The preamble of the Constitution states, "We, the people of India." But the question arises—who are these people? Are they the same individuals who existed in 1949, or does this phrase encompass every citizen of India, regardless of time?
Yes! “We, the people of India” includes every individual who resides in India and is governed by the Indian Constitution. However, when we agree that all people at all times will be called the people of India, we cannot design the Constitution in a way that it only reflects the aspirations of the people of 1949. As times change, people also change, and so do their needs and aspirations. The Constitution must be designed in such a way that it can adapt to the demands and nature of its people over time. This is why we call the Indian Constitution a living document.
Article 368 of the Indian Constitution includes a specific process for amending it, which makes it a living document. The inclusion of the amendment process stems from the understanding that no document can be made perfect in one go. It was clear that future administrations might face certain challenges, and addressing those challenges would require relevant constitutional provisions to be modified in accordance with the needs of the time.
In the landmark case of Kesavananda Bharati v. State of Kerala (AIR 1973), the Supreme Court explicitly stated, "No generation has a monopoly over knowledge nor does it have the right to bind future generations to its own requirements of government machinery." If there had been no provision for amending the Constitution, people might have turned to revolutionary or extra-constitutional methods to alter it.
The fact that the Constitution can be amended as per the needs of the time makes it a dynamic document.
The Constitution being a living document can be better understood through the following points:
1. Amendments to the Constitution
The Constitution must be capable of addressing contemporary challenges. The state must have the ability to amend the Constitution as and when needed.
Under Article 368, the Indian Constitution provides for its amendment through the following procedures:
(A) Special Majority of Parliament:
Certain provisions of the Constitution can only be amended by a special majority in Parliament, which means two-thirds of the members present and voting, along with a majority (i.e., more than 50%) of the total membership of each House. Provisions amendable by this method include fundamental rights, directive principles of state policy, and all provisions not classified under other categories.
(B) Special Majority of Parliament and Ratification by Half of the States:
Certain provisions require not just a special majority in Parliament but also ratification by at least half of the state legislatures. Examples include:
- Articles 54 and 55 – Election of the President
- Articles 73, 162, 241, and 279A – Executive powers of the Union and States
- Articles 124–147, 214–231, and 241 – Judiciary in states and Union territories, Supreme Court, and High Courts
- Articles 245–255 – Legislative powers distribution between Union and States
- Article 279A – GST Council
- Article 368 itself
- Representation of states in the Fourth Schedule
- Lists in the Seventh Schedule
(C) Simple Majority of Parliament:
Some provisions fall outside the purview of Article 368 and can be amended by a simple majority. These include provisions for creating new states, abolishing state legislative councils, etc.
2. Rigidity of the Constitution
The framers of the Constitution ensured that the essential nature of the Constitution could not be altered. It protects the rights and freedoms of citizens and imposes limits on the powers of the state. These safeguards can only be amended by a special majority of Parliament.
3. Role of the Judiciary
The judiciary has played a significant role not only in preserving the essence of the Constitution but also in its evolution.
(A) Basic Structure Doctrine:
Propounded in the famous Kesavananda Bharati case (1973), this doctrine prevents Parliament from altering the essential features of the Constitution, referred to as its "basic structure." These include various constitutional ideals like secularism, the rule of law, federalism, etc.
(B) Transformative Nature of the Constitution:
The judiciary has brought transformative changes over time through an extensive interpretation of the Constitution. For example, in the historic Justice Puttaswamy case, the Supreme Court recognized the right to privacy as a fundamental right under Article 21, in keeping with the evolving needs of society.
We can conclude that the Indian Constitution is indeed a living document. Its flexibility allows certain parts to be amended, while its rigidity preserves the fundamental provisions. This balance prevents misuse while retaining the spirit of the Constitution. The presence of the basic structure doctrine ensures that the legislature cannot destroy the essence of the Constitution, thus protecting its core values. Furthermore, requiring state participation in certain amendments makes the Constitution more inclusive and well-rounded.
The Governor serves as the chief executive head of a state. However, like the President at the national level, the Governor acts as a titular or nominal head (constitutional head). Additionally, the Governor functions as an agent of the central government, giving the office a dual role.
While each state usually has its own Governor, the 7th Constitutional Amendment Act of 1956 allows the same person to be appointed as Governor for two or more states. Though primarily a nominal head of the state executive, the Governor holds considerable influence in the state's polity through various executive, legislative, and judicial powers.
Article 153 – Governors of States-
There shall be a Governor for each state.
3 [Provided that nothing in this article shall prevent the appointment of the same person as Governor for two or more States.]
Article 154 – Executive power of State-
- The executive power of the State shall be vested in the Governor and shall be exercised by him either directly or through officers subordinate to him in accordance with this Constitution.
- Nothing in this article shall-a. be deemed to transfer to the Governor any functions conferred by any existing law on any other authority; or
b. prevent Parliament or the Legislature of the State from conferring by law functions on any authority subordinate to the Governor.
Article 155 – Appointment of Governor-
The Governor of a State shall be appointed by the President by warrant under his hand and seal.
Article 156 – Term of Office of Governor-
- The Governor shall hold office during the pleasure of the President.
- The Governor may, by writing under his hand addressed to the President, resign his office.
- Subject to the foregoing provisions of this article, a Governor shall hold office for a term of five years from the date on which he enters upon his office: Provided that a Governor shall, notwithstanding the expiration of his term, continue to hold office until his successor enters upon his office.
Article 157 – Qualification for appointment as Governor-
No person shall be eligible for appointment as Governor unless he is a citizen of India and has completed the age of thirty-five years.
Article 158 – Conditions of Governor’s Office-
- The Governor shall not be a member of either House of Parliament or of a House of the Legislature of any State specified in the First Schedule, and if a member of either House of Parliament or of a House of the Legislature of any such State be appointed Governor, he shall be deemed to have vacated his seat in that House on the date on which he enters upon his office as Governor.
- The Governor shall not hold any other office of profit.
- The Governor shall be entitled without payment of rent to the use of his official residences and shall be also entitled to such emoluments, allowances and privileges as may be determined by Parliament by law and, until provision in that behalf is so made, such emoluments, allowances and privileges as are specified in the Second Schedule.
[(3A) Where the same person is appointed as Governor of two or more States, the emoluments and allowances payable to the Governor shall be allocated among the States in such proportion as the President may by order determine.]
4. The emoluments and allowances of the Governor shall not be diminished during his term of office.
Article 159 – Oath or affirmation by the Governor-
Every Governor and every person discharging the functions of the Governor shall, before entering upon his office, make and subscribe in the presence of the Chief Justice of the High Court exercising jurisdiction in relation to the State, or, in his absence, the senior most Judge of that Court available, an oath or affirmation in the following form, that is to say-
“I, A. B., do swear in the name of God/solemnly affirm that I will faithfully execute the office of Governor (or discharge the functions of the Governor) of ………….(name of the State) and will to the best of my ability preserve, protect and defend the Constitution and the law and that I will devote myself to the service and well-being of the people of …..(name of the State).”
Article 160 – Discharge of the functions of the Governor in certain contingencies-
The President may make such a provision as he thinks fit for the discharge of the functions of the Governor of a State in any contingency not provided for in this Chapter.
Article 161 – Power of governor to grant pardons, etc., and to suspend, remit or commute sentences in certain cases-
The Governor of a State shall have the power to grant pardons, reprieves, respites or remissions of punishment or to suspend, remit or commute the sentence of any person convicted of any offence against any law relating to a matter to which the executive power of the State extends.
Article 162 – Extent of executive power of State-
Subject to the provisions of this Constitution, the executive power of a State shall extend to the matters with respect to which the Legislature of the State has power to make laws:
Provided that in any matter with respect to which the Legislature of a State and Parliament have power to make laws, the executive power of the State shall be subject to, and limited by, the executive power expressly conferred by this Constitution or by any law made by Parliament upon the Union or authorities thereof.
Article 163 – Council of Ministers to aid and advice Governor-
- There shall be a Council of Ministers with the Chief Minister at the head to aid and advise the Governor in the exercise of his functions, except in so far as he is by or under this Constitution required to exercise his functions or any of them in his discretion.
- If any question arises whether any matter is or is not a matter as respects which the Governor is by or under this Constitution required to act in his discretion, the decision of the Governor in his discretion shall be final, and the validity of anything done by the Governor shall not be called in question on the ground that he ought or ought not to have acted in his discretion.
- The question whether any, and if so what, advice was tendered by Ministers to the Governor shall not be inquired into in any court.
Article 164 – Other provisions as to Ministers-
- The Chief Minister shall be appointed by the Governor and the other Ministers shall be appointed by the Governor on the advice of the Chief Minster, and the Ministers shall hold office during the pleasure of the Governor:
Provided that in the States of [Chhattisgarh, Jharkhand], Madhya Pradesh and [Odisha] there shall be a Minister in charge of tribal welfare who may in addition be in charge of the welfare of the Scheduled Castes and backward classes or any other work.
[(1A) The total number of Ministers, including the Chief Minister, in the Council of Ministers in a State shall not exceed fifteen per cent. of the total number of members of the Legislative Assembly of that State:
Provided that the number of Ministers, including the Chief Minister in a State shall not be less than twelve:
Provided further that where the total number of Ministers including the Chief Minister in the Council of Ministers in any State at the commencement of the Constitution (Ninety-first Amendment) Act, 2003 exceeds the said fifteen per cent. or the number specified in the first proviso, as the case may be, then the total number of Ministers in that State shall be brought in conformity with the provisions of this clause within six months from such date as the President may by public notification appoint..
(1B) A member of the Legislative Assembly of a State or either House of the Legislature of a State having Legislative Council belonging to any political party who is disqualified for being a member of that House under paragraph 2 of the Tenth Schedule shall also be disqualified to be appointed as a Minister under clause (1) for duration of the period commencing from the date of his disqualification till the date on which the term of his office as such member would expire or where he contests any election to the Legislative Assembly of a State or either House of the Legislature of a State having Legislative Council, as the case may be, before the expiry of such period, till the date on which he is declared elected, whichever is earl
- The Council of Ministers shall be collectively responsible to the Legislative Assembly of the State.
- Before a Minister enters upon his office, the Governor shall administer to him the oaths of office and of secrecy according to the forms set out for the purpose in the Third Schedule.
- A Minister who for any period of six consecutive months is not a member of the Legislature of the State shall at the expiration of that period cease to be a Minister.
- The salaries and allowances of Ministers shall be such as the Legislature of the State may from time to time by law determine and, until the Legislature of the State so determines, shall be as specified in the Second Schedule.
Article 165 – Advocate-General for the State-
1. The Governor of each State shall appoint a person who is qualified to be appointed a judge of a High Court to be Advocate-General for the State.
2. It shall be the duty of the Advocate-General to give advice to the Government to the State upon such legal matters, and to perform such other duties of a legal character, as may from time to time be referred of assigned to him by the Governor, and to discharge the functions conferred on him by or under this Constitution or any other law for the time being in force.
3. The Advocate-General shall hold office during the pleasure of the Governor, and shall receive such remuneration as the Governor may determine. Conduct of Government Business.
Article 166 – Conduct of business of the Government of a State-
1. All executive actions, of the Governor of a State shall be expressed to be taken in the name of Governor.
2. Orders and other instruments made and executed in the name of the Governor shall be authenticated in such manner as may be specified in rules to
be made by the Governor, and the validity of an order or instrument which is so authenticated shall not be called in question on the ground that it is not an order or instrument made or executed by the Governor.
3. The Governor shall make rules for the more convenient transaction of the business of the Government of the State, and for the allocation among
Ministers of the said business in so far as it is not business with respect to which the Governor is by or under this Constitution required to act in his discretion.
Article 167 – Duties of Chief Minister as respects to the furnishing of information to Governor-
It shall be the duty of the Chief Minister of each State-
- To communicate to the Governor of the State all decisions of the council of Ministers relating to the administration of the affairs of the State and proposals for legislation;
- To furnish such information relating to the administration of the affairs of the State and proposals for legislation the Governor may call for; and
- If the Governor so requires to submit for the consideration of the Council of Ministers any matter on which a decision has been taken by a Minister but which has not been considered by the Council.
Article 168 – Constitution of Legislatures in States-
(1) For every State there shall be a Legislature which shall consist of the Governor, and-
(a) in the States of Andhra Pradesh, Bihar, Madhya Pradesh], Maharashtra, Karnataka, Tamil Nadu Telangana and Uttar Pradesh, two Houses;
(b) in other States, one House.
(2) Where there are two Houses of the Legislature of a State, one shall be known as the Legislative Council and the other as the Legislative Assembly, and where there is only one House, it shall be known as the Legislative Assembly
Article 174 – Sessions of the State Legislature, prorogation and dissolution-
(1) The Governor shall from time to time summon the House or each House of the Legislature of the State to meet at such time and place as he thinks fit, but six months shall not intervene between its last sitting in one session and the date appointed for its first sitting in the next session.
(2) The Governor may from time to time— (a) prorogue the House or either House; (b) dissolve the Legislative Assembly.]
Article 175 – Right of Governor to address and send messages to the House or Houses —
(1) The Governor may address the Legislative Assembly or, in the case of a State having a Legislative Council, either House of the Legislature of the State, or both Houses assembled together, and may for that purpose require the attendance of members.
(2) The Governor may send messages to the House or Houses of the Legislature of the State, whether with respect to a Bill then pending in the Legislature or otherwise, and a House to which any message is so sent shall with all convenient despatch consider any matter required by the message to be taken into consideration.
Article 176 – Special address by the Governor-
(1) At the commencement of 2 [the first session after each general election to the Legislative Assembly and at the commencement of the first session of each year], the Governor shall address the Legislative Assembly or, in the case of a State having a Legislative Council, both Houses assembled together and inform the Legislature of the causes of its summons.
(2) Provision shall be made by the rules regulating the procedure of the House or either House for the allotment of time for discussion of the matters referred to in such address.
Article 188 – Oath or affirmation by members-
Every member of Legislative Assembly or the Legislative Council of a State shall , before taking his seat , make and subscribe before the Governor, or some person appointed in that behalf by him, an oath or affirmation according the form set out for the purpose in third schedule.
Article 192 – Decision on questions as to disqualifications of members-
(1) If any question arises as to whether a member of a House of the Legislature of a State has become subject to any of the disqualifications mentioned in clause (1) of article 191, the question shall be referred for the decision of the Governor and his decision shall be final.
(2) Before giving any decision on any such question, the Governor shall obtain the opinion of the Election Commission and shall act according to such opinion.]
Article 200 – Assent to Bills-
When a Bill has been passed by the Legislative Assembly of a State or, in the case of a State having a Legislative Council, has been passed by both Houses of the Legislature of the State, it shall be presented to the Governor and the Governor shall declare either that he assents to the Bill or that he withholds assent therefrom or that he reserves the Bill for the consideration of the President: Provided that the Governor may, as soon as possible after the presentation to him of the Bill for assent, return the Bill if it is not a Money Bill together with a message requesting that the House or Houses will reconsider the Bill or any specified provisions thereof and, in particular, will consider the desirability of introducing any such amendments as he may recommend in his message and, when a Bill is so returned, the House or Houses shall reconsider the Bill accordingly, and if the Bill is passed again by the House or Houses with or without amendment and presented to the Governor for assent, the Governor shall not withhold assent therefrom: Provided further that the Governor shall not assent to, but shall reserve for the consideration of the President, any Bill which in the opinion of the Governor would, if it became law, so derogate from the powers of the High Court as to endanger the position which that Court is by this Constitution designed to fill.
Article 201– Bills reserved for consideration-
When a Bill is reserved by a Governor for the consideration of the President, the President shall declare either that he assents to the Bill or that he withholds assent therefrom: Provided that, where the Bill is not a Money Bill, the President may direct the Governor to return the Bill to the House or, as the case may be, the Houses of the Legislature of the State together with such a message as is mentioned in the first proviso to article 200 and, when a Bill is so returned, the House or Houses shall reconsider it accordingly within a period of six months from the date of receipt of such message and, if it is again passed by the House or Houses with or without amendment, it shall be presented again to the President for his consideration.
Article 202 – Annual financial statement —(1) The Governor shall in respect of every financial year cause to be laid before the House or Houses of the Legislature of the State a statement of the estimated receipts and expenditure of the State for that year, in this Part referred to as the “annual financial
statement”.
(2) The estimates of expenditure embodied in the annual financial statement shall show separately—
(a) the sums required to meet expenditure described by this Constitution as expenditure charged upon the Consolidated Fund of the State; and
(b) the sums required to meet other expenditure proposed to be made from the Consolidated Fund of the State; and shall distinguish expenditure on revenue account from other expenditure.
(3) The following expenditure shall be expenditure charged on the Consolidated Fund of each State—
(a) the emoluments and allowances of the Governor and other expenditure relating to his office;
(b) the salaries and allowances of the Speaker and the Deputy Speaker of the Legislative Assembly and, in the case of a State having a Legislative Council, also of the Chairman and the Deputy Chairman of the Legislative Council;
(c) debt charges for which the State is liable including interest, sinking fund charges and redemption charges, and other expenditure relating to the raising of loans and the service and redemption of debt;
(d) expenditure in respect of the salaries and allowances of Judges of any High Court;
(e) any sums required to satisfy any judgment, decree or award of any court or arbitral tribunal;
(f) any other expenditure declared by this Constitution, or by the Legislature of the State by law, to be so charged.
Article 203 – Procedure in Legislature with respect to estimate-
(1) So much of the estimates as relates to expenditure charged upon the Consolidated Fund of a State shall not be submitted to the vote of the Legislative Assembly, but nothing in this clause shall be construed as preventing the discussion in the Legislature of any of those estimates.
(2) So much of the said estimates as relates to other expenditure shall be submitted in the form of demands for grants to the Legislative Assembly, and the Legislative Assembly shall have power to assent, or to refuse to assent, to any demand, or to assent to any demand subject to a reduction of the amount specified therein.
(3) No demand for a grant shall be made except on the recommendation of the Governor.
Article 205 – Supplementary, additional or excess grant-
(1) The Governor shall—
(a) if the amount authorised by any law made in accordance with the provisions of article 204 to be expended for a particular service for the current financial year is found to be insufficient for the purposes of that year or when a need has arisen during the current financial year for supplementary or additional expenditure upon some new service not contemplated in the annual financial statement for that year, or
(b) if any money has been spent on any service during a financial year in excess of the amount granted for that service and for that year, 125 cause to be laid before the House or the Houses of the Legislature of the State another statement showing the estimated amount of that expenditure or cause to be presented to the Legislative Assembly of the State a demand for such excess, as the case may be.
(2) The provisions of articles 202, 203 and 204 shall have effect in relation to any such statement and expenditure or demand and also to any law to be made authorising the appropriation of moneys out of the Consolidated Fund of the State to meet such expenditure or the grant in respect of such demand as they have effect in relation to the annual financial statement and the expenditure mentioned therein or to a demand for a grant and the law to be made for the authorisation of appropriation of moneys out of the Consolidated Fund of the State to meet such expenditure or grant.
Article 207 – Special provisions as to financial Bills-
(1) A Bill or amendment making provision for any of the matters specified in sub-clauses (a) to (f) of clause (1) of article 199 shall not be introduced or moved except on the recommendation of the Governor, and a Bill making such provision shall not be introduced in a Legislative Council: Provided that no recommendation shall be required under this clause for the moving of an amendment making provision for the reduction or abolition of any tax.
(2) A Bill or amendment shall not be deemed to make provision for any of the matters aforesaid by reason only that it provides for the imposition of fines or other pecuniary penalties, or for the demand or payment of fees for licences or fees for services rendered, or by reason that it provides for the imposition, abolition, remission, alteration or regulation of any tax by any local authority or body for local purposes.
(3) A Bill which, if enacted and brought into operation, would involve expenditure from the Consolidated Fund of a State shall not be passed by a House of the Legislature of the State unless the Governor has recommended to that House the consideration of the Bill.
Article 213 – Power of Governor to promulgate Ordinances during recess of Legislature-
(1) If at any time, except when the Legislative Assembly of a State is in session, or where there is a Legislative Council in a State, except when both Houses of the Legislature are in session, the Governor is satisfied that circumstances exist which render it necessary for him to take immediate action, he may promulgate such Ordinances as the circumstances appear to him to require: Provided that the Governor shall not, without instructions from the President, promulgate any such Ordinance if—
(a) a Bill containing the same provisions would under this Constitution have required the previous sanction of the President for the introduction thereof into the Legislature; or
(b) he would have deemed it necessary to reserve a Bill containing the same provisions for the consideration of the President; or
(c) an Act of the Legislature of the State containing the same provisions would under this Constitution have been invalid unless, having been reserved for the consideration of the President, it had received the assent of the President.
(2) An Ordinance promulgated under this article shall have the same force and effect as an Act of the Legislature of the State assented to by the Governor, but every such Ordinance—
(a) shall be laid before the Legislative Assembly of the State, or where there is a Legislative Council in the State, before both the Houses, and shall cease to operate at the expiration of six weeks from the reassembly of the Legislature, or if before the expiration of that period a resolution disapproving it is passed by the Legislative Assembly and agreed to by the Legislative Council, if any, upon the passing of the resolution or, as the case may be, on the resolution being agreed to by the Council; and
(b) may be withdrawn at any time by the Governor.
Explanation.—Where the Houses of the Legislature of a State having a Legislative Council are summoned to reassemble on different dates, the period of six weeks shall be reckoned from the later of those dates for the purposes of this clause.
(3) If and so far as an Ordinance under this article makes any provision which would not be valid if enacted in an Act of the Legislature of the State assented to by the Governor, it shall be void: Provided that, for the purposes of the provisions of this Constitution relating to the effect of an Act of the Legislature of a State which is repugnant to an Act of Parliament or an existing law with respect to a matter enumerated in the Concurrent List, an Ordinance promulgated under this article in pursuance of instructions from the President shall be deemed to be an Act of the Legislature of the State which has been reserved for the consideration of the President and assented to by him.
Article 217 – Appointment and conditions of the office of a Judge of a High Court.—(1) Every Judge of a High Court shall be appointed by the President by warrant under his hand and seal 2 [on the recommendation of the National Judicial Appointments Commission referred to in article 124A], and the Governor of the State, and, in the case of appointment of a Judge other than the Chief Justice, the Chief Justice of the High Court, 3 [shall hold office, in the case of an additional or acting Judge, as provided in article 224, and in any other case, until he attains the age of 4 [sixty-two years:]]
Provided that—
(a) a Judge may, by writing under his hand addressed to the President, resign his office;
(b) a Judge may be removed from his office by the President in the manner provided in clause (4) of article 124 for the removal of a Judge of the Supreme Court;
(c) the office of a Judge shall be vacated by his being appointed by the President to be a Judge of the Supreme Court or by his being transferred by the President to any other High Court within the territory of India.
(2) A person shall not be qualified for appointment as a Judge of a High Court unless he is a citizen of India and—
(a) has for at least ten years held a judicial office in the territory of India; or
(b) has for at least ten years been an advocate of a High Court 1*** or of two or more such Courts in succession.2***
(c)* * * * *
Explanation.—For the purposes of this clause—
3 [(a) in computing the period during which a person has held judicial office in the territory of India, there shall be included any period, after he has held any judicial office, during which the person has been an advocate of a High Court or has held the office of a member of a tribunal or any post, under the Union or a State, requiring special knowledge of law;]
4 [(aa)] in computing the period during which a person has been an advocate of a High Court, there shall be included any period during which the person
5[has held judicial office or the office of a member of a tribunal or any post, under the Union or a State, requiring special knowledge of law] after he became an advocate;
(b) in computing the period during which a person has held judicial office in the territory of India or been an advocate of a High Court, there shall be included any period before the commencement of this Constitution during which he has held judicial office in any area which was comprised before the fifteenth day of August, 1947, within India as defined by the Government of India Act, 1935, or has been an advocate of any High Court in any such area, as the case may be.
6 [(3) If any question arises as to the age of a Judge of a High Court, the question shall be decided by the President after consultation with the Chief Justice of India and the decision of the President shall be final.]
Article 219 – Oath or affirmation by Judges of High Courts.—Every person appointed to be a Judge of a High Court 1*** shall, before he enters upon his office, make and subscribe before the Governor of the State, or some person appointed in that behalf by him, an oath or affirmation according to the form set out for the purpose in the Third Schedule.
Article 243(1) – Constitution of Finance Commission to review financial position.—(1) The Governor of a State shall, as soon as may be within one year from the commencement of the Constitution (Seventy-third Amendment) Act, 1992, and thereafter at the expiration of every fifth year, constitute a Finance Commission to review the financial position of the Panchayats and to make recommendations to the Governor as to—
(a) the principles which should govern—
(i) the distribution between the State and the Panchayats of the net proceeds of the taxes, duties, tolls and fees leviable by the State, which may be divided between them under this Part and the allocation between the Panchayats at all levels of their respective 155 shares of such proceeds;
(ii) the determination of the taxes, duties, tolls and fees which may be assigned to, or appropriated by, the Panchayats;
(iii) the grants-in-aid to the Panchayats from the Consolidated Fund of the State;
(b) the measures needed to improve the financial position of the Panchayats;
(c) any other matter referred to the Finance Commission by the Governor in the interests of sound finance of the Panchayats.
(2) The Legislature of a State may, by law, provide for the composition of the Commission, the qualifications which shall be requisite for appointment as members thereof and the manner in which they shall be selected.
(3) The Commission shall determine their procedure and shall have such powers in the performance of their functions as the Legislature of the State may, by law, confer on them.
Article 243(2) – Finance Commission– The Governor shall cause every recommendation made by the Commission under this article together with an explanatory memorandum as to the action taken thereon to be laid before the Legislature of the State.
Article 267(2) – Contingency Fund– The Legislature of a State may by law establish a Contingency Fund in the nature of an imprest to be entitled “the Contingency Fund of the State” into which shall be paid from time to time such sums as may be determined by such law, and the said Fund shall be placed at the disposal of the Governor 1*** of the State to enable advances to be made by him out of such Fund for the purposes of meeting unforeseen expenditure pending authorisation of such expenditure by the Legislature of the State by law under article 205 or article 206. Distribution of Revenues between the Union and the States
Article 316 – Appointment and term of office of members.—(1) The Chairman and other members of a Public Service Commission shall be appointed, in the case of the Union Commission or a Joint Commission, by the President, and in the case of a State Commission, by the Governor of the State: Provided that as nearly as may be one-half of the members of every Public Service Commission shall be persons who at the dates of their respective appointments have held office for at least ten years either under the Government of India or under the Government of a State, and in computing the said period of ten years any period before the commencement of this Constitution during which a person has held office under the Crown in India or under the Government of an Indian State shall be included.
1 [(1A) If the office of the Chairman of the Commission becomes vacant or if any such Chairman is by reason of absence or for any other reason unable to perform the duties of his office, those duties shall, until some person appointed under clause (1) to the vacant office has entered on the duties thereof or, as the case may be, until the Chairman has resumed his duties, be performed by such one of the other members of the Commission as the President, in the case of the Union Commission or a Joint Commission, and the Governor of the State in the case of a State Commission, may appoint for the purpose.]
(2) A member of a Public Service Commission shall hold office for a term of six years from the date on which he enters upon his office or until he attains, in the case of the Union Commission, the age of sixty-five years, and in the case of a State Commission or a Joint Commission, the age of 2
[sixty-two years], whichever is earlier:
Provided that—
(a) a member of a Public Service Commission may, by writing under his hand addressed, in the case of the Union Commission or a Joint Commission, to the President, and in the case of a State Commission, to the Governor 3*** of the State, resign his office;
(b) a member of a Public Service Commission may be removed from his office in the manner provided in clause (1) or clause (3) of article 317.
(3) A person who holds office as a member of a Public Service Commission shall, on the expiration of his term of office, be ineligible for reappointment to that office.
Article 317 – Removal and suspension of a member of a Public Service Commission.—(1) Subject to the provisions of clause (3), the Chairman or any other member of a Public Service Commission shall only be removed from his office by order of the President on the ground of misbehaviour after the Supreme Court, on reference being made to it by the President, has, on inquiry held in accordance with the procedure prescribed in that behalf under article 145, reported that the Chairman or such other member, as the case may be, ought on any such ground to be removed.
(2) The President, in the case of the Union Commission or a Joint Commission, and the Governor 1*** in the case of a State Commission, may suspend from office the Chairman or any other member of the Commission in respect of whom a reference has been made to the Supreme Court under clause (1) until the President has passed orders on receipt of the report of the Supreme Court on such reference.
(3) Notwithstanding anything in clause (1), the President may by order remove from office the Chairman or any other member of a Public Service Commission if the Chairman or such other member, as the case may be,—
(a) is adjudged an insolvent; or
(b) engages during his term of office in any paid employment outside the duties of his office; or
(c) is, in the opinion of the President, unfit to continue in office by reason of infirmity of mind or body.
(4) If the Chairman or any other member of a Public Service Commission is or becomes in any way concerned or interested in any contract or agreement made by or on behalf of the Government of India or the Government of a State or participates in any way in the profit thereof or in any benefit or emolument arising therefrom otherwise than as a member and in common with the other members of an incorporated company, he shall, for the purposes of clause (1), be deemed to be guilty of misbehaviour.
Article 333 – Representation of the Anglo-Indian community in the Legislative Assemblies of the States.—Notwithstanding anything in article 170, the Governor 5*** of a State may, if he is of opinion that the Anglo-Indian community needs representation in the Legislative Assembly of the State and is not adequately represented therein, 6 [nominate one member of that community to the Assembly].
Article 355– Duty of the Union to protect States against external aggression and internal disturbance.—It shall be the duty of the Union to protect every State against external aggression and internal disturbance and to ensure that the Government of every State is carried on in accordance with the provisions of this Constitution.
Article 356 – Provisions in case of failure of constitutional machinery in States.—(1) If the President, on receipt of a report from the Governor of a State or otherwise, is satisfied that a situation has arisen in which the Government of the State cannot be carried on in accordance with the provisions of this Constitution, the President may by Proclamation—
(a) assume to himself all or any of the functions of the Government of the State and all or any of the powers vested in or exercisable by the Governor 1*** or any body or authority in the State other than the Legislature of the State;
(b) declare that the powers of the Legislature of the State shall be exercisable by or under the authority of Parliament;
(c) make such incidental and consequential provisions as appear to the President to be necessary or desirable for giving effect to the objects of the Proclamation, including provisions for suspending in whole or in part the operation of any provisions of this Constitution relating to any body or authority in the State: Provided that nothing in this clause shall authorise the President to assume to himself any of the powers vested in or exercisable by a High Court, or to suspend in whole or in part the operation of any provision of this Constitution relating to High Courts.
(2) Any such Proclamation may be revoked or varied by a subsequent Proclamation.
(3) Every Proclamation under this article shall be laid before each House of Parliament and shall, except where it is a Proclamation revoking a previous Proclamation, cease to operate at the expiration of two months unless before the expiration of that period it has been approved by resolutions of both Houses of Parliament: Provided that if any such Proclamation (not being a Proclamation revoking a previous Proclamation) is issued at a time when the House of the People is dissolved or the dissolution of the House of the People takes place during the period of two months referred to in this clause, and if a resolution approving the Proclamation has been passed by the Council of States, but no resolution with respect to such Proclamation has been passed by the House of the People before the expiration of that period, the Proclamation shall cease to operate at the expiration of thirty days from the date on which the House of the People first sits after its reconstitution unless before the expiration of the said period of thirty days a resolution approving the Proclamation has been also passed by the House of the People.
(4) A Proclamation so approved shall, unless revoked, cease to operate on the expiration of a period of 1[six months from the date of issue of the Proclamation]: Provided that if and so often as a resolution approving the continuance in force of such a Proclamation is passed by both Houses of Parliament, the Proclamation shall, unless revoked, continue in force for a further period of 2 [six months] from the date on which under this clause it would otherwise have ceased to operate, but no such Proclamation shall in any case remain in force for more than three years: Provided further that if the dissolution of the House of the People takes place during any such period of 2 [six months] and a resolution approving the continuance in force of such Proclamation has been passed by the Council of States, but no resolution with respect to the continuance in force of such Proclamation has been passed by the House of the People during the said period, the Proclamation shall cease to operate at the expiration of thirty days from the date on which the House of the People first sits after its reconstitution unless before the expiration of the said period of thirty days a resolution approving the continuance in force of the Proclamation has been also passed by the House of the People: [Provided also that in the case of the Proclamation issued under clause (1) on the 11th day of May, 1987 with respect to the State of Punjab, the reference in the first proviso to this clause to “three years” shall be construed as a reference to 4 [five years].]
(5) Notwithstanding anything contained in clause (4), a resolution with respect to the continuance in force of a Proclamation approved under clause (3) for any period beyond the expiration of one year from the date of issue of such Proclamation shall not be passed by either House of Parliament unless—
(a) a Proclamation of Emergency is in operation, in the whole of India or, as the case may be, in the whole or any part of the State, at the time of the passing of such resolution, and
(b) the Election Commission certifies that the continuance in force of the Proclamation approved under clause (3) during the period specified in such resolution is necessary on account of difficulties in holding general elections to the Legislative Assembly of the State concerned:]
2 [Provided that nothing in this clause shall apply to the Proclamation issued under clause (1) on the 11th day of May, 1987 with respect to the State of Punjab.]
Article 361 – Protection of President and Governors and Rajpramukhs
- The President, or the Governor or Rajpramukh of a State, shall not be answerable to any Court for the exercise and performance of the powers and duties of his office or for any act done or purporting to be done by him in the exercise and performance of those powers and duties;Provided that the conduct of the President may be brought under review by any Court, tribunal or body appointed or designated by either House of Parliament for the investigation of a charge under Article 61; Provided further that nothing in this clause shall be construed as restricting the right of any person to bring appropriate proceedings against the Government of India or the Government of a State.
- No criminal proceedings, whatsoever, shall be instituted, or continued against the President, or the Governor of a State, in any Court during his term of office.
- No process for the arrest or imprisonment of the President, or the Governor of a State, shall issue from any Court during his term of office.
- No civil proceeding in which relief is claimed against the President, or the Governor of a State, shall be instituted during his term of office in any court in respect of any act done or purporting to be done by him in his personal capacity, whether before or after he entered upon his office as President, or as Governor of such State, until the expiration of two months next after notice in writing has been delivered to the President or the Governor, as the case my be, or left at his office stating the nature of the proceedings, the cause of action therefor, the name, description and place of residence of the party by whom such proceedings are to be instituted and the relief which he claims.
70th Mains Examination Article
Topic: The Concept of Sustainable Development in Bihar
GS Paper – 2, Sec.- II
Sustainable development in Bihar signifies economic progress while preserving the environment and ensuring long-term benefits for society. Currently, Bihar faces significant challenges due to the adverse effects of El Niño, yet the state possesses abundant natural resources, a youthful population, and a rich cultural heritage, which provide immense opportunities for transformation. Below is a detailed account of the major areas and initiatives promoting sustainable development in Bihar:
1. Agriculture and Rural Development
- Promotion of Organic Farming: Transitioning towards organic farming by reducing the use of chemical fertilizers and pesticides to enhance soil fertility and improve water quality. This practice is being adopted in all districts along the Ganges.
- Irrigation and Water Management: Expanding irrigation systems with innovative technologies like solar-powered pumps, promoting water conservation methods like rainwater harvesting and drip irrigation. Significant progress has been made in this sector in districts like Rohtas.
- Agro-Entrepreneurship: Empowering farmers through training programs and establishing Farmer Producer Organizations (FPOs) to ensure their access to markets, technology, and financial resources. Crop diversification and promoting agro-based industries also aid in income generation.
2. Renewable Energy
- Solar Energy: Encouraging large-scale solar projects, rooftop solar panel installations, and solar-powered streetlights in rural areas to harness Bihar's solar potential.
- Use of Biogas and Biomass: Promoting biogas for cooking and biomass energy projects to reduce carbon emissions and provide energy in rural households.
3. Education and Skill Development
- Improving Access to Education: Strengthening infrastructure, teacher training, and digital literacy initiatives, particularly in rural areas, to enhance the quality of education at all levels. Thousands of teachers have been recruited through BPSC for this purpose.
- Skill Development Programs: Initiatives like the Kushal Yuva Program focus on enhancing youth employability through vocational and technical skills while supporting local entrepreneurship.
4. Healthcare Infrastructure
- Expanding Access to Healthcare: Increasing the availability of affordable and quality healthcare services, particularly in rural and backward areas.
- Community Health Awareness: Programs like Jeevika (Bihar Rural Livelihood Promotion Society) focus on issues like nutrition, hygiene, and maternal health to create awareness within communities.
5. Infrastructure Development
- Green Infrastructure: Promoting eco-friendly transportation options like electric vehicles, energy-efficient buildings, and sustainable urban planning.
- Improved Road Connectivity: Strengthening rural road infrastructure through initiatives like the Pradhan Mantri Gram Sadak Yojana (PMGSY) to connect remote areas with markets and services.
6. Environmental and Biodiversity Conservation
- Afforestation and Green Cover: Implementing large-scale afforestation projects under the Jal-Jeevan-Hariyali campaign to combat deforestation and climate change.
- Flood Management: Developing sustainable flood management systems, including embankments, early warning systems, and disaster preparedness to address Bihar's recurring flood challenges.
7. Urban Development
- Smart City Initiatives: Cities like Patna are focusing on energy-efficient buildings, advanced waste management systems, and integrating green spaces to promote sustainable urban planning.
- Solid Waste Management: Modern practices for waste collection, segregation, and recycling are being adopted in towns and cities.
8. Women Empowerment and Social Inclusion
- Empowering Women: Programs like Mukhyamantri Nari Shakti Yojana aim to provide education, skill training, entrepreneurship opportunities, and support through Self-Help Groups (SHGs) for women.
- Promoting Inclusion: Policies that address gender inequality and promote social inclusion ensure that marginalized communities actively participate in the development process.
9. Tourism Development
- Ecotourism and Heritage Tourism: Promoting sustainable tourism by leveraging historical sites like Bodh Gaya, Nalanda, and Rajgir. This supports local employment generation and preserves cultural heritage.
- Community-Based Tourism: Encouraging local participation in tourism activities to enhance livelihoods while creating environmentally conscious tourist experiences.
Government Initiatives Supporting Sustainable Development
- Bihar Renewable Energy Development Agency (BREDA): Promoting the state's transition to renewable energy through solar, wind, and bio-energy projects.
- Jeevika (BRLPS): Transforming rural livelihoods through poverty alleviation, financial inclusion, and skill development programs.
- Renewable Energy Policy: This policy aims to promote the development and utilization of renewable energy sources such as solar, wind, and biomass. It offers incentives and support mechanisms to encourage private investment in renewable energy projects.
- Climate Finance Cell: The establishment of this cell within the finance department aims to mobilize climate finance and integrate climate considerations into budgetary processes. This will help direct resources towards climate-resilient and low-carbon development pathways.
- Jal-Jeevan Hariyali Abhiyan: This flagship program focuses on water conservation, afforestation, and soil conservation. It aims to improve water security, enhance biodiversity, and mitigate the impacts of climate change.
- Agricultural Road Map: This initiative promotes sustainable agricultural practices, such as organic farming and water conservation, to enhance food security and reduce environmental impact.
- Clean Fuel Policy: This policy aims to promote the use of cleaner fuels, such as electric vehicles and biofuels, to reduce air pollution and greenhouse gas emissions.
Key Challenges and Opportunities:
- Poverty and Inequality: Bihar faces significant challenges in poverty reduction and addressing social inequalities.
- Environmental Degradation: Environmental issues like deforestation, soil erosion, and water pollution pose significant threats.
- Lack of Infrastructure: Inadequate infrastructure, particularly in rural areas, hinders development and economic growth.
- Human Capital Development: Investing in education and skill development is crucial to enhance human capital and create a skilled workforce.
Conclusion
Achieving sustainable development in Bihar requires collective efforts from the government, private sector, civil society, and local communities. By adopting innovative technologies, participatory governance, and inclusive policies, Bihar can unlock its true potential and ensure a resilient and prosperous future for its people. With the right strategies and implementation, the state can set a benchmark for sustainable development in India.
--------------------------------------
Anisha Shekhar Singh
Chief Editor
Bihar Naman Publication
Patna
Indian Polity
70th BPSC GS Mains Paper – 2, Sec. – I
Important Questions & PYQs
@Bihar Naman GS, Patna
- The values of democracy and the spirit of the constitution are accessory each other. In the context of the above statement, explain the features of Indian constitution that establishes Indian democracy.
- What are the fundamental rights granted to us by the Indian constitution? Describe. Is it right to criticize the fundamental right? Give your views.
- Describe the structure, power and function of the Central Election Commission. Is the Election Commission a fair and independent institution? Examine.
- Is “interest group” a termite for Indian federalism? Explain critically.
- Write short notes on any two of the followings:
(a) Election process of the President of India.
(b) Financial disputes in Center-state relations.
(c) Philosophy of the preamble of the Indian
- “The Directive Principles of State Policy gives to pledges and aspirations of the Indian constitution". Discuss and state its improtant.
- What is the amendment process of Indian constitution? Examine the relevance of the 103rd amendment act of the Indian constitution.
- What do you understand by judicial review? Why is it necessary and why is it criticized? Explain.
- Write short notes on any two of the followings:
(a) How sovereign do you think the Indian parliament is?
(b) Functions of collector.
(c) Fundamental Duties.
- Describe the Panchayati Raj system in Bihar at every level. Examine the role of Panchayati Raj in decentralized planning.
- What deficiencies do you see in administrative level in Bihar? How will you overcome this while discharging duties as an administrative officer? Explain.
- Write short notes on any two of the followings:
(a) Role of Governor in Bihar.
(b) Duties and responsibilities of commissioner.
(c) Why is public communication program necessary?
- Why is a constitution necessary for a state? Explain the making process of the Indian Constitution and the provisions taken in it from different countries.
- Analyze Indian democracy.
- Discuss the nature, importance and philosophy of the Preamble of the Indian Constitution.
- Why the Fundamental Right is called Fundamental? Describe the fundamental rights/rights given in the Indian Constitution.
- How can a fundamental right be amended? Write the basic structure of the Constitution and the distinctive features of Fundamental Rights.
- On what grounds a fundamental right can be criticized? Explain its utility.
- What are the fundamental duties of Indian citizens? Why is this necessary? Explain.
- Describe the Directive Principles of State Policy enshrined in the Indian Constitution. Explain with example how the Bihar government has implemented it in the state?
- What is the relation between Fundamental Rights and Directive Principles of State Policy? Discuss.
- Explain the amendment process in the Indian Constitution. How many amendments have been done in the Indian Constitution till now?
- "The office of the President in India is a symbol of the unity of the Indian state." Explain. Also explain the process of election of the President.
- Explain the power and functions of the President in India. How can he be removed from office? Discuss.
- How is the Governor appointed in Bihar? Describe their power and functions with reference to Bihar.
- "The Council of Ministers for the Chief Minister is as necessary as the Chief Minister for the state." Examine this statement in the context of Bihar.
- What are the main points of tension between Center-Bihar in the Indian federal system? Analyze. What should be done to rectify/fix it?
- Describe the structure, power and functions of the Election Commission of India.
- Is the Election Commission an independent and impartial body? Explain.
- "Election process is the lifeline of democracy but it is not completely fault-free." Explain. Suggest measures for its improvement.
- 'The citizen is alive.' This statement is said about the pressure group. Examine the above statement while discussing recent Indian developments.
- Are 'Interest Groups' a termite for Indian federalism? Critically explain.
- Explain the parliamentary sovereignty of India.
- What are the reasons for the rise of coalition politics in India? What can be the consequences of this type of politics growing in Bihar? Discuss.
- What is meant by judicial review? Why is this necessary? Why is it criticized? Explain.
- Explain judicial activism. Justify it with some examples.
- Explain the reasons for the rise of regionalism in India. Also discuss the central efforts to stop it.
- "Caste and religion have deep penetration in Indian politics." Explain this strategy in the context of India and Bihar.
- Write a note on the following:
(a) Gram Panchayat and its functions
(b) Powers, functions and powers of Sarpanch
(c) Zilla Parishad
(d) Role of Panchayati Raj Institutions in Decentralized Planning
- Discuss the achievements of the 73rd and 74th Amendment Acts with reference to Bihar.
- What are the provisions for the welfare of minorities by the Bihar government?
- Examine the Powers and Functions of the President of India.
- 'Examine the role of Election Commission of India in conducting Free and Fair election of 'Bihar Assembly Election-2020'. Regard this, Discuss on election campaign resources in Bihar.
- “Has the Governor been acting more of an ‘agent of the center’ rather than being the ‘constitutional head of state’.” Analyze in the light of recent controversies involving the post of Governor in Bihar.
- “Parliament’s power to amend the constitution is limited power and it cannot be enlarged into absolute power”. In light of this statement, explain whether parliament under article 368 of the constitution can destroy the basic structure of the constitution by expanding its amending power?
- "Critically examine the role of Governor in the State politics in India, particularly in Bihar. Is he a mere puppet?" the question asked in the General Knowledge Paper II examination of BPSC Mains read.
- What is e-governance; discuss the potential of e-governance with respect to Bihar and its future.
- “Pressure groups play a vital role in influencing public policy in making in India.” Explain how the business associations contribute to public policies.
- E-governance is not only about utilization of the power of new technology, but also much about the critical importance of the ‘use value’ of information.
- Do government’s schemes for up-lifting vulnerable and backward communities by protecting required social resources for them, lead to their exclusion in establishing businesses in urban economies?
70th BPSC MAINS | GS PAPER- 1, Sec.: II
By: Tarun Ranjan (C.O. Govt. of Bihar) & Santosh Kashyap
Bihar Naman Publishing House, Patna. https://biharnaman.in/
Introduction
India and Canada have long-standing bilateral relations based on shared democratic, pluralistic, and interpersonal values. India Canada relations are strengthened by an expanding network of bilateral agreements, official dialogues and memoranda of understanding.
Background of India Canada Relations
India and Canada have a long-standing bilateral relationship based on shared democratic values, two societies that are multi-ethnic, multicultural, and multireligious, and with strong people-to-people contacts. In recent years, both countries have worked to strengthen bilateral cooperation in a number of mutually beneficial areas. During the freedom struggle, many Indian migrants settled in Canada. “Swadesh Sevak Home” in Vancouver was instrumental in mobilising the Indians against British rule. In 1947, India and Canada established diplomatic relations after the independence. Both India and Canada share similarity in federal structure, as many of the constitution features such as federation with a strong Centre and vesting of residuary powers in the Centre were inspired by the Canadian constitution.
Main Body Part
In the early years of their relationship, India and Canada focused on cooperation in areas such as development assistance and education. During the Cold War period, India was the largest recipient of Canadian foreign aid. However, India-Canada relations were at a crossroads when India conducted nuclear tests. It became low again when Sikh terrorists blew up Air India Flight 182 in 1985. In the 1990s, with the economic liberalization of India, the relationship began to expand into new areas, such as trade and investment. Strategic partnership: A significant moment in this relationship occurred in April 2015, when the Indian Prime Minister Sri Narendra Modi visited Canada, elevating bilateral ties to a strategic partnership. In recent years both countries have been cooperating with each other in various dimensions.
Pillars of India Canada Relations
India and Canada have a comprehensive strategic partnership that encompasses a wide range of areas from political to cultural.
Political Relations
- On the Ministerial level, India and Canada have a strategic partnership that is supported by Ministerial Dialogues on foreign policy, trade and investment, finance, and energy.
- Several agreements have been signed between India and Canada, including the Air Services Agreement, Extradition Treaty, Nuclear Cooperation Agreement, and Social Security Agreement etc.
Commercial Relations
- Bilateral trade: India was Canada's tenth-largest trading partner in 2022, making it a priority market for the country. The trade balance favours India, bilateral trade between India and Canada is approximately $12 billion in 2023, but this does not reflect the true potential as only 1.95% of Canada's global trade is with India. India exports pharmaceuticals, gems and jewellery, textiles, and machinery to Canada, while Canada exports pulses, timber, pulp and paper, and mining products to India.
- FDI: According to Invest India, Canada is the 18th largest foreign investor in India, having invested approximately $3,306 million between April 2000 and March 2023.
- Agreement: Both parties are in technical negotiations for a Comprehensive Economic Partnership Agreement (CEPA), which will cover trade in goods, services, investment, trade facilitation, and other areas.
Cultural Relations
- Diaspora: India and Canada have a number of educational and cultural exchange programs. There are over 1.3 million Canadians of Indian origin. This is a significant aspect for soft power diplomacy of India. Canada has a sizable Indian diaspora, with Persons of Indian Origin (PIOs) and Non-Resident Indians (NRIs) accounting for more than 4% of the nation’s population. Recognizing this, the Canadian government in 2019, designated April as Sikh Heritage Month. From 2013 to 2022, the number of Indians granted permanent residency increased by 260%, indicating a stronger bond between the two countries. A sizable number of Indian immigrants have come to Canada as professionals, semi-professionals, skilled labourers, and entrepreneurs. Indian entrepreneurs have shown a growing interest in Canada's Startup Visa (SUV) programme over the years.
Canadian parliament has more than 15 indian-origin MPs, heading ministry portfolios in current cabinet. New Democratic Party, which is one of the largest party in Canada is headed by an Indian-origin person.
- Education: India has also been the top source country for international students in Canada since 2018. The Shastri Indo-Canadian Institute (SICI) was founded in 1968 to promote academic relations in the field of education. The Department of Earth Science and Polar Canada has launched a knowledge exchange and scientific research programme on Cold Climate (Arctic) Studies.
- Tourism: Canada is India's fourth largest source of tourists. During 2021, Canada accounted for 5.3% (80,437) of all Foreign Tourist Arrivals (FTAs) in India.
Technological Cooperation
- Research and development: The primary goal of Indo-Canadian science and technology cooperation has been to promote industrial R&D that has the potential for application through the development of new intellectual property, processes, prototypes, or products.
- IC-IMPACTS is a Canada-India Research Centre of Excellence dedicated to the development of research collaborations between Canada and India.
- Space: ISRO and CSA (Canadian Space Agency) have signed Memorandums of Understanding (MOUs) for cooperation in the field of space exploration and utilisation, as well as two Implementation Arrangements addressing satellite tracking and space astronomy. ISRO's commercial arm, ANTRIX, has launched nine nanosatellites in collaboration with the University of Toronto's Institute of Aerospace Studies (UTIAS).
- Nuclear energy: The Nuclear Cooperation Agreement (NCA) was signed with Canada in June 2010,which resulted in the formation of a Joint Committee on Civil Nuclear Cooperation. In 2015, India's Atomic Energy Regulatory Board (AERB) signed an agreement with the Canadian Nuclear Safety Commission (CNSC) to exchange experiences in nuclear safety and regulatory issues.
Challenges to India-Canada Relations
While there have been efforts to strengthen India-Canada Relations, several challenges have also emerged. Some of the key challenges to India-Canada relations include:
- Trade barriers: Trade has been a contentious issue between India and Canada. Both countries have faced trade barriers and restrictions, such as tariffs and non-tariff barriers, which have hindered the growth of bilateral trade. Recently, trade negotiations on the Free Trade Agreement between India and Canada have been paused again. Canada has expressed concerns about India's restrictions on agricultural imports, particularly in areas like pulse crops (e.g., lentils and chickpeas).
- Human rights issues: Canada has been vocal about human rights concerns in India, particularly related to the treatment of religious minorities, such as Sikhs and Muslims. On the other hand, India has expressed concerns over attacks on Hindu minorities and religious places. These issues have led to diplomatic tensions and differences in their respective approaches to human rights.
- Visa and immigration issues: Changes in visa and immigration policies in Canada, have led to concerns in India. Recently, India has suspended visas for Canadians, further escalating the tensions.
- Geopolitical issues: On issues such as Afghanistan, Iran, China, Pakistan, and terrorism, India and Canada have opposing viewpoints and interests. Disagreements over issues such as the political situation in Kashmir and the Khalistan movement in Canada have strained diplomatic relations. During the G20 meeting in New Delhi, India and Canada did not engage in bilateral discussions.
- Perceived lack of focus on India: The current Canadian government appeared to prioritise other regions, such as Asia and the Pacific, over its relationship with India. This may have been a concern for India, especially considering the emerging geopolitical importance of the Indo-Pacific region.
- Khalistan Issue: The Khalistani separatist movement has been a source of tension between India and Canada for many years. The movement advocates for the creation of an independent Sikh state, known as Khalistan, separate from India. The Growing influence of Khalistani advocacy in Canada: In recent years, the Khalistani issue has become more prominent in Canada due to the presence of a vocal Sikh diaspora in Canada, advocating for the Khalistan cause. This is due in part to the rise of social media and the spread of Khalistani propaganda online. India has expressed concerns about the influence of Canada-based Khalistan sympathisers and has criticised Canada for not taking stronger action against them.
- September 2023 escalation: The tensions between India and Canada flared up again over the Khalistani issue. Canadian Prime Minister accused India of being involved in a Sikh seperatist's assassination, a claim that India vehemently denied.
- G20 Summit: India and Canada met only on the sidelines of G20 Summit 2023 held in India. During the G20 summit, India held bilateral meetings with many world leaders but not with Canada.
- Pause in Trade negotiations: India-Canada Free Trade Agreement talks have been again postponed due to the concerns about pro-Khalistan activities.
- Ambassador removal: Both India and Canada expelled the senior diplomats. Moreover in recent, India has ordered Canada to reduce its diplomats in the country.
- Visa issue: As a result of absurd accusations and ongoing diplomatic tensions, India has suspended the processing of visas for Canadians wishing to visit India, both within India and in third-party countries.
- Role of Five Eyes and US: The ‘Five Eyes’ is a intelligence-sharing network of Australia, Canada, New Zealand, the United Kingdom and the United States. In a recent interview, the US Ambassador to Canada stated that "shared intelligence among Five Eyes partners" helped to lead Canada to the assertions made by the Canadian Prime Minister.
- India's perspective: The ongoing issue has further deteriorated the diplomatic relations between India and Canada. India has stated that such unsubstantiated allegations seek to divert attention away from Khalistani terrorists and extremists who have sought refuge in Canada and continue to pose a threat to India's sovereignty and territorial integrity.
Measures Needed to Strengthen India-Canada Relations
Despite the challenges, India and Canada remain important partners. Strengthening India-Canada relations in the current dynamic global landscape requires a multifaceted approach.
- Diplomatic engagement: Both India and Canada need to build trust and confidence at the political level in order to overcome the challenges that have strained their relations in recent years. This can be done through regular high-level dialogue and engagement through Track II diplomacy, as well as through increased cooperation on issues of common interest.
- Addressing the Khalistan issue: To effectively address the Khalistan issue, India must adapt its diplomatic approach. Both India and Canada should engage in open and inclusive dialogue to address the issue of the Khalistani separatism.
- Deepen economic cooperation: Both countries should work to reduce trade barriers, tariffs, and non-tariff barriers. India and Canada need to resume trade talks to negotiate a Comprehensive Economic Partnership Agreement (CEPA) between the two countries, as well as increase trade and investment flows. Investment: Infrastructure and transport are also potential areas for collaboration and investment. The ambitious ' smart cities' initiative in India provides opportunities for Canadian businesses.
- Strategic cooperation: There is a need to strengthen cooperation in key strategic areas such as the cooperation for a framework against terrorism, countering China in the Indo-Pacific region, and emphasising freedom of navigation and rule-based order.
- Environmental collaboration: India and Canada can collaborate on renewable energy projects and technology transfer, given both countries' commitments to sustainability and combating climate change.
- Promote people-to-people ties: Both India and Canada should involve cultural exchanges, educational programs, and other initiatives that would help to strengthen the mutual understanding and respect between the two peoples.
As the world’s most populous country, with the fifth-largest economy and second-largest military, India is still an invaluable partner to the West. Strengthening India-Canada relations will require commitment and concerted efforts from both governments. By addressing shared challenges and pursuing mutually beneficial opportunities, both countries can enhance their partnership and contribute to regional and global stability and prosperity.
Joint statement of the 6th India-Canada Ministerial Dialogue on Trade & Investment
1. India and Canada held the sixth Ministerial Dialogue on Trade & Investment (MDTI) in Ottawa on May 8, 2023, co-chaired by Shri Piyush Goyal, Union Minister of Commerce and Industry, Consumer Affairs and Food, and Public Distribution and Textiles, Government of India and the Hon’ble Mary Ng, Minister of International Trade, Export Promotion, Small Business and Economic Development, Government of Canada. The Ministers emphasised the solid foundation of the trade and economic relationship between India and Canada and recognized the significant opportunity to deepen bilateral ties and economic partnership.
2. The Ministers touched on the important discussions taking place at the various meetings of the G-20 being held in India this year under the Indian Presidency. In this context, Minister Ng noted India’s role as a global economy of the future and congratulated the Government of India and the Indian business organizations on the successes enjoyed so far at the G-20 events in India. She expressed her support for India as G20 Chair, and the priorities pursued by India in the G20 Trade and Investment Working Group.
3. In recognition of the critical importance of the Indo-Pacific region for Canada’s prosperity, security, and its capacity to address environmental challenges, Minister Ng noted the rolling out of Canada’s Indo-Pacific Strategy and noted India’s importance in the region.
4. The Ministers noted the resilience of bilateral trade in 2022 following the challenges of the COVID-19 pandemic and the disruptions caused by the war in Ukraine. Canada-India bilateral trade in goods reached nearly C$12 billion in 2022, a substantial 57% increase over the previous year. The Ministers also underlined the contribution of the services sector in furthering the bilateral relationship and noted the significant potential for increasing bilateral services trade which stood at C$8.9 billion in 2022. Ministers recognized the significant growth of two-way investments and their contribution to deepening economic and trade ties, appreciative of the improvements made by both countries to facilitate business growth and attract investment.
5. The Ministers noted that the trade-related strengths of India and Canada are complementary and real potential exists for trade in both goods and services to expand significantly in both traditional and emerging sectors. With that goal in mind, the Ministers called for boosting the commercial ties between the two countries through enhanced cooperation and by forging partnerships to take advantage of the complementarities in such sectors as agricultural goods, chemicals, green technologies, infrastructure, automotive, clean energy, electronics, and minerals and metals. The Ministers further asked their officials to discuss trade remedy issues of bilateral importance on a regular basis.
6. The Ministers emphasized the key institutional role that the MDTI can play to promote bilateral trade and investment ties and to strengthen economic cooperation between the two countries. Recognising the need for a comprehensive trade agreement to create vast new opportunities for boosting trade and investment flows between India and Canada, in 2022 the Ministers formally re-launched the India-Canada Comprehensive Economic Partnership Agreement (CEPA) negotiations. In pursuit of that goal, negotiations towards an Early Progress Trade Agreement (EPTA), as a transitional step towards the CEPA, have been underway and several rounds of discussions have already taken place. The EPTA would cover, among others, high level commitments in goods, services, investment, rules of origin, sanitary and phytosanitary measures, technical barriers to trade, and dispute settlement, and may also cover other areas where mutual agreement is reached.
7. The two sides also agreed to explore enhanced cooperation through measures such as coordinated investment promotion, information exchange and mutual support between the two parties in near future. This cooperation between India and Canada will be finalized by way of a Memorandum of Understanding (MoU) preferably in fall 2023.
8. The Ministers noted that global supply chains remain under the threat of disruption from the fallout of the COVID-19 pandemic, as well as the effects of the ongoing war in Ukraine. In this context, they discussed the continued importance of working together to promote the international rules-based order and supply chain resiliency in critical sectors. They emphasised enhancing cooperation in sectors such as clean technologies for infrastructure development, critical minerals, electric vehicles and batteries, renewable energy/hydrogen, and AI.
9. Recognising the importance of critical minerals for the future economy and green economy, the Ministers agreed on the importance of government to government coordination to promote critical mineral supply chain resiliency. Ministers also agreed to explore options for business to business engagement on critical minerals between the two countries, and have committed to an annual dialogue between the appropriate points of contact at the officials level on the margins of the Prospectors and Developers Association Conference in Toronto to discuss issues of mutual interest.
10. Both sides discussed the potential for strengthening the cooperation in the field of science, technology and innovation in priority areas by building on the ongoing work in the Joint Science and Technology Cooperation Committee (JSTCC) and seeking enhanced collaboration in the areas of start-ups and innovation partnerships. The Ministers agreed that there is significant potential to strengthen such cooperation and to enhance collaboration between their research and business communities in support of a sustainable economic recovery and the prosperity and wellbeing of their citizens.
11. The Ministers recognised the value of further deepening the India-Canada commercial relationship through initiatives such as organized fora for SMEs and women entrepreneurs.
12. Minister Mary Ng appreciated the visit of the Indian business delegation at the sidelines of the 6th MDTI which has enhanced B2B engagement. To continue the momentum of B2B engagement, both Ministers look forward to the relaunch the Canada-India CEO Forum with renewed focus and a new set of priorities. The CEO Forum could be announced at a mutually-agreed early date. Further, Minister Mary Ng announced that she looks forward to leading a Team Canada trade mission to India in October 2023 which was welcomed by Minister Goyal.
13. The Ministers noted the significant movement of professionals and skilled workers, students, and business travelers between the two countries, and its immense contribution to enhancing the bilateral economic partnership and, in this context, noted the desire for enhanced discussions in the area of migration and mobility. Both sides agreed to continue to discuss ways to deepen and strengthen the bilateral innovation ecosystem through an appropriate mechanism to be determined. In addition, in accordance with Canada’s Indo-Pacific Strategy, further investments will be made to support industrial research and development partnerships.
14. In line with the announcement made in the National Education Policy 2020 of India for facilitating foreign universities and educational institutions, India also invited top Canadian Universities to set up their campuses in India.
15. The Ministers noted that India and Canada have agreed to an expanded air services agreement in 2022 which enhances people to people ties through enhanced commercial flights by carriers of both the countries.
16. The Ministers reaffirmed their commitment to the rules-based, transparent, non-discriminatory, open, and inclusive multilateral trading system embodied by the World Trade Organization and concurred to work together to further strengthen it.
17. The Ministers agreed to remain engaged to provide sustained momentum including having an annual work plan which is reported on a regular basis to build linkages and strengthen cooperation across sectors to harness the full potential of the trade and investment relationship between India and Canada.
Recent Developments (Till 31st December 2023)
- Canadian Prime Minister Justin Trudeau made a statement in the House of Commons of Canada (also by Canadian Foreign Minister Mélanie Joly later) on September 18, 2023 which were rejected by India on September 19, 2023. On September 20, 2023 an advisory for Indian nationals and Indian students in Canada was issued. On September 21, 2023 visa services for Canadian nationals were suspended. On October 26, 2023 visa services in four categories were resumed. On November 22, 2023 e-visas for Canadian nationals in certain categories were resumed.
- During Hon’ble Prime Minister of India Shri Narendra Modi’s visit to Canada from April 14-16, 2015, he visited Ottawa, Toronto and Vancouver; held extensive discussions with Canada’s political, business and academic leaders and also addressed a gathering of around 10,000 diaspora S friends of India. Several Agreements/MoUs were also signed.
- Canadian Prime Minister Right Honourable Justin Trudeau, accompanied by 6 Federal Ministers and 13 Parliamentarians, paid a State Visit to India from February 18-24, 2018, at the invitation of Hon’ble Prime Minister of India. During the visit, India and Canada signed six Agreements/MoUs to increase our cooperation in areas such as education, sport, intellectual property, information and communication technology, science and innovation and civil nuclear cooperation.
- During COVID-19 pandemic, both Prime Ministers spoke three times telephonically and discussed, inter alia, collaborations in research S technology for vaccines, medicines supply from India, evacuation of stranded Indians and Canada’s requirement of COVID vaccine from India.
- The two Prime Ministers met on the sidelines of G-7 Summit at Elmau (Germany) on June 27, 2022 and discussed ways to further strengthen the India-Canada relations across various sectors.
- The Canadian Foreign Minister (FM) Mélanie Joly visited India and held India-Canada Strategic Dialogue with Hon’ble EAM on February 06, 2023. She visited India again to attend G-20 Foreign Ministers’ Meeting (March 01-02, 2023) and Raisina Dialogue (March 03, 2023). EAM met FM Joly in Jakarta on July 14, 2023 on the margins of 30th ASEAN Regional Forum Meeting.
- Canadian DPM and Finance Minister, Chrystia Freeland visited Bengaluru from February 23- 25, 2023 to participate in the G-20 Finance Ministers and Central Bank Governors Meeting. Hon’ble Finance Minister Nirmala Sitaraman met DPM again on April 14, 2023 in Washington DC on the sidelines of the Spring Meetings of the IMF and World Bank Group. Both the Finance Ministers met again on July 16, 2023 in Gandhinagar on the sidelines of another G20 Finance Ministers and Central Bank Governors Meeting.
- Hon’ble Defence Minister (India) Rajnath Singh had a telephonic conversation with the then Canadian Minister of National Defence Anita Anand on April 19, 2023.
- Hon’ble CIM Piyush Goyal (India) visited Canada from May 07-11, 2023 and co-chaired with Canadian Minister for International Trade Mary Ng the 6th Ministerial Dialogue on Trade and Investment (MDTI) held in Ottawa on May 08, 2023. He also visited Toronto and held business meetings.
- The Canadian Minister for International Development, Harjeet Sajjan visited India to participate in G-20 Development Minister’s Meeting in Varanasi on June 11-13, 2023.
- Marie-Claude Bibeau, then Minister of Agriculture of Canada visited India to attend G-20 Agriculture Ministers Meeting in Hyderabad from June 15-17, 2023.
- Steven Guilbeault, Minister of Environment and Climate Change of Canada visited India to attend G-20 Environment and Climate Sustainability Ministers Meeting in Chennai on July 28, 2023.
- Canadian Minister for International Trade Mary Ng attended the G20 Trade and Investment Ministerial Meeting in Jaipur on 24-25 August 2023.
- Mr. Scott Moe, Premier of Saskatchewan Province of Canada visited India with a trade delegation from February 26-March 03, 2023.
- Mr. Ranj Pillai, Premier of the Yukan Province of Canada, along with a business delegation, paid an official visit to India from 13-16 September 2023. During his visit, he, inter alia, met the Hon’ble Chief Minster of Kerala.
- Hon’ble Speaker of Lok Sabha, Shri Om Birla, alongwith a Parliamentary delegation comprising six Hon’ble MPs, visited Canada to attend 65th Commonwealth Parliamentary Conference organised by Canada CPA Branch in Halifax from 20-26 August 2022. On the sidelines of 65th CPC, the Hon’ble Speaker of Lok Sabha met, inter alia, then Speaker of the House of Commons of Canada, Anthony Rota and then Speaker of Senate of Canada, George J. Furey.
- Both sides have dialogue mechanisms such as Ministerial level- Strategic, Trade and Energy dialogues; Foreign Office Consultations; Joint Committee Meeting on Environment and other sector specific joint working groups (JWG).
- An MoU between DRDO and Canadian Commercial Corporation (CCC) for development of military and defence related technology, infrastructure, training and services was signed in October 2016 which was renewed in 2021.
- There is engagement on counter terrorism issues particularly through the framework of the Joint Working Group (JWG) on Counter Terrorism set up in 1997. The security cooperation was further enhanced with the Framework for Cooperation between India and Canada on Countering Terrorism and Violent Extremism signed in February, 2018.
- A Nuclear Cooperation Agreement (NCA) with Canada was signed in June 2010 and came into force in September 2013. The Appropriate Arrangement (AA) for the NCA was signed in March 2013, under which a Joint Committee on Civil Nuclear Cooperation was constituted. During Prime Ministers visit to Canada (April 2015), Department of Atomic Energy and M/s CAMECO Inc. signed an agreement for supply of uranium ore concentrate to India in 2015-2020. Under the Agreement signed between India and Canada for “Cooperation in Peaceful uses of Nuclear Energy” in 2010, a Joint Committee to oversee the implementation of the agreement was constituted.
- India’s Atomic Energy Regulatory Board (AERB) signed an Arrangement with the Canadian Nuclear Safety Commission (CNSC) in September, 2015 to exchange experiences in nuclear safety and regulatory issues. An MOU between the Department of Atomic Energy, India and the Department of Natural Resources of Canada concerning cooperation in the fields of Science, Technology and Innovation was signed during the visit of Prime Minister Justin Trudeau in February 2018.
- An India and Canada Ministerial level Energy Dialogue was held in September, 2016. During the visit of Canadian Prime Minister to India in February 2018, the scope of the Energy Dialogue was expanded to additionally include electricity, energy efficiency and renewable.
- Secretary, Ministry of Petroleum S Natural Gas, Government of India participated at the World Petroleum Congress 2023 in Calgary, Canada, from September 17-20, 2023.
- ISRO and Canadian Space Agency (CSA) signed two MoUs in the field of exploration and utilization of outer space in October 1996 and March 2003, under which two implementing Arrangements regarding satellite tracking and space astronomy were signed. ANTRIX, the Commercial arm of ISRO, has launched several Nano satellites from Canada. ISRO in its 100th Satellite PSLV launched in January 2018, also flew Canadian first LEO satellite.
- The trade and investment linkages between India and Canada form an integral component of the multi-faceted partnership between the two countries. Bilateral trade in goods amounted to USD 10.50 billion in 2022 (India's exports: USD 6.40 billion and India's imports: USD 4.10 billion) which is well below the business potential of the two countries. The bilateral trade in services in 2022 was USD 8.74 billion. In 2023 (January – October), bilateral trade in goods amounted to USD 7.65 billion (India's exports: USD 4.70 billion and India's imports: USD 2.95 billion).
- Canadian Pension Funds have cumulatively invested over US$ 75 billion in India and are increasingly viewing India as a favorable destination for investments.
- More than 600 Canadian companies have a presence in India and more than 1,000 companies are actively pursuing business in the Indian market. Indian companies in Canada are active in the field such as Information Technology, software, steel, natural resources and banking sectors.
- Major items of India's exports to Canada include gems, jewellery and precious stones, pharmaceutical products, ready-made garments, mechanical appliances, organic chemicals, light engineering goods, iron & steel articles, etc. India’s imports from Canada include pulses, newsprint, wood pulp, asbestos, potash, iron scrap, copper, minerals and industrial chemicals, etc.
- A Memorandum of Understanding on Cooperation in Information and Communication Technology and Electronics (ICTE) was signed in 2012. A Joint Declaration of Intent (JDI) for cooperation in the field of ICTE was signed during the visit of Prime Minister Trudeau in February 2018.
- Secretary, Department of Science S Technology, India led a delegation to Ottawa for the 7th India-Canada Joint Science and Technology Cooperation Committee (JSTCC), which he co- chaired with Deputy Minister of International Trade at Global Affairs Canada in May 2022. On the sidelines of the JSTCC, an MoU on Cooperation in industrial research, Development & Innovation, between DST and the National Research Council of Canada (NRC) was signed. Department of Science & Technology and Department of Biotechnology also signed an MoU with Natural Sciences and Engineering Research Council of Canada (NSERC) for cooperation in Science & Technology.
- Department of Earth Science and Polar Canada have started a programme for exchange of knowledge and scientific research on Cold Climate (Arctic) Studies. A Memorandum of Cooperation between NCPOR and POLAR Canada was signed in February 2020.
- Department of Biotechnology (DBT) under IC-IMPACTS program implements joint research projects in health care, agri-biotech and waste management. Under “Mission Innovation” program, India is collaborating with Canada in various activities in the areas of Sustainable Biofuels (IC4).
- On the request from Canadian government in February 2021 for COVID-19 vaccines, India approved export of 2 million Covishield vaccines to Canada under commercial agreement between Serum Institute of India and Verity Pharmaceuticals of Canada. On March 3, 2021, first tranche of 500,000 doses of vaccines arrived from India to Canada. In order to provide COVID-19 support to India, Canadian Government donated C$10 million to Canadian Red Cross to assist Indian Red Cross Society, in the form of oxygen plants, oxygen concentrators, ventilators etc. Supports from other provinces of Canada also reached India.
- Education is a key area of mutual interest. India is the largest source country of foreign students with estimated 230,000 Indian students studying in Canada.
- The MoU on Higher Education (2010) with Canada was renewed in February 2018. Under this MoU, a Joint Working Group oversees and implements the MoU.
- The Shastri Indo-Canadian Institute (SICI) is a bi-national organization fostering, education and cultural cooperation and collaboration between India and Canada including through consortium of 120 Universities and institutions of higher learning and research.
- Recognizing the dynamic role of people-to-people ties in the India-Canada partnership, both sides agreed to address consular issues of mutual concern through discussion during Prime Minister Trudeau’s visit to India in 2018. The India-Canada Consular Dialogue has been instituted under this (last meeting in November 2022).
- With nearly 1.8 million diaspora and another 1 million Non Resident Indians, Canada hosts one of the largest Indian Diaspora abroad, which account for more than 3% of its total population. The diaspora, whose main concentration is in the Greater Toronto Area, the Greater Vancouver area, Montreal (Quebec), Calgary (Alberta), Ottawa (Ontario) and Winnipeg (Manitoba) have contributed significantly to the Canadian polity, economy society.
- There are numerous business and Diaspora organizations, supporting enhanced bilateral relations between the two countries.
- There is an India - Canada Co-production Agreement in films. Canada Post and India Post joined hands to issue a commemorative stamp in 2020 and 2021.
- In October 2020, Canada announced the voluntary repatriation of ancient Annapurna statue which was illegally acquired by a Canadian collector and had been kept at University of Regina. The statue has since been handed over to India and has been placed inside Kashi Vishwanath temple in Varanasi in November 2021.
- ICCR chairs have been established at the following Universities: - McGill, Alberta, SFU, Calgary and Guelph.
Conclusion
To rebuild strained Indo-Canadian relations, both nations must shift towards a more constructive engagement that acknowledges their respective concerns and grievances. Quiet and mature diplomacy should replace confrontational tactics. In the pursuit of a harmonious relationship, mutual respect and understanding are essential, and only through constructive engagement can these goals be achieved.
*****
Practice Mains Question for 70th BPSC MAINS
[Q. 1] Discuss the challenges faced by migrants and the diaspora in terms of uncertainty about their own status in Canada and India. Suggest ways to protect & empower the immigrants.
[Q. 2] India and Canada bilateral relations face multiple challenges. Comment in the light of recent developments.
[Q. 3] Analyze the multifaceted nature of India-Canada relations, highlighting key areas of cooperation and challenges. How can both countries work towards resolving these challenges and strengthening their strategic partnership in the Indo-Pacific region?