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SYNOPSIS: IASbaba’s TLP 2017 [14th Feb] – Day 22

  • March 3, 2017
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IASbaba's Think Learn and Perform 2017, UPSC Mains Answer Writing
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SYNOPSIS- IASbaba’s TLP 2017 [14th Feb] – Day 22

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1. Discuss the concept of global governance. Which institutions are associated with this concept?

Global governance or world governance is a movement towards political cooperation among transnational actors, aimed at negotiating responses to problems that affect more than one state or region. In a simple and broad-based definition of world governance, the term is used to designate all regulations intended for organization and centralization of human societies on a global scale.

Or we can say that Global governance refers to a way in which Global affairs are managed. There are several reasons which have promoted the idea of the Global governance. Most important of them are:

  • International Security: In this multipolar world, the international security becomes a major concern and an international law/authority is required to prevent invasion of one country (or a part of country) by another. International terrorism is another security threat which the nations are facing.
  • International Standards and trade: With globalization, world has woven into one fabric where internal policies of one nation can affect the whole world. There are close trade links between each other and there is a need of standardisation in the quality of products in the international market and the individual policies of counties.
  • Environmental effect: Every country is an individual block of the complete unit called World. The development or underdevelopment of one region has direct impact on the environment. All the issues related to environment are global and cooperation is required to control the environmental change.

You need to remember that in order to govern these issues, there is no Global government as one government for the whole world is not possible. No country would want to diminish its sovereign rights. But there are specific institutions which have been formed by mutual consent of nations to look into specific issues.

Most important of them are:

  • United Nations – concerned with diverse issues of Security, global growth and development, environmental protection and welfare.
  • Financial institutions like – World Bank, IMF, WTO etc.
  • International judiciaries – International court of Justice, International Criminal court
  • International Scientific organizations to increase cooperation and information sharing. They also act as common pool of knowledge eg. Intergovernment Panel on Climate Change (IPCC).

(Note: you can include more organizations.)

Conclude the answer with some concerns like more influence in decision making of financially strong countries, Arm twisting attitude of several nations to get personal gains, rigidity of some governments to get involved in international issues etc.

Best Answer 1: Disha

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Best Answer 2: Putta

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2. What are international tribunals? By taking suitable examples, discuss their mandate.

Introduction:

International tribunals are institutions that possess the mandate to adjudicate on various disputes between states. The tribunals range from various matters related to trade, border disputes, human rights violations, social and environmental issues.

Body:

International tribunals could be permanent (ICJ, PCA etc.) or of a temporary nature which are formed for a special purpose (Nuremberg military tribunals etc.). Then there are “Hybrid” tribunals which are used to handle particular issues related to a country and involve both international membership as well as that particular country’s judiciary’s members.

International Court of Justice: The International Court of Justice is the principal judicial organ of the UN. The Court’s role is to settle, in accordance with international law, legal disputes submitted by States give advisory opinions on legal questions referred to it by authorized UN organs and specialized agencies.

International Tribunal for the Law of the Sea: The International Tribunal for the Law of the Sea is an independent judicial body to adjudicate disputes arising out of the interpretation and application of the UN Convention on the Law of the Sea.

The Permanent Court of Arbitration (PCA): provides services to resolve disputes b/w member states and even private parties – especially over issues of international treaties. The PCA recently ruled that China had no historical claims in the South China Sea

Ad-hoc Tribunals:
1. International Criminal Tribunal for Rwanda: Established in 1994 to prosecute the persons responsible for Rwandan Genocide and other serious violations of International law in Rwanda.
2. International Criminal Tribunal for Former Yugoslavia: This tribunal was established to prosecute the persons who committed serious crimes during Yugoslav wars.

Hybrid tribunals: They are called hybrid because they are composed of international and local staff and apply both international and national substantial and procedural laws. Example of Hybrid Courts: Court for Sierra Leone, the extraordinary chambers in the courts of Cambodia etc.

Conclusion:

Write a brief conclusion.

 

Best answer: Faradar

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https://uploads.disquscdn.com/images/6ea47ebe0fcad91397c76b92f0d0c51981752a4098049cf6a57d09a368e438af.jpg


3. Discuss the evolution of groups like NSG and MTCR in the post Cold War era. Why these groups are significant for India? Examine.

Introduction:

Nuclear Suppliers Group (NSG) is a group of nuclear supplier countries that seek to prevent nuclear proliferation by controlling the export of materials, equipment and technology that can be used to manufacture nuclear weapons

Body: Evolution of NSG

  1. NSG (Nuclear Supplier Group) was established after India’s nuclear test in 1974 where as MTCR (Missile Technology Control Regime) established in 1987. Post Cold War, NSG and MTCR became important due to its “export control” procedures to minimise the competition among many nations for latest nuclear weapons and long range missiles. While NSG controls the supply of nuclear materials, MTCR stops country from acquiring missiles technology of more than 500 km range with a payload.
  2. India is keen to become a member of NSG and other export control regimes as it seeks to significantly expand its nuclear power generation and also enter the export market in coming years.
  3. Membership of NSG will provide greater certainty and legal foundation to India’s nuclear regime. This would also provide greater confidence to countries who invest billions of dollars for setting up ambitious nuclear power projects in India.

MTCR:

  1. India became a Member of the Missile Technology Control Regime (MTCR) on 7 June 2016. All 34 members of MTCR are members of the NSG. India is hence assured of support of these 34 members in its quest for NSG membership.
  2. The entry into this group will shape the future of India’s engagement with not just the MTCR but also the broader global non-proliferation community.
  3. Admission to the MTCR would open the way for India to buy high-end missile technology.
  4. After MTCR’s announcement, India and the US are expected to fast-track their discussion on sale of predator series of unmanned aircraft for the Indian military. The Predator drone, which recently eliminated the Taliban leader in Afghanistan, is the preferred tool of the CIA. Membership into MTCR is a huge boost for India’s ability to procure this capability.

Conclusion:

Write a brief conclusion.

Best answer: Rex

  1. The NSG was formed as a reaction to India’s nuclear test in 1974 since India was not a signatory to the NPT and there were fears of proliferation. The Cold War had led to an intense stockpiling of nuclear and conventional weapons especially within the US and the Soviet Union. After the Soviet Union’s collapse, the MTCR was set up to control missile tech proliferation — the weapons’ buildup had been happening for decades; thus there was an immediate need to put safeguards in place lest the wrong hands (as defined by the west) got a hold of them.
  2. The NSG aims to prevent proliferation by controlling the exports and transfer of nuclear materials and know how. To fuel our growth and energy needs, India needs access to these materials. India has a proven track record of non-proliferation but is not a signatory to the NPT which is complicating things (especially in the face of Chinese opposition). Our “Make in India” initiative will also get a boost if we receive the required know-how. Also, alternatives to nuclear power in defence and energy sector aren’t nearly as effective or economical.
  3. The MTCR is an informal partnership to prevent proliferation of missile+UAV tech+any tech that can carry WMDs. India recently became a member. This will greatly boost our defence capabilities. India has already started testing UAVs (Rustom) which will eventually result in fewer casualties. However, we’ve already had a quite advanced cruise missile programme in collaboration with the Russians for quite some time now (BrahMos) – the MTCR will complement that.
  4. The only way forward is slow, effective diplomacy. Our aspirations demand that we become a member of the NSG so as to fuel our growth and defence needs. Also, as a large, strong country with a growing economy and one of the World’s largest populations, it is also our “right” to be a member of leading international fora where we could take part in decision making that affects the World.

4. What is the model code of conduct during elections? Does Election Commission have adequate powers to enforce it? Discuss.

The Model Code of Conduct or the Aachar Sanhita comes into effect soon after the announcement of elections in India (Central,state or local) and governs the conduct of parties during elections.

All the political parties and candidates have to follow the model code of conduct. Any violation could land the candidate in trouble or election be declared void. These set of rules starts governing the conduct of political parties to prevent any use of unfair means by anyone whether incumbent or in opposition.

It applies to all political parties, the candidates and polling agents, the government in power, and all government employees and remains in force till the declaration of results.

The model code of conduct includes stopping the incumbent party from declaring any new schemes. Any deviation from this behavior may attract negative reinforcement from the election commission to the effect of cancellation of candidature. The model code of conduct also limits the use of money and other influences by the candidates, use of government machinery etc.

MCC evolved as part of the ECI’s drive to ensure free and fair elections, and was the result of a consensus among major political parties.

Harbans Singh Jalal vs. Union of India & others case held that the EC is entitled to enforce the code from the date of announcement of the election schedule till the announcement of the results. The order was confirmed by the Supreme Court (1997) based on an agreement between the Union of India and the EC.

The authority of the model code comes not from any statute, but from the willing consent of the parties. Though the penalty for the violation of the code is not more than a reprimand, censure or condemnation (which many people consider toothless!), parties and candidates are extremely cautious not to attract a notice from the EC. Any violation becomes a media headline and  attracts condemnation from society in general.

Though the code of conduct is based on a voluntary agreement among the parties, the commission is not helpless if the parties violate its provisions. When the EC is convinced that a stronger action is necessary, it gives a notice to the party for freezing of its election symbol under the Symbols order. The EC also uses its plenary power under Article 324 to take action in many cases where required.

Many provisions of the code are also covered under substantive laws and their violations may be corrupt practices under the Representation of the People Act or punishable offences under other laws. The EC has always taken a view that action should be taken both under the substantive law and the MCC.

Nobody can deny that it is the observance of the code and its enforcement with firmness and promptitude by the EC that has brought about a sea change in the election process.

 

Best answer: Rex

  1. The Model Code Of Conduct (MCOC) = a set of guidelines guiding the conduct of political parties and candidates during elections. Its aim = to ensure free & fair elections. As such, it covers a wide range of issues from speeches, manifestos, advertisements etc.
  2. The MCOC comes into effect immediately on the declaration of the schedule of the elections and stays into force until the electoral process is completed.
  3. The MCOC has *NO* statutory backing! The ECI is still able to enforce it via persuasion (appealing to the moral sense of individuals and parties) as well as by the interpretation of its constitutional power of “supervising elections” (Article 324). The largely controversy-free holding of elections points to the fact that there is no immediate need of giving the MCOC a statutory backing. The MCOC forces a candidate to apologize publicly if he violates it –> the public may punish such a candidate by not voting for him. In case of serious electoral malpractices, the ECI can simply disqualify the candidate. These procedures are, in a way, faster than any legal process that could drag on for years and allow the candidate to get elected in the meantime.
  4. It is to the credit of the ECI that in spite of no statutory backing, the MCOC is enforced and supported by all political parties and the administration. Apart from the reason listed above, I believe that it is successful in garnering all the support because it levels the playing field thus preventing any undue advantage to any single candidate/party. The rival political parties/candidates keep a check on each other. Thus, in a way, it is this belief of its status as a leveller that enforces the MCOC.

5. India won the T20 Cricket World Cup for blind by beating Pakistan. The success of differently abled players at the global stage makes a strong case for investing in supporting infrastructure.

Physical fitness is important for all human beings irrespective of age or physical ability. Staying fit and active enables people with disabilities to maintain an optimal level of independence and control weight gain which can otherwise have an adverse effect on their independence and the quality of life.

Sports and recreation offers the opportunity to build self-confidence and focus on possibilities instead of dwelling on the disability. Competition improves sports skills. It allows individuals to experience the excitement of competition and the thrill of victory as well as the agony of defeat. These experiences help prepare individuals to face the adversity of a disability in their lives and to learn to bounce back in the face of challenge and change.

Disability that persists can cause deterioration of disabled people’s attitudes towards themselves and result in self pity, disruption of self esteem, and social isolation. An adverse psychological reaction may be reinforced by the embarrassed attitude of the able bodied members of the community. Participation in sport can help physically disabled people to regain self-esteem, promotes the development of positive mental attitudes, socio-economically empowered and helps them to come to terms with their disability and achieve social reintegration. This positive and innovative step will prove to be a milestone in promoting health, physical strength, endurance and social integration of persons with disabilities in India.

As witnessed in the recent successes of differently abled players at the global stage, it makes a strong case for investing in supporting infrastructure.

It is imperative that sports and recreational facilities are barrier-free and adapted to the needs of all people equally. Often, most facilities are inaccessible to persons with disabilities. There are no disabled friendly equipments and trained personnel. Also, the literature for designing inclusive facilities is not available.

Investing in differently-abled sports infrastructure would lead to break barriers, open doors for an inclusive society and development for all.

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