E D I T O R I A L P A G E |
Tuesday, December 22, 1998 |
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weather n
spotlight today's calendar |
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A
case about courts After
the lull in Iraq Full
term for Lok Sabha SURVIVAL
IN POLITICAL JUNGLE Reservations
unlikely to help women |
Cong
needs to adopt balanced approach
Dinner
diplomacy with the media Stinking
rich
Alleged
fraud on Insurance Company |
A case about courts A low intensity legal war has broken out between the Tamil Nadu government and the Centre and it has great potential to develop into a high intensity political skirmish between the DMK and the BJP. The dispute right now is about the states power to set up special courts to try cases filed by its CID wing and the Centres inexplicable change of policy. The two sides will battle it out in the Supreme Court and the ruling will have nationwide application. Like most controversies in that southern state, this one too revolves around Ms Jayalalitha or, to be precise, about a slew of corruption cases. It is her special leave petition before the Supreme Court challenging the setting up of three special courts that has suddenly brought out the conflicting interpretation of the law. Tamil Nadu says it has the authority to establish special courts to speedily try important cases. It advances two arguments in its favour. One, the Centre asks the states to set up such courts whenever the CBI wants to prosecute somebody, thus acknowledging the latters powers. Two, central counsel supported the move when the case was first heard by the Madras High Court. Now the Centre has filed an affidavit before the Supreme Court in the Jayalalitha case completely reversing its earlier position and asserting that under the Prevention of Corruption Act, the Centres prior permission is necessary to convert certain courts into special ones to hear cases under this law. For a lay reader, all this is avoidable legal hair-splitting but for anyone interested in politics it is combustible stuff. The background to this
tussle is as important as what is unfolding in daily
doses. First the DMK and now its ally, the Tamil Maanila
Congress, have dubbed the latest stand of the Centre a
brazen pro-Jayalalitha move. Mr Karunanidhi first asked
his party MPs to call on Prime Minister Vajpayee with a
request not to file the affidavit. When this failed, he
dipped into his reservoir of exaggerations and accused
the Centre of inventing powers for itself, bending rules
and distorting procedures to bail out a lady whose
tainted votes are the oxygen for the present alliance. A
retort came fast and sizzling from the PMO and an
official added an unofficial sting by pointing out that
all this did not behove a man who figured prominently in
the Sarkaria Commission report on corruption during the
previous DMK government. At around this time the Centre
presented the DMK with a new grouse almost on a platter.
It transferred the Chief Justice of the Madras High Court
to Hyderabad, and it is well to remember that it was he
who wrote the judgement dismissing Ms Jayalalithas
plea to disband the special courts. Mala fide, DMK
growled; witch-hunt, the Centre responded. The verbal
pyrotechnics may be a diversion, the court battle may be
for the pundits, but the special courts are something
else. If Tamil Nadu wins this battle, it would mark a
giant step towards fighting corruption in public life. If
the Central Vigilance Commission succeeds in arming
itself with the power to seize assets acquired with
kickback funds, the country will have a viable
two-pronged weapon against graft. |
After the lull in Iraq US President Bill Clinton may go on claiming that we have achieved our mission by launching missile strikes on Iraq, but the truth, apparently, is otherwise. President Saddam Husseins position within his country and outside has become stronger. A controversial ruler has been transformed into a hero. This is one clear inference that can be drawn from the pro-Saddam Hussein demonstrations in various Arab cities. One must not lose sight of the truth that it is for the first time that West Asia witnessed the expression of open public sympathy for Iraq, its people and its ruler. Thus the American aim (definitely not the UN aim) of decimating Mr Saddam Hussein is unlikely to be achieved, at least in the way the US leadership had been hoping. Now comes the weapons inspection issue. No one can be sure that the American and British military action, in complete disregard of the wishes of the UN Security Council, has destroyed all the nuclear, biological or chemical weapons if Iraq really had, or its facilities to manufacture arms of this nature. If the unilateral airstrikes have made Iraq free from the dreaded weapons, there is no reason why the UN economic sanctions against it should not be withdrawn forthwith. Will the USA and the UK or their supporting nations accept this line of argument? Never. Then what their leaders are saying is meant only for the consumption of the home public. The felony indulged in by
the USA with Britain in tow has complicated the task of
the United Nations Special Commission (UNSCOM). Iraq has
declared that it will no longer maintain any relationship
with UNSCOM. It has lost faith in the impartiality of the
UN mission chief Richard Butler, whose hasty decision
brought death and destruction to a people already dying
of hunger and disease. With Russia too coming out openly
against Mr Butler, seeking his immediate resignation, the
fate of UNSCOM in its present form is uncertain. Russian
anger at the way Mr Butler has been functioning
not as the head of UNSCOM but of some US commission
is pregnant with meaning. If Mr Butler had
functioned as he was expected to, the entire scenario
would have been different today. The independent and bold
stand taken by Russia, China and France (three of the
five permanent Security Council members) should serve as
a clear signal for the USA that it cannot afford to
repeat the mistake it made in the case of Iraq. The
consequences could have been more horrifying if the
Americans had not found a good pretext in Ramazan (a
month of the Islamic calendar when Muslims are supposed
to observe fast) to halt the missile campaign against
Iraq. Henceforth, Iraqs leadership may become more
defiant of UN opinion if it continues to be treated as if
it was not a sovereign nation. How can one expect normal
behaviour from a country which is not dealt with in a
normal manner? Why should the Iraqi people be punished?
It is their business to allow or not to allow a leader to
rule over them. No other country, not even the surviving
super power, has the right to impose its will on a
sovereign people. And if the Iraqis decide to have a new
leadership, they should be expected to do so in the
manner they find it suitable for them. |
Full term for Lok Sabha A BIT of self-interest is very much the driving force behind the suggestion of the BJP Member of Parliament, Mr Ganga Charan Rajput, that the Constitution should be amended to ensure that the Lok Sabha enjoys a full five-year uninterrupted term irrespective of any change in government, but the proposal is worth serious consideration. Of late, elected Lok Sabhas have tended to tumble like the proverbial ninepins just because the governments could not hold their ground. Such dissolutions are rather unfair to the members who find their term cut short. Moreover, the price that the country had to pay as a whole is staggering. After all, every general election costs hundreds of crores of rupees. This is not taking into account the losses that the nation suffers because of the inevitable stoppage of work. After the experience of the past few years, it has become necessary to have a fresh, dispassionate look at the entire situation. The Constitution was right in suggesting that there should be another election once it had become clear that it would not be possible to form a stable government under the existing situation. The belief was that a fresh election would yield a more clear-cut result. But it has been noticed that what is desired does not always happen. That is what went wrong when the United Front government packed up and the one led by the Bharatiya Janata Party came in. With the decline of a two or three-party system, the electorate has been returning a fractured mandate leading to coalition governments at the Centre. Things have not improved in any way. Nor has stability appeared on the horizon. In fact, the BJP had to gather more parties than it was criticising the I.K.Gujral Government for having. The Constitution has to take note of this unforeseen situation. The Parliamentary Affairs
Minister, Mr Madan Lal Khurana, has been non-committal,
only saying that he will convey the members
feelings to the Prime Minister, Mr Atal Behari Vajpayee.
But it is learnt that there is near-unanimity in various
parties on this count. After all, who wants to go to the
voter time and again? Electoral fatigue has already set
in and mid-term elections make matters worse. Mr Kalpnath
Rai of the Samata Party has raised the point that if the
Rajya Sabha members who did not have to fight elections
could enjoy an uninterrupted term, why should the same
courtesy not be extended to the Lok Sabha members? But
before bringing about a change in the Constitution, the
whole issue will have to be discussed threadbare and
various possibilities taken into account. For instance,
what will be the minimum conditions to be fulfilled
before the election is really considered to be
unavoidable? How will the stability of the government be
ensured when no party is able to muster even a simple
majority? Safeguards will have to be built in so that the
parties which have only a handful of MPs or even the
Independents do not hold the country to ransom. The
responsibility and thereby the involvement of the
President will increase manifold. If the full five-year
term for the Lok Sabha also means an endless parade of
one government after the other, it will be a clear-cut
case of the cure proving to be worse than the disease. |
WHEN beggars die, there are no comets seen, said Caesars wife Calpurnia. She would have said the same thing if she had been around to comment on the sudden transfers of the Deputy Commissioner and the Deputy Inspector-General of Patiala. When holders of much senior positions in all the services have been made expendable and their positions dwarfed, out-of-season transfers of Mr Vishwajit Khanna or Mr P.M. Dass would ordinarily have called for no special notice. Over the years we have been so inured to frequent and unexplained transfers, in and out of season, that such incidents have ceased to evoke any reaction whether from the public or the politicians or within the affected officers themselves. The Patiala transfers which include that of the SDM and the District Transport Officer, besides the DC and the DIG however, raise certain general questions on account of the circumstances surrounding them. Mr Vishwajit Khanna was appointed Deputy Commissioner, Patiala, by none other than Mr Parksh Singh Badal. It is probable that in keeping with the informal procedures of postings and transfers followed by the political executive, the Chief Minister might have consulted Mr G.S. Tohra, who might have recommended the appointment of Mr Khanna. This may be true also of the appointment of Mr Dass. Thus these postings may have been no more than the result of an institutionalised system. Mr Badal, who is especially accommodating and fair to those who disagree with him politically, would have followed this procedure. By all accounts, Mr Khanna was functioning outstandingly. So was Mr Dass. Neither of them had got an image of being Tohra loyalists, or controversially involving themselves with the various factions in the districts politics. Beyond the normal rapport, which a good Deputy Commissioner or a Deputy Inspector-General should be having with the peoples representatives in the district, they were not in any way close to Mr Tohra. In all probability, when the political equation between Mr Badal and Mr Tohra was good, these officers may even have been asked to extend all legitimate consideration and courtesies due to the people now ranged in opposition to the establishment. Therefore, the transfers, which have come about in the wake of a major rift at a high level, with Patiala as the home-ground of Mr Tohra, can only be regarded as political and even uncalled for. The implication is that it is not these officers against whom Mr Badal had anything, but through their transfer a signal has been sent to Mr Tohra and his followers that the fight extends right down to the officers level. Mr Khannas sister-in-law, an SDM, has also not been spared, as she is said to be a relative of Mr Tohra. The officers already in the district and those who will now be posted will draw the lesson that Mr Tohra and his men are out of favour and, therefore, before doing even a legitimate thing for them they should think twice so as not to be labelled as being pro-Tohra. To say this is not to comment on the political side of Mr Tohras functioning in relation to Mr Badal. The manner in which Mr Badal had been embarrassed more than once, and dissidence openly expressed would naturally have given the Chief Minister a cause for thinking that his position was sought to be undermined. The issue really is that the sins of the politicians need not visit the officers posted in the district of the adversarys sphere of influence. This is especially so because these officers had been functioning in a context in which the present adversaries were quondam friends. What does this signify for the health and vigour of the administration? There has already been a progressive enfeeblement of the services at the level of the states since 1967 and the Centre since 1977 following the alternation between the Janata Party and Indira Gandhis Congress. In the aftermath of Rajiv Gandhis defeat, a fractured consensus had prevailed except for an uneasy stability under Mr Narasimha Rao. However, in those situations, the distinguishing factor was that the government as a whole had changed from one party or coalition to another. In the present case, the administration has been affected not because of a change in the regime but because of the internal politics of the same regime. This trend has been there for quite some time now in Punjab. We have seen how an officer like Mr TKA Nair was first called in to be the Chief Secretary and later on unceremoniously and gracelessly shifted by the same Chief Minister. The Chief Minister did not even wait for Mr Nairs posting orders in the Government of India to arrive. For a day, he was thus transferred as Financial Commissioner. Even statutory appointments have not escaped partisan political treatment. Not only officers of the executive side but also retired judges have been given this kind of treatment. Retired Chief Justice S.S. Sodhi, who was Punjabs first Lok Pal, a statutory institution found one morning that this body had been abolished with a change in the Chief Ministership from within the Congress. The whole purpose of a statutory body is to protect it against changing political power structures. When this principle is not respected, the statutory body loses its raison detre. Already Captain Amarinder Singh has started alleging that the present incumbent of the Lok Pal is Mr Badals man. It would be no exaggeration to say that 80 per cent of the governments non-performance is because of this irrational and no-holds-barred politicisation of the administration. In this process the officers known for their impartiality and integrity become victims of political vendetta just because they happen to be around in certain positions. Ironically, the politically aligned civil servants do not suffer. They have shown remarkable resilience in switching loyalties and making themselves useful to all regimes. This class of government officers is wanted by all regimes. It is the non-aligned class that finds itself in cross-fires. The Khanna and Dass case portends that in future as the political system degenerates into a system of alliances and enmities, the officers without god-fathers will be going from post to post without a pillar to hang on to. They would be lucky if it remains at that. For, we have seen that in the absence of a consensus among political parties to keep away from the politicisation of the services, the government itself ceases to be a continuum. It becomes a succession of regimes, each successor regime going into a wholesale review of the predecessor regime and administrative reshuffle. In the process, public servants first become the instruments of decision-making by the predecessor regime only to become witnesses against them on behalf of their successors. A commission of enquiry, an easy recourse to the CBI and the states vigilance machinery, thus results in the administrative process diverting its attention to police investigation and judicial consideration to the great impairment of the administration and the political process which suffer beyond recovery. What is most worrisome in the context of Punjab politics today is that even with the massive mandate enjoyed by the Badal ministry, the government responds to political developments showing a knee-jerk reaction. Mr Tohra is nowhere compared to Mr Badal as regards their political following. But should one conclude that people around Mr Badal are thinking not in terms of any threat to the Chief Ministers position of which there need be no apprehension but are drawing up a perspective plan for the safety of their interests in a post-Badal scenario instead of combating Mr Tohra on the political plane by mobilising public opinion? In contrast, one cannot but recall Mr Surjit Singh Barnalas quite self-assurance in dealing with the civil services. He was functioning in a context that was far less easy than what it is for Mr Badal today. He came to power in the wake of Operation Bluestar after a spell of Presidents rule when the political class was embittered and viewed the bureaucracy as having a vested interest in Governors rule. There were political pressures from within to order a big reshuffle in sheer assertion and demonstration of the fact that a new government had assumed office. However, he showed that he had the capacity to withstand these pressures, and told his Chief Secretary to convey to the Deputy Commissioners and Senior Superintendents of Police that he had no plans to shift them, and that they should concentrate their attention to their work without distraction. Not one Deputy Commissioner was changed. Even after Mr Badal defected with 27 MLAs this change did not affect civil service officers in the least. Unfortunately, political leaders do not realise that leaving the civil services alone is to their collective good, and its return in terms of performance and loyalty is high. It is too much to expect from them that they would read history. But the way the national leadership had engaged itself in the task of building post-Independence India, thereby winning the loyalty of the bureaucracy inherited from the British, should inject some sense into todays politicians. If not for anything worthwhile, at least to make use of their leisure time, they should leaf through Indias administrative history immediately after Independence. Meanwhile, let us hope that the civil servants in all the departments of the government will maintain their morale no matter how difficult the going is. |
Reservations unlikely to help women WHATEVER the fate of the Womens Reservation Bill, which has thrice been stymied in the Lok Sabha by sheer force of brawn rather brain, I am one of those who have strong reservations about the very idea as such. No legislature in the world provides for it. None of the representative groups or organisations of women ever made an issue of it. If truth be told, the need for legislative reservations for women has never been seriously felt by the aware and the enlightened of the lot. It was, however, talked about as a mere talking point, may be for certain politically correct reasons. The debate, if any, on the subject remained confined to cosy drawing rooms and gossip clubs. And rightly so. Have the reservations of any hue or in any walk of life ever served their declared purpose, or achieved the objectives set out 51 years ago? Rather, they have accentuated distortions. Benefits of caste-based reservations have been cornered by a minuscule minority, and the vast majority has been left high and dry. Now the haves among them discriminate against the have-nots and use every stratagem to continue to unduly benefit from the policy of reservations for all time to come, to the detriment of their less fortunate cousins. A class within a caste group has thus emerged! That merit became a casualty in the process appeared to be nobodys business. Reservations are essentially divisive. Instead of smoothening the edges, they have sharpened them. Social and societal divisions have deepened with a progressively increasing proportion of caste-based reservations. Consciously or unconsciously, the beneficiary caste groups perceived themselves as pitted against one another when it came to sharing the national cake. Ironically enough, the Other Backward Classes (OBC), came a new addition to the pantheon of castes. And a post-Independence one at that! And they wish to put one more, strijati (caste woman), on the national caste-map! Reservations are retrograde in more ways than one. Rooting for reservations for women in the legislatures in the 52nd year of Independence would be, to my mind, an utterly regressive step. Rather, we should be thinking of progressively doing away with the crutches of reservations in other areas while resisting the temptation of asking for more or for a longer period. Our mantra should be merit and merit alone which knows no caste, class, gender, religion, region, etc. Or else we will end up creating class within class, caste within caste, state within state and so on. What could be worse than pleading for reservations within reservations? Given the national average of female literacy, their socio-economic condition and social attitudes towards women, coupled with the brand of electoral politics practised in this country, the reservation for women in the legislatures may prove to be counter-productive. Those entrusted with the business of law-making are expected to be intellectually equipped, among others. That most of them are not is no reason to add to their numbers. Reservations for women may bring anything but their emancipation or empowerment. Increasing criminalisation of politics portends ill for the women in politics. Women politicians in general have not distinguished themselves in advancing the cause of women inside or outside Parliament. They too allow the ebb and flow of electoral politics to carry them with the flock. |
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