Updated: May 26
Global Law Assembly.
The Ministry of External Affairs, Government of India - released a proposal with regards India's Candidature into the Non-Permanent Membership of the UN Security Council. As procedures indicate, India's membership into the non-permanent membership bloc in the UNSC will begin from January 2021, provided that a proper vote makes that possible. The Executive Board of the Global Law Assembly therein provides a special executive comment and analysis on the challenges and positive aspects resembled in the Proposal by the External Affairs Minister and the Permanent Mission of India at the UN, New York.
The proposal resembles India's paradigm shift in the practicable contours of diplomacy and confidence-building. In general, India reflects the signs of multi-alignment as the core aesthetics of its negotiation and discussion basis. Furthermore, India does reflect a limited yet gradual transformation in its faith towards the 'strategic autonomy' doctrine. Nevertheless, despite the fact that post-colonial, third-world countries in Asia are not perfect and their institutional and administrative capabilities may have limited translations into the actions, which may be expected, India at least keeps promises to shift its contours from a pacifist and lethargic position it had assumed before 2009. Furthermore, the proposal beyond the imagery of promises accepts and regards the resistant nature of the ground realities that bind India from exerting a more liberalized approach towards geopolitics & international peace and security. Considering India's strategic role in Central Asia and fluid affinity towards the Westosphere (or nation-states that are a part of the Western bloc), the proposal is sober and reconciling.
Indian Approach Towards Multilateralism as a Nation-State
India's vision towards multilateralism escalates and translates from the very constraints undiscovered and lived with by the diplomatic community and the Government of India with respect to the concept of strategic autonomy. The imagery of multilateralism is apparent to India's moralist stance, which is reflective of the diplomatic commitments and statements rendered by missions, ambassadors and ministers. Despite the fact that India's realtime strategic capabilities will strengthen in a positive manner, Indian diplomats and ministers must never shy from their commitments and never should limit their considerations. One of the most truer advantages Indian diplomats can always have is that due to India's moralism - the polity receives a reasonable buffer to confront the challenges that affect India, while at the same time, the Indian diplomatic fraternity is way capable to influence abstraction in its policy initiatives, in any possible arena, which may or may not invite condemnation, but preserves India's plans upon any situation, which is a matter of fortune. There are two significant examples here:
India's Diplomatic Outreach over the Article 370 Controversy
In reality, Indian diplomats did succeed in dealing with the issue of Article 370 by preventing the UN Security Council to proceed with the public-level consultations. Despite the fact that the international media, human rights-related NGOs and consultative non-intergovernmental organizations and some states tried to internationalize the issue, the propensity of the issue was appropriately thawed down by the Government of India. However, if India intends to expand the amorphous capabilities of multilateralism as a healer to the communitarian and localized redemptions of the international community, it is important that India boosts its communication capabilities and proposes reasonable and well-trusted solutions since the dilution move are within in the jurisdiction of India and the Constitution of India, 1950 - in legal, political and aesthetic terms.
India's Diplomatic Outreach over the issues related to the Citizenship Amendment Act, 2019
There was a blunt turnover which was set to happen from the side of the European Parliament in early 2020 with respect to the passage of the Citizenship (Amendment) Act, 2019. With regards, a subjective ambiguity and autonomy acquired by the Government of India in administrative terms, there may be policy considerations that can be discussed amicably by the Ministry of External Affairs, as their relative discretion resides. Nevertheless, the limited nature of the law enacted does not directly influence India's commitments to its refugee policy. However, a lack of communication and political ambiguity from the Government of India was certainly not a reasonable step and thus, India needs to have a good domestic outreach and its investigation and interrogation strategies must be coherent with the nature of the issues that encumber (a) India's foreign commitments; and (b) India's domestic propensities.
India's Approach towards Leadership Strategies and Actions in Multilateral Institutions
There are certain constraints in determining India's contours with respect to its leadership considerations in multilateral organizations. Nevertheless, despite India's moralist ideology in its diplomatic commitments, most of India's quotient of interests is not acerbic nor detrimental to the international community and the rules-based international order. In fact, India's foreign interests are closely tied with the complexity and time gap of its domestic issues. India has seen and proven various colours of diplomatic moralism. For example - former PM Pandit Jawaharlal Nehru's approach towards the UN and Cold War, central to the Non-Aligned Movement was pacifist, limited and embraced soft protectionism in the period from 1947 to 1964. Former PM Dr Manmohan Singh's approach towards geopolitics and economic empowerment was a reasonable ignition to the multi-alignment approach which did not become a structural reality under former PMs Morarji Desai and Narsimha Rao. Former PM Atal Bihari Vajpayee's moralist approach stemmed from the values of Indic culture and the context of humility and equitable reasonability was embraced by the Government of India since 2004. After 2009, the Government of India changed its considerations.
Since 2014, India's moralist commitments and cultural confidence became well deep-rooted and strengthened, in order to foster credible diplomacy at the international level, considering India's special security capabilities. However, despite the fact that the Russian Federation, the United States, the European Union, the African Union and ASEAN render a bigger quotient of trust and faith within India's democratic process and capabilities, India's leadership under the President, the Cabinet of Ministers and the Permanent Mission must liberalize its moralist imperatives and ideology to a more coherent and open level like the United States of America and South Africa.
Thus, the proposal's success is not limited to India's election into the UN Security Council, but its special capabilities to contain any subversion into the frugality of the Indian polity that influences its strategic autonomy. It is recommended that the following could be realistic ways through which if India wishes to achieve its goals beyond 'reformed multilateralism':
Reform the purpose of a mandate on economic and non-economic sanctions via multilateral institutions like the UN Security Council;
Give affirmative and realizational primacy towards choosing how should a mandate play its part;
Avoid or harmonize any ideological bias rendered by a nation-state, an official managing the international organization (intergovernmental body - considering the definitive basis of public international organizations as recognized under traditional international law under the Charter of the United Nations and the Statute of the International Court of Justice) or any fluid group of nation-states;
Enforce confidence-building measures towards civilizational changes and realities coherently;
Indian Approach towards International Terrorism, Information Politics and Knowledge Society
India's moralism enables itself to creatively design its domestic limitations into rarest of rare or feasible opportunities. This, therefore, makes possible for India to convene its promises on international terrorism and push nation-states towards more enlightened and positive approaches to combat security challenges. The propositions on International Terrorism made by India in the Candidature proposal are as follows:
addressing the abuse of ICT by terrorists
disrupting their nexus with sponsors and transnational organised criminal entities
stemming the flow of terror finance
strengthening normative and operative frameworks for greater coordination with other multilateral forums
The proposal of trusted assurance on issues related to international terrorism by India is a moralist commitment upheld and invoked by the Government of India highlights certain positive reflections, which are recommended:
India does not have any ideological or systemic constraints or stakes with the capillaries of international terrorism and transnational organised crimes, considering its stance on transnational justice. The constraints aforementioned reflect the aesthetic realities of Indian diplomacy and security strategies and not the physical realities of the same;
India's commitment to centralize human rights as an amorphous and redemptive issue is better than the pacifist model of human rights embraced by the Westosphere and conveniently held by China as well. It means that instead of entailing artificial yet speedy means of unilateral or multilateral moves to invite a convenient failure/negative disruption of the mandate of international organizations, for example in the case of the World Health Organization, the UN Security Council and others, India would ensure or promise towards addressing the ethical infrastructure and reasonability of the mandates behind any international action, of unilateral, bilateral, partnership-based or multilateral nature in whatever reasonable way possible;
India's domestic constraints on areas such as healthcare, education and economics show dismal realities. Nevertheless, the Government of India is considering to remove and dissolve the administrative and physical limitations of the system on these areas carefully, considering the political constraints and mandate India develops and maintains because of the fact that a state's growth and prosperity is central to its domestic realities and not mere imageries communicated and upheld/defended. It is recommended that India can achieve much more through its tenets of technology diplomacy and entrepreneurship as per the proposal:
Reduce human suffering: India needs to reform its political economics and multi-party system via reviving the propensity and potential of its multi-lithic and sociologically deep-rooted and amorphous human society. The idea that technology diplomacy must focus on shared goals and resolutions & concrete preparedness towards humanitarian assistance and entrepreneurship in a universalist manner is achievable due to the social structure and the undiscovered potential (in areas related to STEM, the arts, natural sciences, law, entrepreneurship and innovation and others) of the Indian polity. The democratic realities of India enable its political structure to create alternatives. Therefore, despite various constraints, India does resemble itself as a strong alternative to authoritarian regimes and material capitalist societies;
Enhance ease of living: India can enable and prioritize skill rejuvenation and replenishment based on the notions of European Union and Nordic countries to a limited extent and connect the growth and capabilities of domestic & transregional capitalism as an economic system towards real and civilizational changes to achieve more amorphous and undiscovered goals of sustainable development - undertaking a realization-centric approach that the commitments of international law and development in policy considerations must be real, necessity-centric and rooted within the cultural ethics and values of the regions without any externalities imposed by the ideological systemization of the SDGs and various goals that require a softer and long-term international legal mandate;
Build resilient communities: India's experience with community development is mixed yet explorable owing to the rich culture and history of its social communities despite various identities and representations. It, therefore, enables the social work and humanitarian assistance groups to engage with technology and entrepreneurship to foster limited utility-based, necessary, sustainable and positive innovative solutions. Thus, India must endorse investment into the diversity of solutions to foster its domestic interests and assist the international community as a stabilizing power as often committed and reiterated by the External Affairs Minister of India, Dr Jaishankar;
The scope of analysis is based on India's diplomatic character and the proposal rendered by the Government of India and its Permanent Mission in New York with respect to its membership candidature in the UN Security Council.
© AbhiGlobal Legal Research & Media LLP
Any views discussed in the content published by Global Law Assembly (globallawassembly.org) are not in any way endorsed by and are representative of the views of AbhiGlobal Legal Research & Media LLP & its members.