In recent developments, India’s decision to limit the size of the Canadian High Commission in New Delhi to match the Indian High Commission’s staff size in Ottawa has sparked discussions and debates. The move, often viewed as a step to align diplomatic missions, has been met with mixed reactions.

Diplomatic Parity and the Vienna Convention

“India’s decision to restrict the size of the Canadian diplomatic mission is grounded in the principles of the Vienna Convention on Diplomatic Relations (VCDR). Article 11.1 of the VCDR explicitly grants the receiving state the right to limit the size of a diplomatic mission to what it deems “reasonable and normal” based on various factors, including the state of bilateral relations and the needs of the mission,” explained sources. This provision has been utilized by many countries in the past to manage their diplomatic relationships.

[Foreign Missions and International Organizations Act 1991 Para 4(1) https://laws-lois.justice.gc.ca/eng/acts/f-29.4/index.html]

The Rationale Behind India’s Decision

Financial Express Online has reported earlier, according to official statements from the Indian government, the move was prompted by several factors. “First, it was seen as a response to the disparity in the number of Canadian diplomats in India in comparison to Indian diplomats in Canada. This disparity had been perceived as inequitable and imbalanced, leading India to seek parity in diplomatic representation.”

Furthermore, Indian authorities claimed that Canadian diplomats in India had been engaging in activities perceived as interference in India’s internal affairs. Said sources, “This perception played a pivotal role in the decision to restrict the size of the Canadian mission, as it was seen as a necessary measure to safeguard India’s sovereignty and prevent undue influence.”

The Implementation Process and Timeline

According to sources quoted above it is important to clarify that the decision to seek diplomatic parity was not arbitrary or overnight. India had conveyed its intentions to Canada around one month prior to the target implementation date of 10 October 2023. This timeline was extended to 20 October 2023 to facilitate consultations with Canadian officials and to work out the specifics of implementation. “Therefore, characterizing this decision as sudden or arbitrary is not factually accurate,” explained sources.

Parity’s Impact on Canadian Diplomatic Presence

It is crucial to note that the Indian move for parity primarily pertains to diplomatic representations in Ottawa and New Delhi. Canada’s decision to cease operations at its three consulates in Bengaluru, Mumbai, and Chandigarh is, as clarified by Indian officials, unilateral and not directly related to the parity implementation. These consulates’ closure reflects Canadian policy choices rather than a direct response to India’s actions.

The Legal Framework in Canada

Canada’s domestic legislation, the Foreign Missions and International Organizations Act 1991, explicitly provides for the treatment of foreign diplomats in Canada comparable to that which its own diplomats receive abroad. It also includes provisions for the withdrawal of diplomatic privileges and immunities, underscoring Canada’s adherence to international norms regarding diplomatic relations.

India’s decision to seek diplomatic parity with Canada is grounded in international legal principles under the Vienna Convention. It is a response to perceived imbalances and interference in bilateral relations, and it is the result of a well-communicated and consultative process. The move raises important questions about diplomatic conduct, sovereignty, and international norms, emphasizing the intricate dynamics that govern diplomatic relations between nations.