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24 Nov 2023 : The Indian Express

Editorial 1 : Engaging with APEC

Introduction: The 2023 Asia Pacific Economic Cooperation (APEC) summit was held in San Francisco last week. The US hosted APEC after a gap of 12 years.


What is APEC?

  • The Asia-Pacific Economic Cooperation (APEC) is an intergovernmental forum for 21 member economies in the Pacific Rim that promotes free trade throughout the Asia-Pacific region.
  • Established in 1989, APEC aims to create greater prosperity for the people of the region by promoting balanced, inclusive, sustainable, innovative, and secure growth and by accelerating regional economic integration.


Outcome of APEC summit 2023

  • The Golden Gate Declaration was fairly routine though some countries did not agree to include references to Ukraine and Israel in the declaration.
  • China had ignored the Ukraine and West Asia crises from its readout of the Xi-Biden Summit.
  • China and Russian Deputy Prime Minister Alexei Overchuk opposed the Ukraine and Israel sections.
  • The outcome of the summit process is that China and US are talking again after nearly a year. The US-China Summit restored communications, including military, which was suspended by China.
  • On most other matters, there is no new agreement because China still wants its way of dealing with the world to be accepted.
  • APEC emphasised the rivalry between USA and China but perhaps reduced the rough edge of confrontation.
  • China’s economic strength has dissipated, and it is keen to woo further investment and technology transfers, which the US curbs.
  • However, Biden told the APEC CEOs that the US was de-risking and diversifying from China, not decoupling.
  • The US-Japan-Korea trilateral summit was held around APEC.
  • Related to this is the quick resumption of the Japan-China Summit. Through the Kishida-Xi meeting, they agreed to establish a new dialogue framework on trade. This may deal with the restrictions on semiconductors and other technology.
  • Japan, China and Korea are also moving ahead on a trilateral foreign ministers’ meeting.
  • Taiwan was represented at APEC by Morris Chang, founder of Taiwan Semiconductor Manufacturing Company, for the ninth time.
  • Other US officials and APEC members like Singapore undertook meetings with the Taiwanese delegation.
  • For Taiwan, APEC is important as it is the highest level of interaction it gets under any institution.
  • Taiwan discussed the issue of Chinese economic coercion, but mainly focused on admission into the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP).
  • The CPTPP member countries met around APEC.
  • The US is missing from this and Taiwan and China are applicants. The UK is the latest inclusion into it.
  • The CPTPP trade ministers looked ahead since the trade aspect of Indo Pacific Economic Framework (IPEF) had failed to materialise.
  • The Golden Gate Statement says that APEC will seek a well-functioning dispute settlement system for WTO, accessible to all members by 2024, and pursue a Free Trade Area of the Asia-Pacific.
  • The WTO aspect is important for India but India’s absence from regional trading arrangements in the Indo-Pacific and with the US needs a relook if the supply-chain initiatives and Indian export resilience is to benefit.


Benefits of joining APEC to India

  • Enhanced trade and investment opportunities: APEC is a major economic bloc, accounting for nearly 60% of global GDP and 40% of world trade. Membership would grant India access to a vast market of over 2.9 billion consumers and 21 economies, boosting its export potential and attracting foreign investment.
  • Reduced trade barriers: APEC members have committed to trade liberalization, leading to lower tariffs and non-tariff barriers. India's membership would facilitate easier access to APEC markets, reducing costs and enhancing competitiveness.
  • Improved trade facilitation: APEC has implemented various initiatives to streamline customs procedures, simplify border processes, and enhance supply chain efficiency. India's participation would enable it to adopt these best practices, reducing trade costs and improving logistics.
  • Access to knowledge and expertise: APEC provides a platform for knowledge sharing and exchange of best practices among member economies. India could benefit from access to APEC's vast repository of expertise in areas such as trade policy, technology, and economic development.
  • Enhanced regional integration: APEC promotes regional cooperation and collaboration on various issues, including trade, investment, infrastructure development, and sustainable development. India's involvement would strengthen its ties with other Asian economies and contribute to a more integrated and prosperous Asia-Pacific region.
  • Increased global recognition: APEC membership would raise India's profile as a major economic power and a key player in the Asia-Pacific region. It would enhance India's international credibility and attract further investment and partnerships.
  • Economic growth and development: Overall, joining APEC would provide India with a significant boost to its economy, fostering trade, investment, and economic growth. It would create new job opportunities, improve living standards, and contribute to India's long-term prosperity.


Challenges in joining APEC

  • Domestic economic reforms (More opening of the economy)
  • Consensus-based decision-making in APEC (China can stall India’s membership)
  • The geo-political rivalry between USA and China
  • Subsidies and agricultural protection
  • Bureaucratic hurdles
  • Ensuring domestic support, especially allowing foreign companies in dairy, farming sector


Conclusion: India is in the same region and needs to engage with aspects of APEC so that its economic goals can be met. This can make India a better alternative to new FDI in China.

Editorial 2 : An opaque process

Introduction: In his farewell speech on November 21, Allahabad High Court Chief Justice Pritinker Diwaker raised questions on his transfer from Chhattisgarh to Allahabad HC in 2018.

 

Other recent allegations on the collegeum system

  • Justice Bibek Chaudhuri of Calcutta High Court, who had been transferred to Patna High Court, compared his transfer to the Emergency-era mass transfers of judges, in his own farewell speech.
  • In an interview to the Indian Express on November 22, another chief justice of a high court, Justice Sanjib Banerjee, said that the NV Ramana-led Collegium did not inform him of the reasons for his abrupt transfer as Chief Justice of Madras High Court in 2021.


Larger issues related to working of collegeum system

  • The point underlined by the three judges highlights a larger issue — the functioning of the Collegium system.
  • Transfers are recommended by the SC Collegium for several reasons.
    • One, to set the stage for appointing chief justices or ensuring elevation to the SC.
    • A potential candidate for SC judgeship is usually sent to a large high court to be tested on judicial performance.
    • The other reason for transfers is punitive — to deal with errant judges.
  • Constitutionally, impeachment is the only remedy when questions of propriety are raised against a judge.
  • The process of impeachment is political, requiring a trial by Parliament.
  • Since it requires a very high degree of evidence and political will, transferring a judge out of his parent HC has been seen as an easy solution for over three decades.
  • However, since nobody beyond the three or five Collegium judges is aware of the reasons, a shadow is cast on the transfer process.

 

Arguments in favor of the collegium system

  • Independence of the judiciary: The collegium system is seen as a way to protect the judiciary from undue influence from the executive and legislature. This is because the judges themselves are responsible for appointing their colleagues, rather than the government. This is important because the judiciary is responsible for upholding the rule of law and ensuring that the government acts within its constitutional limits.
  • Expertise: The judges are seen as having the best knowledge and expertise to select their own colleagues. They are familiar with the work of other judges and can assess their suitability for appointment.
  • Experience: The collegium system has been in place for many years and is seen as an effective way to select judges.

 

Arguments against the collegium system

  • Lack of accountability: The collegium system is not accountable to the public. There is no way for the public to challenge the decisions of the collegium.
  • Opacity: The collegium system is not transparent. The selection process is not open to public scrutiny and the reasons for appointing particular judges are not always clear.
  • Nepotism and favoritism: There is a risk that the collegium system could be used to appoint judges on the basis of nepotism or favoritism, rather than merit.

 

Consequences of the collegium system

The collegium system has had a number of consequences for the Indian judiciary. Some of these consequences are positive, while others are negative.

Positive consequences

  • Maintenance of judicial independence: The collegium system has helped to maintain the independence of the Indian judiciary. The judiciary has been able to strike down unconstitutional laws and hold the government accountable for its actions.
  • High quality of judges: The collegium system has led to the appointment of a high quality of judges. The Indian judiciary is one of the most respected in the world.
     

Negative consequences

  • Lack of accountability: The collegium system has been criticized for its lack of accountability. The public has no way to challenge the decisions of the collegium.
  • Opacity: The collegium system has been criticized for its opacity. The selection process is not open to public scrutiny and the reasons for appointing particular judges are not always clear.
  • Nepotism and favoritism: There have been concerns that the collegium system could be used to appoint judges on the basis of nepotism or favoritism, rather than merit.
     

Conclusion: Overall, the collegium system is a complex issue with both positive and negative consequences. It is important to weigh these consequences carefully when considering whether or not to reform the system.