Question

Compare the Democratic Provisions of India , United States of America , China and Canada .
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Answer 1

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Compare the Democratic Provisions of India , United States of America , China and Canada .

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Differences between Indian Government and U.S. Government - Indian Polity

India is the largest democracy in the world, whereas the United States of America is the oldest democracy. Although both countries are democratic republics, there are some differences in the way both governments function. UPSC aspirants should be aware of the basic differences between the two governments. In this article, you can read about the differences between Indian vs US governments, which is a part of polity in the UPSC syllabus.

Differences between the Governments of India and the USA

The differences between both the governments are given under separate headings.

Political Parties

India-Although there are currently 2 major national parties – the INC and the BJP; there are hundreds of regional and smaller parties in the political scene.

USA-There are two major political parties here. They are the Republican Party and the Democratic Party.

Head of State

India-

• Elected head of Government is the Prime Minister. He is the executive head.
• The President is the constitutional head of state.
• Citizens cast their vote to elect their representatives to the Lok Sabha. The party that wins a majority of seats in the Lok Sabha gets invited by the President to form the government.
• The leader of that party becomes the Prime Minister.
• Elections to the Lok Sabha are held every five years generally.

USA-

• Head of State is the President.
• Citizens cast their ballot in every state to elect members of the electoral college (popular vote) who in turn cast electoral votes to determine the President.
• The President holds office for a four-year term.

Democratic Provisions of China and Canada .

The Canada-China Promotion and Reciprocal Protection of Investments Agreement or Canada China FIPA is a bilateral investment treaty between Canada and China which came into force on 1 October 2014. The Foreign Investment Protection Agreement (FIPA) or Foreign Investment Protection and Promotion Agreement (FIPPA) are Canadian names for BITs.

Notable obligations and clauses

The Canada China FIPA ties Canada "to the terms of the agreement for a minimum of 31 years."

The three core Canada China FIPA substantive obligations include "non-discriminatory treatment", "fair and equitable treatment", and "compensation for expropriation". According to a 2012 Foreign Investment Law Journal article, Canada's 2012 FIPPA model, links "fair and equitable treatment" to "The Minimum Standard of Treatment" customary international law. This ensures "fair and equitable treatment and full protection and security in accordance with the principles of customary international law."

Concerns were raised regarding the provision for national treatment in Article 6 because the CCPRPIA did not provide for pre-establishment national treatment (a right of entry into the Canadian or Chinese markets for investors of the other country). This could disproportionately favour Chinese investors in Canada because China places more onerous requirements on foreign investors for the registration and approval of new enterprises than does Canada, and because government screening in China involves numerous levels of bureaucracy for new companies.

Background

Canada began negotiating with China on a FIPA in 1994 Notes

The Harper government held out on finalizing the text and ratifying the agreement due to diplomatic differences and concerns about Chinese human rights abuses.

The China Canada FIPA was signed in 2012.

In 2013, On 18 January 2013, the Hupacasath First Nation of British Columbia filed a court application to stop the Harper administration from ratifying the Canada China FIPA until consultations with First Nations on potential impacts of the FIPA took place. First Nations were concerned about the FIPA's Investor State Arbitration (ISA) clause.

Answer 2

Please refer to the attachment for the answer

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