DPSSMUN 2017 LOK SABHA AGENDA A: VIABILITY OF ARTICLE 370 AGENDA B: FOREIGN POLICY AND RELATIONS WITH NEIGHBOURING COUNTRIES

Transcription

1 DPSSMUN 2017 LOK SABHA AGENDA A: VIABILITY OF ARTICLE 370 AGENDA B: FOREIGN POLICY AND RELATIONS WITH NEIGHBOURING COUNTRIES

2 Letter from Chair Saare Sansado ko mera pranam! Dear Delegates, FROM THE EXEXCUTIVE DESK A very warm welcome to simulation of Lok Sabha for 8 th edition of DPSSMUN. I am Vedansh Agarwal, Commerce with Mathematics student of class XI D. I like Public Speaking, Debating and Deliberating on issues of national and international concern. I like being aware about current happenings. I prefer playing cricket in my free time. I love to socialize and widen my social circle gradually. I am particularly keen on Indian Politics. I play keyboard occasionally out of personal hobby. DPSSMUN is the most awaited event for me. Hope you do well. We have chosen one of the most talked about agenda in the recent past. Views on Article 370 and foreign policies with neighboring countries took an active place in Headlines and Arnub s Debate. MPs are required to lay a special emphasis on current problems with Pakistan and China. They should also know the history of article 370 and political scenario of Kashmir. It is reminded to Delegates that the content they speak is equally as important as orating skills, confidence and leadership qualities. The committee is going to be bilingual. The following background guide is just for reference of the delegates and doesn t provide a comprehensive research. The delegates should refrain from quoting study guide in the session. So let the rumble begin. Please feel free to ask any queries at vedansh.agarwal2001@gmail.com Regards, Vedansh Agarwal (Speaker) 1

3 Letter from the Vice Chair Dear Delegates, I am Prasit Gandhi, a Science student of class XII A. I am personally inclined towards the Indian political happenings. I like to play football in my free time. I am keen towards reading, socializing and like to stay fit. I am particularly excited for DPSSMUN I hope you guys are well researched and actively participate in the committee sessions. India s foreign policies have always been a matter of heated debates. For years, India has adopted to passive policies in dealing with any of the country. In recent time, the government is adopting to aggressive measures in dealing with Pakistan while it is still trying to negotiate with China. The delegates will be expected to research on pros and cons of both the type of measures. I am really looking forward to this committee. I hope you all enthusiastically participate and make this committee vibrant. Please feel free to ask any doubts at prasitgandhi22@gmail.com Regards, Prasit Gandhi (Deputy Speaker) 2

4 HOW TO RESEARCH EFFECTIVELY 1) Research about Lok Sabha, its mandate and powers. 2) Know the basic profile about the MP / Minister allotted (DOB, marital status, education, party, constituency, etc.) 3) Understand the agenda properly 4) Focus more on understanding the agenda rather than having lot of hard copy research 5) Look for minister s stand or party s stand on the issue 6) Shape your research and points accordingly 7) Listen to the MP s speech ( if any ) 8) Prepare the opening statement of around 90 seconds. Try to make a very powerful Opening statement to create an impression on delegates and EB. 9) Prepare few speeches and make use of good quotes in them 3

5 MANDATE 1) Legislative Law-making is the main function of the Parliament and in this field the Lok Sabha plays an important role. All types of bills can originate in the Lok Sabha and if a bill is moved in and passed by the Rajya Sabha, it has to come to the Lok Sabha for its approval. 2) Financial Control Financial Control over purse makes one powerful. In financial matters, the Lok Sabha has a distinct superiority over the Rajya Sabha. The Money Bill can be introduced only in the Lok Sabha. It is up to the Lok Sabha to accept or reject the suggestions for change in the Money Bill made by the Rajya Sabha. 3) Executive Powers According to parliamentary form of government executive is responsible to the Parliament for its acts and policies. It is only the Lok Sabha which can force the Council of Ministers to resign by passing a vote of non-confidence against it. There are also other methods by which the Lok Sabha can exercise control over the central executive. These methods are putting questions, moving adjournment motions and call-attention motions, budget discussions, cut-motions and debates etc. 4) Constitutional The Lok Sabha shares with the Rajya Sabha the power to amend the constitution. 5) Electoral (a) The Lok Sabha takes part in the election of the President and the Vice- President. (b) It elects the Speaker and the Deputy Speaker. (c) Its members are elected to different committees of the Parliament. 6) Judicial (a) The Lok Sabha has power to punish a person on the ground of breach of privilege. (b) It takes part in the impeachment proceedings against the President of India. 4

6 (c) It shares power with the Rajya Sabha to remove the Judges of the Supreme Court and the Judges of High Courts. Article 245 of the constitution declares that parliament may make laws for the whole or any part of the territory of India. Article 75 of the constitution mentions that the council of ministers remains in office as long as it enjoys the confidence of Lok Sabha Art. 102 (2) and 104 of the Constitution defines the Unparliamentary behavior and all the actions under which a MP can be barred from the committee. Moreover, recommendations on a written code of conduct have been made by the Committee on Ethics and Privileges (for the recommendations made with respect to a declaration of interests, see Obligation to declare personal assets). INTRODUCTION TO LOK SABHA 5

7 The Lok Sabha (House of the People) is the Lower house of India's Parliament. Members of the Lok Sabha are elected by adult universal suffrage and they hold their seats for five years or until the body is dissolved by the President on the advice of the council of ministers. The maximum strength of the House envisaged by the Constitution of India is 552, which is made up by election of up to 530 members to represent the states; up to 20 members to represent the Union Territories and not more than two members of the Anglo-Indian Community to be nominated by the President of India. The Lok Sabha performs a number of useful functions. All the actions, words and events happening in Lok Sabha are officially aired through LS TV. 6

8 AGENDA A: VIABILITY OF ARTICLE 370 INTRODUCTION Article 370 of the Indian constitution is an article that grants special autonomous status to the state of Jammu and Kashmir. The article is drafted in Part XXI of the Constitution: Temporary, Transitional and Special Provisions. Article 370 embodied six special provisions for Jammu and Kashmir: 1. It exempted the State from the complete applicability of the Constitution of India. The State was allowed to have its own Constitution. 2. Central legislative powers over the State were limited, at the time of framing, to the three subjects of defense, foreign affairs and communications. 3. Other constitutional powers of the Central Government could be extended to the State only with the concurrence of the State Government. 4. The 'concurrence' was only provisional. It had to be ratified by the State's Constituent Assembly. 5. The State Government's authority to give 'concurrence' lasted only until the State Constituent Assembly was convened. Once the State Constituent Assembly finalized the scheme of powers and dispersed, no further extension of powers was possible. 6. The Article 370 could be abrogated or amended only upon the recommendation of the State's Constituent Assembly. PURPOSE AND HISTORY Hari Singh had ascended the throne of Kashmir in 1925 and was the reigning monarch at the conclusion of British rule in the subcontinent in One of the conditions of the partition of India imposed by Britain was that the rulers of princely states would have the right to opt for either Pakistan or India or remain independent. In 1947, Kashmir's population was predominantly Muslim and it shared a boundary with both Dominion of Pakistan and Union of India. On 20 October 1947, tribesmen backed by Pakistan invaded Kashmir. The Maharaja initially fought back but appealed for assistance to the Governor- General Louis Mountbatten, who agreed on the condition that the ruler accede to India. On 25 October 1947 Maharaja Hari Singh signed the Instrument of Accession on 26 October 1947 and the Governor General of India accepted it on 27 October Once the Instrument of Accession was signed, Indian soldiers entered Kashmir with orders to evict the raiders, but they were not able to expel everyone from the state by the time the harsh winter started. India took the matter to the United Nations. The UN resolution asked both India and Pakistan to vacate the ar- 7

9 eas they had occupied and hold a referendum under UN observation. The holding of this plebiscite, which India initially supported, was dismissed by India because the 1952 elected Constituent Assembly of Jammu and Kashmir voted in favor of confirming the Kashmir region's accession to India. Another reason for the abandonment of the referendum is because demographic changes after 1947 have been effected in Pakistan-administered Kashmir, as generations of Pakistani individuals non-native to the region have been allowed to take residence in Pakistanadministered Kashmir, in Jammu & Kashmir state of India, the demographics of the Kashmir Valley have been altered after separatist militants coerced 250,000 Kashmiri Hindus to leave the region. Moreover, Pakistan failed to withdraw its troops from the Kashmir region as was required under the same U.N. resolution of 13 August 1948 which discussed the plebiscite. The eastern region of the erstwhile princely state of Kashmir has also been beset with a boundary dispute. In the late 19th- and early 20th centuries, although some boundary agreements were signed between Great Britain, Tibet, Afghanistan and Russia over the northern borders of Kashmir, China never accepted these agreements, and the official Chinese position did not change with the communist revolution in By the mid-1950s the Chinese army had entered the northeast portion of Ladakh. For intermittent periods between 1957, when the state approved its own Constitution, and the death of Sheikh Abdullah in 1982, the state had alternating spells of stability and discontent. In the late 1980s, however, simmering discontent over the high-handed policies of the Union Government and allegations of the rigging of the 1987 assembly elections triggered a violent uprising, which was backed by Pakistan. THE TEXT OF ARTICLE 370 OF THE CONSTITUTION OF INDIA. 1. Notwithstanding anything in this Constitution: the provisions of article 238(now repealed) shall not apply in relation to the State of Jammu and Kashmir, a. The power of Parliament to make laws for the said State shall be limited to; i. Those matters in the Union List and the Concurrent List which, in consultation with the Government of the State, are declared by the President to correspond to matters specified in the Instrument of Accession governing the accession of the State to 8

10 the Dominion of India as the matters with respect to which the Dominion Legislature may make laws for that State; and ii. Such other matters in the said Lists, as, with the concurrence of the Government of the State, the President may by order specify. b. Explanation For the purpose of this article, the Government of the State means the person for the time being recognized by the President as the Maharajah of Jammu and Kashmir acting on the advice of the Council of Ministers for the time being in office under the Maharaja s Proclamation dated the fifth day of March, 1948; c. The provisions of article 1 and of this article shall apply in relation to this State; d. Such of the other provisions of this Constitution shall apply in relation to that State subject to such exceptions and modifications as the President may by order specify i. Provided that no such order which relates to the matters specified in the Instrument of Accession of the State referred to in paragraph (i.) of sub-clause (a) shall be issued except in consultation with the Government of the State: (ii.) Provided further that no such order which relates to matters other than those referred to in the last preceding proviso shall be issued except with the concurrence of the Government. 2. If the concurrence of the Government of the State referred to in paragraph (ii.) Of sub-clause (a) of clause (1) Or in second proviso to sub-clause (d) Of that clause be given before the Constituent Assembly for the purpose of framing the Constitution of the State is convened, it shall be placed before such Assembly for such decision as it may take thereon. 3. Notwithstanding anything in the foregoing provisions of the article, the President may, by public notification, declare that this article shall cease to be operative or shall be operative only with such exceptions and modifications and from such date as he may notify: 9

11 Provided that the recommendation of the Constituent Assembly of the State referred to in clause (2) shall be necessary before the President issues such a notification. 4. In exercise of the powers conferred by this article the President, on the recommendation of the Constituent Assembly of the State of Jammu and Kashmir, declared that, as from the 17th day of November, 1952, the said art. 370 shall be operative with the modification that for the explanation incl. In exercise of the powers conferred by this article the President, on the recommendation of the Constituent Assembly of the State of Jammu and Kashmir, declared that, as from the 17th day of November, 1952, the said art. 370 shall be operative with the modification that for the explanation in cl.(1) thereof the following Explanation is substituted namely: Explanation For the purpose of this Article, the Government of the State means the person for the time being recognized by the President on the recommendation of the Legislative Assembly of the State as the Sadar-I- Riyasat of Jammu and Kashmir, acting on the advice of Council of Ministers of the State for the time being in office. POINTS IN FAVOUR AND AGAINST Equally valid arguments are forwarded by those in favour of and those against its abrogation. Those in favor argue that it has created certain psychological barriers. They say that it is the root cause of all the problems in J&K. The further believe that it is this Article 370 which encourages secessionist activities within J&K and other parts of the country. They say, at the time of enactment, it was a temporary arrangement which was supposed to erode gradually. They also argue that it acts as a constant reminder to the Muslims of J&K that they have still to merge with the country. Those against its abrogation forward the following arguments. They contend that that Abrogation will have serious consequences. It will encourage Secessionists to demand plebiscite which will lead to internationalization of the issue of J&K. They further argue that the contention of Article giving rise to secessionist activities is baseless as states like Assam and Punjab, which don t have any special status have experienced such problems. It would not only constitute a violation of the solemn undertaking given by India through the instrument of accession, but would also give unnecessary misgivings in the minds of the people of J&K, making the issue more sensitive. 10

12 PLEBICITE Plebiscite, a vote by the people of an entire country or district to decide on some issue, such as choice of a ruler or government, option for independence or annexation by another power, or a question of national policy. The government of India for years have tried its level best to avoid the Plebiscite out of fear that the results will be in favor of Pakistan. Refer to the highlighted parts in the draft of UN resolution which show that - The UN resolution of 1948 applies to the full State of Jammu & Kashmir. Which includes Gilgit-Baltistan, AZK, Shaksgam Valley, Jammu, Ladakh and Kashmir valley not just Kashmir (in red area) For UN plebiscite to be conducted, the first condition is that Government of Pakistan should withdraw it s forces and non-residents from the area When the above has been established, then Government of India needs to reduce forces to the minimum strength, as required to maintain law & order The first step to be taken by Pakistan has never been done, due to obvious reasons. 11

13 QUESTIONS TO THE MEMBERS OF PARLIAMENT 1. Is the abrogation of Article 370 a valid argument? 2. What are the amendments possible to Article 370? 3. What should India s stance be on Jammu and Kashmir and Pakistan s association with the state? 4. Can there be a special Minister for the State of Jammu and Kashmir? 5. What is the future course of action that must be taken in order to firm India s stance on Jammu and Kashmir? 6. How does the Indian Parliament plan on fulfilling the special demands of the people of Jammu and Kashmir? 7. Is there a possibility of a solution supported by all parties in the Lok Sabha? 12

14 AGENDA B: INDIA S FOREIGN POLICY AND RELA- TIONS WITH NEIGHBOURING COUNTRIES INTRODUCTION Foreign Policies refers to plan of action adopted by one nation in regards to its diplomatic dealings with other countries. Foreign policies are established as a systematic way to deal with issues that may arise with other countries. Foreign Relations or foreign affairs is the management of relationships and dealings between two countries. Any results of foreign policy dealings and decisions can be considered foreign relations. In a fast changing world, it is not possible to define exactly the foreign policy of a nation. Truly speaking foreign policy is a constant attempt to adjust and accommodate the changing conditions. Thus foreign policy is necessarily an ever changing and evolutionary process. INDIA S BASIC FOREIGN POLICY Before the 15th of August 1944, India had no foreign policy for it was under the domination of a foreign power, Indian politicians and public leaders in an unofficial way discussed the matter but the discussion was merely an intellectual exercise and had no impact on the policy of the country. With the achievement of independence, India has come in the grip of foreign affairs. India has to maintain diplomatic relations with other nations of the world and had to adopt a definite policy in the international sphere. In conformity with her traditions, culture and philosophy, India has evolved, thanks to the genius of Nehru, a code of international conduct which received a lot of praise and acceptance by a majority of nations at the first instance. This code was given the technical name of 'Panch-Sheel'. 1. Mutual respect for each other's territorial integrity and sovereignty, 2. Non-aggression, 3. Non-interference in each-other's internal affairs, 4. Equality and mutual benefit, and 5. Peaceful co-existence. 13

15 Firstly, India will oppose imperialism and racial discrimination. Secondly, India will pursue the path of peace and goodwill. Thirdly, India will remain neutral by means of non-alignment. INDIA AND PAKISTAN Seventy years since partition, and the independence of India and Pakistan, relations between the two nations remain turbulent. There have been four major conflicts and numerous skirmishes since 1947 and yet the territorial disputes between India and Pakistan remain unresolved, and bilateral relations are marked by mutual mistrust. It was upon Maharaja Hari Singh to join either India or Pakistan. Maharaja was a Hindu while most of his subjects were Muslim. And thus Hari decided to remain neutral. India having taken this issue to UN was confident of winning a plebiscite and thus a ceasefire agreement was held, with 65 percent of territory to be held with India and remaining with Pakistan. But Pakistan remained to violate to the ceasefire and continue to fire cross border. 14

16 INDIA AND CHINA China India relations, also called Sino-Indian relations or Indo-China relations, refers to the bilateral relationship between the People's Republic of China (PRC) and the Republic of India. The present relation between China and India has great uncertainty and ambiguity as both the countries have adopted different attitude of methodology and way of sorting the differences to emerge as regional powers mainly due to the mutual suspicion and distrust rather due to the inheritance of issues. The main problem between the two countries is the Border question, which is a historical one. The Border issue is rooted in the disputed status of the McMahon Line, which defines the border between India and Tibet. India recognizes this agreement as the basis for its territorial claim while China objected the validity of McMahon Line which was drawn in 1914 Simla convention because China believes that it was not a party to Simla Convention so it is not bound to accept the boundary demarcated by Simla convention. India claims 43,180 squares Kilometers of Jammu and Kashmir occupied by China including 5180 square kilometers cede to China by Pakistan under a 1963 China-Pakistan boundary Agreement. On the other hand China claims 90,000 square kilometers of territory held by India in Arunachal Pradesh. There has not been a remarkable progress in resolving the border dispute between the two sides due to the importance of Aksai Chin to China because it is the main link between Tibet and Xinjiang province of China and Arunachal Pradesh to India is crucial to stability in India s north-eastern insurgent affected areas. Doklang or Doklam is a region where the three countries namely India Bhutan and China meets. The burning issue in India and 2 Nations Bhutan and China started after the China deciding to build a road in the highly sensitive area of Dhoklam. And China also obstructed the pilgrims from India who are in the way to visit Manasarovar in the China. STRING OF PEARLS String of Pearls refers to a geopolitical theory to the network of Chinese intentions in India Ocean Region (IOR). Precisely, it refers to the network of Chinese military and commercial facilities developed by China in countries falling on the Indian Ocean. The Chinese presence in IOR might prove costly 15

17 for India at the time of conflict with China. China is keen to develop friendly relations with countries like Malaysia and Singapore which surround the Malacca Strait. Another main Chinese presence in close vicinity to Indian shores are at Coco Islands. Coco Islands are situated north of Andaman and Nicobar islands and strategically extremely important at the times of conflict. China once again has been pushing Bangladesh to allow a naval base near Chittagong. Recently, the Sri Lankan government had rejected Chinese request of allowing one of its nuclear submarine dockings at Hambantota. The Gwadar Port developed by China for the purpose of CPEC is just the tip of the iceberg as the political pundits believe that China will not only assist Pakistan Navy through Gwadar port but would also launch offensive using this port in the scenario of a Sino-Indian conflict. Here's how India has planned to counter China Apart from the Look East policy through which India has been trying to improve relations with China Southern-Eastern neighbours like Taiwan, South Korea, Philippines and Japan, India has been trying t improve its relationship with its neighbours so that they don t go and sit in the lap of China To counter Chinese influence in Myanmar, India has recently extended over USD 1.75 billion in grants and credit to Myanmar. India-Bangladesh is also likely to develop deep sea military infrastructure in Sonadia. In order to counter China s Gwadar move, India has made deal with Iran and now India is developing Chabahar Port in Iran which is even more crucial than Gwadar as it s located on the mouth of Hormuz strait from where oil trade from the oil fields in Saudi Arabia, Iran, Kuwait, Oman, Qatar and UAE takes place. India has also invested a lot diplomatically in countries like Turkmenistan, Uzbekistan, Kyrgyzstan, Kazakhstan and Mongolia - all surrounding China. Besides, India has good old friends in Japan, South Korea and Russia. SOLUTIONS 1) Military Attacks: The country or the government can take to aggressive measures like surgical strikes, violent operations, etc. to deal with state and 16

18 non -state parties hurting the sovereignty of India. They are a strong political statement but come with repercussions. 2) Negotiations: It is considered to be one of the most passive methods to enhance foreign relations. This promotes the idea of combating problems through peaceful, non-violent measures. But, they are usually slow and inefficient. 3) Trade: Bilateral trade agreements are integral to a country s relation with any other country. They not only bring in foreign exchange but also act as a medium to facilitate development of business and social relations with a country. The government can alter its trade policies which would act as a strong political statement. This also includes reforming policies on free trade and import duties. The foreign policies and relation is a relatively broad topic that includes a lot other aspects. We hope that the ruling side and the opposition side deliberates well upon them to reach a common ground. 17

19 QUESTIONS TO MEMBERS OF PARLIAMENT 1) What are the problems with Pakistan and China? 2) Should India take to aggressive or passive methods to combat the problem in hand? 3) Should India consider taking these matters to United Nations? 4) What are the pros and cons of each method of dealing with the issue in hand? 18

20 SAMPLE PRESS RELEASE Press Release In the August Session of the Lower of the Indian Parliament, on 26 th August, 2017 in the presence of the: [List of Name of all the MPs present]; The following has been discussed and following are the conclusions reached at: XYZ was discussed and deliberated upon ABC was formed by the unanimous agreement of all the present MPs The KPV will be discussed in the following sessions 19

21 REFERENCE / RELIABLE SOURCES (FOR STATISTI- CAL DATA) The Hindu The Guardian Al- Jazeera Official sites of Ministry 20