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Monday, November 2, 1998
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editorials

RBI’s dire warning
B
y convention it is called the midterm review of monetary and credit policy, but the RBI has always used the occasion to unveil its stand on the availability and cost of bank credit, keeping in mind its effect on economic growth and inflation.

Planning technology export
T
HE country’s two key functionaries the other day gave a call for revving up India’s technological advancement. Prime Minister Atal Behari Vajpayee, who was addressing the Swarna Jayanti awards giving function at his residence, pointed out that this was possible only if there was a strong research foundation.

Chivalry takes back seat
N
EITHER religion nor folklore has accorded women the status of equality they seek for themselves in modern society. They are perceived to be the source of most troubles in a male-dominated society.

Edit page articles

RUSSIA IN TURMOIL
From M.L. Madhu in Moscow

O
PPONENTS and critics of President Boris Yeltsin , especially the communists and their allies, have long been campaigning for his resignation, an early parliamentary and presidential elections.

Life after retirement
by Rahul Singh
I
NDIANS find it very difficult to accept retirement. For many of them, their jobs, whether it is in government service or with a private company, define their lives.



point of law
.
Whiff of democracy in
top judiciary

by Anupam Gupta

R
EVOLUTION is a strong word and must not be used freely. But a coup it definitely is. Answering the Presidential reference, the Supreme Court has effected a silent coup in the matter of appointment and transfer of Judges.


Indifference to Assembly elections
by Humra Quraishi

T
HE coming elections for the Assembly seats (70 of these in Delhi alone, besides 320 in MP, 200 in Rajasthan, 40 in Mizoram) will, besides deciding which political party will lose or gain, also confirm the electorate’s tolerance level.


Middle

Between evil and virtue
by Meera V. Kapoor

M
OSES saw Goodness supremely as Justice, Plato essentially as Wisdom, and Jesus centrally as Love. Yet they all agreed that virtue, however understood, was consistently undermined by something in human nature which was at war with something else. Commandments of good conduct, good behaviour, and morality get muted when self-preservation is at stake.

75 Years Ago

Allied negotiations
M
ARQIS CURZON this afternoon conferred successively with the Italian, Belgian, German and French Ambassadors on the question relating to the reply to the last German note.

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The Tribune Library

RBI’s dire warning

BY convention it is called the midterm review of monetary and credit policy, but the RBI has always used the occasion to unveil its stand on the availability and cost of bank credit, keeping in mind its effect on economic growth and inflation. This year, RBI Governor Bimal Jalan skipped altogether the twin issues of the volume of credit and the interest rates, content to go along with the present arrangement. Instead, he used the opportunity to usher in reforms in the working and accounting style of banks. And also to express his deep worries on the burgeoning fiscal deficit, industrial slowdown and unfavourable conditions in the world. Yes, he also referred to the steep rise in the rate of inflation and threatened to suck out excess money in circulation if the trend persisted. At present inflation is running at 8 per cent in terms of the wholesale price index and at least 10 per cent at the retail stores. This should have goaded the RBI to turn the credit tap off and increase the interest rate and, in other words, to make money costly. But Dr Jalan gave up this route since the price rise is not the fallout of too much money in circulation but has been caused by a steep fall in supply and the failure of the government to discipline the trade. The structural reforms are in line with the recommendations of the Narasimham committee and are designed to lessen bad debts by setting apart reserves to take care of potential and real risks. In effect the new procedure, to come into effect in 2000 AD, will mean correspondingly less money for lending, which can be overcome only by increasing the capital base, and less profit. Here is the rub. The slew of profit-reducing directives have made the shares of banks lose lustre, thus closing the door to raising fresh capital at an attractive enough rate.

As though acting on the sombre assessment of the RBI, the Union Cabinet met on Saturday ostensibly to take on the traders in vegetables and pulses and to order the commodities to come down from the present high pedestal and become affordable. In the event, the group of ministers did not go beyond tinkering with the fringe of the problem and virtually conceded that things would improve only in March next, if at all. Attributing the sudden and sharp hike in prices of pulses to an overall shortfall in yield by three lakh tonnes is ironic. Unlike vegetables, pulses are not bought and consumed on the day they hit the market; if the price still goes up the way it has this past fortnight, it is because of the return of the psychology of scarcity in the market and the consequent sense of resignation among consumers. The other side of the same coin is the near loss of legitimacy of the government. It is well to remember that businessmen (and antisocial mafia elements) are the first to test the government’s will and power and hence the first to exploit all the weak points. The moral of the onion and potato story is that the trading community does not even spare a patently friendly government.
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Planning technology export

THE country’s two key functionaries the other day gave a call for revving up India’s technological advancement. Prime Minister Atal Behari Vajpayee, who was addressing the Swarna Jayanti awards giving function at his residence, pointed out that this was possible only if there was a strong research foundation. Father of India’s missile programme A.P.J. Abdul Kalam, who was speaking at a technology summit organised by the Confederation of Indian Industry in New Delhi, underlined the urgency for increased investment in design technology and research and development (R&D) to help India become a developed country. Dr Kalam was more candid in expressing his thoughts. He said: “A developing country is a technology importer; a developed country is a technology exporter. If you want to compete and make higher profits, you need to have integrated R&D, technology and production capabilities. Wealth generation comes when you design and develop.” But our desires must match our performance. India spends merely .85 per cent of its Gross National Product on research and development, and the lion’s share of it goes into the programmes of the Defence Ministry. This is unpragmatic for a country of India’s size, which has great scientific and technological potential. With the introduction of economic liberalisation and privatisation, laboratories of the Council for Scientific and Industrial Research (CSIR) are suffering from funds crunch. Since there is an uncongenial work atmosphere and the salaries and perks are not on the desired lines, these laboratories are not the first choice of IIT products. A large number of graduates and postgraduates of prestigious engineering institutions, therefore, prefer to leave their motherland in search of satisfying pastures abroad. Nearly 40 per cent of over 6000 scientifically trained Indians settle in some foreign country every year. Between 15 and 20 per cent of these precious emigrants are highly qualified basic scientists. Very few of those who remain in India opt for or get research-oriented jobs. How then will India become a technology exporter and earn the status of a developed country by 2020 as envisaged by Dr Kalam?

India’s missile man perhaps thinks that the situation can be corrected quickly if the private sector shows increased interest in achieving the goal. Hence his stress on partnership between industry and government-controlled laboratories, specially those of the DRDO. An appreciable idea, indeed. But has he studied the past record of most business houses? It has never been comforting. Before the introduction of the open-door economic policy, the practice with most industrial houses was to show a big expenditure on R&D mainly to evade tax payment, as any amount spent for the purpose was tax-free. Now when technology import has been made easier, India’s business organisations in general enter into a collaboration agreement with well-known names in industry abroad and use foreign technology to make more money. This is unlikely to make India a technology exporter by 2020. Technological research and development must become a thrust area in the country’s scheme of industrial growth to end dependence on foreign sources.
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Chivalry takes back seat

NEITHER religion nor folklore has accorded women the status of equality they seek for themselves in modern society. They are perceived to be the source of most troubles in a male-dominated society. Did someone whisper Monica Lewinsky? Even the mythical or real acts of valour attributed to the male heroes of yore were meant to highlight the inability of women to survive without the help of men. Although chivalry as a creed is dead, the fact that habits die hard is reflected in the so-called concessions offered to the female of the species even before public discourse on gender equality became fashionable. Take for instance the practice of reserving seats for women in buses. However, if the Kerala government is allowed to have its way, the practice of allowing the “right to seats” in the front row of private buses may undergo a major modification. Seats would still be reserved for women, but in the back row. Why? Because “studies” have shown that most bus drivers are young men who try to chat up the women passengers sitting next to or behind them. No woman commuter has so far complained of being seduced by a handsome young bus driver to justify the change in the seating arrangement. But the state transport authorities have come to the conclusion that bus drivers who chat up women are usually responsible for the high rate of road accidents involving public and private buses. The authorities have the necessary statistics to back their decision to push women passengers to the back row “for creating a safe distance between them and the driver”. They point out that 16 of the 18 passengers killed in the bus accident near Ainkombu were women occupying the front seats. Incidently, the State Transport Corporation buses have always reserved seats for women in the rear. But the private buses have “ladies only” seats in the front. In Kerala 70 per cent of the bus routes are in the hands of private operators. If Prime Minister Atal Behari Vajpayee were to follow the example of Kerala, he would not worry about losing control over the government he heads. As of now he has to reckon with two women who take turns in trying to do back-seat driving for him. Of course, there is a third lady who may put up a road block any day for Mr Vajpayee to ram into driving a bus with suspect brakes.
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RUSSIA IN TURMOIL
Should Yeltsin step down?
From M.L. Madhu in Moscow

OPPONENTS and critics of President Boris Yeltsin , especially the communists and their allies, have long been campaigning for his resignation, an early parliamentary and presidential elections. But after Yeltsin’s successful heart operation in November, 1996, and improvement of his health such demands had lost their urgency to a considerable extent,in spite of many problems. One important reason for this was a comparative sense of stability, although an artificial and temporary one, in the form of remarkably low rate of inflation and minimum price fluctuations of most of the commodities, especially the consumer goods of daily use. This had removed some pressure on him to resign and even created some hope for his future presidency plans. But the situation has suddenly changed after the devaluation of rouble and default of debt payments on August 17 and the appearance of a vigorous economic and financial crisis. As a result of this, the attention of the Russian political circles, his opponents in particular, has been focused on Yeltsin’s failures, his ability to save Russia from serious economic, political and social upheavals. His failing health and mental alertness is also being politically debated. In fact, in the last two months the anti-Yeltsin wave has attained new dimensions and heights, unknown in the past. A few recent events , incidents and developments are quite indicative of this change.

Protest marches by the National Federation of Independent Trade unions and left parties were organised in the last few years also but they were never so anti-Yeltsin as this year. Country-wide protest marches held on October 7, primarily targeted Yeltsin and demanded his early ouster from the office. Some of the placards displayed in rallies on this day were very insulting. One placard in St.Petersburg carried these words. “Drunk , Chatterbox and Loafer. Down with Yeltsin”. Never were such words addressed against Yeltsin in earlier rallies and demonstrations. Although the rallies were well-organised, generally peaceful and the number of participants differed from seven lakhs (official version) to 12 million (trade unions and left-parties version) yet the immense feeling of discontent , anger, even challenging and revolutionary mood was quite visible amongst the protesters. Neither Yeltsin himself nor any of his aides or spokesmen tried to offer any defence and in fact, any such attempt would have been not only futile but even a mocking exercise. Russia’s economic crash has pushed Yeltsin to the sidelines of politics and perhaps most of the political analysts and observers rightly feel that his role and epoch is nearing its end.

Yeltsin’s health problems have further heightened the urgency that he should step down voluntarily at the earliest in his own and country’s larger interests. Since May this year, when he attended a meeting of the Group of Seven in Birminghm, he has not gone outside Russia and his recent visits to Uzbekistan and Kazakhstan , which had to be cut short, have once again stepped up rumours and speculations about his real health condition.

As shown on Russian TV, Yeltsin stumbled at a welcome ceremony in Uzbekistan and was able to restore his balance, thanks to the immediate help of the Uzbek President Islam Karimov who readily grabbed his arm to steady him. It was reported by the Russian media that in Kazakhstan also Yeltsin had difficulty in signing the documents. Doctors accompanying the President told the media that he was suffering from bronchitis and running temperature. In such condition, some of Yeltsin’s physical limitations can be understandable but concerns about the real state of his health particularly his mental capability to cope with the highly responsible post of the president of a vast country like Russia with huge and extremely complicated problems continue to worry many at home and abroad. At the time of President Bill Clinton’s visit in September of this year also, Yeltsin was found incoherent a number of times in his replies at a news conference. Some medical experts opine that after his quintuple heart bypass surgery in November 1996, the condition of his heart has improved but his brain is not receiving sufficient blood supply to enable it to function effectively. It is believed that Yeltsin had revived his drinking habits too.

Although ignoring the doctors’ advice to remain in bed till full recovery from his illness, Yeltsin had been appearing at the Kremlin in the last few days to demonstrate his combative mood to his political opponents,yet it is not having the desired effect. In fact, many consider it a sign of his weakness and anxiety to continue to cling to his post as President and not facing the realities and acting in the greatest interests of the country. Not only the critics and opponents but also the objective experts and analysts believe that recent economic and financial crisis has signalled the complete degradation of Yeltsin’s regime. It is pointed out that many of his actions in the last few months have been incoherent, contradictory , whimsical and lacking sense and rational basis. In support of this view, they point out his sudden removal of Chernomyrdin as Prime Minister, probably because he had started to see in him a powerful rival for the presidential election in year 2000 or to demonstrate that not the Prime Minister but he is the master of the country’s affairs. His failure to save the rouble from devaluation, in spite of the repeated public assurances , his reappointment of Chernomyrdin as Prime Minister after only five months of his removal and his inability to get him confirmed by the State Duma, i.e. the lower house of the Russian Parliament etc, are being held against him. As well-known journalist and analyst of the “Novye Izvestiia” daily newspaper Otto Latis rightly commented,” Yeltsin has lost his face by dismissing and later re-appointing Chernomyrdin.” Top

Yeltsin’s left-wing and other opponents are trying hard to get the Russian constitution amended to reduce the President’s powers in favour of Parliament and the government . But it is not an easy task . A few days back , an attempt was made to get a resolution passed by the Federation Council i.e. the Upper House of the Russian parliament, urging Yeltsin to step down. It fell short of only 11 votes to secure a majority support. Although such a resolution had no legal sanction, binding, yet, if passed, it could have meant moral impact. All the same, it reflected the adverse mood of the Federation Council also which has always been loyal to the president. A lot of charges are being collected to start an impeachment procedure against Yeltsin. He is being accused of the disintegration of the Soviet Union, terrible events of 1993, when the parliament house was bombarded and the starting of the bloody war in Chechnya. But under the present Russian constitution, impeachment procedure is a very long and complicated matter and it is highly doubtful that the Opposition will succeed in the attempt. Recently one more unpleasant development for Yeltsin has been the unexpected shift of Moscow Mayor Yuri Luzhkov’s loyalty. Luzhkov has always been an ardent supporter of Yeltsin and only in July this year, at the time of World Youth Games in Moscow he had praised Yeltsin at the top of his voice and associated Russia’s destiny with him. But now he has completely changed his stand. In the past, when Yeltsin’s political and physical health was more or less sound, he never dared to offend Yeltsin and always denied that he had any intention of running for the next presidential election, although nobody believed him. But now, when it is almost clear that Yeltsin is not likely to be a candidate in the next election, he has not only openly declared his intention to run for the presidency, but is actively supporting Yeltsin’s early resignation and working to form alliances with the communists and Yabloko faction leader, liberal democrat Yavlinsky. Luzhkov recently stated that “the situation with his (Yeltsin’s) health is taking such a turn that he can hardly run the country effectively in the time that is left.” So Yeltsin’s one loyal supporter has also gone in the opposition camp and is adding his weight to the demand of his early resignation. Luzhkov is already trying to form a “centrist” party with left orientation. Alexander Lebed and some other president hopefuls who already number 18, including Brezhnev’s grandson Andrei, are also getting ready in expectation of Yeltsin’s early resignation or death.

Will or should Yeltsin bow to such pressure? Knowing Yeltsin’s temperament, nature and character, one can easily conclude that if his health does not fail him completely, he will not resign of his own and would certainly like to complete his term. He has already declared repeatedly that he does not intend to resign earlier. All attempts and pressures of his opponents will probably fail to force him to resign, unless a mass movement or armed revolt compels him to do so. It is not likely to happen though can’t be ruled out entirely.

More than ever before, Russia’s present economic and financial situation demands political stability, peace and social harmony to come out safely and successfully from the deep crisis. President Boris Yeltsin’s early resignation and elections within three months ,as stipulated by the constitution, will only make things worse and increase the hardships of the common people. Chernomyrdin seems to be right when he says that where will we find funds to organise elections in the present conditions of bankruptcy. Prime minister Primakov is also constantly hammering that “we should not rock the boat.” Yabloko faction leader, liberal Yavlinsky, who has recently recovered from a heart attack , is also not favourably inclined toward early elections. It appears that probably it will not be in the larger interests of Russia to force Yeltsin to step down in the near future. If his health permits, he should be allowed to complete his term. But it will be desirable that Yeltsin taking into account the critical financial and economic situation of the country, his very low rating of about 2 per cent according to the latest public opinion polls, should voluntarily limit his political activities, should not meddle in the policies, decisions and their execution by the government, give it the maximum freedom of action. The opposition should also help Prime Minister Yevgeny Primakov and his government, which is comparatively more left and social welfare oriented, and not deepen the present economic crisis with a new political crisis.
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Life after retirement
by Rahul Singh

INDIANS find it very difficult to accept retirement. For many of them, their jobs, whether it is in government service or with a private company, define their lives. Their prestige, the way their friends and everybody else, for that matter, look upon them is relative to the post they hold. They don’t seem to exist on their own right, only as an attachment to their job.

Which is why, even when they retire, they like to refer to themselves as, say, “former Home Secretary (Government of India)”, or “former General Manager (Hindustan Lever)”, or even “former Editor (Times of India)”. It is rather sad and a little pathetic.

Few Indians manage to retire with grace and dignity, happy to accept a lower status in life and to enjoy some of the good things that they missed in their hectic workdays. Why?

In most other countries, especially developed countries, it is very different. A lot of people there develop hobbies or other interests and cannot wait to retire, to be able to indulge more fully in those interests, like stamp-collecting, photography or gardening.

Of course, economics plays an important part in the differing attitudes. In the developed world, a retired man is usually financially secure, with a comfortable pension or sufficient savings. Health care a constant worry for the aged is also taken care of by insurance or by a state-funded national health service, such as exists in most of western Europe.

But the difference goes beyond economics. Even those who are financially pretty secure in India, when they retire, rarely enjoy their retirement. They hanker for more work of the same kind, even if it goes by the nebulous name of “consultancy”.

These thoughts come to mind after a recent trip to Europe. While in Paris I met an old friend and colleague of mine from my Readers Digest days: John Dimitry Panitza, “Dimi” to his friends. He used to be in charge of the European office of the Digest, which was based in Paris, while I was the editor of the magazine in India. Dimi then went to the head office of the Digest in Pleasantville, New York.

However, before he was officially due to retire, he decided to call it a day. Why he did so, makes for a fascinating and instructive story. Top

Dimi is a Bulgarian. He left his country, disillusioned, when it became communist, soon after World War II. He came to Paris, virtually penniless, vowing to return only when democracy and the freedom of expression were restored to his country. He married a French girl, Yvonne, joined the Digest and rose up in its editorial ranks.

But like all true patriots, he kept in close touch with Bulgaria. Following the break-up of the Soviet Union and the collapse of communism in Eastern Europe, democracy returned to Bulgaria. Dimi decided he must get more involved with the country of his birth and upbringing, and help it in the painful transition to representative government and the building of a free Press.

In 1991, he and his wife set up a foundation, “Free and Democratic Bulgaria foundation”, in the country’s capital, Sofia. The “Statement of Purpose” of the foundation reads: “The main goal of the foundation is to promote the democratisation of Bulgarian society. We believe that democracy rests upon political pluralism, a free Press, a market economy, tolerance, youth education, open dialogue.”

It was around this time that Dimi decided to leave the Digest and devote most of his energies to the foundation. In India, he would have been considered to be a little of his head to take such a decision.

He now divides his time between Paris and Sofia. He looks more fulfilled and zestful than I have ever seen him in the 30 years or so that I have known him and Yvonne, though I am sure it has not been easy raising the necessary money for the foundation and achieving some of its goals. These goals include a project for street children, an outward bound programme, civil society programmes, and the giving away of prizes for excellence in journalism.

His foundation received something of a setback when Bulgaria returned to communist rule, a few years back. But it was communism with a difference. At least the Press remained free and the government had been freely elected (a year back, the communists were again defeated by a disillusioned Bulgarian public and a non-communist coalition is in power at present).

How I wish there were people like Dimi in India, people who want to devote their talents and their energy to the noble cause of social and economic progress, to democracy and everything that goes with it, like the building up of civil society, the promotion of literacy, providing better health care and family planning services. We have quite a few non-governmental organisations (NGOs) doing excellent work, but nowhere near enough for a country of over 900 million people, faced with myriad problems.


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Middle

Between evil and virtue
by Meera V. Kapoor

MOSES saw Goodness supremely as Justice, Plato essentially as Wisdom, and Jesus centrally as Love. Yet they all agreed that virtue, however understood, was consistently undermined by something in human nature which was at war with something else. Commandments of good conduct, good behaviour, and morality get muted when self-preservation is at stake.

In real life, there is nothing “Just Right”. Life is a tale of thieves of hearts and thievery in hearts, and its fascinating moral ironies. We are victims of those who love us, and whom we trust. They dream our destinies and plunge us into nightmares. We are both dreamers and conspirators. We have a survival instinct as well as an ability for self-destruction.

The complexity of human nature is amazing. The most insignificant of mortals become the agents of disaster of the most powerful. Had Monica Lewinsky not confided into Linda Tripps about her friendship, and had Linda Tripps not taped her, Bill Clinton would have been a happier man. A man’s jealousy is like that of a child, fitful and foolish without depth. A woman’s jealousy is very different. Women can be as crafty as serpents, as cruel as death and as cold-hearted as stone. The gentle hand that rocks a cradle can wreck a powerful individual or an empire.

To be open and frank is a noble and generous thing, but often harmful. On the other hand, it is useful and often indispensable to dissemble and deceive, because man by nature is an evil being. Changez Khan had an elemental insight when he remarked “Beasthood is predictable, but civilised men are unpredictable except in their villainy. Expect evil of every man and you will never be disappointed”. Evil is more powerful than virtue. The tendency to tell a lie is a natural — spontaneous and universal. The journal of Personality and Social Psychology mentions that people told at least one lie a day, and that more socially adept folks stretched the truth more often than the less sophisticated. That is the reason why the devil is always depicted as a smooth-tongued fellow.

Passion has two ends — the delightful and deranged. High intensity and high voltage flow from both. There is a thin line between the two. Marriage is a tyranny over man’s natural instincts. Vital statistics play a vital role in the affairs of men and states.

When one enters the arena of personal emotions, one gets into uncertain regions. The outcome is unpredictable. Anything which is less predictable is potentially more dangerous. Everyone, man or woman, straight or gay, has the right to be silly once in a while. Some women when they are in proximity to power get into a state of perpetual tumescence.
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Whiff of democracy in top judiciary

point of law
by Anupam Gupta

REVOLUTION is a strong word and must not be used freely. But a coup it definitely is. Answering the Presidential reference, the Supreme Court has effected a silent coup in the matter of appointment and transfer of Judges. A silent democratic coup that alters not only the specifics of appointment and transfers but also the whole ambience of them. Unnoticed by the media, the court has given up the concept of “primacy” of the Chief Justice of India — a concept that dominated the Judges Appointment case of 1993 — and replaced it with the concept of “collegium”, a concept hitherto unknown to Indian law.“Collegium”, says the tenth edition of the Merriam Webster’s Collegiate Dictionary, supplying perhaps its best definition, is “a group in which each member has approximately equal power and authority.” Primacy, on the other extreme, is “the state of being first (as in importance, order or rank)” or “pre-eminence”. Pre-eminence, if you are not put off by dictionaries and wish to be absolutely certain, means “having paramount rank, dignity, or importance.”

None of the nine Judges in the 1993 case used the word “collegium” even once. Their various judgements (five in all, two dissenting) run into about 200 printed pages of one law journal and over 200 of another. The leading majority judgement employs, occasionally, cumbersome phrases like “integrated, participatory consultative process”. But it is primacy, the concept of primacy, that really dominates the discussion and is writ large over the judgement.

The 43-page advisory opinion pronounced by the court last week refers formally to the concept while quoting from the earlier judgement and setting out what it held. Yet it is clear beyond a shadow of doubt that the concept, with all its implications, has run out of favour with the court. It is not difficult to speculate why, though a considered, objective judgement must await the opening up of the official records.Top

In its place has come the concept of collegium, of equality as against primacy, and it is this new word which is found all over the place. On a rough and ready count, from pages 24 to 43 of the advisory opinion it is used as many as 28 times.

A five-member collegium headed by the CJI, it is the collegium and not the CJI which shall henceforth decide upon all appointments to the Supreme Court and transfer of High Court Judges and Chief Justices. The seniormost puisne Judges of the Supreme Court who, alongwith the CJI, constitute the collegium are not mere consultees, as was the case under the earlier judgement. To read the advisory opinion as merely expanding the number of consultee puisne Judges from two to four is to read it superficially. Except in designation, the four puisne members of the collegium are the CJI’s equals for all intents and purposes. That is what the word “collegium” implies and the word has obviously been chosen with care.

The advisory opinion goes, in fact, a step further and tilts the decision-making process in favour of the puisne judges and against the CJI.

“It is, we think,” says the court, “reasonable to expect that the collegium would make its recommendations based on a consensus.” Should that not happen, it must be remembered that no one can be appointed to the Supreme Court unless his appointment is in conformity with the CJI’s opinion. “The question that remains is: what is the position when the Chief Justice of India is in a minority and the majority of the collegium disfavour the appointment of a particular person?” Regardless of the answer, the asking of the question represents a major advance in the democratic perceptions of India’s apex court.

But the answer is even better than the question. If the majority of the collegium is against the appointment of a particular person, says the court, that person shall not be appointed — and that is “what must invariably happen.” Further, for that is not enough, “we have little doubt that even if two of the Judges forming the collegium express strong views, for good reasons”, against the appointment of a particular person, the CJI “would not press for such appointment”.

Two against three (including the CJI)! This is full-blooded judicial democracy, a democracy that respects and values the courage of dissent. And unless something goes wrong, drastically wrong and cronyism takes over, a democracy that is a standing insurance against the type of judicial autocracy that, courtesy Chief Justice Sajjad Ali Shah, brought Pakistan to the brink of disaster last year.

Though limited, there is some scope for executive dissent as well. Question No 4 referred by the President touched the government’s reluctance to make a particular appointment, despite the opinion of the CJI, and the reasons for non-appointment. Materials and information conveyed by the government, the court has now answered, must be shared by the CJI with the other members of the collegium. It is “imperative”, it says, that the number of Judges who consider the reasons for non-appointment “must be as large” as the number that made the recommendation. If one or more members of the collegium have retired in the meanwhile, or are otherwise unavailable, the other seniormost Judge or Judges must step into their place to complete the collegium so that the recommendation can be reconsidered. But that, again, is not enough. “It is only if it is unanimously reiterated that the appointment must be made.

From consultation to majority opinion to the opinion of two against three to total unanimity. That is the route that the advisory opinion traverses.

Even if only a whit more, the nation is better and safer for that.
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Indifference to Assembly elections


by Humra Quraishi

THE coming elections for the Assembly seats (70 of these in Delhi alone, besides 320 in MP, 200 in Rajasthan, 40 in Mizoram) will, besides deciding which political party will lose or gain, also confirm the electorate’s tolerance level. Tolerance with regard to all those political speeches, promises made (but seldom kept) arguments hurled to and fro. Afterall November 16 is UN’s International Day for Tolerance! For some the seeds of intolerance to that species called the politician have begun to grow to such an extent that amongst the general public there is an air of indifference to the coming polls and there is also talk that some mohallas might even boycott the polls. But would the outcome of these Assembly elections make a difference to the national scenario? “No”, says Christopher Thomas, the New Delhi-based London Times’ bureau chief for South Asia and who very recently edited a book ‘Assignment India’ (which is a collection of the writings and reflections of nine foreign journalists who at various stages covered India). “For local and national politics are separate ... maybe this present government would stagger on for sometime but not last its full term, and then it could be replaced by another. Don’t ask me which party or parties, for, even the Congress is a decaying organisation and so options get limited. Maybe some other form of coalition could come up. Here one thing that I really want to point out is that no matter what happens, this country will not crack up. Earlier too it has gone through bad times but each time it managed to come out through sheer resilience and some form of tremendous strength. “Thomas recounts that in the past 10 years, ever since he has been covering the region, he has witnessed dramatic changes taking place in India, both on political and economic fronts”. Politically these recent years have seen the end of one-party rule, decline of the Nehru — Gandhi dynasty, great political instability. On the economic front the changes are so obvious in cities. They have become commercial and westernised but together with that the people have changed — like the urbans in western countries there is a look of dislocation on people’s faces as though each is looking for something. So much that to feel or see the rhythm of India you have to go to the countryside for, it is there that even today people can be seen smiling ...”Top

I really wonder how long will those smiles continue! Here in this capital we are all sitting with our smiles snatched off, with most not even getting enough to buy or eat. Just this one for a sample. Though the Delhi Government is doing enough propaganda that onions can be bought at the Mother Dairy outlets but try indulging in some onionshopping and you’ll realise, what I mean. On Thursday afternoon, at one such Mother Dairy outlet out of the 300 buyers (all solemnly and duly equipped with ration cards) only 120 could get a kilogram of onion each for that week. No mathematical wonder for, the outlet received only 120 kg of onions and so the remaining 180 potential buyers were again left onion-less.

Communal politics

Just today morning I received an invitation for the inauguration of the India International Trade Fair ‘98, on November 14. Whilst going through the inaugural programme what struck one was the mention of ‘Vedic hymn’, just after the inaugural address of the President of India. It was even more interesting to discover that the singing of Vedic hymns at the inauguration ceremony of this annual International Trade Fair was introduced by Mohammad Yunus, in 1981 when he was Chairman of India International Trade Fair Authority. “In fact the first IITF was held in ‘81 itself and Mohammad Yunus was its Chairman and as far as we know it is he who introduced the singing of Vedic hymns at the inauguration and the tradition continues to this day ... there was so much of communal harmony even till the 80’s and that’s why nobody ever objected or found anything amiss in it. Not like the times we are living in where people of this country have been purposely divided along religious lines, especially after the rath yatras and Babri Masjid demolition”, says a senior official of the India Trade Promotion Organisation, hosting the India International Trade Fair. And for this year’s IITF, there are over 30 participating countries, interesting to note that some countries like Pakistan would be noticeable by their dual participation, for simultaneously along with this fair there is going to be another fair — G-77 at Pragati Maidan. For the G-77 fair there will be 25 participating countries and so there will be dual representations. Let’s see whether any of the participating countries would be thoughtful enough to carry sackfuls of onions or potatoes, to sell them for our semi-filled stomachs.

Before we move on, some lines on Mohammad Yunus — he is a nephew of ‘Frontier Gandhi’ (Khan Abdul Ghaffar Khan) and one of the close associates of Nehru and Indira Gandhi. For the past few years he has become a total recluse; with health and personal tragedies having taken their toll on him but even at this age he has that aura and those looks that you cannot help looking twice in his direction.

Day with a difference ...

November 3 is the national day of Panama and as I have repeatedly mentioned in the confines of this column, the Ambassador, Ms Mirta S. Polo, of this Latin American country wouldn’t be hosting a reception, rather spending that day in the company of our have-nots. As she tells me even on this November 3 morning she will go to one of the maternity hospitals in the walled city and give hampers to babies born that very night (2-3 November night) and the evening will be spent by giving donations to several organisations working with disabled, disadvantaged children and also those children whose mothers are languishing in prison.
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75 YEARS AGO
Allied negotiations

MARQIS CURZON this afternoon conferred successively with the Italian, Belgian, German and French Ambassadors on the question relating to the reply to the last German note.

It is understood the last German Ambassador’s visit was not connected with any fresh German proposal, but related to the political and economical situation in Germany.

It is also understood that the French and Belgian Ambassadors left written replies to the British note. These replies are not identical, as was stated earlier, but differ on certain points. Marquis Curzon merely intimated that he would submit the replica to the British Cabinet tomorrow.

It is semi-officially stated that the Belgian reply adheres unrestrictedly to the principles that the Ruhr shall be evacuated on the condition that payment of reparations be made, and the negotiations shall only begin when passive resistance is ended. The reply further refers to the “technical considerations” with regard to reparations recently circulated to the Paris, London and Rome Cabinets. It also submits additional considerations on the subject. Political circles in Brussels consider that the reply contains elements of a constructive plan.

It is learned that the Belgian reply to the British note favours the proposal to appoint a committee of experts to advise the Reparations Commission in assessing payments to be demanded from Germany. It also makes suggestions for the evacuation of the Ruhr, proportionately with Germany’s future payments.
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