Editorial 1:The Manipur crisis, the issue of managing diversity

Context

The healing touch of constitutional accommodation is the only way out.

Introduction

Yet another round of escalation of violence in Manipur has reportedly led to the Chief Minister of the State making multiple demands that include greater control over security operations. This means that the Chief Minister has not been in charge for some time. Another jarring revelation, as in media reports, is even the supposed invocation of Article 355 of the Constitution, where the Union has a duty to protect States against external aggression and internal disturbance. The breakdown of the constitutional machinery in Manipur is an open secret. The alarming situation raises significant questions about the capacity of the Constitution to reconcile identitarian differences.

The basis for ‘special provisions’ 

• Diversity management is a unique feature of the Indian Constitution.
  •  In keeping with the unique problems of different States, not just erstwhile Jammu and Kashmir, several others such as Maharashtra, Gujarat, Nagaland, Assam, Manipur, Andhra Pradesh, Sikkim, Mizoram, Arunachal Pradesh and Karnataka were considered entitled to “special provisions”.
  • The circumstances warranting such “special” provisions have been either to allay concerns over ensuring equitable development or to provide safeguards to preserve cultural identities. Federalism is not a matter of choice but compulsion in a huge and diverse nation such as India. 
• Reconciliation of competing interests in north-eastern states: The Constitution has evolved to reconcile seemingly competing and even conflicting interests of identities in several north-eastern States.
  • A chief feature of such reconciliation within the constitutional scheme has been to institutionalise a scheme of power sharing and representation and guaranteed autonomy in governance.
  • The purpose of such reconciliatory measures is to ensure a sensitivity to the concerns of group identities and their respective socio-political backgrounds, and allow the Article 371F(f) presence of such identities to engender political stability rather than sow discord and fragment society.
  •  It may be of value to revisit examples of such constitutional pragmatism as the number of deaths and displaced people is increasing each day and any indifference to the fast deteriorating situation will not be in national interest. 

The accession of Sikkim and Article 371F

• The accession of Sikkim to India: in 1975 led to the inclusion of Article 371F.
• These “special provisions”: included Article 371F(f) which empower Parliament to protect “the rights and interests of different sections of the population”.
• Article 371F(g): also provided that the Governor would have the special responsibility for a scheme of “equitable arrangement for ensuring the social and economic advancement of different sections of the population of Sikkim….”
• The broad import of Article 371F: envisaged power sharing through representation and the preservation of cultural autonomy to achieve the goal of political stability.
• The Representation of Peoples Act 1951: was amended to reflect the scheme of Article 371F(f) and seats were earmarked for different communities in the Legislative Assembly.
• This arrangement came to be challenged along with the constitutionality of Article 371F(f) in R.C. Poudyal (1993) before the Supreme Court of India as the increased representation of the Bhutia-Lepcha community was alleged to be in the teeth of norms of proportionate reservation.
• In upholding the constitutionality of Article 371F(f): and the amendment to the Representation of Peoples Act 1951, the Court reasoned that the increased representation of the Bhutia-Lepcha community was an inheritance of the socio-political history of Sikkim, which necessitated the framing of Article 371F. 

What was the case of R.C. Poudyal (1993)?

• A broader discourse which the Court had concluded as part of a scheme of “accommodations and adjustments” to facilitate the co-existence of different tribal identities in Sikkim.
• The Court ruling: It held that “historical considerations and compulsions do justify inequality”.
• The proportionality of seats reserved: for the Bhutia-Lepcha community as justified to protect the identity of the community and a political process to ensure political stability.
• Explicit recognition of group identities: as the basis of power sharing and representation in governance. 

 

The case of Tripura and peace 

Tripura emerged as an example of peace brokered through the Constitution at the height of the insurgency movement.

• The Sixth Schedule of the Constitution: provides for the administration of tribal areas by devolving power to district and regional councils which are empowered to make laws on various areas such as education, social customs, alienation of land and usage of forests, and establishment of village and town committees.
• Application to Tripura:  However, the Sixth Schedule was not made applicable to Tripura until 1984.
  • By virtue of the 49th Constitutional Amendment, the provisions of the Sixth Schedule were made applicable to the tribal inhabited areas of Tripura.

The Tripura Accord and Legislative Autonomy

• Tripura Accord of 1988:  The legislative autonomy accorded by the Sixth Schedule devolved markedly greater powers to the district council to exercise discretion regarding the application of Union laws to Scheduled Areas.
  •  Thus, Tripura Accord signed in 1988 between the Union Government, the State government and the Tripura National Volunteers (TNV), a militant group which even sought secession.
• Sub-article (3B) in Article 332 (1992): The accord reserved a third of the seats in the State Assembly to the Scheduled Tribe population — beyond the proportion of their population in the total population. Consequently, sub-article (3B) in Article 332 was inserted in 1992. 

Legal Challenge and the Supreme Court’s Ruling

• Subrata Acharjee (2002). The disproportionate representation of the tribal population was challenged in the case.
  • The Supreme Court took into account the background of the accord which required violence to be abjured and efforts at securing stability in the region.
  • The Court ultimately rejected the contention seeking proportional reservation based on “arithmetical precision” and reiterated the scheme of “accommodations and adjustments”. 
  • Temporary Measure for Inclusive Governance: It concluded that Article 332(3B) was inserted to give “greater share” in governance, as per the terms of accord.
• Reservation Rulings: The Court ruled that the reservation scheme was not violative of the scheme in Article 332(3) and Article 170 as it was a temporary measure to ensure an inclusive scheme of governance in Scheduled Tribe-inhabited areas.
• Settling differences: The approval of the scheme of power sharing to reconcile differences through the Constitution was found to be in order despite it being a unique measure not in “symmetry” with the Constitution. 

Comparisons with Manipur and Assam

• Manipur under Article 371C:  as was the case with Tripura, the Sixth Schedule does not apply to the State of Manipur.
  • Manipur is governed by Article 371C which provides for the creation of a Hill Area Committee consisting of elected representatives from such areas.
  • The approval or concurrence of the Hill Area Committee regarding matters affecting the governance of such areas is not necessary.
• Recent Supreme Court Judgment on Assam: The latest judgment of the apex court on citizenship upholding different cut-off dates for Assam is another example of accommodation due to its geographical location.
  • The Court preferred promotion of fraternity. 

Words that Manipur needs to ponder over 

• Manipur Hill Areas Autonomous District Council Act, 2000: Unlike the Sixth Schedule, the establishment of a “District Council” in Manipur is governed under a separate statute, i.e., the Manipur Hill Areas Autonomous District Council Act, 2000.
• Incorporation of District Council: Under the statute, a “District Council” is required to be incorporated, and membership to the council is based on classification as a “Scheduled Tribe”.
• Absence of specific provisions: Strangely, unlike the veto power possessed by the Scheduled Tribes in States such as Nagaland, Sikkim, and Tripura, no specific provisions exist in the case of Manipur.
• Tensions in Manipur: In the background of tensions in Manipur, concerns over representation, allocation of resources, and perceived domination of any community have heightened anxieties and exacerbated social division.

Conclusion

The Constitution, as a living and transformative document, has repeatedly evolved its capacity to adapt to demanding circumstances. The words of the Court in R.C. Poudyal may shed some light on a brighter future in Manipur: “pluralist societies are the result of irreversible movements of history. They cannot be washed away. The political genius of a people should be able to evolve within the democratic system, adjustments and solutions”. It is only a reminder that ultimately, peace will have to be evolved through the Constitution without which any attempt to solve issues of diversity would remain illusory.

Editorial 2: The shifting sands within global supply chains

Context

Proposed U.S. rules on Chinese connected car tech and Israel’s pager attacks indicate the changing focus of global supply chains — from resilience to security.

Introduction

Global supply chains are at an inflection point. While the COVID-19 pandemic shifted the focus from efficiency (just in time) to resilience (just in case), two developments in September 2024 indicate that another shift is underway in how supply chains are envisioned and operationalised — this time towards security (just to be secure).

 

Moves by the U.S. and Israel’s pager attack 

• U.S. Proposed rules: On September 23, the United States Department of Commerce proposed rules which,
  •  if accepted “would prohibit the import or sale of certain connected vehicle systems designed, developed, manufactured, or supplied by entities with a sufficient nexus to the PRC or Russia”.
  • The proposed rules target both the software and hardware associated with vehicle connectivity systems as well as automated driving systems. While the 100% tariffs on Chinese EVs announced by the
• Comparison to previous measures: U.S. earlier this year stemmed from competition concerns aimed at reducing their sale in the domestic market, the newly proposed rules, which stem from national security concerns, would effectively ban their sale in the U.S. 
• 100% Tariffs on Chinese EVs: The U.S. case against Chinese connected car tech is that both hardware and software components in cars employing some form of external communication capabilities can be potentially misused.
  • Malicious intent: The idea is that cars with connected car tech are essentially mobile listening posts, and that malicious actors can use their cameras and sensors for espionage purposes.
  • The cars may even be disabled or hijacked — especially those level 3 and above on the Society of Automotive Engineers’ levels of driving automation.
  • For security hawks, handing over such control to a state with which you may be in a future conflict simply carries overwhelming risks. 
• Impact of the Israeli Supply Chain Attack: If there was any strand of thought moderating the hawkish focus on supply chain security, that evaporated as the world came to terms with the Israeli supply chain attack, on September 17-18, targeting pagers and walkie-talkies used by Hezbollah in Lebanon.
  • More than 30 people including children were killed while thousands were injured.
  • The fallout was felt far and wide leaving everyone wondering about the state of advanced technologies used or embedded in products across industries when even basic old-fashioned devices could be made to explode. 

Historical Context of Supply Chain Security Concerns

• Reigniting Debates: While the U.S. proposed rules and the Israeli pager attack have reignited and amplified the supply chain security debate, it arguably began a few years ago when the U.S., Australia, Japan and even India effectively banned Huawei and other Chinese telecom players from participating in the 5G rollout for security considerations.
• Chinese threat: The motivating fear was that China could install backdoors in the telecom infrastructure giving it the capability to surveil or sabotage the same.
• Percolating to other techs: Since then, supply chain security concerns have spread to other tech industries such as semiconductors. 

 

From efficiency to resilience to security 

• Evolution of Supply Chains: During the heydays of globalisation, especially from the 1980s till the 2010s,
  • supply chains were configured to ensure maximum efficiency; that is, weaving a complex supply chain for each product or service in a way that components were procured and assembled at various locations across the world based on cost and other considerations.
  • These “just in time” supply chains were to some extent immune from great power politics. China established itself as a central supply node in this arrangement.
• Shift in Supply Chain Focus: A combination of various factors in the late 2010s and early 2020s such as the U.S.-China rivalry and resultant technology decoupling and the COVID-19 pandemic shifted the focus away from “just in time” to “just in case”.
  • Recognition in the U.S., Europe, India and elsewhere that supply chains had become too dependent on Chinese exports. Supply chain resilience, as a result, became all the rage.
  • Security considerations around Chinese involvement in telecom infrastructure also led to another shift — from resilience to security.
  • This shift has only solidified in the wake of Israel’s supply chain attack. 

Way Forward

India and supply chain security 

• Overview of Supply Chain Security in India: India must ensure secure supply chains without resorting to extreme measures such as outright bans on imports of various tech products and services.
  • Fully subscribing to a “just in case” strategy focused solely on supply chain resilience is also insufficient.
• Proposed Two-Pronged Approach: What can work is a two-pronged approach involving both “just to be secure” and “just in case” strategies.
  • Trust but verify: Certain tech products and services (say those used in communications, transport or critical infrastructure broadly defined) can be subjected to trust but verify entailing methods such as periodic audits, on-site inspections, and establishment of a mechanism that ensures compliance with national and international security standards.
  • Zero Trust : But a more narrowly defined set of technologies that are most critical (say those used by Indian military, intelligence agencies, or for cutting edge research and development) should be subjected to zero trust.

Conclusion

Assuming by default that all tech products and services are compromised and applicable to friends and foes alike, zero trust would entail developing the most stringent checks during procurement as well as continuous monitoring and verification. For all the rest less critical technologies, the “just in case” strategy involving diversification of vendors and friendshoring would suffice in taking care of larger supply chain concerns about cascading fallouts due to single points of vulnerabilities and failures.