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Our Constitution

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Basics
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The constitution of a country, in simple terms, is a collection of the legal rules providing the frame work for the government of the country. It is a living document, an instrument which makes the government system work. The Constitution, in its current form consists of a preamble, 25 parts containing 463 articles* and 12 schedules. Part IXB, relating to the Cooperative Societies, is the latest part inserted in the Constitution through the 97th Amendment Act (after the passage of the 111th Amendment Bill). The Constitution declares India to be a Sovereign, Socialist, Secular, Democratic, Republic. The words 'Socialist' and 'secular' were added in the Preamble of the Constitution by 42nd amendment which was passed in 1976. The adoption of universal adult suffrage (extending the right to vote to every adult citizen), without any qualification either of sex, property, taxation or the like, from the very first day, was a bold decision. Article 326 deals with it. Article 368 of Constitution deals with procedure of amendment of the Constitution. India is a Union of States not a federation. Article 3 empowers the Parliament to create new states (currently in news due to Telangana). The subjects of administration have also been classified into three lists (in article 246 under seventh schedule) - the Union List, the State List and the Concurrent List.

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Basics
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The Constitution was enacted by the Constituent Assembly on 26 November 1949, and came into effect on 26 January 1950. The date 26 January was chosen to commemorate the Purna Swaraj declaration of independence of 1930. It establishes the parliamentary system of government, i.e., the President of the Union is the constitutional head, the Council of Ministers is the real executive and is responsible to the Lok Sabha. Part III guarantees Fundamental Rights to all the citizens. These rights are justiciable and inviolable. Borrowed from the Irish Constitution, the Directive Principles (Part IV) are assurances to the people regarding social, economic and political justice. They are not justiciable. The incorporation of Fundamental Duties in the constitution (through the 42nd Amendment Act) is an attempt to balance the individuals freedoms with civic responsibilities. The President of India can declare three different types of emergency under article 352, article 356 and article 360 for an act of foreign aggression or internal armed rebellion, failure of constitutional machinery in a state and financial emergency respectively. Article 370 of the Constitution gives special status to the state of Jammu and Kashmir.
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Sources of Indian Constitution


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1) Government of India Act 1935 - The federal scheme, Office of the Governor, Role of federal judiciary 2) UK Constitution - Law making procedures, Parliamentary Government, Rule of Law, Single citizenship, Cabinet system 3) US Constitution - Fundamental Rights, Independent judiciary, Judicial review, Procedure for the removal of the judges of the Supreme Court and High courts, Role of Vice President 4) Canadian Constitution - Federal system, Federation with strong center, residuary powers with the center 5) Irish Constitution - Directive Principles of State Policy, The method of electing the President, Nominating members of Rajya Sabha 6) Constitution of Germany - Emergency powers to be enjoyed by the Union, Suspension of Fundamental Rights during emergency 7) Australian Constitution - Freedom of inter-state trade, commerce and intercourse, Concurrent list 8) Constitution of South Africa - Procedure for amendment of the Constitution, Election of members of the Rajya Sabha

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The Preamble to the Constitution


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In the Kesavananda Bharati Case (1973), it was decided by the Supreme Court that the Preamble is a part of the Constitution & therefore, can be amended. It was indeed amended in 1976 through the 42nd Amendment (also called the Mini Constitution!) Act the words socialist, secular & integrity were added.

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Our Fundamental Rights


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No democracy can function in the absence of basic rights such as freedom of speech and expression. India, the biggest democracy of the world, is no exception to this rule!
Fundamental Rights are incorporated from Article 12 to 35 in Part III of the Indian Constitution These are the claims of the individual as recognised by the society and enforced by the State (they are justiciable).

These rights ensure the fullest physical, mental and moral development of every citizen.
They include those basic freedoms and conditions which alone can make life worth living. There were 7 original Fundamental Rights however, Right to Property was removed from this category by the 44th Amendment Act, 1978
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FRs are Justiciable


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The individual has the right to approach the Supreme Court or High Courts for the protection of his/her Fundamental Rights.

Art. 13(2) provides, that the state shall not make any law that takes away or abridges the fundamental rights
Any law made in contravention of fundamental rights shall be void to the extent of contravention. The Supreme Court or the High Courts can set aside any law that is found to be infringing or abridging the Fundamental Rights.

Some of the Fundamental Rights are also enjoyed by foreigners, for example, the Right to Equality before Law and Right to Freedom of Religion are enjoyed by both i.e. citizens as well as foreigners. The Fundamental Rights though justiciable are not absolute. The Constitution empowers the government to impose certain reasonable restrictions on the enjoyment of our rights in the interest of public good.
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Nature of the FRs


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Fundamental rights are equal for all. Rights are justiciable Article 32 lists down options available to the citizen (through writs). They limit the authority of the central and state governments. Fundamental rights distinguish between citizens and foreign nationals. They can be suspended during emergency. The six freedoms under the Right to Freedom are automatically suspended. However, the Right to Life and Personal Liberty cannot be suspended according to the original Constitution. Parliament can amend Fundamental rights.

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Classification
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1. Right to equality, including equality before law, prohibition of discrimination on grounds of religion, race, caste, sex or place of birth, and equality of opportunity in matters of employment, abolition of untouchability and abolition of titles. (Art 14-18) 2. Right to freedom which includes speech and expression, assembly, association or union or cooperatives, movement, residence, and right to practice any profession or occupation (some of these rights are subject to security of the State, friendly relations with foreign countries, public order, decency or morality), right to life and liberty, right to education, protection in respect to conviction in offences and protection against arrest and detention in certain cases. (Art 19-22) 3. Right against exploitation, prohibiting all forms of forced labour, child labour and traffic in human beings. (Art 23-24)
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Classification [contd.]
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4. Right to freedom of religion, including freedom of conscience and free profession, practice, and propagation of religion, freedom to manage religious affairs, freedom from certain taxes and freedom from religious instructions in certain educational institutes. (Art 25 28) 5. Cultural and Educational rights - preserving Right of any section of citizens to conserve their culture, language or script, and right of minorities to establish and administer educational institutions of their choice. (Art 29-30) 6. Right to constitutional remedies for enforcement of Fundamental Rights. (Art 32-35)

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Directive Principles of State Policy


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DPSPs are incorporated in the Indian constitution from the Irish constitution. (Borrowed)
These are of the nature of Positive obligations to the state. DPSPs are Non-Justiceable. They are more in the nature of Directions, but not adhering to these will and cannot be construed as breach of upholding the Constitution of India. These seek to establish a welfare society in a country, when compared to a Laissez Faire state that seeks to establish only a Police state.
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Directive Principles of State Policy


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DPSPs are mentioned in the Part IV of the Indian Constitution.


They are contained in articles from 36-51. Article 37 states that the DPSPs are not enforceable in a court of Law. But it proceeds further and mentions that DPSPs are Fundamental to the Governance of a country.

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Important Events of 2013

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Mangalyaan (Mars Orbiter Mission)


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Launched on 5th Nov 2013 with a mission to develop the technologies required for design, planning, management and operations of an interplanetary mission It is India's first interplanetary mission and, if successful, ISRO would become the fourth space agency to reach Mars, after the Soviet space program, NASA, and European Space Agency. Scientific objective to explore the presence of Methane in Mars atmosphere. The probe's 73 million USD price tag is a fraction of the cost of NASA's MAVEN mission, also launched in November. The successful Chandrayaan-1 mission with international participation triggered the Indian planetary exploration programme in 2008. The next lunar mission, Chandrayaan-2, having an orbiter-lander-rover configuration for exploring a high latitude region on the moon is planned to be carried out with Russian collaboration. Note: China's first robotic moon lander Chang'e 3 is poised to land the Yutu (which means jade rabbit) rover on the moon today!

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Arab Spring continues in Syria


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The Arab Spring is a series of rebellions in Arab countries ruled by dictators They all began with protests in the streets of Tunisia (the Velvet Revolution) calling for the replacement of the dictator with a more Democratic government. Results varied significantly Some resulted in a relatively peaceful transition to a more democratic government (Tunisia). In Tunisia, President Zine El Abidine Ben Ali was ousted in Jan 2011. The governing party, Ennahda is being accused of radicalism. To the Islamists taking power & then military taking over (Egypt) From Mubarak to Military to Morsi to Military to To the international intervention in Libya Backed by UNSC resolution 1973, international troops helpd the rebels capture & kill Muammar Gaddafi, the Libyan dictator. To on going civil war (Syria) Bashar Al Assad, the President of Syria is pitted in a civil war against the rebel groups since the last 2 years.
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Indian Companies in Fortune 500


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2013 Flashback
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France, the former Colonial power, intervened in Mali for 5 months to crush the rebels & is currently engaged in Central African Republic. Benedict XVI resigns as pope, becoming the first to do so since Gregory XII in 1415. Jorge Mario Bergoglio of Argentina is elected the 266th pope, whereupon he takes the name Francis. Eurozone Crisis continues - The European Union agrees to a 10 billion economic bailout for Cyprus. The United Nations General Assembly adopts the Arms Trade Treaty to regulate the international trade of conventional weapons. Edward Snowden discloses operations engaged by a US government mass surveillance program (code named PRISM) to news publications and flees the country, later being granted temporary asylum in Russia Croatia becomes the 28th member of the European Union al-Shabaab Islamic militants attack a mall in Nairobi, the capital of Kenya Minamata Treaty is signed aims at restricting the use of Mercury. Typhoon Haiyaan kills 6000 people in the Philippines. Three Studies of Lucian Freud, a series of portraits by the British painter Francis Bacon, sells for US$142.4 million, setting a new world record for an auctioned work of art Ninth Ministerial Conference of the World Trade Organization delegates sign the Bali Package agreement aimed at loosening global trade barriers
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International Organizations

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Bretton Woods Institutions


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The International Monetary Fund (IMF), the World Bank and the International Trade Organisation were conceived at the Brettonwoods Conference in July, 1944 as institutions to strengthen international economic cooperation and to help create a more stable and prosperous global economy. While the IMF and the World Bank came into existence and started functioning from 1946, the International Trade Organisation could not be set up. Instead, the General Agreement on Tariffs and Trade (GATT) was set up in 1947. Through successive rounds of negotiations, the GATT got transformed into what has come to be known as the World Trade Organisation (WTO) that started functioning from January 1, 1995. The IMF (HQ Washington) promotes international monetary cooperation and provides member countries with policy advice, temporary loans, and technical assistance so they can establish and maintain financial stability and external viability and build and maintain strong economies. The World Bank (HQ Washington) promotes long-term economic development and poverty reduction by providing technical and financial support. The WTO (HQ Geneva) seeks to provide a trade environment in which goods and services may move between the nations, unrestrained by any restrictions or barriers.
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The United Nations


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Set up in 1945, HQ at New York city. Motto: It's your world! The UN has six principal organs: the General Assembly (the main deliberative assembly); the Security Council (for deciding certain resolutions for peace and security); the Economic and Social Council (ECOSOC) (for promoting international economic and social co-operation and development); the Secretariat (for providing studies, information, and facilities needed by the UN); the International Court of Justice (the primary judicial organ, HQ at The Hague); and the United Nations Trusteeship Council (inactive since 1994). The organisation won the 2001 Nobel Peace Prize, and a number of its officers and agencies have also been awarded the prize.

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Miscellaneous
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ACADEMY AWARD CATEGORY


Best Picture Best Director Best Actor Best Actress Best Supporting Actor Best Supporting Actress Best Writing-Original Screenplay Best Writing-Adapted Screenplay Best Animated Feature Film Best Foreign Language Film Best Documentary-Feature

WINNER
Argo Ang Lee-Life of Pi Daniel Day Lewis-Lincoln Jennifer Lawrence-Silver Lining Playbook Chritopher Waltz-Django Unchained Anne Hathaway-Les Miserables Django Unchained-Quentin Tarantino Argo-Chris Terrio Brave-Mark Andrews & Brenda Chapman Amour(Austria) in French- Michael Haneke Searching for Sugar Man-Malik Bendjelloul

POST
Secretary General of UN

PERSON
Ban Ki Moon(S Korea)

UN Specialized Agency HQ Food & Agriculture Organization Rome International Labour Organization Geneva IMF Washington UNESCO Paris World Bank Group Washington WHO Geneva World Intellectual Property Organization (WIPO) Geneva

President of UN General Vuk Jeremic(Serbia) Assembly President of International Court Peter Tomka(Slovakia) of Justice MD of International Monetary Christine Lagarde(France) Fund Head of UNESCO(United Nations Educational, Scientific & Cultural Irina Bokova(Bulgaria) Organization) President of World Bank Jim Yong Kim(S Korea) Director General of World Health Margaret Chan(Hong Kong) Organization World Trade Organization Robert Azevedo (Brazil)

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Miscellaneous
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Important Offices in India


Position
Deputy Chairman of Planning Commission Chief Justice of India Chief Election Commissioner of India Comptroller & Auditor General of India Head of Competition Commission of India Chief of Army Staff Chief of Air Staff Chief of Naval Staff Director of CBI(Central Bureau of Investigation) Chief Commissioner, Central Information Commission Chairman, ISRO(Indian Space Research Organization) Chairman, University Grants Commission Head of Finance Commission of India Governor of RBI(Reserve Bank of India) Head of SEBI(Securities & Exchange Board of India) National Security Advisor Attorney General of India Chairman of PMEAC(Prime Minister's Economic Advisory Committee) President of ASSOCHAM President of FICCI Chairman of TRAI Director of DRDO
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Person
Montek Singh Ahluvalia P Sathasivam V S Sampath Shashi Kant Sharma Ashok Chawla Gen Bikram Singh Air Chief Marshal Norman Anil Kumar Browne Admiral Devendra Kumar Joshi Ranjit Sinha Ms Deepak Sandhu K Radhakrishnan Prof Ved Prakash Y V Reddy Raghuram Rajan Upendra Kumar Sinha Shivshankar Menon G E Vahanvati C Rangarajan Rana Kapoor Naina Lal Kidwai Rahul Khullar Avinash Chander

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Miscellaneous
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List of Maharatna Companies


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1. Coal India Limited 2. GAIL

3. BHEL
4. ONGC 5. SAIL 6. NTPC 7. IOC GAIL & BHEL were added to the list in 2013.

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Newspapers of India
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The first newspaper in India was James Augustus Hickeys Bengal Gazette or Calcutta General Advertiser published in 1780 in Calcutta. The largest number of newspapers are published in the State of Uttar Pradesh and the language in which the maximum number of newspapers are published is Hindi. The oldest existing newspaper in India is Bombay Samachar published in 1822 in Gujarati. The oldest existing English daily is the Times of India (1838). Largest Circulation Dainik Jagran > Dainik Bhashkar > Hindustan > Malayala Manorama > Amar Ujala > ToI

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NSEL Scam
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The NSEL scam is a systematic and premeditated fraud perpetrated in the commodity market by National Spot Exchange Ltd based in Mumbai, India. NSEL is a company promoted by Financial Technologies India Ltd and NAFED. Jignesh Shah is the CEO of Financial Technologies

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Classification of Crude Oil


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The different types of crude oil are classified based on the American Petroleum Gravity (API) - gravity and viscosity. Three categories Heavy, Medium, Light. Classifications are made based on the sulphur content as well. Crude oil with low content of sulphur means 'sweet' and the presence of high content sulphur is known as 'sour'. One of the largest and major Classifications of Crude oil is Brent Blend, which is found in the North Sea. West Texas Intermediate (WTI) otherwise known as Texas Light Sweet, OPEC Reference Basket (ORB) and Dubai Crude is the other major benchmark or reference. Russian Export Blend, the Russian benchmark crude, is a mixture of several crude grades used domestically or sent for export

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Financial terms
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Market Capitalization Total number of shares x Stock Price Foreign Currency Convertible Bond (FCCB) - A type of convertible bond issued in a currency different than the issuer's domestic currency. Corporates issue FCCBs to raise money in foreign currencies. American depositary receipt (ADR) - It is a negotiable security that represents securities of a non-US company that trades in the US financial markets Global Depositary Receipt (GDR) It is a certificate issued by a depository bank, which purchases shares of foreign companies and deposits it on the account. Special drawing rights (SDRs) - They are supplementary foreign exchange reserve assets defined and maintained by the International Monetary Fund (IMF). Not a currency, SDRs instead represent a claim to currency held by IMF member countries for which they may be exchanged. Composed of the US dollar, the euro, the British pound and the Japanese yen.
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Banking terms
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The policy rates Repo rate: The rate at which the RBI lends money to commercial banks Current rate 7.75% (Nov13) Reverse repo rate: The rate at which the RBI borrows money from commercial banks Current rate 6.75%; it is pegged at 1% below repo rate Cash Reserve Ratio (CRR): The amount of funds that the banks have to keep with the RBI Current rate 4%, lowest level since 1974 Statutory Liquidity Ratio (SLR): The amount a commercial bank needs to maintain in the form of cash, or gold or govt. approved securities (Bonds) before providing credit to its customers. Current Ratio 23% Marginal Standing Facility (MSF): Banks can borrow up to 1% of their respective Net Demand and Time Liabilities (Current Rate 8.75%)
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The Verdict on the Delhi Gangrape Case


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National Crime Records Bureau (NCRB) data show the number of rape cases has been increasing. The figure was 20,837 in 2007 and 24,923 in 2012. Justice Verma Committee Report - the need to review AFSPA in conflict areas, maximum punishment for rape as life imprisonment and not death penalty, clear ambiguity over control of Delhi Police etc The Criminal Law (Amendment) Act, 2013 is an Indian legislation passed by the Lok Sabha on 19 March 2013, and by the Rajya Sabha on 21 March 2013, which provides for amendment of Indian Penal Code, Indian Evidence Act, and Code of Criminal Procedure, 1973 on laws related to sexual offences. It provides for death penalty in rape cases that cause death of the victim or leave her in a vegetative state. It also creates several new offences such as causing grievous hurt through acid attacks, sexual harassment, use of criminal force on a woman with intent to disrobe, voyeurism and stalking. Rape is a gender specific offence in India the perpetrators are supposed to be men only. But what about cases like that of Pinki Pramanik?
(Pinki is a Commonwealth medal winning Indian female athlete. In 2012 a rape allegation by Pramanik's female friend led to medical tests to determine her gender.)
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Companies Act 2013 & Clause 135


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India Inc will also have to put the income from ongoing CSR activities into its corporate social responsibility (CSR) fund in addition to the 2% of net profits of the preceeding three years. Auditor Rotation: It limits the number of companies an auditor can serve to 20. Also, the auditors will directly inform about a fraud or potential fraud in the company where the amount involved or likely to be involved is not less than 5% of the net profit or 2% of turnover of the company for the preceding financial year. The rotation of auditors will take place every five years. It makes it mandatory for companies that one-third of their board comprises independent directors to ensure transparency. Also, at least one of the board members should be a woman. It provides for class action suit, which is key weapon for individual shareholders to take collective action against errant companies. Easier rules for M&A It mandates payment of two years salary to employees in companies which wind up operations. One Person Company (OPC)
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Rupee the fall& the rise


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Reason for the fall basic law of economics: if the demand for USD in India exceeds its supply then its worth will go up and that of the INR will come down in that respect. Increase in demand for oil in India & increase in global crude prices Foreign investment being withdrawn moved to greener pastures FY 14 Q1 GDP growth rate of India was just 4.4% The Twin Deficits running high since a long time now Election year adding to uncertainties Persisting inflation Volatility in the equity markets Threat of war (US-Syria) Food Security Act, costing the exchequer at least 20 b USD per year Delays in decision making discouraging investors: ArcelorMittal and Posco decided to pull out their projects in India. Posco did not go ahead with a steel plant worth INR 30,000 crore that was supposed to be built in Karnataka and ArcelorMittal withdrew from setting up a steel plant in Odisha that was supposed to cost around 52,000 crore. Supposed end of the era of Quantitative Easing The problem not restricted only to India; FRAGILE 5 (India, Brazil, Turkey, Indonesia, South Africa) became an accepted term!

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LOOK EAST
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LOOK EAST
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The Look-east policy was launched in 1992 just after the end of the Cold War,

following the collapse of the Soviet Union.


Why was India not looking East earlier?! Because of Indias colonial links, Indias ruling elite had an essentially Western orientation and thinking in the post-1947 period. Economically, due to the fact that this region was less developed than India until the 1970s Southeast Asia was not an attractive trading and economic partner.

Indias own economic policies were insular and protectionist. It did not help
that our overland linkages to Southeast Asia were blocked. Indias economic and financial crisis of 1991 coincided with the collapse of the Soviet Union, which was Indias valued economic and strategic partner. Both these developments compelled India to take a fresh look at its foreign policy. The world was no more divided into Cold War blocs, and South Asia and Southeast Asia could no longer be treated as separate strategic theatres.
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LOOK EAST
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While India and China remain strategic rivals, India's "Look East" policy has included

significant rapprochement with China. Since 1993, India began holding high-level
talks with Chinese leaders and established confidence-building measures. India has developed multilateral organisations such as the Mekong-Ganga Cooperation and BIMSTEC, forging extensive cooperation on environmental, economic development, security and strategic affairs. MGC comprises six member countries, namely India, Thailand, Myanmar, Cambodia, Laos and Vietnam. They emphasise on four areas of cooperation, which are tourism, culture, education, and transportation linkage BIMSTEC comprises of Bangladesh, India, Myanmar, Sri Lanka, Thailand, Bhutan and Nepal. India became a sectoral dialogue partner with ASEAN in 1992, a full dialogue partner in 1995, a member of the Council for Security Cooperation in the Asia-Pacific, a member of the ASEAN Regional Forum in 1996, and a summit level partner (on par with China, Japan and Korea) in 2002
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INDIA ASEAN
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ASEAN members - Brunei, Cambodia, Indonesia, Lao PDR, Malaysia, Myanmar,

Singapore, Thailand, the Philippines and Vietnam


Eighth East Asian Summit and the Eleventh ASEAN-India Summit concluded recently To engage more intensely with ASEAN countries, India announced the setting up

of an ASEAN mission in Jakarta, with a separate ambassador.


Bilateral trade between India and ASEAN has jumped five times during the last 10 years to $76 billion. It is expected to touch $100 billion by 2015 and $200 billion by 2022. Opportunity for India China has managed to alienate almost every country around it, except North Korea & Pakistan. India should flex its soft power, especially in the domain of education. Nalanda University is a good beginning. India & ASEAN now have a strategic level partnership (since 2013)
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ASEAN WAY FORWARD


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Till the time we build the necessary infrastructure in our own North East, we cannot manage to look East! Connectivity is important and this is where Bangladesh becomes relevant, in order to get transit rights to Myanmar and onwards. FTA in Services & Investment expected to be signed by early 2014.

Indias lack of competitiveness in manufacturing may put it at the losing end when Free Trade fructifies.
China has managed to alienate almost every country around it, except North Korea & Pakistan. Its a good opportunity for India to show that its rise is peaceful. The US & Japan want India to grow its clout in the region in order to counterbalance China. As of now, China is huge enough to set the rules of the game! It managed to remove the reference to South China sea in the official release by ASEAN summit last year.

China trade with ASEAN likely to reach 1 trillion USD very soon while Indias trade is below 100 b.
It is the Chinese diaspora which dominates the economy of South East Asia!
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LOOK WEST POLICY


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The Gulf region, like South-East and South Asia, is part of our natural economic hinterland. We must pursue closer economic relations with all our neighbours in our wider Asian neighbourhood. India has successfully pursued a Look East policy to come closer to the countries of South-East Asia. We must come closer to our western neighbours in the Gulf. The first stage in Indias re-orientation was consolidation of her position in southeast Asia through the look east policy. The second phase focused on the west Asian region through a policy being termed as look west policy. The look west policy of India coincided with the look east policy of Saudi Arabia and other Persian Gulf countries particularly in the aftermath of 9/11. Needed for Energy Security Protecting the interests of the Diaspora Trade & Investment Brand building!
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