Issues related with RTI Act
Relevance: Mains: G.S paper II: Indian Polity
Why in news?
- A study by Vidhi Centre for Legal Policy has found that there is a large gap between the judiciary’s pronouncements on the Right to Information (RTI) Act and the manner in which the High Courts are implementing it.
About RTI Act
- The Right to Information Act 2005 mandates timely response to citizen requests for government information.
- Under the provisions of the Act, any citizen may request information from a “public authority” (a body of Government or “instrumentality of State”) which is required to reply expeditiously or within
thirty days. - The Act also requires every public authority to computerise their records for wide dissemination and to proactively certain categories of information so that the citizens need minimum recourse to
request for information formally.
What are the issues?
- The RTI rules of several High Courts provide for a relatively inconvenient procedure when compared to the RTI rules of the Government of India.
- The lack of good quality proactive disclosures by several High Courts marks the failure of the High Courts to discharge a specific statutory obligation imposed under Section 4(1)(b) of the RTI Act(Mandates automatic disclosure for public entities for certain matters.)
- Lack of administrative transparency, especially financial transparency, within High Courts is a matter of grave concern.
- The report found that several High Courts have included patently illegal clauses in their RTI Rules.
- It pointed out that despite Section 8 of the RTI Act restricting the number of grounds for denying information to citizens, the RTI rules of several High Courts have included additional grounds
for rejecting requests for information. - Several High Courts did not recognize convenient modes of payments.
- Additionally, the report stated that the Gujarat High Court does not mention any mode of payment, which increases uncertainty for RTI applicants.
- On the convenience index, not a single High Court was able to match the convenience offered by the
Government of India’s RTI Rules.
Conclusion:
- It should be a matter of concern to see the judiciary lagging behind the Centre when it comes to abiding by the letter and spirit of the RTI Act.
- Transparency is something the judiciary itself must reflect and act on rather than be pushed on the matter by lawmakers and civil society.
Highlights the provisions of the Gujarat Anti-Terror Bill
Relevance: Mains:G.S paper II: Indian Polity: Acts and Bills: Governance
Why in news?
- Gujarat got the presidential approval for its controversial law aimed at fighting terrorism and organised crime (GCTOC) as President gave his assent to Gujarat Control of Terrorism and Organised Crime Bill, passed by the state assembly in 2015.
Background:
- The contentious Bill first introduced by then Gujarat Chief Minister Narendra Modi in 2003, failed to get the presidential nod thrice.
- In 2015, the Gujarat government reintroduced the Bill by renaming it the GCTOC, but retained a few controversial provisions .Sixteen years after the first version of it was passed by the Gujarat
Assembly, the Gujarat GCTOC has finally become law.
Whether a state law needs presidential assent?
- The Seventh Schedule to the Constitution includes three categories of subjects: ones on which only the centre can legislate, under List I; ones in which only the states can, under List II; and ones on which both the state and the centre can legislate concurrently, under List III.
- This means that the state of India can legislate on any matter in List II. It can also pass laws to override central laws on subjects in List III, as long as it receives the president’s assent, under Article 254 of the Constitution ( which provides that if a State law receives presidential assent after due consideration, then it can apply in contravention to the Central law in that particular State.)
What are the controversial provisions?
- It allows a confession to be recorded before a police official of Superintendent of Police rank to be admissible in the trial against the accused or any of the other accused in a case.
- It allows evidence collected through the interception of wire, electronic or oral communication” admissible in court against accused.
- It allows for the period of investigation to be extended from 90 to 180 days so that the police have more time to keep an accused in custody.
- It provides immunity to the state government officials so that no suit or prosecution can be initiated against it for anything which is done in “good faith”
- It prevents an accused from getting bail while in custody.
- The act also provides for death penalty as maximum punishment.
Criticisms:
- The evidence of electronic intercepts is seen as an intrusion on the privacy of citizens (Article 21).
- The accused may be subject to torture by the police to extract confession. Besides confessions made to police is not admissible in court even under the Indian Evidence Act.
- The vague definition of terrorism under the bill leaves scope for misuse as has happened with Terrorist and Disruptive Activities (Prevention) Act (TADA), Prevention of Terrorist Activities Act (POTA) and Unlawful Activities (Prevention) Act (UAPA).
Importance is East and Southeast Asia for India
Relevance: Mains: G.S paper II: International politics: Bilateral relations
Why in news?
- Prime Minister Narendra Modi, who left for Bangkok on 2nd November, said India will consider whether its concerns and interests in trade in goods, services, and investments are being fully accommodated when he attends the meeting of the RCEP there.
Background:
- PM Modi is in Bangkok to participate in the 16th ASEAN-India Summit on November 3.
- He will also attend the 14th East Asia Summit and the 3rd Summit meeting of nations negotiating a Regional Comprehensive Economic Partnership (RCEP) agreement on November 4.
Significance:
- In his departure statement, Prime Minister said ASEAN related Summits are key elements of India’s foreign policy, most notably our Act East Policy.
- Highlighting the importance of East Asia Summit, Prime Minister said it gives an opportunity to present our vision for the Indo-Pacific region. The Prime Minister added that during the visit, he will also hold bilateral meetings with a number of other world leaders present in the Thai capital for related summit meetings.
What importance is East and Southeast Asia for India?
- Since 50s India is active in this area and took fillip in 1992 when PV Narasimha Rao became the Prime Minister and he initiated the ‘Look East Policy’.
- In 1994 India joined ASEAN as a member of the forum and we continued with being
part of East Asia summits. - The region is mainly of India’s interest cause of trade which is approximately $600 million and is mounting onwards.
- Security is also a major dimension in this policy as securing Indo-Pacific region and securing India’s status in the Indian Ocean region is equally important for us.
What is the History behind?
- There has been imbalance historically but has progressed in time with the 10 ASEAN Countries which were 6 when we launched the Look East policy in 1992. The bilateral trade was about $2 billion.
- After the negotiations of free trade area in 2003 the trade was $12 billion which was progressively compounded rate of growth was around 12%.
- From 2003-2010, when we finalized the FTA in goods the trade had increased very significantly.
- By 2012 when we marked the 20th anniversary as a dialogue partner with the ASEAN and 10th anniversary as the summit relationship our trade had grown to $72 billion that means there was an annual progression of around 23% from 2003.
What are the issues related?
- The trade balance with ASEAN is a major concern as we had trade balance of $8 billion in 2012-13 when we
signed FTA in goods which today is in the tune of $22 billion. - The $107 billion out of the total global trade deficit of India which is in the tune of $180 billion is a huge number.
- The FTA with China will increase the trade deficit as without FTA itself we have a trade deficit of $55-70 billion that simply means we are throwing out our doors open to cheap low quality Chinese
goods coming into the country. - If in the area of steel, where China has 50% of global capacity or textile or pharma or plastic or aluminum or chemicals the trade with China is a matter of concern to Indian companies and
manufacturers. - It is also a concern for dairy products as signing RCEP will allow dairy products from Australia hit the local farmers badly.
Why RCEP is significant?
- India is on anonymous interest of ASEAN countries for its huge market since the
inception of RCEP. - It is also the interest of India to connect with these countries not only for trade and commerce but for the 4 pillars/ 4 Cs – Connectivity, Culture, Commerce and Capacity Building.
Way forward
- Reducing trade deficit with 16 ASEAN members through RCEP in a macro level. Getting positive response for services and skilled labour movement which should be free and fair to reduce the trade deficit.
- Making Indian goods and prices competitive to face the challenges of cheap imports.
- To make changes in domestic policy to make business more easily comparatively.
- Use for full potential the informal meetings to work out trade deals like the Mamallapuram informal meeting between India and China.
- India has to look at the entire region very carefully to play a significant role and counter Chinese influence.
Look at the niche areas of India’s interests like civilizational, cultural like the Cholas empire in the 10th century, support for India’s independence, shift from interstate to inter social linkages etc. - Integrate the North east states for better connectivity with the ASEAN region.
Conclusion
- With one year time for signature procedures for RCEP, India as well as ASEAN have ample amount of time to accommodate the demands of all .
- With India seeing success in West Asia, it should be more conscious and geographically construct its relations between the ASEAN nations to counter the China wave.
Significance of the Indo-German economic ties
Relevance: G.s paper II: Polity: Bilateral relations
Why in news?
- India and Germany signed multiple pacts and joint declarations of intent and exchanged agreements after bilateral talks between Prime Minister Narendra Modi and German Chancellor Angela
Merkel in New Delhi on 1st November 2019. - The agreements were inked for cooperation in fields such as space, civil aviation, maritime technology, artificial intelligence, digital technology, medicine, defence, cyber security and education.
Background:
- Prime Minister said the expertise of economic power houses like Germany could help in his government’s aim to build a “new India” by 2022. He invited Germany to also take advantage of
opportunities in defence production in dedicated corridors in Uttar Pradesh and Tamil Nadu. - Germany is India’s largest trading partner in Europe and more than 1,700 German companies operate in the country. Merkel said she was accompanied by a big German business delegation including
small and medium enterprises (SMEs), who wanted to engage in business with India.
Significance:
- In the context of the on-going flux of uncertainties in world economy and politics like the Policies of the United States and China which is dubbed as new world Imperialism the ties between India
and Germany assumes importance in global affairs. - With certain commonalities like both countries i.e, Germany being the largest in Europe and India in South Asia and historical sufferings much in similarity like Germany had the challenge to rise again after the war and India after colonialism meets a great synergy in their objectives.
What is the cooperation of Germany to India in Economic context?
- Germany owns 2.91% of total FDI in India between April 2000 to December 2017 making it the 7th largest foreign investor in India.
- The famed SME sector in Germany, also known as “Mittelstand” are tied into the “Make in India” and have great potential for creating jobs, bringing in new technologies, etc.
- The “Mittelstand” companies can help transform Indian manufacturing due to their expertise in technology which can boost up Indian manufacturing sector.
- Both the countries have a win-win situation as Germany is an economic powerhouse and India is a promising market that is growing as well as developing.
- Germany is an important trade and investment partner for India in particular with investment, technology, renewable energy, Infrastructure etc which is in boom.
- With India and Germany being part of G-4 vying for a permanent seat at the UNSC they have opportunity to build ties and achieve their goals together.
- With Brexit in place, Germany will be more important to India along with France who also considers economic ties with India.
What are the concerns?
- The bilateral investment treaties which insist that an investor has to first exhaust
all domestic legal options before it can take a case towards international arbitration is a point of concern for both India and Germany. - With US abandoning the principle of ‘Most Favored Nation’ status and India too imposing protectionist
policies threaten the idea of Free and Fair trade. - Domestic politics in Germany is much more complicated in the last 4 years like the refugee problems and growth rate is of concern in the ties.
Way forward
- Addressing the legal issue of the bilateral investment treaty can help the “Mittelstand” companies in India and around 140 Indian companies operating in Germany.
- India and Germany can stand together and voice for Free and Fair trade which should be the main agenda in the ongoing global affairs.
- With strong institutional mechanisms in place and regular consultations and meetings, the problems of Domestic politics can have the least impact on the ties.
Conclusion
- India stands to gain from Germany which is an economic powerhouse and Germany from India, which is a promising market.
- By handling judiciously the impacts of ‘Bilateral Investment Treaty’ and with more cultural and people-to-people ties, India can establish a strong institutional relationship with Germany which can give a robust boost to Indian Economy as a whole.