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China’s New Silk Road project: Focus on South Asia

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[yt_dropcap type=”square” font=”” size=”14″ color=”#000″ background=”#fff” ] C [/yt_dropcap]hina, the only veto power of Asia and major global power, is seen trying to take a larger role in global affairs by promoting its economic ventures across continents of Asia, Africa and Europe by joint efforts. Obviously, besides making joint ventures with wiling partners, China may be trying to put an end to US monopoly in world affairs, Beijing would like to share domination with USA.

China has come out with a fast forward idea of working together for greater benefits for all nations involved. The Silk Road Economic Belt and the 21st-century Maritime Silk Road or One Belt, One Road (OBOR) is a development strategy, proposed by Chinese President Xi Jinping that focuses on connectivity and cooperation among countries primarily between the People’s Republic of China and the rest of Eurasia, which consists of two main components, the land-based “Silk Road Economic Belt” (SREB) and oceangoing “Maritime Silk Road” (MSR).

The China Pakistan Economic Corridor (CPEC) and the Bangladesh-China-India-Myanmar (BCIM) Economic Corridor are officially classified as “closely related to the Belt and Road Initiative”.

The strategy underlines China’s push to take a bigger role in global affairs, and its need for priority capacity cooperation in collective economic affairs in areas such as steel manufacturing.

The One Belt One Road initiative is geographically structured along 6 corridors, and the maritime Silk Road. New Eurasian Land Bridge, running from Western China to Western Russia; China – Mongolia – Russia Corridor, running from Northern China to Eastern Russia; China – Central Asia – West Asia Corridor, running from Western China to Turkey; China – Indochina Peninsula Corridor, running from Southern China to Singapore; China – Pakistan Corridor, running from South-Western China to Pakistan; Bangladesh – China – India – Myanmar Corridor, running from Southern China to India; Maritime Silk Road, running from the Chinese Coast over Singapore and India to the Mediterranean.

Essentially, the ‘Belt’ includes countries situated on the original Silk Road through Central Asia, West Asia, the Middle East, and Europe. It goes through Central Asia, Russia to Europe.

One Belt, One Road has been contrasted with the two US-centric trading arrangements, the Trans-Pacific Partnership and the Transatlantic Trade and Investment Partnership.

The China-proposed Belt and Road Initiative offers enormous opportunities for all the countries involved and Greek business community warmly supports all the efforts to deepen the two countries’ cooperation under this context, President of the Greek-Chinese Economic Council Fotis Provatas said recently.

OBOR Summit 2017

Chinese President Xi Jinping welcomed UN Secretary-General Antonio Guterres before the Leaders’ Roundtable Summit at the Belt and Road Forum (BRF) for International Cooperation at Yanqi Lake International Convention Center in Beijing, capital of China, May 14-15, 2017. Around 30 state and government heads as well as delegates from more than 100 countries – including the USA and North Korea – discussed the Belt and Road initiative, one of the world’s biggest economic diplomacy programs led by China.

In a keynote speech delivered at the opening ceremony of the two day Initiative called Belt and Road Forum for International Cooperation held in Beijing on May 14 President Xi Jinping said that China would launch Belt and Road cooperation initiative on trade connectivity together with some 60 countries and international organizations. Xi said that the Belt and Road Initiative embodies the aspiration for inter-civilization exchanges, the yearning for peace and stability, the pursuit of common development and the shared dream for a better life. President Jinping called for renewing the Silk Road spirit. Noting that “we are at a fresh starting point, ready to embark on a new journey together,” Xi said, “so long as we press ahead with a common vision without backpedaling or standing still, we will achieve greater connectivity and benefit from each other’s development.” Before the banquet, Xi and his wife Peng Liyuan greeted the guests at the Great Hall of the People.

Apart from this zone, which is largely analogous to the historical Silk Road, another area that is said to be included in the extension of this ‘belt’ is South Asia and Southeast Asia. Many of the countries that are part of this belt are also members of the China-led Asian Infrastructure Investment Bank (AIIB). North, central and south belts are proposed. The Central belt goes through Central Asia, West Asia to the Persian Gulf and the Mediterranean. The South belt starts from China to Southeast Asia, South Asia, to the Indian Ocean through Pakistan. The Chinese One Belt strategy will integrate with Central Asia through Kazakhstan’s Nurly Zhol infrastructure program. The coverage area of the initiative, however, is primarily Asia and Europe, encompassing around 60 countries. Oceania and East Africa are also included.

The summit was aimed to map out China’s ambitious new Silk Road project, of which the OBOR is an integral part. The scheme was proposed in 2013 by Xi to promote a vision of expanding links between Asia, Africa and Europe. China has earmarked US$40 billion for a special fund for the scheme, on top of the US$100 billion capitalization for the China-led Asian Infrastructure Investment Bank, many of whose projects will likely be part of the initiative. The OBOR’s wingspan is expected to include 68 nations from China through Southeast and South Asia to Africa and Europe.

The conspicuous absence of the heads of state from the major Western economic powers and Japan at the belt and road summit this month in Beijing is a big mistake and a missed opportunity for enhancing dynamic and cooperative globalization. India, also seeking wide stage to promote its own interests, chose to ignore the China initiate.

Cost and Benefits

The initiative, unveiled in September 2013 by President Xi Jinping, aims to connect China by a network of overland corridors and sea routes to the rest of Asia, Africa and beyond, linking the dozens of countries through infrastructure and financial and trade ties. The economies along the routes account for about 63 per cent of the world’s population and 29 per cent of global GDP.

Anticipated cumulative investment over an indefinite timescale is variously put at US$4 trillion or US$8 trillion. President Xi said in his speech at the opening of the forum that China will contribute an additional 100 billion yuan (about 14.5 billion US dollars) to the Silk Road Fund. Xi certainly looked keen to begin exercising a leadership role, offering to help tackle the economic and security problems faced by Greece and Turkey, issues the EU has struggled to deal with.

The Belt and Road Initiative is expected to bridge the ‘infrastructure gap’ and thus accelerate economic growth across the Asia Pacific area and Central and Eastern Europe: World Pensions Council (WPC) experts estimate that “Asia alone (excluding China) will need up to $900 billion in infrastructure investments annually in the next 10 years, mostly in debt instruments. This means there’s a 50 percent shortfall in infra spending on the continent.” The gaping need for long term capital explains why many Asian and Eastern European heads of state “gladly expressed their interest to join this new Chinese-led initiative focusing solely on ‘real assets’ and infrastructure-driven economic growth.

Xi told his audience that he had proposed an additional RMB780 billion (approximately US$113 billion) to be disbursed through multiple sources. These include the Silk Road Fund; the China Development Bank; the Export and Import Bank of China and also overseas capital provided by Chinese banks. The Asian Infrastructure Investment Bank (AIIB) is not part – at least not yet – of this proposed package.

Out of this amount, RMB250 billion will be provided in loans from China Development Bank, and RMB130 billion from Export-Import Bank of China. This funding is not direct investment but loans, as in the case of China-Pakistan-Economic Corridor, which the Chinese sources will provide to the participant countries. That would put Beijing in a position to steer the course of each country’s development to a direction it deems fit for its own interests. China, as the primary financer of loans, therefore stands to gain the most and it stands atop the list of potential beneficiaries.

The whopping trade imbalance that China has vis-à-vis almost all the OBOR countries and the way the OBOR initiative is solidifying, through various agreements, worries New Delhi.

Less-developed countries along the new Silk Road stand are among the big winners of investment as China revives ancient land and maritime trade routes, according to estimates by a top bank. The potential benefits of the belt and road, if the dream were even only partly realized, could be enormous. The inclusion of the Middle East and Central Asia could contribute to peace and prosperity in these currently dramatically turbulent regions.

Credit Suisse forecasts that China’s massive inflow of investment over the next five years as part of Beijing’s “Belt and Road Initiative” could amount to as much as US$502 billion, or equivalent to 4 per cent of the total gross domestic product of the 62 countries along the routes in 2015. Credit Suisse estimates that China’s overseas investment in the initiative over the next five years will range between US$313 billion to US$502 billion, depending on how much investment the countries need and how much China is willing to put in.

According to an HSBC estimate, the “Belt and Road Initiative” will generate roughly 300 billion yuan to 500 billion yuan in railway investment, financing more than 15,000km in high-speed rail links along the route. The Credit Suisse report said the initiative could become even more promising as a more “isolationist” administration in the United States created windows of opportunity. “With the new US government pulling out of the Trans-Pacific Partnership, it is unavoidably sending a message to the world that US government policy is turning more ‘isolationist’,” the report said. At the same, China was striving for greater global influence, it said. Chinese investment could also help make up for any capital outflows in the region. If the dollar strengthens, especially as the US moves along the path of rate normalization, emerging market countries also have to face the risks of capital outflow.

The biggest recipients of the investment dollars were expected to be India, Russia, Indonesia, Iran and Egypt, the bank said in a report released earlier this month. India stands to be the biggest gainer overall, according to the report, with China putting in ¬between US$84 billion and US$126 billion. Russia is next with US$53 billion to US$80 billion; ¬Indonesia third on US$35 billion-US$52 billion; Iran fourth attracting US$17 billion-US$26 billion; and Egypt fifth with US$13 billion to US$20 billion. The report also says China could invest between US$52 billion and US$79 billion in 13 African countries. “Africa is rich in resources, and an important destination for Chinese investment over the past decade,” it said.

A successful, inclusive, globally collective effort to make the belt and road a reality could be a harbinger of peace and prosperity. It is a pity that myopia and prejudice prevent Western and Japanese leaders from being present at this potentially seminal event.

South India’s take

President Xi’s project was intended to present the world with a view of statecraft different from what the West espoused. But so far Beijing had failed to find a rhetoric that would appeal to Westerners. China invites the world to join its “project of the century. The president’s vision, however, is winning supporters from across the globe. Xi told the conference: “Swan geese are able to fly far and safely through winds and storms because they move in flocks and help each other as a team,” The message is: the best way to meet challenges and achieve better development is through cooperation.”

Pakistan

Pakistan where the Sino-Pakistani joint projects succeeded is the corner stone of China’s economic project. India is opposed to it.

The project OBOR was first unveiled in September and October when Chinese leader Xi Jinping visited Central Asia and Southeast Asia in September and October 2013 he raised the initiative of jointly building the Silk Road Economic Belt and the 21st-Century Maritime Silk Road and announced two major projects revealing the SREB and MSR, respectively. It was also promoted by Premier Li Keqiang during the State visit in Asia and Europe. The initiative calls for the integration of the region into a cohesive economic area through building infrastructure, increasing cultural exchanges, and broadening trade.

China–Pakistan Economic Corridor (also known by the acronym CPEC) is a collection of infrastructure projects currently under construction throughout CPEC is intended to rapidly modernize Pakistani infrastructure and strengthen its economy by the construction. On 13 November 2016, CPEC became partly operational when Chinese cargo was transported overland to Gwadar Port for onward maritime shipment to Africa and West Asia. The CPEC in particular is often regarded as the link between China’s maritime and overland Silk Road, with the port of Gwadar forming the crux of the CPEC project.

The Belt and Road Initiative proposed by China provides opportunities for the whole world to promote peace and prosperity, experts in Bangladesh said China’s peaceful development is a blessing and opportunity for countries which face extreme difficulties given the rising protectionism in some countries. Bangladeshi experts highly lauded China’s contribution to socioeconomic development of the world and said the initiative of reviving the ancient Silk Road through a network of roads and maritime waterways will surely be a boon for cooperation between China and the rest of the world.

According to the experts, countries on the Belt and Road, especially those with underdeveloped infrastructure, low investment rates and per-capita income, could experience a boost in trade flow and benefit from infrastructure development.

Pakistan foreign affairs expert Muhammad Mehdi says that the trade plan is not solely a Chinese enterprise. “China sees annual trade volume with Silk Road countries from US$1 trillion to US$2.5 trillion within a decade. It reflects 9.6 per cent of annual growth. If South Asia taps this opportunity, it can change the fate of its poor people,” he says. An example of convergence of interests is clearly visible in the Asian Infrastructure Investment Bank, a multilateral development bank which India joined as the second largest shareholder after China. Similarly, the New Development Bank, where Brazil, Russia, India, China and South Africa (the BRICS) are equal partners, is headquartered in Shanghai, and is not envisaged as a Belt and Road initiative by them.

South Asia

The OBOR project, designed to span 65 countries covering 65 percent of the world population, would enable China to not only champion as the primary engine of one third of global economic output, but also accumulate vast amounts of capital as repayments, and through its own direct trade from Central Asia to Europe. The project would obviously impact on the South Asian region.

Plagued by territorial conflicts, poor governance and limping economies, the SA region has drawn inspiration from China’s plan and unleashed an effort to join a shared destiny. South Asia is marred by corruption that is undermining its growth trajectory. The World Economic Forum, in its 2015 Global Competitiveness Index, pointed to corruption as the primary reason for the region’s poor global competitiveness. As China puts conditions on every beneficiary of the trade plan to get rid of corruption, Pakistan and other South Asian countries must gear up to liberate themselves from vicious chains of corruption.

Unemployment is a daunting challenge for South Asia. In order to increase socio-economic viability, it has to create one million jobs every month till 2020. According to the International Labour Organisation, global unemployment will go up by 3.4 million in 2017. With the belt plan a catalyst for transformational change in the economic profile of South Asia, CPEC has started showing its productivity by opening up thousands of jobs for local people. China’s ambassador to Islamabad, Sun Weidong, told reporters that so far the initiative has generated 13,000 local jobs. Experts claim that CPEC projects are likely to create more than one million jobs in various sectors of Pakistan by 2030.

South Asia’s emergence as a leading economic power is in the making, and credit goes to China’s “Belt and Road Initiative”. The grand plan has set into motion game-changing strategies that will lead to free trade agreements, economic integration, physical infrastructure plans, shared growth and structural reforms, all in tune with future demands.

Since this epic plan was announced, South Asia – weighed down by a reputation for regional conflicts, security threats, bad governance, impaired transparency, an energy crisis, poor infrastructure, fragile institutions and limping economies – has unleashed its effort to be part of a shared destiny.

The South Asian Association for Regional Cooperation (SAARC), a critical regional alliance in South Asia accounting for 21 per cent of the world’s population and 7 per cent of its economy, will receive a new lease of life after staying dysfunctional due to a long decade of differences among member countries, especially Pakistan and India. To help SAARC benefit from regional connectivity, China has already stepped up its endeavor to become a full member of the association.

India and China are part of the Bangladesh-China-India-Myanmar Economic Corridor (BCIM-EC), a sub-regional economic cooperation initiative involving the four countries which are engaged in talks for developing cooperation through a joint study group. This group had its latest meeting in Kolkata, India in late April. The BCIM-EC is now being projected as a component of the BRI by China. However, this initiative was conceived well before the Belt and Road Initiative was formulated, and it should not be subsumed within that strategy but instead pursued as a separate grouping for sub-regional cooperation. It involves full and equal ownership of all four countries involved, rather than a subsidiary position as a loop of the Belt and Road.

Like China, India has its own agenda of connectivity and cooperation within Asia and beyond. For instance, India’s “Act East” strategy is aimed at developing close economic synergies with the Association of Southeast Asian Nations and East Asia. Two great nations and civilizations such as India and China need not endorse or sign on to each other’s strategies. A more pragmatic approach will be to explore synergies and look at projects they can work on together, without insisting on artificial labeling.

In the view of MP Lohani, former Nepalese ambassador to Bangladesh, China’s ambitious plan for regional connectivity will revitalize SAARC. So China’s induction into the regional body on the basis of its geographical, historical, cultural and economic features will be a breath of fresh air.

The trade plan’s impacts will make China’s free trade agreements with Pakistan, Sri Lanka, Bangladesh, Nepal and India more lucrative, triggering an economic boost. Though Pakistan and China are yet to finalize the second phase of a free trade deal, trade between the countries was valued at US$4 billion in 2006-07 and reached US$13.77 billion in 2015-16.

The potential benefits of the belt and road, if the dream were even only partly realized, could be enormous. The inclusion of the Middle East and Central Asia could contribute to peace and prosperity in these currently dramatically turbulent regions. The trade plan undoubtedly will have a deep impact in alleviating poverty plaguing South Asia, home to 1.7 billion people. As per the World Bank’s latest poverty calculation, about 570 million people in South Asia still survive on less than US$1.25 a day.

Peace is another dividend that will come to fruition with the new Silk Road initiative. India, with a fast-growing economy, has many disputes with China and Pakistan. It opposes the China Pakistan Economic Corridor (CPEC), a pilot project of the trade initiative, due to its route passing through Gilgit Baltistan, which India considers a disputed area between Pakistan and India. However, Indian lobbyists in collaboration with their Chinese counterparts have been brainstorming to build a peaceful neighborhood for relishing joint economic benefits.

India’s worry

Nukes, Pakistan, Kashmir and cricket are the major concerns of India as it wants to control them at accost, including bribing big powers. All these domains, effectively managed by Indian lobbyist and agents, gave its economy strong footing.

Sandwiched between China and Pakistan and facing a strong freedom movement in occupied Jammu Kashmir, India took an uncharacteristically bold foreign policy stance by turning down China’s invite. India’s objections are rooted on the fundamental issue of its own sovereignty and territorial integrity, which it says have been violated due to the project. India feels the OBOR will basically further interests of Chinese banks and Chinese companies while ignoring Indian sensitivities. It appears to be a rapacious penetration of Pakistan’s economy and territory, including that of Pakistan Occupied Kashmir and Gilgit-Baltistan to which India lays claim, by Chinese enterprises and agencies.

Whenever India, ignoring the freedom struggle being waged by Kashmiris who have been fighting for their lost sovereignty, has lobbied at international forums for entry to the Nuclear Suppliers Group, permanent membership of the UN Security Council and push for UN sanctions against Pakistan, Beijing has always opposed i. Beijing thus offers New Delhi little incentive to be ebullient about bolstering its own causes and crusades especially at the international level

India is keen not to lose out Jammu Kashmir under any new project in South Asia. India opposes and ignores the OBOR. China’s relations with India are not as smooth as its Pakistani ties, although all these nations occupy parts of Jammu Kashmir. India is suspicious of Chinese moves. Plans are being hammered out for a free trade agreement between India and China. That effort comes amid India-China trade volume hitting US$70 billion in 2016 as India sought to increase exports to US$30 billion. Meanwhile, joint feasibility studies for a FTA linking Nepal, Sri Lanka and Bangladesh are on the fast track.

There is room for closer consultations between China and India on the objectives, contours and future directions of the Belt and Road. However, India has considered synergy-based cooperation on a case-by-case basis, where its interests for regional development converge with that of other countries, including China. This pragmatic approach is formulated on India’s stance that as the two major powers in Asia, there is bound to be common understanding on many global and regional issues between India and China. They have cooperated on international platforms with similar positions on climate change and global trade, for instance.

Linked to this is the compulsion of protecting Chinese maritime commerce, particularly oil, in the IOR. India risks being systematically frozen out of business opportunities in an enlarging area that is integrating with the Chinese economy around the world.

Chinese scholars have been issuing dire warnings on how India would be isolated as most Asian nations as well as the USA and Russia are on board. India’s non-cooperation is also being linked to Sino-Indian ties, which have hit a new low lately. The unresolved decades-old border dispute, Chinese support for India’s arch-rival Pakistan and New Delhi’s backing of the Tibetan Buddhist spiritual leader, the Dalai Lama which rankles China, have affected bilateral relations.

Critics also feel that India’s underwhelming response to China’s grand scheme stems in part from the latter consistently squashing its neighbor’s ambitions to augment its influence at the global high table.

It is difficult to say whether India hated more China or Pakistan. India has repeatedly conveyed its strong objections regarding the CPEC to China. A flagship program and the most advanced component of the initiative, the China-Pakistan Economic Corridor (CPEC), passes through Pakistan-occupied Kashmir, a region that is under the control of Pakistan and India now claims to be its own as a ploy to force Pakistan to stop fighting for India occupied Kashmir. As a country acutely conscious of its own sovereignty-related claims, it wants China to appreciate India’s “sensitivities” in this regard.

Besides Indian objections, a document acquired by leading Pakistani daily Dawn lays out Beijing’s plans for the China-Pakistan Economic Corridor, which includes installing 24-hour surveillance in major cities and the dissemination of Chinese culture. Such designs could give fuel to those who frame OBOR as 21st-century Chinese colonialism.

Problems and Prospects

The Belt and Road plan, according to Beijing, is a practical economic strategy for China’s objectives to connect the region, seek new growth engines for its slowing economy, utilize its surplus capacity, and develop and stabilize its western regions. It would also bring benefits to partner countries.

The Belt and Road plan is a Chinese initiative rather than a multilateral enterprise undertaken after prior consultation with potential partner countries, and India has not endorsed it. It is one of the most imaginative and ambitious programs ever to be rolled out by a government. It represents a broad strategy for China’s economic cooperation and expanded presence in Asia, Africa and Europe, and has been presented as a win-win initiative for all participating nations. But for India seeking not to lose out Kashmir by any developmental projects in the region, the connotations of China’s Belt and Road Initiative” for New Delhi are somewhat different. By joining, India could benefit from Chinese investment in infrastructure projects, and fast-track its economic development through trade connectivity.

The origin of the belt and road idea is to open up China’s landlocked western provinces towards Central Asia in a sense it is exporting China’s internal needs to find external solutions.

It is however wrong today to presume that the One Belt-One Road in Beijing is fundamentally the elaboration of a Chinese dream wherein participant countries appear only as facilitators and fade away China would make maximum out of it. India opposes China to be on top of the hierarchy of the states participating in it and it does not approve Chinese leadership and seeks USA to contain China. .

Enthusiasm for Chinese money, however, does not equate to enthusiasm for Chinese leadership. OBOR revealed eye-catching figures including the Chinese government’s pledge to invest $124 billion into the scheme and provide $78 billion of financing for OBOR projects.

Both the Belt and Road are clearly intended to enhance connectivity not just across Eurasia but between China and Europe. However, the EU, which holds reservations over OBOR, can put the brakes on China’s plans, demonstrated by its ongoing investigation into the Belgrade-Budapest high-speed rail funded by Beijing.

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South Asia

NOTA: A Step Forward Or Just A Toothless Tiger?

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Authors: Nakul Chadha and Abhay Raj Mishra*

 “ I went to vote once, but I got too scared. I couldn’t decide whom to vote for.”[1]Andy Warhol

The above-mentioned statement by an American artist to a certain extent defines the situation of almost every voter while casting his vote in a democracy. Every voter gets stuck in the dilemma that to whom he should vote so that it can be in a best interest for him as well as for the nation. Democracy is something which provides the citizens to participate and help in the formation of a good governance with their choice of change. It is essential that best of the men should be chosen for the survival of a democracy in a country.[2] Thus sometimes there comes a situation when voter has no confidence in the candidates that are standing in the fray, so he does not want to cast his vote to any of them.

Before NOTA, if a person wanted to abstain from voting to show his rage against the candidates, he has to go through a process that annihilated his secrecy. Hence, it pushed a need for a provision that allowed secrecy of every voter intacted even if he does not want to vote to any of the candidtes standing in the fray.

Hence, NOTA was introduced in the year 2013 keeping above points in mind by the Supreme Court through People’s Union for Civil Liberties v. Union of India[3] judgement. Although, It does not provide the Right to Reject and thus candidate who has got the maximum vote eventually wins the election irrespective of the number of  NOTA votes. Still, India became the 14th country to introduce a concept of negative voting.

The authors have critically analyzed the situation for which NOTA was required. The purpose of this article is to evaluate whether this reform in election process i.e. introduction of NOTA has contributed to strengthen the democracy or not. The authors have criticallly analysed the judgement of the Supreme Court in the case of PUCL v. UOI, 2013 and it also takes into consideration the belief and opinion of ECI about NOTA. It reviews the role of NOTA in the election process.

The authors have taken into account the issues like flaws and loopholes that are present in the provision and thus analyzing it and suggesting some of the measures that can be taken to make it more helpful in conduction of free and fare election and thus strengthening the backbone of democracy.

Background – Need For The NOTA

India stands as a paragon in front of many arising democratic countries and is also designated as one of the spirited democracy across the globe. One of the principle virtues of a democratic state is its free and fare elections. It is the fundamental principle for every democratic state to have Right to Vote as a constitutional right for the citizens and conduction of election in free and fair form. Although we are proud of our democratic system but there are many area that has to be strenghtened or renewed and in such a large country it cannot be done in one go but through a gradual development until we realize the true potential of a well-operative democracy.[4]

The main objective of NOTA was to increase the number of voters in the election and for maintaining the secrecy of a voter in an election. As secrecy of voting is one of the pivotal factor that keeps up the purity of a election. Introduction of Electronic Voting Machine (EVM) and implementation of rule 49-0 of The Conduct of Election Rules, 1961 raised the foremost concern for the Election Commission of India (ECI) as it made impossible to protect the privacy of voters who wanted to abstain from voting.

In order to fix the critical flaw regarding the secrecy of voters with respect to Right to Reject,

the Election Commission on 10.12.2001, addressed a letter to the Secretary, Ministry of Law and Justice. The letter declared subsequent opinions that the electoral right present under Section 79(d) also includes a right not to cast vote. It also suggested to provide a panel in the EVMs so that an elector may indicate that he does not wish to vote for any of the aforementioned candidate and at last gave the viewpoint that Such number of votes expressing dissatisfaction with all the candidates may be recorded in a result sheet. Although no actions were taken by the ministry in this regard.[5]

The fate of the Right to Privacy while voting was finally decided in the case of Peoples’s Union For Civil Liberties v. Union of India. In the afore-mentioned case, the Apex court stuck down Rules 41(2) and (3) and 49-O of the Election Rules as being ultra vires section 128 of the Representation of the People Act, 1951 and Article 19(1)(a) and Article 21 of the Constitution to the extent they violated the secrecy of voting.[6]

Rule 49-O – Elector deciding not to vote – “If an elector, after his electoral roll number has been duly entered in the register of voters in Form 17A and has put his signature or thumb impression thereon as required under sub-rule (1) of rule 49L, decides not to record his vote, a remark to this effect shall be made against the said entry in Form 17A by the presiding officer and the signature or thumb impression of the elector shall be obtained against such remark.”[7]

Citing section 128 and section 79(d) of RPA, court duly quoted that ‘secrecy of casting vote is duly recognised and is necessary for strengthening democracy’ to maintain the purity of elections.

Section 79(d) defines electoral right of a person to vote or refrain from  voting at an election whereas section 128 of the Act obliges any person performing any duty in connection with the recording or counting of votes at an election to maintain secrecy and penalizing in failure.

If the international provisions would be taken in consideration then Article 21(3) of Universal Declaration of Human Rights (UDHR) and Article 25(B) of the International Covenant on Civil and Political Rights (ICCPR) provides for secret vote for ballot for guaranteeing the unbound expresssion of the will of the electors.

Court said that no distinction can be drawn between the voter for the right of secrecy, regardless of the fact voter decides to cast vote or or to not cast vote in the fray.[8]

With this it was fully ensured that voter’s may or may not cast vote with maintenance of  their secrecy and purity but without the fear of being victimized if his vote is disclosed.

NOTA – As A Provision

NOTA is basically an option which gives voters a right to reject all the candidates. It is present at the bottom of the Electronic voting machines (EVMs) after all the contesting candidates and the voter can cast his NOTA vote by pressing it. Provided that democracy is all about choices and furthermore it is a essence of democracy, NOTA made it easier for voters to have a choice without being victimized.

Earlier, if the voter wants to cast a negative vote then he had to inform the presiding officer which surely was infringment of the Right to secrecy of the voter thus making him stand in a position of being victimized but this does not requires any involvement with any officer on duty and one has to give no information even if he do not want to vote to any of the candidate  contesting in the fray.

‘NOTA’ or None of the above came into existence in September, 2013 when the Supreme Court, in the case of PUCL v. Union Of India upheld the right of the voter to reject all candidates contesting elections saying it would help in cleansing the political system of India as it would lead to political parties contesting clean participants in election. So, Supreme Court in its judgement said “We direct the Election Commission to provide necessary provision in the ballot papers/EVMs and another button called ‘None of the Above’ (NOTA) may be provided in EVMs so that the voters, who come to the polling booth and decide not to vote for any of the candidates in the fray, are able to exercise their right not to vote while maintaining their right of secrecy”[9]

The NOTA option was first introduced in 2013 assembly election in four states Chhattisgarh , Mizoram , Rajasthan and Madhya Pradesh and one Union Territory, i.e., Delhi.

Positive Aspects Of NOTA

Addition of NOTA option on EVMs has helped in several ways in the election process such as by giving voters their freedom of expression, preserving their Right to Secrecy and with all this making a systematic change in elections.

NOTA as a tool for protest:

NOTA preserves freedom of Expression by allowing voters to express dissent or their right to reject all the contesting candidates. This would lead to potentially improve the voter turnout by providing an option to disapprove all the candidates, by this it can encourage more participation in the democratic process i.e. Elections. It also prevents bogus voting as a result of higher voter turnout.

Someone would go for NOTA option only if the ruling party has not done enough work in their previous election term and the opposition party is very weak. For e.g. we can take Gujarat legislative assembly election 2017, there seemed to be an incumbency on the part of Bharata Janata Party(BJP) rule in the state due to several factors and people wanted to change the ruling party but the opposition was Indian National Congress (INC) which has lost its significance in Gujratover the years due to Modi government .

So, it would have been a different scenario if voters chose NOTA option, there was a possibility that BJP would not have won the election in the first place or won it with a very little margin, helping them realise that the party has not done enough and thus encouraging them to work hard for the next election.

NOTA as a tool to protect secrecy:

NOTA also preserves voters Right to secrecy because before NOTA if a voter wants to reject all the candidates i.e. give a blank vote then according to rule 49-O of Conduct of Election Laws, 1961, voter had to sign a form with their name on it which would lead to violation of their right to secrecy and the blank voters could be traced and punished for their choice but with this there was no disclosure of any names to anyone helping voter to have his secrecy.

NOTA as a tool for change in politics :

After, NOTA there is a possibility that most of the candidates selected are honest because after NOTA the contestants representing the parties are also with good and clear public image as the political parties have fear that voters can give votes to the NOTA option.

By utilizing this power, electorates can send a clear signal to the political parties that some people are not happy regarding the candidates that are contesting in the election and thus creating extreme pressure on the parties to only field those candidates who are more acceptable to the electorates. This empowerment of the voters may also result to more systematic change in the election process.[10]

Negative Aspects:

Although NOTA to a certain extent has fulfilled its major cause, that is, to protect the voters of the country from being victimized by safeguarding their Right to secrecy but no rule or provision comes without flaws.

  • No significant increase in participation:

NOTA seems to fail in increasing the participation of voters in the elections, which signifies the strength of democracy as the court implied that turning up to booths and voting on NOTA is far better that not voting at all.

  • Not equal to Right to Reject:

The observation behind it was to give the voters a feeling of empowerment. But the meaning of the order has not been taken correctly. It in no way provides a Right to Reject. The Supreme Court just assserted that as people have right to show the liking for a candidate to be elected, in the same way they should have a choice for the Negative voting.

Yet, as former CEC, S.Y. Qureshi, points out by giving a example that even if 99 votes out of 100 total votes goes to NOTA still the candidate who has got that 1 vote will be treated as a winner, as he has got the highest number of valid votes. The rest of votes given to the NOTA are considered to be invalid or as no vote.[11]

  • Only a moral obligation to parties:

It only bounds the political parties to nominate a better and more ethical and moral valued candidate as larger number of votes going to NOTA shows a kind of disafffection towards the candidates that are present in the fray. But in general, it only puts a moral pressure on the parties rather forcing them by rules and regulations which in some ways is a bit more optimistic and thus political parties refuse to stop the candidates from contesting in the election making NOTA a tool of participation for voters and nothing more than that.

S.Y. Qureshi along with Mr. Rajeev Dhawan and Subhash Kashyap, Former Secretery General of Lok Sabha also believed that Supreme Court is in some way too optimistic in thinking that NOTA will by-product in a cleaner politics. While K.K. Venugopal and Association for Democratic Reforms (ADR) forced to elongate it a Right To reject.[12]

NOTA by far can be said said as toothless tiger as it does not result in re-election or disqualification of the candidates that once have got less vote than NOTA itself and thus, in no way it influences the result of elections. It is not a direct substitute to a bad governance but only is a motivation to change and improvement. Candidates also began to campaign against NOTA and said it be a wastage of vote and thus influencing the voters against it who may not have a full knowledge about the provisions.[13]

Conclusion And Suggestions:

With this, a conlusion can be drawn that a country like India having vibrant democracy, adding NOTA button in the EVM will certainly increase the political participation but only if, it is provided with more power and is implemented in better way. In order to further strengthen the NOTA, there are several suggestions.

There should be addition of rules that votes casted to NOTA should also be counted and if in an election where NOTA has got the most number of votes, none of the contestants should be elected and all the candidate contesting in that particular election would be barred from contesting again as they have already been opposed by voters.

Other than that, political parties should also think about the fact that they should only field such contestants in the election who have a certain qualification, experience in public service rather that by seeing his ability to spend money or to which caste or religion he belongs.

Also door to door campaigning should be stopped as it can help in manipulation of voters and mal-practice and corruption. Above all there is dire need of awareness programs to make voters more cognizant of the concepts of NOTA as one can only take a decision about certain things when he is fully aware of its repercussions and keeping in mind the fact voters are backbone of a democracy in a country.

*Raj Mishra, Maharashtra National Law University, Nagpur


[1] Edward D. Powers, “Third-Party Politics: Andy Warhole’s ‘Vote McGovern’, 1972, Zeitschrift Für Kunstgeschichte, vol.75, no. 3, pp. 391–416, 2012< www.jstor.org/stable/41642670 >Accessed May 3, 2020

[2] Ms. Mamta D. Awariwar, ‘Supreme Court Guidelines on Right to Reject and its Implication : A Study’, University Grants Commission, Pune, July 2017

<http://bvpnlcpune.org/Results%20PDF/Executive%20summary.pdf>

 Accessed May 3, 2020

[3] AIR 2003, SC 2363

[4] Sanjeev Kumar Chaswal ‘A Paradox of Right to Recall and Reject- A boon or a bane’ The Institute of Constitutional and Parliamentary Studies  

<https://www.academia.edu/8249541/_A_Paradox_of_Right_to_Recall_and_Reject_-_A_boon_or_bane_> Accessed April 29, 2020

[5] Report No. 255 , Electoral Reforms, ‘Nota and the Right To Reject’, ch.1, pp.190, March 2015,

<http://lawcommissionofindia.nic.in/reports/Report255.pdf>

Accessed April 29, 2020

[6] People’s Union for Civil Liberties v. Union of India, AIR 2003, SC 2363

[7] The Conduct of Elections Rules, 1961, Rule 49-O

[8] Pooja pandey, ‘ The NOTA Judgement in India: A Bigger Narrative’

 <https://www.academia.edu/35272294/NOTA_Judgement_in_India_Bigger_Narratives.pdf

 Accessed April 30, 2020

[9]                  PUCL v. Union Of India, 2003, SC 2363

[10] Arindam Mandal, Biswajit Mandal, Prasoon Bhatthacharjee, ‘Does NOTA Affect Voter Turnout? Evidence From State Legislative Elections in India’, Asian Journal of Economic Modelling, Vol. 5, No. 3, August 17, 2017<https://www.researchgate.net/publication/318008834_Does_Nota_Affect_Voter_Turnout_Evidence_from_State_Legislative_Elections_in_India>

Accessed April 30, 2020

[11] S.Y. Qureshi, Pressure of a Button, The Indian Express, October 3, 2013

 <https://indianexpress.com/article/opinion/columns/pressure-of-a-button/>

 Accessed May 3, 2020

[12] Katju Manjari, ‘The None of the Above Option’, Economic and Political Weekly, vol. 48, no. 42, October 19,    2013 <https://www.epw.in/journal/2013/42/commentary/none-above-option.html>

 Accessed May 3, 2020

[13] Dr. Vijaya Laxshmi Mohanty, Ms. Ramneet Kaur, NOTA- A  Powerful Opponent or a Toothless Tiger?- In Perspective of General Election 2014, Institute of Public Policy Studies and Research, Odisha, December 14 2014<https://www.academia.edu/9787108/NOTA-A_powerful_opponent_or_a_toothless_tiger_-in_perspective_of_General_elections_2014>

Accessed April 30 2020

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South Asia

Populism: Effects on Global Politics and Pakistan

Maham S. Gillani

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Populism is a concept in political science that postulates that the society is divided into two groups that are at odds with each other. According to Cas Mudde who is the author of Populism: A Very Short Introduction, these two groups consist of:  ‘the pure people’ and ‘the corrupt elite’. The term ‘populism’ is often used as a kind of a political insult. For instance, Jeremy Corbyn, Leader of the Labour Party in Britain has often been accused of invoking populism over his party slogan ‘for the many not the few’, but it’s not actually the same thing. According to Benjamin Moffitt, author of The Global Rise of Populism, the word “is generally misused, especially in a European context.” A populist leader in the true sense of the word claims to represent the uniform will of the people, stands in opposition to the enemy – that is often embodied by the current system which is aimed at either ‘draining the swamp’ or ‘tackling the liberal elite’. Dr. Moffitt continues, “It generally attaches itself to the right in a European context… but that’s not an iron rule.”

In the contemporary world, Populism is everywhere in the political spectrum: there are politicians like Marine Le Pen in France, Donald Trump in the US, Viktor Orbán in Hungary, and Narendra Modi in India. Political scientists believe that populism is not a new phenomenon but in the past decade it has certainly accelerated, and has taken many forms in the 2010s – which were often overlapping. In some countries a socioeconomic version was observed, where the working class pitted against big businesses and cosmopolitan elites who were believed to be benefitting from the capitalist system, such as, in countries like France and the US. While others saw an overwhelming focus on the cultural form thrive with emphasis on issues like immigration, national identity and race, for instance, in countries like Germany and India. However, the most common type of populism was the anti-establishment populism that pits the common masses against the political elites and the mainstream political parties represented by them. These forms of populism are likely to also continue into the next decade, although the main focus may probably shift from immigration to climate change.

Associate professor of comparative politics at the University of Reading in England, Daphne Halikiopoulou opines, “If the 2010s were the years in which predominantly far-right, populist parties permeated the political mainstream, then the 2020s will be when voters are going to see the consequences of that.” Although in some ways the results are already beginning to manifest in some states, a case in point being the 2016 vote in Britain to exit the European Union – Brexit – and the consequent political fallout that led to the resounding victory of the populist Prime Minister, Boris Johnson in the general election. Moreover, in other countries also the populist parties are beginning to make their impact in various ways – if not through directly passing legislation then by exerting pressure in the opposition.

In the near future i.e. the 2020s, many populist political figures are expected to rise to power and prominence. For example, Italy’s Matteo Salvini, who is the leader of the far-right and nativist League party has sworn to return to government as the prime minister, and if successful he is likely to forge alliances with his fellow populist leaders, inter alia, Boris Johnson and Donald Trump. Such alliances could herald a reinvigorated wave of populism in the world. On the other side of the globe, Narendra Modi, the Indian Prime Minister, has also signaled to continue his quest of deepening his Hindu-nationalist agenda. It is in this context that his government enacted a controversial Citizenship Amendment Act – which grants citizenship to refugees belonging to every major South Asian religion except Muslims – leading to weeks of protests and unrest across the country, in addition to continuing his policy of political repression and harsh lockdown in Kashmir.

Pakistan is, of course, not immune to the global move towards populism. Imran Khan is viewed by many political science experts as a populist prime minister. Ever since coming to power he has pursued divisive politics by sometimes silencing and at other times discrediting dissenters. The arrest and imprisonment – often on groundless allegations – of many opposition leaders can be viewed in this context. Moreover, on more than one occasion certain quarters of the media have been targeted and demonized in a bid to kill the messenger if you can’t kill criticism. These policies of the incumbent government led by Prime Minister, Imran Khan, to stifle opposition negate principles of pluralism and democratic tolerance. Pakistan is indeed on a slippery slope vis-à-vis the rise of populism in politics.

Populism is likely to persist as a fixture of politics for the foreseeable future. How countries choose to respond to it may become the defining feature of the remaining part of the twenty-first century. Propagation of values of democracy such as international cooperation, religious tolerance, pluralism and diversity seem to offer the only ray of hope in this, otherwise, dark tunnel of populism.

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South Asia

India may attack Pakistan under false flag operations

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Prime Minister Imran Khan once again stressed that India is gearing up for false flag operation to divert the entire world’s attention from the genocide it is committing in its part of Jammu & Kashmir.

India is accustomed to attacking Pakistan on lame excuses to divert world attention to its crimes. Last year, in February, using the self-designed Pulwama incident, committed surgical strikes deep into Pakistan. Just after the hours of Pulwama incident, without conducting any inquiry or collecting evidence, the Indian Prime Minister blamed Pakistan and threatened with surgical strikes. Pulwama was pre-planned and used as a lame excuse only. A similar trick can be repeated by India again.

In fact, India is facing a massive economic crisis, internal insurgencies, mass-protests, ethnic divides, and religious discrimination. Poor agriculture declined Industrial output, and lack of economic activities, the country is facing enormous challenges.

Due to its poor records of Human rights and religious discrimination, the world reaction is intensified. Human rights watch’s reports, or the US commission on religious freedom’s story, or EU reports, all are condemning India. Islamophobia has distanced India from the Muslim world too. India is facing isolation internationally.

Having disputes with all its neighbors, India is under immense pressure. Indian territorial disputes with Nepal had taken a new turn, when Nepal issued a new Map, showing its whole territory, parts of Indian Occupied territories too. Amended Citizenship Act may impact two million Muslims and may face deportation to Bangladesh, and water disputes make two countries (India-Bangladesh) enemies. With Mayanmar, territorial disputes and refugee issues also made odd-relations between them. By supporting Tamil insurgents, India spoiled its relations with Sri Lanka.  Over-interference in domestic politics, its ties with the Maldives soared. The Illegal occupation of Jammu & Kashmir, Gurdaspur, Juna Ghar, is the real cause of tension between India and Pakistan. Denial of right of Self-Determination of Kashmiri people for seven decades and non-implementation of UN resolutions passed in 1948 on Kashmir are genuine concerns for Pakistan. Frequent violation of line of control and cross-border terrorism is a matter of serious attention. Indian occupation of Chinese territory and border clashes are getting severe recently. India hosts the Dalai Lama’s exiled government of Tibet, and openly opposing BRI is causing discomfort between two countries. The over-tilt toward the US and Indian attempts to compete and contain China may be a genuine issue of concern for Beijing.

The recent tension with Nepal and China may become a catalyst, and India makes another false flag operation against Pakistan. India is using spy-drones against Pakistan, one of such was shot down by Pakistan 650 meters inside Pakistani territory.

Indian frequent violations of Line of Control (LoC) and cross border terrorism, are the tools to incite Pakistan and force to a full-fledged war.

Pakistan is in the hands of visionary leadership, and the people of Pakistan are peace-loving in nature. Pakistan has been observing restrains and patience because we know the consequences of war, especially when both India and Pakistan are nuclear states and posses enough piles of weapons to eradicate each other. If India is crazy, we are not.

It is an appeal to the international community to intervene and force India to cool down its war-craze. UN and P5 may notice an aggressive Indian attitude toward all its neighbors, especially with Pakistan. Timely intervention may avert a big disaster. 

However, our love for peace may not be mistaken as a weakness. If war imposed, Pakistan is in a position to surprise India. We did surprise India last year on 27 February and can surprise in a much stronger way if a situation arose in the future.

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