FIGURING OUT AFGHANISTAN*

FIGURING OUT AFGHANISTAN*

The big question about the scheduled 2014 departure of American troops from Afghanistan is whether the country is going to descend again, as it did after the Soviet departure, into ferocious fighting between warlords until the Taliban emerged supreme, or if the semblance of government that exists now can stave off such a scenario.

The big question about the scheduled 2014 departure of American troops from Afghanistan is whether the country is going to descend again, as it did after the Soviet departure, into ferocious fighting between warlords until the Taliban emerged supreme, or if the semblance of government that exists now can stave off such a scenario. This is the question that Afghan President Hamid Karzai and United States President Barack Obama will seek to answer at their meeting on Friday. The realisation, two years ago, that defeating the Taliban was impossible triggered cautious efforts at exploring ways to deal with them politically. As 2014 approaches, those efforts have picked up speed, with the Obama administration keen to leave behind an arrangement that can help it claim a semblance of political achievement from the military intervention. Through the facilitation of a French think-tank, representatives of the Karzai government’s High Peace Council met Taliban representatives in France last month. The position that the Taliban representatives took at the meeting contained no surprises. They denounced the Constitution, do not want the 2014 elections to be held, and believe their Islamic Emirate, ousted by U.S. forces after 9/11, was the best thing that happened to Afghanistan. There was no renouncing of ties with al-Qaeda. With the underlying tone one of contempt towards the Karzai government, it is hard to escape the impression that the Taliban are not so much interested in negotiation with Kabul as a deal with the U.S. for a return to power.

Given this, the High Council’s “Peace Process Roadmap to 2015” sounds unrealistic. It visualises a deal based on respect for the Constitution — a ceasefire with the Taliban and other armed groups by the end of 2013, their transformation into political parties and participation in the following year’s elections. In reality, it makes a huge pragmatic concession to the Taliban by envisaging “non-elected” positions in the “power structure.” This has already raised concern within and outside Afghanistan, not least because it is no secret that Pakistan has been working both sides of the table. Pakistan’s stakes are understandable: post-2014, any instability in Afghanistan is most likely to first wash across the Durand Line, adding to its existing woes. But it is not clear if it realises that any attempt to use its influence with the Taliban to create instability in the neighbourhood after 2014 would rebound on it. Locked out of the process after all the talk of a ‘regional’ solution, India’s primary worry would be Pakistan’s intentions. New Delhi, which has not yet articulated an official response to the Chantilly talks, must flag its concerns.

Keywords: US troop withdrawal, Afghanistan crisis

*NOTE: THIS ARTICLE IS TAKEN FROM THE HINDU

INDIAN CONSTITUTION v/s AMERICAN CONSTITUTION

Indian Constitution

1. Indian federation is not the result of an agreement between States.
2. There is only one citizenship for both the States and Union.
3. Each State sends M.P.s to the Parliament depending upon the population of the State.
4. There is no principle of quality between the states.
5. There are three Lists- Union List-(First List); State List (Second List); and Concurrent List – (Third List).  The Parliament can legislate only the subjects of the State List and Concurrent List. The States are not sovereign. The Union can encroach upon State’s Lists.
6. No State can separate from Indian Territory.
7. The Parliament, i.e. Center has been residuary powers.
8. There is only one Constitution for Union and States.
9. India achieved uniformity in basic civil and criminal laws, except personal laws in some matters.
10. The Indian Union is an indestructible Union of destructible States. The area, identity of a state can be changed by Parliament. The States can be destructible. But the Union can not be changed. The Union is indestructible.
11. The Central Government has been the power to form a new State, to increase the area of any State, to diminish the area of any State; to alter the boundaries of any State; to alter the name of any State; and to form a new State by separation of territory from any State or by uniting two or more States or parts of States or by uniting any territory to a partnership the of any State(Article 3)
12. The word “Federal” is not at all used in our Constitution. Simply the framers described “Union”.
13. The Supreme Court has been given very wide powers, including appellate (Civil and criminal) jurisdiction.
14. No referendum is necessary. For the amendment of the Constitution, the people need not give their consent. It is sufficient to get the majority of M.P.s and in certain cases, the majority of the State legislatures.

American Constitution

1. American Federation is the result of an agreement between States.
2. There are dual citizenships- one Federal Citizenship- another State Citizenship.
3. Each State sends equal number of representatives to the Senate.
4. There is principle of equality between the States, irrespective of its population, extent etc.
5. There is a clear division of legislative powers among Federal and Units. The Union and as well as each Unit is sovereign in its sphere. The Union is sovereign in their respective State legislative fields. Strictly one can not trench upon the other’s area of power. Each is confined to its own sphere.
6. The State, if wants, can separate itself with the Federal, being the relation is based only the ‘Agreement ’.
7. The States have residuary powers.
8. There are two Constitutions-
9. There are different civil and criminal laws, differing from State to State.
10. Union is based only the agreement. Any State can separate at any time. When the States are separated, there will be no Union at all. Hence, it is called that the American Union is an indestructible Union of indestructible States.
11. The American Federal Government has been no such power.
12. The word “Federal” is used in the Constitution very often, and still now it is used very frequently.
13. The Supreme Court of American has not been given such type of appellate jurisdiction.
14. For the amendment of Federal Constitution, a referendum must be conducted. Amendment to the Constitution can be made only with the consent of the people.

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