The Tribune, Chandigarh, India

Growth, but at what cost?
Cement plants choke the environment

Himachal Pradesh is known for its pristine hills, and indeed the state seeks to promote itself as a major tourist destination because of the beauty of its terrain and the quality of its environment. However, it finds itself at crossroads when it faces the challenges of industry. While some of the industries located in the state are non-polluting and thus no threat to the environment, the state is also home to four major cement plants at Barmana, Darlaghat, Rajban and Bagha which have an aggregate capacity of 1.066 crore tonnes. Unfortunately, the fundamental building block of infrastructural development is naturally polluting. Land and air are both polluted in the manufacturing process, and further air pollution results from the heavy diesel trucks that are used to transport cement away from the plants. Making cement produces carbon dioxide emissions and worldwide, cement plants already account for 5 per cent of global emissions of CO2, the main cause of global warming.

It is in this background that four new projects that would add up to a further production of 72.7 lakh tonnes of cement must be examined. The projects, Sundernagar, Al Sindi in Mandi; Broh-Shind in Chamba and Chopal in Shimla, would contribute to the state coffers, they would also generate local employment, but all this would come at a rather high price of environmental pollution, and thus needs careful appraisal. The decision can not be taken lightly, given that the cement industry contributes Rs 15 crore as royalty and an estimated Rs 100 crore through taxes per plant, as well as employment for the locals, both direct and indirect.

Development needs cement, but making of cement is polluting. In fact, worldwide, governments face this dilemma but even as environmental agencies crack down on cement plants and ask them to decrease pollution, they do so with the realisation that only incremental gains can be made in the battle to tackle pollution caused by the manufacture of cement. While the Himachal Pradesh government has to perform a tough balancing act, it must do so keeping in mind the future of the state and its people.

Special success
Differently-abled people need attention

Inspiration comes in various forms, and indeed, we are all inspired by people who emerge triumphant even as they face adversity. Differently-abled people surmount special challenges and difficult circumstances that are theirs by accident of birth of fortune. We must, indeed, draw lessons from their success even as we celebrate it. President Pratibha Patil was right in recently emphasising the need for a robust policy framework and an effective delivery system to help the differently-abled people realise their full potential. Indeed, the stories of how people like Charu Dutta, who can’t hear or speak, but had creatively designed his livelihood around his visual faculty, and others who were given the National Awards for the Empowerment of Persons with Disabilities by the President on the International Day of Persons with Disabilities, shows how, when harnessed properly, differently-abled persons enrich society.

Unfortunately, most of them don’t get a chance because of societal and institutional apathy and worse. There is an urgent need for the government, both at the Centre and at state level, to take the lead that the private sector and society at large can partner in to provide better facilities to those who have the odds stacked against them. To begin with, society must be sensitised to the needs of the differently-abled. Sadly, it is not so. After parents and family, teachers usually get the first chance to shape the lives of these individuals, but sadly, there is a dearth of sensitive, trained teachers who can handle differently-abled children and understand their requests. Such children must be treated with dignity and full respect, so that they can be integrated fully in society. But this is a tall order in a nation where most buildings do not even have an entrance that is wheel-chair friendly, and most public spaces lack facilities for the differently-abled.

Therefore, sustained efforts are needed to help those who just need some understanding and assistance to realise their full potential. The results are tremendously rewarding, not only for those who come in direct contact with differently-abled people but also for society as a whole.

Thought for the Day

If you think cooperation is unnecessary, just try running your car a while on three wheels. — American proverb

ARTICLE

Ensuring judicial accountability
Provision needed for judges’ premature retirement
by P.P. Rao

Law Minister Veerappa Moily appears to be keen on judicial reforms. He has taken several initiatives, the latest being the Judicial Standards and Accountability Bill, 2010, introduced in the Lok Sabha on December 1 amidst din and noise. The Bill seeks to provide for a mechanism to deal with complaints of the public against judges, give legal shape to the Reinstatement of Values of Judicial Life adopted by the Supreme Court in 1997, make it obligatory for judges to declare their assets and liabilities after assuming office and whenever new assets are acquired, and to replace the Judges (Inquiry) Act, 1968, without affecting the right of the members of Parliament to initiate action for the removal of judges on the ground of misbehaviour or incapacity.

The Bill contemplates constitution of a “complaints scrutiny panel” in the Supreme Court and in every High Court to scrutinise the complaints and refer such of them as need to be enquired into by the Oversight Committee consisting of a retired Chief Justice of India (Chairman), a judge of the Supreme Court, the Chief Justice of a High Court, the Attorney-General and an eminent person nominated by the President (Members). The Oversight Committee would constitute an investigation committee to go into the complaints and thereafter hold an enquiry against the judge concerned, giving him a reasonable opportunity to defend himself. If the charges proved do not warrant removal of the judge, the Oversight Committee may issue advisories or warnings. If it notices commission of any offence by a judge, prima facie, it may recommend his or her prosecution. If the charges proved are serious, warranting removal of the judge, it would make a request to the judge to voluntarily resign, failing which it would advise the President to make a reference to Parliament for the removal of the judge under Article. 124(4).

Removal of a judge can take place only after an address by each House of Parliament supported by a majority of the total membership of that House and by a majority of not less than two-thirds of the members of the House present and voting.

The Bill is a step in the right direction. It has some welcome features such as providing for a transparent mechanism for scrutiny and an inquiry into complaints against judges, requiring declaration of assets and liabilities by them and for the exhibition of information on the website of the court concerned, enumerating judicial standards which every judge shall practice, including not permitting any member of his family to appear before him or to use his residence or other facilities provided to him for professional work, etc.

The definition of “misbehaviour” to include not only corruption or lack of integrity but also failure to furnish the declaration of assets and liabilities is significant. The question is: are these provisions enough to ensure accountability. The real problem is not about investigation of or an inquiry into charges of judicial misbehaviour by an impartial committee, but the uncertainty of impeachment by Parliament as it happened in the case of Justice V. Ramaswami, Judge, Supreme Court. His misbehaviour was established in an open and transparent inquiry conducted by a committee with a sitting judge of the Supreme Court as Chairman and Chief Justice of a High Court and a retired judge of the Supreme Court as members. It was expected that Parliament would show due deference to the findings given by such a high-powered committee and give effect to them.

Somnath Chatterjee’s autobiography, “Keeping the Faith”, narrates how the then ruling party aborted the motion of impeachment. Even the judges of the Supreme Court were not unanimous on his continuing to discharge judicial duties while the inquiry was going on. Chief Justice Sabyasachi Mukherjee pronounced an order in open court stating that he would not assign work to Justice Ramaswami till he was cleared of the charges in the inquiry. Justice Ranganath Misra, his successor, constituted a committee of three judges to consider whether the judge could be allowed to function, notwithstanding the inquiry. The committee opined that there was no provision of law in terms of which he could be prevented from discharing his judicial duties. As a result, the judge was allowed to resume work.

Shortly thereafter, Justice K.N. Singh became the Chief Justice of India (CJI). As President of the Supreme Court Bar Association, I requested him not to assign work to the judge. He said that his tenure was very brief (about 18 days) and I should approach his successor. When I approached Chief Justice M.H. Kania, after consulting a few senior advocates, he passed an order stating that if any lawyer appearing in a case raised objections, Justice V. Ramaswami would not hear his case.

The Sub-Committee on Judicial Accountability and the Supreme Court Bar Association filed writ petitions in the Supreme Court, inter alia, praying for a direction that no work should be assigned to Justice V. Ramaswami. A Constitution Bench rejected the prayer, observing that it was for the CJI to decide whether to assign work to the judge or not. The Constitution did not contemplate any such interim direction being given during the inquiry into the alleged misbehaviour of a judge. The Bench hoped that the learned judge would be guided by the advice of the CJI as a matter of convention unless he himself decided as an act of propriety to abstain from discharging judicial functions during the inquiry.

It is possible to suspend a judge facing an inquiry into charges of misbehaviour invoking Section 16 of the General Clauses Act 1897, read with Section 21. The President of India can suspend a judge facing such an inquiry in consultation with the CJI and the collegium. So far, no judge facing an inquiry under the Judges (Inquiry) Act, 1968, has been placed under suspension. It is advisable to insert a provision in the Bill for the suspension of a judge and payment of some subsistence allowance during the period of suspension.

It is high time to consider whether the removal of judges should depend on the vote in Parliament. The perception of corruption by a large number of members of Parliament is likely to be different from the perception of the chairman and members of the inquiry committee or the Oversight Committee. The MPs who notice large-scale corruption right under their nose may or may not appreciate that the misbehaviour of a judge found by the committee warrants his removal. In the prevailing circumstances, is Parliament best suited to take a final view on judges’ misbehaviour? In any event, so long as impeachment is uncertain, it cannot be a deterrent.

Irremovability tends to encourage corruption, indiscipline and irresponsibility. It is not easy to proceed against a judge under the Prevention of Corruption Act either. In K. Veeraswamy’s case, the Supreme Court declared that no criminal case could be registered against a judge unless the CJI was consulted in the matter. This is in addition to the requirement of sanction for prosecution in Section 19 of the Prevention of Corruption Act.

There have been instances where Chief Justices declined to allow prosecution of judges alleged to be corrupt. It is, therefore, necessary to find another way out to get rid of the black sheep and save the judiciary from corruption. It is desirable to make a provision in the Constitution for premature retirement of judges of doubtful integrity at any time without prescribing any minimum qualifying service on the recommendation of the collegium. The problem of judicial accountability will be minimal if proper persons are appointed. To have persons of ability and integrity, the post of a judge should be made attractive to leading and deserving members of the Bar. This will help in ensuring justice of high quality. The Bill is good, but inadequate to solve the problems of judicial accountability.n

The writer is a senior advocate, Supreme Court of India.

MIDDLE

Superwoman
by Chitra Iyer

Yesterday, I tried to prepare my aunt’s trademark curry. Oh, hers used to taste heavenly, the best, my husband remarked wistfully. Well, mine turned out okay, just that magic ingredient that made it ‘heavenly’ was missing. May be, it was the dollop of hot, molten homemade ghee she used to pour in the end. Now from where was I to procure homemade ghee, I reasoned. This is how my husband of 13 years remembers my aunt.

I have many more reasons to remember her. She was my father’s elder sister. Being a childless widow, she brought my brother and me up. Under her supervision, our household ran with clockwork precision. The food (elaborate three course meals three times a day) would be on the table dot on time, leave alone the mindboggling range of crunchy homemade snacks we took for granted. No threat of preservatives or artificial flavouring agents.

Then the bills got paid on time. Unlettered that she was, she would jot everything in her memory and not on long ‘things to do’ lists, the ones I make almost every day and still sometimes miss crucial deadlines. Bank passbooks updated, cheques deposited, investments taken care of on schedule, with my father’s help.

Now a householder myself, I am filled with wonder at how she managed everything so seamlessly and what seemed effortlessly without a crinkle on her forehead. She had the roving eye of a matriarch. She would sit in her easy chair in the lobby and seemed to notice everything happening around her. And I with a nuclear family of just three sometimes throw my hands up in exasperation not able to keep track of things.

And what to say when we have guests. We tend to press the panic button even when they arrive with prior notice. A sumptuous meal would be ready in a jiffy with her at the helm of affairs even with unannounced guests. It was magic, I now think. And this without the aid of modern gadgets like mixer, grinder and microwave. I was privy to all her kitchen secrets but still can’t conjure up that magic.

These past few days I missed her much more. I used to call her up for every small issue in my life, be it as trivial as a recipe or a much more serious matter. She died last week aged 83.

OPED ECONOMY

Fiscal responsibility alone can prevent Punjab's economic slide. This requires a strong and committed leadership at the top. The interests of the state must prevail over individual interests
Bleeding Punjab white
Upinder Sawhney

There are several reasons for the faltering performance of the Punjab economy in the post-reform period when other states of India began to perform better than before. The economic crisis has been a manifestation of various political, economic and administrative failures of the government during the period of militancy when the civil administration was non-functional, ineffective and unaccountable. The elected governments, thereafter, made no effort to revive the economy of Punjab and put it back on the development path. The agricultural deceleration of the 1990s was sharper in Punjab as compared to the country as a whole.

Populist politics, wrong priorities
* The policy of passing the buck to the era of militancy or the so-called discrimination by the Centre should now be abandoned
* In per capita income Punjab is behind Haryana, Maharashtra and Gujarat.
* The Punjab government ignores suggestions made by civil society members, academics, policy-making institutes and the World Bank for the turnaround of the economy
* There is lack of transparency and accountability and CAG has indicted the state year after year for gross mismanagement of funds
* Subsidised farm inputs, including free power, rarely benefit small and marginal farmers
* Every populist policy aimed at the well-being of the poor and the marginalised people creates dependency and the habit of "free riding"
* Air-conditioned bus terminals are being constructed in a state which cannot meet its basic power needs

Punjab has one of the best institutional frameworks to implement the economic reforms and strengthen the economy (Fiscal Responsibility and Budget Management Act, State Finance Commissions, Public Expenditure Reforms Commission, Disinvestment Commission etc.), but the worst track record of implementing them. The state-level economic reforms in any sector -- health, education, public enterprises or finance -- have been completely ignored and sidetracked by the Government of Punjab.

In fact, public policy in Punjab has been sacrificed at the altar of populism. The state-level public enterprises are run like government departments and decisions regarding the disinvestment of loss-making/unviable public entities, service conditions of employees or pricing of services offered by them are more political than economic or commercial. The much delayed unbundling of the largest loss-making public entity in the state, i.e., the Punjab State Electricity Board, into two power utilities is merely the fulfillment of an obligation under the Electricity Act, 2003. The government is not considering any rightsizing of the two new entities. No effort is made towards introducing a corporate work culture or autonomy in decision-making. Rather all the populist policies of the erstwhile PSEB are being retained.

The state-run transport undertakings - Punjab Roadways , Pepsu Road Transport Corporation and Punjab State Bus Stand Management Company Limited - are running into losses . There is hardly any effort made to identify loss-making routes or any other type of route planning, manpower review or improving efficiency and enhancing revenue. Worse still is the fact that certain PSUs recommended for closure/winding up by the State Disinvestment Commission over the last two decades have not yet been wound up.

Fiscal irresponsibility leading to a mounting debt and interest burden has been going on for more than two decades now. The gross fiscal deficit-to-GSDP ratio in Punjab (4.5) is higher than that in other developed states and is significantly higher than the all-India figure (2.6).

There is lack of transparency and accountability and the Comptroller and Auditor General of India (CAG) has indicted the state year after year for gross mismanagement of funds. There is utter disregard in the state for its own commitments of fiscal prudence and reduction of public debt and non- developmental expenditure. Primary revenue surplus is not enough to finance the interest payment obligations in Punjab.

The mounting debt and interest burden have undermined the capacity of the government to spend on education, health and other infrastructural facilities. Punjab does not seem to have its priorities straight - air-conditioned bus terminals are being constructed in a state which cannot meet its necessary power requirements (for agriculture and industry) and does not have basic amenities like drinking water and clean toilets at the bus terminals.

This has left the average Punjabi wondering what is good for Punjab - populist policies perceived to be in the interest of the common man or economically viable and sound policies that are in the best interest of the state.

Any alert and sensitive person can see that Punjab is not moving in the desired direction in terms of economic development and many a time we have to eat a humble pie at gatherings of representatives of Indian states at various fora - industrial, academic, political or any other -- when Punjab is termed as heading towards being a BIMARU state. The state which was at the number one position in terms of per capita income in the country amongst the major states till 2002-03 was overtaken by neighbouring Haryana and is today behind not only Haryana but also Maharashtra and Gujarat as well.

I think the political elite need to introspect and sit together to find a solution to the problem which is fast worsening and may soon become irreversible - the economic decline. The civil society, academics, policy-making institutes as well as the World Bank often hold conferences/seminars to discuss the unfortunate economic deceleration in Punjab but the state government rarely ever takes into cognizance their recommendations/suggestions for the turnaround of the state economy. There is a clear lack of political will first to recognize the problem and then to acknowledge that the deterioration in the state is setting in because of the apathy of the political leadership. It is not the question of who is ruling - Congress or Akali-BJP combine or Manpreet vs. Sukhbir - it is a larger issue of Punjab , Punjabis and Punjabiyat.

The decline that we have experienced so far should be a wake-up call for us to sit down and gear ourselves for putting the state back in the development mode. But this will definitely amount to addressing the issue - public policy vs populism. Populism can, no doubt, give political edge to a party over the others but it is only a sound and viable public policy that can firmly root Punjab as 'numero uno' state of the Indian economy. Any such populist policy, which destroys the roots of development, to any sound mind, cannot be sustained in the long run. A state policy can be termed as "public policy" only if it promotes public interest. There are no two opinions that the interest of the masses must be protected and the poor be given a priority in the allocation of public resources. But if such policies create disproportionate gains to one section of society at the cost of the others, these can create instability in the system. More often than not populist policies create wider social and economic disparities than they bridge. Such policies/agendas are neither economically sound nor in the best interest of society. They do not benefit the people for whom they are meant (subsidised farm inputs, including free power, have rarely benefited small and marginal farmers); rather they weaken the system if pursued indiscriminately over a long period of time.

The governments in Punjab, irrespective of their political colour, have been pursuing such policies for nearly two decades now. A decade-long political turmoil coupled with militancy in Punjab has been made a scapegoat by all the governments to get away with poor governance and a declining rate of growth. How long can Punjab afford to be in this 'self-pity' mode? Any unsound economic parameter - mounting debt or growing fiscal deficit - is attributed to the period of militancy. However, the politicians ever hesitate to enhance own perks and packages over which all of them are united across party lines, without a single voice of dissent. How about the idea of giving up certain perks and cutting down on administrative expenses because we had to bear the brunt of militancy? Will the representatives of the people make this sacrifice to lighten the burden on the state exchequer?

Every populist policy aimed at the well-being of the poor and the marginalised people creates dependency and the habit of "free riding". The benefits never reach the deserving and the needy but are siphoned away by the better-off in the community. "Freeship", both in the short and the long run, leads to hardships, economic derailment , instability and chaos in the system. This serves the interest of a certain class of people and not the masses. It reduces the credibility and threatens the very existence of the system. What is the explanation for offering freebies on the one hand and having petrol more expensive than the neighbouring Haryana or Chandigarh?

The government must take into cognizance the emotive issue of declining prestige of Punjab and Punjabis and shun populism, put inter-party and intra-party differences aside for the sake of Punjab. A public policy designed to serve the interest of the masses, without sacrificing the economic interests of Punjab, and the one that accelerates its economic and social development is the need of the hour. The policy of passing the buck to the era of militancy or the so-called discrimination by the Centre should now be abandoned (this in any case is an untenable excuse as Punjab has failed to avail/utilize fully funds offered by the Centre for various social welfare schemes).

A vision and passion to build a vibrant Punjab and restore its glory must be created and put into practice. A firm and courageous public policy response is required to achieve this goal. 'Good governance' must take care of the interest of the poor and deserving but be tough with the 'free riders'. Extravagant non-developmental spending needs to be curbed effectively, even if it means foregoing certain perks by the ruling elite for some time and then restoring them in better times. Fiscal responsibility is the first step towards the prevention of further economic deterioration of Punjab and putting it on the path of development. This is possible - only a strong and committed leadership is required at the top. The attitude of apathy towards the interests of the state and serving the self - interest must be abandoned at the earliest. That is what the people of the state are waiting for.

The writer is a Professor in the Department of Economics, Panjab University, Chandigarh