Content:
- Dispelling concerns
- Clean voter lists or the choice of Aadhaar linkage
- India’s aviation arbitration cases will still fly off overseas
Dispelling concerns
Context: PM Modi’s April 2025 visit to Sri Lanka marks a strategic reset in India–Sri Lanka ties amid past ideological concerns under the new JVP-led government.
Relevance : GS 2(International Relations)
Practice Question : India’s recent diplomatic engagement with Sri Lanka marks a significant step towards enhancing bilateral cooperation in areas of defence, regional stability, and people-centric challenges. Discuss the significance of such visits in strengthening India–Sri Lanka relations.(250 Words)
- First Visit since 2019: PM Modi’s visit from April 4–6, 2025, is his first to Sri Lanka in six years, signaling a renewed strategic engagement.
- Posture Shift under JVP: Despite the Janatha Vimukthi Peramuna’s historic anti-India rhetoric, the current NPP-led government under President Anura Kumara Dissanayake is keen to strengthen ties with India.
Political Context in Sri Lanka:
- Change in Regime: JVP-led NPP’s rise to power through dual victories (presidential and parliamentary) raised fears of strained ties due to ideological baggage.
- New Realism in Foreign Policy: Despite past positions, the NPP has adopted a pragmatic stance toward India, focusing on regional cooperation and mutual interests.
Defence Cooperation:
- Historic MoU Signed: A landmark Memorandum of Understanding on defence cooperation — a first in bilateral history — was signed during the visit.
- Security Interdependence: Modi emphasized that both nations’ security is “interconnected and co-dependent”, laying the foundation for strategic cooperation.
- Legacy Concerns Persist: India’s concerns persist due to past instances, such as:
- The 1987 understanding regarding Trincomalee port use has not allayed suspicions.
- China’s increasing presence in Sri Lanka (e.g., Hambantota port lease) still fuels anxieties in New Delhi.
Fishermen Issue – A Thorny Bilateral Challenge:
- Persistent Problem: The conflict in the Palk Bay over fishing rights continues to affect India–Sri Lanka ties, particularly impacting Tamil Nadu.
- Recent Positive Development:
- Fisherfolk from both sides recently met informally.
- PM Modi’s visit brought renewed focus on institutionalizing dialogue.
- Call for a Structured Mechanism: The article stresses the need for official, regular interactions between fishing communities and both governments.
- Flexible Approach Needed: Long-term solutions require flexibility and mutual recognition of livelihood concerns.
Tamil Political Settlement:
- Revival of the Indo-Lanka Accord (1987): Tamil parties reaffirmed the relevance of the Accord, seeking India’s “legitimate involvement” in facilitating devolution.
- Devolution & Provincial Councils: The Accord paved the way for provincial councils — a step toward decentralization — but was never fully supported or implemented.
- India’s Role:
- Should act as a neutral mediator and facilitator.
- Could offer economic assistance to Northern and Eastern provinces (post-conflict zones) to aid reconciliation and development.
Strategic Implications for India:
- Countering Chinese Influence: Defence cooperation and deeper engagement help check China’s strategic presence in the Indian Ocean region.
- People-Centric Diplomacy: India’s outreach via fisheries issue and Tamil political concerns reflects soft power engagement.
- Energy Security and Maritime Cooperation: Strengthened ties could also help India in securing energy routes and greater maritime collaboration.
Conclusion: Signals of Maturity & Trust-Building
- Modi’s visit dispelled doubts about the NPP’s foreign policy orientation.
- The visit opens avenues for deeper strategic, economic, and people-to-people cooperation — provided both sides follow up with consistent and transparent engagement.
Clean voter lists or the choice of Aadhaar linkage
The Election Commission’s attempt to link Aadhaar with Voter ID aims to clean electoral rolls by eliminating duplicates, but it raises constitutional concerns due to Aadhaar’s non-mandatory legal status. This reflects a deeper confusion between functional IDs and unique identity in governance systems.
Relevance :GS 2(Governance ,Electoral Reforms)
Practice Question :Discuss the implications of linking Aadhaar with Voter ID in the context of electoral integrity and individual rights. How can the Election Commission balance democratic sanctity with constitutional safeguards?(250 Words)
Conceptual Clarification: ID vs Unique ID
- ID: Functional, role-specific identity (e.g., driving license, Voter ID) — establishes eligibility for a specific task.
- Unique ID: Establishes personhood, irrespective of function (e.g., Aadhaar) — certifies that you are who you claim to be.
- Problem: Indian governance confuses the two, leading to flawed systems and poor outcomes.
- Case in point: ECI treating Voter ID (EPIC) as both a functional ID and a Unique ID without technological safeguards.
The Maharashtra Election Case: A Turning Point
- November 2024 Assembly Election in Maharashtra saw 40 lakh new voters added in 5 months — more than the 32 lakh added in the previous 5 years.
Historical Inconsistencies
- In 2008, ECI claimed every Voter ID is “unique” — reality shows otherwise.
- Evidence from West Bengal: Same Voter ID numbers in multiple constituencies; one person, multiple IDs.
- Conclusion: Voter ID neither uniquely identifies a person nor is it unique to each voter — previous claims by ECI are demonstrably false.
The Proposed Fix: Aadhaar-Voter ID Linking
- ECI aims to solve voter list duplication by linking Voter ID with Aadhaar (which uses biometric verification).
- Aadhaar ensures biometric uniqueness — can prevent one person from holding multiple Voter IDs.
- Catch:
- Partial Aadhaar linkage is ineffective — needs 100% linkage to ensure de-duplication.
- Legal hurdle: Aadhaar is not mandatory by law — violates voluntary nature if made de facto compulsory for voting.
- This leads to a legal-ethical conundrum: Clean voter lists require something (Aadhaar) that can’t be made mandatory.
Utilitarian vs Legalistic Dilemma
- Invokes B.R. Ambedkar’s utilitarian philosophy — the greater good (clean, sanctified voter lists) justifies Aadhaar linkage.
- Ambedkar’s caution in the Constituent Assembly: “Sanctity of voter lists is the foundation of Indian democracy”.
- Balancing act: Between constitutional liberty (voluntary Aadhaar) and democratic integrity (de-duplicated electoral rolls).
Operational & Ethical Challenges
- Ink-based fraud: Indelible ink can be removed using chemicals — enables repeat voting.
- Aadhaar linkage could potentially stop such practices by allowing biometric authentication at voting booths.
- However, no system should disenfranchise even a single eligible citizen.
- Thus, ECI must provide an under-oath guarantee that Aadhaar linking will not lead to voter disenfranchisement — unlike its misleading 2008 assurances.
Conclusion: The real issue is not about Aadhaar vs privacy, but about how poor governance and definitional confusion threaten electoral sanctity.
India’s aviation arbitration cases will still fly off overseas
Background: Colonial Legacy and Legal Inertia
- Aircraft Act, 1934 was colonial in nature—aimed at control, not sectoral growth.
- It was military and administrative in focus, not commercial.
- The law failed to keep up with:
- Technological advancement
- Soaring passenger numbers
- Private sector growth
Relevance :GS 2(Governance ) , GS 3(Economy ,Infrastructure)
Practice Question : Despite introducing the Bharatiya Vayuyan Adhiniyam, 2024, India continues to lag behind in retaining international aviation arbitration cases. Critically examine the gaps in India’s arbitration framework and suggest reforms needed to make India a global hub for aviation dispute resolution.(250 Words)
- This led to:
- Bureaucratic red tape
- Delayed market entry
- Inefficiencies in air traffic management
- Inadequate passenger rights
Bharatiya Vayuyan Adhiniyam, 2024: A Modern Overhaul
- Replaces the outdated 1934 Act, signifying a post-colonial legal reset.
- Key reforms include:
- Streamlined licensing
- Efficient air traffic control
- Passenger compensation for delays/cancellations
- Represents a progressive step for domestic aviation regulation.
Arbitration: The Missing Reform
- Despite sectoral reforms, the dispute resolution mechanism remains outdated.
- Arbitration and Conciliation Act, 1996 still governs commercial arbitration, lacking:
- Sector-specific provisions for aviation
- Capacity to handle technical and international aviation disputes
- As a result, disputes are still routed to global hubs like:
- Singapore
- London
- Paris
India’s Global Arbitration Lag
- Indian arbitration centres:
- Delhi International Arbitration Centre (DIAC)
- Mumbai Centre for International Arbitration (MCIA)
- Have limited recognition and impact.
- 90% of Indian-related corporate arbitration cases are handled in Singapore, indicating:
- Lack of global trust
- Inadequate institutional support
- Absence of specialised legal expertise in aviation law
Consequences of Arbitration Exodus
- Economic Losses:
- Indian law firms, arbitrators, and legal institutions lose revenue.
- Perception Issues:
- Signals to foreign investors that India lacks credibility in dispute resolution.
- Investment Deterrent:
- Affects confidence of global aviation businesses in choosing India as a base.
Urgent Need for Specialised Aviation Arbitration Framework
- India must:
- Establish dedicated arbitration institutions for aviation.
- Develop panels with:
- Experts in aviation law
- Technological know-how
- Understanding of international treaties
- Merely having a general arbitration framework is not sufficient.
Role of Institutions & Legal Education
- Law schools should:
- Offer specialised courses in aviation arbitration.
- Foster research and scholarship in aviation dispute resolution.
- Encourage collaboration between legal and aviation professionals.
Learning from Global Best Practices
- Singapore and UK are successful because of:
- Neutral arbitrator appointments
- Minimal state interference
- Predictable legal environment
- India must:
- Ensure neutrality and transparency
- Curb judicial/executive overreach
- Align with global arbitration norms
Way Forward: Holistic Aviation Reform
- Arbitration reform is essential to complement the Bharatiya Vayuyan Adhiniyam.
- Key focus areas:
- Neutrality in arbitrator appointment
- Sectoral specialisation
- Independent and efficient arbitration institutions
- Global credibility and enforcement
- Without these, aviation disputes and foreign investments will continue to fly away.
Conclusion
- Bharatiya Vayuyan Adhiniyam, 2024 is a significant step for domestic aviation.
- But it remains incomplete without matching reforms in arbitration.
- India must act now to build a world-class aviation arbitration ecosystem to reclaim lost legal and economic ground.
