13 May 2023 : The Indian Express

Editorial 1: Their Common Ground

Context:

• Context: Strategic convergence between India and the US has been growing in the last 10 years. India and US have most important and comprehensive strategic partnership and US is India’s largest trading partner with $190 billion. US has supported India’s global and regional aspirations apart from major power ambitions. India’s 5 million strong diaspora in the US is another strong link.

Chequered History of India- US relations:

Positive aspects:

• US helped India with finance and training to build India’s first nuclear reactor Apsara in the 1960s.
• US had recognized Mcmahon line between India and China.
• It provided wheat under its PL-480 Food Aid programme during drought and Famine in India.
• US Scientist Dr Norman Borlaug and Dr MS Swaminathan led the Green Revolution in India.

Negative aspects: 

• US denied India crucial advanced weaponry during India-China war in 1962
• It vehemently opposed India’s nuclear programme.
• US supplied F-104 and the F-86 Sabres in large numbers – virtually free of cost – to Pakistan during 1965 war and rejected India’s requests for help.
• Further US had put unilateral sanctions on India for testing nuclear device in 1974 and 1998.
• US sent its naval ships to support Pakistan during 1971 war.
• US also did not provide satellite mapping support at a crucial point during Kargil war of 1999.
• Recently, US rejected India’s request for sharing nuclear submarine technology.
• Furthermore, recently US official policy has been to oppose India’s permanent membership of the UN Security Council due to being non-signatory to the Non-Proliferation Treaty (NPT).

State of India-US relations:

Economic relations:

• The bilateral goods and services trade between the two countries has almost doubled since 2014, exceeding US USD 191 billion in 2022 and target is to achieve USD 500 billion by 2025.
• The US is India’s largest exporter and trade partner, while India is the 
  • 7th largest trading partner for the US in 2021.
• The US is also the third biggest investor in India with a cumulative 
  • Foreign Direct Investment (FDI) inflow of USD 56,753 million from April 2000 to September 2022.
• India-US signed bilateral Strategic Energy Partnership in 2018.

Strategic relations:

• “Strategic Partnership” agreement of 2005 was upgraded to “Comprehensive Global Strategic Partnership” agreement in 2020.
• India-US defence cooperation is based on “New Framework for India-US Defence Cooperation”, which was renewed for a period of ten years in 2015.
• India has signed all four ‘Foundational Defense Agreements’ and has achieved the status of ‘Major Defence Partner’. These include
  • General Security of Military Information Agreement (GSOMIA) in 2002
  • Logistics Exchange Memorandum of Agreement (LEMOA) in 2016
  • Communications Compatibility and Security Agreement (COMCASA) in 2018
  • Basic Exchange and Cooperation Agreement (BECA) in 2020
• Bilateral military exercises and defense exchanges like Tiger Triumph (triservice), Yudh Abhyas (Army); Vajra Prahar (Special Forces); RIMPAC; Red Flag, PASSEX and MALABAR multilateral exercises are important.
• Civil Nuclear Agreement or "123 Agreement" 2008 is a bilateral agreement for peaceful nuclear cooperation which governs civil nuclear trade between American and Indian firms to participate in each other's civil nuclear energy sector.
• 2+2 Annual Ministerial Dialogue since 2019: It is led by the Foreign and the Defence Ministers of India and the U.S.
• The iCET or US-India Initiative on Critical and Emerging Technologies 2022: It is managed by the National Security Councils of both countries. Under the initiative, 6 areas of cooperation have been identified: Scientific research and development, Quantum Computing, Artificial intelligence, Defence, innovation.
• India-U.S. have signed Cyber Security Framework in 2016.
• India-U.S. Science and Technology Cooperation Agreement signed in 2005, which was renewed for a period of ten years in 2019.

Global relations:

• India joined Quad grouping 2004:  It reiterated their common vision for a free, open and inclusive Indo-Pacific region. The three practical areas of cooperation include affordable and equitable Covid 19 vaccine access for the Indo-Pacific; strengthening climate actions; and critical and emerging technology.
• India-U.S. Counter-Terrorism Cooperation Initiative 2010: It aims to expand collaboration on counterterrorism, information sharing and capacity building.
• In 2022, India joined I2U2: A minilateral of India, Israel, United States (US), and United Arab Emirates (UAE) calling the alliance as an ad-hoc, informal, issue-specific and geoeconomic initiative.

Diaspora ties:

• Indian diaspora in US is very strong at around 4.5 million which is around 1% of its population. Most are having powerful positions within the technology and political domains.

Way Forward:

Comprehensive and strategic partnership between the two countries is based on the strong foundation of shared values, commitment to democracy, rule of law, transparency, freedom, etc. Further 5Ts - Talent, Technology, Tradition, Trade, and Trusteeship – can boost India-US relationship. Need is for both countries to iron out differences and promote joint development ensuring technology transfer for mutual benefit and achievement of global and individual goals.

Editorial 2: One nation, many governments

Context:

• Latest Supreme Court verdict on control over services by the elected government of National Capital Territory of Delhi has brought new perspectives on the idea of federalism, pluralism and representative democracy. This has strengthened people’s confidence in Judiciary.

Key details of the Verdict:

Various principles enunciated by the court include:

• Principle of Representative Democracy: It implies that real power rests with the elected government, subject to the provisions of the Constitution.
• Principle of Accountability and Collective Responsibility of the elected government: It means Control over officers ensures Triple Chain of Collective Responsibility i.e. Bureaucracy accountable to the Elected Government i.e. Political Executive, which in turn is responsible to the Legislature i.e. the electorate.
• Principle of Federalism: The apex court rejected the argument that Indian constitution is federal with strong unitary features with respect to UTs. Instead, SC clearly held that Indian constitution has dual polity of Union and states, each having their sovereign powers.
  • The apex court quoted Dr Ambedkar and SR Bommai Judgement 1994 that Indian constitution is neither a league of states nor are the states mere administrative units or agencies of the government. They are not subservient to the Union nor its mere appendages.
  • Rather, under the constitution, Centre and states are co-equals.
• Unique status of Delhi in the Constitution: Article 239AA adopts asymmetric federal model where NCT of Delhi remains a Union Territory yet makes it a federal entity.
  • • This scheme of distribution of powers can not be disturbed to give a greater say to the Union Government.
    • All Union Territories (UT) cannot be treated in the same way.
    • UTs with Legislative Assemblies are akin to states and their executive powers extend to all matters on which their Assemblies can make laws.
• Principle of Pluralism: Constitution has been designed to accommodate varied interests and local aspirations.
  • • This indicates that constitution has embedded the principle of ‘unity in diversity’.
    • Federalism in a multi-cultural, multi-religious, multi-ethnic and multi-linguistic country like India ensures representation of diverse interests.
    • Recognition of regional interests strengthens the unity of the country and embodies the spirit of democracy.
    • For instance, Article 371 grants special autonomy to various states according to their specific requirements.

Basic Details:

SR Bommai Judgement 1994:

• The Judgement held that imposition of President's Rule under Article 356 negates the federal character of the Indian political system, where administration is typically shared between the Union and State governments. It also militates against the democratic doctrine of popular sovereignty, since an elected government is suspended.
• The Supreme Court laid down certain guidelines so as to prevent the misuse of Article 356 of the constitution.
  • The majority enjoyed by the Council of Ministers (CoM) shall be tested on the floor of the House.
  • Centre should give a warning to the state and a time period of one week to reply.
    • The court cannot question the advice tendered by the CoMs to the President but it can question the material behind the satisfaction of the President. Hence, Judicial Review will involve three questions only:
      • Is there any material behind the proclamation?
      • Is the material relevant?
      • Was there any malafide use of power?
  • If there is improper use of Article 356 then the court will provide remedy.
  • Under Article 356(3) it is the limitation on the powers of the President. Hence, the president shall not take any irreversible action until the proclamation is approved by the Parliament i.e. he shall not dissolve the assembly.
  • Article 356 is justified only when there is a breakdown of constitutional machinery and not administrative machinery

Sarkaria Commission on Centre State relations:

• Federalism: Traditional understanding about the federalism was that it is a division of powers between and among the units of the federation.

i.e., Federalism implies Division of powers which leads to division of responsibility.

• However, in real sense, division was not the division of power itself rather it was a way to share the common responsibility of such a big and diverse country so that administrative efficiency may come.

• Types of Federalism:
  • Competitive Federalism - If units of the federation competes with each other, it is known as Competitive federalism.
  • Co-operative Federalism - If units of the federation co-operates with each other, it is known as Co-operative federalism.
• Asymmetrical Federalism - Centre sharing asymmetrical relationship with various states and thus give rise to asymmetry in India's federal structure. For example -
  • Some states has got more seats in union legislature and some got less.
  • Some states were given special status and were given special funds.
  • Some states enjoy little more autonomy that what enjoyed by the others (North-Eastern States)