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Tackling errant Judges National security |
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Mulayam’s retreat
Judiciary’s prestige at stake
Changing definition of love
A Chanakya lands in South Block Cholesterol’s uses Delhi Durbar
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Tackling errant Judges UNION Law Minister H.R. Bhardwaj’s willingness to empower the Chief Justice of India through legislation to discipline errant Judges of the High Courts is welcome. Unfortunately, in the absence of explicit powers, constitutional or statutory, the CJI is unable to exercise much control over the Judges. In the past few months, the growing controversies about the questionable conduct of some Judges of the Karnataka, Rajasthan and Delhi High Courts have marred the image and reputation of the higher judiciary. On top of all this is the case of the Punjab and Haryana High Court which was hit by a prolonged row between the Chief Justice and several Judges resulting in as many as 25 Judges going on sudden casual leave on April 19. If the CJI has no powers to discipline the Judges, who will restore some order in the High Courts? The present in-house mechanism in the Supreme Court to tackle cases of indiscipline has not achieved the desired results. Justice V.N. Khare, who retired as the CJI recently, has gone public asking for more powers for the Chief Justice of India. The in-house procedure has no sanction of the law and a Judge could say that he is not bound by it. While the malaise has indeed become deeper affecting the image of the higher judiciary, no effective remedy has been found. Now that the new Law Minister has expressed his willingness to bring forward a Bill in Parliament to empower the CJI to discipline the errant judges, the CJI, in consultation with the Supreme Court collegium, should promptly send a specific proposal in this regard to the government. The collegium consisting of senior Judges, undoubtedly, ought to be given due recognition in the overall decision-making process whenever a Judge of the High Court comes under cloud. It will not only help the CJI arrive at the right decision but also ensure collective responsibility of the CJI and the senior Judges for the action taken against an errant Judge. |
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National security FORMER Foreign Secretary J.N. Dixit taking over as National Security Adviser from Mr Brajesh Mishra signals continuity with change. Mr Dixit has a full plate to deal with, given today's complex matrix of national security — internal and external — defence, energy, terrorism and border management. Even with his vast experience, it is a tough call. His advantage is that unlike in the past there is, more or less, a trans-party consensus on policy issues relating to security, from continuing the talks with Islamabad and Beijing to strategies for dealing with national security concerns arising from domestic circumstances and infiltrations from across the border. The situation in Nepal, bordering on civil war, requires attention, and action without raising the hackles of India-baiters. Issues arising out of cross-border terrorism are not confined to Pakistan and, to a lesser extent, Nepal but also impinge on India's relations with Bhutan and Bangladesh, given the fact that infiltration and extremist violence in the North-East are of as much concern as in Jammu and Kashmir. Developments in Sri Lanka — where a fractured verdict and a stalled peace process have driven the Tamil terrorists to take a harder line amidst calls for New Delhi to assume a more direct role — need to be addressed without delay. Mr Dixit's earlier postings in the neighbouring countries are an asset he would put to good use. Beyond the immediate neighbourhood, Mr Dixit would need to grapple with profiling India's role in Afghanistan, West Asia and Iraq in the context of the US-UN engagements in these theatres of conflict. While these would be dealt with as events and circumstances evolve, emerging areas of geo-strategic concern, such as energy security, are priorities for crafting policy and taking new initiatives. Mr Dixit’s advice to the Cabinet Committee on Security is certain to reflect his proven
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Mulayam’s retreat WHILE Mr Mulayam Singh Yadav has decided to stay put in Lucknow rather than create political space for the Samajwadi Party in Delhi, it would be an error for the rivals to presume that he has given up the dream of playing a bigger role in national politics. It is just a tactical retreat. He had contested the Lok Sabha election with a clear objective in mind. His party reaped a rich harvest of seats in Uttar Pradesh. Yet the post-election secular equations in Delhi denied him the option of driving a hard bargain for the Samajwadis. The UP Chief Minister should be honest enough to admit that he blundered by refusing a pre-poll seat-sharing arrangement with the Congress in the state that returns 80 members to the Lok Sabha. He would have been seated ahead of Mr Laloo Prasad Yadav at the high table of political power in Delhi had he used his own political instincts. He has evidently realised that no purpose would be served by hanging around Mr Harkishen Singh Surjeet. That is why he has quit the Lok Sabha and returned to Lucknow to protect his political turf. In sharp contrast, the mood in the Congress camp is upbeat. The Lok Sabha verdict has given the party a chance of reclaiming a reasonable political space in UP. Both Mr Mulayam Singh and Ms Mayawati would be worried about losing the 14-year-long hold over their respective constituencies. All that the Congress has to do to add to their woes is to give the Dalits, the OBCs and the minorities a comprehensive socio-economic package of reforms in the first two years of UPA rule. The next big opportunity for the Congress would come during the by-election in Mainpuri, the Lok Sabha constituency vacated by Mr Mulayam Singh. For the time being, UP remains an arena for four parties—the SP, the BSP, the BJP and the Congress. |
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We have first raised a dust and then complain we cannot see. — George Berkeley |
Judiciary’s prestige at stake IT was with pain and deep concern that I have read about the open schism between the Chief Justice of the Punjab and Haryana High Court on the one side and the Judges on the other(The Tribune, May 23). Pain is still more because it happens to be my parent court and, above all, a court from where lawyers and Judges have gone to become the Chief Justice of India. The controversy is one on which there are no two opinions in law. The Chief Justice of the Punjab and Haryana High Court has, it appears, appointed two Registrars in the court. These persons belong to the judicial service and were transferred to take over as Registrars. The Judges have requested the Chief Justice to call a full court to have the matter ratified to discuss the matter. They feel the power to transfer a District Judge vests in the High Court (i.e. a full court and not the Chief Justice) — the latter is of the view that the power to appoint a Registrar vests in him and the resolution of a full court is null and void. The result is that there is a total administrative vacuum in the whole of the judiciary of Punjab and Haryana it — has become a matter of sarcasm in the rest of the country. The law on this subject has been made so clear by the Supreme Court that the present controversy appears more a matter of ego than law. Article 229 makes the Chief Justice of the High Court the supreme authority in the matter of appointments of High Court officers and servants. The Chief Justice has been vested with wide powers to run the High Court administration independently so as not to brook any interference from any quarter, not even from his brother Judges (1998). Dealing with the power under Article 235, the court said: The interpretation and scope of Article 235 have been the subject of several decisions of this court. The position crystallised by these decisions is that the control over the subordinate judiciary vested in the High Court under Article 235 is exclusive in nature, comprehensive in extent and effective in operation. It comprehends a wide variety of matters. Among others, it includes the transfer of District Judges (supra) and Chandramouteshwar vs. Patna High Court (supra); and the recall of District Judges given on ex-cadre posts or on deputation on administrative posts. In Article 235, the word “control” is accompanied by the word “vest” which shows that the High Court alone is made the sole custodian of the control over the judiciary. The reconciling of Articles 229 and 235 has been done by the Supreme Court (1998) laying down that there is no bar on the Chief Justice to have an enquiry made by a committee of two Judges against a member of the subordinate judiciary provided the report of the committee is circulated to all the Judges and the ultimate decision is taken in the meeting of the full court. In that case the Review Committee report was not placed before the full court and the Supreme Court quashed the order of punishment given to a judicial officer. This lack of trust in the same court is unfortunate. As is well known, many a time judicial officers are sent on deputation to the government. Questions have arisen as to who will have the last word in the selection. Reconciling this, the Supreme Court had given words of wisdom as far back as 1968 that while sparing the service of any judicial officer to the government, it is open to the High Court to fix the period during which he may hold any executive post. At the end of that period, the government is bound to allow him to go back to his parent department unless the High Court agrees to spare his services for some more time. In other words, the period during which a judicial officer should serve in an executive post must be settled by an agreement between the High Court and the government. If there is no such agreement, it is open to the government to send him back to his parent department at any time it pleases. It is equally open to the High Court to recall him whenever it thinks fit. If only there is a mutual understanding and appreciation of the difficulties of the one by the other, there will be harmony. There is no reason why there should be any conflict between the High Court and the government. Except for very good reasons we think the High Court should always be willing to spare for an agreed period the services of any of the officers under its control for filling up such executive posts as may require the services of judicial officers. The government, in its turn, should appreciate the anxiety of the High Court that officers acquire vested interest in the secretariat. Both the High Court and the government should not forget the fact that powers are conferred on them for the good of the public and they should act in such a way as to advance public interest. If they act with that purpose in view as they should, there is no room for conflict and no question of one dominating the other arises. Each of the organs of the State has a special role of its own. But the Constitution expects all of them to work in harmony in a spirit of service. I feel that if we were to substitute the words “Chief Justice” for the “government” in the above quotation every one concerned will appreciate that there is no necessity for conflict between the Chief Justice and Judges based on any rational premises. This development in the Punjab and Haryana High Court again strengthens my conviction that the appointment of an outside Chief Justice is not a healthy idea for the functioning of a High Court. The reason is that in spite of any difference and nuance between the local Judges and the Chief Justice, a certain amount of affinity understanding and adjustment automatically comes because of their daily contact over a number of years. Any serious problem which may arise in the court is sorted out by that invisible understanding and also by the intervention by the common friends who smoothen the rough edges. But in the case of an outside Chief Justice all this is missing and it inevitably leads to a kind of grouping which is harmful to the functioning of the court. I understand from reliable sources that in the conference of Chief Justices which was held about a couple of years back it was decided that there should be no posting of an outside Chief Justice. The public has a right to know why this recommendation is not being honoured. However, it is hoped the Judges and the Chief Justice of the Punjab and Haryana High Court would seriously do introspection about the level to which the prestige of the High Court and the judiciary has sunk, and take appropriate steps accordingly because they are most concerned about it. Matters concerning individual Judges and others can be sorted out through talks in the chamber, but airing these in the open court can only spoil the atmosphere. I hope the Chief Justice of India and other Judges will take immediate steps to sort out this matter at the earliest. The writer is a retired Chief Justice of the High Court of Delhi |
Changing definition of love WHAT we call love is fascination at first sight, caring for someone, dreaming about them, being jealous and desiring to be with them. And believing that these feelings will last forever. I still remember those endless talks I used to have with my sister. The day she went on her first date is still etched in my mind. She was 17 then. She could not sleep the previous night. Waking up early in the morning, she started getting ready for the day. She chose her favourite orange T shirt and blue jeans. For the first time I willingly lent my favourite black leather shoes. She spent at least an hour in front of the mirror. At least 20 times she asked me “Kaisi lag rahi hoon” (How am I looking?). And I kept on repeating one word- “beautiful”. She was really looking beautiful. The shine in her big and black eyes could have paled a hundred stars. I had never seen such luminosity in her innocent eyes before. Finally she went to meet her beau. I wished her good luck. When she returned, both of us rushed upstairs. Hugging me, she said “He liked me too”. I asked her if she was in love. And imagine such an outspoken girl fumbling for words and blushing. “I have found my soulmate and he will be my first and last love”, she said unwaveringly. I was astonished. “Is it not too early to say that?” I asked. She was unmoved. “I feel that we are made for each other”, she said. Her new association which started with a bang added colour and zest to her life. Her manners acquired grace. It also made her a daydreamer. One day she came to my study. As usual I had buried my head in books. She put her head on my shoulder and started crying. That was the end of her dream. I said: “There is heaps more. When you get into a relationship always remember not to wish that it lasts forever. You have to kiss many a frog before you meet your prince charming”. Life went on. It took her two years to gather the courage to pine for someone again. But this time she had a better hold on herself. She did not get carried away. Moreover, she had very few expectations from him. Still there was much to learn. She was exploring the other but was rooted in herself. She had grown now. I was happy. But her soulful eyes reflected a deep pain. She longed for a deeper understanding which was not forthcoming. I wondered how it will shape her. But she had learnt to march ahead. And when she bid good-bye to the affair she was able to contain her grief. Moreover, she needed no assurance. “This, too, will pass”, she told me. I witnessed her pain seeping away gradually. She is now married for the past five years and settled in Israel. A few days ago she called me up. I asked her: “Now what does love mean to you”. “It is made up of two vowels, two consonants and two fools”, she
answered.
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A Chanakya lands in South Block
CALL him the modern-day Chanakya. There is no other way one can describe Mr J N Dixit, who has risen to a much more powerful and eminent position 10 years after his retirement than he ever did during his 36 years of service in the Indian Foreign Service. It is no surprise that after more than 24 hours of Mr Dixit’s appointment as the country’s new National Security Adviser, there have hardly been any murmurs of criticism of Prime Minister Manmohan Singh’s choice of the NSA. Mr Dixit, born in Madras (Chennai) in 1936, was educated in various parts of India as his parents were freedom fighters. He finally ended up in Delhi to do his postgraduation in international law and international relations. He joined the Indian Foreign Service in 1958 and retired in 1994— a long distinguished span of 36 years during which he served in different capacities in Indian embassies in South America, North America, Western Europe and Japan, apart from stints at the headquarters of the Ministry of External Affairs. His duty as India’s chief diplomatic representative took him to Bhutan, Bangladesh, Afghanistan, Sri Lanka and Pakistan. He was also involved in assignments related to the UN, the Non-Aligned Movement and SAARC. His career culminated in his elevation to the head of the IFS (from December 1991 to January 1994). His tenure as the Foreign Secretary witnessed — both in the national and international arenas — a series of dramatic, profound and epoch-making events, which marked a phase of significant transition. Momentous happenings— such as the disintegration of the gigantic Soviet Union, the ethnic conflicts among the constituents of former Yugoslavia, the destruction of the Babri masjid at Ayodhya, the Bombay bomb blasts and, above all, the escalation of terrorism and violence in Kashmir —took place during Dixit’s term in office. All these developments had international ramifications and repercussions, which also fell within the purview of the Indian Foreign Service. Mr Dixit joined the Congress more than a year ago when the party was down in the dumps and political pundits did not hope of its early revival. He was appointed deputy to Mr K Natwar Singh (the present External Affairs Minister), who was the Chairman of the party’s Foreign Affairs Committee. He played a crucial role in formulating the party’s agenda on defence, security and foreign policy matters before elections to the 14th Lok Sabha. On India’s relations with the US, the policy consistently held by Mr Dixit is that Indo-US relations should not be seen through the prism of a third country. The Indo-Pak differences on the Kashmir issue, for example, should not come in between Indo-US ties. He is convinced that there are enormous possibilities of economic, strategic, technological and political cooperation on a wide range of subjects. He is also undeterred by the fears of increased Indo-US trade leading to India’s economic colonisation. As NSA, the priorities of Mr Dixit are laid out clearly and he will have to focus on the following: (i) peace process with Pakistan, (ii) talks with Kashmir separatists and terrorism in Jammu and Kashmir, (iii) relations with China, particularly the Sino-Indian talks on the boundary dispute and (iv) “strategic partnership” with the USA. But the most important (and covert) job of Mr Dixit as NSA will be to ensure political stability. To achieve this he will have to depend heavily on the chiefs of various intelligence agencies. This is the task he will have to perform in a manner that the left hand does not know what the right is doing. For this he will have to have a team of trusted and competent professionals. Research and Analysis Wing (RAW) chief is to retire next year and in all probability will not be changed by the new government. But the interesting case will be that of Intelligence Bureau (IB) chief K P Singh, who is retiring this August. Mr Dixit has to appoint somebody who has a strategic vision and who has had enough operational experience in the insurgency theatres of J&K, Punjab and North-east, while also having some exposure in dealing with Naxals. In the bureaucratic circles it is being taken for granted that Mr Dixit would have a significant clout in the Manmohan Singh government as, unlike the Vajpayee government, neither Prime Minister Manmohan Singh nor his Principal Secretary T K A Nair has any pretensions of having an expertise on international relations and diplomacy. The man who has been an implementer of decisions of higher-ups is now himself in the chair of a top-level policymaker. The eagle has landed in South Block and the world will be watching. |
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IT’S A WIDELY held belief that high cholesterol poses significant hazards to our health, and that trimming the level of this fat in the bloodstream can only help to ensure that life goes on. Food companies have been particularly keen to feed this notion and offer us an ever-expanding range of spreads, milks, yogurts and cheeses which promise to curb cholesterol levels. Very recently, I read a survey from a leading food manufacturer which revealed that many of us are simply not paying enough attention to our cholesterol levels, and might be putting the health of our hearts at risk. The subtext of the piece of PR seems to be that those who take a laissez-faire approach to cholesterol have a death wish. At first sight, the concept that quelling cholesterol levels has health-enhancing benefits does appear to be supported in science. Several studies show, for instance, that the statin type of cholesterol-reducing medications are effective in preventing heart attacks and strokes in individuals who have a history of cardiovascular problems. Crucially, such disease prevention — called `secondary prevention’ by the medical profession — seems to have overall life-extending benefits. However, other evidence suggests that cholesterol reduction is not the panacea it is made out to be. Cholesterol is an essential building block in all of the body’s cells and several important hormones. Lowering cholesterol levels seems to have the capacity to upset certain functions, including mood and behaviour: one study published in the British Medical Journal found that cholesterol reduction was associated with a 28 per cent increased risk of death due to suicide, violence or accident.
— The Guardian |
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Delhi Durbar THE DMK’s IT and Communications minister Dayanidhi Maran has quickly stepped into the shoes of his late father, Murasoli Maran, playing the role of a trouble-shooter for his Dravidian chieftan M Karunanidhi. It was apparent none of the DMK MPs nominated for ministerial berths in the Congress-led UPA government wanted to be left out in the cold. While Dayanidhi’s father had built up an excellent rapport and understanding with former Prime Minister Atal Bihari Vajpayee, the bespectacled and youthful Dayanidhi was now in the opposite camp of secular forces with the Congress in the vanguard. After returning to Chennai, Karunanidhi had spoken about a coterie in the Congress responsible for the standoff with the DMK. Nevertheless, Dayanidhi duly thanked Congress President Sonia Gandhi for her intervention in honouring the
commitment made to the DMK. It is evident that the DMK has its own agenda, an inkling of which was given by Minister of State for Finance S.S. Palanimanikkam. He indicated that he would not hesitate in pursuing old tax cases against AIADMK supremo J. Jayalalithaa. As an after-thought, he hastened to add that old tax cases against anybody would be pursued. Accommodating
Vajpayee Former Prime Minister Atal Bihari Vajpayee has been informed by the Central Public Works Department that it may take another three-to-four weeks to get in shape the alternative accommodation at 6A, Krishna Menon Marg, for him to move in. The number has been changed from 8 to 6A due to astrological reasons. The DMK’s late Murasoli Maran was the previous occupant of this bungalow. Prime Minister Manmohan Singh, who made the customary courtesy call on his immediate predecessor on Monday, impressed upon Mr Vajpayee that he was welcome to remain at the official Race Course residence of the Prime Minister and make the shift as per his convenience. As the outgoing head of government, Vajpayee wasted no time in congratulating Dr Singh and conveying his good wishes to his successor. BJP’s loss is
Jaitley’s gain Out of government, former Law and Justice Minister Arun Jaitley has donned the black gown again as he is splitting his time between party work and courts. The high-profile Supreme Court advocate attends courts in the morning and comes back to be the BJP’s spokesman in the afternoon. As a member of the Upper House of Parliament, his plate would be full once the Rajya Sabha begins its sitting next month. One portfolio,
two allottees Congressman Santosh Mohan Deb, Minister of State with independent charge, found it highly perplexing that the RJD’s highly controversial Mohammad Taslimuddin had also been allocated the portfolio of Heavy Industry and Public Enterprises. Deb pointed out the anamoly at the first instance to Cabinet Secretary Kamal Pande and subsequently brought it to the notice of Congress President Sonia Gandhi and the Prime Minister. As a minister with independent charge, Deb was firm that he had no idea of where Taslimuddin would be accommodated. Taslimuddin was immediately shifted as MOS to Agriculture, Food and Civil Supplies, Consumer Affairs and Public Distribution. SP left in
the cold The Samajwadi Party finds itself in the cold as certain memories are difficult to erase from the minds of Congressmen. This pertained to his stout opposition of Sonia Gandhi assuming the office of Prime Minister six years back. The SP’s efforts to jump on to the Congress-led bandwagon has backfired compelling Mulayam Singh Yadav to give up his Lok Sabha seat and continue as the Chief Minister of Uttar Pradesh, ironically, with the backing of the Congress. Contributed by S. Satyanarayanan, Gaurav Choudhury and R. Suryamurthy |
Meditate on the oneness of the self with God, the one blissful existence , the One I am. — Sri Krishna The glory of the world is like a flower: it stands in full bloom in the morning and fades in the heat of the day. — The Buddha When attachment for wealth and sex is wiped out from the mind, what else is left in the soul? Only the bliss of Brahman. — Sri Ramakrishna The sky and the earth will pass away, the One alone will remain. — Guru Nanak Waste of time is the most extravagant and costly of all expenses. — Theophrastus |
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