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.