What to Read in Indian Express Editorial( Topic and Syllabus wise)

Editorial 1: India’s China Challenge

Context:

Recently PM Modi visited China for the SCO summit, where he is likely to meet his Chinese counterpart for a bilateral summit. This comes against the backdrop of US imposing 50% tariffs on the Indian exports to US.

Reasons for increasing closeness with China:

• India has been reluctant of cheap Chinese import may flood the Indian market and Indian industries may face the reduced demand for their product. Because of this reason India has pulled out of China-led Regional Comprehensive Economic Partnership (RCEP)with 15 Asia-Pacific region, namely ASEAN countries, Japan, Australia etc.
• After the Galwan clashes, government had banned several Chinese app and Foreign Direct Investment from China.
• These tariff imposed by US has made India look for alternative trade relationship. It has pushed India closer to China.
• However, this is fraught with many challenges, mainly regarding closer trade relations with China.

India’s trade deficit with China:

• India has favorable trade surplus of about $40 billion with US. This make it vulnerable to US pressures as it may be used to coerce India to open its market for American products.
• India has trade deficit of $100 billion with China. Chinese imports continue to increase since2014, despite the political narrative of banning trade with China.
• China’s share in global merchandise exports stood at more than 14% according to WTO. This is very high compared to the share of US and China, which stood at 8% and 2% respectively.
• In fact, Chinese share of global merchandise trade is more than next 10 countries combined together.
• The gross value added, which is a measure of sector’s economic growth,  for that manufacturing sector has grown at the annual average rate of 4%since 2019-20.This is less compared to that of agriculture which has grown by 4.7%.
• Currently, when China has high manufacturing prowess and capacity, India is struggling with its stagnant manufacturing sector.

Problem with increased closeness to China:

• After COVID, India has presented itself as an alternative to China for Industries who were looking to de-risk from China by decreasing their over reliance on it. Aligning with china, may reduce the confidence of such companies as they may not see India as viable Chinese alternative for their investments.
• US may also force its allies to raise trade barriers against China. It may follow similar policy for India. Recently, Mexico has raised tariffs on imports from China. If New Delhi is seen closer to China, US and it allies may follow similar trade policy for India.
• These trade barriers will worsen the overcapacity problemof China. It is facing deflationary conditions in domestic market. There are both the reduced demand and supply in the domestic market.
• As a result of this overcapacity problem, India may face increased pressure to absorb its cheaper goods. These Cheaper Chinese goods may replace domestic products in the Indian markets, negatively affecting its domestic manufacturing capacity.
• India is a private-sector led market economyhaving transparent rules and vibrant democracy. China is a communist country, with no clear rules and trade restrictions for private sector.  Thus, they are not the natural allies as they have less shared values.
• China is an all-weather ally of Pakistan. The challenge of Pakistan’s state sponsored terrorismmay hinder in building a credible and stable close relationship with China.

Way Forward:

Whether its trade tariffs imposed by US, or fear of Chinese imports flooding the domestic market, India has always been reluctant to open up for free global trade. This is due to deep structural weakness that plagues its domestic manufacturing capacity. So, it must focus on increasing its manufacturing prowess. At the same time, it must proceed with caution when it deals with China.

 

Editorial 2: Trump targets ‘cashless bail’: How bail works in the US and India.

Context:

US president has signed an order which reduces the federal funding for those jurisdictions which allow cashless bails. The reason cited for this executive order is the rise in crimes and the rapid release of dangerous criminals. Also, it stated that authorities end up arresting the same individual multiple times.

Cashless Bail system in US:

• The major concern while granting bails is that accused may evade trial or interfere with the ongoijng probe by destroying evidence or influencing witness.
• Due to these concerns, courts set the conditions while granting the bail. One such condition is the surety that the accused do not abscond during the trial. As a result of getting this surety, courts demand the cash deposits. Failure to give these deposits force the accused to remain in jail till trial gets over.
• Cashless bails are demanded due to the reason that failure to meet the requirement of these deposits keeps the innocent under trials behind bars even for petty crimes.
• Cashless bail concept originated after the case of Kaleif Browder. He was a Black teenager, who spent about 3 years in jail on the charges of stealing a backpack after being unable to pay $3000 for bail. He died by suicide in 2015. Eventually, the case against him was dropped

Bail System in India:

• Bail system is provided in chapter 35 of the Bhartiya Nyay Sanhita, 2023 which replaced the Code of Criminal Procedure, 1973.
• Accused need to sign a bond which contains the terms of the bail. This assures the court that they will be present to face the trial.
• They also need to submit a cash deposit which can be fortified if bail terms are violated. This amount depends on the nature of crime and the economic condition of accused. It is refundable at the end of the trial.
• For accused that may not have cash to deposit in the court, they may be released on a personal recognizance bond (PR bond).It needs them to furnish the cash within stipulated time.
• There is also the provision of bail bond, whereby another person provides a surety and submits the required amount to assure the court that accused will abide by the bail conditions.
• These bail bonds may be signed by friends, family or employers. The person signing such bond may also be required to show that they have financial asset or a permanent place of residence which can be used as a security.

Reforms in Bail system:

• Many under trials are currently in jail despite getting the bails from the courts as they may not have required amount to submit to the courts. In some cases this amount is as low as Rs.5000.
• Law Commission’s 268^threport released in 2017 states that granting or refusing bails on monetary surety is against the constitutional right to fair trial. It leads to classification and discrimination on monetary basis.
• In 2023 judgment, SC held that if accused remains in jail even after granted bail for a period extending one week, the jail superintendent needs to inform District Legal Services Authority (DLSA). It will arrange for a lawyer which will assist the release of such prisoner.
• PR bonds pleas are often rejected.

Way Forward:

According to NALSA, more than 5000 under trials were languishing in jail despite grant of bail. This leads to overburdening of jails and monetary pressure on State. Jails have become a place of punishment rather than being a place of reform. Bail should be treated as rule, not as exception. Court must balance between the person’s liberty and his availability for trials while granting bail.