Context: The Ministry of Home Affairs  declared Tehreek-e-Hurriyat as  an ‘Unlawful Association’ under the Unlawful Activities (Prevention) Act (UAPA) 1967.

MHA Declares J&K Outfit Tehreek-E-Hurriyat As Unlawful Association Under UAPA

• MHA Declares Jammu and Kashmir-based Tehreek-e-Hurriyatn is declared an unlawful association under provisions of  Section 3(1) of the Unlawful Activities (Prevention) Act (UAPA) 1967 for 5 years.
• Charges:  The group is engaged in activities aimed at separating Jammu & Kashmir from India and establishing Islamic rule. 
  • It has been accused of spreading anti-India messages and continuing terrorist actions to promote secessionism in J&K.

About Tehreek-e-Hurriyat

• Tehreek-e-Hurriyat is a separatist political party in Jammu and Kashmir, India founded by Syed Ali Shah Geelani.

About UAPA Act 1967

• The UAPA  is an anti-terrorism law first passed in 1967, aimed at protecting the sovereignty and integrity of a nation by preventing activities that threaten it. 
• Objective: It provides more effective prevention of certain unlawful activities of individuals and associations and dealing with terrorist activities and other connected matters.
• Designation as a  terrorist organization: 
  • Commits or participates in acts of terrorism,
  • Promotes terrorism
  • Prepares for terrorism
  • Is otherwise involved in terrorism.
  • The Bill also empowers the government to designate individuals as terrorists on the same grounds. 
• Punishments: The highest punishment is the death penalty and life imprisonment.
• Coverage: Offense and offender can be both Indian and foreign nationals.  The offense committed on foreign land can also attract UAPA provisions.
• Investigation: To be conducted by officers of the rank of Deputy Superintendent or Assistant Commissioner of Police or above.  Officers of the NIA, of the rank of Inspector or above, are empowered to investigate cases under UAPA (National Investigation Agency (NIA) functions as the Central Counter-Terrorism Law Enforcement Agency in India)
• Seizure of property: Prior approval of the Director General of Police/ NIA needs to be taken by the investigating officer to seize properties that may be connected with terrorism.

Continue Reading: UAPA: Unlawful Activities (Prevention) Act

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Context: Recently, the Union Minister for Environment, Forest and Climate Change and Labour and Employment launched the National Transit Pass System (NTPS) One Nation One Pass to facilitate the seamless transit of timber, bamboo, and other forest produce across the country.

One Nation One Pass for Smooth Transit of Forest Produce

• The NTPS is envisioned as a “One Nation One Pass” regime, enabling seamless transit across the country. 
• This initiative will streamline the issuance of timber transit permits by providing a unified, online mode for tree growers and farmers involved in agroforestry nationwide, contributing to the ease of doing business.

What is the One Nation One Pass or National Transit Pass System?

• The One Nation One Pass System provides seamless issuance of transit passes. This system helps monitor and keep records of transit permits for inter-state and intra-state transportation of timber and bamboo from private lands/government/private depots and other minor forest produce.

Key features of the One Nation One Pass System

• One Nation One Pass System is a role-based and workflow-based application available as a desktop-based web portal and a mobile application.
• Online registration and submission of the applications for Transit Permit (TP) or No Objection Certificate (NOC) through web portal and mobile app.
• Online applications for Species grown on private land are exempted from the transit pass regime. 
  • Online application submissions for Species grown on private land are not exempted from the transit pass regime.
• Online generation of Transit Permit or NOC based on species category.
• The QR-coded transit permits generated under NTPS will allow check gates across various states to verify the validity of the permits and allow seamless transit.
• E-payment system: Payment can be made online through the mobile app/web portal before downloading T.P.

Key Benefits of the One Nation One Pass System

• Streamlining Permit Processes: Expedite issuance of transit permits for timber, bamboo and other minor forest produce without physically going to forest offices.
• Pan-India Transit Facilitation: One permit for the whole of India for transit of timber, bamboo and other minor forest produce for ease of business.
• Seamless Cross-Border Mobility: Seamless movement across state borders from origin to destination through the help of a Mobile App.
• Ease for Producers and Transporters: Prevent hardships of timber and bamboo producers, farmers and transporters in obtaining permits and at forest check posts.
• Time and Cost Efficiency:Saving transportation costs and time will benefit farmers and traders and help increase farmers’ income.
• Holistic Impact on the Value Chain: Impact extends beyond merely encouraging agroforestry and tree farming; it also promises to incentivize the entire value chain and enhance the ease of doing business in this sector.

Present System

• Currently, transit permits are issued for transporting timber and forest produce based on state-specific transit rules. 
• Each state had its own transit regulations, which meant that to transport timber or forest produce across states, one was required to get a separate transit pass issued in each state. 

Other Recent Initiatives

• The Indian Forest and Wood Certification Scheme, and
• The Trees Outside Forest Initiative. 

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Context: Recently, South Africa moved to the International Court of Justice (ICJ), for an urgent order declaring that Israel was in breach of its obligations under the 1948 Genocide Convention.

• The ICJ is a United Nations platform for resolving disputes between states.
• Israel has strongly rejected South Africa’s application, terming it a “blood libel.” 

What is the UN’s Genocide Convention?

• Defining Genocide According to UN Convention:
  • The term ‘genocide’ is specifically defined in the UN’s Convention on the Prevention and Punishment of the Crime of Genocide. 
  • Enacted in 1948, it outlines criteria, including acts committed with the intent to destroy a national, ethnic, racial, or religious group.
• Criteria for Genocide:
  • The convention lists five acts constituting genocide: 
    • (a) Killing members of the group; 
    • (b) Causing serious bodily or mental harm; 
    • (c) Inflicting conditions of life for physical destruction; 
    • (d) Imposing measures to prevent births; 
    • (e) Forcibly transferring children.

About the International Court of Justice (ICJ)

• Principal Judicial Organ: The International Court of Justice (ICJ)  is the primary judicial organ of the United Nations, serving as a key component in international legal matters.
• Informal Name: Commonly referred to as the ‘World Court,’ the ICJ plays a crucial role in resolving legal disputes on a global scale.
• Establishment: Established in June 1945 by the United Nations Charter, the ICJ saw its first judges elected on February 6, 1946. 
• Seat: The seat of the International Court of Justice is at the Peace Palace in The Hague (Netherlands). Of the six principal organs of the United Nations, it is the only one not located in New York (United States of America).
• Language: French and English are the official languages of the Court.
• Functions:  The Court may entertain two types of cases: legal disputes between States submitted to it by them (contentious cases) and requests for advisory opinions on legal questions referred to it by United Nations organs and specialized agencies (advisory proceedings).
• Composition and Tenure: The International Court of Justice is comprised of 15 judges who are elected for a nine-year term. 
  • Members are chosen by both the General Assembly and the Security Council of the United Nations.
• The 15 judges of the International Court of Justice are distributed in following regions:
  • Three from Africa.
  • Two from Latin America and Caribbean.
  • Three from Asia.
  • Five from Western Europe and other states.
  • Two from Eastern Europe.
• Seat and Location: The Peace Palace in The Hague, Netherlands, serves as the official seat of the ICJ. 
  • It stands out as the only principal organ of the United Nations not situated in New York, USA.

Must Read: At UNGA, India votes for the Palestinian Right to Self Determination

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Context: India Considering Proposals to Connect Bangladesh’s Matarbari Port to Northeastern States.

About the Matarbari Port

• Matarbari port would be Bangladesh’s first deep-sea port capable of hosting large vessels.
• Objective: To strengthen the port’s cargo-handling capacity and to facilitate logistics operations with neighbouring countries.
• Funding: Japan International Cooperation Agency (JICA), granted a $750 million loan to the Bangladesh government for the Matarbari development.
• Operations: The Matarbari port is set to start operations in 2027.
• Significance: 
• • Enhance exports to Southeast Asia and other Asian markets, improving cargo handling capabilities for international trade.
  • Ease the burden on crowded ports like Chittagong.

What is the Significance of the Development of the Matarbari Port?

• Matarbari Port Boosts Economic Ties: The Matarbari port is expected to enhance economic ties and open up development prospects for India’s northeastern states, including Tripura. 
• Strategic Northeast Development Plans: Japan, Bangladesh, and India are strategically working to draw manufacturing to the Northeast. 
  • This joint effort aims to establish a robust industrial value chain in South Asia, focusing on exports to the Indo-Pacific markets.

Ports in India

• Ports in India are classified as Major and Minor Ports according to the jurisdiction of the Central and State government as defined under the Indian Ports Act, 1908.
• Major Ports are owned and managed by the Central Government and Minor ports are owned and managed by the State Governments. 
• The Major Port Authorities Act, 2021 provides for regulation, operation and planning of major ports in India.
• India has 12 major ports: Deendayal (Kandla), Mumbai, Mormugao, New Mangalore, Cochin, Chennai, Ennore (Kamarajar), Tuticorin (V O Chidambaranar), Visakhapatnam, Paradip and Kolkata (including Haldia) and Jawaharlal Nehru Port.
  • 13th Major Port (under construction) is Vadhavan Port, Maharashtra. 

What are Deep Sea Ports?

• Deep sea ports are ports that are capable of handling large ocean-going vessels, including container ships, bulk carriers, and oil tankers. 
• These ports are strategically located along coastlines to facilitate international trade and transportation.

Must Read: Global Maritime India Summit 2023

News Source: Livemint

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Context: From January 01, 2024, all wages under the Mahatma Gandhi National Rural Employment Guarantee Act (MGNREGA) scheme must be paid through an Aadhaar-based payment system (ABPS).

• The first order to enforce ABPS was issued on January 30, 2023, followed by extensions till February 1, March 31, June 30, August 31, and finally December 31. 

Centre Makes Aadhaar-Based Payment System Mandatory for MGNREGS Workers: Concerns Arising with this Mandate

• • Crores Of Workers Still Ineligible: Till December 27, 12.7% of these active workers are still not eligible for ABPS. Of the 25.25 crore registered workers under the flagship rural jobs scheme, 14.35 crore are categorized as active workers. 
• Deletion of Job Cards: Facing pressure from the Union government to have 100% ABPS-eligible job cards, States have deleted a number of cards which were not eligible for Aadhaar payments. 
  • As per LibTech India, 7.6 crore workers have been deleted from the system over the last 21 months.  However, the Union Government has asked State governments to take a generous view, allowing for cases where linking has not been done for any genuine reason.   

Denying Right To Work: With mandatory ABPS, more than one-third of the total registered MGNREGS workers will inevitably lead to the denial of the right to work. 

Need To Do:

Abolition of Mandatory Provision: The Union government needs to revoke this mandatory implementation of ABPS.

Need to Compensate: The Union government needs to direct the States to reinstate erroneously deleted workers and provide due compensation for the loss of work opportunities. 

About Aadhaar-Based Payment System (ABPS)

• Introduction:  Aadhaar-Based Payment System was first introduced in 2017.
• Use of Aadhar Number: ABPS uses the worker’s unique 12-digit Aadhaar number as their financial address.
• A Linking Process: To be paid under ABPS, a worker’s Aadhaar details must be seeded to workers’ job card.
  • Their Aadhaar details must be linked with their bank account and Aadhaar must be mapped with the National Payments Corporation of India (NCPI) database.
  • Also, the bank’s institutional identification number must itself be mapped with the NPCI database. 
• Significance: The ABPS implementation will plug leaks, ensure speedy payments, reduce rejection, promote transparency in wage payments and prevent any disruptions in workers’ wage payments caused by issues with their bank accounts.

To Read More: Mahatma Gandhi National Rural Employment Guarantee Act, 2005

News Source: The Hindu

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Context: Recently, the National Green Tribunal (NGT) has issued notices to 24 states and 4 Union Territories regarding the presence of arsenic and fluoride in groundwater.

NGT’s Suo Motu Action: Arsenic and Fluoride in Groundwater

• The panel was hearing a matter in which it had taken suo motu (on its own) cognisance of a media report that highlighted the presence of arsenic and fluoride beyond permissible limits in groundwater in some pockets of various states and Union Territories. The report stated that arsenic was detected in groundwater in parts of 230 districts across 25 states while fluoride was found in some pockets of 469 districts in 27 states, the tribunal noted in a recent order.

Observations Made by the Panel

• Presence of Metals in Groundwater: A bench of Judicial Member Justice Sudhir Agarwal and Expert Member A Senthil Vel said the Central Ground Water Authority had submitted a report in which it admitted the presence of arsenic and fluoride in the districts and the states.
• Negligence by the Central Ground Water Authority (CGWA): The CGWA is responsible for regulating groundwater but did not take any independent steps on the grounds that water is a state subject.

About Arsenic

• Presence: It is a highly toxic element naturally present in the environment and in the earth crust and groundwater of a number of countries. 
• Concerns: Arsenic’s long-term exposure from drinking-water and food can cause cancer, skin disease, cardiovascular disease and diabetes.
• Permissible Limit: World Health Organisation’s provisional guideline value for arsenic in drinking water – 0.01 mg/l (10 μg/l) and permissible limit of arsenic in India in absence of an alternative source – 0.05 mg/l (50 μg/l).

About Fluoride

• Presence: Soil, water, plants, and foods contain trace amounts of fluoride. Most of the fluoride that people consume comes from fluoridated water, foods and beverages prepared with fluoridated water, and toothpaste and other dental products containing fluoride.
• Toxicity: It is highly toxic. Death may result from ingesting as little as 2 g of fluoride in an adult and 16 mg/kg in children.
• Concerns: Prolonged fluoride consumption in higher concentrations in drinking water can cause dental fluorosis, skeletal fluorosis, kidney diseases and arthritis.
• Permissible Limit: According to WHO 1984 and Indian standard drinking water specification 1991 the maximum permissible limit of fluoride in drinking water is 1.5 ppm and highest desirable limit is 1.0 ppm.

About the Central Ground Water Authority

• Establishment: It was established in 1970 by renaming the Exploratory Tubewells Organization under the Ministry of Agriculture and later on merged with the Groundwater Wing of the Geological Survey of India during 1972.
• Mandate: It is the National Apex Agency entrusted with the responsibilities of providing scientific inputs for management, exploration, monitoring, assessment, augmentation and regulation of groundwater resources of the country.

About NGT

• It is a specialized judicial body established under the National Green Tribunal Act, 2010.
• Its primary purpose is to handle cases related to environmental issues and disputes.
• It has jurisdiction over matters concerning the enforcement of environmental laws, conservation of natural resources, and the prevention and control of environmental pollution.
• The Tribunal is not bound by the procedure laid down under the Code of Civil Procedure, 1908, but shall be guided by principles of natural justice.
• It comprises three major bodies: the Chairperson, the Judicial Members, and the Expert Members.
  • All these NGT Members are required to hold the office for five years and are not eligible for reappointment.

Must Read: Dynamic Groundwater Resource Assessment Report 2023

News Source: Business Standard

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Context: The inaugural edition of joint military exercise ‘Desert Cyclone 2024’ involving India and the UAE is set to occur in Rajasthan from January 2 to January 15.

More about the news: 

Desert Cyclone 2024: A Joint Military Exercise Between India and UAE 

• Counter Terrorism Operations: The Joint Military Exercise ‘Desert Cyclone 2024’ would focus on counter terrorism operations wherein the participants will engage in missions ranging from joint planning, operations, joint tactical drills.
• Significance: It will enhance interoperability by learning and sharing best practices in urban operations.
  • It will enhance the skills of armed forces in diverse areas of war-fighting by operating with armed forces of various nations. 
• Defence Cooperation between India and UAE: The collaboration in defence includes-
  • Port Calls
  • Defence training Supply of defence inventory
  • Implementation of regular exchange programs.
  • India-UAE Joint Air Forces exercise
  • Biennial International Defence Exhibition (IDEX)
  • exercise ‘Zayed Talwar’ with the UAE to enhance interoperability and synergy between the two navies.
• Potential areas of bilateral cooperation: Production and development of defence equipment; joint exercises of armed forces, sharing of information on strategy and doctrines; technical cooperation in respect of Intermediate Jet Trainer etc.

India and the UAE Relations in Brief

• Diplomatic relations: Established between India and the UAE in 1972.
• UAE opened its Embassy in Delhi in 1972 and India opened its Embassy in Abu Dhabi in 1973.
• Bilateral Exchanges: There have been regular high-level & functional level exchanges. 

Continue Reading…..

News Source: Live Mint

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Context: This article is based on the news “Supreme Court rules that tribunals cannot direct government to frame policy” which was published in the Hindu. The Supreme Court has outlined that tribunals, when operating within the confines of their governing legislations, lack the authority to compel the government to formulate policies.

Armed Forces Tribunal Cannot Direct Govt to Formulate Policy: SC

• The Supreme Court clarification arose in the context of the Armed Forces Tribunal (AFT) directing the government to establish a policy for appointing the Judge Advocate General.
• The judgment said the creation or sanction of a scheme or policy regarding the service of defense personnel or their regularization was the “sole prerogative of the government”.

About Tribunals in India

• Tribunals are institutions established for discharging judicial or quasi-judicial duties.  
• Objective: To reduce the caseload of the judiciary or to bring in subject expertise for technical matters. 
• Constitutional Provisions: In 1976,  Articles 323A and 323B were inserted in the Constitution of India through the 42nd Amendment.  
  • Article 323A empowered Parliament to constitute administrative Tribunals (both at central and state level) for adjudication of matters related to recruitment and conditions of service of public servants.
    • For example, CAT and SAT
  • Under Article 323 B, the Parliament and the state legislatures both are authorized to provide for the establishment of tribunals for the adjudication of disputes relating to the following matters: 
  • Taxation,  Foreign exchange, import and export, Industrial and labor,  Land reforms
• Currently, tribunals have been created both as substitutes to High Courts and as subordinate to High Courts.  
  • In the former case, appeals from the decisions of Tribunals (such as the Securities Appellate Tribunal) lie directly with the Supreme Court.  

• • In the latter case (such as the Appellate Board under the Copyright Act, 1957), appeals are heard by the corresponding High Court.
• Need for Tribunals:
  • They intend to provide a platform for faster adjudication as compared to traditional courts, as well as expertise on certain subject matters.
    • As per data retrieved from the Integrated Case Management System (ICMIS) by the Supreme Court of India, as on July 1, 2023 there are 69,766 cases pending in the Supreme Court.

Timeline: Indian Tribunal System

• 1941: The Income Tax Appellate Tribunal was established as the first Tribunal in India. 
• 1969: The First Administrative Reforms Commission recommended that the central government should set up Civil Services Tribunals at the national level and state levels.
• 1974: The Sixth Law Commission (1974), recommends setting up a separate high-powered tribunal and commission for adjudication of matters in High Courts. 
• 1976: The 42nd amendment empowered Parliament to constitute: 
  • administrative tribunals (both at central and state level) for adjudication of matters related to recruitment and conditions of service of public servants;
  • other tribunals for adjudication of certain subject matters including industrial disputes, taxation (such as levy and collection of taxes), and foreign exchange.
• 2017: The Finance Act, 2017 reorganized the tribunal system by merging tribunals based on functional similarity. The number of Tribunals was reduced from 26 to 19

The Armed Forces Tribunal

• AFT was established under the Armed Forces Tribunal Act 2007, with the power provided for the adjudication or trial by Armed Forces Tribunal of disputes and complaints with respect to commission, appointments, enrolments and conditions of service in respect of persons subject to the Army Act, 1950, The Navy Act, 1957 and the Air Force Act, 1950. 
• It can further provide for appeals arising out of orders, findings or sentences of courts- martial held under the said Acts and for matters connected therewith or incidental thereto.
• Principal Bench:  New Delhi 
• Regional Benches: Chandigarh, Lucknow, Kolkata, Guwahati, Chennai, Kochi, Mumbai, Jabalpur, Srinagar and Jaipur. 
• Composition: Each Bench comprises of a Judicial Member and an Administrative Member.
  • The Judicial Members are retired High Court Judges and 
  • Administrative Members are retired Members of the Armed Forces who have held rank of Major General/ equivalent or above for a period of three years or more, 
  • Judge Advocate General (JAG), who have held the appointment for at least one year are also entitled to be appointed as the Administrative Member.
• Rule and Procedure: The Tribunal shall transact their proceedings as per the Armed Forces Tribunal (Procedure) rules, 2008. The Tribunal will normally follow the procedure as is practiced in the High Courts of India. 

Challanges with Tribunals

• Constitutional Competence of Tribunals: The constitutional standing of tribunals has been questioned. In particular, whether the jurisdiction of High Courts and Supreme Court can be removed.  
  • For Example: In 1986, the Supreme Court ruled that Parliament may create an alternative to High Courts provided that they have the same efficacy as the High Courts.
• Independence of tribunals: In 2010, the Supreme Court noted that the tribunals in India have not achieved complete independence.

• • In 2014, the Supreme Court while reviewing the National Tax Tribunal Act, 2005 stated that when a tribunal is vested with jurisdiction of High Courts, the tribunal must be free from executive interference.
• Persistent Vacancies in Key Tribunals: The Standing Committee on Personnel, Public Grievances, Law and Justice (2015) had noted that several tribunals (such as Cyber Appellate Tribunal and Armed Forces Tribunal) have vacancies which makes them dysfunctional. 
  • As of March 3, 2021, there were 23 posts vacant out of total 34 sanctioned strength of judicial and administrative members in the Armed Forces Tribunal.
• Lack of Specified Procedure: The administrative adjudicatory bodies do not have any rigid set of rules and procedures. Thus, there is a chance of violation of the principle of natural justice.
• Increasing Pendency of Cases: As per report of  Parliamentary Standing Committee on Personnel, Public Grievances, Law and Justice. As many as 80,545 cases are pending in different benches of the tribunal as on December 31, 2022 in CAT.
  • Of these, 16,661 cases are pending for zero to one year, 46,534 for one to five years, 16,000 for five to 10 years and 1,350 for more than 10 years,
• Inadequate infrastructure: Many tribunals also do not have adequate infrastructure to carry out their functions efficiently which leads to high pendency rates thus proving unfruitful to deliver quick justice.

Way Forward

• National Tribunal Connection: The 74th report of the Parliamentary Standing Committee on Law, released in 2023, recommended the creation of an NTC to address concerns such as the selection process, set eligibility criteria for appointment, etc.
• Judicial Impact Assessment: In 2019, while reviewing the amalgamation of tribunals, the Supreme Court stated that judicial impact assessment should be conducted to analyze the amalgamation of tribunals.
• Qualifications: In Union of India vs. R. Gandhi , the Supreme Court outlined that when the existing jurisdiction of a court is transferred to a tribunal, its members should be persons of a rank, capacity and status as nearly as possible equal to the rank, status and capacity of the court.
• Independence: The administrative support for all Tribunals should be from the Ministry of Law & Justice. 
  • Neither the Tribunals nor its members shall seek or be provided with facilities from the respective sponsoring or parent Ministries or concerned Department.
• Case Management System: Tribunal should adopt an Advance Case Information system that facilitates the hearing of cases through video-conferencing and complete digitization of the functioning of the tribunal.
  • For Example, The National Judicial Data Grid (NJDG) is an online database which was establised as part of the “eCourts Project” in 2020.

Conclusion:

The Supreme court judgment serves as a reminder of the importance of respecting the boundaries and harmonious interplay between tribunals and the government, promoting a balanced legal framework and reinforcing the principles of democratic governance.

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Context: This article is based on the news “Goodbye multipolarity; hello bipolarity?” which was published in the Live Mint. India recently discussed with Russia about the importance of rebalancing and the emergence of multilateralism.

Indo-Russian Strategic Talks: Focus on Connectivity and Multilateralism

• Strategic Meeting: India held a meeting with leading representatives of the Russian strategic community and discussed connectivity, multilateralism, big power competition and regional conflicts. 
• Reformed Multilateralism: India called for reformed multilateralism, particularly in light of the polarized nature of the UN Security Council, which faced challenges in maintaining international peace.
• Summit of the Future: It emphasized that the Future Summit, scheduled to be hosted by the United Nations in September next year, should be viewed as a significant opportunity for advocating fairness, and reform multilateralism. 
  • This reform includes the expansion of Security Council memberships. A representative and well-functioning Security Council is needed to fulfil its primary responsibility for the maintenance of international peace and security.

What is Multilateralism?

• Multilateralism involves engaging multiple nations through international organizations and forums based on founding principles such as consultation, inclusion and solidarity. 

Need For Rebalancing Multilateralism

• Global Power Shifting: Shifting power from established players like the US towards rising powers like India,
  • This aligns with India’s aspirations for a greater international role, fostering a more equitable and representative global order.
• Increased geopolitical space for India: The US, facing domestic challenges and strategic rivalry with China, is increasingly focusing on the Indo-Pacific region. 
  • This could free up space for India to exert greater influence in its immediate neighborhood and beyond.
• Economic Opportunities: Rebalancing opens up new pathways for economic cooperation and trade diversification, allowing India to forge stronger partnerships with emerging economies and reduce dependence on China and others.
  • India’s sustained dependency on China remains a concern. During the period FY 2002 to FY 2012, the trade deficit increased from $1.1 billion to $37 billion; which then touched an all-time high of $73 billion in FY 2022.
  • Leading by example, G20 Presidency:  India’s focus on human-centric progress and inclusivity during its G20 presidency set a valuable precedent for future discussions on reforming multilateralism.

Concerns with Multilateralism

• Failure of UNSC to Address Global Issues: The Security Council’s failure to act during the Ukraine conflict and the terror attacks by Hamas in Israel highlight concerns about its effectiveness in addressing global crises. 
  • The Council’s inability to secure a humanitarian ceasefire in the Gaza war due to vetoes by permanent members raised questions about its efficacy in crisis management.
• Fading Impact of Multilateral Institutions: The economic and climate-related disruptions, impacting non-Western nations such as Egypt, are intricately linked to the diminishing influence of multilateral institutions, notably the United Nations.
  • The UN has been criticised for its inability to effectively address global challenges due to issues such as veto powers, lack of its own reforms, and erosion of trust among member states. 
• WTO Appellate Body Crisis: The use of veto power by the US on the appointment of new judges to the WTO appellate body has rendered the WTO’s dispute resolution process ineffective.
  • Similarly, the WTO has struggled to make progress in multilateral trade negotiations, with countries increasingly resorting to bilateral or regional trade deals, undermining the principles of multilateralism.
• Boycott of Multilateral Forums: Chinese President Xi Jinping and Russian President Vladimir Putin did not attend the East Asia Summit in Jakarta highlighting the irreversible threat faced by the multilateral order. 
• Rising China’s Hegemony: Chinese expansionism poses a significant threat in Asia due to its growing military and economic influence, exacerbating tensions in Europe with its steadfast support for Russia.
  • While China is at odds with many Asian neighbors, including Vietnam, the Philippines, India, Japan, and the US, Russia is fighting the West over Ukraine.
• Regulatory Challenges: In the realm of international trade, the World Trade Organization (WTO) has faced difficulties in reaching multilateral agreements due to disparities in regulatory frameworks on issues such as intellectual property rights, labor standards, and environmental regulations. 
  • This has resulted in the proliferation of bilateral and regional trade accords with varying rules and regulations, contributing to regulatory fragmentation and complexity.

India’s Multilateralism Policy

• Cornerstone of India’s foreign policy: India has traditionally been a proponent of multilateralism, emphasising the importance of collective global action to address transnational challenges. 
  • India pursuing its interests at international forums such as the UN by mobilizing developing countries or the global south on platforms such as NAM, G-77, etc.
• Active Member of MultilateraI Fprum : India has been an active member of various multilateral forums, including the United Nations (UN), the World Trade Organisation (WTO), etc.
• Addressing Global Challenges: India has been at the forefront of initiatives to address global challenges such as climate change, sustainable development, and counter-terrorism. 
  • Ex- India has been actively engaged in global climate negotiations and has taken steps to promote renewable energy, reduce carbon emissions, and enhance environmental sustainability. 
  • India has also played a prominent role in advancing the 2030 Agenda for Sustainable Development, with a focus on poverty eradication, healthcare, education, and gender empowerment.
• Reforming Multilateral Institutions : India has also been a vocal advocate for the reform of global institutions to make them more representative and inclusive, reflecting the changing global power dynamics. 
  • Ex-India has called for reforms in global governance institutions, such as the UN Security Council, to make them more inclusive and representative of the current global realities. 
• Advocating Multipolar World: India has promoted a multipolar world order, where power is distributed among multiple centres and no single nation dominates global affairs. 
• Advocating Sovereign Equality: India has been a vocal proponent of the concept of “sovereign equality” among nations, emphasising the importance of mutual respect, non-interference in internal affairs, and the peaceful resolution of disputes.
• Pursuit of Collective Actions: India remains committed to finding collective solutions despite the current crisis in multilateralism. 
  • India has put substantial effort into ensuring that the G20 does not focus on specific issues like Ukraine. 
  • Instead, it aims to secure agreements on various significant matters, such as the modernization of the global tax regime and the reform of multilateral development banks.
• Voice of Global South: It revitalised the principles of multilateralism at G-20 summit by convening first-of-its-kind ‘Voice of the Global South Summit,’ amplifying the voice of the Global South, championed inclusive development, and fought for the empowerment of women.
• The New Delhi Declaration passed during the G-20 summit underscored India’s commitment to climate justice and equity, urging substantial financial and technological support from the Global North.

Rise of Bilateralism and the Formation of New Regional Blocs

• Pursuing Regional Goals: In recent times, countries have shown departure from multilateralism and started aligning along regional lines to pursue their interests. Ex- Rise of Free trade agreements, QUAD, I2U2, etc.
• India’s Stance: India has also pursued bilateral and trilateral deals, such as the India-Japan-US trilateral dialogue and the India-Australia-Japan-US Quadrilateral Security Dialogue (Quad), which are seen as strategic partnerships aimed at balancing China’s rise in the Indo-Pacific region.

Issues with Bilateralism

• Fragmentation of Global Order: While promoting regional integration and cooperation, it can lead to fragmentation, exclusion, and even conflict. 
  • Ex- Rise of regional tensions in various parts of the world, such as the Middle East, Eastern Europe, and the South China Sea. 
  • These regional blocs can potentially dilute the global approach required for addressing global challenges, further marginalising smaller and less powerful nations. 
• Competition Among Regional Groupings: These regional blocs prioritise regional interests and exclude non-member states from their decision-making processes, leading to competition among different regional groupings. 
  • Examples of such regional blocs include the European Union (EU), the Shanghai Cooperation Organization (SCO), and the African Union (AU). 
  • The EU’s emphasis on regional integration and protectionist policies has been criticised for undermining global trade liberalisation efforts. 

Way Forward

• Balancing Bilateralism and Multilateralism:  By combining the direct engagement of bilateral negotiations with the inclusivity and fairness of multilateral forums, a comprehensive and effective approach to dispute resolution can be achieved.
  • This pragmatic and context-specific mix of bilateral and multilateral engagement enables nations to navigate complex disputes, promote cooperation, and work towards long-term stability on the global stage.
• Focusing on re-globalization: It is a more diversified and democratic approach that includes multiple centers of production, moving away from exclusive reliance on China’s factories and Beijing’s political decisions.
• Restructuring of Multilateral System: The multilateral system needs to be restructured from closed to more collaborative, with more trust-building cooperation between regional and global organizations.
  • The UN should establish an official partnership with selected regional organizations, which could include regular meetings between the leaders of members of the UN Security Council and heads of the regional organization.
• Reforming Multilateral Banks: The financial capacity and equitable representation of multilateral development banks (MDBs) needs to be enhanced.
  • This requires multilateral banks to pivot away from their traditional country-focused models and prioritize global public goods investments. 
  • This is crucial for promoting the sustainable advancement of poor and rich countries, enabling inclusive economic growth, and reducing poverty and inequality. 
• Data-governance Frameworks: Multilateral organizations should establish data-governance frameworks and common standards to combat the trend of data localization and foster cross-border data sharing and public-private data collaboration. 
  • They should help governments maintain a strong national statistical system, develop talent, and foster cybersecurity solutions and data-governance policies. 
  • For instance, the UN Development Program and the Office of the UN Secretary-General’s Envoy on Technology are promoting the concept of open technology which aims to enable the development of solutions that are made available for anyone to adapt. 
  • Examples are digital public goods (DPGs), such as open source software, and digital public infrastructure (DPIs), such as payment systems. 

Conclusion:

India’s role in rebalancing multilateralism is significant and holds immense potential. By advocating for reform, leading by example, building strategic partnerships, and addressing its own internal challenges, India can contribute to a more equitable and inclusive global governance system that reflects the Indian ethos of ‘Vasudhaiva Kutumbakam.’

News Source: Live Mint

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