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Challenge for the
Congress Victory for Maoists |
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Stuck in
the past
A
Tribune Debate
The
antique clock
Meltdown on nuclear
deal Dalit Christians too
need reservations Delhi Durbar
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Challenge for the Congress Whatever
party spokesmen might say, the Gujarat results have thrown up a formidable task for the Congress and for Mrs Sonia Gandhi in particular. Just as it was Mr Narendra Modi who mattered the most in the Gujarat elections for the BJP, the Congress had only Mrs Sonia Gandhi to fight against him. The party has failed to dislodge the man it hated most. It is because of her Nehru-Gandhi legacy that Mrs Gandhi is perceived by Congressmen to be the tallest of the present Congress leaders. But the leader has also to translate his or her appeal into vote-gathering capability. That capacity has been mauled by the Gujarat results. Whether it is Punjab, Bihar, Jharkhand, Uttarakhand or Uttar Pradesh, Mrs Gandhi’s charisma does not seem to be working. That could be a cause for concern for the party as well as Mrs Gandhi. After all, the next general elections are not too far away. It will not be easy to go into the parliamentary battle in early 2009 with a somewhat bruised image. While all that is a party matter, the people are concerned about the impact of the Gujarat elections on national policies and priorities. The Congress has already been under tremendous pressure from the Left on the nuclear agreement and various other issues like privatisation. This pressure is likely to increase further, now that the impression has become stronger that the Congress is in no position to go in for a snap poll even if it is pushed further to the wall. Since the Congress — rather the UPA — is in power, it is easy to forget that the party was in the dumps till the 2004 elections. It changed its earlier policy to sew up poll pacts with various regional parties which helped it to make a dramatic recovery. That eminent position is likely to be eroded with the losses suffered in various states. What must be remembered is that the glue that holds alliance partners together is the lure of power. If the buzz in the election market is that a particular party is on the downswing, some passengers may think of parting ways. The Congress has about a year to work out its strategy about policies and programmes. The state of the party in most of the country is no better than it has been in Gujarat. The Congress party has a big challenge on hand while the BJP has to think whether it can extend Mr Narendra Modi’s line to the rest of the country.
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Victory for Maoists THE seven-party alliance in Nepal has succeeded in hammering out a formula to end the three-month-old political crisis in the country. The alliance leaders have signed an agreement that will lead to the Maoists rejoining the interim government led by Nepali Congress leader Girija Prasad Koirala. The Maoists had pulled out of the government in September in protest against the non-acceptance of their demands, including the declaration of Nepal as a federal democratic republic. All constituents of the alliance have given their consent to the Maoist demand, but Nepal’s switchover to a full-fledged republic will have to be ratified by the Constituent Assembly to be elected in April. The elections, earlier scheduled to be held in November, were postponed with the Maoist withdrawal from the Koirala ministry in September. The latest political deal is a major achievement for the Maoists, who have been waging a war against the monarchy since 1996. The accord also has it that the interim parliament can abolish the monarchy if the deposed king is found to be conspiring to sabotage the Constituent Assembly elections. The Maoists’ dream of a proportional system of representation will also become a reality but only as a part of a mixed system. All 601 assembly members will be elected through both the proportional and direct (first-past-the-post) systems with 58 per cent of the seats going to the former system. The prime minister will have the right to nominate 26 members. People will feel relieved with the return of political normalcy in Nepal. They, however, need adequate job opportunities and the availability of the necessities of life, more than anything else. Though the end of political uncertainty does not mean the return of peace in Nepal, it is bound to cheer up the economy. The unending crisis had caused enormous suffering to the common man. The Maoists have ultimately got what they wanted. Now they must cooperate in running the government smoothly. They should not hesitate in returning to the legitimate owners the landed property they had forcibly occupied during their drive against the Shah dynasty.
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Stuck in the past IT is well known that problems in the agricultural sector and weak state finances hold back Punjab’s growth, but the seriousness of the malaise has been laid bare in the figures that have emerged from the National Development Council meetings. The 11th Plan document, which the NDC has approved, shows that Punjab grew at about 4.5 per cent over the last five years, putting the state at the bottom of the heap. Neighbouring Haryana and Himachal Pradesh have meanwhile surged ahead with impressive growth rates above 7 per cent, close to the national average. The symptoms and consequences of low growth are all around us, in terms of increasing unemployment and a general disaffection, among not just the farming community, but the youth. The green revolution has paled, and the state is struggling to extract the maximum possible. Increased productivity is a mirage, however, given the extent to which the soil and water resources have been exploited, by hectares of land devoted to rice and wheat. There have been insufficient incentives for crop diversification, and small and marginal farmers are suffering the most. And the state has simply not been able to attract new industries. Paradoxically, the state has also witnessed increasing consumption, the distortion perhaps best explained by how a single MNC food chain pays more VAT than masses of local industry, not to mention the continued bug bear of rich farmers not needing to pay even a paisa of income tax. Weak state revenue generation is simply the symptom of massive evasion, which continues unchecked, combined with several populist subsidies and freebies. It is small wonder that the prognosis for the 11th Plan is not very good either, with the state projected to grow only at 5.9 per cent, against the national average of 9 per cent. Forget Gujarat, which grew at 10.6 per cent, even Bihar, Rajasthan and Orissa are expected to do above 7 per cent during the coming Plan years. Clearly, Punjab has a lot to think and plan for.
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In war there is no second prize for the runner-up. — Omar Bradley
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A Tribune Debate
Politicians
— inside Parliament and outside it — have been talking about the judicial overreach and are saying that the Judges are outstepping their jurisdiction under the Constitution. It is alleged that in the exercise of the public interest (PIL) litigation jurisdiction the Judges are assuming the role of policy makers and as such are encroaching upon the powers of the executive and the legislature under the Constitution. They rely on the doctrine of separation of powers and accuse the Judges of crossing the Lakshman Rekha. It is difficult to visualise the so-called Lakshman Rekha. The Constitution explicitly demarcates the parameters under which the legislature, the executive and the judiciary are to function, but the doctrine of separation of powers as propounded by Montesquieu has not been adopted by the Indian Constitution. In a country having a written constitution, it is the Constitution which is supreme. Neither the legislature nor the executive nor the judiciary can claim supremacy. The three organs derive their powers from the written Constitution. The power of judicial review over the functioning of the executive and the legislature for enforcing the fundamental and other rights of the citizens under the Constitution is with the judiciary. In the exercise of this power, the judiciary has to go into the violation of the fundamental and other rights of the citizens and give appropriate directions. The extent of judicial review, especially in the field of PIL jurisdiction, primarily depends on the standards of governance by the executive. Misgovernance and non-governance would invariably affect the people’s rights, thereby giving rise to judicial intervention. While examining the violations of the fundamental rights, the court may have to probe the executive domain in the interest of justice. It would, therefore, be not possible to lay down any uniform definition of the so-called Lakshman Rekha. It depends on each case and it is for the Judge to keep in mind the interest of justice and constitutional parameters. A two-Judge Bench of the Supreme Court comprising Justice A.K. Mathur and Justice Markandey Katju recently observed in a service matter that the courts had apparently, if not clearly, strayed into the executive domain or in matters of policy. The Bench has given instances of some of such cases pending in the High Court of Delhi and has given a call for introspection and restraint. The Bench observations will give the judiciary an opportunity to re-examine PIL functioning — which has come to stay — and further streamline it. With this background, we may have to take a fresh look at the status of the judiciary under the Constitution. Parts III and IV of the Constitution contain the Fundamental Rights and the Directive Principles of State Policy. Right to equality before law, right to freedom, right to life and personal liberty, right to education, right against exploitation and right to freedom of religion are some of the fundamental rights. The Supreme Court has given very wide interpretation to the fundamental rights under the Constitution. The right to life under Article 21 means something more than survival or animal existence. It would include the right to live with human dignity, and by those aspects of life which go to make a man’s life meaningful, complete and worth living. Similarly, “right to equality” under Article 14 is an all-pervasive right. Apart from the “equality concept”, any act of omission on the part of executive which is arbitrary, would be hit by Article 14. The Directive Principles of State Policy in Part IV are the manifestation of a dream of the Constitution-framers to make India a welfare state. These principles are all-pervading and are touching every walk of human life such as the right to adequate means of livelihood, The right to equal pay for equal work, the right to health and strength of workers, men and women and the tender age of children, the right of children to develop in conditions of freedom and dignity, the right of children to free education up to the age of fourteen, the right to equal justice and free legal aid, the right to work and education and living wage for workers, promotion of educational and economic interests of the Scheduled Castes, the Scheduled Tribes and other weaker sections, protection and improvement of environment and safeguarding of forests. The fundamental rights are enforceable against the State. However, the Directive Principles are not enforceable but they are fundamental in the governance of the country and the State is duty-bound to apply these principles in making laws. A large number of people in India, for whose welfare these rights exist, are poor and many of them are living below poverty line. More than one-third of the population is illiterate. Environmental pollution is at its worst. Our air and water are highly polluted, resulting in suffocation and sickness. The eco-systems are chocked and are beyond revival. Corruption is rampant and has gone to the fabric of human society. Way back in 1991-92 the N.N. Vohra report disclosed a nexus between politicians, bureaucrats and criminals. Things have not improved since then. The distance between politics and crime is narrowing day by day. The scenario is a result of years of misgovernance and non-governance by the executive. But for the power of judicial review there would have been chaos in the country. Foreseeing the coming events, the Constitution-framers provided to the citizens the right to constitutional remedies for the enforcement of their rights. Articles 32 and 226 of the Constitution give the right of judicial review over the acts and omissions of the executive. It is the judiciary which is the watchdog of the Constitution, and through the process of judicial review it keeps the executive and the legislature within their powers, which they derive from the Constitution. All the three organs have to remain within their respective domains under the Constitution. What, then, is the scope of judicial review? We find the answer within the Constitution. The judicial review would extend to enforce the fundamental rights, to direct the State in appropriate cases to provide the welfare standards under the Directive Principles, to enforce the laws enacted by the legislature and to determine the legislative competence when challenged. The courts in the PIL jurisdiction entertain only those cases where a prima facie case is made out for the exercise of judicial review. Without elaborating any further it would suffice to say that the Supreme Court judgments — past and present — in the PIL jurisdiction are by and large in those cases where there are constitutional or statutory violations. However, I hasten to add that while discharging tremendous responsibility under the Constitution with huge workload, the judiciary may have suffered some aberrations here and there. There are ample safeguards to rectify those aberrations. Over the years PIL has done great service to the people of this country. It is a potent weapon in the hands of the poor, the oppressed and the downtrodden for the vindication of their rights. It is an inherent part of judicial review under the Constitution. PIL has come to stay and will stay. The writer is a former Judge of the Supreme Court of India and Chairman of the Delimitation Commission.
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The antique clock Keeping
an antique clock is a full-time job. The one I bought is truly beautiful. It has a square wooden case — mahogany so highly polished that I have the constant urge to caress it. The dial is porcelain with a thick brass rim, which with its colour of old gold adds a touch of lustre and of class, both to the dark mahogany of the case and the pristine white of the porcelain face. On the side are two keyholes with brass eyelids -one for the clock mechanism and the other for the chimes. Those soft melodious chimes took on all kinds of connotations. They spoke of dark, high ceilinged rooms and mullioned windows with their dappled light illuminating the old wooden flooring. They brought back memories of a hospital bed in school, red blankets and lying awake to count the chimes of another clock and when the chime’s had finished echoing, the haunting sound of a steam locomotive as it chugged its meandering way up steep slopes. They spoke of the fragrance of wild roses and the smell of wax polish from freshly polished furniture and floors. I was on cloud nine for six days and sought every opportunity to be near the clock when it chimed. Then, on the seventh day, the clock stopped. I rang up Jamil, from whom I had bought the clock and two days later one Afzal from Sahaspur arrived at my door. For two days I fussed over this important guest. The clock began working at 3 p.m. on the third day and at 3.30 Afzal departed, taking a minor fortune with him as his fees. I woke up in the middle of the night as the clock started chiming. I could have sworn that I counted 14 chimes. I left my bed, went down the stairs, pulled up a chair and sat facing the clock, waiting for it to chime again. An hour later it did — 14 times. Afzal was back again. When he left it was running well -except for the unimportant fact that it gained a little time: 15 minutes every hour to be precise. I rang him up. He said he had forgotten to tell me that I must put it back by three hours, every 12 hours. I did this. Though the hands showed the right time the chimes were chaotic. On the fourth day it stopped again. Afzal came a dozen times and we became friends — though it was too expensive a friendship to maintain. I have given up now. The clock has stopped. But every time I threaten to get rid of it, it summons up enough energy to chime once or twice to remind me of its beautiful music and the memories that it had brought back to me. Then I tell myself that perhaps it isn’t the fault of the clock, it’s Bahadur who forgets to wind it regularly — and I lose the will to be rid of
it.
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Meltdown on nuclear deal A weak government’s writ does not run because it has been reduced to an office without power. The regional satraps would build pressure on the UPA government as the Congress has to face significant state elections in the remaining 18 months, if it lasts that long. Prakash Karat, General Secretary of the Marxist Communist Party, would not shed even a tear at the disaster that the Congress leadership has invited, for his party has been striving not only to weaken the Congress influence but also weaken its base. However, the surprise was that the astute political leaders Sharad Pawar and Lalu Prasad Yadav also did not see the disaster that they spelt for the Congress by refusing to bail it out by standing with the Congress over the issue. It is a disaster simply because both Congress president Sonia Gandhi and Prime Minister Manmohan Singh had put all their stakes on the successful conclusion of the nuke deal with the US, on an argument that it would provide energy security to the country. Sonia Gandhi had even described only a week earlier that those who opposed the nuke deal were enemies of development. Her explanation next day that her statement was not aimed at the Left parties did not wash because the statement had expressed her strong support to the deal. Mr Manmohan Singh had also expressed his strong resentment at the attitude of the Left parties and was even at one point ready to face their withdrawal of support to his government but would go ahead with the deal. Within a few days of expressing the strong support for the nuke deal, both agreed to put it on indefinite hold as the partners in the United Progressive Alliance did not want to face an election. They feared that the UPA would be thrown out of power as the National Democratic Alliance was in May 2004. Their unwillingness led to development of cold feet by the Congress leadership. It was more inexplicable as Sonia Gandhi had launched only four weeks earlier her son Rahul Gandhi for the race for the coveted office in the country by publicly announcing that he was the heir apparent to take over the party. In fact, Rahul Gandhi was even assigned a team of the party advisors and a team of hired experts for a makeover of an image for Rahul Gandhi that would put aflame the public imagination and he would rush to take over the country. Launching of Rahul Gandhi was also a clear indication that the Manmohan Singh era had its run and he would have to make way for a young leader to take over his mantle. To leave none in doubt that the centre of power was now completely in hands of the Gandhi family, Rahul Gandhi rushed to the Prime Minister within a few days of his takeover as the party general secretary to seek extension of the National Rural Employment Guarantee Programme for the entire country. The Prime Minister readily obliged by issuing the directive to that effect within a few hours. Sonia Gandhi also directed the Cabinet not to pass the burden of increases in the administered prices of LPG and kerosene. The Petroleum Minister went public to ascribe credit to Sonia Gandhi for the Cabinet decision that the government would absorb the burden to the tune of Rs 23000 crore a year so that the “aam adami” is not burdened. Both the moves were prior to the decision of about turn on the nuke deal. Sonia Gandhi had withstood the pressure of demand for launching Rahul Gandhi since August 2004 by assigning him the task of revitalising the party. She was perhaps aware that such an action would clearly spell the end of the Manmohan Singh government. Rahul Gandhi was given the campaign responsibility for the Uttar Pradesh assembly elections without prior preparation. His failure to perform was attributed to the failure of the state party to convert the goodwill generated by Rahul Gandhi through his stormy campaign. The leader should have been made aware long before that the party structure did not exist in the state for more than a decade. The workers who thronged the residence of Sonia Gandhi to catch her eye were merely aspirants for office but had no capacity or ability to inspire masses and mobilise them to vote for the party. Several teams have now been assigned the task of acquainting Rahul Gandhi with socio-economic, political and cultural problems of the country as well as with the way the ethnic relations function in the country. But the team that has been selected to brief him on the economic issues is laden with west-oriented young members of parliament who are sold out to the global economy. But the team that is working on image for him is working to base his image of concerns for “aam adami” as his demand for extension of the NREGP to the whole country indicated. His image makeover was based on a belief that it should work for the next elections that were round the corner. None of the advisors accepts that the party structure was a boneless hulk and only the Congress president was holding it up. Men and women were chosen for the party posts on recommendations of faction leaders, who have managed to remain in proximity to the leader. There was no independent process for evaluation of their ability to inspire people and mobilise them for the party. There was no internal democracy in the party that would enable the men and women with ability to catch the eye of the leader. There was no two-way communication system within the party so that the field worker can communicate with the leader to acquaint him or her with the existing hard realities. It is a one-way communication system where the leader issues the fiats but the field worker cannot reach the leader. The Congress president would be hard put to save the party from the consequent demoralisation that has already begun to set. Launching of Rahul Gandhi has flickered hopes in some sections within the party. But by surrender to the left parties, the flickering hopes have already begun to die down. The party does not seem to have a clear strategy to overcome the speed breaker that has been thrown up by none other than the party leadership. Obviously there was no detailed study of the consequences when the party leaders took a hard stand in support of the nuke deal or of the long term political and electoral consequences of its about-turn on it. No explanations can control the damage already done.
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Dalit Christians too need reservations After
another disappointment on November 28 in the Supreme Court, which again deferred the issue of Dalit Christians on the grounds that the government had not yet made up its mind on the issue, more than five hundred Christians led by Archbishops and Bishops got into action the very next day. They gathered at Jantar Mantar to press their 57-year old demand for reservations for Dalit Christians. Nearly two months ago, the Tamil Nadu government passed a bill to provide a 7 per cent quota for Christians and Muslims, to be carved out of the existing 30 per cent reservations enjoyed by OBCs. The decision of the Tamil Nadu government had enthused those fighting for justice for Christians of Dalit origin. Soon after that, the Chairman of the SC/ST Commission, Mr Buta Singh, too announced that the Commission would support the demand for Christian and Muslim Dalit reservations. The struggle of the Dalit Christians started after the 1950 Presidential Order which removed the privileges given to Dalits who were not Hindus. The Christians had hoped that since the privileges were restored to the Sikhs in 1956 and to the Buddhists in 1990, through an amendment to the 1950 Presidential Order, it would also be granted to them eventually. This is not the only instance where the politically naïve community having its leadership in the hands of largely non-dalit Christians feels discriminated against. One does not see the news of attacks on Christians and their institutions at all highlighted in the media. A few months ago, when the National Commission for Religious and Linguistic Minorities (NCRLM) headed by Justice Ranganath Mishra, submitted its long-awaited report to Prime Minister Manmohan Singh recommending the extension of the Scheduled Caste status to those Dalits who convert to Islam and Christianity, there was hardly any coverage of the report in the media. The report had also asked for a complete separation of such a status from religion. However, around the same time, when St. Stephen’s announced a small per cent of reservation to Dalit Christians as a Minority Institution, all hell broke lose in the media largely dominated by high-caste journalists. “How other political parties are indifferent to the cause of the Christian Dalits is borne out by the fact that sometime ago, in a meeting with the Prime Minister for the fifth time on the same issue, the PM repeated, exactly for as many times, that they need to have a ‘broader consensus’ on this issue”, says Archbishop Vincent M. Concessao of Delhi. The lips service which many political parties render to Church delegations are retracted in private, giving different excuses each time. Dalit Christian leaders have been at pains to convince successive governments, political parties and the Supreme Court that ‘the Dalit’ converts do not enjoy the same levels of social, educational and financial freedom as their “upper caste” converted brethrens do, and that just by professing and converting to another faith they do not stop being backward. Out of the total Christian population in India, about 60 per cent are Dalits, socially deprived both in the society and also partially in the Church. The Kaka Kalelkar Commission setup by the Government of India in 1953 investigated the conditions of socially and educationally backward classes and found that in some parts of South India, the discrimination between the so-called “upper caste” Christians and the ‘Dalit’ Christians was so huge that ‘Dalit’ Christians were not even allowed to share one church and cemetery with them. The Commission had rightly advised the government for reservations to ‘Dalit’ Christians, but it was put in the cold storage by the government. In 1990, the study conducted by the Indian Social Institute in Tamil Nadu concluded that the disabilities suffered by the converted ‘Dalits’ and the non-converted ‘Dalits’ are the same. The same Institute conducted another study on Dalit Christians in 1994 only to find out that in Tamil Nadu they suffered double discrimination, one at the hands of society and the other at the hands of the ‘secular’ state because of their religion. Much before these studies came to light Mahatma Gandhi advocated in “Harijan”, of December 26,1936 the right to reservations for ‘Dalit’ Christians. Baba Ambedkar held the same view, which was once again confirmed by Babu Jagjivan Ram in his speech in Hyderabad on February 10,1979, supporting the cause of ‘Dalit’ Christians. With Articles 14 (equality before law), 15 (Prohibition of discrimination on grounds of religion, race, caste, sex or place of birth) 16 (Equality of opportunities in matters of public employment), the Constitution of India is so clear that it allows neither the government nor indeed the courts to play hide and seek with the fundamental rights of Dalit Christians. With the promulgation of the Ordinance by the Tamil Nadu government and Chief Minister Karunanidhi writing to the Prime Minister, as well the SC hearing the case on a PIL filed in 2005 by the Centre for Public Interest Litigation and others, challenging the Constitutional validity of the 1950 Presidential Order, will Dalit Christians have a reason to smile this Christmas?
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Delhi Durbar The Congress had taken into account all possible factors in its election preparation for Gujarat but not the level of popularity of Chief Minister Narendra Modi among women. The Chief Minister had sought to build a macho image with his tough talk on various issues and ran a highly personalised campaign. Scribes who returned from Gujarat spoke of Modi’s appeal among the women voters, something to which the Congress seemed to have no effective anti-dote.
Praise from an ally Among the various allies of the BJP in the NDA, who is the oldest and most dependable? While some would think of the Shiv Sena as the answer, the Shiromani Akali Dal also evidently gives a lot of importance to its relationship with the BJP. In his statement hailing L.K. Advani’s choice as BJP’s Prime Ministerial candidate, SAD leader Sukhbir Singh Badal was lavish in praise of the senior BJP leader. Terming SAD as the longest lasting and most dependable ally of the BJP in the country, he said Advani’s elevation was the beginning of the end of the UPA government and the NDA was poised to return to power in the next general election. Some observers see the lavish praise as an investment in the future, in the light of the possibility of the junior Badal eventually taking over the reigns from his father.
Smart monkeys BJP leader Vijay Goel narrated an interesting tale last week at a meeting, evoking quite a few laughs. What took the cake was his version of the old tale of the monkeys and the cap vendor. Remember how, when the vendor is sleeping, the moneys take away his caps and he tricks them into throwing away the caps by chucking the one he is wearing to the ground? To illustrate how smart the electorate has become, Goel narrated what happened when the grandson of the vendor experiences the same situation in this day and age. When the monkeys take away his caps, the boy tries the same trick that his grandfather had narrated, but to his surprise, it did not work. He tries it again, but with no luck. Then it is left to a monkey to explain to him – “if your dadaji could have told you the story, what makes you think our dadaji would not have!”
Determined Lapang Meghalaya Chief Minister D.D. Lapang made it clear at the specially convened meeting on internal security that the state is no stranger to the damaging consequences of insurgency, militancy and terrorism. While seeking adequate funds for infrastructure development and to create suitable employment opportunities, Lapang outlined the steps taken by his government in curtailing militancy and insurgency. Union Home minister Shivraj Patil commended Lapang for tackling the problem of insurgency headlong and urged other states to follow the example of Meghalaya. Contributed by Prashant Sood, Vibha Sharma and S. Satyanarayanan
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THE Congress leadership bargained its future for the present when it decided, under the threat of withdrawal of support by the Left parties, to put on indefinite hold the nuclear deal with America. It exposed its fears of facing the imminent elections in case the left parties carried out the threat. With the decision announced at the media conference in Delhi, the Congress leadership allowed the centre of power to slip out of its hand. It may believe that it had succeeded in putting off the early elections but it is not even clinging to power now.