Trending: Call for Papers Volume 4 | Issue 4: International Journal of Advanced Legal Research [ISSN: 2582-7340]



“Good neighbours are the one who stands with us, not the one who goes against us”

When we look back over the last 70 years, China-India ties have been going forward through wind and rain, and have gone through an exceptional phase of growth as well as the conflicts. After looking the growth of other countries, we can understand how India & China, as the main emerging nations with a populace of more than one billion, are bearing the memorable strategic nation-wide restoration, playing a crucial rule during the time spent building up nations’ aggregate ascent and infusing solid force into the significant changes that have not been found in a century. The commitment among India and China is the characterizing relationship in developing the much anticipated Asian century. In each term, these two nations are Asian goliaths; huge in terms of area, demographically huge, financially resurgent, and deliberately most impressive contrasted with any of their other Asian neighbours. The armed forces of the two most populous global locations on the planet are secured up a strained face-off high in the Himalayas, which has the doable to enhance as they try to build up their key targets. The border conflict between India and China incorporates the 3488 km long Line of Actual Control (LAC).China is Asia’s biggest economy and the second- greatest on the globe with around $13.6 trillion in GDP. The position of India is No. 3 at $2.7 trillion in Asia. Through providing mechanical products and crude materials to putting resources into new companies and innovation firms in India, China is India’s biggest exchanging accomplice after the US.(2)


China had constrained exchange relations with India during The British Colonization. In the mid- twentieth century, India and China were profoundly impacted by an incredible resurgence in Asia which took a gander at one another with compassion, admiration and looked for mutual motivation. When China was attacked by the Japanese in 1941, Indian National Congress (INC) sent a clinical strategy by Dr. Kotnis to China. India achieved independence in 1947. In 1948, India formed diplomatic ties with the Chinese Govt. of the Kuomintang. China was one of the 1st no- communist countries to accept The Communist People party, after its formation on 1 October 1949 following the military defeat of the Kuomintang Govt.(3)Relations began to crumble not long after freedom when India consented to offer asylum to Dalai Lama and other Tibetan Buddhist supporters. At the point when China chose to hold onto Tibet, Nehru (who, while perceiving Tibet as a major aspect of the People’s Republic of China), decided to give shelter to Tibetans that added to the 1962 Chinese animosity wherein China had straightforwardly dismissed the Mac-Mahon Line.Conflict among China and India culminated due to the Sino-Indian War of October-November 1962. While China has furnished Pakistan with military and diplomatic help, it has never ensured the security and protection of Pakistan. This is adequately demonstrated during the 1965 and 1971 Indo-Pak Wars. The Chinese government reprimanded aggression shown by the Indian Army during the 1971 war when the Indian Army bravely tore apart Pakistan to make an autonomous state called Bangladesh.


“Money makes the whole world go round”

The 1962 Indo-China war, can never be overlooked and will direct each and every perception that the two nations have about one another. But this distrust and scepticism, there is a keen interest in exploring the immense economic opportunities which have the potential to overpower the global economy. Although the continuous conflicts between these two powerful nations, there is always common thinking between these countries that how much potential these have in terms of manpower, resources and that enhanced the conjoint/mutual trade between China and India all through this time.
In the financial year 2019-20, China accounted for more than 5 per cent of India’s total exports and more than 14 per cent of imports. India, meaning, is running a huge trade deficit with China, India’s largest exporter. While the absolute value of our neighbour’s imports may have fallen, their share of the total pie has risen from 13.68 per cent in the previous fiscal period. India is the seventh-largest export destination for Chinese products, according to state-backed data from Invest in India. As per the Ministry of Commerce, Chinese exports to India incorporate cell phones, electrical machines, power plant inputs, manures/fertilizers, auto parts, steel items, capital merchandise, for example, power plants, broadcast communications hardware, metro-rail mentors, iron and steel items, pharmaceutical fixings, synthetic substances and plastics, and building products. China has about 75 smartphones, consumer appliance, construction equipment, power gear, automobiles, optical fibre, and chemical manufacturing facilities. Oppo, Vivo, Fosun International, Haier, SAIC, and Midea are some of India’s largest brands and fabricators in China. Adani Group Ltd., Jindal Steel & Power Ltd., Dr. Reddy Laboratories Ltd., BEML Ltd., Bharat Heavy Electricals Ltd. However, the FDI numbers do not give a full image of China’s scope for business in India. Chinese funds and companies often use offices in Singapore, Hong Kong, and Mauritius to route their investments in India. Alibaba Group’s investment in Paytm, for instance, came via Alibaba Singapore Holdings Pvt. These aren’t recorded as Chinese investments in Indian government data, the report said. “The investment in India has not been made in the name of the Chinese entity/investor in many cases and is therefore hard to track.” Chinese cell phone brands like Oppo, Vivo, and Xiaomi are India’s market heads with a share of around 72 percent, apart from Samsung and Apple, as per a Gateway House review.(4)


India & China signed a LAC peace treaty in 1996 agreeing that “no side will use its military capability” against the other along their disputed frontier. According to this agreement, experts say that troops from two of the world’s largest armies have resorted to improvised weapons, including fists, rocks and wooden clubs, some possibly wrapped in barbed wire or stuck with nails.(5)Anumber of agreements signed between India & China, aimed at holding the border tension under control. Both nations signed boundary agreements in 1993, 1996, and 2005 specifying the practices that are permitted and not permitted along the India-China Line of Actual Control.The 1st agreement was signed in September 1993 states that the agreement between India and China was reached based on 5 standards, mutual respect of national integrity and sovereignty, non-hostility, intervention in the in-houseactivities of each other, common and equality gain and passivecohabitation and with the end goal of protecting harmony and tranquillity in regions along the genuine control lines in the districts located on borders among India and China. This understanding concentrated for the most part on keeping up harmony along the LAC and decreasing hostility on the two sides.

In 1966, the second agreement signed to set out the comprehensive protocols for achieving the already set goals in the first pact. This agreement prevents the use of firearms between soldiers and civilians on both sides. Article one of the agreement specifies that “None of the parties can use their armed forces against the opponent.The line of actual control is the area where no armed forces from either side can be deployed.”Section (1) of Article VI, states that neither side can use explosives nor open firewithin the two kilometres from the LAC. Article III of the pact specifies that the two sides must limit or confine battle tanks, infantry battling vehicles, 75 mm or larger-caliber guns (counting howitzers), 120 mm or bigger bore mortars, surface-to-surface rockets, surface-to-air rockets, and some other weapons framework commonly chose along the LAC.(6)


Together India and China dominated the economic development and wealth of the world from the first to the eighteenth century; India stayed ahead until the fifteenth century, and afterward Chinese took over until the emergence of the West. What’s more, they had tranquil rivalry and concurrence all through this period, including potentially infrequent minor gratings, yet never any significant false impressions or war between them. They shared the most noticeable “harmony religion” on the world —Buddhism and gained from each other values of humans, accepted practices, and statecraft. But after 1950, the relation between these two neighbouring countries started deteriorating when Chinese troops attacked Tibet. The problem of Tibet has disrupted the neighbourly cordial relationship. India has acknowledged the suzerainty of China over Tibet subject to autonomy from Tibet. On 7 Oct 1950, the Chinese army invaded Tibet. India emphasized diplomatic conciliation of the Problem of Tibet; China lay off Indian interfering by calling Tibet as its internal affair.” Trade and Traffic Pact between China & India” was signed in 1954. In Jammu and Kashmir, the recognition of a Chinese street in Ladakh’s Aksai Chin seriously instigated protests in India. (7)
A few years ago China proposed to connect the world through its ‘One Belt One Road’ initiative. The project was to connect dozens of countries by land and sea routes, like Thailand, Russia, Myanmar, Vietnam, etc. When the first belt and road forum took place in Beijing, India showed no enthusiasm. The reason was simple; a key part of ‘One Belt One Road’ is in the China- Pakistan corridor that passes through Pakistan Occupied Kashmir. India believes that China should seek its opinion in a disputed region that India claims as a part of its own territory. Since then there has been no agreement on the issue between the two countries. ‘One Belt One Road’ isn’t the only area of difference between the two countries. These two countries shared the most recent controversy in Galwan Valley. The battle was triggered by a row over two Chinese tents and observation towers being built on its side of the LAC, India said. In a planned assault by Chinese soldiers on 20 Indian Army soldiers were killed when top leaders consented to defuse pressures on the LAC or the contested and ineffectively characterized fringe between nuclear-armed neighbours.


When the countries have a difference of opinion or difference of positions, how the countries can move forward? Countries having some conflicts can move forward by proper dialogue or talks. Representatives from both sides should put forward their views and problems regarding the border problems and then both countries can agree upon wherever adjustments can be made so that the problem is resolved. The comprehensive review of the earlier round of talks by the special representatives can be made so that each country can learn from their previous mistakes. Representatives from both sides can work together to arrive at fair, reasonable, and mutually acceptable solutions. Both sides can underline the significance of tackling the question related to border between the countries from the strategic view pointof relation of India- china and should talk on the early settlement of boundary questions as this serves the fundamental interests of both countries. The mutual mechanism of working on coordination and consultation for affairs of Border to held consultations and maintaining harmony and equanimity in the areas of border with a view to maintaining strategic communication at all levels can also be a good move.


For several decades both countries have been engaged in talks to resolve border disputes. Till now 22 rounds of talks have been held since 2002 when both sides appointed special representatives to sort out the border dispute. Even prior to 2002 several rounds of talks were held without any concrete results. High in the Himalayas, along a strip of land separating China’s autonomous territory of Tibet from India, clashes have broken out between the two Asian giants in a weeks-long stepping-off escalation. Ladakh, where the conflicts occurred, is in the Kashmir district — a region that has been challenged since the British Indian Empire was divided in 1947. India’s links to China date back centuries. We are not a nation-state unlike the US; we are a state of civilization. They both pride themselves on their rich social legacy and history. It is not the similarities that make the countries they are but the difference. These basic differences in culture and approach towards other countries do in fact shape India and China.Three nuclear-equipped countries currently control different pieces of the locale: India, China, and Pakistan. While India and Pakistan have conflicted over Kashmir commonly, China and India have likewise battled against their contested outskirt six decades back, finishing with an awkward détente in 1962. While no border has ever been officially haggled along the Himalayan stretch that cut/divide the two countries, the truce has set up a 3,380- kilometer-long, inexactly divided line known as the Line of Actual Control (LAC).

A thorough analysis of the 1996 pact shows that it was intended to avoid the outbreak of a war between India& China by restricting the use of weapons at the border between these two countries. Indian Forces, one of the world’s most professional armed forces, did not carry firearms in order to respect the agreement signed by the Government of India. But the main problem is that the agreement is not being properly followed by the Chinese Army. If an agreement is signed by the common consent, then it should be followed by both the countries. If anyone country tries to violate that agreement, this can widen the gap between the healthy relations between these two neighbouring who is sharing many common things like culture, commodities, etc.(8)Indians, for example, have always followed a defense policy whereas China has always followed an aggressive policy. India has never used force; the non-violence principle is deeply embedded in our ideologies and forms a cornerstone of its foreign policy. India and China are two emerging Asian superpowers. However, the world seems to see their relationships only under one light — they see them as adversaries constantly waiting for a chance to come back to each other. But the truth is told that none wishes to take a confrontational approach. For the basic purpose that none can afford. Neither India nor India cannot afford, to be perceived as an aggressive nation right now. A conflict between the two countries is not inevitable, but is not unlikely, either. Nationalism on the rise, lack of natural resources, internal tensions are some of the factors that could cause both countries to go for war. The only good solution to stop the conflicts between India and China is increased bilateral trade between the neighbouring countries. War at no cost can be good for any country; the developing countries can grow by mutual understanding and the friendship behavioural nature among the countries. There is a need for more meetings to be held between India and China for the matters related to the boundary and maintaining peace and security along with the border areas.

1 Student of Rajiv Gandhi National University of Law, Patiala
2MahimaKapoor, Six Things To Know About India-China Economic Relations, Bloomberg Quint (19, June 2020) https://www.bloombergquint.com/economy-finance/six-things-to-know-about-india-china-economic-relations
3Brief History of India China Relations History Essay, UK Essays (5/12/2016) https://www.ukessays.com/essays/history/brief-history-of-india-china-relations-history-essay.php#ftn3
4 Bloomberg Quint ( 19 June 2020 ), Supra

5Tracey Shelton and Tasha Wibawa, The dispute between India and China in Kashmir leads to the first deaths along their border in decades, ABC News (17 June, 2020) https://www.abc.net.au/news/2020-06-17/what-is-behind- the-india-china-border-dispute-lac/12363348
6 LAC Agreement, Opindia (18 June, 2020)https://www.opindia.com/2020/06/india-china-agreement-congress- rahul-gandhi-lac-firearm-prevent/

7UK Essays (5/12/2016), Supra