 |
|
Justice in three weeks! Nuclear assertion |
|
||||||||||||||||||||||||||||||||||||||||||||||||||||||
|
Winnable reforms Buddha can afford to smile NOBODY seems to be in doubt about the Left Front in West Bengal staging a comeback. A Hindu-CNN-IBN pre-poll survey has indicated that it will not only record the seventh successive electoral triumph, it may even attain a three-fourths majority.
Court and the Constitution
The Rajkumar phenomenon
Capital account convertibility A name worth 50
million dollars Delhi Durbar
|
Justice in three weeks! THE first time a Rajasthan court sentenced two rapists of a German girl to life imprisonment in Jodhpur last year, this speedy dispensation of justice was thought to be just a laudable flash in the pan. But Rajasthan has done it again. Just 22 days after he raped a fellow German research student, B H Mohanty was awarded seven years’ rigorous imprisonment and a fine of Rs 10,000 by an Alwar fast-track court on Wednesday. The hearing had begun on March 28, and it took the judge only 10 days to wrap it up. One has to really pinch oneself hard to believe that what was thought impossible is actually happening. In fact, the present case is far more remarkable than that which took place last year. One, the rapist happens to be the son of an Orissa-cadre Additional Director-General of Police, and yet failed to influence the proceedings in any way. Two, the court has held that the stated friendship cannot be used as a defence against a rape charge. The judgement will indeed re-establish the public’s faith in the justice delivery system, shaken badly thanks to the Jessica Lall, Best Bakery, Priyadarshini Mattoo, Irfan murder and many other cases. The Rajasthan model is worth emulating by the courts all over India. If judgements can be delivered so quickly there, there is no reason why the same cannot be done elsewhere. All that is required is a strong will to break the defective mould. Here is a challenge not only to the judiciary but also the crime investigation agencies. If only they show similar alacrity and concern for the victim, the spectacle of witness after witness turning hostile because of inducement or fear will become a thing of the past and the reputation of the criminal justice system retrieved. And why only criminal cases, investigation has to be equally quick in all cases. The delay is not only bringing a bad name to Indian courts, it is also scaring away many helpless citizens. The most debilitating impact has been in the North-East. Most people shun courts, and settle even serious matters at their traditional meetings. That has a negative side. Many a time justice is not done by these kangaroo courts. But since the official channel takes interminably long to reach a conclusion, the practice continues. Speeding up of trials will make everyone breathe easier and develop faith in the judiciary.
|
|
Nuclear assertion Wednesday’s dramatic announcement by Iranian President Mahmoud Ahmadinejad that “Iran has now joined the countries that have nuclear technology” shows that he is least bothered about the world opinion with regard to his country’s nuclear ambitions. Mr Ahmadinejad’s assertion about uranium enrichment with other provocative details came a day after the world media highlighted a secret US programme to destroy Iran’s uranium enrichment facilities with bunker busters. Teheran has dismissed the scoop by well-known American journalist Seymour Hersh as a part of the US psychological war unleashed to make Iran to forget about what it calls its right as a signatory to the Nuclear Non-Proliferation Treaty. The Iranian leader may be right, as US President George W. Bush has described the pre-emptive attack story as “wild speculation”. But what Iran claims to have accomplished is definitely “a step in the wrong direction”, as commented even by Russia, which was negotiating a way out of the Iran impasse. Iran, perhaps, believes that the threatened sanctions by the UN Security Council, which wants Teheran to suspend all kinds of uranium enrichment activity by April 28, may not come because of opposition by Russia and China, two of the five veto-wielding powers. Both countries also differ with the US and others advocating the use of force to prevent Iran from acquiring technology for making nuclear weapons. But Moscow and Beijing have clearly disapproved of Mr Ahmadinejad’s uranium enrichment claim. This indicates that at some stage they too may be ready to follow the path advocated by the West. The way Iran is going about is not expected of a member of the NPT. Instead of helping to find a solution to the vexed issue through diplomatic means, it seems bent upon acquiring nuclear weapon capability —- or reaching “the point of no return”. This is not acceptable to the world community, particularly the US, which has reacted strongly against the development. How the US and others proceed further to tackle the situation remains to be seen. In any case, diplomacy must not be allowed to fail to resolve the question.
|
|
Winnable reforms NOBODY seems to be in doubt about the Left Front in West Bengal staging a comeback. A Hindu-CNN-IBN pre-poll survey has indicated that it will not only record the seventh successive electoral triumph, it may even attain a three-fourths majority. With total disarray in the Opposition ranks, the LF cannot but enjoy a walkover in its bastion. There are many factors that go into the success of the Front like the empowerment of the hoi polloi through the successful implementation of the Land Ceiling Act and the strengthening of the panchayati raj system. To this has been added the leadership of Chief Minister Buddhadeb Bhattacharjee, who has filled the vacuum created by Mr Jyoti Basu’s departure from Writer’s Building. The survey disproves the fears of the radicals in the CPM that the reform agenda the Chief Minister pursues with passion will put the party on the electoral downslide. Unconcerned by the fears of his comrades, Mr Bhattacharjee has been boldly divesting his government’s stake in as many public undertakings as possible while welcoming foreign and domestic direct investments in the state. Consequently, there is economic buoyancy in the state generating hopes that very soon Kolkata could be the Information Technology capital of the east. Party cadres who were so used to mouthing slogans against capitalists and the Centre for its “stepmotherly attitude” even as industry after industry closed shop in the metropolis suddenly saw in him a pragmatist who knew that market forces have greater relevance than the dialectical. The thumbs-up he is likely to get from the electorate should strengthen his resolve to rebuild the image of Bengal as not only the cradle of culture but also as the hub of industrial and technological growth. If anybody needs to take notice of the signals from West Bengal it is Mr V.S. Achuthanandan, who is considered as the prospective chief minister of Kerala. Like the Bourbons of the past, he has not learnt or forgotten anything. He has reiterated his opposition to the Smartcity project in Kochi that can generate over 30,000 jobs. As Leader of the Opposition he has been opposing anything that smacks of reforms in the belief that a Marxist in the classical mould cannot be guided by market philosophy. He should realise that not only in China, even in West Bengal reforms can indeed go hand in hand with Marxism and yet win elections.
|
|
It is the province of knowledge to speak and it is the privilege of wisdom to listen. — Oliver Wendell Holmes
|
Court and the Constitution When
an erudite senior columnist writes about the perplexing variety of opinions offered by our judges in constitutional cases, and when the split verdict in a landmark decision of the Supreme Court is likened to a plane-crash (“the debris of the Keshavananda judgment”), it is time for lawyers and judges to take notice. Mr Pran Chopra’s piece in The Tribune on March 25, “Quality of Justice”, needs a response. As one who has practised law for 55 years, I am convinced that constitutional adjudication is like no other decision-making. There is a moral dimension to every major constitutional case: the language of the text is not necessarily controlling. Take Article 21. It says, “No person shall be deprived of his life or personal liberty except according to procedure established by law.” Under the shadow of the Internal Emergency of June 1975 the Supreme Court read the words literally to mean that enacted law howsoever harsh, if sufficiently explicit, could take away a citizen’s life or personal liberty leaving him without recourse to courts of law. But later (in 1978) all this changed in the background of the revealed excesses of the Internal Emergency (June 1975 to March 1977): the court read the word “law” in Article 21 to mean “valid law”. It was only a law that was not arbitrary and did not violate the Equality Clause of the Constitution (Article 14) that could deprive a person of his life or liberty. Consider next the judgment in Keshavananda (1973), where the highest court by the narrowest of majorities (7:6) held that no amendment of the Constitution was valid if it violated its “basic structure”, an expression not found anywhere in our written Constitution. The view of the majority had been frequently criticised as a naked assertion of political power. But not any longer. Because it was the basic-structure-theory that saved our Constitution from frontal assault by the majority party then in power. Let me explain: after Indira Gandhi lost her election petition in the Allahabad High Court (in June 1975), and while her appeal in the Supreme Court was pending, the Constitution Thirty-Ninth Amendment Act, 1975, was rushed through Parliament: all in the course of a day, the Congress party having an overwhelming majority in both Houses. In effect, the Thirty-Ninth Amendment provided that notwithstanding any judgment of any court, the election of a Prime Minister could never be and would never be deemed to be invalid or void. The amending power was invoked virtually to strike out an item listed before the Supreme Court —. the election appeal of Indira Gandhi! Fortunately, the attempt failed. In Indira Gandhi vs. Raj Narain (1975) a Constitution Bench of five justices held that judicial review and free and fair elections were a fundamental part of the Constitution - so fundamental as to be part of its basic structure and so beyond the reach of the amending power. The main provision validating the election of the Prime Minister by a constitutional amendment was struck down. The leading judgment was delivered by a judge who had disagreed with the majority judgment in Keshavananda, but who under the compulsions of judicial discipline followed the majority verdict. The decision in the Indira Gandhi election case constitutes the high water mark in the assertion of judicial power, in the teeth of a very determined majoritarian regime: if the pernicious clauses of the Thirty-Ninth Constitutional Amendment had been upheld, Indian democracy could not have survived long. And then Parliament gave implicit recognition to the basic-structure theory. The Constitutional Forty-Fourth Amendment Act, 1979, provided that the fundamental right of life and liberty guaranteed by Article 21 of the Constitution could never be suspended even during an Emergency, because the right to life and liberty were basic to the constitutional framework. The basic structure theory, initially propounded (in 1973) as a response of an anxious court to its experience in the working of India’s Constitution during the first 25 years, has now become, by acquiescence of all branches of the government, part of our constitutional history. There is more to constitutional adjudication than the words expressed in the constitutional provisions. This has been the experience in other countries as well. Justice Douglas (the judge with the longest tenure on the US Supreme Court) recalls in his autobiography that when he first assumed office in 1939 his Chief Justice said to him: “Justice Douglas, you must remember one thing. At the constitutional level where we work, 90 per cent of any decision is, emotional. The rational part of us supplies the reasons for supporting our predelictions.” The young William Douglas was shocked. But after 36 years on the Bench, he records that he found no exaggeration in the statement! More recently, Federal Judge Richard Posner of Chicago made a revealing confession in the pages of Harvard Law Review. He wrote: “Almost a quarter century as a federal appellate judge has convinced me that it is rarely possible to say with a straight face of a Supreme Court constitutional decision that it was decided correctly or incorrectly.” The most important pronouncements of the US Supreme Court (he says) are invariably political in nature, rather than strictly legal: “political” not in any narrow partisan sense; “political” because almost all constitutional cases can be (and often are) decided on the basis of a wider “political” judgment - and a political judgment cannot be called right or wrong by reference to legal norms! Judge Posner believes that this is because of what he calls “the majestic generalities of the Constitution” and “the malleable, and the sometimes disposable, precedents of the court itself”! It is for this reason that judges of the highest court in the United States enjoy a degree of authority and freedom of action that is without parallel. In India too — like in the United States, we have an independent Supreme Court that interprets our Constitution on a continuing basis — and not always consistently, but that is only because the text of the Constitution of India 1950 is not the only reading material in the justices’ intellectual baggage of thoughts and ideas. The suggestion of Mr. Pran Chopra of making the Constitution more explicit, less open to different interpretations at different times, would doubtless make judicial decisions more predictable, more certain. But then it would also make our written Constitution extremely brittle. And in this vast disparate country — this “land of a million mutinies” as V.S. Naipaul has described it — a Constitution that will not bend (on the side of justice) amidst the winds of political and social change, simply will not last. It will break. Our Constitution works because of its generalities, and because of the good sense, and sensibilities, of the judges when interpreting it. It is that informed freedom of action of the Judges — not unduly burdened by the precedents of the court itself — that, in the end, helps to preserve and protect our basic document of
governance.
|
The Rajkumar phenomenon
Eventually, even idols have to disappear. Yet this was no clay idol, nor an idol with feet of clay. In almost every one of his films, the first sight of Rajkumar is a glimpse of his feet. In life as in films, the evergreen Kannada matinee idol, adored by millions, stood firmly on his own two feet; steadfast in a cause and never swayed by passing political winds. His politics was his love of the Kannada language. His passion was to ensure that its primacy prevailed in Karnataka, and he led many a campaign for Kannada. Rajkumar was a rare phenomenon. He was no mere mortal for his mammoth fan following, that swelled with the release of every one of his over 200 films in a career spanning half a century. As a screen phenomenon he has no peer, perhaps with the exception of MGR, though the latter was more of a totemic fetish despite being a product of the cultural politics of the Dravidian movement. Yet in a general sense, Rajkumar, along with MGR, belongs to a firmament of film stars the like of which may never be seen again. NTR too has a place in this universe, which is defined by the multitudes they moved. Some may include Prem Nazir and Satyan too in this legion. With the passing away of Rajkumar, the only titan in our midst is ANR – Akkineni Nageswara Rao – who even at 82 can set off a stampede for his films that would be the envy of much younger heroes. The mass reverence, as also hysteria and adulation, they evoked is what sets apart this ‘League of Titans’ from other film stars, who are products of cinema as commerce. Rajkumar has played every conceivable role in his films, and barring the early few, every one of them was a runaway success. The seething crowds to see his film would start days before they were released, and rare was the occasion when on the opening day, the theatre did not announce ‘House Full for the Week’. People often cycled from distant towns and villages to see his films on the first day, if not the first week and some would shell out a whole month’s salary – running to several hundred rupees – to buy a ticket in ‘black’. Such was Rajkumar’s grip on the popular mind in Karnataka. Of course, there could be no ‘critical’ reviews of his films; any criticism was anathema to his devotees, who would not hesitate to leave the critic in a critical condition. So, it was with trepidation that I set out to meet him, some 25 years ago as a correspondent of the Bangalore-based Deccan Herald. He was in Madras for a film shoot and a Kannada language agitation was raging in Karnataka. I expected a fire-breathing linguistic chauvinist, and apprehensive about how we would communicate: I knew no Kannada; and he was not comfortable in English. Would he speak in Tamil when Tamils and Tamil Nadu were also targeted by the campaign? I was disarmed the moment we met on the sets and shook hands – with a beauteous Jayaprada, resplendent in a white and gold silk costume, looking on. Rajkumar spoke, softly, in Tamil. We have nothing against Tamils or Tamil Nadu; any incidents are unfortunate, not intended. His message was that those fighting for Kannada should not resort to violence. It was a very brief interview, after which he put his arm round my back and led me to Jayaprada, saying, “You may like to speak to her”. Probably Rajkumar noticed that though I was all ears when he spoke, my eyes were gazing on the vision that was Jayaprada. The next day came a photograph showing me with Rajkumar and
Jayaprada.
|
Capital account convertibility IN seriously considering full convertibility for the rupee on the capital account, the Government seems to have forgotten the terrible economic crisis which engulfed East Asia a few years ago, when the countries went into an economic tailspin from which they have not yet fully recovered. The main villain, universally acknowledged, was the free capital convertibility of the currencies of those countries. It is well known that the vampire of globalization becomes more and more hungry as it bares its fangs in its search for new markets. In the era where there are no colonies, the industrialized world has to find an economic and philosophic doctrine to justify the incursion of foreign capital into developing countries. I do not know as to what has happened so suddenly that the Government is in a tearing hurry to go in for capital convertibility. The normal Indian tourist or businessman has no problem in getting the requisite foreign exchange for legitimate visits abroad. So far as the foreigners are concerned, the tourists have no problem and the investors who wish to invest in India have also no problem because the Government is admittedly very liberal in giving permission to bring in foreign currency, so much so that it is now thinking of seriously permitting investment in retail business which would inevitably would result in ruination of the millions of small retail shopkeepers. It will of course be a boon to the smugglers and black-money operators who could on the quiet convert their ill-gotten money in foreign exchange and deposit it in Swiss Banks and others. It will also enable the smugglers and terrorists to openly walk in to any money changer booth and ask for millions of foreign exchange to be converted into Indian Rupees to be utilized the way they like without the Government even coming to know of it or having any scent of it. At present, because of the controls, it is a risky business to do so. But if there is free convertibility, a check will become impossible and adverse consequences will follow. It will of course benefit the foreign speculators who wish to make quick money by any devious means on our stock exchanges. Money that comes like this is hot money with the sole motive to make quick profits and get out of the country leaving behind the tragedy of a ruined economy. That this is no sick fantasy would be obvious to anyone if he only recapitulates the lessons of the East Asian currency crisis with its ruinous impact some years back. The Asian Tigers were held up as a model for Indian development mainly by permitting unrestricted foreign investments and some apologists warmly canvassed for full convertibility of Indian rupee. This insidious propaganda had almost enveloped most of our Ministers and officials and one looked with trepidation at the consequences, when suddenly, because of the unfortunate currency crisis of the East Asian Tigers, we stepped back. The rush downhill was temporarily halted (of course the fight has not been finally won). The then Prime Minister of Malaysia had openly blamed the currency crisis on international financiers like George Soros, whose speculation in foreign currency resulted in virtually destroying the Indonesia Rupiah and forced the Hong Kong authorities to spend a billion US dollars in the open market to shore up the local dollar. The Wall Street Journal grudgingly accepted that India was able to somewhat withstand the global economic crisis due to the fact that India never gave its citizens and banks open access to foreign money and therefore it was somewhat insulated from the tendency of foreign financial markets to push currencies to the extreme. Mr. Paul Krugman, U.S. economist was forced to welcome the steps by which the Malaysian Government banned the trading of its currency in overseas markets by freezing the country’s external account, the pool of Malasian currency owned by foreigners. The Central Bank of Malaysia also ruled that transfers of funds in these accounts would need its prior approval. It also announced that all settlement of exports and imports would be made in non-ringgit currencies and restricted the amount Malaysians could hold in foreign currencies. It also changed its rules to say that proceeds from the sale by foreigners of any Malaysian asset, including securities or property, must remain in the country for one year before it can be remitted abroad, unless Bank Negara approves. This resulted in the ringgit strengthening to 3.88 against the US dollar. Mr Fidel Ramos, former President of the Philippines commented that “one must sympathize with Kuala Lumpar’s efforts to defend itself from what it sees as a kind of global laissez-faire capitalism which is going out of control”. United Nations Trade and Development Agency accepted that “Controls will remain an indispensable part of developing countries’ armory of measures for the purpose of protection against international financial instability”. It further cautioned of the danger of speculative attacks on currencies, pointing out the difficulty of insulating countries against it, which are often triggered by external events, such as the rise in US interest rates. We as a growing economy must be able to see the danger of switching over to free capital convertibility which is a sure recipe for economic disaster. Our Constitution is imbued with the philosophy of economic growth with social justice. The implementation of this cannot be left to the market as it is widely acknowledged that the market is not friendly to the poor. Positive governmental actions are called for. Currency control is one of the basic tools for ensuring economic growth combined with equity. The writer is a retired
|
|
A name worth 50 million dollars Football
fans around the world (and their aunties) walk about in thick clusters wearing David Beckham shirts. But when it comes to Muhammad Ali, one of the towering sports figures of the past century, the merchandising tie-ins and commercial spin-offs have been few and far between. That is, until now. A media company called CKX, which already enjoys ownership of the global Beckham mania, has just cut a deal to acquire 80 per cent of the rights to the legendary Muhammad Ali name and image and may well acquire them all in five years. At $ 50 million, the deal is something of a bargain. As CKX’s chief executive, Bob Sillerman, points out, Ali needs no introduction. Quite what the deal means, though, remains a mystery. In interviews after the announcement, Mr Sillerman sounded downright coy about the prospect of making money off a living legend – one who, at 64, is crippled by Parkinson’s disease and who has lately been interested principally in promoting world “respect, hope and understanding” through his new Kentucky-based charity. “People around the world will be talking about Muhammad Ali for the next hundred or two hundred years,” Mr Sillerman told the New York Daily News, “so we’re in no rush to put his face on a bag of potato chips”. It remains to be seen what exactly he means by “no rush”. Last year, CKX acquired the rights to the estate of Elvis Presley, and promptly made plans to build restaurants, shops, convention space, an entertainment complex, an outdoor amphitheatre and a spa opposite Graceland, as well as an Elvis museum and theme show in Las Vegas. CKX also owns American Idol, the US version of Pop Idol. Mr Sillerman believes the boxing legend is an under-exploited brand, generating just $ 7 million in merchandising-related revenue over the past five years. Ali’s family, which will participate in a new promotional company called G.O.A.T. Inc (short for Greatest Of All Time), appears to agree. Last year, they launched a line of sports apparel called Ali by Adidas. When the Ali Centre opened in Lousville, Kentucky, last November, it started selling a restricted line of promotional goods including Muhammad Ali sweatshirts and boxing glove key rings. The three-time world heavyweight champion who brought a unique swagger and political consciousness to sport has become a shadow of his former self. “Muhammad is getting older,” his wife, Lonnie, said. “And we’re tired of being on the road all the time.” He continues to be showered with accolades – when the BBC named him the sporting personality of the 20th century, it did not seem to be an honour so much as a statement of the obvious. Mr Sillerman said he was aware of the responsibilities of handling such a revered figure. The Ali family said any commercial deals had to be handled with taste and tact. “This relationship with CKX will help guarantee that, for generations to come, people of all nations will understand my beliefs and my purpose,” Ali said. Three generations of fans will cross their fingers and hope that is true.
By arrangement with
|
|
Delhi Durbar Afghanistan President Hamid Karzai, a student of Himachal University, has suggested organising a car rally from Delhi to Kabul, via the Wagah border in Punjab. Provided Pakistan President Pervez Musharraf agrees and one hopes he will, it would provide another chance to Indian businessmen to reach new markets in Kabul, and Punjabi Sikhs to visit Gurdwaras there after Nankana Sahib in Pakistan. The country has registered its highest GDP growth in the region – over 12 percent over the past two years – after facing wars for 23 years. The days are not far, said business delegates of both countries gathered in the national Capital, when trucks move from Delhi to Kabul and other neighbouring countries via Pakistan.
George’s fight Veteran socialists are expecting George Fernandes to once again stand up and oppose the manner in which his party’s organisational elections were hijacked by a section of the party to impede his re-election as President of the Janata Dal (United). Despite judgemental headlines in newspapers and news channels pronouncing the end of his career on account of the arithmetic of unilateral voting, party unity continues to be uppermost in Fernandes’ mind. His loyalists in the party want the other camp to recall the five and a half years he spent in various jails at the age of 20 and 47 crusading for the underprivileged. The followers of Fernandes want the tough leader and former Defence Minister to prove the Darwinian theory of survival the fittest.
Budding astronomers President A P J Abdul Kalam has of course set a record of the number of school children he has met during his term in Rashtrapati Bhavan. It is literally a daily occurrence. Recently, budding astronomers called on the First Citizen and shared their experiences of a total Solar eclipse which they witnessed in Turkey. The students told the President that they had calculated the exact latitude and longitude of the place from where they were watching the eclipse and also recorded the fall in temperature during the totality. Kalam freely signed autographs and exhorted the children to set goals in life and work hard to achieve them.
Himachal tourism No sector has benefited as much from Internet as tourism. To promote the hill state of Himachal Pradesh, non-residents have created weblogs to help people across the globe to make a visit and enjoy its scenic beauty. The blogs are different from government tourism websites. They offer balanced, first person accounts. The bloggers’ love for their state is clearly evident and they hope that their efforts would provide a giant leap to the hill state.
Rahul in Rae Bareli It appears that the MP from Amethi, Rahul Gandhi, will oversee and manage his mother and Congress president Sonia Gandhi’s re-election from Rae Bareli next month. In the first instance, there is hardly any doubt about Sonia retaining her Lok Sabha seat from the constituency in Uttar Pradesh. With Rahul in charge of her poll campaign, sources say it is going to be a high tech affair, with relevant statistics and demographic data available at the press of a button. Computer savvy yuppies will be pinpointing the rallies that Soniaji should address.
**** Contributed by S Satyanarayanan, R Suryamurthy, Manoj Kumar and Tripti Nath.
|
|
From the pages of Sir Chhotu Ram’s warning No Minister of the Punjab Government has made himself responsible for more extravagant or more intemperate speeches than Sir Chhotu Ram. But in his speech at the Y.M.C.A., Lahore, on Monday he surpassed himself. “Any attempt by any Government,” he said “to touch the Land Alienation Act will serve as a signal for a revolution by the zemindars.” Will Sir Chhotu Ram explain for the benefit of the public what exactly he meant by this menacing warning? The Punjab can have no Government under the present Constitution except a Government which is responsible to the electorate in which the zemindars themselves preponderate. Would not those opposed to the amendment have the Constitutional remedy open to them of turning that Government out of office and power, if the majority of the electors were with them?
|
| HOME PAGE | |
Punjab | Haryana | Jammu & Kashmir |
Himachal Pradesh | Regional Briefs |
Nation | Opinions | | Business | Sports | World | Mailbag | Chandigarh | Ludhiana | Delhi | | Calendar | Weather | Archive | Subscribe | Suggestion | E-mail | |
