Asean
Avoiding policy paralysis in India
Author: Vikas Kumar, Azim Premji University
India’s ruling Indian National Congress party is facing stiff opposition on a variety of issues from, among others, its own coalition partners. Some of the proposed policies require constitutional amendments.
This is an important factor contributing to the prevailing policy paralysis in the national government. Since the Congress is unlikely to significantly improve its tally and the opposition Bharatiya Janata Party is unlikely to obtain a simple majority on its own in the next general election, the next national government can only achieve a larger majority if it forges a larger coalition. But can a larger coalition push through contentious policies that may require constitutional amendments? In answering this question, an assessment of the ease of amending the Constitution of India is in order.
The procedure for constitutional amendment is laid down in Article 368 of the Constitution, and a number of other Articles limit the applicability of Article 368 in certain classes of amendments. The Supreme Court of India in Kesavananda Bharati v State of Kerala in 1973 imposed constraints on the parliament’s capacity to amend the basic structure of the Constitution. The Supreme Court subsequently reiterated its stance in Minerva Mills Ltd v Union of India in 1980.
As of 25 January 2013, the Constitution has been amended 98 times since its adoption on 26 November 1949. Excluding the first amendment, which addressed immediate operational difficulties, and the various amendments related to the State of Emergency (1975-1977) declared by the Indira Gandhi Government, the number of amendments drops to 93. The frequency and likelihood in which amendments have been passed varies throughout India’s independent history. While six amendments were adopted in 2003, there were no amendments in 18 out of 63 years since 1950, including between 1995 and 2000 when six different governments ruled the country.
The majority of amendments — 76 out of 93 — deal with issues like the creation of new states and the enactment of special provisions for certain regions within states, the conferral of constitutional recognition of certain languages, changes in the English spelling of recognised languages, the delimitation of electoral constituencies, extending the scope and lifespan of affirmative action policies, extension of President’s Rule in an insurgency-affected state, administrative and parliamentary procedures and oaths, and taxation and rent control. Adding 10 amendments that qualify property rights to this list, then it seems that more than 90 per cent of the amendments do not affect the basic structure of the Constitution. The remaining seven amendments include ones that limit fundamental rights but also those that enshrine India’s right to education, abolish the vestiges of princely states, and institutionalise the third tier of government.
While the sheer number of successful amendments does not necessarily suggest that the Constitution is by all means flexible, the barrier to progressive constitutional amendments is not a legal one — the real hurdle is political.
Two facts emerge from an analysis of both successful (1950-2013) and failed (1950-2004) constitutional amendments. First, while the rate of amendment has been higher in the post-Kesavananda period, amendment bills are less likely to receive the parliament’s approval. Second, compared to single-party governments, amendment bills introduced by coalition governments are more likely to fail — coalition governments are less likely to successfully amend the Constitution.
Part of the reason for this failure could be that coalition governments are relatively short-lived or, at least, suffer from greater uncertainty due to a weaker majority. Constitutional amendments, on the other hand, require governments to follow through in a lengthy process and be supported by a supermajority. Moreover, the majority that coalition governments enjoy often depends on post-election coalitions consisting of regional and caste-based parties, which are often in conflict with other coalition partners competing for the same vote base or with the leading party of the coalition itself. In other words, a larger post-election coalition cannot automatically cure the central government’s legislative weaknesses. This is particularly true of amendments that require ratification by states because a number of states are ruled by opposition parties.
In order to avoid policy paralysis arising from constitutional constraints, national parties will need to forge pre-election coalitions, which consist of regional partners with more or less exclusive support bases, and agree on a common manifesto ahead of the next general election. The leader of the next coalition government also needs a proactive strategy to engage with states ruled by the opposition, as well as states ruled by smaller coalition partners. This will lead to a more effective parliament and ensure the integrity of Indian federalism.
Vikas Kumar is Assistant Professor of Economics at Azim Premji University, Bangalore.
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Avoiding policy paralysis in India
Asean
Deadly Floods and Landslides Strike Indonesia and Thailand – Vietnam Plus
At least seven people were killed, two others were injured and some were likely to be missing after flash floods and landslides hit the Indonesian eastern province of Maluku on the morning of August 25, according to the locality’s disaster management and mitigation office.
Heavy rainfall, which began on August 24, has triggered the disasters in Ternate city. Many local residents are in urgent need of support, authorities said.
Soldiers, police, local search and rescue personnel, disaster management staff, and volunteers are all involved in the ongoing rescue efforts, which include evacuating those trapped by the landslides and recovering materials from homes swept away by the floods.
Meanwhile in Thailand, local authorities reported that the death toll from a landslide in the popular resort province of Phuket on August 23 has risen to 13, including a Russian couple.
Source : Floods, landslides kill many in Indonesia, Thailand – Vietnam Plus
Asean
Tug of War in Southeast Asia: Can ASEAN-China Dialogue Shift the Scales Toward Peace? – An Analysis
The ASEAN-China dialogue is vital for regional stability, addressing economic cooperation and security challenges, particularly in the South China Sea, amidst significant geopolitical complexities and ongoing territorial disputes.
ASEAN-China Dialogue: A Path Towards Cooperation
The ASEAN-China dialogue plays a pivotal role in Southeast Asia’s diplomacy, fostering economic collaboration while addressing security challenges. Despite advances, particularly in managing tensions in the South China Sea, significant barriers remain to achieving lasting peace and stability in the region. ASEAN’s capacity to maintain its unity and centrality is crucial amidst complex power dynamics involving China and other global players.
Navigating Tensions and Economic Relations
A pressing concern within this dialogue is the South China Sea territorial disputes, which involve multiple ASEAN states and China. The militarization of the area raises alarm among regional stakeholders, necessitating urgent negotiations for a Code of Conduct (COC) to manage conflicts. Additionally, the growing economic interdependence fostered by initiatives like the Regional Comprehensive Economic Partnership (RCEP) strengthens ASEAN-China ties, yet it also raises concerns about potential political leverage influencing member states’ autonomy.
The Challenge of Regional Stability
While the ASEAN-China dialogue offers a framework for promoting peace, its effectiveness is conditioned by broader geopolitical contexts, including China’s rivalry with the United States. The success of this dialogue rests on sustaining a commitment to multilateralism and peaceful dispute resolution. As ASEAN adapts to these complex dynamics, it must reinforce its unity and cooperative strategies, ensuring the region’s stability amid evolving challenges.
Source : Tug Of War In Southeast Asia: Will ASEAN-China Dialogue Tip The Balance Towards Peace? – Analysis
Asean
Cambodia Invites Business Leaders to Join the 21st China-ASEAN Expo in Nanning
Cambodia invites businesspeople to the 21st China-ASEAN Expo in Nanning, promoting trade and investment with incentives like hotel coupons and networking opportunities in various sectors.
Cambodia Invites Participation in CAEXPO 2024
Cambodia is actively encouraging business leaders, investors, and service providers to participate in the upcoming 21st China-ASEAN Expo (CAEXPO), set to take place from September 24-28 in Nanning, China. According to a Ministry of Commerce announcement, CAEXPO serves as a vital platform for trade and investment collaborations between ASEAN nations and China.
To facilitate Cambodian participation, the Ministry invites interested individuals to apply as Trade Visitors by August 31, 2024. Participants will benefit from hotel coupons, dining vouchers, and shuttle services to the expo venue. Furthermore, attendees can engage in business matchmaking in sectors such as food processing, digital technology, and renewable energy products.
Kin Phea, from the Royal Academy of Cambodia, emphasized the advancements in China-ASEAN relations, particularly concerning economic cooperation, tourism, and cultural exchanges. He noted that both sides have become each other’s largest trading partners, enhancing collaboration through the Belt and Road initiative, focusing on infrastructure and sustainable development.
Source : Cambodia encourages businesspeople to partake in 21st China-ASEAN Expo in Nanning