The Tribune, Chandigarh, India

EDITORIALS

“Khamosh, Adalat Jari Hai”
Eyewash won’t do, Mr Modi

THE Supreme Court has in a way made it known to Chief Minister Narendra Modi that whether he likes it or not he has got to protect riot victims and witnesses. It also intends to monitor the trials in the state. The appeal filed by the Gujarat Government in the High Court against the trial court order challenging the acquittal of all the 21 accused in the Best Bakery case may have warded off any immediate order by the Supreme Court on the NHRC plea to seek a fresh probe and retrial outside the state, but the apex court has made it amply clear that it will not allow miscarriage of justice in Mr Modi’s Gujarat. It has held back its hand for the moment only because it does not want to undermine the authority of the High Court. However, it has given sufficient indications that if Mr Modi’s government does not mend its ways, it may even intervene in the matter. It has asked the state government to inform it of the steps it had taken to protect the victims and their family members and the action taken against those who had allegedly threatened the witnesses. Mr Modi is skating on thin ice and may have to cure himself of the hubris that has marked his style of governance.

He cannot deny the fact that some of the leading lights of his party were engaged in browbeating prime witness Zaheera Sheikh and others. The safety of each and every citizen of the state is the responsibility of the Chief Minister and he is accountable under the Constitution for what he does and does not do. Yet, the way things stand today in Gandhiji’s home state, even Qutubuddin Ansari, whose scared face epitomised the hounding of the minority during the riots, does not dare return. Is a fair trial possible there?

The court’s observations that “criminals often have access to the police and influential persons” and that “the trial in most of the sensational cases does not start till the witnesses have been won over” are an abiding ignominy. Mr Modi faulted media when it asked questions. He has protested against Mr J M Lyngdoh and the NHRC as well for they said what was inconvenient for him. Mercifully, he cannot do the same against the highest court of the land. Expanding the issue beyond the boundaries of Gujarat, the Supreme Court has directed the Centre to report on the steps taken by it to implement the recommendations made by the Justice Malimeth Committee to reform the criminal justice system, particularly to protect those who have been summoned as witnesses. Only if the various faults in the system are weeded out at the national level can rulers who do not know their duty — like Mr Modi — be made to set their house in order.

Small is beautiful
Jumbo ministries are inefficient

HOME Minister Lal Krishna Advani’s statement that the Centre will soon bring forward a Bill to limit the size of ministries at the Centre and in the states is most welcome. This will go a long way in cutting jumbo ministries down to size. As the minister has pointed out in the Lok Sabha on Friday, there is a legal bar on increasing the size of ministries in Delhi and Pondicherry, which are Union Territories but have their own legislative assemblies. In the case of Delhi, the Congress MLAs have been clamouring for an amendment of the restrictive provision so that the state could have more than eight ministers. By no stretch of the imagination can it be claimed that the efficiency of the Delhi Government is less because there are lesser ministers in Delhi than in some other states. Nor can it be argued that more ministers like in Uttar Pradesh, where the figure hovers around four score, make the government more efficient. Far from that, more ministers means more confusion and wasteful expenditure.

It is pointless to blame UP Chief Minister Mayawati or her Bihar counterpart Rabri Devi for their jumbo ministries when almost every chief minister is guilty of accommodating more ministers than are necessary. In the Northeast, the situation has come to such a pass that every single MLA of the ruling party is made a minister as underscored by what happened recently in Arunachal Pradesh where a change of guard took place. The chief ministers are so insecure that they feel uncomfortable if even one of their MLAs remains outside the council of ministers. The problem has been accentuated by the advent of the era of coalitions. Even the National Democratic Alliance government at the Centre has excess ministerial fat, shedding of which will be in the interest of providing better governance and cutting down expenditure. It is the compulsions of pleasing every ally that forces the Prime Minister to retain so many in his council of ministers.

Several commissions which have gone into the matter have suggested that the size of ministries should not be more than 10 per cent in the case of bigger states and 12 per cent in the case of smaller states like those in the Northeast. The National Commission to Review the Working of the Constitution, too, had recommended that the size of ministries should not be more than 10 per cent of the size of the legislatures. Of course, states like UP and Bihar which have a bicameral system will still have large ministries but it will be a considerable improvement on the present laissez-faire system. Of course, chief ministers will devise different ways to please their legislators whom they will not be able to make ministers. But that does not detract from the urgency of the law to cut down the size of ministries.

Paan for the General!
And sattu for the people of Pakistan

IT was not the size of the Indian goodwill delegation to Pakistan but the presence of Mr Laloo Prasad Yadav that made news. This time he managed to inject a bit of suspense also with the Supreme Court giving him permission in the nick of time to travel out of India. While other members reportedly followed protocol, Mr Laloo Yadav carried a bagful of paan, a sackful of sattu and loads of ready wit to regale the people the delegation was allowed to meet.

Not surprisingly, the media focus was primarily on the maverick from Bihar. His unusual gifts must have made General Pervez Musharraf smile and the people praise him after drinking sattu from “kulhar” and accepting “paan ka biraa” from the hands that allegedly snatched fodder from cattle in Bihar. To understand the difference between populist and popular social scientists should put his gestures under the microscope. They, perhaps, have elements of both. For instance, he would not have carried paan and sattu with him to Europe and America because of their strict food laws.

But don’t underestimate the importance of sattu and Bihar. The Google search for “sattu tales from India” usually leads directly to the tourism page on Bihar! Sure enough, the cuisine section proudly announces that “one exclusive item of this state is sattu (gram powder), commonly taken as a mixture with water, salt, and lime juice”. And paan? It was once a powerful symbol of subcontinental culture and the theme of love songs and poetry. Whether the habit survived 56 years of beetle leaf scarcity in Pakistan will become known after the return of the delegation. There was a period, shortly after Partition, when taking paan or katha to Pakistan was a sort of minor crime! Surely, if the habit of paan-chewing can be made popular in Pakistan again, the paanwallahs of Bihar may give Mr Laloo Yadav a red carpet welcome.

Thought for the day

Behold, I do not give lectures or a little charity,

When I give I give myself.

—Walt Whitman

OPINION

Simultaneous elections or fixed terms?
Constitution Commission provides the answer
by Subhash C. Kashyap

A debate is on in regard to the desirability or otherwise of synchronising the Lok Sabha and state assembly polls. Believed to have started with a suggestion made by Vice-President B.S. Shekhawat, it gained momentum and a controversy started immediately after Deputy Prime Minister L.K. Advani said that such a proposal was under consideration. It has since been clarified that a decision would be taken only after wide consultations. The intention obviously is to first have a national debate and hopefully evolve a consensus.

Actually, much before the current debate, the National Commission to Review the Working of the Constitution (NCRWC) had considered the matter in depth. The NCRWC report, submitted early last year, inter alia recommended: “With a view to reducing costs and strain on human and other resources, state and parliamentary elections, to the extent possible, should be held at the same time.” The spirit of the recommendation was that it would be ideal if elections could be held simultaneously but that the progress towards the goal had to be slow. The crucial words were “to the extent possible” which could mean “wherever or whenever possible”.

The questions that arise and need to be examined are: (i) Whether the Constitution and the election law permit simultaneous elections to the Lok Sabha and state assemblies. (ii) What are the precise contents of the proposal. (iii) Does it seek to revive through the backdoor the earlier wish of having fixed terms for members and Houses of legislatures and outlawing dissolution of any House before completing its full term. (iv) What are the likely benefits of and dangers from the proposed simultaneous elections.

Among the arguments that are being advanced against the proposal of simultaneous elections, the strangest is the one that it would be violative of the basic features of the Constitution and hence unconstitutional. It is forgotten that violation of the Constitution was not permissible even before the basic features doctrine. And who under the sun knows what precisely are all the basic features of the Constitution and what parts of the Constitution do not constitute basic law of the land? In any case, where did any judge ever declare that holding separate polls for the Lok Sabha and state assemblies is part of the basic features of the Constitution? In fact, it is not even mentioned anywhere in the Constitution. The founding fathers had visualised simultaneous elections. Before 1971, as many as four general elections for the Lok Sabha and state assemblies were conducted together and accepted as perfectly constitutional. It was so in 1951-52, 1957 and 1962. In the fourth general election in 1967 also 16 state assemblies went to the polls along with the Lok Sabha. In the scheme of the Constitution and the laws of the land, nothing has changed since. The problems were elsewhere. These started with premature dissolution of some state assemblies and later of the Lok Sabha itself, thereby necessitating different time schedules for the Lok Sabha and state assembly elections.

Under the Representation of the People Act, elections to a House can be held anytime within six months preceding the date of the scheduled dissolution on completion of the five-year term. It may be stated quite categorically that if premature dissolution of the Houses of legislatures can be prevented, elections to the Lok Sabha and state assemblies can again be synchronised within a span of a few years. And these would be constitutional and valid. The job of the Chief Election Commissioner is to conduct elections, to superintend, direct and control elections and ensure that these are free and fair and held efficiently and honestly. It is none of his functions to pronounce on the constitutionality or legality of simultaneous elections or to outright dismiss by a diktat any possibility thereof. It is of the utmost importance that holders of high constitutional offices do not rush to make unwarranted statements, exercise self-restraint and resist the temptation to hog media headlines.

Considered most positively, simultaneous elections would drastically reduce the total cost of elections for the government, the political parties and the candidates, save valuable human and other resources, promote national perspective as against local or regional perspectives, strengthen national parties, prevent disintegration of parties and mushroom growth of splinter groups based on narrow vote bank politics, ensure relatively greater stability of governments making it possible for them to concentrate on taking harsh decisions in the interest of development and good governance. As against this, some of the regional and small parties smell a rat in the proposal because it is likely to hurt their minority and caste vote banks.

It is not clear from the proposal mentioned by the Deputy Prime Minister whether simultaneous elections are to be viewed as a long-term objective and we have to consciously try to gradually reach the goal. If so, this is unassailable and unexceptionable. Also, it is fully in keeping with the well considered recommendations of the Constitution Commission. If, however, the purpose is to guarantee a five-year term to all Members of Parliament and Legislative Assemblies more or less in the same manner as a six-year term is assured to Rajya Sabha members or if the proposal contains any element of compulsion or of amending the Constitution to hold all elections together in one go, it would certainly be undemocratic, impermissible and not possible, either constitutionally or politically.

As it is, unless sooner dissolved, the Lok Sabha and the state assemblies have a fixed five-year term. The life of any legislative House cannot be arbitrarily cut short so long as it provides a government that is responsible to it and commands its confidence. Also, it would be most undemocratic if an attempt is made to provide by law a guaranteed five-year tenure to all legislators.

Dissolution becomes inevitable usually only in circumstances when one government loses the confidence of the House and another cannot be formed by any party or combination of parties. To meet this situation, prevent the high costs of frequent and separate elections to different Houses and provide greater stability to governments, the Constitution Commission made two other important and inter-related suggestions: (i) that of the election of the Prime Minister or Chief Minister by the House in case no single party or coalition of parties enjoys a clear majority support in the Lok Sabha/Vidhan Sabha; and (ii) that of the Council of Ministers once appointed being removable only by a constructive vote of no-confidence.

Thus, a legitimate government commanding the confidence of the House would always be in position and it would not be necessary to dissolve the House and hold fresh election before the completion of its five-year term. Acceptance of these NCRWC recommendations would not involve any constitutional amendment or legislative action. And, taken together, these would lead to the fulfilment of the objective of simultaneous elections within a few years.

The writer was a member of the National Commission to Review the Working of the Constitution

MIDDLE

Des-pardes
by K. Rajbir Deswal

TO do as the Romans do while you are in Rome is a sage advice. You could be in trouble if you deviate from the prevalent norms, traditions and customs that guide a particular society you are interacting with. The westerners are a highly sensitive people in certain aspects.

In the foreign lands if you ask anybody his or her age you will invite frowns. If you stare at some woman, you may be embarrassing her and she is vested with her right to initiate action against you.

Speaking loudly is almost a sin at certain places on the globe and you may be looked down upon as a blockhead if you adopt Mithunda’s style. Shouting has the semblance of a crime against society at large. And jumping the queue? Well, nobody indulges in that nimble-foot highhandedness .

In our country we accommodate the co-passengers if they are not seated ideally, means, husband and wife sitting separately. But you ask a westerner to exchange his or her seat with yours and you will hardly be obliged. Then there are the constipated ones who may not appreciate your gesture of helping them arrange their luggage. “It’s OK! It’s Okaay…!” would be your “kickback”.

On way to Bush House for an interview at BBC, I encountered a girl on a train in London. She had boarded from a busy tube station while sobbing heavily. Her eyes were red and tears rained and not trickled. At times she bitterly wept, wetting countless tissue papers, preserved carefully in her carrybag after use. She occupied a seat in front of me. In our country we generally ask “a damsel in distress”, if she needed some help. But educated that I was by my host, on not interacting with goras when they are emotional, I held back for, as my friend said, you must remember that their emotions are purely personal and what they could share with strangers is just formality. My desi chivalry posed a real challenge, but the thought of what trouble I could be inviting for myself, braced me with the desired amount of restraint.

I was proved right and so was my host. The girl alighted at the Houlborn station and hurried towards the exit climbing the escalator with a matching trot of three to four steps leapt in succession. I followed her for no other reason than to satisfy my curiosity.

Lo and behold! She was lifted up in arms in a tight hug by her boyfriend. It was only for reunion with her friend that the girl had been restless and crying. I thanked my stars and moved on to my destination.

IN FOCUS

State of universities — 1
Obliging VC, eroded autonomy bane of Kurukshetra
by Nirmal Sandhu

The entrance to Kurukshetra University: There is a deep sense of insecurity on the campus.
— Photo Neeraj Chopra

IN the very first verse of Bhagwad Gita, Kurukshetra is described as “dharamkshetra”, which means a “region of righteousness”. Today much that is morally wrong is happening here, that too at a respectable seat of learning. Starting in 1956 only with the Department of Sanskrit, Kurukshetra University has grown formidably. Problems and aberrations are natural in a university with 400 teachers and 5,000 students, 10 faculties, 42 teaching departments and two colleges on the campus. Though social and political degradation in society is bound to affect institutions too, what is happening at KU has touched a new low in politicisation of an institution.

Nine out of 10 permanent lecturers appointed recently by Kurukshetra University belong to the Haryana Chief Minister’s caste. Five of the eight wardens of the boys hostels and four wardens of the girls hostel appointed recently are also from the same community — the Jats.

These facts surfaced during talks with university employees earlier last week. Although the Vice-Chancellor and the Registrar, also a Jat, vehemently denied this, the Kurukshetra University Teachers Union gave the names of the selected candidates. Teachers lament that merit was ignored and better qualified candidates were left out. They have brought this to the notice of the Chancellor.

The most hotly talked about subject is the elevation of the Controller of Examinations to the post of Registrar. For the first time, the university experienced the shame of a paper leakage scandal in the last academic session. Though not many believe it, an inquiry was held which attributed the guilt to certain residents of Panipat.

The re-examination and timely declaration of the results did salvage partly the university reputation, but employees and teachers blame the Controller of Examinations for the paper leakage and the monetary loss caused to the university. In a representation to the Haryana Governor they have dubbed the Registrar “the mastermind behind the paper leakages” and sought an independent inquiry. They were shocked, therefore, when Mr J.S. Kadiyan was promoted Registrar and also allowed to keep the previous charge as Controller of Examinations. They point out that the Chancellor and Haryana Governor, Babu Parmanand, has not given his clearance to the promotion.

However, the Vice-Chancellor, Dr A.K. Chawla, defends his decision. “Mr Kadiyan was not involved in the question paper leakage. As for the Chancellor’s queries regarding the appointment of the Registrar, it was a routine matter and the university has sent its reply. His Excellency had made similar queries during my appointment as VC also”, Dr Chawla said.

The Director of Sports, Mr Baljeet Singh, is also accused by his colleagues on the campus of participating in political rallies organised by Chief Minister Om Prakash Chautala’s Indian National Lok Dal. This was also denied by the Vice-Chancellor and the Registrar.

So common seems to be political interference that Dr Chawla did not mind obliging visitors, among them a local reporter, right in the presence of this writer. He told the head of a department to “accommodate” the recommended candidates “even if it requires creating a few seats from the VC’s quota. Help them without violating the rules”.

Fake certificates

Admissions, therefore, are not all on merit. The Kurukshetra University Teachers Association has also this to say: “The students patronised by politicians are submitting fake certificates. The case of the Sports Department is just a trailer. Certificates of handicapped (students), NSS etc are made on behalf of the VC and the Registrar”.

The KU Teachers Association President, Dr Pradeep Chauhan, says: “This is the worst ever state of affairs in the university. Autonomy was eroded earlier; now it has finished. I am sorry to say that the VC does not know what the concept of autonomy means. He acts as a man of the government.”

Dr Chauhan, who spent two years in Paris on a fellowship, says teachers invited to attend conferences inside and outside the country are not encouraged to go, while the Registrar can spend one month in the UK at the university’s expense. To explore collaboration with foreign universities, a KU delegation is scheduled to go abroad. The delegation includes an MLA and government officials. It will cost the university Rs 1 crore. The VC finds nothing wrong in the inclusion of an MLA and government officials in the delegation.

Although most teachers hesitate to talk to the Press for fear of violating a ban, some do, requesting anonymity. They say the authorities follow a pick and choose policy in granting promotion and pay scales. Three teachers were interviewed for the post of Professor, but denied promotion. The Executive Council decisions are not implemented properly.

There is shortage of teachers. For instance, in the Physics Department there used to be 21 UGC-budgeted posts of teacher for 30 students. Now there are nine teachers for 72 students. If a teacher with a particular specialisation retires, research in that area is stopped. This has happened in the case of nuclear physics. The Political Science Department now has four teachers against 13 earlier.

Before he took over as Vice-Chancellor of Kurukshetra University, Dr Avinash Kumar Chawla was the Principal of Government P.G. College, Jind. That he was not part of campus politics went in his favour. He came with an open mind and a clean slate. But senior professors have not reconciled to the fact of a principal being elevated to the post of Vice-Chancellor.

Dr Chawla’s tenure had a stormy start. The leakage of question papers hit the headlines. How the crisis was handled speaks volumes about the new VC’s administrative acumen. He cancelled all papers and ordered re-examination. Though the university’s reputation and resources suffered a loss, faith in the examination system was restored. All results were declared in time.

Easily accessible

Compared to the previous VC, he is more easily accessible. His friendly approach has won him admirers. Denying increasing politicisation of the university and centralisation of powers, Dr Chawla says he frequently consults senior colleagues.

“My aim”, he said, “is to generate more revenue for the university by introducing more self-financing, job-oriented courses and make the university a centre of excellence. From the current session the university has started four regular courses. These are a five-year-MBA course, M.Sc in Industrial Chemistry, M.Sc in Pharmaceutical Chemistry and B. Pharma. The Directorate of Correspondence Courses has also started eight new courses. The university will soon have a placement cell for coordinating campus recruitment. To encourage merit, we plan to honour all toppers, including those excelling in NSS, NCC, sports and cultural activities. The best researcher and the best college in the university will be selected and rewarded.”

There are departments that stand out for excellence. The Directorate of Correspondence Courses, computerised and providing single window service, offers distance education in 54 subjects efficiently to some 35,000 students. Tourism is the only department recognised by the AICTE. Mathematics has a seismological observatory to collect data on earthquakes. The university is also known for its Institute of Sanskrit and Indological studies, the University Science Instrumentation Centre and the Computer Centre.

Girl students on the Kurukshetra University campus are mostly career conscious and traditionally clad, though an increasing number now prefer to wear jeans. It is usually the shy ones who are targeted for harassment by boys, mostly “outsiders”. They ride into the campus for cheap fun on bikes, some of them unnumbered.

A considerable number of boys manage to get admissions on the basis of fake sports/NSS certificates. Their non-student friends descend on the campus to stay with them in hostels, enjoying free food and university hospitality. It is this gang, blessed by politicians and their sympathisers on the campus, that neither the wardens nor the higher authorities dare to control. Parking themselves on the road leading to the girls hostels, the hooligans pass indecent comments on girls, making their life miserable.

Women’s cell

The university does have a women’s cell, managed by three teachers and two representatives of girls, to deal with cases of sexual harassment, but it exists in name only. When the issue was brought to the notice of the Vice-Chancellor, he said no complaint to this effect had come to his notice. Girls usually do not complain, partly for fear of reprisals and partly for lack of follow-up action.

Over the years more and more girls are joining the university since they rank higher on merit. This has put pressure on hostel accommodation. Girls complain that they can’t breathe freely, let alone study, as four of them are packed into one small room. The authorities are aware of their problem and plan to have another hostel for 300 girls ready in a year and a half. Girls in the university college also feel their common room is just inadequate and there is only one toilet. Women teachers also complain of unrepaired, stinking toilets, particularly in the old buildings, which badly need renovation.

There is a deep sense of insecurity among the campus residents largely because of the presence of “outsiders”. There has also been cases of theft. This is despite the location of a police station on the campus, which in itself is something unusual. Many wonder why a university should play host to a police station. It is an eyesore, feel the residents. The cops’ presence has neither provided a sense of security among the staff and students nor put the fear of law into the minds of defiant boys. A sad comment on the state of affairs of a premier university.