India-Latin America Trade Relations:

India's relations with the Latin America and Caribbean (LAC) region have gained renewed focus in recent years, reflecting the growth in economic, political, and cultural ties between India and the 33 countries in this region. Despite this progress, China's dominance in the region remains a significant challenge for India, as it has built a much stronger presence through trade, investments, and strategic alliances.

Historical Background of India-Latin America Relations

• Early Engagement: India’s interactions with Latin America date back to the early 20th century with figures like Pandurang Khankhoje (agricultural scientist) and M.N. Roy (political activist), who contributed to the advancement of ideas in Mexico and the wider region.

  • Rabindranath Tagore, Octavio Paz, and Victoria Ocampo were also key figures in promoting cultural and literary exchanges.

• Official Engagements:

  • Prime Minister Nehru's visit to Mexico in 1961 marked the beginning of high-level engagements.

  • Indira Gandhi’s tour of eight LAC nations in 1968 further solidified India's ties.

  • India’s relationship with Latin America gained momentum through PM Modi's participation in the BRICS summit in Brazil in 2014.

• Economic Liberalization: Post-1990s, India’s economic liberalization and focus on export promotion led to stronger trade links, highlighted by the launch of the FOCUS LAC Program in 1997, designed to enhance exports to the region.

Current Trade Landscape with Latin America

• Trade Figures (2023):

  • India’s trade with Latin America reached a total of USD 43.22 billion, with imports of USD 22.93 billion and exports of USD 20.09 billion.

  • The target for this trade is to reach USD 100 billion by 2028.

  • Key trade partners include Brazil, Mexico, and Colombia.

  • Imports include petroleum oils, gold, and soybean oil, while exports are primarily petroleum oils, motor cars, and other vehicles.

• Economic Positioning: Latin America is strategically positioned between highly regulated markets (like the US and Europe) and less competitive ones (like Africa), making it an ideal region for India to strengthen economic collaborations.

Political and Bilateral Cooperation

• Foreign Policy Priority: Latin America was historically a low priority for India, but there has been a significant shift in India’s approach, especially under External Affairs Minister S. Jaishankar’s visit to Guyana, Panama, Colombia, and the Dominican Republic in 2023. This was the first visit by an Indian foreign minister to these countries.

• Brazil's Leadership Role: Brazil stands out in terms of political cooperation, being a crucial partner for India in forums like BRICS, IBSA, and the G20.

• Preferential Trade Agreements (PTAs): India has signed PTAs with Chile and Mercosur (a trading bloc consisting of Brazil, Argentina, Uruguay, Paraguay, Venezuela, and Bolivia), showing Latin America’s commitment to strengthening ties with India.

Strategic Importance of Latin America for India

1. Economic Opportunities:

   • Latin America is rich in natural resources like copper, lithium, and iron ore, which are essential for India’s industrial growth, especially in technology and manufacturing sectors.

   • The region's collective GDP exceeds USD 6 trillion, providing a substantial market for Indian goods.

2. Energy Security:

   • With growing energy demands, Latin American countries, particularly Venezuela, Mexico, and Brazil, have become crucial suppliers of crude oil to India, accounting for 30% of India’s crude oil imports from LAC.

3. Strategic Partnerships:

   • India is strategically engaging with Latin America to counterbalance China’s growing influence, which has extensive trade agreements and investments in the region.

4. Cultural and Educational Exchanges:

   • There is growing people-to-people exchange between India and Latin America. Indian IT companies employ over 40,000 people in the region, contributing to skill development and economic ties.

5. Food Security:

   • The region’s agricultural landscape offers India opportunities for securing food supplies, especially in pulses and oilseeds, essential for India’s food security.

Cooperation Across Sectors

1. Pharmaceuticals and Healthcare:

   • India’s pharmaceutical industry plays a major role in the region, providing affordable medicines. Brazil is one of the top destinations for these exports.

2. Energy Cooperation:

   • Lithium deposits in Bolivia are crucial for India’s growing battery and electric vehicle markets, with strategic agreements in place between Bolivia and Indian companies.

3. Agriculture and Food Security:

   • Agricultural research and food processing collaborations are important for enhancing productivity and ensuring food security in both regions.

4. Infrastructure Development:

   • India has extended development aid to countries like Bolivia, offering a USD 100 million Line of Credit for infrastructure development, particularly in railways, energy, and transportation.

Challenges in Strengthening Engagement with Latin America

1. Geographical and Language Barriers: The distance and language barriers (with most countries speaking Spanish or Portuguese) remain significant obstacles.

2. Lack of Regional Integration: Latin America’s regional integration is still incomplete, with sub-regional organizations like SICA and CELAC facing challenges in harmonizing policies.

3. Competition from China: China’s dominant trade presence and established FTAs with key Latin American countries make it harder for India to expand its share.

4. Economic and Political Instability: Countries in Latin America, including Venezuela and Argentina, face political instability and economic challenges, which may impact trade and investment opportunities.

Strategies to Enhance India-Latin America Relations

1. Reactivating "Focus:LAC" Program:

   • Aimed at promoting market access and improving institutional frameworks, this program can create a conducive environment for expanding trade.

2. Selective Trade Agreements:

   • India should pursue Free Trade Agreements (FTAs) and preferential trade arrangements with Latin American countries, focusing on sectors where India has a competitive advantage, such as technology, clean energy, and agriculture.

3. Diplomatic Engagement:

   • High-level visits, participation in regional trade summits, and fostering cultural exchanges will pave the way for deeper economic and political ties.

4. Promoting Business-to-Business (B2B) and People-to-People (P2P) Connections:

   • Facilitating cultural exchanges, business partnerships, and trade missions can strengthen economic ties.

5. Service Trade Enhancement:

   • Establishing mutual recognition agreements for professional qualifications and creating digital platforms for service providers can improve market access.

Conclusion

India’s relations with Latin America have evolved significantly, with growing trade, strategic cooperation, and cultural ties. However, challenges remain, including China’s dominance and the region’s lack of integration. To capitalize on the opportunities in this vibrant region, India must strengthen diplomatic efforts, engage in selective trade agreements, and increase its presence in sectors like pharmaceuticals, energy, and infrastructure.

Private Members' Bills in Indian Parliament

In recent years, Private Members' Bills have seen a significant decline in the Indian Parliament, primarily due to limited time allocation and the prioritization of government business. This trend has raised concerns about the diminishing role of individual Members of Parliament (MPs) in the legislative process, which could potentially affect the health of parliamentary democracy. The 17th Lok Sabha (from June 2019 to February 2024) saw an especially sharp decline in the time allocated to these bills.

What is a Private Members' Bill?

About:

• Private Members' Bills are introduced by MPs who are not part of the government (i.e., they are not Ministers).

• These bills allow MPs to propose laws or amendments on issues of personal, regional, or national importance that might not be on the government’s immediate agenda.

Key Features:

• Non-government MPs: Only non-government MPs can introduce these bills, which allows them a degree of independence in addressing issues that may not align with party positions.

• Resolutions: MPs can also introduce resolutions to draw attention to matters of importance or urgency, though these are not legislative in nature.

• Platform for Expression: Private Members' Bills offer MPs a platform to express views on significant or controversial matters without party pressure.

Procedure:

1. Drafting and Notice: MPs draft the bill and submit it with at least a month’s notice before it is formally introduced.

2. Introduction: The bill is introduced in Parliament, followed by initial discussions.

3. Debate: If selected, the bill is debated, but these discussions are usually limited to Friday afternoon sessions when the attendance of MPs is low.

4. Decision: Bills may be withdrawn or, rarely, proceed to a vote and be passed.

Historical Example:

• In 1966, H.V. Kamath introduced a Private Member's Bill to amend the Constitution and make only Lok Sabha members eligible for the post of Prime Minister, following the death of Prime Minister Lal Bahadur Shastri.

• Since independence, only 14 Private Members' Bills have been passed, and none have passed since 1970.

• The Rights of Transgender Persons Bill (2014) was the first Private Member’s Bill approved by the Rajya Sabha in 45 years, but it lapsed before it could be taken up by the Lok Sabha.

Why is There a Decline in Private Members’ Bills?

1. Lack of Time and Attention:

   • According to PRS Legislative Research, the 17th Lok Sabha allocated just 9.08 hours for Private Members' Bills, a tiny fraction of total session hours.

   • In the 18th Lok Sabha (two sessions), only 0.15 hours were allocated in the Lower House (Lok Sabha) and 0.62 hours in the Rajya Sabha. The time spent on resolutions was also minimal.

   • Most of the time allocated to Private Members' Bills is on Fridays, which is traditionally when MPs leave for their constituencies, leading to low attendance and less debate.

2. Lack of Seriousness from MPs:

   • A major reason for the decline is that many MPs themselves skip discussions or show little interest in advancing their bills.

   • The lack of participation indicates that Private Members' Bills are not being treated with the seriousness they deserve.

3. Scheduling Issues:

   • The fact that these bills are often scheduled for Fridays results in limited discussion time, further diminishing their importance in the overall functioning of the Parliament.

4. Government Dominance:

   • The overwhelming focus on government-sponsored legislation has marginalized the space available for Private Members' Bills.

   • Many MPs view the government's business as more important for advancing their political careers, leaving little room for individual contributions.

Potential Revival of Private Members’ Bills

To address this issue and ensure that Parliament remains a platform for diverse voices, a few strategies could be considered:

1. Shifting to Midweek Sessions:

   • Moving Private Members' Bills from Fridays to midweek (e.g., Wednesday or Thursday) could boost participation and create a more conducive environment for debate and discussion.

2. Increased Support for MPs:

   • Encouraging MPs to actively participate in introducing and discussing their own bills can be facilitated by ensuring better institutional support, including research assistance and expert consultations.

3. Public Awareness:

   • Raising awareness among the public and media about the importance of Private Members' Bills could generate grassroots support, motivating MPs to take these bills more seriously.

4. Streamlining the Process:

   • Parliament could work on improving the procedural aspects for Private Members' Bills to make it easier for MPs to get the necessary time and attention, reducing procedural bottlenecks.

Conclusion

The decline of Private Members' Bills in Indian Parliament is a concerning development, as it limits the scope for MPs to independently represent the needs of their constituencies and contribute to national legislation. While the government’s dominance in parliamentary affairs is natural, it is crucial to preserve the constitutional space for individual expression through Private Members' Bills. Moving these bills to midweek sessions and encouraging more active participation could revitalize this aspect of parliamentary democracy, thereby enhancing its effectiveness and representativeness.

Advocates of the Supreme Court

Why in News?

Concerns have been raised about the quality of the newly designated Senior Advocates, with 116 advocates receiving this designation in 2024. This has led to discussions regarding the criteria and process for designating Senior Advocates in the Supreme Court (SC).

Key Points About Senior Advocates

Designation and Criteria:

• Awarded by the SC or High Courts: Senior Advocates are designated by the Supreme Court or High Courts based on their legal acumen, standing at the Bar, and special knowledge.

• Minimum Experience: They must have at least 10 years of experience at the Bar before being eligible for this designation.

Role and Functions:

• Key Legal Figures: Senior Advocates play a crucial role in the Supreme Court, especially in handling high-stakes cases such as death penalty cases, company liquidations, child custody disputes, and bail applications.

• Briefed by Advocate-on-Record (AoR): Senior Advocates argue legal propositions in court, but they cannot take direct instructions from clients. Instead, they are briefed by an Advocate-on-Record (AoR).

Restrictions on Senior Advocates:

• No Direct Client Instructions: Senior Advocates cannot directly take instructions from clients. They work in coordination with an AoR, who handles the client’s instructions.

• Limited to Specific Tasks: Senior Advocates cannot engage in tasks like drafting pleadings, drawing affidavits, or advising on evidence.

2017 Reforms:

• Following a Public Interest Litigation (PIL) filed by Indira Jaising (the first woman Senior Advocate of the Bombay High Court), the SC established objective criteria for the designation of Senior Advocates.

• The criteria introduced by these reforms aimed to make the process more transparent and inclusive, focusing on factors like judgments, academic contributions, and experience.

Advocates-on-Record (AoR):

• Only AoRs Can File Documents: Advocates-on-Record are the only advocates authorized to file documents, represent parties, and make appearances in the SC.

Other Advocates:

• Not Authorized for Filing: These advocates are listed on the State Bar Council rolls and can argue cases in the SC, but they cannot engage in formal filings, such as submitting documents or appearances.

Conclusion:

The designation of Senior Advocates is an important aspect of the Indian legal system, symbolizing the recognition of an advocate's expertise and standing in the legal community. With recent concerns over the quality of newly designated Senior Advocates, it is clear that the transparency and objectivity in the designation process are critical to ensuring that the most qualified and capable legal professionals handle complex matters in the Supreme Court. The 2017 reforms sought to address these issues by establishing clear and objective criteria for the selection of Senior Advocates