Wednesday, July 22, 2020

Late Sultan Qaboos’s Legacy And What’s Next For Oman

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Vanshita Banuana

Article Title

Late Sultan Qaboos’s Legacy And What’s Next For Oman

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Global Views 360

Publication Date

July 22, 2020

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Late Sultan Qaboos of Oman

Late Sultan Qaboos of Oman | Source: U.S. Department of State via Flickr

On the morning of January 11, 2020, the citizens of Oman awoke to the news that Sultan Qaboos Bin Said, the monarch of the small Gulf nation, had passed away the previous day after a 49-year rule.

The late Sultan Qaboos came to power in 1970, after he overthrew his conservative father in a palace coup with the help of the British. He then set about modernising his impoverished country, using Oman’s newfound oil wealth to fund its infrastructure. When he took over the throne, Oman had only three schools and harsh laws banning electricity, radios, eyeglasses and even umbrellas. By the time he left, Oman developed a good education system, a robust economy, and has become a tourist destination.

Apart from bringing about this ‘renaissance,’ Qaboos also gained worldwide fame for championing neutrality and constructive diplomacy. Despite being located in the Strait of Hormuz in the turbulent Middle East, he maintained relations with countries ranging from Saudi Arabia, Qatar, Iran, Israel, and Palestine, and also with the Houthi rebels in Yemen. Perhaps the greatest result of this long-standing policy was enabling backchannel talks between the US and Iran which led to an international nuclear deal.

Sultan Qaboos also introduced democratic institutions in Oman, issuing the country’s first constitution, granting universal suffrage to all citizens above 21, and allowing the country’s first municipal elections in December 2012. However, he also suppressed dissent to the extent of shutting down news outlets and arresting protestors, journalists and activists, sometimes for opinions expressed on social media.

Oman experienced ripple effects of the Arab Spring in the form of months of protests against corruption and unemployment; and eventually Sultan Qaboos relented by giving more legislative powers to the Council of Oman and promising to increase wages and create jobs. While this satisfied the protestors, it did not mean life under ‘Baba Qaboos’ was all roses and no thorns for everyone. As detailed in this 2020 Periodic Review by Human Rights Watch, Sultan Qaboos revised Oman’s penal code in January 2018, which included “increasing punishments for offenses that relate to the peaceful exercise of freedom of expression.

The last few years of Qaboos’ rule saw economic stagnation and a crash in global oil prices which resulted in high youth unemployment rates  in a country where a significant portion of the population is under the age of 25. The large budget deficits and high debt have prompted the rating agencies such as Moody’s to downgrade Oman’s credit rating to ‘junk’ status. In an attempt to reduce the dependence on oil, Sultan Qaboos launched ‘Vision 2020’ to encourage innovation in other areas. This initiative failed to meet the objective and got renamed as ‘Vision 2040.’

This was the scene laid out for the new Sultan Haitham Bin Tarik, who was designated the new ruler of Oman as per a secret envelope containing late Sultan Qaboos’ choices for his successor.

Haitham bin Tarik was the Minister of Heritage and Culture before his accession to the throne, and also happens to have been the Chairman of the ‘Vision 2040’ committee, among other posts. In his first royal speech, he vowed to continue in the footsteps of his predecessor, especially in regards to the state’s foreign policy. In another royal speech in February, he charted a ‘future roadmap’ for Oman and claimed that he will prioritize education and youth employment. He has been active in these past six months, having issued 70 Royal Decrees concerning appointments, amendments, and new laws, among others.

Sultan Haitham is already being put to the test as Oman battles the COVID-19 along with the rest of the world. Omanis are looking at a new vision with renewed hope, one of the new sultan who brings with him great promises and perhaps a renaissance of its own kind. Will Oman be able to maintain its tradition of neutrality? Will the fight for a progressive and inclusive Oman find its voice? Will Oman be able to save itself from the consequences of a glut in crude oil economy? The citizens of Oman hope and wish that their new sultan will get the right answer and steer the country towards a more secure and prosperous future.

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March 4, 2021 4:43 PM

Does giving the Lieutenant Governor more authoritative power have an impact on India's Federal structure?

On 3rd of February 2021, the NCT bill cleared by cabinet along with 20 other bills proposed to be introduced in the parliamentary session. The amendment was passed on 9th of February in the Rajya Sabha.

“The Bill proposed to amend the Government of National Capital Territory of Delhi Act, 1991, in the context of judgment dated 14.02.2019 of Hon’ble Supreme Court (Division bench) in Civil Appeal No 2357 of 2017 and other connected matters.”

The article explains the timeline and the practical implications of the NCT Amendment Act 2021 on the federal structure.

The Centre's amendments to the NCT of Delhi Act, gives more powers to the Lieutenant Governor and Delhi’s Kejriwal government were totally against the amendment as due to their bitter experience with the previous and current LG.

The Arvind Kejriwal government described the NCT Bill, as a murder of constitutional democracy and accused BJP of secretively drafting the amendments so as to govern Delhi in an unconstitutional manner using the LG's office.

The new amendment is expected to now clearly define the powers and functions of the Lieutenant Governor and the Delhi Government based on the 2019 judgement. The amendments add a category of bills, which fall outside the ambit of Delhi legislative assembly and which the Lieutenant Governor must reserve for consideration of the President. This category is supposedly added for the sake of “better governance” and to reduce potential conflicts. The amendments also specify that the elected government needs to send legislative proposals to Lieutenant-Governor (LG) at least 14 days in advance to seek his opinion and avoid any delays.

The tussle between the Delhi government and the Centre reached the Supreme Court 2017. The honourable Supreme court defined the role of the LG in Delhi and ruled that the LG cannot interfere in every decision of the Delhi Government. The tussle between the Union and Delhi government has that Article 239 AA of the Constitution at its core. The Article 239 AA gives Delhi the special recognition of a Union Territory with a Legislative Assembly that has a lieutenant governor as its administrative head.

In July 2018, a five-judge Constitution bench of the Supreme Court led by Chief Justice Dipak Misra stated that the lieutenant governor’s powers in the National Capital were only limited to land, police and public order.

“The lieutenant governor must work harmoniously with the elected government. The LG is the administrative head but can’t act as an obstructionist”, the bench stated. The supreme court also stressed upon the fact that the power and status of the LG was different from the state governors. They mentioned that the Lieutenant Governor must not be an obstructionist and must work harmoniously with the Delhi government. “There is no room for absolutism and no room for anarchy,” the bench stated. The verdict is not complete yet as the issue of services divided the bench that delivered the order and the matter is now addressed by a three-judge bench on the Supreme Court which has not concluded the hearing yet.

So far, the AAP has argued that former LG Najeeb Jung and the current LG Anil Baijal are undermining the federal structure of the Republic of India by objecting the decisions made by the Delhi government and overruling their authority in bureaucratic matters.

Former LG of Delhi with Prime Minister Modi | Source: Wikimedia

In July 2013, Najeeb Jung took charge as the LG of Delhi and Arvind Kejriwal swore in as the Chief Minister (CM) of Delhi in December 2013. After 49 days of governance, Arvind Kejriwal stepped down as his minority government was unable to pass the anti-corruption legislation due to lack of support provided by other political parties. In February 2015, the Aam Aadmi Party came back to power by a staggering majority of 67 out of 70 seats. However, the party faced a higher veto obstruction while making several decisions. In May 2015, LG Jung annulled all the bureaucratic postings by Delhi government and stated that power to appoint and transfer rests with him.

In June 2015, five officers of Bihar Police joined Delhi Government’s Anti-Corruption Branch (ACB). Jung rejected their employment at the ACB claiming that he was the person in charge even before the new amendment. In the same month, the Delhi government replaced the Home Secretary Dharam Pal and Jung obstructed the decision by vetoing the order. When the AAP government decided to hike circle rates in Delhi for agricultural land, the former LG Jung objected to the decision although the State government has the complete authority to take such decisions. In another instance in 2016, Jung set up a panel to probe over 400 files related to decisions taken by Delhi government. The CM of Delhi deemed it to be illegal.

Kejriwal and the AAP government blamed the former LG and Prime Minister Narendra Modi for the CBI raids of his office, FIRs filed by ACB against Arvind Kejriwal and former Delhi CM Late Sheila Dikshit in water tanker scam, restriction of control on appointing state bureaucrats and general obstruction of decisions.

Anil Baijal, the now LG of Delhi with Defence Minister Rajnath Singh | Source: Wikimedia

On 31st December 2016, Anil Baijal swore in as the Lieutenant Governor of Delhi. While the tussle between AAP and the LG continued, the alleged assault of Chief Secretary Anshu Prakash by AAP leaders at CM Arvind Kejriwal’s residence in February 2018 gave a new momentum to the tug of war.

Following the incident, the IAS association reportedly skipped routine meetings with ministers as a mark of protest but claimed that they have not suspended work. Before that, on December 2017, the turf war between Kejriwal and Baijal reached Parliament, with a Rajya Sabha member claiming that the CM was being treated like a “peon”.

In 2018, the AAP government demanded LG’s approval for the proposal for doorstep delivery of rations and also demanded grant of complete statehood for Delhi and installation of CCTVs. Baijal did not approve both the demands directly and further complicated the process. Kejriwal stated that the LG rejected the demands over “petty-politics”.

In June 2018, Delhi CM Arvind Kejriwal sat in a nine-day long hunger strike at the Lieutenant Governor’s office against the “strike” by IAS officers and Kejriwal wrote to Prime Minister Narendra Modi, requesting him, “with folded hands”, to intervene and end the agitation of the IAS officers.

The Aam Aadmi Party argues that the BJP is hell bent on ruining efficient governance of Delhi through the LG. Critics believe that the tussle has failed the federal system of our Democracy.

Chief Justice Dipak Misra, Justice Sikri and Justice Khanwilkar, in their written opinion devoted a significant portion to explain the understanding of federalism, and its fusion with democracy to achieve an “egalitarian social order”. According to our Constitutional scheme neither the States isolated islands, with their distinct vision, nor the Union government can make decisions that are meant to affect the interests of the States. The Chief Justice highlighted that there should be a sincere effort to avoid conflict and not encroach on each other spheres in a collaborative framework of federalism. To exercise authority, “there should be perception of mature statesmanship so that the constitutionally bestowed responsibilities are shared by them.” To attain the ideal balance in a federal structure, the Chief Justice suggested the Union and the States to have “mutual respect and deference to actualise the workability of a constitutional provision.”

Collaborative federalism involves healthy negotiation and coordination between the Union and State governments to ensure that the governance works within the circumference of the Constitution and in harmony.

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