Sovereignty
A
massive political storm broke out over sovereignty remarks in the run-up to the
Karnataka Assembly election 2023.
Ø The twitter handle of Congress party
of India mentioned that it will not allow anyone to pose a threat to
Karnataka's reputation, sovereignty or integrity.
Ø The BJP claimed that any call to
protect the sovereignty of a member state of the Union of India amounts to a
call for secession.
Ø It has filed a complain against this
statement to the Election Commission of India.
Ø In its complaint, this political party
invokes section 29A (5) of the Representation of People Act 1951.
Ø This section states that an
association or body registered under the Act shall adhere to the Constitution
and uphold the sovereignty, unity and integrity of India. All registered
political parties have to comply with these conditions.
What does the word
‘sovereignty’ mean?
Ø Sovereignty is simply the idea of having
supreme authority over a defined territory. It means the country has its own
independent authority and is not under control of any external entity.
Ø Western philosophers used the concept
to describe the supremacy of the state — along with its institutions such as
the government, the judiciary, and parliament — over the people being governed.
Ø E.g., English philosopher Thomas
Hobbes believed that in exchange for the protection offered by the government
to its people, and its role in keeping society cohesive and at peace through
its control over law and order, the state had a legitimate claim to
sovereignty.
Word ‘sovereignty’ in
India’s Constitution -
The
word sovereignty appears in the beginning of the Preamble to the Constitution
of India, as the first attribute of the independent republic of India.
Its
placement as the first among the core principles of the republic underlines its
importance in the Constitution.
How does the
Constitution use the word ‘sovereignty’?
Ø The word ‘sovereignty’ is invoked in
the Indian Constitution to declare the ultimate sovereignty of the people of
India and that the Constitution rests on their authority.
Ø This is illustrated in the fact that
India was totally independent(declared Republic) on January 26, 1950, while
Pakistan continued to be a British Dominion till 1956, meaning it still had the
British monarch as the Head of State.
Ø Sovereignty is mentioned in the
Constitution under Fundamental Duties. Article 51A(c) states that it is the
duty of all citizens to uphold and protect the sovereignty, unity and integrity
of India.
Ø It is also mentioned in the oaths for
positions like the Chief Justices, Union Ministers and Members of Parliament
under the Third schedule.
What is the relationship
of the Indian states with the sovereign Union?
Article
1(1) of the Constitution sets out the fundamental relationship between the
states and the Centre: “India, that is Bharat, shall be a Union of States.”
Dr Ambedkar explained this to mean
that —
The
Indian federation is not a result of an agreement by the units, and
The
component units have no freedom to secede or break away from it.
In
its structural composition, the Indian political system is described as
“quasi-federal”. The political theorist K C Wheare described it as “a Unitary
State with subsidiary federal features rather than a Federal State with
subsidiary unitary features.”
The
choice of a unitary bias that the Constitution makers made was possibly rooted
in the turmoil of the Partition, and the difficulty in getting around 600 princely
states to accede to India.
What
provisions of the Constitution attest to the superior position of the Centre?
As
per political experts, except in a few specified matters affecting the federal
structure, the States need not even be consulted in the matter of amendment to
the bulk of the Constitution.
The
Governors in states, seen as representatives of the Union in the States, are
appointed “during the pleasure” of the President.
The
right to alter the boundaries of states and to create new states lies with
Parliament alone.
The
Constitution offers no guarantee to the States against their territorial
integrity without their consent since it was not a result of an ‘agreement’
between the States
I2U2 Summit
Recently, Saudi Prince and Prime Minister hosted a special meeting
of the National Security Advisers (NSAs) of India, the U.S. and the UAE, in the
Kingdom of Saudi Arabia. This meeting is being billed as another important Quad
in West Asia.
The participating leaders discussed an ambitious infrastructure
project that will counter China's efforts to expand its footprint through Belt
and Road Initiative (BRI).
Ø Recently,
National Security Advisor Ajit Doval met his counterparts from the US, Saudi
Arabia and the United Arab Emirates.
Ø The leaders
discussed an ambitious proposal to link West Asian countries through rail —
using Indian expertise — and connect the region to South Asia via sea lanes.
The proposal is being pushed by the White House.
Ø The
participants discussed the broad contours of the massive joint project to build
railway, maritime and road connectivity in the larger region.
Ø This project
aims to link the Indian subcontinent in South Asia with West Asia — which the
US calls the Middle East.
Ø In other
words, the project would connect Gulf and Arab countries via a network of
railways.
Ø This network
would also be connected to India via shipping lanes from ports in the region.
Background
-
Ø The new
initiative came up during talks that were held over the last 18 months in
another forum called I2U2.
Ø Israel
raised the idea of connecting the region through railways during the I2U2
meetings over the last year.
Ø Part of the
idea was to use India’s expertise on such big infrastructure projects.
About
I2U2 -
Ø I2U2 is a
diplomatic group of the India, Israel, the UAE and the United States. The US Secretary
of State Antony Blinken has used the I2-U2 moniker for the four-member
grouping.
Ø The grouping
was launched in October 2021 when the first virtual meeting of the foreign ministers
of India, Israel, the US and the UAE took place.
Ø The new
grouping is described as an international forum for economic cooperation.
Ø This
grouping is already being termed as a New Quad’ or the ‘Middle-Eastern Quad’.
Objective
– To generate synergies that go beyond
government level cooperation.
Why
India is keen to participate in the project?
Presence
of China in the West Asian region —
Ø Beijing has
expanded its sphere of political influence in the West Asian region through what
Delhi views as mission creep.
Ø Mission
creep is a term used to describe a situation where a mission or project expands
gradually beyond its original goals, often without clear direction or
oversight.
Ø The
breakthrough in ties between Saudi Arabia and Iran had caught India unaware.
Ø This
breakthrough was mediated by China and it gave Beijing a space in the West Asia
region.
India’s
interests in West Asia —
Ø This project
has potential implications for India’s interests in West Asia, which provides energy
security.
Ø Such
connectivity will allow for faster movement of the crude and minimise India’s
costs in the long term.
Ø The
connectivity boost will also help India’s eight million citizens who live and
work in the Gulf region.
India
as an infrastructure builder —
Ø The project
will help India build a brand as an infrastructure builder in the railways
sector.
Ø Boasting a
strong rail network at home and buoyed by the success of creating such infrastructure
in Sri Lanka, India has the confidence to do it overseas.
Ø This will
also have the effect of countering the Chinese Belt and Road project, which has
burdened many countries in the region with infrastructure that has limited
utility.
India’s connectivity to its western neighbours
faces several challenges —
India feels that India’s connectivity to its western neighbours
has been limited for long by Pakistan’s blocking of overland transit routes.
So, Delhi wants to use shipping routes to reach West Asian ports.
These include Chabahar and Bandar-e-Abbas (Iran), Duqm (Oman),
Dubai (UAE), Jeddah (Saudi Arabia) and Kuwait City
Misleading claims and advertisements
The Advertisement Monitoring Committee at the Food Safety and
Standards Authority of India (FSSAI) flagged 32 fresh cases of food business
operators (FBOs) making misleading claims and advertisements. They were found
to be in contravention of the Food Safety and Standards (Advertisements &
Claims) Regulations, 2018.
What
has been observed in the Food Advertising Ecosystem in India?
Ø FSSAI seeks
that the advertisements and claims be truthful, unambiguous, meaningful, not misleading
and help consumers to comprehend the information provided.
Ø Claims must
be scientifically substantiated by validated methods of characterising or
quantifying the ingredient or substance that is the basis for the claim.
Ø According to
the Advertising Standards Council of India (ASCI), food advertising has been a
“fairly violative sector”.
Ø Recently, an
uproar ensued after allegations were made against health drink Bournvita.
Some
misleading words in the Food Advertising Ecosystem in India -
Natural — A food
product can be referred to as ‘natural’ if it is a single food derived from a recognised
natural source and has nothing added to it. Therefore, composite foods - a
mixture of plant and processed constituents, can be called ‘made from natural ingredients’
instead of ‘natural’.
Fresh — It can be
used for products which are not processed in any manner other than washing,
peeling, chilling, trimming, cutting or irradiation by ionising radiation (not
exceeding 1kGy to delay in ripening, killing of insects/pests, etc). The
regulations forbid the ‘fresh’ reference if the processing endeavours to
achieve an extension in the shelf-life of the product (may instead use ‘fresh
frozen’).
Pure and
original — ‘Pure’ is to be used for single-ingredient foods to which nothing
has been added and which are devoid of all avoidable contamination. ‘Original’
is used to describe food products made to a formulation, with a traceable
origin that has remained unchanged over time.
Nutritional
claims — Nutritional claims may either be about the specific contents of a
product or comparisons with some other foodstuff. Claims of equivalence such as
“contains the same of (nutrient) as a (food)” or “as much (nutrient) as a
(food)” may be used in the labelling.
According to the ASCI, most complaints of misleading Ads were related to the nutrition of a product, its benefits and the ingredient mix not being based on adequate evidence.
Regulations
for tackling misleading ads and claims -
The
Food Safety and Standards Act, 2006 —
It prohibits product claims suggesting suitability for prevention,
alleviation, treatment or cure of a disease, disorder or particular
psychological condition unless specifically permitted under the Act.
Making deceptive claims or advertisements are punishable offences
and may invite penalties of up to Rs 10 lakh apart from suspension/cancellation
of licenses for repeated offences.
The Food Safety and Standards (Advertisements & Claims)
Regulations 2018 — The focus of the regulation is to make the Companies accountable
for their claims on food products and cater to the interest of customers.
The Consumer
Protection Act 2019 — Under this, Central Consumer Protection
Authority (CCPA) was set up as a regulatory body in relation to matters (such
as wrong advertisements) affecting rights of consumers.
The
Programme and Advertising Codes — These are prescribed under the
Cable Television Network Rules 1994 and underlines that advertisements must not
give claims which are difficult to be proved.
Way forward -
FBOs must desist from making any unscientific and/or exaggerated
claims and advertisements to promote their product sales to avoid enforcement
actions and in larger consumer interest.
They must be in consonance with principles of Good Clinical
Practices (GCP) and peerreviewed or published in a peer-reviewed scientific
journal.