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Electoral Reforms in India: Good Governance Diplomacy in Smoke and Mirrors

Dr. Nafees Ahmad

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The punishment suffered by the wise who refuse to take part in the government, is to suffer under the government of bad men said Plato. The governance is perennial permutation and election is periodic mutation. Governance is not limited to electoral reforms alone; it has got embedded with a multitude of vicissitude. India is synonymous with democracy and it has become a shibboleth in political parlance to address India as the largest democracy.

Democracy is an engine that is propelled by the fuel of equality with equity, liberty with pluralism, fraternity with multiculturalism and unity with diversity on the tracks of rule of law and public participation. But democracy has eviscerated democracy in India due to its being in the hands of people who do not subscribe to an idea called institutional constitutionalism that in turn ensures good governance. The good governance germinates and gestates choices called election that is an inalienable and non-derogable feature of democracy that works as the spinal cord to sustain diversity, pluralism and multi-culturalism.

Election is not a seasonal pomp and show but a sacrosanct and serious process of upholding norms of democratic way of life in all geo-political entities including India. Thus, election is not limited to change of one set of political structure with another one but it a multitude of many dimensions. However, there is a pejorative trend in the most powerful methodology of making choices at the hustings. Despite the fact that scientific and technological advancements [EVMs (Electronic Voting Machine)] are being employed to elicit the free and fair preferences and predilections of We, the People of India, at the electoral politics but electioneering still lacks transparency in terms of funding, trolling, and defection etc.

The robust economic reforms peregrination of India since 1991 has made an indelible integration of Indian economy with the world economy but at home has created a democratic deficit in the Indian polity and left it unattended that is overdue parliamentary reforms called electoral reforms agenda. The electoral reforms in 21st century context have become more important and relevant than ever before. In the absence of electoral reforms, democratic deficit is having an incremental impact in the form of low voter turnout, no compulsory voting, no postal voting and no online voting. These trends are bad for democracy as people’s engagement in the political process is dismal and many vulnerable sections like minorities and Dalits feel alienated and excluded. Consequently, electoral reforms agenda is subjected to amnesia by the political executive that has been basking in a state of hubris since the inauguration of the Constitution of India. This sordid state of affairs has presented a desideratum; can economic reforms alone deliver? How to address the interplay among issues of corruption, accountability, rule of law, political party development, public administration and economic reconstruction in elections in divided societies? How is good governance achieved in elections? How to promote good governance in transition? Is everything fine with the existing electoral process in India? Are we, the people of India suffering from democratic diseases or excessive democracy?

History of Electoral Reforms in India 

The first three general elections (1952-1962) have been regarded free and fair elections but subsequent elections are marred by the distortion of the power structure at every level of governance. Consequently, positive power has been restricted and negative power remains unchecked. State organs have become dysfunctional and have been suffering maximum government and minimum governance. Elections only change players but there is no change in the rules of the game. Moreover, authority stands delinked from the accountability and rule of law. Institutional on-performance has become rampant, good behaviour is not rewarded and bad behaviour is not punished and honesty and political power have increasingly gone incompatible. There have been several attempts to have electoral reforms agenda executed wherefor few committees and commissions were constituted such as 1990 Goswami Committee on Electoral Reforms, 1993 Vohra Committee Report, 1998 Indrajit Gupta Committee on State Funding of Elections, 1999 Law Commission Report on the Electoral Laws, 2001 National Commission to Review the Working of the Constitution, 2004 Election Commission of India with Proposed Electoral Reforms and 2008 The Second Administrative Reforms Commission. These committees and commissions have adumbrated the appalling deviations, discrepancies and irregularities in the election process and made pragmatic recommendations to reform the electoral architecture.

Supreme Court of India on Electoral Reforms

The Supreme Court of India ruled in July, 2013 that Parliamentarians and State Legislators who have been convicted with a jail term of two years or more are barred from contesting elections. The Supreme Court has struck down Section 8 (4) of the People’s Representation Act, 1951 in India whereunder convicted members of Parliament and State Legislatures were allowed to continue in their elected offices. Meanwhile, their appeals peregrinating in the upward mobility of the judicial hierarchy as the Clause 8(4) had provided special privilege to MPs/MLAs to hold the office even after conviction if an appeal has been filed in a higher court within the span of 3 months. On a petition filed by a NGO called Common Cause for having a separate button on the Electronic Voting Machine (EVM) with the option of “None of the Above” (NOTA) and the Supreme Court gave a favourable ruling in the NOTA case on 27th Sept. 2013. The NOTA button was inserted in the EVM machines first time during the 2014 Lok Sabha elections. In the case of People’s Union for Civil Liberties vs. Union Of India, (2013) 10 SCC 1, the Supreme Court ruled that it is a ‘categorical imperative’ that a candidate discloses his criminal antecedents otherwise such concealment would amount to a “corrupt practice” under Section 123 of the Representation of the People Act, 1951. Further, such a corrupt practice makes the candidate liable to be disqualified under Section 8A of the same Act. But such progressive judicial decisions do not get any political backing as political parties are not honest to have electoral reforms and cleanse the political system mired in political chicanery and subterfuge. There are some notable cases delivered by the Supreme Court like FCRA Tribunal Case, [CRL.M.C. No. 2784/2011 & Crl. M.A. Nos. 10129/2011/2015 and 6144/2012, Foreign Contribution (Regulation) Act, 2010], The Alleged Paid News Case [Ashok Shankarao Chavan v. Madhao Rao Kindhalkar and Others (2014) 7 SCC 99, 1], Disqualification Of Convicted MPs/MLAs Case [Lily Thomas and Lok Prahari NGO Case, (2013) 7 SCC 653] and Disproportionate assets of the Elected Representatives Case [Lok Prahari v. Union of India and Others,10 July, 2013]

Major Electoral Issues

Electoral canvas of India is in utter chaos from top to bottom and it appears beyond correction at least at the end of political architects of the country. The Election Commission of India has been making all efforts to cleanse the electoral system but We, the People of India, only look up to the highest judicial establishment of the land—the Supreme Court of India—for the redress of our repinements. However, judicial branch of the state should not be treated as a panacea for all ills that have been plaguing the country since its emergence out of the colonial clutches in 1947. There is crisis of governance that has raised its ugly head in many forms like Increasing Lawlessness, Inefficient State Apparatus, Unresponsive Bureaucracy, Expensive Judicial System (or Ineffective), All Pervasive Corruption, Criminalization of Politics, Politicization of Criminals, Money and Muscle Power in Elections, Political Instability, Erosion of Legitimacy of Authority, Fiscal Power [Cash Limit], Misuse of State Machinery [Incumbent Government], Compulsory Voting [Penal Consequences], State Funding [Reimbursement of certain % of amount] [National Election Fund], Casteism, Communalism, Religion, Regionalism [CCRR], Intra-party Democracy [Nepotism and dynastic political outfits are autocratic & unaccountable], Inclusion, Exclusion and Cessation of Candidates [Qualifications etc.], Candidate Expenditure Limits- No Limit on Political Party, Corporate Electoral Trust/Corporate Funding to Political Parties [Proposal for Electoral Bonds], Issue of Foreign Funding Taken By BJP and INC and How to bring Political Parties under RTI?

Way Ahead

In this conspectus, there is a need to have comprehensive, consolidated and holistic electoral reforms while addressing following submissions along with all issues that have been identified hereinabove that there must not be a caste-based or religion-based delimitation of parliamentary and state assembly constituencies, True Representation of political attitudes must be attended, state funding of election campaign must be based on securing minimum percentage of vote share by a political party and to equalize the election completion, there should be an easy procedure for voting, vote counting, ballot design that must be identifiable by the ordinary voter. The Constitution of India must appropriately be amended to address the administrative and legal framework to make the electoral reforms more pragmatic and practical, election law must make transparency a prerequisite of a fair election and change the way politicians plan to win the elections under all circumstances, the Election Commission of India should again be a single member body or primacy to the opinion or decision of the Chief Election Commissioner (CEC) of India be accorded in the existing election body to ensure fairness, transparency and integrity of the system, the avenues must be cajoled to ensure full turnout of the voters, National Transparency Courts (NTCs) must be established to try election-related offences and violations within a time-frame of one month, election reforms must make honesty compatible with public office and create a fusion of authority and responsibility within the gamut of citizen-centered governance. Electoral reforms must respect the people’s sovereignty and the instruments of accountability [Right to Information, Citizen’s Charters with penalties for non-performance, Stakeholder empowerment, making crime & corruption investigation agencies independent and autonomous. Therefore, the idea of a democratic polity is incomplete without periodic elections. The attitudes, ethics, and values of a society wedded with democracy of diversity and multiculturalism are expressed in elections. People’s sovereignty is asserted in the elections that accords legitimacy to the government and its lego-institutional structure for good governance. A free and fair election is the backbone of a democratic political set-up and same has been ordained in the schematization of the Constitution of India.

Ph. D., LL.M, Faculty of Legal Studies, South Asian University (SAARC)-New Delhi, Nafees Ahmad is an Indian national who holds a Doctorate (Ph.D.) in International Refugee Law and Human Rights. Author teaches and writes on International Forced Migrations, Climate Change Refugees & Human Displacement Refugee, Policy, Asylum, Durable Solutions and Extradition Issus. He conducted research on Internally Displaced Persons (IDPs) from Jammu & Kashmir and North-East Region in India and has worked with several research scholars from US, UK and India and consulted with several research institutions and NGO’s in the area of human displacement and forced migration. He has introduced a new Program called Comparative Constitutional Law of SAARC Nations for LLM along with International Human Rights, International Humanitarian Law and International Refugee Law & Forced Migration Studies. He has been serving since 2010 as Senior Visiting Faculty to World Learning (WL)-India under the India-Health and Human Rights Program organized by the World Learning, 1 Kipling Road, Brattleboro VT-05302, USA for Fall & Spring Semesters Batches of US Students by its School for International Training (SIT Study Abroad) in New Delhi-INDIA nafeestarana[at]gmail.com,drnafeesahmad[at]sau.ac.in

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South Asia

Geopolitics, the black swan in Saudi-Indian relations

Dr. James M. Dorsey

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When Saudi Crown Prince Mohammed bin Salman meets Indian Prime Minister Narendra Modi next week, the elephant in the room is likely to be what weighs more: the issues the two men agree on or the ones that divide them.

As a matter of principle, Prince Mohammed and Mr. Modi are likely to take their strategic partnership to a new level as a result of changing energy markets, a decline in American power, the rise of China and the transnational threat of political violence.

Discussions with the crown prince and his delegation of Saudi businessmen on energy and investment will prove to be the easy part. Saudi Arabia is investing US$44 million in a refinery in Maharashtra’s Ratnagiri and supplies 20 percent of India’s crude oil. India, moreover, expects the Saudis to invest in ports and roads while Saudi Arabia is interested in Indian agriculture that would export products to the kingdom.

At first glance, security issues should be a no-brainer. The two countries hold joint military exercises, share intelligence and cooperate on counterterrorism. They are also working to counter money laundering and funding of political violence. Things get complicated, however, when geopolitics kicks in. Prince Mohammed arrives in Delhi on the back of a visit to Pakistan, where he is expected to sign a memorandum of understanding on a framework for $10 billion of investments, primarily in oil refining, petrochemicals, renewable energy and mining.

The memo follows significant Saudi aid to help Pakistan evade a financial crisis that included a $3-billion deposit in Pakistan’s central bank to support the country’s balance of payments and another $3 billion in deferred payments for oil imports.

The tricky part are the investments in the memorandum that include a plan by the Saudi national oil company Aramco to build a refinery at the Chinese-backed port of Gwadar, close to Pakistan’s border with Iran and the Indian-backed Iranian port of Chabahar. Both Pakistan and Saudi Arabia are closely monitoring Chabahar’s progress.

A potential Saudi investment in the troubled Pakistani province of Balochistan’s Reko Diq copper and gold mine would strengthen the kingdom’s hold in the strategic province that both Prince Mohammed and US president Donald J Trump’s hardline national security adviser John Bolton see as a potential launching pad for efforts to destabilise Iran. Taken together, the refinery, an oil reserve in Gwadar and the mine would also help Saudi Arabia in efforts to prevent Chabahar from emerging as a powerful Arabian Sea hub.

Saudi funds are flowing into ultra-conservative anti-Shiite, anti-Iranian Sunni madrassas in Balochistan. It remains unclear whether the money originates with the Saudi government, Saudi nationals of Baloch descent or the two million-strong Pakistani diaspora in the kingdom.

The money helps put in place building blocks for possible covert action should the kingdom or the US — or both — decide to act on proposals to support irredentist action.

Such covert action could jeopardise Indian hopes to use Chabahar to bypass Pakistan, enhance its trade with Afghanistan and Central Asia and create an antidote to Gwadar, a crown jewel in China’s Belt and Road initiative.

Pakistani analysts expect around $5 billion in Afghan trade to flow through Chabahar after India in December started handling the port operations. It could also further strain ties with Pakistan that accuses India of fomenting nationalist unrest in Balochistan.

The funds take on added significance in the face of Saudi concerns about Chabahar and India’s support for the port. The money continues to flow even though the crown prince has significantly cut back on the kingdom’s global funding of ultra-conservative Sunni Muslim groups to bolster his assertion that the kingdom is embracing a more moderate, albeit as yet undefined, form of Islam.
The money started coming in at about the time the Riyadh-based International Institute for Iranian Studies published a study that said Chabahar posed a “direct threat to the Arab Gulf states” that called for “immediate countermeasures”.

Written by Mohammed Hassan Husseinbor, a Washington-based Iranian Baloch lawyer and activist, the study warned that Chabahar would allow Iran to step up oil exports to India at the expense of Saudi Arabia, raise foreign investment in the Islamic Republic, increase government revenues and allow Tehran some muscle-flexing in the Gulf and the Indian Ocean. Noting the expanse of Iran’s Sistan and Balouchestan province, Mr. Husseinbor said “it would be a formidable challenge, if not impossible, for the Iranian government to protect such long distances and secure Chabahar in the face of widespread Baluch opposition, particularly if this opposition is supported by Iran’s regional adversaries and world powers”.

Published in a country that tightly controls the media as well as the output of think tanks, the study stroked with a memorandum drafted a year later by Bolton before he assumed office. The memo envisioned US support “for the democratic Iranian opposition”, including in Balochistan and Iran’s Sistan and Baluchestan province.

Iranian officials believe that Saudi Arabia and the US have a hand in a string of recent attacks by Baloch, Kurdish and Iranian Arab nationalists but have so far refrained from producing anything beyond allegations. Most recently, they point to a rare suicide bombing in Chabahar in December that targeted a Revolutionary Guards headquarters, killing two people and wounding 40.

Writing in the Pakistan Security Report 2018, journalist Muhammad Akbar Notezai said, “to many in Pakistan” concerns about Indian support for the Baloch “were materialized with the arrest of Kulbushan Jadhav, an Indian spy in Balochistan who had come through Iran. Ever since, Pakistani intelligence agencies have been on extra-alert on its border with Iran”.

The journalist warned that “the more Pakistan slips into the Saudi orbit, the more its relations with Iran will worsen… If their borders remain troubled, anyone can fish in the troubled water”.

Mr. Notezai implicitly put his finger on the pitfalls Prince Mohammed and Mr. Modi will have to negotiate to ensure that their ever closer economic, energy and security relations can withstand the challenges posed by the escalating and intertwined rivalries that link West and South Asia.

Author’s note: This article appeared in Firstpost

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Tapping potential of connectivity through BCIM-EC

Sultana Yesmin

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The Bangladesh-China-India-Myanmar economic corridor (BCIM-EC) is a sub-regional initiative, earlier known as “Kunming Initiative”, or BCIM Regional Economic Cooperation, was established in August 1999 in Kunming, capital of China’s south-western Yunnan Province by the scholars from China, India, Bangladesh, and Myanmar.

Chinese Premier Li Keqiang proposed the BCIM-EC initiative during his visit to India in May, 2013. The Joint Statement between China and India officially proposed the establishment of the BCIM-EC, while later Bangladesh and Myanmar offered strong and positive responses towards the development of economic corridor across the sub-region.

The proposed BCIM economic corridor aims to construct a 2,800-km economic corridor connecting 20 major cities and towns of the BCIM countries. Starting from Kolkata, the capital of West Bengal, the corridor is planned to end in Kunming, capital of China’s Yunnan Province via Bangladesh’s Jessore, Dhaka, and Sylhet; Imphal of Manipur and Silchar of Assam in North Eastern part of India, and Myanmar’s Ka Lay, Monywa, Mandalay, Lashio and Muse.

The BCIM Forum was primarily initiated with the aim of building regional cooperation among the four participating countries as well as integrating the BCIM economies through building overland economic corridor along the routes connecting the sub-region of South Asia, Southeast Asia, and East Asia.

The overland connectivity aside, over the years, the objectives of the BCIM-EC expanded in the areas of poverty alleviation, people-to-people connectivity, cross-border energy trade, tourism, human resource development, sustainable development as well as trans-border security.

Significant progresses have already been witnessed towards the achievement of these objectives. As for example, starting from 1999 to 2015, total 12th BCIM Forums have been arranged by the BCIM countries. The idea of the construction of Kunming-Mandalay-Dhaka-Kolkata (K2K) economic corridor was first proposed in the 9th BCIM Forum held in Kunming, China from January 18 to 19, 2011, which marked significant milestone in the development of the economic corridor across the BCIM sub-region.

The 10th BCIM Forum held in Kolkata, India from February 18-19, 2012 was also crucial for taking the decision about the Kolkata to Kunming (K2K) Car Rally along the BCIM routes. As per the consensus, the historical Kolkata to Kunming (K2K) Car Rally in February 2013 was warmly received in four countries that underscored the construction of BCIM economic corridor across the sub-region.

Subsequent to these developments, strengthening the working relationship between Track II and Track I and the initiation of Track I diplomacy through the consensus in 9th Forum and the 11th BCIM Forum respectively injected noteworthy impetus into the development of multimodal connectivity across the BCIM sub-region.

So far, three Joint Study Group (JSG) meetings have been conducted among the representatives of the four countries to foster physical connectivity, facilitate trade in goods, services, and investment; promote economic integration; and also to enhance people-to-people contacts among the BCIM countries.

The 1st JSG was held in Kunming, China from December 18-19, 2013, while the initiative was undertaken for the official launch of intergovernmental process of BCIM-EC. The 2nd JSG held in Bangladesh’s Cox’s Bazar from December 17-18, 2014 gained momentum after the consensus of the four countries to prepare separate country reports on the concept, scope and elements; principles and modalities of cooperation; and framework of cooperation. And, during the 3rd JSG meeting which held on 24- 25 April 2017, in Kolkata, the four countries agreed on upgrading of the talks on BCIM-EC to the intergovernmental level.

The significance of the BCIM-EC is enormous. Geo-strategically, the economic corridor is the gateway to three sub-regions, South Asia, Southeast Asia, and East Asia. It is also the hub of blue economy and international maritime trade with the endowment of the Bay of Bengal and its adjacent areas, Indian Ocean, the Andaman and Nicobar Islands.

The geo-economic significance of the BCIM-EC is also immense. The BCIM sub-region with the enhanced transport connectivity can be a zone for international trade and business. The free flow of goods and services as well as cross-border trade and investment through the seamless connectivity will facilitate equitable sharing of benefits among the BCIM countries.

The proposed BCIM-EC attempts to build multimodal connectivity in order to accelerate all round development across the sub-region, goodwill, peace, and the stability in the sub-region based on the principles of mutual interest, trust and respect, and equitable sharing of benefits.

Though there is a prevalence of some security, economic, and political factors remaining as key challenges, the countries need to come up with concrete measures to fully tap the immense potentials of connectivity through the successful establishment of the BCIM-EC across the sub-region.

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Kashmir: Aftermath of Pulwama attack?

Amjed Jaaved

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India quickly blamed Pakistan for Pulwama attack. .Indian media reports reflect that India’s accusation, if anything, was a knee-jerk reaction to pander to sentiments of fanatic gallery. It would have sounded credible, if the accusation had been corroborated with evidence.

The allegation was made even before forensic-lab and National Investigation Agency teams `visited the site of the attack at Lethpora, some 30 km from Srinagar on the Srinagar-Jammu national highway, took photographs and videos and collected samples from the 15-mile area for forensic examination’. (Indian Express February 16, 2019). Indian Express dated Feb. 15, 2019 speculated `High-grade RDX explosive, weighing about 80 kilogram, was used in the suicide attack’. The Hindu dated February 16, 2019 estimated `100-150 kg of the explosive was used’. Investigating `agencies have also taken tower dumps of the attack area to filter out suspicious calls and those made in around the same time as the attack’ (Hindustan Times dated February 16, 2019). No word yet from the investigators.

The Standing operating procedure required movement of up to 100 persons in a convoy.  But `the CRPF had been moving such convoys, comprising more than 2,500 personnel each, on the Srinagar-Jammu highway. In the past fortnight, two such convoys had moved from Jammu to Srinagar. The latest was on February 4 with a convoy of 91 vehicles and 2,871 personnel’. Why the convoy could not spot the lonely suicide vehicle trailing behind? How the terrorists knew that the convoy movement was delayed by two days? How they remained undetected loading the vehicle with explosives whole day?

Obviously, some demoralized security personnel provided information to `militants’. There are frequent suicides and desertions in forces. A few days back a soldier was abducted and killed by freedom fighters. Later an inquiry blamed some of his companions of collusion with `terrorists’. Critics including Kashmiri leaders have questioned why the CRPF personnel were not air-lifted. They pointed to IAF’s showcased `airlifts of record 463 tonnes to Ladakh from Chandigarh within hours’. `The effort was accomplished with the aid of a fleet of 16 fixed wing transport aircraft comprising of C-17 Globemaster, the Ilyushin-76 Gajraj and the Medium  lift Tactical aircraft, Antonov-32 (Indian Express dated December 19, 2018).

To demonise Valley-based Kashmiris, government encouraged fanatic Hindus to stage violent rallies in Jammu. To forestall plunder of Valley based Kashmiri living in Jammu and save their lives, Centre had to impose curfew. There was a veritable, though alarming possibility, that Valley-based Kashmiri would do tit for tat to Jammu residents living in the Vale. Spectre of a civil war between various regions of Kashmir alarmed the central government. Its dignitaries rushed to Srinagar to hold all-party conference.  The Kashmiri leaders are already rueful at creation of Ladakh as a separate divisional headquarter. Fearing internecine clashes, Kashmiri leaders, including Hurriyat’s Gilani had to appeal to government for security of Kashmiris marooned outside Valley and in Indian states. Kashmiris are furious that the Centre could not airlift even the students `imprisoned’ in Srinagar University because of cut-off of road-rail links.

Kashmiri leaders assail about Pulwama attack. They point out similar attacks took place in Chhattisgarh. But, they received no limelight.  In 2010, Naxals ambushed Indian troops in Dantewada in Chhattisgarh killing 76 personnel. On April 24, 2017, 25 Indian soldiers were killed at  Sukma, Chhattisgarh. India is using the Pulwama attack as an excuse to escalate tensions with Pakistan. It made no bones about using air force in future surgical strikes. It wants to attack Azad Kashmir at 25 points (Happymon, Line on Fire: Ceasefire Violations and India-Pakistan Escalation Dynamics). India wants to revive mukti bahini experience in Balochistan, Sindh and Khybr Pakhtunkhwa. Hindustan Times Feb 16, 2019 recounts `official line’ is that `the 1971 war was started by Pakistan on December 3 by attacking Indian airfields in Punjab. But now there is enough historical evidence to prove that this is not true’

India wants to isolate Pakistan, particularly from the USA. But, days before the attack, the USA in its travel advisory used the word Azad Kashmir for `Pakistan occupied Kashmir’. Pakistan’s leverage in Afghan peace is undeniable. India ratcheted the pressure on Pakistan by withdrawing the Most Favoured Nation (MFN) status, largely symbolic. In fact, it could also lead to increased illegal trade between the two countries.  The gesture is unlikely to affect bilateral trade, which is $2 billion by the usual route and another $6 billion via Dubai and Singapore. Pakistan is yet to give India MFN status and maintains a list of 1,200 items that are banned for import from India. The word `most’ in the term, MFN, is not used as a superlative degree of adjective.  It simply means reciprocal bilateral relationships following both GATT and WTO norms of reciprocity and non-discrimination. In such relationships a particular privilege granted by one party only extends to other parties who reciprocate that privilege.  In contradistinction, the non-discriminatory component of the GATT/WTO applies a reciprocally-negotiated privilege to all members of the GATT/WTO without respect to their status in negotiating the privilege. Readers may refer to Dictionary of Economic Terms or other sources. Most Favoured Nation status is given to an international trade partner to ensure non-discriminatory trade between all partner countries of the WTO.

A country which provides MFN status to another country has to provide concessions, privileges, and immunity in trade agreements. It is the first clause in the General Agreement on Tariffs and Trade (GATT). Therefore now, India will withdraw all such privileges accorded to Pakistan in the wake of the attack. According to the World Trade Organisation (WTO) guidelines, a member country is not allowed to discriminate between trade partners and if special status is granted to one trade partner, the country is required to extend it to all members of the WTO. It only ensures non-discrimination – which means treating virtually everyone equally.

India’s tough  talk of `surgical attacks’ is hollow as  Pakistan reportedly used US Raytheon TOW 2A anti-armour missiles , TOW-2 anti-tank guided missiles and  120 mm heavy mortars to target Indian army bunkers in the Rajouri and Poonch  sectors. If Indian army advances on international border, it will have to face Pakistan’s Nasr TNW missiles and Chinese Sh-15 Howitzer (TNW) Guns (American equivalent M-777).

The surge in Kashmir violence is due to political vacuum. More and more youth are being attracted to violence. Indian Express dated February 16, 2019 reported `Over the last three years, the total number of freedom fighters  killed, both local and foreign, climbed from 130 in 2016 to 200 in 2017 and 240 in 2018. Most of them were local youth. In the first 46 days of 2019, 31 militants have been killed in the Valley. In 2018, there were 99 operations in the Valley, with 28 civilian casualties. At least 57 of these operations took place in South Kashmir, and civilian deaths were reported in Shopian, Pulwama and Kulgam in South Kashmir, police officers said. They attributed the many operations to a sharp spike in the number of local recruits to militant ranks since mid-2015, after a relative drop in militancy-related incidents between 2008 and 2013’.

Let India stop blaming Pakistan and look to ground reality. Reminisce what historian Pundit Kalhana, in his twelfth century magnum opus Raja Tarangni (River of Kings). Says `Such is Kashmir, the country which may be conquered by the forces of spiritual love but not by armed forces’ (Ganguly Rajat, India Pakistan and the Kashmir Dispute, Asian Studies Institute and Centre for Strategic Studies, Victoria University of Wellington, Australia).

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