The Hindu Newspaper Analysis – 02 March 2021

The Future of JCPOA

  • The JCPOA or the Joint Comprehensive Plan of Action also called as Iran Nuclear Deal or P5+1 seemed to be shelved under the Trump regime as the former president had discarded the same and continued to impose sanctions on Iran.
  • The JCPOA or the P5+1 was a result of negotiations from 2013 to 2015 between Iran and P5+1 nations, namely,
    • China
    • France
    • Germany
    • Russia
    • UK
    • USA
    • European Union
  • With this the deal came into existence and Iran agreed to put a hold on its nuclear enrichment program or production of any nuclear weapons in return to lift of the sanctions imposed on it by the USA and others, also allowed the inspection by IAEA or the International Atomic Energy Agency.
  • USA was under the Obama regime and was greatly aided by Oman in this diplomatic outcome for the USA.
  • But with the incoming of Trump, the scenario seemed to topple and the scenario returned to the pre-Nuclear deal time and Iran seemed to be very agitated and returned to the maximum resistance strategy against the USA.
  • Iran went on to pursue its interests in the nuclear field as it was subjected to sanctions and others. Later we saw the death of Gen. Qasem Soleiman of the IRCGC that seemed to shake the roots of Iran. The sanctions of the USA also affected various capacities of Iran in banking, finance, energy, shipping among others.
  • This was followed by the incoming of COVID 19 where Iran saw a huge rise in infections up to 1.6 million and over 60000 deaths. The economy of Iran contracted by 7% and they also saw that the Natanz nuclear facility was subject to accidents.
  • Post this, a senior nuclear scientist, Mohsen Fakhrizadeh died in a terror attack even then Iran continued it nuclear enrichment and looked increasingly agitated at how things went by and the problems surrounded it. This could have been the time where Iran would move in any manner and take any offensive stance.
  • Trump’s policy though sobered the reactions of Saudi and Israel but it wasn’t suited for the growth of long-term geopolitics of the region.
  • At this point the E3 which included Germany, France, and UK continued their negotiations with Iran even though the USA didn’t and this kept the appetite of Iran for talks quite open; now when Biden seems to bring Iran to the negotiating table, its appetite needs to grow and space has to be made further.
  • Biden administration has done a good thing by appointing Robert Malley as a special envoy of the USA for Iran, further we would see collaboration vis a vis COVID 19 and the vaccines.
  • This would well result in a diplomatic summit on the line of the Al UIa Summit and coming together of the nations to bring back Iran and give it a legitimate place and not treat it like a menacing angle of the world geopolitics.
  • Iran needs to cooperate in this regard and refrain from any nuclear brinkmanship as well. Several countries, one among which is Belgium will have an opportunity to take the lead in this aspect.

Collegium and Interference

  • The author speaks about the wrongs that have been taking place with the judicial system and the factors that have come into play.
  • He goes on to point out the first aspect about the former Chief Justice of India, Ranjan Gogoi who was charged with allegations of Sexual Harassment but he was able to make his way out of it by instituting Suo moto proceedings despite being the prime accused, he presided over the same and delivered the verdict as well.
  • Then he speaks about former CJI Gogoi who was among those judges who alleged former CJI Deepak Mishra was making use of Master of the Roster power to his advantage and allocating cases to the benches according to his whims and fancies but when it came to his own regime, he did the same thing but taking under his ambit cases related to Ayodhya, Rafale among others.
  • Where we would criticize leaders like Prime Minister Indira Gandhi for her interference with the judiciary vis a vis punitive transfer of the judges and superseding judges for the appointment of the CJI, but this is what is precisely happening now.
  • The collegium system thus formed after the Indira Gandhi regime to avoid interference of the executive in the judiciary hasn’t been exactly successful, as the author quotes two issues that are taking place even today in this regard.
  • The post-retirement job of CJI Gogoi shows an important issue and the other is the CJI’s privilege in the allocation of cases as the Master of the Roster goes.
  • The solutions to this can be that there should be a cooling-off period post-retirement and getting a post-retirement appointment and then for the master of the roster controversy there needs to be diversification and this should be beyond the CJIs exclusive jurisdiction and discretion.
  • Hence, this will be one of the methods through which we will be able to avoid the interference of the Executive in the judiciary and make the judiciary free and fair.
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