.
Conclusion:
Conclude with solutions to overcome the challenge.
Introduction:
The much talked about report from the Periodic Labour Force Survey (PLFS) is out. This was the first time that the NSSO conducted the Periodic Labour Force Survey, which is an annual survey mapping unemployment to provide a closer trace of unemployment. The earlier five-yearly surveys used to come with a lag of over one or two years, thus reducing the possibility of timely analysis.
Body:
Key findings in the report:
- The unemployment rate (UR) in both rural and urban India is at its highest since 1972.
- The unemployment rates among men and women in both rural and urban groups, are also the highest ever. The increase in the UR is more than three times among rural men and more than double among rural women according to the usual status since 2011-12
- The staggering increase in the unemployment rate, from 1.7% in 2011-12 to 5.8% in 2017-18 for rural men and from 3.0% to 7.1% for urban men, has generated wide ranging concerns.
- In urban areas, the unemployment rates for females are higher than those for males.
- For 15-19-year-old rural men, the proportion primarily engaged in studying increased from 64% to 72% between 2011-12 and 2017-18. As a result, while the proportion of the population aged 15-19 that is unemployed doubled from 3% to 6.9%, the unemployment rate tripled from 9% to 27%.
- Among social groups, the highest UR is among the ‘General’ or ‘Others’ category — 6.7 per cent. This groups is followed by Schedule Castes (6.3 per cent), Other Backward Classes (6 per cent) and Scheduled Tribes (4.3 per cent).
- Among religious groups, Christians have the highest UR in both urban and rural areas. In rural areas, Christians have a UR of 7.4 per cent, Muslims have a UR of 6.5 per cent, Sikhs 6.3 per cent and Hindus 5.2 per cent.
- In urban areas, Christians have a UR of 11 per cent, Sikhs 9.1 per cent, followed by Muslims 8.5 per cent and Hindus 7.6 per cent.
Apart from the above, the report presents a more nuanced picture if we are to look beyond the partisan debates to policy implications of the data on employment and unemployment. Three takeaway points from these data are of particular policy relevance.
- While the unemployment rate is a frequently used measure of poor performance of the economy, under conditions of rising school and college enrolment, it paints an inaccurate picture.
- The reported unemployment rate is dominated by the experience of younger Indians who face higher employment challenges and exhibit greater willingness to wait for the right job than their older peers.
- The unemployment challenge is greatest for people with secondary or higher education, and rising education levels inflate unemployment challenges.
- It is important to recognise that in a country dominated by informal sector work, remaining unemployed is possible only for individuals whose families can survive without their immediate contributions.
- The unemployment rate has been traditionally high for men with secondary or higher level of education and this is the segment in which most of the increase in unemployment is located.
Reality of jobless growth:
- Part of India’s unemployment challenge lies in its success in expanding education while not expanding formal sector jobs.
- These observations taken together suggest that the roots of India’s present day unemployment challenges lie in its very success.
- Educational expansion affects the unemployment debate by skewing the unemployment statistics and by creating greater competition for well-paid jobs among a rising population of educated youth.
- Rising prosperity allows young graduates to wait for well-paying jobs, creating an army of educated unemployed, before being forced to accept any work, frequently returning to family farms or starting small shops.
Way forward:
- Recognition of rising unemployment as a function of rising education forces us to grapple with different issues than a simple focus on unemployment statistics.
- If public policies such as demonetisation are responsible for rising unemployment, we would see across-the-board increase in unemployment for all age groups.
- This phenomenon is located mainly among the young and well educated reflects a challenge that goes well beyond the temporary slowdown facing India post-demonetisation.
- Creating jobs for an increasingly educated workforce and ensuring that the new workers are well equipped to enter the labour force are twin challenges that deserve greatest priority.
- Besides promoting technical education, the government needs to focus more on creation of jobs and demand for workers since industries are unable to create sufficient job opportunities for all the technically educated people
- Policies should ensure that the education systems prepare young people for the skill demands of employers through outreach programmes, training, apprenticeships, and access to job-search assistance measures
- There should be cluster development to support job creation in micro, small and medium enterprises (MSMEs). Most of the unorganised sector employment is in MSMEs, which tend to be concentrated in specific geographic locations.
- Private sector leaders should build capacity among unskilled and semi-skilled workers to ensure sustainability of renewable energy projects and provide opportunities to rural communities.
- Government officials should create public training programmes to prepare the poor and less educated people especially semi-skilled and unskilled for employment in the clean-energy sector.
Conclusion:
India has one of the youngest populations in an aging world. By 2020, the median age in India will be just 28. Demographics can change the pace and pattern of economic growth. While China’s spectacular growth has already benefited from a demographic dividend, India is yet to do so.
Topic: Indian Economy and issues relating to planning, mobilization of resources, growth, development and employment. Effect of policies and politics of developed and developing countries on India’s interests.
Why this question:
The article brings out a detailed discussion of Generalized System of Preferences (GSP), US-India trade relations amidst US’s withdrawal from GSP with India. The US terminated preferential tariffs to Indian exports on Friday after determining that it has not committed to provide “equitable and reasonable access to its markets” for the US.
Key demands of the question:
The answer should discuss the concept of Generalized System of Preferences (GSP), reasons of failure of the agreement between India and US, what are the repercussions of the same on India and what should India do to overcome the concerns posed by such a system.
Directive:
Discuss – This is an all-encompassing directive – you have to debate on paper by going through the details of the issues concerned by examining each one of them. You have to give reasons for both for and against arguments.
Structure of the answer:
Introduction:
Define what you understand by GSP.
Body:
Answer must discuss the following:
- The Generalized System of Preferences (GSP) is a U.S. trade program designed.
- Discuss its Features – These are unilateral, non-reciprocal and non-discriminatory benefits extended by U.S. to promote economic growth in the developing world by providing preferential duty-free entry for up to 4,800 products from 129 designated beneficiary countries and territories.
- Timeline: GSP was instituted on January 1, 1976, by the Trade Act of 1974. The GSP program has effective dates which are specified in relevant legislation, thereby requiring periodical reauthorization in order to remain in effect.
- Explain that the US terminated preferential tariffs to Indian exports after determining that it has not committed to provide “equitable and reasonable access to its markets” for the US.
- Some of the key reasons cited by trump administration are trade imbalance with India, no access to Indian market for us dairy, medical device industry and issues related to data localization norms.
- Benefit Restoration: As per US norms, a beneficiary country must meet 15 discretionary and mandatory eligibility criteria established by Congress to qualify for GSP. These include providing the US with equitable and reasonable market access, combating child labour, respecting internationally recognized worker rights and providing adequate and effective intellectual property rights protection.
However, reinstatement of GSP benefits is conditional.
Conclusion:
Conclude with what should be India’s way forward.
Introduction:
The Generalized System of Preferences (GSP) is a U.S. trade program designed to promote economic growth in the developing world by providing preferential duty-free entry for up to 4,800 products from 129 designated beneficiary countries and territories. It was instituted on January 1, 1976, by the Trade Act of 1974.GSP has been given on non-reciprocal basis yet the US has linked it with market access and tariff reduction which is against the basic tenets of GSP.
Body:
Significance of GSP:
- It is an umbrella that comprises the bulk of preferential schemes granted by industrialized nations to developing countries.
- It involves reduced Most Favoured Nations (MFN) Tariffs or duty-free entry of eligible products exported by beneficiary countries to the markets of donor countries.
- Economic growth and development in the developing world by helping beneficiary countries to increase and diversify their trade with the developed nations.
- Employment – Moving GSP imports from the docks to consumers, farmers, and manufacturers supports tens of thousands of jobs in the developed nation.
- Company Competitiveness is boosted by GSP as it reduces costs of imported inputs used by companies to manufacture goods.
- GSP promotes Global values by supporting beneficiary countries in affording worker rights to their people, enforcing intellectual property rights, and supporting the rule of law.
Reasons for withdrawal of GSP:
- The United States of America (USA) President Donald Trump has terminated India’s designation as a beneficiary developing nation under the GSP (Generalized System of Preference) trade program with effect from 5th June 2019.
- India no longer complied with the statutory eligibility criteria.
- The trigger for the latest downturn in trade ties was India’s new rules on e-commerce that restrict the way Amazon.com Inc. and Walmart-backed Flipkart do business in a rapidly growing online market set to touch $200 billion by 2027.
- That, coming on top of a drive to force global card payments companies such as Mastercard and Visa to move their data to India and the imposition of higher tariffs on electronic products and smartphones, left a broader trade package the two sides were working on through last year in tatters.
Repercussions of withdrawal of GSP on India:
- India exports nearly 50 products of the 94 products on which GSP benefits are stopped.
- India is the largest beneficiary nation under the GSP scheme and exported goods worth $6.35 billion to the U.S. under the preferential regime last year.
- This is close to 10% of the goods exported by India to the U.S. While the Indian reaction to the American decision has been mild so far that the Commerce Ministry termed it “unfortunate”.
- The GSP removal will leave a reasonable impact on India as the country enjoyed preferential tariff on exports worth of nearly $ 5. 6 billion under the GSP route out of the total exports of $48 bn in 2017-18.
- Removal of GSP indicates a tough trade position by the US; especially for countries like India who benefited much from the scheme.
- India is the 11th largest trade surplus country for the US and India enjoyed an annual trade surplus of $ 21 bn in 2017-18.
Way forward:
- Indian exports to the US under GSP program are mostly intermediaries and are not in direct competition with US producers which ultimately benefit US economy.
- The US should consider continuing India’s eligibility as a gesture of goodwill that reaffirms its commitment to the mutually beneficial relationship between our two countries.
- GSP remains a central aspect of the overall trade engagement and must remain available for Indian exporters keen to address the US markets.
- India needs to ensure a similar level of economic engagement with the rest of the world.
Topic: Morality; strengthening of ethical and moral values in governance;
Why this question:
The question is about discussing the concept of constitutional morality, its scope in the context of social ills such as untouchability in all possible forms.
Key demand of the question:
Answer should discuss how the issue of the rights of sweepers and scavengers has never entered the mainstream legal consciousness in the country.
Directive:
Discuss – This is an all-encompassing directive – you have to debate on paper by going through the details of the issues concerned by examining each one of them. You have to give reasons for both for and against arguments.
Structure of the answer:
Introduction:
In a few introductory lines explain the background of the question.
Body:
One must cover the following aspects in the answer –
- What do you understand by the constitutional morality?
- Why the above-mentioned social evils have remained as unrealized constitutional rights?
- Challenges in inculcating the constitutional morality.
- What needs to be done to further the utility of morality in such cases?
Conclusion:
Conclude with significance.
Introduction:
Article 17 of the Indian constitution provides for abolition of untouchability in all forms. However, there are many instances of manual scavenging, death of manual scavengers found across India.
Body:
Reasons for such human rights violation:
- There is lack of legal aid and advice programmes to address exploitative conditions of work imposed upon the scavengers and sweepers.
- Clear violation of fundamental rights that strikes at the root of their existence.
- There is neither accountability nor due diligence on the part of the state.
Constitutional morality means adherence to the core principles of the constitutional democracy. It specifies norms for institutions to survive and an expectation of behaviour that will meet not just the text but the soul of the Constitution. It also makes the governing institutions and representatives accountable.
In Dr. Ambedkar’s perspective, Constitutional morality would mean an effective coordination between conflicting interests of different people and the administrative cooperation to resolve the amicably without any confrontation amongst the various groups working for the realization of their ends at any cost.
Thus the scope of the definition of Constitutional Morality is not limited only to following the constitutional provisions literally but vast enough to ensure the ultimate aim of the Constitution, a socio-juridical scenario providing an opportunity to unfold the full personhood of every citizen, for whom and by whom the Constitution exists.
The sanction for manual scavenging lies at the heart of majoritarian mindsets and structures. It is part of an ideological framework that permeates the institutional apparatus of government.
Challenges in inculcating the constitutional morality is that the social realities are steeped in prejudice, stereotypes, parochialism, bigotry, social exclusion, and segregation.
Way forward:
- Four important corners of the Constitution needs to be guaranteed to every citizen:
- Individual autonomy and liberty
- Equality without discrimination
- Recognition of identity with dignity
- Right to privacy
- The sustenance of fundamental rights does not require majoritarian sanction and call for constitutional-procedural deliberation on the progressive realization of rights.
Conclusion:
The Supreme Court has shown through various judgements like abolition of Section 377 the challenges steeped in prejudices, stereotypes must be wiped out to uphold the constitutional morality as well as fundamental rights of individuals. The need of the hour is to sensitize people along with the better implementation of the laws to wipe out inhumane practices of manual scavenging and untouchability.
