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Monday, September 28, 1998
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editorials

But Bihar needs
to be saved

T
HE President did the country proud by denying the seal of his approval to the Union Cabinet's decision to dismiss the Bihar government by using Article 356 of the Constitution.
Goodbye Art 356
T
WO rights make — or should make — a precedent. Article 356, after two successive presidential rejections of its invocation, lies stricken and debilitated.
Economics as a redeemer
THE government of Mr Kalyan Singh in UP has survived tough trials and tribulations for one year, but he knows it well that it can fall like a house of cards anytime as its foundations are shaky.


Edit page articles

Policy of reservations
by M. R. Sharma
THE experience of the past 50 years shows that the policy of reservations has failed to achieve its objectives. It is far from promoting harmony and the spirit of brotherhood among the people, the goal of the Constitution.

Afghan conflict: its implications
by Chintamani Mahapatra

NEVER before did the Afghan conflict threaten to spill over into a wider region more than it has done so now since the capture of Mazar-e-Sharif by the Taliban early last month and the killing of nine Iranian diplomats by some of the Taliban militia.



point of law

Art 356 is not about misgovernance
by Anupam Gupta

“I
do not propose,” said Jawaharlal Nehru at a press conference in Delhi on June 10, 1959, “intend, look forward to or expect governments to fall down except through normal democratic processes.”

“Human chain” to
promote tourism

by Humra Quraishi

W
ORLD Tourism Day is set to be celebrated on September 27. The two Ministers for Tourism (Union Minister Madan Lal Khurana and Minister of State Omak Apang) are said to have unveiled a new slogan “Paryatan barhao, Bharat banao” and bandobasts are on for the formation of a human chain with proclamations to the effect — “Tourism Touches My Heart” — at Rajpath on that Sunday morning.


Middle

Power, lust and lies
by Raja Jaikrishan
H
AVING made his mark as a satirist, one afternoon Somerset Maugham was sipping coffee and watching passers-by through the windowpane of a cafe. Noticing a person being taken in handcuffs, he said: “It is Maugham being taken away.”


75 Years Ago

Swarajya Party Propaganda

  Top





The Tribune Library

But Bihar needs to be saved

THE President did the country proud by denying the seal of his approval to the Union Cabinet's decision to dismiss the Bihar government by using Article 356 of the Constitution. His agent, Governor Sunder Singh Bhandari, who would have directly governed the state if President's rule had been imposed on it, had put before him what Mr Bhandari called a "foolproof" case. Mr K.R. Narayanan held a series of legal and political discussions without rejecting Mr Bhandari's perceptions outright. What he concluded in his supreme wisdom was that Bihar was in a miserable state but Article 356 was not the right constitutional prescription for its chronic malaise. The BJP-led Central Government, which has become a pawn rather than a power owing to its uneasy movement on multiple and unsteady crutches, did not bow quite reverentially to the President's sage counsel. It saw no chance of its dispensation passing through Parliament in the wake of the BJP's inner dissension and determined opposition by the Opposition as well as its own allies. And if Bihar was fit for President's rule, could other states undergoing misrule be denied a "fair deal"? Prime Minister Atal Behari Vajpayee reacted promptly from abroad and directed Home Minister L.K. Advani to ignore the self-advertised unwisdom of the Governor and let the will of the President prevail. There was no loss of time. And if an objective view of the recent episode is taken, there has been no loss of face. Article 356 has not been allowed to be misused. The lessons of the Bommai case have come handy. No arbitrariness, whimsicality or partisanship has been allowed to prevail by Mr Narayanan despite a demanding Cabinet resolution. A conflict between the Central Government and the Head of State has been avoided.

There is nothing that calls for rejoicing in Delhi although there is much that has to be mourned in Bihar. The President has not found sufficient grounds to declare that there is enough evidence to establish "the failure of the constitutional machinery" in that hapless state. However, he cannot condone the tyranny of those who have made murder and rape part of the starved millions' life. There is no rule of law. There is no Head of Government; there is only a surrogate ruler ruled by an unpopular, arrogant and indiscreet individual who is more a cunning Bihari husband than the guide of a kitchen-trained and politically illiterate Chief Minister.

The President has shown the way: Don't use the well-intended statutory provisions of Article 356 unless its operation is mandated by the necessity of the intervention of the Central authority "for the limited purpose of carrying on civil administration". The interregnum provided by President's rule must create appropriate circumstances for the re-induction of an elected government. The almost 10-crore exploited people of the vast area cannot be left unprotected from Mr Laloo Yadav's misrule. The nostalgic revival of the almost forgotten Congress points to the total disillusionment of the public with the present state of governance and the political upstarts who rail and rant from Patna showing the worst example of the liberty of the libertine in seats of power. Mr Yadav has made caste conflicts sharper than ever before. He has decided to cling to power by pitching the weather-dependent and agricultural north against the better-placed south, rich with the earth's bounties and industrial yield. The President should convene a special session of Parliament to discuss the plight of Bihar and other states which are derogatorily classed as the labour colonies of new "princes" like the two Yadavs—Laloo and Mulayam Singh. If it was possible to unmake Bihar, it is quite possible to remake it and see it prosper. Perhaps, Mr Narayanan would like to recall Mr Bhandari now.
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Goodbye Art 356

TWO rights make — or should make — a precedent. Article 356, after two successive presidential rejections of its invocation, lies stricken and debilitated. That is how it should remain for the foreseeable future. This Article, a potent and bitter irritant in Centre-state relations, has attracted much malevolent attention over the years and continues to remain a handy instrument of the Union to punish inconvenient state governments. An intolerant Union, a pliant Governor and Art 356 have often combined to abridge the mandate of state governments and violate the spirit of the federal structure. Until a few years ago, there was no effective antidote to this. Now the country has two, an instant one in the form of the incumbent of Rashtrapati Bhavan and a slow acting one in the form of the Supreme Court. The President’s second refusal to accept the Cabinet recommendation on the use of Art 356 and the apex court’s Bommai case judgement have together turned the spotlight on at least three other Articles. These have become rusty due to long years of non-use even while Art 356 has acquired a bad odour due to long years of misuse. In the constitutional scheme of things, Art 356 is at the end of the road and the approach is through other Articles like 256, 257 and 355. They spell out the advice-and-assistance two-way relationship between the Union and the states, and the awesome power of Art 356 is the very last resort to set right what should appear to be an irretrievable situation. This cooperative arrangement has been replaced by a confrontationist mindset, with treats, warnings and plain partisan spirit paving the way for the ultimate punishment. No doubt the state-level parties are bitterly opposed to this Article.

President Narayanan has blocked the direct entry to Art 356 and has unlocked the potential of the other constitutional provisions. He has accomplished this with the persuasive skill of a moral authority. By accepting the new line, the entire political spectrum (first the 13-party UF with the Congress as the outside supporter and now the 19-party BJP-led combine) has unwittingly helped in setting a new and very healthy precedent: the President’s is a non-partisan voice and should be heard with respect and accepted as final in all contentious issues. This is so despite the Constitution assigning the august office very limited advisory role. With the scholarly incumbent reinforcing the majesty of his office, this precedent should cover areas far beyond Art 356. In these days of fractured politics and fractious politicians, the country needs a sober statesman to step in to control if not to defuse a brewing crisis. Somebody like JP maybe. Many would like to look to Rashtrapati Bhavan with hope.
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Economics as a redeemer

THE government of Mr Kalyan Singh in UP has survived tough trials and tribulations for one year, but he knows it well that it can fall like a house of cards anytime as its foundations are shaky. Those who constitute the bricks and mortar used in this super structure can shift their loyalty to any other formation the moment it does not suit them to remain part of the present arrangement. Hence the efforts of Mr Kalyan Singh to strengthen his position to fight a future political battle single-handed. That in the process his party, the BJP, will also acquire a different image — from a mandirwali party to a political organisation committed to economic development — is beside the point. He cannot forget that his own party has been creating more problems for him than the combined Opposition. He must have calculated it coolly that the party’s support is there so long as he is much ahead of his detractors — or rivals — in the area of vote-gathering and image-building. The mantra that he has discovered is to plough the fields of politics by using the tools of economics, a la Chandrababu Naidu. Though the idea is not entirely new, it is remarkable in the sense that the whole scheme as unfolded by the UP government may give birth to an entirely different kind of political culture in this economically backward state. It may lead to the domination of economics over politics, whereas so far it has been vice versa.

Mr Kalyan Singh has come out with an industrial policy which, if implemented with honesty and dedication, may transform the face of Uttar Pradesh into a much-sought-after area of India by the industrialists within the country and those of the Indian origin settled abroad. The stress is on ensuring an uninterrupted availability of power supply for 24 hours for industrial units. Power has been a major area of concern for those interested in investing their funds in UP. Privatisation of power supply and encouragement to captive electricity generation by industrial units may help the government to keep the big promise it has made. The plan for a separate policy for the information technology industry, and the creation of a fund for infrastructure development may lead to the emergence of an industry-friendly climate, which has been missing in this most populous state. The seven industrial corridors that will come up as part of the grand scheme will cover almost entire UP. However, there are two serious threats to the whole programme. One, the law and order situation cannot be described as industry-friendly. The present government has certain inbuilt problems which will keep coming in the way of breaking the back of law-breakers. The dismal record of the regime so far provides enough proof of it. The government can handle law and order effectively only when it dissociates itself from certain politicians who have questionable antecedents. But the trouble is that they are among those who provide the necessary oxygen to keep the regime alive. The second threat is the political instability, which has been the bane of UP for some time. It may disappear if Mr Kalyan Singh succeeds in becoming the Chandrababu Naidu of UP. The new image may earn him enough political dividends to run a government without the help of people whose loyalty is doubtful or who are known as shady characters. That stage can come after fresh assembly elections. But by then anything may happen.
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POLICY OF RESERVATIONS
Why it must be discontinued
by M. R. Sharma

THE experience of the past 50 years shows that the policy of reservations has failed to achieve its objectives. It is far from promoting harmony and the spirit of brotherhood among the people, the goal of the Constitution. It has instead brought about an atmosphere of acrimony, antipathy and bitterness. It has revived the curse of casteism, and brought the country to the brink of an internal strife and division on the basis of caste. It is time we put an end to this policy.

At the outset, I want to make it clear that I am not opposed to any help and assistance being given to the weak and the needy. Give them special coaching. Provide them all financial aid. But the policy of reservations, in place of improving their living conditions, has made them dependent on crutches which they do not want to part with. This policy perpetuates injustice not only to those who are disadvantaged due to the reservations but also to those who are intended to be benefited by it. We are doing a disservice to the nation also because merit is thrown to the winds, and its place is taken by inefficiency.

The reservation of seats in favour of the Scheduled Castes and the Scheduled Tribes in the Lok Sabha and the Vidhan Sabhas is a clear case of denial of the right of adult franchise, recognised and accepted by all the civilised nations. It is also contrary to the norms accepted by Article 25 of the International Covenant on Civil and Political Rights adopted by the UN General Assembly on December 16, 1966, and brought into force on March 23, 1976, which provides that every citizen shall have the right and the opportunity not only to vote but also to be elected at the periodic elections to be held by universal suffrage. In 120 of the 543 constituencies of the Lok Sabha, and 1081 of the 4091 constituencies of the Vidhan Sabhas, which are reserved for the candidates of the Scheduled Castes and the Scheduled Tribes, the others are entitled only to vote and cannot stand as a candidate. And in many of such constituencies this position has been prevailing for the past 40 years, and only a few well-to-do families of certain castes have benefited by these reservations. The bulk of the Scheduled Castes/Scheduled Tribes have all along been ignored altogether.

Even if the present policy of reservations is continued for other 500 years, the condition will remain the same. This apart, 75 per cent of the people of these constituencies are deprived of their basic right, the right to stand as a candidate and take part in the policy-making processes. Though citizens of this country, they cannot even dream of entering the House, much less acquiring a higher status. If a referendum is held in these constituencies, more than 80 per cent people would surely oppose their constituency being reserved for the SCs or the STs.

The reservation of posts in government departments on the basis of caste is discriminatory. Whoever seeks employment is the one who needs it, and when it is not given to him but to the one who belongs to a community the privileged community, favoured with reservations, he curses himself that he was born in a family which does not find place in the list of the SCs, the STs or the OBCs. He fails to comprehend his fault. Why this deprivation. Is it not a denial on the ground of birth, a clear case of castiest discrimination and injustice?

All over the world the stress is on talent, on merit and on excellence. Our institutions must be manned with first-rate individuals. We cannot afford to sacrifice efficiency by giving preference to only those who belong to particular castes by ignoring merit and the needs of the institution. Caste, the accident of birth, is the criterion, which is being adopted in the matter of employment, initial appointments as also in promotions. Not only discrimination is writ large but efficiency is given a go by. In the words of Jawaharlal Nehru, our first Prime Minister, “this way lies not only folly but also disaster.” Frustration is brooding the minds of those who are the sufferers, the victims. They are helpless and have to suffer this silently. But for how long?Top

True, it is the duty of the state to help and uplift the poor, the weak and the needy, but not at the cost of a fellow citizen who is equally needy and more meritorious. The efforts must be to make them competent and bring them to the level so that they may compete with others on equal terms. But the policy of reservations, far from improving their condition and status has made them dependent. Those living under this umbrella always suffer from the complex that they got the employment by reservation, and they would always seek crutches to help themselves to ascend the higher ladders. This policy perpetuates injustice not only to those who are deprived of their just rights but also to those who are intended to be benefited by this.

The injustice meted out to the students in the matter of admission to educational institutions by granting reservation to the SCs, the STs and the OBCs, based on the accident of birth in a particular community, has crossed all limits. Instances are not only startling but also shocking to one’s conscience. The meritorious with a very high percentage of marks are denied admissions while those belonging to the SCs, the STs and the OBCs are admitted to colleges — in medical, engineering and other disciplines — marks much below the cut-off line.

Very shortly Parliament will have to face an important question as to “Whether article 334 of the Constitution which provides that the reservation of seats for the SCs and STs in the Lok Sabha and the Vidhan Sabhas shall cease to have effect at the expiry of fifty years from the commencement of the Constitution,i.e., 26th January, 2000, should be amended so as to continue the same by extending the period further.

The problem is serious and is agitating the minds of all those committed to the democratic norms. How long should the 75 per cent people of the constituencies reserved for the SCs and the STs for the last 40 years or more be deprived of this basic right of citizenship, the right to stand as a candidate? How long can the international norms be ignored? And how long can the covenant on the civil and political rights adopted and brought into force by the UN General Assembly be flouted?

Initially, the reservation of seats for the SCs and the STs was only for a period of 10 years, and that too was the result of an agreement between the votaries of the reservation and those who are totally opposed to it. Ten years’ limit was the outer limit for these reservations. Mahatma Gandhi was against reservations based on caste, and he strongly opposed it in the Round Table Conference. Jawaharlal Nehru considered it to be an evil. The debates of the Constituent Assembly reveal that he considered undemocratic the deprivation of the ordinary voter of the right to stand as a candidate, and he accepted this only for the reason that it was to last 10 years. But all this was given a go by and the period of 10 years was extended by various amendments made in the Constitution from time to time to 20 years, 30 years, 40 years and ultimately to 50 years, which is to expire on January 26, 2000 A.D. Not only efforts are being made to extend the period further by bringing an amendment to Article 334 of the Constitution but also demands are being raised to increase the percentage and extend it to other sections of society.

However, the worst is in store for us. The Bharatiya Janata Party has agreed to the demand made by Ms Jayalalitha that the percentage of reservation in services should be raised to 69. If this is acceded to in Tamil Nadu, similar demands will be raised by other states and it would be difficult to deny. We can only imagine the consequences which are bound to ensure. We have observed in the newspapers that the present government is inclined to continue the reservation of seats for the SCs and STs in the Lok Sabha and the Vidhan Sabhas beyond 2000 A.D. and is willing to amend the Constitution for this purpose.

This caste-based policy of reservations, which is being followed for the past 50 years, has brought the country to a stage where even a slight spark would be sufficient to throw the nation into an unprecedented conflagration. We are heading towards chaos and disintegration. Reservations have divided society in two groups (i) Those who are privileged to get reservation, and (ii) those who are deprived of it. “Only a right to vote” and not to contest – in 120 of the 543 constituencies — for the past 40 years is what we boast of having in the purest form of democracy. Can we say the members representing these constituencies in Parliament truly reflect the free choice of the voter? The choice of vote confined to a few communities and rather a few families.

Our capacity for endurance is phenomenal; but for how long? There is limit to tolerance. The young generation is ebullient, the service class desperate and the people losing patience. In our country the disease of divisiveness based on caste, the greatest curse of our society, is spreading fast and wide. The cattiest hatred is assuming frightening proportions. It may lead to an internal strife.

Those who are committed to secularism and want an atmosphere of peace, harmony and brotherhood to prevail should try to put a stop to this malady before it is too late.
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Afghan conflict: its implications
by Chintamani Mahapatra

NEVER before did the Afghan conflict threaten to spill over into a wider region more than it has done so now since the capture of Mazar-e-Sharif by the Taliban early last month and the killing of nine Iranian diplomats by some of the Taliban militia.

The genesis of the crisis of Afghanistan goes back to 1973 when the monarchy was overthrown and the country entered a period of internal strife in the absence of a king in Kabul. This political crisis was more or less local for about six years with minimal external interference. The Soviet military invasion of Afghanistan in December, 1979, however, internationalised the Afghan issue and sparked off the second round of an intense Cold War between the USA and the former Soviet Union. While Moscow signed a deal with the USA and withdrew its troops in 1989, the 10 years’ period of the Afghan war was mostly confined to the USA, the former USSR and Pakistan.

When the exit of the Soviet troops led to a kind of anarchy in Afghanistan and various Afghan factions started fighting for achieving supremacy, Pakistan was the main external actor in that country. The rise of the Taliban in 1994, the expansion of the Taliban influence into various areas of Afghanistan, the fall of Kabul in 1996 and the capture of Mazar-e-Sharif in August last by the Taliban were a clear proof of the Pakistani hand in that country’s internal warfare.

Although certain other regional countries, mostly bordering Afghanistan, had some role to play, none could match the Pakistanis. During all these years, the Afghanistan crisis remained more or less a sub-regional affair. However, the involvement of the Taliban in international terrorism leading to the US missile strike against terrorist training camps in Khost in August and the killing of Iranian diplomats in Mazar-e-Sharif leading to massive military exercises by Iran along the Afghan border have once again put Afghanistan on the international agenda.

The whole world seems to be watching at the moment a possible Iranian military strike against the Taliban forces. In early September, Iran conducted a three-day military exercise along the Afghan border involving 70,000 troops — the biggest-ever military exercise since the 1979 Iranian revolution. About a week later Iran sent 200,000 more troops to the border for another round of exercises.

The Taliban has no regrets for the murder of the Iranian diplomats. While blaming the disobedient soldiers, a Taliban spokesman said: “We will never tender an apology to Iran for the diplomats’ killing.”

The Taliban also warned: “Iran must know that if the soil of Afghanistan is attacked, we will target Iranian cities.”

In the midst of the war of words, efforts are also going on to prevent a war in Southwest Asia. In fact, the gradual expansion of the Taliban influence into 90 per cent of the Afghan land has caused worries in the wider region. The Central Asian Republics are concerned about the spread of fundamentalism into their respective territories. Even Russia, China and India are going to be affected by the spread of fundamentalism.

Iran, a country which itself has staged an Islamic revolution, considers the Taliban as medieval and barbaric. Iran not only faces an ideological challenge from the Sunni Taliban but also considers the Saudi and Pakistani interference in Afghanistan as an adverse development for its regional interests.

Actually, Taliban has only three friends — Saudi Arabia, Pakistan and the United Arab Emirates. No other country has recognised the Taliban government. Even the United Nations has no place for the Taliban. The UN seat is occupied by the Rabbani government. The killing of the Iranian diplomats has been condemned by the USA, Russia, China and many others. Washington was initially cool to the spread of the Taliban influence into various parts of Afghanistan. Some criticised the Clinton Administration for indirectly encouraging Pakistan to back the Taliban. However, the Taliban hand in international terrorism, drug production and trafficking and its attitude towards women and girl-children have made the USA a hostile power. The much-talked-about US oil interest has taken a different turn with the UNOCAL’s decision to suspend its gas pipeline project.

While the Taliban has many opponents, Iran is unlikely to garner adequate regional or international support for a military solution to the Afghan problem. Iran-US hostility is not yet a thing of the past, although there are efforts aimed at normalising the frozen relationship. The USA is thus unlikely to support either party to the conflict. Pakistan, interestingly, has pledged neutrality if Iran decides to take military action.

However, if there is a military conflict, it would create enormous problems for the USA, Russia, China, India and others.

Clearly, no country would favour an armed conflict in the interest of regional peace and stability. But even in the absence of an Iran-Afghan armed conflict, the Afghan problem would haunt many nations. How to resolve this problem would be a Herculean task. — INFA

(The writer is associated with the Institute for Defence Studies and Analyses, New Delhi.)
Top

 

Power, lust and lies

Middle
by Raja Jaikrishan

HAVING made his mark as a satirist, one afternoon Somerset Maugham was sipping coffee and watching passers-by through the windowpane of a cafe. Noticing a person being taken in handcuffs, he said: “It is Maugham being taken away.”

One does expect from an unsparing artist like Maugham to be honest and truthful about his real or imagined indiscreet actions. Most writers of substance take the reader to the ambiguous terrains of the right and the wrong, and torment his soul in a style. Greater the ability of a writer to inflict torment, more willing is the reader to go through the ordeal.

At a simplistic level, people on ordinary stations are made happy or sad as the media keeps on dishing out stuff to keep brave hearts tethered to their past hurt. The youth of Terminator One and Two age lick the wounds of their hurt egos in the darkness of a cinema hall.

Chekhov captures the troubled psyche of the ordinary person rather well in his story, “The Death of a Clerk”. Anxiety, fear and even death are caused to the not so-outstanding persons for they care for others. The escape from the ordinariness into the extraordinariness, lies in ignoring the voice of conscience.

A poet, miles away from Hiroshima, cries out his heart over the atomic explosions, but a politician talks of detente and triggers off many more explosions. Besides a creative person, all others are logical in telling lies or half-truths. They are selectively honest, but an artist exercises no such choice. This voice finds place in the fictional world for it is seldom acceptable without an illusory warp. Dear reader, you are right in inferring that he is also not completely honest.

A person in authority under oath keeps away many a truth from people for the sake of state security. He also lies to the people about the glory of life in trenches — the filth, the routine, the peril and tension of a battle. He lies so that they produce more, consume more and are ultimately consumed by the culture they produce.

It is also possible that such a person, in order to test his power for a major strike, experiments in a small measure before the most eager and willing people (usually such “victims” are those who aspire for a share in the power pie).

Many people, including state executives, the world over do it with full awareness of perjury laws. As long as it is a fling here or a night spent with a good friend there, spouses (wise ones) rarely rakeup muck. Only women of questionable sensibility fail in expressing their pride in their husbands when TV cameras are focused on them.

Pundits warn us against having a liaison with a person whose cockles of the heart lose the warmth of good times spent together after it is all over. Men being men, they rarely heed the wise. They willingly walk into the arms of these creatures only to be damned.

Redemption, if at all, comes very late. When the world is hell bent on unseating the most powerful, only a few lucky ones have spouses saying (read lying) “I am proud of him.”

Having allowed one of us, a politician, to control the reins of power, we lose sight of his human face. Are we justified?
Top

 

Art 356 is not about misgovernance

point of law
by Anupam Gupta

“I do not propose,” said Jawaharlal Nehru at a press conference in Delhi on June 10, 1959, “intend, look forward to or expect governments to fall down except through normal democratic processes.” He was speaking of the communist government of Kerala, then under siege by a virulent Church-inspired, Congres-led agitation, and the statement is perhaps the best comment ever made, or that can possibly ever be made, on the use of Article 356 of the Constitution.

Less than two months later on July 30, however, Nehru caved in to pressure and blackmail from his own party and, rather than wait for democracy to unsettle communism, sacked the Namboodiripad Ministry and put Kerala under President’s Rule. “He finally arrived at a decision which he knew to be wrong for what he believed were the right reasons,” writes his biographer, Prof Sarvepalli Gopal, “but it tarnished Nehru’s reputation for ethical behaviour in politics and, from a long-term view, weakened his position.”

The most abiding consequence of President K.R. Narayanan’s refusal to be stampeded into using Article 356 first in Uttar Pradesh, now in Bihar is that it has, after decades of cynicism and despair, revived faith in the value of ethical behaviour in politics.Top

An “Article of bad faith”, as editor V.N. Narayanan chose to call it in The Hindustan Times yesterday, Article 356 has an alarming proclivity for constitutional immorality. For immorality under the garb of the Constitution, that is, lest purists demand my scalp for joining the two words. Few provisions in the Constitution are more dependent upon a political ethic, and the self-imposed discipline that such an ethic entails, for their proper application. No provision, in fact, illustrates the character of the Constitution as a political, rather than legal, document more demonstratively than Article 356.

“It will be an inexcusable error,” said one of the concurring judgements in the Bommai case, the leading case on Article 356, “to examine the provisions of Article 356 from a pure legalistic angle and interpret their meaning only through jurisdictional technicalities. The Constitution is essentially a political document and provisions such as Article 356 have a potentiality to unsettle and subvert the entire constitutional scheme.”

The exercise of power under Article 356, the judgement added, “needs, therefore, to be circumscribed to maintain the fundamental constitutional balance lest the Constitution is defaced and destroyed.”

President Narayanan’s three-page note detailing the reasons why he has asked the Union Cabinet to reconsider its recommendation on Bihar may never be officially released. As indeed, it ought never to be if the conventions and proprieties of parliamentary democracy are to be maintained. However strongly or rightly the President disagrees with his government, the reasons for the disagreement must never be made public. But the note — which The Hindu, quoting an unnamed Minister, describes as being “quite sharply worded” — will undoubtedly serve to delimit and circumscribe the exercise of power under Article 356 in the future, whichever government (or President) happens to be in office.

Knowing the President, the note may in fact become, from many points of view, a precedent more important than even the verdict of the Supreme Court in Bommai’s case. The polyphony of voices in that verdict, and the blatant fallacy of its ultimate conclusion that “unsecular” governments can be dismissed under Article 356 (repeat: can be dismissed) seriously restrict its utility as a practical guide for governance. Sacking a saffron-soaked BJP government in the name of secularism, notwithstanding its clear legislative majority, is as wrong in legal principle as sacking a communist government which enjoys the confidence of the House in the name of democracy. What was wrong on Nehru’s part cannot be right on the part of his successors, poor country cousins in scholarship, statesmanship and stature.

Misgovernance or maladministration, the case of Bihar, has an even more tenuous nexus with Article 356 than secularism or democracy. The Sarkaria Commission’s advice that the power cannot be exercised for the purpose of securing good government is fully borne out by the professed intent of the founding fathers. Note the following dialogue in the Constituent Assembly on August 4, 1949 when Article 356 was adopted:

Pandit Hriday Nath Kunzru: May I ask my honourable friend to make one point clear? Is it the purpose of Article 278 and 278-A (presently Articles 356 and 357) to enable the Central Government to intervene in provincial affairs for the sake of good government of the provinces?

Dr B. R. Ambedkar: No, no. The Centre is not given that authority.

Kunzru: Or only when there is such misgovernment in the province as to endanger the public peace?

Ambedkar: Only when the government is not carried on in consonance with the provisions laid down for the constitutional government of the provinces. Whether there is good government or not in the provinces is not for the Centre to determine. I am quite clear on the point.

However much one might hate Mr Laloo Yadav, that is the law.
Top

 

Human chain” to promote tourism


by Humra Quraishi

WORLD Tourism Day is set to be celebrated on September 27. The two Ministers for Tourism (Union Minister Madan Lal Khurana and Minister of State Omak Apang) are said to have unveiled a new slogan “Paryatan barhao, Bharat banao” and bandobasts are on for the formation of a human chain with proclamations to the effect — “Tourism Touches My Heart” — at Rajpath on that Sunday morning. To top it all facts and figures are being distributed on how tourism helps generate revenue, helps generate employment (is said to have created jobs for 2.1 crore people in India along, and 10% the world over). In fact, I could go on and on why tourism ought to be promoted especially in a country like ours which could have so much to offer to the tourist yet I have to pause here. Pause and point out to the two ministers that mere slogan chanting or mere catching of hands isn’t enough to get tourists or sustain the tourist flow. Have they bothered to create an atmosphere of safety and reliability? Have they bothered to ensure that an average tourist is not cheated or raped by us? Have they bothered to check out the cleanliness level at their tourist resorts — especially in comparison with world standards? Have they personally followed the cases of those particular tourists who were taken for a ride right here, in New Delhi itself? Have they realised that news of our adulterated food and poisonous cooking mediums is making rounds in global tourist circles and the scare of dying of dropsy could be playing havoc on tourist psyches? Have they realised that our going nuclear came has a stumbling block for the tourism sector — confirmed reports state that that particular week itself (week of our going nuclear) several tourists groups, scheduled to be coming from countries which were critical of our nuclear tests, cancelled their hotel booking and tour programmes. I have myself witnessed big hoteliers and experts shaking their heads in despair and disgust when this fallout struck the industry.Top

Can communalism be combated?

The Society For Communal Harmony is arranging for a two-day national conference on ‘Regeneration of India — Its Imperatives’ on 26 and 27 September, which is to be inaugurated by the President Mr K.R. Narayanan. Since I am filing this column a day before so will not be able to comment right now on the activities of those two days but, to be honest, when I received this invite I was a little taken aback. Why? Because I wondered why hasn’t such a organisation/society acted vehemently at the various recent crucial junctures when secularism was all set to be trampled, or that why hasn’t it come to the fore when communal politics seems to be holding sway. In fact, it is exactly this very query I put to the general secretary of this society, Mr C.B. Tripathi, and his reply went along these lines “ours is a ‘society’ and not some commission — we arrange for seminars and talks — in fact the need to set up such a society came up in 1990 soon after the Bhagalpur riots ...we sent out an appeal for ‘sanity’ just after the Babri masjid demolition ....”

Now you know why it is difficult for communalism to be wiped clear from here for emphasis gets stuck at the seminar or talk level. Grassroot level activism or redressal forums are either missing or simply exist without teeth. Anyway, coming back to this particular seminar one aspect stands out — that is, the long list of speakers invited to address the audience during the two days deliberations are not only well known names but personalities who are striving to work towards secularism. Not one name, from the long list of about 40, is that of a communally tainted person. And in today’s times that is, in itself, an achievement of sorts.

Another aspect that seems to stand out is that though ailing from some time, PN Haksar would be present on the opening day. Another such personality, Mulk Raj Anand, who again is in his nineties and not in the best of health, is also coming down from Mumbai to attend and address this seminar. I think that it is because of such earnest and motivated people like Haksar and Mulk that the nation and its people is yet untorn by the communal factions.

But what happens when such people are gone, do we have their likes in the generation that is coming up? I ask Tripathi. And his reply could set you worrying, for he is honest to admit that is the crisis that they could be facing — the death of young people to combat communalism. “It is the older generation, basically people in their 50s or 60s who are members of this society — we are looking for younger members...”

Distractions, realities here

Let’s move on to what ‘distractions’ stand out in New Delhi today, after adulterated mustard oil dropped people dead or the recent monsoon showers marooned many a home. The major distraction seem to be the so-called ‘Days of Moscow in Delhi’ which is a five day long (September 23 to 27) show of Russian films, folk ensemble, circus and literary meet on Pushkin. No, I haven’t attended a single of this distraction series for the first day I was queuing all day to buy onions, the next day my little Maruti got choked with clogged rain waters. the third day there was cooking oil shortage so had to rush a buy a litre of oil, the fourth day the dengue scare came along so I sat and drained the stagnant cooler waters. ...Honestly, Sahib Singh Verma should think in terms of giving us better days to live or breathe in before thinking in terms of bringing in these high profile shows, nee distractions.

Valli to marry?

As I file this column news is gaining ground that the high profile Chennai-based bharatnatyam dancer Alarmel Valli is set to tie the marital knot with a Delhi-based bureaucrat who retired three years back as Secretary of a high-profile ministry and has gained ground as a columnist and media anchor. With all this you would have understood his name. This would be his second marriage and Valli’s first. So some glamour is finally coming into bureaucracy — even though at the retired stage!
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75 YEARS AGO
Swarajya Party Propaganda

A District Swarajya Council was formed and organised at Simla with the well-known nationalist, Swami Ramanand, as President and L. Karam Chand, an energetic young nationalist, as Secretary. It is expected that the District Council will do useful work in connection with the coming elections.

Swami Ramachandra was elected as the representative of the district of Simla to the Provincial Swarajya Council. L. Duni Chand of Ambala was present and took part in organising the District Council.

L. Duni Chand paid a visit to Karnal in connection with the Council propaganda. He organised a District Council at Karnal with L. Ganpat Rai, a nationalist Vakil as President, and L. Hukam Chand, a devoted and tried nationalist, as Secretary.

L. Ganpat Rai was elected as the representative of Karnal district to the Provincial Swarajya Council. In the evening, L. Duni Chand addressed a largely attended public meeting on the question of Council-entry and at the close of the speech he called upon the audience to have their doubts cleared if they entertained any.

He said that members of the Swarajya Party wanted to go to the Councils with the faith of non-co-operators. Though recognising, he continued, that the councils would not bring about Swarajya, he believed that the Councils in the hands of true patriots would intensify the struggle for freedom.

He regretted very much that an unpatriotic use of the Councils had been made during the last three years and he referred to the deplorable and disgraceful action of the Legislative Assembly in the matter of rejecting the resolution for the release of Mahatma Gandhi and others.
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