E D I T O R I A L P A G E |
Thursday, July 29, 1999 |
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EC
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OVER PRESIDENTS POWERS |
Building
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Jallianwala Bagh Fund |
EC cracks the whip SEVERAL ministers of the Vajpayee government have put their oratorial skills to optimum use to argue that there is no difference between a caretaker government and a regular government because the Constitution does not recognise any such distinction. So, just because the Founding Fathers could never envisage a situation in which a government will continue to enjoy all the privileges even after losing a vote of confidence, men like Mr Pramod Mahajan reject any qualifying adjective. And indeed, they have gone about their task all these months as if the word "caretaker" is not in their dictionary. At last, it is the Election Commission that has set about to restrain them. Unfortunately, while trying to ensure that the government does not overstep its authority, the EC itself has made a move which goes beyond the powers it has conferred on itself. The Chief Election Commissioner had decided to look the other way when the government conferred a largess on telecom companies, which cost the exchequer more than Rs 1,500 crore. He also did not find anything amiss when some Secretary-level officials were transferred. But the CEC has decided to crack the whip on the issue of such "vital import" as the direct to home television and the beaming of DD-1 and DD-2 channels by cable operators. It is not clear how these constitute a bigger violation of the model code of conduct than the telecom package. The model code of conduct debars the ministers and their authorities from announcing any financial grants, laying foundation stones of projects or schemes, making populist promises, and making any appointments in government bodies or public sector undertakings "which may have the effect of influencing the voters in favour of the party in power". The proposal regarding the DTH envisaged granting licence to Doordarshan for exclusive operation of direct-to-home for five years. Does it in any way favour the party in power? What about making it compulsory for satellite cable operators to beam Doordarshan channels? This demand has been raised by almost all parties for several years now. Of course, these are
major decisions and should have best been avoided on the
eve of the elections. But the point is that instead of
scuttling these moves, the Election Commission should
have concerned itself with overruling other decisions of
the government. The code of conduct is specific in this
regard: "The party in power, whether at the Centre
or in a state, shall ensure that no cause is given for
any complaint that it has used its official position for
the purposes of its election campaign". The Vajpayee
government did give several such occasions. No action was
forthcoming from the Election Commission. Cracking the
whip at this stage gives rise to the suspicion that it is
trying to go to the other extreme in response to the
earlier criticism about inaction. But then, two wrongs
never make a right. |
Killings in Ahmedabad LAST week the district administration took the sensible decision of imposing curfew in certain sensitive areas of Ahmedabad following reports of communal tension, in some way linked to the action in Kargil. It was presumed that the spell of forced inactivity would effectively kill the malicious rumours and help in the early restoration of normal activity in the curfew-bound localities.But exactly the opposite seems to have happened.The eruption of violence during the period when curfew was lifted early this week has exposed the inability of the district administration in the matter of identifying the source of mischief and placing the malcontent under preventive detention. It appears that the cooling off period, for which curfew was imposed, was instead utilised by the goons for fine tuning their strategy for spreading terror in the city from where Mahatma Gandhi gave the message of non-violence and communal harmony. In one area the anti-social elements poured kerosene on a young man and torched him. In another locality a man had his head smashed against a boulder. At the end of the day the "communal scorecard" released by the police showed four deaths and injuries to at least a dozen passers-by in localities where mob violence erupted following reports of guerrilla-type incidents of targeted stabbing. That the situation which appeared to be limping back to normal has inexplicably gone out of hand is evident from the shoot-at-sight order issued by the administration. Curfew has been extended to some more areas by way of abundant precaution. However, both the
district administration and the State Government have a
lot to explain for the unhappy turn of events which
reminded Ahmedabad of 1992 when the city remained in the
grip of communal tension for several months. The police
has not been able to identify the diabolical brain behind
the current round of violence. The Congress is blaming
the Bharatiya Janata Party, which is in power in Gujarat,
for incidents of killing in the city which has a large
labour force attached to the textile industry. But the
BJP says the Congress has planned the "operation
mayhem" for gaining political advantage in the Lok
Sabha elections. However, the common citizen is not
impressed by either of the two explanations. He holds the
Congress and the BJP equally responsible for whipping up
communal frenzy. Unfortunately, in the absence of a
viable third alternative the electorate would have to
choose between the devil and the deep sea. Perhaps, the
BJP would suffer more because of the failure of the
district administration in unmasking the trouble-makers
who have evolved the stab-and-run tactic for spreading
communal tension in Ahmedabad. |
Dreaded nexus re-exposed LAST Friday's shootout in New Delhi, hardly 1 km from the Prime Minister's residence7 Race Course Roadleading to the arrest of the dreaded underworld don, Madan Bhaiya of Uttar Pradesh, has re-exposed the growing nexus involving criminals and politicians. The most prized catch in the hands of the Delhi police is a former MLA of the Samajwadi Party, who once represented the Khekra constituency in UP. Whether he still continues to maintain his political links will be known when the September elections generate heat. But in UP and Bihar particularly, criminals' connections with politicians are too deep to be snapped so easily and this is an accepted fact. If Madan Bhaiya has been operating without being caught by the police for quite a long time it could not have been possible without strong political links. Of course, he could have been done to death by the UP police had he been a threat to the life of the present Chief Minister or any of his predecessors. But Madan Bhaiya is not Shriprakash Shukla, who was killed in an encounter with the police recently as he accepted money to implement a plot to eliminate Mr Kalyan Singh. Madan Bhaiya is a shrewd operator. Incidentally, Shukla too was close to the Samajwadi Party of Mr Mulayam Singh Yadav. This, however, does not mean that the other political parties do not patronise criminals or are not a part of a nexus involving these shady characters. The unholy nexus is a well-known reality. Politicians use the
criminals they patronise not only for political purposes
but also for accomplishing other tasks. A study of the
circumstances leading to the arrest of Madan Bhaiya
brings to the fore that a former mayor of Meerut entered
into a deal with the mafia leader by offering Rs 5 crore
to eliminate his business partner. That the outcome of
the deal was the kidnapping of the businessman leading to
the criminal falling in the police net is not the point
here. The point is that the Meerut mayor must have known
Madan Bhaiya or someone close to him to make him part of
the criminal plot. The incident has brought into sharp
focus the necessity of freeing politics from the clutches
of criminals. This can be done if some public-spirited
person takes the matter to the court and demands that
those involved in serious criminal cases should not be
allowed to contest the elections. Also, those once
convicted must be debarred from entering the poll arena.
Political parties have often promised to deny criminal
elements an entry into legislatures. Now is the time for
the public to insist that a beginning must be made to
weaken the politics-crime nexus, if it is not possible to
destroy it root and branch. The Election Commission too
can play an effective role in achieving this laudable
objective. But the pressure has to be built by the
concerned citizens of the country. |
ROW OVER PRESIDENTS
POWERS WHILE the arguments over a caretaker regimes rights and the Presidents powers, highlighted again by Mr K.R. Narayanans reported objection to the Cabinets changes in the telecommunications policy, threaten to drag the highest office in the country into an unnecessary controversy, they are also a reminder that Indians are all at sea when it comes to grey areas where propriety and good sense rather than the letter of the law should determine action. No wonder then that Rajendra Prasad, being entirely Indian in his orientation, appealed to jurists in Allahabad to examine the constitutional ambit of the office he occupied. Aside from their personal friction, the request itself was anathema to the anglicised Jawaharlal Nehru who had earlier rejected demands in the Constituent Assembly for the Presidents powers to be spelt out. Nehru felt that a list of dos and donts would derogate from the dignity of a position that was analogous to that of the British monarch. India, he held, should be guided by conventions like Britain. We all know, of course, how Indira Gandhi dealt with conventions. The danger now is that too much Presidential intervention even if at the Bharatiya Janata Partys expense might sooner or later prompt even the latters most bitter adversary to take constitutional steps further to clip the Presidential wings. No potential Prime Minister would countenance Rashtrapati Bhavans emergence as an alternative centre of power. The extra responsibility that has been thrust on Mr Narayanan because Mr Atal Behari Vajpayee is marking time till the elections may not be the only reason why the controversy has surfaced again. While everything also seems to point to a personal taste for direct action, contrary reactions to this intervention suggest a disquieting conclusion. The President was applauded when he in effect aborted the governments attempt to dismiss the Bihar ministry. But he was accused of abusing his privilege when he asked the Prime Minister to seek a vote of confidence because Ms Jayalalitha and her 16 MPs had withdrawn support. What this indicates is that Presidential intervention is welcome when the decision itself synchronises with the public (medias?) mood but criticised when whatever the President does is unpopular in certain circles. No principle is at stake, only pragmatism, which places the President in the position of not having to consult either the Constitution or his conscience but only to take note of public expectations. If so, there would be nothing to distinguish the head of state, who is supposed to be above politics, from a practising politician for whom playing to the gallery is an occupational obligation. Instead of being the equivalent of the apolitical British sovereign, our President would then be closer to the chief executives of France or the United States of America who are both the countrys first politician. Some might argue that both roles lie within his capacity. The President is a titular head when a firmly ensconced ruling party enjoys a parliamentary majority. He is transformed into chief executive when there is a disabled caretaker government. Such duality warns of the confusion and conflict that marked Rajiv Gandhis troubled relationship with Giani Zail Singh. It is not generally remembered that Rajiv Gandhi did not have the mandate of party or Parliament when Gianiji swore him in as Prime Minister. Asked to justify that action, Giani Zail Singh countered that Queen Elizabeth had similarly called on Harold Macmillan when Anthony Eden resigned without tendering advice. Later, Gianiji was adamant that he could dismiss the Prime Minister. Since he did not put the claim to the test there is no means of knowing whether he believed in it or only used it as a bargaining counter. But Rajiv Gandhi complained that Gianiji with his limited English, interpreted the constitutional stipulation that the Prime Minister held office during the pleasure of the President literally. A revival of that dispute would compound political uncertainty. Conflict is not to be ruled out with reports suggesting that Mr Narayanan is taking a close interest in administration for which there is no constitutional precedent or sanction. One instance relates to dealing direct with the Civil Aviation Secretary to elicit information on the purchase of new aircraft. The other is the Presidential stand on the new telecom tariff after sending for Mr Jagmohan who had ceased to hold the relevant portfolio by then. It is immaterial whether the policy change is right or wrong, or whether Mr Narayanan is justified in fearing that it will result in a loss of revenue, especially when revenue sharing agreements replace fixed licence fees. Nor does it matter that both the Attorney-General and the Election Commission had cleared the changes. The point is that no President has any business dealing direct with individual officials and ministers. The Prime Minister should be his only point of contact in the government. Of course, he can gather information indirectly through friends and his own secretariat; but any conclusion he comes to as a result of such enquiries must be conveyed only to the Head of Government Mr Vajpayee to handle as he chooses. The Prime Minister and his colleagues have much to gain from the experience and insights of a man like Mr Narayanan. There is nothing to indicate either that Mr Vajpayee either withholds information from him or fails to consult him regularly. All the more reason, therefore, to stress that the Presidents responsibility ends once he has given his advice. He cannot go around or behind the Prime Minister without the risk of a serious constitutional impasse. Perhaps this situation would not have arisen if we did not have a caretaker regime. The rules are fairly clear now, such a government not being expected to pass ordinances or laws, appoint governors and ambassadors, or make major budget changes. Obviously, however, governance cannot come to a standstill for six months. The Prime Minister must act like one, providing that his actions are all in the public, and not the partys interest. Mr Vajpayee cannot be faulted seriously in this respect. He has been more circumspect than other caretaker Prime Ministers like Charan Singh or Mr Inder Kumar Gujral. Such infringements as he is charged with are nothing compared to the large-scale bribery inherent in many actions that Congress governments took on the eve of elections. Nevertheless, it is undeniable that the situation does enjoin certain watchdog functions for the President. All the more reason, therefore, why he must be careful not to overstep his position. If he does, whoever is returned to office next time will promptly amend the Constitution yet again. As Morarji Desai showed in 1977 by retaining many of Indira Gandhis legislative restrictions, no politician wants an interventionist President. Caretaker Prime Ministers are the rule rather than the exception in this age of coalition politics. A firm and impartial President with no personal axe to grind, who enjoys the nations respect and the trust of all party leaders, could be significant ballast for stability. Mr Narayanan could
easily fill that role. He has the wisdom not to damage
national expectations by doing anything that might play
into the hands of interested parties by making
Rashtrapati Bhavan appear like a rival focus of power. |
Cause of N-disarmament NUCLEAR capability in an atmosphere surcharged with hostility adds up to a scary scenario. Therefore, Hiroshima Day, which falls on August 6, carries a special message and warning for the subcontinent, lest some madcap on either side of the Indo-Pakistan border should press the nuclear button in a fit of jingoistic frenzy. Repetitive observance of Hiroshima Day, which recalls perhaps the most shattering experience in human history, has not deflected man from the path of nuclear insanity. With the passage of time, memory fades and wounds heal, but lessons are seldom learnt. Today we are precariously perched atop a nuclear stockpile whose destructive power is sufficient to blow up the planet Earth 50 times over. And yet there is no genuine move towards nuclear disarmament. Moreover, compounding the craziness are the nuclear threshold states, waiting in the wings to lend further momentum to the lemming-like drive towards self-annihilation. Unless the five established nuclear powers announce a time-bound programme to roll back their deadly arsenals, the CTBT will remain an unmitigated farce. Ever since the USA conducted the first nuclear test in Alamogarda, New Mexico, on July 16, 1945 the worlds established nuclear haves have conducted 2045 tests to strengthen their arsenals. The breakup: the USA, 1,030; the former Soviet Union 715; France 210; Britain 45 and China 45. There exist today about 5,000 nuclear weapons, the combined explosive power of which is estimated to be equivalent to that of more than one million Hiroshima bombs or some 14 billion tons of TNT, which represents more than three tons for every man, woman and child. What I saw and heard at Hiroshima a few years ago left a distressing impression that the release of an atom bomb on the city by US bomber Enola Gay at 8.15 a.m. on August 6, 1945, was perhaps the blackest deed in the annals of human conflict. My guide asserted that within seconds of the explosion of the atom bomb 580 metres above the ground 10,000 people died instantly and 90 per cent of all the buildings were destroyed, making the city look like a scorched plain. Sceptical, I checked up with the city government officials. They not only supported this assertion but also added that actually the death toll due to the bomb was nearly 14 times higher, rising to approximately 1,40,000 before the end of December, 1945. They also pointed out that the second atom bomb attack on Nagasaki on August 9, 1945, caused the death of another 70,000 people. Hiroshima has been rebuilt into a flourishing metropolitan centre. Nonetheless, visits to A-Bomb Hospital and A-Bomb Alley, both in the heart of the city, were heart-rending experiences. Reports say that A-Bomb Hospital still has a number of old survivors, most of them teetering on the brink of demise. The day I visited the Peace Memorial Museum was not Hiroshima Day, but still the portals, corridors and halls were thronged by visitors, both Japanese and foreigners. Among the exhibits on display were horrendous photographs of death and devastation: shadow on a stone-wall of a victim who simply evaporated in the blast, charred household articles, mangled bicycles, molten roof tiles, etc. But what seemed to attract special attention was clocks and timepieces showing their hands stuck at the time 8.15. We were told that these had melted instantaneously because of the heat produced by the atom bomb explosion, recording the fateful moment, as it were, in perpetuity. On emerging from the chamber of horrors, I happened to meet the daughter of the legendary Albert Schweitzer, winner of the Nobel Prize for Peace. Asked what she felt after having seen the result of the monumental folly of man, she conveyed in a heavy Swiss-German accent that she did not speak English and kept mum. Her silence and a forlorn, morose look said it all. The Peace Memorial Museum occupies the centre of a large complex called the Hiroshima Peace Memorial Park. The other notable parts of this peace complex are the Memorial Cenotaph, Flame of Peace, Childrens Peace Monument and the Atom Bomb Dome. Unveiled on August 6, 1952, the Memorial Cenotaph has at its centre a stone coffin which holds a Register of A-Bomb Victims. Every year, on August 6, the names of victims reported by their friends and families to have died of A-Bomb related diseases are added to the register. The Childrens Peace Monument, also known as the Tower of the Paper Cranes, was inspired by Sadako Sasaki, a vivacious young girl struck down by radiation. Sadako was one of many children who developed leukemia after a decade. In the hospital, she folded over a thousand paper cranes, using medicine wrapping paper, in the hope that doing so would cure her, but in vain. After Sadako died in October, 1955, the monument was built in 1958. On top of the concrete tower stands the bronze statue of a young girl holding over her head a huge paper crane, symbolising the hope of all children for a peaceful future. The Atom Bomb Dome has
been preserved as the building nearest to the hypocentre,
which means the point exactly over which the atom bomb
exploded. Built in 1915, the prestigious building was
christened the Hiroshima Industrial Promotion Hall before
it ended up being poignantly called the A-Bomb Dome.
Because the force of the atomic blast came from almost
directly above, the section of the building under the
central dome is still standing, a stark reminder of the
destructive streak in man. |
Building Cwealth bridges THE fundamental reason of the emergence of the Commonwealth was essentially the unprecedented manner in which nationalism arose within each colony. The magnitude of the rise of nationalism in colonies throughout the world was such a powerful political force that no European empire could withstand it. However, initially the concept of Commonwealth nations had emerged in Europe only. Originally it all began with England, Scotland and Ireland. Eventually this European concept spread to the Third World countries, despite the fact that the new nations of the Commonwealth had nothing common among themselves. Full of diversity, each with its own identity had different culture and history. Yet each one of them had underlying unity that of rise of nationalism essentially because of alien domination and suppression and finally in-built nation-building process. The essence of the evolution of the commonwealth was basically because of the creation of politically similar nations which had adopted parliamentary democracy through interaction and gradual practice. Its interesting to observe how convincingly the system of parliamentary democracy became common to the Commonwealth. The very demand for this system arose from the Independence movements in the colonies. It naturally evolved the struggle for the alternative democratic government, the freedom of the Press, the right to protest, to hold public meetings and a platform to fight any kind of suppression. This inevitably emerged a specifically Commonwealth type of democracy and finally the idea of Commonwealth nations spread its wings. This follow-up is on the Commonwealth nations and India: In 1949 when India was for the first time invited to become a member of the Commonwealth nations, Pandit Jawaharlal Nehru had refused point blank. He had explicitly expressed his revolt that as long as the Queen was the active head of the Commonwealth, it would continue to smack of domination. However, by 1953-54 this imposition was removed by declaring the Queen as only a figure-head. This automatically signalled that the CHOGM meetings would be headed by the executive head of the nation where these may be held in future. Soon India consented to be a Commonwealth nation. The practical action to build relations between the Commonwealth nations was slow but steady. For instance, Canada had ministers only in France and Japan appointed in 1928 and 1929. South Africa created a separate department for external affairs in 1927; and Australia in 1935. New Zealand had no overseas representatives except for a High Commissioner in London. However, a huge change took place during and after the second world war. By 1938 Canada and South Africa appointed High Commissioners to all the other Commonwealth nations. In 1946 Canada passed an Act to create a Department for External Affairs (DEA). Australia followed in their footsteps in 1946. By 1960 India had 32 ambassadors, Canada 29, Pakistan 28, Australia 12, South Africa 8 Ceylon (now Sri Lanka) 5, Ghana 4 and New Zealand and Malaya 3 each. The original four members of the Commonwealth nations were Canada, Australia, South Africa and New Zealand. All the four grew into nations out of colonies of settlement. They achieved their independence by demanding and fighting for equality of their Parliaments with the Parliament at Westminster. Also in all the four the rise of nationalism and evolution of parliamentary democracy had emerged as sequence of protest against alien domination. In India the demand for parliamentary democracy rose quite along with its struggle for independence. At its very first session in Bombay in 1885, the Indian National Congress demanded representation besides having formed a shadow government. By 1921 a Central Legislative Authority was formed with a majority elected from amongst Indians. To cut the long story short, what was sown in 1921 turned out to be a ripe crop by 1947 and by 1953 India too became a Commonwealth nation. Interestingly, the Commonwealth Asian Centre got located in Chandigarh by accident. The Commonwealth secretariat founded in London had been spreading its wings and was looking for a space in India for its Asian Centre in 1974. The Government of India suggested Chandigarh to the visiting team which fell in love with the beauty of Chandigarh. So we have this complex situated in the premises of College of Architecture in Sector 12. According to Dr Bhagban Prakash, SPO and HRD Lead Officer of Chandigarhs Asian Centre of the Commonwealth, We are at present dealing with two distinctly different sub-regions. On the one hand, we have India, Sri Lanka, Pakistan, Bangladesh, while on the other hand the countries are Malaysia, Singapore and Brunei. The socio-economic complexities of these two regions are vastly diverse. For instance we are at present working on the family concept. While population explosion is a major issue in one sub-region, alarming population scarcity haunts the other region. Singapores per capita income is even higher than England. Yet it is short of 60,000 students in schools each year forcing the closure of many institutions. Today Commonwealth nations work on a well-defined system. Top of the line is CYM (Commonwealth Youth Ministers). Its followed by COM (Committee of Management) and RAB (Regional Advisory Board). All the forums are equally represented by every Commonwealth nation. The Asia Centre at Chandigarh like the other CYP regional centres is headed by a Regional Director. It has been conducting Commonwealth Diploma Courses for youth workers since 1975. Besides workshops are conducted on specific areas of interest to youth. Commonwealth youth ministers who represent their own countries were surprised to discover that till 1995 only 17 out of 54 Commonwealth countries had national youth policies. Such interactions have helped these countries in their nation building process. Dr Prakash, who was one
of the core group members who developed a manual on
Family life education for youth, feels
Commonwealth nations is an intra-government
body next to the United Nations. It has successfully
played a role to bring the universe on closer ties. It
has been promoting a democratic and progressive way of
life. The United Nations was primarily a weak
organisation with an in-built paradox of Veto. It has an
ironical structure of five powerful countries as against
175 powerless countries. However, Commonwealth
nations dont suffer from any such onslaught.
It builds bridges over international relations, moral
checks and balances and general goodwill amongst each
other. |
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