USA AND AFGHANISTAN DEAL:WHY INDIA IS BEING SIDELINE?

See,after 9/11, when tali-bani government fell,India immediately stepped up to show its diplomatic presence in Afghanistan and has invested billions of dollars and extended complete support to Afghanistan civil court and has sponsored Afghan's parliament,Selma Dam,embassies, consulate,roads,electricity,schools etc.So,ever since the negotiation process begin,India has been objectifying to it,because USA government bypass the civil government and directly deal with Taliban. Our government considers that these radicals should not be given complete legitimacy.

India has always considered Taliban as just another terrorist organisation and it has some valid reasons-

1)Hijacking of IC-814j(Kandahar hijacking),as the flight landed in Kandahar,the tali-bani sheltered and protected the hijackers.As a result of that we had to trade Omar Saeed Sheikh(beheaded Daniel Pearl on live camera)and Masood Azhar who later founded the Jem(Jaish e Mohammad),who were also later involved in 26/11 attacks in return of Indian hostages.

2)The Haqqani network which is a fraction of Taliban carry out many attacks in embassies and consulates of Indian government in Afghanistan and also hamper the development projects,schools etc.

As a result of this hostility,India has even covertly supported the northern alliance in Afghanistan.

See,Northern Alliance were group of tribal militia operating in tribal parts of Afghanistan,who raised their guns against Taliban and were also supported by Russia,USA and  Iran.See,the world knows who raised Mujaheddin ,who got wings and later transformed into tali-bans.And even after seventeen years of war with Taliban in Afghanistan USA had not been able to curb the menace of Taliban and ended up in negotiation table with Taliban.

THE DEAL

See,the problem is Afghanistan does not have any stable government.People there have lost their faith in governance and this can be evident from the fact as there only few voters turnout not due to Taliban threat but,due to their disinterest.So,the very purpose of the deal is to bring peace in the war affected zones of Afghanistan and to make Taliban and the Ashraf Ghani government there to sit on the negotiation table to come up with a proper governance system.Its not only USA who is involved in the negotiation process actually it  USA,RUSSIA,IRAN,CHINA,PAKISTAN,TAJIKISTAN,UZBEKISTAN and TURKMENISTAN who are currently involved and thus named 6+2+1 agreement.

See,India being excluded from the negotiation process,may be possible due to Pakistan's presence as the world knows Taliban are now operated by ISI and they don't want India to be part of negotiation process.The Taliban initially agreed but after few days of this deal,attack on Gurudwara. The ethnic groups and minorities there are still persecuted by Taliban and even after all this India allowed the minorities of Afghanistan i.e Hindus and Sikhs to give citizenship.

See,even after this deal happens without India's involvement,considering Taliban as a legit group in Afghanistan and to hold negotiation meetings will not serve India's purpose as the result of the hostility in the past.But,India should keep an eye on deal as it further progresses as Afghanistan is strategically important for us because it is a gateway for us to connect to the European and middle east countries.

RUMOUR AND ITS PSYCHE

In this blog I will be sharing my views on rumour mongering and how it can end up in polarizing the society which already do exist but will act like adding fuel to fire.

See,for this purpose let's see the anatomy and psychology behind it.During any crisis be it riot,war or pandemic,we have always seen a surge in rumour mongering and circulation of fake news.this trend has been noted through century,in some cases these rumours have been planted deliberately by vested groups or in some case it may have originated from not a credible source and such rumour mongering can have terrible social crisis.Example-during 1984 anti Sikh riots rumours were circulated that Sikhs were accumulating weapons in Gurudwaras around the country.During wars and epidemic during Europe,rumours were circulating that Jews were deliberately poisoning the wells.Now,during Covid crisis rumours mongered that Muslim shopkeepers and vendors were deliberately spitting on fruits and trying to spread the virus,which was an old video which came into the right context.But,in all these cases it has been noted that these rumours have gained widespread acceptance and they end up in polarizing the society.

Here's the anatomy of fake news-

1)Ring of truth(Half truth,plausible)- something that is reasonable because human tendency is to believe anything that is plausible.So,element of half truth makes it believable because something completely illogical we may not believe it but something plausible,we might end up believing it(it should be in the context).

2)Strong emotion attached to it-this always effect the collective psyche of the person.

See,if ten friends go to a restaurant and one of them orders Chicken Biryani,than no need to show the menu to rest of them or they will pretend like going through menu but ultimately end up in ordering Chicken Biryani only.See,this human psychology,they are driven by collective psyche.

3)Spreads rapidly,especially during times of crisis.

 So,with the emergence of new form of communication the rumours have not only become a social threat but also a security threat.The creation and emanating of fake news increases rapidly during crisis because human psychology is driven by heard mentality when faced by external threat.

So,when there is war,civil unrest or disaster group dynamics come into play and likes in particular group show solidarity and treat the unlike's with suspecion.

So,this war between likes and unlike's create fertile ground for propagation of rumours specially during crisis.As rumours circulate the mutual suspicion between likes and unlike's start coming true and will end up in polarizing the society. 

SOLUTIONS

Restrictive laws in place,it will help in punishing the ones who have created and circulated the rumour.

But,this will have only limited impact.Along with this we need leaders of society to play a effective role to tackle rumour mongering.Community leaders and democratically elected leaders have key role to play in preventing the rumour.

   

RAJASTHAN POLITICAL CRISIS:MOCKERY OF JUDICIARY

In the recent couple of months  several incident happened in  Rajasthan politics that is totally unconstitutional.The state government accusing the central government for misusing the office of governor and involving their party members in horse trading has made the politics look funny more than ever.But,in all this blame game the constitution and its laws have been misused and presented like it can be toppled by any government in power.The similar incidents have already happened in Madhya Pradesh,Karnataka and Manipur where the opposition government was enjoying the victory unaware of the future.See,defection of MLA is not a new concept,it relates back to Gaya Ram of Haryana who changed his party thrice in course of 24 hours and to prevent such things in future,Anti Defection Law was introduced which has become a toothless tiger.But,in all this the judiciary is being used as a puppet  where it needs to be questioned every time by filing a PIL despite all things written in constitution,let's analysis the events which happened in Rajasthan's politics and how it is unconstitutional.

The rebel MLA'S were facing the disqualification proceedings at Rajasthan legislature and accordingly the anti defection law contained in the tenth schedule of Indian constitution,the speaker of Rajasthan assembly was supposed to take a call on disqualification of of rebel MLA but even before the speaker could take a decision the Rajasthan high court stepped in and on the basis of petition filed by Sachin Pilot camp,it has ordered the speaker to maintain the status quo with regard to the disqualification proceeding,basically judiciary has intervened in matter of disqualification on ground of defection even before speaker of house took a decision on it.In several cases it has been made very clear by Supreme Court that judiciary shall not intervene in matter of disqualification on the ground of defection before the preceding officer of the house has made his decision.

The governor of the state function as constitution head of the state and it play a key role in governance of state and maintaining a political stability in a state as a result of constitutional duty placed on governor and his function crucially link between central government and state government.See,the issue is rebel MLA's have expressed there sense of no confidence in the government.The stability of state government has come under question but the CM of state has claimed that he has the necessary number to prove his majority and hence, he asked the governor for immediate floor test,that is for the test of confidence on the floor of house but despite the advise of CM,who heads the council of minister,the Rajasthan governor has failed to summon the session and he has been delaying the floor test,this leads to allegations that the delay is intended to buy time to opposition,BJP to indulge in horse trading inorder to bring down democratically elected state government.This delay on the part of Rajasthan governor to call for a floor test despite the advise of council of minister goes against previous ruling of Supreme Court,because in several cases SC has made it very clear that when it comes to summoning an assembly session the governor of the state does not enjoy discretionary power,infact as mandated by constitution the governor is bound by the aid and advise of council of minister.

So,the case of Rajasthan governor delaying the floor test and citing several reasons does not stand the test of constitution and judicial scrutiny.But,in contrast in MP we saw that governor was in hurry to conduct the floor test without providing the ample opportunity for the incumbent government.So,such contradictory behavior of governor and courts has questioned the constitutional laws and its enforcement.

Today,it is BJP who seems to topple the office of state governor and topple state governments.Back in 1960 and 1980 it was the congress which was  famous for using the office of governor for toppling the state government.This is clear contempt of court but no one has filed a PIL yet to remind supreme court of breach of there orders.Here,the judiciary has just contracted to a PIL thus making mockery out of it.    

INDIA AND NON-ALIGNED MOVEMENT

India in its recent statement said that,India shall never be a part of any alliance system and even called upon the USA to look beyond alliances or power block against  Geo political rivals.The foreign ministry also said that India recognizes the non alignment principles are outdated and in today's multi polar world,a major power like India needs to take a definitive stand even at cost of taking crucial issues such as connectivity,maritime and security etc.See the non alignment principal served very well in bipolar world,between the then superpower USA & Soviet Union,it was because of this policy India managed to retain strategic autonomy and independence in its foreign policy even though it was forced to choose side between two super powers.

But,the year 1971 was turning point for India's foreign policy because during the liberation of Bangladesh war as the USA chose to sign with Pakistan and as it started threatening India with military consequences,India was forced to abandon the non alignment principle and India chose to side with Soviet Union in order to secure its national security.But after the collapse of USSR during the cold war era,the non alignment principle has lost its relevance and this has been rightly pointed out with India's foreign minister.The bipolar world of cold war has been replaced by multi polar world.

This means principle of non alignment requires different meaning in multi polar world.Today non alignment does not necessarily refers to choosing of side between super powers instead it refers to once independence in foreign policy without being seen as an ally of any country or being part of any alliance system.See,this stand publicly brought out by foreign ministry is a well thought out calibrated policy that has been adopted by the government of India.This policy that has been stated by foreign minister came under right time because currently we are dealing with double crisis one is challenge posed by COVID 19 and the other of ongoing border tension with China.In the middle of this challenging geopolitical tension the USA has been pushing India to join an alliance system known as QUAD,this group has been projected as a military alliance lead by USA against China's influence and aggression in Indo Pacific region,at a time when geopolitical tensions are at peak between USA and China and at a time when India is dealing with its own border tension with China,The USA has been pushing India into a alliance system and this undermines India's autonomy and national interest.

See,it is only India that shares land boundary with China and that too disputed one.India siding with like minding countries definitely provide a strategic leverage for India but projecting the grouping as military alliance goes against India's interest because the consequences of any Chinese aggression will have to bone only by India and not by any other QUAD  member.India's interest will be served if it establish a well coordinated relation with JAPAN,AUSTRALIA,USA and maintain a stable relation with China instead of moving towards constant conflict by becoming part of military alliance.But,in order to pursue such a diversified foreign policy differing interest and differing objective,India will have to retain its autonomy and independence in its foreign policy and this can be never achieved by an alliance system.           

WOMEN OFFICER CAN GET PERMANENT COMMISSION

The ministry has finally granted commission to women officer as per the order of Supreme Court which was passed earlier this February.On 17 feb,in the landmark verdict ,SC had ruled that women officer in Army should be granted permanent commission and Command positions in all the services other than combat whose decision was vested with the Army.

See,since 1992 all the three branches of Indian Armed forces have tried to promote gender equality by recruiting women in several non combat roles.In the Army,Navy and Air force women have been included in several stream including medical,legal,education,signals,engineering and logistics.But,however women's in Armed forces are facing gender based description on two grounds-

1)Entry in combat roles

2)Granting permanent commission 

BACKGROUND

See,the armed forces has restricted the entry of women to combat roles citing their physical and mental limitations and their unique physiological need which almost border on the line of gender stereotyping.But,however IAF has made some progress off let and it has started opening up to bring women into combat roles such as fighter pilot.But,Indian Army and Indian Navy are still firmly against the entry of women in combat roles but,in contrast countries such as Israel,Australia,Germany,USA already allowed women in all combat role.Then comes the issue of granting permanent commission.See,in armed forces those who are recruited under PC ,they get to serve until their retirement and as a result they enjoy retirement benefits such as pension.But,apart from from PC there is another stream of service which is known as SSC,they initially get to serve only for a period of 10 years and later they can take another extension of 4 years.So,in total SSC officer get to serve till 14 years,they can opt for PC but this privilege for opting for PC,earlier was extended to male SSC officer.Than in 2008,Army granted PC to female SSC officer in two stream that is the legal stream where women officer were serving as judges,advocates and education stream where women officer were serving as education core.See,presently women officer are allowed to serve in ten different non combat roles but permanent commission is granted to them in only law and education and then upon this women officer have been denied command posts,which would allow them to head their command unit.So,as we can see on three grounds that is combat role,grant of PC and command posting petition have been filed in SC and HC.   

REASONS GIVEN BY CENTRAL AND ARMED FORCES

The argument given by them may sound like a bizarre argument and even labelled them as sexiest and patriarchal because the argument of central and armed forces almost border themselves on the line of gender stereotyping,while SC was looking in the case of granting PC to women officer in the Army the central had argued against the grant of PC,the armed forces particularly to Army continues to make strong stand against the entry of women in combat roles.Similarly the armed forces are still hazitant  to promote women to command position.Some of the bizarre arguments include-

1)Male officer in Indian society are not accustomed to taking command from female officer.

2)Female officers have different physiological need which affect their physical and mental being,which is basically a reference to menstruation and on this basis center has doubt on performance ability of women officer.

3)The female officers have to take natures call such as pregnancy,child birth etc.

4)Indian society is not prepared to see a women officer being captured by enemy as of POW in actual combat. 

 

And it on these grounds women have been denied entry in combat forces and even grant of PC. 

 

These bizarre argument of central and armed forces have been dismissed  time and again by judiciary

and even labelled them as sexiest,gender stereotyping and patriarchal.

OPINION

See,I will not be sounding like Patriarchal or sexist and try to present my neutral view.Being an Army Brat I have seen the life of a Army man,they have their proper courts just like any SC or HC where matters are discussed and judgments given.Working as an officer in defense forces requires full commitment and hardship,they have to go through rigorous training and soldiers are recruited from all across the country where they still have the Patriarchal mentality existing.See,our demography is different from those countries like USA,ISRAEL,AUSTRALIA etc, we are bordered by two hostile countries who are in seek of infiltration and LOC violation,and these activities are in  fore everyday.

See,our defense forces have always seeked  for  citizens welfare and good being. Any decision is thoroughly discussed and presented before defense courts and then is made public.We have to trust our forces and stop making any racist remark without any proper knowledge of facts. 

HEALTHCARE SYSTEM IN PANDEMIC:EXPOSED!

See,the Covid-19 has exposed the shortcoming of India's public healthcare system.In the coming month,we are going to require a few 1000 or few lakh hospital beds,and also require advance healthcare facility such as-

ICU,VENTILATORS AND BEDS.

  

But a large proportion of it is available in private sector than public sector.The question is who has created this polarization?Here are some possible reasons-

REASONS

Post independence like any other country,India has different set of priorities for its public healthcare system.Initially, we were busy in building the primary health care system, In order to cater basic healthcare reach to population,and this approach has left the building of secondary and tertiary healthcare                                                                            system over the year.

In the initial year just like any other developing country,India has been carrying out immunization program,to more and more people,under cover of vaccination.

It was focused on reducing its maternal mortality rate and infant mortality rate,by investing heavily on maternal health and Paediatric(branch of medicine dealing with children and disease) health care.

Over the year India has been battling common infection such as TB,POLIO etc.So,over the year,India's most investment in public healthcare has gone into these priority areas,leading neglect of other areas,such as secondary and tertiary healthcare. 

 

HOW THIS IS NOT JUSTIFIED

Over the year the investment of India in public healthcare system has stagnated and it stands at just 1.3% of India's GDP.Investment in public healthcare system,this happens to be lowest in the world.Upon this lack of accountability,corruption and lack of regulation  in public healthcare system has resulted in severe shortage of ICU,ventilators and other advanced equipment in public sector.

The low investment of government in public healthcare system has also affected the public healthcare,as the specialized doctor who are poorly compensated in public sector,they take up attractive positions in private hospitals,leading to critical shortage in public sectors.In contrary to all these private healthcare system are expensive and unaffordable  and majority of India's population that continues to be poor,cannot access the private healthcare system.Hence,they are contained to low quality of services provided by public healthcare system.

 

ASSAM MOB LYNCHING

In the state of Assam,three people who were suspected to be Bangladeshi nationals were lynched by a mob on based suspicion that they were involved in cattle smuggling.This horrific incident of mob lynching points to complete breakdown of law in Assam and it adds to series of mob lynching incident witnessed across the country.Whether you talk about Palghar lynching where two Hindu Sadhus were lynched on suspicion that they were thieves,such repetitive incident of mob lynching in country points out to weakening of rule of law and it is a result of complete failure of governance and law and order of the state.See,for a society to have public order its people must have both fear and faith in the rule of law.The fear will not let them violate any law as they would be punished and the faith that justice would be delivered to them on account of injustice.But,in a society where people do not fear the rule of law and where they have lost their faith in rule of law,the people tend to take law in their  hands which results in incident such as mob lynching.So,by this logic we can assume that incidents such as mob lynching takes place in those countries where the governance and law and order machinery has completely failed to maintain public order.This assumption holds very true to state such as Assam because within a span of few weeks this is the second incident which has been witnessed in Assam.According to National Crime Records Bureau(NCRB),Assam has one of the highest crime rates in the country and it register nearly 143 crimes per 1 lakh population.See,if we observe few years,incidents of mob lynching has increased significantly and have been driven by circulation of fake news by social media platforms.Report shows that most incident of mob lynching which has taken place over past few years have been based on fake allegations that the victims who were targeted were involved in-

-Cow slaughtering

-Cattle Smuggling

-kidnapping of children

Even if these allegations are true and even the victims have committed crime as alleged still does not satisfy lynching by the mob.Analysis of these incidents show that most incidents of mob lynching took place on the basis of news circulated on social media and many of the incidents have communal angle to it.The root cause of these incidents is the polarization which already exist in our society.These things enable the mob to loose the fear in the name of the law and it embolden them to take law in their hand and target any individual on mere basis of any allegation or suspicion.

Currently NCRB continuous to list mob lynching as any other act of murder but this needs to be changed as mob lynching is not just any act of murder but it is a hate crime which is being committed by one section of society to another.See,lynching has no place in our democratic civilized society and it is the outcome of police inaction and failure of the government.to uphold and maintain public order.

The Supreme Court has laid down certain guidelines for central and state and has directed them to come out with specific law that deals with mob lynching incidents following these directions of Supreme Court,Manipur  became first state in India to come out with specific anti mob lynching law and followed by Rajasthan and West Bengal.There are provisions under IPC and Crpc which allows mob lynching laws to be treated as Hate crime and does provide for punishment but problem is, these laws are not enforced by center as well as state government.It is this failure in enforcement which has lead to repeated incidents of mob lynching.

   

       

FISHING IN TROUBLED WATER DURING A PANDEMIC

As the countries are busy containing the Pandemic,China is trying to exploit the opportunity created by the pandemic.Over the last couple of months it has been seen that China has increased its maritime operation in disputed South China sea.Lets take some example to understand this-

-In early April incidents near Parcel island(disputed with Vietnam),in this particular incident Chinese coastguard deliberately crashed and sunk the Vietnamese boat and in past also similar aggression has been shown by the Chinese navy and coastguard.

-The Natanu islands(disputed with Indonesia),it has emerged as new dispute between China and Indonesia,recently the Chinese fishing vessel backing of Chinese coast guard have indulge in illegal fishing.

-Kagitman Reef and Zamora Reef(disputed with Philippines)in this the satellite image have shown landing of Chinese military plane in disputed Kagitangan Reef.According to research,China has deployed research military centers at these two islands.

These increased military aggression by China during this pandemic  in South China Sea,and their claim in  East China Sea over the disputed islands which Japan has sovereign rights  is  aggravated.Apart from their vague historical claims there is one more thing that they might be showing their aggression against is USA.Over the years USA has developed itself a key player in South China Sea,following these developments,the USA has also criticized China for its aggressive moves.China knows that these moves,are going to affect its close relationship with South East Countries and its globally nurtured image,but if its going with its strategy it means,that it is trying to take advantage of the window of the opportunity created by the pandemic.

This could be also China's reaction to express its displeasure against FONOPS that USA recently conducted with Vietnam. FONOPS(FONOPS) means(freedom of navigation operation).It is a joint exercise conducted by USA in South China Sea and its allies to counter China.These naval operation by USA has always been criticized by China and may be expressing its displeasure by the naval exercises which are conducted by USA.   

INDIA DROPPED FROM CHABAHAR PORT:WHAT'S AT STAKE?

Iran has decided to exclude India from strategic Chabahar rail project and it has come as massive setback for Indian foreign policy.There is intense speculation that Iran must have done this at the behest of China because it has recently offered strategic partnership to Iran which includes closed economy and military relations.So,we need to understand the strategic significance of Chabahar port and Bandar Abbas port in Iran.These ports in Iran are crucial for rail link project that seek to connect Iran with Central Asia because India's access to Chabahar port and rail project will help India to access the mineral rich Hajigak Iron ore region of Afghanistan where Indian mining companies have won Iron ore mining rights.

These ports of Iran and rail link projects are crucial to India because it will help India access to central Asian countries and even Europe through INSCP(international north south corridor project) which include India,Iran,Russia and Azerbaijan.These infrastructure project are also necessary for fulfilling the agreement of "Ashgabat project".In 2016,the proposal to admit India and Pakistan into the Ashgabat agreement was approved by the member and they formally entered into the grouping in 2018.See the proposal INSCP seeks to connect India,Russia and Europe by establishing an alternative route that passes through Iran.See the current trade route between India and Europe passes through Suez canal and Mediterranean sea which happens to be longer and more expensive route.So,in order to bypass this traditional route India and Russia has proposed the INSCP which includes Iran and Azerbaijan.This is multi model transport corridor that includes maritime transport which connects India with strategic ports of Iran such as Bandar Abbas and chabahar port.Here Road and rail network can transport the goods to the Caspian sea and through Azerbaijan the goods can be further transported to Russia and further to Eastern Europe and further to Western Europe.So,Iran location is centered to two project and it occupies the same central position under the proposed Ashgabat agreement.

So,in all these strategic project Iran plays a major role and Chabahar project,Bandar Abbas project and Chabahar rail project are critical links in these projects.Yes,its natural for India to feel excluded as it has decided to keep India out of the project.India might feel threatened to Iran's growing partnership with China but India will have to wait patiently and engage in quiet diplomacy with Iran. 

See,Iranian government has always been vary of close relation with China because Iran is very well aware of the China;s debt trap diplomacy and its approach to trade.Iran is well aware of the fact that a close economic partnership with China could lead to one way interest that could go against Iranian interest.That's why Iran has always tried to balance the extent of trade with China.But,now geopolitical tensions and ongoing tension with USA has forced Iran to seek closer economic partnership with China.Ever since DONALD TRUMP government decided to quit the joint comprehensive plan of action of Iranian nuclear deal,Iran has been brought into lot of pressure and assassination of IRG(Iranian Revolutionary Guard) commander Gen. Qasim Sulemani at the beginning of this year by USA and increase military deployment by USA in Persian gulf  near strait of Hormuz has further increased tension and it has brought Iran into lot of pressure.So,the only two countries which can help Iran to counter balance of balance the pressure are"CHINA" and "RUSSIA",which happens to be permanent member of UNSC.   

ANTI DEFECTION LAW:A TOOTHLESS TIGER

"A time has come when parliament should have a rethink on whether disqualification petitions ought to be entrusted to the speaker as a quasi-judicial authority when such speakers continues to belong to a particular political party".After what happened in Karnataka,Madhya Pradesh and Manipur.Rajasthan has come to the fore where the rebel MLA'S are on the move.So,what basically is Anti defection law which was enacted by 52 amendment act in the year 1985 by our honorable prime minister Rajeev Gandhi.

The curious case of Gaya Ram (1967),Haryana where he won the election as an independent candidate and within few hours once the result was declared,he joined the congress party,in the evening he joined united front and within 9 hour he joined congress party again.That means he shifted from one party to another 3 times within 9 hours.Then from there the phrase of "Aaya Ram and Gaya RAm"became popular.

But,the problem was it did not ended here ,in 1971 Haryana was in news again Bhajan Lal toppled the state government headed

by Devi Lal and he was in the position to form the government,Bhajan Lal became Chief Minister of Haryana.A year later in 1980,Indira Gandhi stormed back to power at the center and Bhajan Lal along with his 40 Mla joined congress,This had to be curbed.So,by enactment of 10 schedule in 1985,government tried to put hold on this kind of politics.

PROVISIONS

A member of a house belonging to any political party shall be disqualified-

1)if he voluntarily give up his membership.

2)if he votes or abstain from voting in such house contrary to any direction issued by the political party.

But,if the political party condoned the action of the member within the period of 15 days,than the member of house will not be disqualified.

3)An independent member of the house,after the elections if he joins any political party will be disqualified.

4)A  nominated member of the house shall be disqualified for being a member of the house if he joins any political party after the expiry of six months from the date of joining.

EXCEPTIONS

1)In case there is 2/3 merger from a political party to another,will not be disqualified.

2)A person who has been elected to the office of the speaker or deputy speaker or deputy chairman of the council of states,he/she will not be disqualified.

WHO GETS TO DECIDE?

Anti defection law states that the decision should be taken by the speaker of the house.

So,the matter went to supreme court and in landmark judgement a constitutional bench upheld the validity of anti defection law,but reconfirmed the power of judicial review.

WHO CAN COMPLAIN?

Earlier it was legislature who can complain infront of speaker.But,it was year 2013 ,when 4 members of NCP defected to BJD(Naveen Patnaik) and when the president of NCP asked the speaker to disqualify,the speaker take down his request as he was not a legislature.So,the matter went to the supreme court and in the verdict,it cited that-

-Voters(or any person)have 'Locus Standi' to file complaints seeking disqualification of legislature.

ISSUES

-The tenth schedule has no defined procedure with definite time limits for completion of disqualification process of defecting member.

-Judiciary is by and large helpless at pre decisional stage.  

SOLUTIONS

-Define the entire procedure and set definite and reasonable time limit.

-Transfer the disqualification matter from speaker's office to election commission.

-Debarred the legislature for remaining period of time.

SELF RELIANT INDIA AND BOYCOTTING CHINESE PRODUCT

When the make in India initiative was launched,its objective was to not only make India self reliant to its domestic consumption but also to turn India into export India economy,and also bring cutting edge technologies, in order to boost competition in Indian economy and promote output quality of Indian economy.Its not only to make India self reliant but also to turn India into export hub,but this can happen only when our industry is tune with global market.

See,for example we have a huge market for mobile phones,but currently the phones that are consumed by our domestic markets are imported.So,through localisation it is possible to make India self reliant with regard to mobile phones and we can enable Indian manufacturer to substitute for these mobile imports.But,question is can these domestically produced mobile phones be exported,do they match with global quality standards and upon this government is looking for making this localisation requirement mandatory for even private e marketplace,such as amazon,flipkart,walmart etc.

The reason is the rise in unrealistic nationalism that has come in line with the rising border tensions.See,the propellants of boycotting Chinese goods are largely under the presumption that dependency of Indian economy on China is limited to only consumer electronics and phones such as mobile phones,electronics etc.but,they failed to understand-

excessive dependency of our core sector on chinese manufacturing,we are excessively dependent on China for heavy engineering machinery,the backhand infrastructure of our telecom and electronics sector,is again dependent on Chinese manufacturing and even the Indian pharmaceuticals industries,that are looking to exploit the pandemic by capitalizing the position as a market leader of generic drugs,is dependent of API for Chinese firms.70% of India's API requirement is met by China.

So,it clearly shows that we cannot end our dependency on China overnight. 

  

Violation on which CAB can be challanged and how it stand.

All those who are living in India can be categorized into two types either citizens or aliens(foreigners).the concept of citizenship is basically a romance between state and citizen.Its also a symbiotic relation where state confers certain privileges,benefits,rights to citizen and citizens also have obligation duty towards state.Only the citizen have right to vote,contest election,eligible for government jobs but if we look at the fundamental rights,they are available to citizen as well as aliens,except five fundamental rights article 15,16,19,29,30.But if we further look at the aliens they can be further be classified into two categories-friendly or enemy that includes migrants.But further these migrants can be classified into two category-legal and illegal.Here comes the concept of refugee,who are they?

-A refugee is someone who has been forced to flee his or her country because of persecution,war or violence.

-two third of all refugees worldwide come from just five countries Syria,Afghanistan,South Sudan,Myanmar and Somalia.

PROVISIONS

-The bill amended the act to provide that Hindus,Sikhs,Buddhists,Parsis, and Christian from   Afghanistan,Pakistan and Bangladesh will not be treated as illegal migrants.

-In order to get the benefit they must have also been exempted from the foreigners act 1946 and the passport entry act 1920 by central government.

EXEMPTIONS

The Bill add that the provision on citizenship for illegal migrants will not apply to-

-the tribal areas of Assam,Manipur,Meghalaya and Tripura as included in the sixth schedule of the constitution.

-The areas under Inner Line Permit which regulates visits of Indian to Arunachal Pradesh,Mizoram and Nagaland will be extended to Mizoram as well.

VIOLATIONS AND SOLUTIONS

1)Violates Article 14-equality before law

   

Even if CAB is challenged on this law that art 14 is violated,it will stand the test of judicial scrutiny because when this challenge will be mounted before supreme court, the supreme court will say no as there is no one excluded from this law infact someone is being included.

2)Violates secularism

Secularism definition clearly states that protecting minorities and we are doing it so by protecting minorities from 3 different countries.So,basically strengthen secularism not violates it.

3)Art 15 (not to be discriminated on the basis of religion,caste,creed,gender)

Article 15 applies for citizen or any article,it does not apply to foreigners,that means this article applies only to citizen and this bill talks about giving citizenship to foreigners,how article 15 is being violated.   

4)But,there are others who say,why do you include only Hindus,Sikhs,Parsis etc,why don't you include shias  of Pakistan and  Afghanistan,why are you excluding them,why are you excluding ahmadias,who are persecuted in Pakistan,right?

The answer to this is very simple you have to understand the distinction between religious persecution and ethnic persecution.Intelligence differential would say not to club the religious minority with ethnic minorities.  

  

However,if we look at the basis of formation of our constitution secularism is included in the preambles of the constitution and morally this law labelled itself as-

-law on religion based classification.

-Country based classification as why only these three countries were chosen.

-failure of Assam Accords.

Story of 1962 and 1971

See,if we look at the 1962 conflict with China,there were plenty of signs for the Nehru government to realize the expansionist and territorial tendency of China.

The failure of Nehru government to read china correctly,lead India to ignore the warning signs,which were emerging from China and it lead India to believe that primary threat to its nation security is only from Pakistan.

There is no doubt that Pakistan did possess great threat to India's integrity.But,at the same time China should have also been seen as threat,because there were plenty of warning signs of its expansionist and territorial tendency.In 1950,when China annexed Tibet and in 1950 and 60,the manner in which China dismissed the McMahon line,and its increased claim over Aksai China and Arunachal Pradesh

it becomes clear that China possess same threat as Pakistan.But,we failed to anticipate and we ended up in paying a heavy price.

While in 1971,Indira Gandhi was mindful of the threat posed by other countries such as China and USA,during this period both USA and China were expected to extend complete support to Pakistan and even make a military move against India in support of Pakistan,because it has emerged as a key ally of both USA as well as China.

Because in late 1960,the then USA president Nixon,NSA(Henry Kisanger) they were seeking to re establish ties with China,and it was number one priority for USA and it was Pakistan which acted as an ally for Richard Nixon,and it helped bridge the relation between USA and China.

As India started making advances during 1971 war,the USA government threatened to dispatch the seventh fleet into Bay Of Bengal and it even pushed China to exert pressure on India,by launching military assault on Indo china border.But,thankfully Indira Gandhi government anticipated this collusion between Pakistan,USA and China and managed to secure an insurance policy with Soviet union,because it was the time of cold war,and until 1971, India had firmly remained non aligned,but this pushed India to abandoned the non aligned approach and align with Soviet Union and this lead to signing of historic treaty of peace and friendship between India and Soviet Union,under this treaty,the Soviet union promised to come to India's assistance,if ever threatened by USA and China,and this strategic,move of Indira Gandhi government helped India to secure unprecedented diplomatic military victory,and this was possible only when India took twin security threats possessed by both China and Pakistan simultaneously.