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Redesigning
Centre-state ties Profile |
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Burden of backlog Victim of her own success On Record
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Redesigning Centre-state ties The
Government of India has constituted the Commission on Centre-State Relations headed by Justice Madan Mohan Punchhi, former Chief Justice of India. In the mid-eighties, a comprehensive review of Centre-state relations was undertaken by the Sarkaria Commission. Since then, much water has flowed under the bridge. In the last two decades, both the polity and the economy have undergone profound changes. Economic reforms and the enactment of 73rd and 74th Constitutional Amendments in the early nineties are posing new challenges for the government at all levels. This calls for a fresh look at the relative roles and responsibilities of each level and their inter-relationship. The two major terms of reference of the Punchhi Commission relate to the government at the grassroot level. These are the role of the Centre vis-a-vis states in promoting devolution of powers to the panchayati raj institutions as also the concept and practice of independent planning and budgeting at the district level. Most states are reluctant to transfer powers to local bodies. Therefore, some in-built mechanism of incentivisation needs to be incorporated to induce them to move towards decentralisation. The Eleventh Finance Commission (EFC) had the finances of local self-government in its terms of reference and was asked to suggest ways to augment the consolidated fund of a state to supplement the panchayats’ and municipalities’ resources. It recommended financial allocations to various states on the basis of the adoption of 73rd and 74th Constitutional Amendments. The EFC recommended a total grant of Rs 1600 crore for the PRIs and Rs 400 crore for the urban local bodies for each of the five years from 2000-2001. Thus, a sum-total of Rs 8000 crore for the PRIs and Rs 2000 crore for the ULBs was recommended by the EFC. The Twelfth Finance Commission raised this grant to Rs 20,000 crore for the PRIs and Rs 5000 crore for the ULBs for 2005-2010. As for the inter-se allocation of the grants-in-aid among the states, the EFC and TFC assigned equal weightage to population and area which were neutral factors. On equity consideration, both the Commissions adopted the criterion of distance from the highest per capita income. Altogether 70 per cent weightage was assigned to these criteria. But for promoting decentralisation, the EFC’s recommendations were more rational than the TFC’s. The EFC adopted the index of decentralisation and assigned 20 percent weightage to encourage states to move towards transferring powers to institutions of local self-government. However, the TFC abandoned this criterion assuming “that almost all states have by now taken effective steps for the implementation of the 73rd and 74th amendments and have enacted legislations, held elections, constituted the state finance commissions and taken action on their reports. But then, the TFC’s basic assumption that the two amendments have been completed in the sense that the functions contemplated to be transferred under the constitutional provision have already been transferred, so that there was no need to move further, was partially correct. Many states are yet to implement their respective finance commissions’ reports. In Punjab, for example, as against Rs 540 crore recommended by the First SFC as share of divisible taxes to local bodies, only Rs 160 crore were released. In case of Second SFC, the situation was worse. As against the suggested Rs 1,200 crore (four per cent share of the net proceeds from state taxes), Rs 190 crore only could be transferred. Then, of the 29 departments to be transferred as per the Punjab Panchayati Raj Act (1994), only six departments, mainly primary education, veterinary dispensary, village dispensary and oldage pensions have been transferred, that too, in a truncated form. Therefore, efforts need to be continued on every front to strengthen the decentralisation process in a federal set-up. The EFC was right in incorporating the decentralisation index for deciding inter-state share in the grants-in-aid to the local bodies to encourage/strengthen the decentralisation process. The Centre has recently constituted the 13th Finance Commission under the chairmanship of Dr Vijay L. Kelkar. In our federal set up, some scheme of incentivisation should be built up to promote decentralisation which can be redefined in terms of transferring three Fs — functions, functionaries and finance to local bodies. Depending upon the actual transfer of any one or a combination of two or three components mentioned above, one can judge the degree of decentralisation process adopted by a particular state. So far, both the Finance Commissions, have used the criterion of revenue effort, i.e., the ratio of own revenue of local bodies to states’ own revenue, as a proxy for decentralisation. However, decentralisation also depends upon the ratio of expenditure incurred by local bodies to total state expenditure, which may better indicate the functional activities of the local bodies. Therefore, the ratio of expenditure incurred by local bodies should also be used along with the criterion of revenue effort to induce the states to move towards decentralisation. Thus, there is a need to institutionalise the provision of incentivisation in any system of devolution of funds to states for the benefit of local bodies. On the pattern of Calamity Relief Fund for the states’ benefit, we need to create a special Corpus Fund for the benefit of PRIs and ULBs also. In the beginning, the Centre can contribute a small share; the fund can be enlarged gradually by transferring the unutilised funds meant for the benefit of local bodies. The TFC has observed that the finance commission grants sometimes take longer to reach the local bodies even after the Centre’s release of the grants. Often, the states use them for their ways and means comfort and show no urgency in passing them on to the rightful recipients. This results in withholding of further releases by the Centre and the local bodies suffer. Thus, if any state delays the transfer of money/grants to local bodies beyond a certain period, the Centre can ask it to refund the money and deposit it in this Corpus Fund. The second term of reference of the Commission deals with the role, responsibility and jurisdiction of the Centre vis-a-vis states in promoting the concept and practice of independent planning and budgeting at the district level. It basically deals with the promotion of planning the budget at the micro level. Elected bodies at the village/panchayat level should prepare blueprints of their planned targets, both physical and financial, which should be integrated at the block level. The constitution of district planning boards or committees should be institutionalised and these committees should be held responsible to translate the block level planning into district level planning. Similarly, planning for ULBs can be done, starting from each town to directly linking with district planning. Apart from the elected representatives, participation of social activists and NGOs should be encouraged at various levels. The Punchhi Commission may also consider to incorporating a new list in our Constitution which may be called Local List, i.e., our Constitution must contain Union List, State List and Local List. The Concurrent List can be further split into two, i.e., Concurrent List I (both for the Centre and the states, as at present) and Concurrent List II (for the states and local bodies). Ad hocism on the part of states, as is prevailing now, cannot improve the economic health of local bodies. Some institutional mechanism has to be built to move towards a three-tier system to ensure a wider participation of stakeholders and make the growth process more inclusive.n The writer is a former Professor and UGC Emeritus Fellow, Department of Economics, Punjabi University, Patiala
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Profile Sudha is a specialist on reforms and energy security, having tracked power reforms in India since 1992. Over the years, she expanded her area of research to hydrocarbons, nuclear energy and renewable sources of energy. Currently, she heads India’s study on electricity governance, involving application of governance toolkit that is being tested in four Asian countries. Clean energy is not only the crying need of the hour for India but also of all developing countries. A study made by Sudha revealed that only developed countries possess clean energy technologies that are commercially viable. Germany, for instance, is the world leader in solar technologies. A handful of multinationals hold the key to contemporary nuclear reactor technologies. A Canadian company has commercialised a turbine that generates electricity from ocean current – one of the largest untapped renewable energy resources in the world with an estimated potential of 4,50,000 megawatts. She says while the forces of globalisation have dismantled trade barriers between nations, they have effectively blocked developing countries’ access to clean energy technologies. Also, emissions from the developed world over the years is the main culprit behind rising global temperatures. Yet, the richer nations do not consider it their duty to make available clean technologies to the developing countries of Asia, Africa and Latin America. Sudha has inferred that of all clean energy technologies, those that burn coal in a clean manner are the ones most relevant to countries like India and China. Both the countries are endowed with relatively abundant qualities of this fuel, which has also the highest carbon content. Coal-fuelled electricity generation accounts for half of all carbon emissions in the world and in India, it accounts for over two-third of all electricity generation capacity. In conventionally coal-fuelled plants, the fuel is burnt inefficiently so much so that less than a third of its energy content gets converted into electricity. By increasing the efficiency of coal use and simultaneously sequestering carbon from coal, India and China can transit to a clean growth trajectory. There is a range of commercially tested technologies that can help burn coal more efficiently and sequester carbon safely. Those are available with multinationals, but they are neither accessible nor affordable to developing countries. She is also of the view that India should cooperate with China in setting up a regional strategic petroleum reserve with a view to achieving energy security. The need is to de-link gas prices from oil prices and link it to the price of coal. Asia is following an ‘energy-intensive growth paradigm’ and that India, Pakistan, South Korea and China would soon become the world’s energy demand hotspots. Sudha does not see any immediate future for India’s nuclear power, even if the agreement with the US goes through. n |
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Benazir Bhutto in an election rally in Rawalpindi minutes before her assassination on Thursday —
Gujarat CM Narendra Modi For Mr Modi, the mask trick clicked like nothing else. All those who love him wore the mask to get that big-guy feeling. It successfully marketed his larger-than-life image among the voters. One saw him everywhere, even at places which he couldn’t visit. —
Hansel Bhachech, psychologist, Ahmedabad There must be a reason why I made public statements against Maharashtra Chief Minister Vilasrao Deshmukh. I will not speak without thinking. I have been in politics for 40 years. If what I said was not true, Congress President Sonia Gandhi would not have met me. —
Maharashtra Revenue Minister Narayan Rane Whenever there is a problem, you need an outstanding leader. You cannot make an omelette without breaking the egg. That is exactly what Kiran Bedi has done in the Bureau of Police Research and Development as its Director-General. —
National Security Adviser M.K. Narayanan I now look forward to working ‘with’ the government and not ‘for’ the government. Earlier, I was like a peacock which could not fly even if it has beautiful feathers.I have shed my beautiful feathers. I am a light bird and I can now fly. —
Kiran Bedi after her voluntary retirement from the IPS —
Nobel Laureate Amartya Sen — Sania Mirza |
Burden of backlog The slow legal system has always been a cause of concern for the litigant public. Recent revelations about the huge backlog of cases in all courts have underlined the enormity of the problem and the failure of all past efforts in this direction. Clearly, in some high courts, cases filed now will not come up for hearing before 2010; civil suits may have to wait for a decade more. Invoking the law seems to mean only wasted years, heavy financial burden and emotional and physical trauma. The right of fair and speedy trial means nothing to over 3 lakh undertrials languishing in various jails whose upkeep alone costs the exchequer about Rs 501 crore annually. Inadequate judge strength in law courts at all levels is the main cause for unconscionable delays and arrears. India has the lowest number of judges among the major democracies — 13.05 judges per million people as against Australia (58 per million), Canada (75 per million), UK (100 per million) and the US (130 per million). In 2002, though the Supreme Court had directed the Centre to raise the judge population ratio to 50 per million in a phased manner, little has been done. The existing judge strength gets reduced further if the vacancies are not promptly filled up. Why can the selection process not be speeded up? Whenever a vacancy is expected to arise, steps should be initiated well in advance and the process of appointment completed before the date of its occurrence. In the case of resignation or death, the selection process should come into play without any delay to ensure that benches work with full strength. If the wholesome principle of “merit”, enunciated by the Law Commission, is accepted in principle, there is no reason why there should be any delay in determining appointments or filling resultant vacancies. The judiciary deserves full financial autonomy. Funds are required for creating new posts of judges, increasing the number of courts and providing infrastructure needs finance. The judiciary has to petition the Law Ministry each time it needs funds. Less than 0.3 per cent of GNP or 0.78 per cent of the total revenue is spent on the judiciary in India (when half of this is realised by the states through court fee and fines) compared to the UK, the USA and Japan where it is between 12 and 15 per cent of the total expenditure. Together with adequate manpower, it is necessary to simplify and reform the current procedural laws which provide ample scope for obstructing and stultifying the legal process. In addition, there are myriad laws which have no relevance today but are frequently invoked. These must be repealed to expedite the judicial process. “The court procedure is not to be a tyrant but a servant, not an obstruction but an aid to justice, a lubricant not a resistant in the administration of justice”, said the Supreme Court quite often. After all, procedures are meant to help the law, not to defeat it. Impelled by motivation of pecuniary gains for themselves, lawyers often indulge in unethical practices of stalling court proceedings deliberately. At every stage, a number of interlocutory applications are filed and adjournments on flimsy grounds sought to defeat the purpose of speedy dispensation of justice. In fact, the expansion of the judicial machinery will not achieve much until rules about stay orders and adjournments are changed drastically to prevent lawyers from prolonging the litigation. The lawyers should present their main viewpoints in writing to the judge so that cases can be decided on merit on the basis of documents and written submissions filed by both the parties before the judge without the fanfare of formal court sessions and attendance of petitioners, respondents and lawyers. There is less risk of miscarriage of justice through direct and written representation by the parties than oral arguments in the din and bustle of crowded courtrooms. This practice, followed in the US Supreme Court (where oral arguments serve as additions to the obligatory written brief), and can be easily adopted in Indian courts. Constitutional and corporate matters have little scope for court-room histrionics. One resorts to litigation to get executive or private action delayed. Consequently, this increases the backlog of cases and those filed fresh are subjected to greater delay. To check this unhealthy trend, proper scrutiny of cases is required at the stage of institution itself. In addition, punitive fines should be imposed on those abusing the process of law through frivolous litigation. Some other practices such as judges not giving judgments quickly, absenting themselves from courts without prior intimation and availing leave or long vacations also delay justice. These are matters for introspection and self-correction by judges themselves. If the number of judges cannot be increased immediately, those on the rolls will have to work hard and make sacrifices. After all, people turn to the judiciary for justice as a last resort. On its part, the judiciary has to set its own house in order and follow the highest standards of conduct and probity. In fact, those who administer the law must also obey it. Judges ought to exercise restraint against the temptation of writing lengthy judgements running into hundreds of pages incorporating their social, political, economic and philosophical beliefs. The judge’s time is most precious and hence should not be wasted in expounding one’s personal ideologies. Justice, equity and fair play demand that judges are more crisp and precise while writing their judgments. The strategy for modern India should aim at conciliation and not confrontation in keeping with our traditions of tolerance and accommodation. The focus should be on “conciliatory legal realism”. A judge should also try to iron out differences and encourage the parties to arrive at a settlement. This will help reduce the backlog of cases and avoid the multi-tier litigative process and reconciliation of legal disputes without causing bitterness.n The writer is Senior Legal Consultant and Advocate, Delhi High Court
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Victim of her own success
Even as the Government of India has accepted Kiran Bedi’s application seeking voluntary retirement from the Indian Police Service, her decision to quit the IPS makes one sad. She is seeking retirement almost two years before her superannuation to devote herself, as she says, in academic pursuits and social causes. She feels that the IPS no longer gives her any further sense of satisfaction and fulfilment. I have known and seen Kiran as a police officer for more than two decades. She is a trailblazer — the first woman to join the IPS. In the Sixties, when we joined the IPS the general belief was that the IPS is meant for tough and sturdy chaps willing to face many a hazard and not for the weaklings. It requires both brains and brawn. Certainly, it was a terra incognita for young women. Kiran was the first to explode the myth and like a battering ram broke the wall of the male fortress. Later, many women officers joined the IPS and enriched it in many ways. As the Director of the National Police Academy, I have seen how young women probationers could outshine and outperform their male counterparts not only in studies but also in outdoor games and exercises. Many of them afterwards blossomed as outstanding officers and added lustre to the service. Kiran has always been dynamic and a go-getter. She raged and railed against stultifying rules and procedures and never hesitated to express her views publicly, which sometimes landed her in controversies. Some of the senior officers have felt disturbed and discomfited because of her outspoken comments. However, the fact remains that in every charge she held she left things a little better then she found them. Instead of only complaining against the system she tried to improve things and usher in innovative changes. Her work as the Inspector-General of Tihar Prisons in New Delhi has been truly outstanding. As the Director General of National Human Rights Commission, I had to often visit the Tihar Prison complex, and I have seen how she not only improved the physical infrastructure of the complex but also inspired and motivated the prison staff. The bane of the country’s prison administration is that the prison staff are for a variety of reasons demoralised and dispirited and there is no pride in the profession, which is the key to excellence. Prison administration thus remains mired in attitudes and practices that are obsolete and antiquated. She was able to impart a new Promethean spark of life in the dry bones of the Tihar prison administration. Indeed, everywhere she had worked she had been able to enthuse the subordinates and display inspirational qualities of leadership. Today both the Indian Administrative Service (IAS) and the IPS have become totally politicised. Politicians rule the roost and the officers crawl when they are asked to bend. Someone has aptly said that crawling is always the best and safest as one cannot be knocked down from that horizontal position. Political masters are not comfortable with officers who are not willing to do at their bidding. Kiran is perhaps the only serving officer I know who has come out loud and clear in support of police reforms seeking to insulate the police from extraneous pressures and making it people’s police and not the police of the ruling party. However, like all mortals Kiran also has her foibles. There is criticism that she is a publicity hound and too often addresses the press in violation of service conduct rules. In a democratic society, the media has a mighty role in shaping and moulding the public opinion, but too much glare of limelight can create problems for public servants. As the Director-General of Bureau of Police Research and Development (BPR&D), she made her presence felt and galvanised the organisation. She has not followed the beaten track and taken many new and bold initiatives, which will have a far-reaching impact on the organisation. I wish she had continued as the head of the BPR&D instead of quitting the service. The BPR&D constitutes the think-tank of the Indian Police and at this critical juncture when the Indian Police is grappling with enormous challenges, the BPR&D has a seminal role to play in planning, mapping and working strategies road maps for the Indian Police. Kiran should have remained at its helm at this time. It is a crowning pity that an outstanding officer like Kiran Bedi who has been a role model and inspired many young men and women to join the police service is quitting with a sense of disillusionment. However, one should listen to the voice of the heart and take a decision according to one’s own lights. Perhaps a new phase of her career with greater opportunities for serving society will unfold. One wishes her best of luck. The Indian police will miss her. n The writer, a former Director-General, National Human Rights Commission and National Police Academy, is currently Senior Fellow, Institute of Social Sciences, New Delhi
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On Record
AJIT DOVAL, former Director, Intelligence Bureau, and currently Secretary-General, Policy Perspective Foundation, New Delhi, says that in the wake of Benazir Bhutto’s assassination, it is the last chance for Pakistan President Pervez Musharraf to succeed.Excerpts from an exclusive interview to The Sunday Tribune with India’s most decorated spy czar: Q: What will be the impact of Benazir’s assassination on Pakistan politics? A: The process of restoration of democracy will receive a serious setback. What Benazir referred to as forward movement through “transition” may now get into a reverse gear. Within PPP, there is no political leader of her stature who can sustain this nuanced forward movement. Nawaz Sharif has already withdrawn his PMLN from the fray. No free and fair elections can be held in an environment vitiated by militants. The attacks on Interior Minister Sherpao on the Eid day, Nawaz Sharif’s rally and Benazir’s murder have created a situation of civil war. Their cumulative effect may be derailment of democracy manifesting in (i) a very weak government working under Islamists’ pressure; (ii) phony democracy pandering to the Army diktat; and (iii) sliding back to a totalitarian military rule. Q: Will it affect the Indo-Pak peace process? A: Terrorism and government’s response to it will assume added momentum. The people would like to be reassured that the government is firm on taking meaningful pro-active and preventive measures. VIP security will also receive high priority. Internal security, if not addressed resolutely, can destabilise the nation. All political parties in India subscribe to the view that democracy in Pakistan will not only bring stability in that country and the region but also make it easier for India to deal with them bilaterally and multilaterally. If democracy gets weakened in Pakistan, as appears most likely, it will be a setback to this process. Q: Is Pakistan again hurtling down the road to becoming a failed state? A: Post World War II, internal instability has been the primary cause of failure of states. In Pakistan where most state institutions, except the Army, have weakened, this threat gets dangerously compounded. If Pakistan fails to control terrorism, sectarian violence, inter-regional conflicts and other serious law and order problems, the country may plunge into a near civil war type situation. The Army, which once commanded the people’s respect and was seen as the last bastion of national interest, has lost much of its image. Q: Can Pakistan go ahead with the January 8 elections? A: Musharraf, with the Army’s support, can go ahead with the electoral process, but elections will not carry much conviction unless the major parties participate in it. If major parties boycott elections, the new government won’t be able to generate the national will to fight terrorism and violence. Q: How do you look Nawaz Sharif’s political future after the ban on him from contesting elections for life? A: Sharif will now strive to oust Musharraf. He is aware that his party, even minus him, if voted to power, will have a short life given the President’s powers to dismiss an elected government. Moreover, the pliable judiciary will support Musharraf in any confrontation with the latter. Taking advantage of the present
turmoil, he will try to polarise public opinion to demand Musharraf’s ouster. It may, however, not be an easy task. Q: What will be the security implications of Benazir’s assassination? A: I wish Pakistan the best. I hope that this process of liquidating political leaders stops immediately. The country’s security and intelligence agencies have the expertise, equipment and resources to provide foolproof security to the
threatened political leaders and it should be done. Otherwise, it will be tragic. As for India, terrorists’ success in political assassinations will set a very bad precedent. Q: All eyes are on Musharraf now. Can he deliver? A: Musharraf is seriously handicapped in dealing with the present situation. However, when the primary need is to ruthlessly fight terrorism, there are not many options open. Today, no political party is in a position to give a determined fight to the jehadi forces. If he decides not to pursue the policy of calibrated response to terrorism but martial all his resources and energies to suppress terrorists of all hues, he may have a chance to succeed; and that may well be his last chance.
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The
I put my life in danger and returned to Pakistan because I feel this country is in danger. People are worried. We will bring the country out of this crisis…I know who my enemies are. Even if you hide behind seven veils, I can still see your hand.
I am not growing bigger than the BJP. Such a thought could come only in perverted minds. The son could never grow bigger than the mother and even raising such a question is unpardonable.
Public education is indispensable while private schools can only play a supplementary role. Unequal distribution of the benefits of economic progress is related to gaps in public services and in education this gap cannot be met by the expansion of public schools.
Well, I’d like to beat Justine Henin (women’s World No.1 in tennis). Of course, I don’t believe in new year resolutions. And rankings don’t bother me. God willing, there will be no freak
mishap.
