INDIA, US DIFFER OVER N-ACCORD

• Differences between India and the US over the implementation of the historic civil nuclear energy accord came to the fore at the energy dialogue held between the two countries
• The Indian side at the dialogue was led by: Planning Commission Deputy Chairman Montek Singh Ahluwalia
• The US team was headed by: Energy Secretary Ernest Moniz
• This was the first high-level contact between the two countries after the unsavoury incident in December in which Indian diplomat Devyani Khobragade was arrested in New York in a visa fraud case, leading to tension between them.
• The US insisted that India bring its civil nuclear liability law in line with international conventions while New Delhi hoped a way could be found to address Washington’s concerns within the ambit of the existing act.

FORWARD POLICY

•  Military circles in India often debate that the India-China conflict was caused due to wrong forward policy and its wrong implementation by India.
•  The report uploaded by Neville Maxwell narrates how it all started on August 26, 1959, when the Chinese overran an Indian Army post at Longju in North East Frontier Agency (NEFA) in October and in the same year; a post at Kongka la in Eastern Ladakh had been overrun. Both times China claimed the posts were in Chinese territory even though these were inside the Indian Territory.
•  India responded to Chinese actions with a forward policy. The 3,488-km-long boundary is not demarcated and once China invaded Tibet in the late 1950s, a peaceful border had become live. The dispute of boundary demarcation is pending since 1846 when the British signed the Treaty of Amritsar with the Dogra rulers of Jammu and Kashmir and went about demarcating the eastern limits of Ladakh. The Tibetans, who were sometimes backed by the Chinese, stalled the demarcation in five separate attempts made by the British between 1846 and 1914.
•  India, in 1961, advocated a policy which entailed patrolling as far forward as possible from India’s present positions. This was to be done with a view to establishing additional posts that would then stop the Chinese and dominate the heights. The report raises the question if India was in a position to implement the ‘forward policy’ with the kind of resources and poor logistics it had. The report blames the Army headquarters of ‘deliberately’ carrying out the policy in a wrong manner without the government backing.

SAARC MEET

• After a hiatus of more than two years, the SAARC process is being revived. Maldives is set to host the 25th session of the SAARC Council of Ministers’ meeting on February 20.
• No high-level meeting of the eight-member grouping has taken place since the 17th summit was held in Addu City in Maldives in November 2011.
• This was primarily due to the turmoil in Maldives and the fact that most of the countries in the region were witnessing elections or were about to go to the polls.
• India to be represented by: External Affairs Minister Salman Khurshid
• The next summit of the grouping is scheduled to be held in Nepal.

 AGENDA:

• Discussion will be held on the scope for turning the grouping into a vigorous organization like the European Union or the ASEAN
• Ways and means to streamline, rationalise and restructure various SAARC mechanisms will also be debated
• Economic matters such as the implementation of the South Asian Free Trade Agreement (SAFTA). Afghanistan has also now joined SAFTA. About 20 per cent of intra-SAARC trade is governed by SAFTA. 

• The meeting in Maldives assumes significance against the backdrop of a growing realisation among SAARC member states that the association has failed to fulfill the vision for which it was created in 1985 because of the rivalry between its two most important players-India and Pakistan. Other member states have often accused India and Pakistan of turning the grouping into a bilateral forum to settle their political battles and hijacking an institution that was created to ensure speedy development of the region. However, the member countries still believe that there is tremendous scope for turning the grouping into a vigorous organization like the European Union (EU) or the ASEAN.

INDO-JAPAN TIES

• Amid increasing Chinese assertiveness in the region, India and Japan decided to intensify defence and maritime cooperation, but made little headway in wrapping up the much-anticipated civil nuclear deal.
• The two countries signed eight agreements in various fields after wide-ranging talks between Prime Minister Manmohan Singh and his Japanese counterpart Shinzo Abe at the annual India-Japan Summit.

 HIGHLIGHTS:

• Japan announced a loan of $2 billion for the expansion of the Delhi Metro project. 
• Expansion of the bilateral currency swap arrangement from $15 billion to $50 billion.
• Japan extends full support to India in becoming a member of the four international export control regimes -- the Nuclear Suppliers’ Group (NSG), the Missile Technology Control Regime, the Australia Group and the Wassenaar Arrangement.
• India had invited the Japan Maritime Self Defence Force for the next edition of the ‘Malabar’ maritime exercise conducted annually by Indian and US forces.
• New Delhi also lent its support to Tokyo in its ongoing tussle with Beijing over China’s controversial decision to set up an Air Defence Identification Zone (ADIZ) over the East China Sea that requires its neighbours to give advance notice while overflying the territory.
• Japan also lowered non-tariff barriers to import of shrimps that will help Indian fishermen.

 NPT HURDLE:

• A section of Japanese policymakers wants India to sign the Nuclear Non-Proliferation Treaty (NPT)
• India wants to have a deal with Japan on the basis of its existing strong anti-proliferation credentials
• Japan wants India to clarify its nuclear liability law that prevents suppliers from making themselves immune to compensation claims in the event of an accident. The two sides had held three rounds of talks before the 2011 Fukushima N-plant disaster

•  Prime Minister Shinzo Abe was the first Japanese chief guest at the Republic Day parade and his visit is a demonstration of the positive ties that India and Japan have developed in the recent times. It is easy to agree with Prime Minister Manmohan Singh that Japan is at the heart of India's "Look-East Policy," which brought in four Asian leaders as chief guests at the Republic Day parade in the last five years. Japan will help with the expansion of the Delhi Metro, and of the Delhi-Mumbai industrial corridor. Japanese companies will build roads; help with agriculture and forests, water supply and other infrastructure projects in the North-East. They will also help develop a new port in Chennai. India and Japan have much in common, including concerns at the developing geopolitical realities of the region. The elephant in the room is always the relationship with China. Both, India and Japan, have reason to be wary of China asserting itself as its economic might makes it more and more powerful. Indeed, there was a veiled reference to China's air defence identification zone in the joint statement issued after talks between the two Prime Ministers.

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LOKPAL BILL

• The Bill: The Lokpal and Lokayuktas Bill, 2011
•  Piloted by: Law Minister Kapil Sibal
• The word 'lokpal' was coined by: Dr L.M.Singhvi in 1963.
• In 1966, Morarji Desai led First Administrative Reforms Commission recommended setting up of Lokpal at Centre and Lokayukta in states to look into complaints against public functionaries, including MPs
• Sending out a clear message against corruption in high places ahead of the 2014 Lok Sabha elections, the Rajya Sabha has passed by voice vote a Bill for setting up a Lokpal with vast powers to look into complaints against the Prime Minister, his Cabinet colleagues and Central Government officials, conduct searches, attach property and supervise the CBI and the CVC.

STRUCTURE:

• The Lokpal will have a chairperson, who is/has been a Chief Justice of India, a judge of the Supreme Court or an eminent person.
• It will have a maximum of eight members, half of whom will be judicial members.
• The chairperson and the members will be appointed by the President on the recommendations of a five-member selection committee, headed by the Prime Minister and comprising the Lok Sabha Speaker, the Leader of the Opposition in the Lok Sabha, the Chief Justice of India or his nominee and one eminent jurist.
• The chairperson and the members can be removed only on a petition signed by at least 100 MPs and on an inquiry conducted by the Supreme Court.

 POWERS:

• The Lokpal will have powers to give direction to the Delhi Special Police Establishment in respect of matters referred to it for preliminary inquiry, summon and enforce attendance of any person and examine him on oath, utilize the services of any officer, organization or investigating agency of the Central Government or any state government.
• At the recommendations of the Lokpal, the Central Government shall constitute special courts to hear and decide the cases arising out of the Prevention of corruption Act.
• The bill also incorporates provisions for attachment and confiscation of property acquired by corrupt means, even while prosecution is pending.

 CBI:

• For independence of the CBI, in the new bill a directorate of prosecution will be formed. Appointment of the director of prosecution will be on the recommendation of the Central Vigilance Commissioner.
• Transfer of officers of CBI investigating cases referred by Lokpal will be only with the approval of Lokpal who will also have superintendence over CBI in relation to Lokpal referred cases.

 INVESTIGATION:

• Inquiry has to be completed within 60 days and investigation to be completed within six months. Lokpal shall order an investigation only after hearing the public servant.
• Inquiry against the prime minister has to be held in-camera and approved by two-thirds of the full bench of the Lokpal.

PENALTY:

• False and frivolous complaints - imprisonment up to one year and a fine of up to Rs.1 lakh. Public servants - imprisonment up to seven years. Criminal misconduct and habitually abetting corruption - jail term up to 10 years.
• The Bill is an improvement over the one passed by the Lok Sabha in 2011. Under the amended Bill, no hearing will be granted to public servants before a preliminary inquiry to retain the element of surprise raids. Secondly, CBI officers investigating cases cannot be transferred without the Lokpal’s consent. The Bill delinks Lokpal and Lokayuktas. Asserting federal principles, states have got the right to have Lokayuktas of their choice.