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Empower Lokayuktas
Rebels without cause |
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Fresh crisis in Iraq
Why put off Union Budget?
Too clever by half
Textiles were not meant for a piece of clothing alone, an entire culture evolved around their making in Punjab — with new phrases, songs and motifs. That culture is now fading behind a growing number of shopping malls.
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Empower Lokayuktas
Much
as many politicians may clamour for the Centre to respect the spirit of federalism and not include the state Lokayuktas under the ambit of the Lokpal Bill, the record of the states in setting up and nurturing the institution of Lokayukta as a watchdog against corruption in high places has been dismal. While only half the states have set up the institution, in most of these the conditions are not conducive to their effective functioning. The latest flashpoint is Karnataka where, in relative terms, the institution has shown tangible results with B.S. Yeddyurappa of the BJP having been forced to resign as chief minister and then jailed on a report of the then Lokayukta, Justice Santosh Hegde. The office of Lokayukta has been headless since September 19 after Justice Hegde’s successor Shivraj V. Patil quit under a cloud. The state government’s recommendation to appoint S.R. Bannurmath, a former Kerala High Court Chief Justice, has been turned down by Governor H.R. Bharadwaj. How long the institution will remain headless in the light of this is anybody’s guess. As it stands, in Gujarat there has been no Lokayukta for nine years first because the state government dragged its feet, then since its nominee was not approved by the then Governor and now because current Governor Kamla Beniwal’s nominee was not acceptable to the Narendra Modi government. The Gujarat High Court in October last directed the government to finalise a new appointment in four months. In Punjab, there is a Lokpal (in lieu of Lokayukta) whose office is virtually defunct because of denial of infrastructure and staff by the state government. In Haryana, which has had a lokayukta law since 1997, the Lokayukta’s power to take suo motu cognigance of allegations was taken away by the state assembly in 2002 and the institution is there only in name. Clearly, the institution of Lokayukta is sorely in need of reform. Not only is there a need for a uniform law for all states but it is imperative that the law be made more effective and strong. It is indeed a pity that while there is so much focus on setting up a strong Lokpal at the Centre, there is no movement for effective Lokayuktas in states. The feeble attempt by the Centre to club the Lokayuktas with the Lokpal through a common Bill has virtually fallen through.
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Rebels without cause
That
politics is more about personal ambition than public service finds unequivocal confirmation at election time. Both the Akali Dal and the Congress are out with their lists of candidates for the Punjab Assembly elections on January 30. And both have been hit by rebellion from disappointed ticket aspirants. All hopefuls can never be accommodated; thus, this was only to be expected. But was that the only reason for the rather virulent reaction? There are charges of family consideration and other kinds of nepotism that lend credence to the suspicion that not even “winnability” — a rather cynical criterion itself — was the deciding factor. One does not know who to blame more, the party leadership or the rebels. Both have pursued self-interest over ideology. Whatever be the case, if a party has made a poor choice of candidates, it will pay for it. Unfortunately, the voter is at a loss too. He has to choose from the few given options. When the vote-fetching ability of a candidate is the only qualification, we cannot hope for a better crop of legislators. There were very few in the present Assembly who may have delivered anything exceptional, whether they represented the government or the Opposition. Getting people from walks of life other than politics is something neither the Akali Dal nor the Congress has risked. Only the PPP, given its peculiar circumstance, has taken on board some non-career-politician candidates. But such is the yearning for a ticket to the House that even members of Manpreet Badal’s fledgling party — several of them already rebels — have moved on to other parties for a better chance. No party has proposed anything unique thus far, and candidates have a history of party-hopping. Without ideology or specific programmes, a party is just a name given to a grouping of people with the common goal of being a legislator. What would matter, thus, is not which parties, but which people get to sit in the august House. Let it be an assembly of the right people, no matter which bench they occupy. Voters, be wise.
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Fresh crisis in Iraq
The
killing of 72 people in a spate of bomb explosions last Thursday in Shia-majority areas in the Iraqi capital, Baghdad, was among the worst incidents of violence after the departure of the remaining US soldiers in the strife-torn country on December 18, 2011. Before this, 60 persons lost their lives in similar circumstances in targeted attacks on Shias, the majority sect in Iraq, on December 22. It is feared that sectarian killings may intensify in the days to come, taking the situation back to the days when around 300 lives were lost every month after the US invasion of Iraq in 2003. Shias and Sunnis hardly trust each other in post-Saddam Iraq. Their distrust has led to many mixed localities having changed their population complexion. Now each sect has its own areas. Politics in Iraq clearly reflects this disease. The fresh escalation in violence after the return of calm for some time followed the forced withdrawal of Ayad Allawi’s secular group, the Iraqia, from parliament, the sacking of Sunni Deputy Prime Minister Saleh al-Mutlaq and the issuance of an arrest warrant against Vice-President Tariq al-Hashimi after Prime Minister Nouri al-Maliki recently alleged that the latter, a Sunni, had a hit squad and was ordering assassination of his political opponents. This sharpened the Shia-Sunni divide, the survival of the fledgling coalition government in Baghdad. Mr al-Hashimi quietly shifted to Erbil, the capital of Kurdistan, an autonomous region, where he could not be arrested. The three Sunni-majority provinces bordering Syria together are trying to have their own independent regime, delinking themselves from Iraq as the world knows it. If this really happens Iraq may disintegrate into three parts — a country of Sunni-majority districts, Shia Iraq and Kurdistan. This is, however, not as easy as it appears. The disintegration of the country in this manner may result in large-scale violence, not seen so far. This is what Iraq has been reduced to after the elimination of the Saddam regime. And what happens in Iraq is bound to impact the rest of the Arab world, where Shias and Sunnis have lived together for centuries, sharing each others’ joys and sorrows.
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The absence of risk is a sure sign of mediocrity. — Charles de Foucauld
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Why put off Union Budget?
The
Union Government has reportedly decided to postpone the presentation of the Union Budget for 2012 to the second week of March because the elections to the Goa Assembly will be held in the first week of March and the government fears that the budget may come into conflict with the model code of conduct announced by the Election Commission. The Union Budget is usually presented on the last working day of February. Perhaps, it is the first time that the budget is being postponed on the ground that a state is facing elections and the model code is in force. The model code of conduct issued by the Election Commission is aimed at ensuring a free and fair election. Article 324 of the Constitution vests in the commission the “superintendence, direction and control” of elections. These words have been given a wider meaning by the judiciary which has held that the Election Commission has been given enormous powers by the Constitution so that the constitutional objective of securing free and fair elections is achieved. It is in furtherance of this objective that the Election Commission issues the model code of conduct. The commission’s papers indicate that this model code has been evolved on the basis of wider consultations with all stakeholders, including the political parties. There should be no hesitation in saying that the model code has enabled the Election Commission to conduct the elections in a free and fair manner. Until some years ago it was impossible to conduct elections in some states in a free and fair manner because of violence, booth capturing, forcible prevention of weaker segments of society from voting, etc. A tough Election Commission and the introduction and strict enforcement of the model code of conduct radically changed the whole situation. It can be said without any fear of contradiction that the model code and the realisation of the consequences of its violation have sobered up the political class in general and the politicians who have a proclivity for law-breaking in particular. The question concerning the legal authority of the model code has been raised in the past. It certainly is not a statutory direction, as it is not issued under any law made by Parliament. However, the Election Commission, it has been held, has the powers to issue such directions under Article 324 of the Constitution. In a number of cases the Supreme Court has upheld the power of the Election Commission to take all steps necessary, including the issuance of the model code, to ensure free and fair elections. The objective obviously is to ensure that the government does not try to influence the voters by announcing new welfare measures. Nevertheless, it looks rather odd that the Central government should decide to postpone the presentation of the Union Budget because of these elections. Traditionally, the budget is presented on the last day of February. The government does not depart from it except when Lok Sabha elections take place during this period. The question that arises in this context is whether elections to a state Assembly are a valid ground for postponing the presentation of the Union Budget. The Chief Election Commissioner has said in an interview to the Press (reported in all newspapers) that so long as the Union Budget does not say anything about Goa, there is no problem. What he meant to say was that if the general budget or Railway Budget includes any scheme for Goa it would be a violation of the model code and hence not permissible. It is a bizarre situation where the Union Budget is being postponed merely because elections to a state Assembly are being held a few days after the usual date of budget presentation — the last working day of February. But why should the presentation of the Union Budget be postponed for this reason? Is there any legal or constitutional requirement to do so? The Election Commission draws powers from Article 324 which is characterised by the Supreme Court as a reservoir of powers. It would thus appear that the powers under the above article are unlimited and unfettered. However, the Supreme Court itself has imposed a limitation on these seemingly unlimited powers of the Election Commission. The court has said that Article 324 operates in areas left unoccupied by legislation. In other words, the Election Commission is required to act in accordance with a law if it occupies the field and it cannot act in contravention of the law. A law includes constitutional as well as statutory law. Thus, if a law governs a particular matter, the Election Commission cannot issue any directions which may nullify the effect of that law or suspend the operation of the law. The “annual financial statement” of the Union government, in other words, the annual budget, is required to be presented in both Houses of Parliament under Article 112 of the Constitution. It is true that no time for the presentation is mentioned in the Constitution. But the last day of February has always been the day the budget is presented. This date is chosen because of practical considerations. The annual financial statement contains, inter alia, the sums required to meet the expenditure proposed to be made from the consolidated fund of India. The words “the expenditure proposed to be made from the consolidated fund of India” indicate the expenditure to be incurred in respect of various programmes and schemes contained in the budget. The budget has to contain the policies and programmes of the government for the next financial year. This constitutional provision does not put any fetters on the government in respect of the schemes for any particular state or states which are facing elections. The Supreme Court has very clearly held in a number of cases that the Election Commission cannot issue any direction on an issue which is in conflict with a law that governs it. The clarifying directions of the Election Commission that the Union Budget should not contain any scheme for the state of Goa is in conflict with the constitutional obligation of the President to present and the right of Parliament to receive the annual financial statement which, as Article 112 (2) (b) says, contains expenditure to be made from the consolidated fund of India for schemes for the benefit of the whole country, including Goa. Further, postponement of the Union Budget in compliance with or for fear of the model code has the effect of suspending the right of Parliament to receive the annual financial statement. The model code cannot suspend the operation of a constitutional right of Parliament at any time. Such a direction cannot override a clear constitutional provision. It is interesting to note that para VII, sub-para (VI) of the model code does not refer to “budget”. It merely talks about a minister announcing any financial grants in favour of a state where elections have been announced. “Financial grants” announced by a minister or ministers for a particular state are different from the budget which is presented to Parliament under the mandatory requirement of the Constitution. If that were not so, nothing prevented the commission from making a reference to “budget” in sub-para (vi). But it did not do so for obvious reasons. It is a reasonable inference that a constitutional body like the Election Commission is aware of the operational limitations of the model code in the face of a constitutional mandate. A clarifying direction cannot expand the scope of the original direction. According to the Provisional Collection of Taxes Act, the Finance Bill has to be passed within 75 days of its introduction. The Finance Bill may contain many tax concessions, etc. If the Election Commission announces polls in a particular state which is to take place a few days after this statutory deadline ends, does it mean that passing of the Finance Bill shall have to be held over till the elections are over? Nobody disputes the powers of the Election Commission. It can take all steps necessary to ensure a free and fair election which is the fundamental requirement of democracy. The model code of conduct has immensely helped in enforcing some degree of discipline in a difficult and chaotic area — the election. However, it is impermissible to enforce it in the case of the Union Budget which is presented as required by a constitutional mandate. A model code of conduct cannot put fetters on the operation of the Constitution and the right of Parliament. That right subsists at all
times. The writer is a former Secretary-General, Lok
Sabha.
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Too clever by half I
am paranoid about bare walls. I need always to cover wall space with whatever best is available. As a result, I am always buying paintings, lithographs, old prints, plates and even imitation pre-Harappa terracotta seals. On a trip to a junk shop in Delhi I found, leaning against the wall, right at the back of a stack of indifferent paintings, an exquisite portrait in a glided frame. Somewhere along the way the painting had been exposed to the elements and there was a vile, green fungus that engulfed most of the painting. But there was still enough of the face visible for me to recognise the painting for what it was. In the winters of the late nineteenth and early twentieth century, lesser members of the Royal Academy of Art would travel to India and make a fortune from painting portraits of royalty and semi-royalty. I didn’t recognise the subject of the painting but this didn’t really matter because there was no mistaking the fact that it was a masterpiece. I didn’t linger over it. I waited till we had reached the door and then casually I asked Vijay: “How much is that painting?” “It’s early nineteenth century, an original oil painting. I could give it to you for ten thousand.” My heart skipped a beat. At Rs 10,000 it was an absolute steal. But I am, by nature, a greedy man and my greed got the better of me. “There is nothing left of the painting. It’s been destroyed beyond redemption. It’s hardly worth the canvas it was painted on. I was only interested in the frame for a mirror. But even that I am not too sure about considering the condition it is in.” Finally, a price of two and a half thousand was agreed upon and I asked him to have it sent to my sister’s place. Two days later I got a phone call from her: “What did you want that wreck of a frame for?” “For what is inside it.” “But there is nothing inside it.”I felt blind panic; I felt the masterpiece slipping out of my hands. Perhaps it was already too late. “Do me a favour, Yogi. Go back to Vijay and ask him for the painting that was inside the frame. Say I need the canvas, say anything, but get it back.” She did get it back but when she told me about this she added: “I’ve got the painting back or at least what is left of it. I don’t know what good it is going to be to you now. He took you at your word — it was not even worth the canvas it was painted on. His daughter is learning how to paint. So it was coated with zinc oxide to make a white base for the child to practice on.” I took the painting to the restorer. He did a wonderful job but he also gave me a bill for Rs
20,000.
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Textiles were not meant for a piece of clothing alone, an entire culture evolved around their making in Punjab — with new phrases, songs and motifs. That culture is now fading behind a growing number of shopping malls.
Time
is not far when our future generations will believe that their apparels were always mass produced under a brand, in some distant Chinese factory. Unless, textile histories are written, or, are preserved in museums to showcase the richness of a tradition that was elaborate and highly personalised, our crafts and traditions will be lost forever. My mother would wear ghagra, when she would start from home, but finding it cumbersome to walk or ride, she would remove it as soon as she was out of the village. One day she confessed to my grandmother and asked for her permission to leave it behind. When my grandmother agreed, it was the end of my mother’s ghagra wearing days.
Twenty five yards of a skirt
Ghagras were used as a formal wear and it was customary to wear them when women stepped out of the house. They removed it as soon as they came home, like Muslim women remove a burqua. It formed part of manotties (gifts for the bridegroom’s family) at the time of muklava.(when the bride goes to her husband’s home ). The most common material used for making ghagras was malmal or muslin. The edge was always finished with either a row of pin tucks ,embroidery, gota or simply by putting a border of daryai (kind of cloth).The malmal ghagra was then starched (maandi) along with mica or vark which would shine in the sun. Vark was like thin layers of stiff paper which was crushed and added to maandi (starch). Other materials used for ghagras were Hari-shael ,which has references in folk tales and folk songs, laddha, saatan (satin), embroidered phulkari , parachute cloth etc. Parachute cloth was a silky material and perhaps similar to the textile used to make parachutes. For formal occasions the ghagra was made of expensive material with some embellishments like gota or embroidery. Many Punjabi women would vouch for having with them family heirloom — old ghagras of phulkari, made with khaddar dyed in deep vegetable colours and embroidered with bright colours. Ghagras of Punjab were different from that of Rajasthan, or, other parts of India. While others were more structured and shaped to give it a curve, the ones from Punjab were merely a piece of clothing which could vary in length from 9 to 25 yards depending upon the thickness of the fabric. It was just strung with a decorative cord or naara (ezarband). The lost string
The drawstrings or naaras were made with a thread, on a very simple adda (kind of a frame) or simply improvised by using charpai or a bed (manji) which was placed vertical along the wall. Naaras were made by series of twists and turns as it formed a kind of very loose net. Twelve to twenty kannas (reeds) were needed to make this. Their ends had designs like harad, barfi, char-khanna, etc, and was finished with a phool (pom-pom) and hanging tassels. This kind of naara was used by men for pyjamas and for women for their salwars and ghagras. Now, of course, it has become difficult to procure one of these kinds, as they are made in very small numbers. Having grown up in a town I missed out on daily life of a village. Since we visited our village often, my interest in what goes into making of the textiles grew. From plucking the cotton, to spinning, weaving and dyeing was done in our village. Spinning was mostly done by ladies. The spinning sessions were called trinjan, when women would meet at night to sing songs while engaging in spinning activities. They would weigh the cotton to make a bet as to who would spin the most in a sitting. Punjabi folk tradition is full of references to katna (spinning), charkha (spinning wheel) etc. Songs like charkha chann-an daa....har gere yaa-d awe-n too-n mitra...are all examples of this. Women would spin yarn to make different products like -lungi cloth, susi, khaddar for phulkari, khes and daris. Weaving was done by jolahas (weaver) who were present in almost every village. The width of the fabric woven was less than the desired width as the looms were such. It was perhaps easier to fit it in the home of the jolaha. In old khes or phulkari, it is observed that two pieces of cloth are stitched lengthwise. The job of the lalari (dyer) was specialized and required some level of expertise. Among the natural dyes used in Punjab were indigo (blue ), kikar bark (khakhi), madder(red). Some of the dyeing techniques were simple and dyeing could be done at home. Indigo and madder dyeing were complicated and handled by lalari or dyer. A cartful of Indigo leaves were used to fill oval shaped mud vessels called matts, which were then buried in the ground as indigo dye is extremely sensitive to light. A dyer would have several matts at different stages of fermentation and it could take several weeks for the dye to be ready. It was common for people to describe different stages of preparedness of the dye as – lalari ne matt paya...matti biggar gai ...matti goore neelae tha matt (various shades of indigo). Only when the indigo is oxidised, it turns blue. The Journal of Indian Art (1887) states that the indigo plant was cultivated in Punjab in great abundance. Unfortunately that is not the case any more. Madder was used to obtain reddish-brown colour and brown or muddy colour was obtained from kikar bark. It was soaked for over a month till the bark was dissolved. All these natural dyeing processes were practiced in and around our village. Many Punjabis can claim to have pieces of dyed khes, which have been constantly used, hand or machine washed for over decades and yet they retain the original colour. They are ideal for use during severe heat, monsoons, and even in air conditioned rooms. The versatile use of khes clubbed with the fact that it was made with home grown cotton made it popular. It could be wrapped around for warmth, used as a cover for sleeping or as a bed spread. Names like dotahi (twice- folded) and chautahi ( folded four times) are associated with the khes. It must be noted that use of woollen fabric was limited in rural Punjab in the early 20th century, as is observed in 1908 Imperial Gazetteer of India that dresses in the plains of Punjab were made entirely of cotton cloth. Thus, thick khes was doubled up as chadar for warmth.
The tale of phulkari
Phulkaris — which have been the most well known textile of Punjab mainly due to its vibrant colours and its beauty has been mentioned in our folk songs, folk lore and are still used for marriage rituals. The khaddar fabric on which phulkaris were embroidered, were either deep indigo blue or madder dyed to a deep reddish brown. Phulkaris are still being made in large numbers, but the work is different from the traditional phulkari known to us. The home spun khaddar fabric has been replaced by more trendy fabrics. Although the embroidery is not the same, the consolation is, at least the craft is kept alive. Daris were flat woven cotton rugs which were made in almost every household. These doubled up for bedding or as floor coverings. These boldly patterned daris often had blue and white bold geometric designs. These are still being made in certain pockets of Punjab. Natural dyeing practices are almost non existent in Punjab today. However they are still being practiced in other parts of India. These processes are lengthy and laborious and therefore more time consuming and expensive. Women somehow do not have a lot of free time to engage themselves in textile arts. Some of the craft traditions like khes, naaras, daris are made in very small numbers. There are multiple reasons for the decline of these crafts. However, there is need for us to work towards preserving our craft traditions, or, we would be narrating the fable of these traditions to our grandchildren. Jasvinder Kaur is a textile researcher who has worked at The National Museum, New Delhi, Musee d’art et d’histoire, and Musee d’ethnogrphie, Geneva, Switzerland.
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In Punjab, there was a tradition of wearing ghagra over salwar kameez, when ladies stepped out of the house. My mother would often ride a horse to visit nearby places, wearing those layers of clothing. When I was growing up, I was fascinated by these stories I heard from the elders in the family. At that time commuting from one part of Punjab to another was difficult, and was done on foot or on horses, as trains were few. 
