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Setback
for UPA Akalis’
second coming |
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Unstable
Uttarakhand
Money,
caste, religion in polls
The
gifted shoes
Grey
areas need to be addressed States
fear the ‘Centre’ more than ‘terrorism’
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Akalis’ second coming
By
returning the Shiromani Akali Dal-BJP combine to power Punjab has set a record. The odds were heavily against the Akali Dal. The biggest was the anti-incumbency factor. Then, Manpreet Singh Badal was seen as dividing Akali votes. Perhaps, he ended up weaning young, educated voters from the Congress. The people of Punjab did not buy the PPP’s promises of ending VIP culture, unemployment, drug abuse, misuse of the police and extravagance. Pragmatic people vote for those who could be in a position of power to return the favour. The verdict has justified Parkash Singh Badal’s repeated comment that those who quit the party to chart a new course have no political future. Once again, a high voter turnout has benefited the Akalis. Despite the pre-poll infighting and the blemish of corruption charges against some of its ministers, the BJP did not collapse as pundits had predicted. But the Akali Dal’s reduced dependence on it could work against the coalition partner in case of a difference of opinion. What weighed in the Akali Dal’s favour was Sukhbir Singh Badal’s managerial skills at the grassroots level though many of his actions were controversial. The senior Badal’s affable nature and easy access charms those who come in his contact. Besides, the Akalis relegated the Panthic agenda and went to the voters projecting development and communal harmony. Their politics of populism might have bankrupted the state treasury, it does come in handy during the elections. For Capt Amarinder Singh the Congress defeat is a big blow though it may not be entirely of his own making. His outspoken nature, aristocratic lifestyle and dependence on a coterie of advisers distance him from his admirers at large. How often does he visit Majha and Doaba? The Congress leadership in Delhi erred in the distribution of tickets. Sure of its turn for power, the leadership fielded the tainted and denied the ticket to some of the deserving. A series of mis-steps at the central level, relentless price rise, major scandals and Team Anna’s anti-corruption campaign have spread an anti-Congress sentiment, which is reflected in the results.
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Unstable Uttarakhand
If
there is one message that stands out loud and clear following the announcement of election results in the hill state of Uttarakhand it is that the voter is torn between the BJP and the Congress unable to trust one over the other. In the last Assembly election in 2007 as well, the verdict was ambiguous at best, forcing the BJP to cobble a majority with the help of Independents. This time too, the key to government formation appears to lie with the rebels and the independents, with both BJP and the Congress failing to reach the halfway mark. Indeed, both the national parties appear to have been singed in the state by dissidents and rebels in their ranks, who seem to have fared much better than the official candidates in many of the constituencies. It is also ironical that the outgoing chief minister and BJP leader, B.C. Khanduri, who is widely credited with bucking anti-incumbency in the state, has himself failed to win. Voters have been unsparing in their verdict on several outgoing ministers, refusing to elect them. Several Congress heavyweights, including the outgoing Deputy Leader of the Congress Legislature Party, have also been rejected. Personal nominees of former chief minister Narayan Dutt Tiwari, who is said to have arm twisted the party into fielding them, have lost and so have the young faces from the Youth Congress, foisted ostensibly at the insistence of Congress general secretary Rahul Gandhi. A division of Dalit and Muslim votes may have also cost the Congress as well as the Bahujan Samaj Party dear. The BSP, decimated in Uttar Pradesh, has fared poorly in Uttarakhand with its tally coming down from eight to just three. While the Congress appears to have an advantage, with the Independents said to be either party rebels or opposed to the BJP, there is little doubt that both the parties will make a serious bid at forming the government. It remains to be seen how the two national parties bargain and try to win them over. And, of course, whether they can ensure a stable government in the state.
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A mistake is simply another way of doing things. — Katharine Graham
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Money, caste, religion in polls ELECTIONS in India have lost the carnival spirit because no processions, no buntings, no bands and no posters are allowed by the Election Commission. But this has not decreased the expenses. UP, Punjab, Uttarakhand, Manipur and Goa which went to the polls have totalled the highest amount ever spent in state elections. The rough guess is around Rs 2,000 crore. Proportionately, Punjab was at the top of the ladder. The Election Commission can do little because the money is distributed at unknown places, generally in the hush of night. No Lokpal can detect this because the purchase of vote is at the individual level. And each constituency has hundreds of hands employed by political parties in the name of bandobast. They have to search their heart if the illegal money which they spend bothers them in any way. But then they are driven by the mania of power. In our times, a volunteer would sling a thaila (bag), carry grams for sustenance and go on foot. This was canvassing at the grassroots. Today even a party worker would ask for a jeep for travel and expect four meals, starting from breakfast. The communists and the RSS pracharaks are the only ones who remain motivated. But even among them that type of dedication is lessening. The Election Commission has confiscated nearly Rs 50 crore and some trucks carrying liquor. Instances of "paid news" have also been spotted for action. But all this does not amount to even 1 per cent of money the candidates and political parties have spent. Yet the credit for making the polling without violence goes to the Election Commission or, for that matter, Chief Election Commissioner S.Y. Quraishi. He stretched the polling over six weeks so that the central security forces were available in all the five states. It is a sad reflection on the state police, but the force is so much at the beck and call of chief ministers that no fair election is possible if it is left to the state. Even the local police used to help and acted independently till the mid-seventies when morality was ousted from politics. One thing which stands out in elections is the enforcement of the model conduct code, agreed upon by all political parties some 20 years ago. The ruling Congress is the only party to join issue with the commission on this point and has threatened to make the code statutory so that the violation is dragged to law courts instead of the Election Commission, where the action is immediate and the complaint is attended to forthwith. The government's thinking is understandable because the Congress has been the biggest sinner. Starting from Law Minister Salman Khurshid to the crown prince, Rahul Gandhi, the party has paid a scant attention to the model code of conduct. It has even played the religious card by announcing that the party, if returned to power, would allocate 9 per cent of reservation to Muslims in education and employment from the overall 27 per cent reservation for the backward classes. (According to the Sachar Committee report, the plight of Muslims in India is worse than that of Dalits, and that the 80 per cent Muslims are backward). When the Election Commission took the Law Minister to task for announcing a sub-quota during electioneering, he first hummed and hawed but subsequently sent a written apology. The matter would have ended then and there if another central minister Beni Prasad had not repeated the sub-quota for Muslims. He has even challenged the Election Commission in a law court. Nobody objects to reservations for the backward Muslims. The objection is to the reservation on religious grounds — the point which the constitution of India prohibits. Rahul Gandhi has been batting on a different pitch. He has been indulging in such antics as do not befit a person who may be India's Prime Minister. He tears the manifesto of an opposition party and makes remarks which even street urchins would hesitate to do. A case has been registered against him at Kanpur where he had a road show violating the understanding on the timing and the route he gave. Had he apologised, the issue would have been sorted out. But he has persisted with it. In fact, UP saw the entire Gandhi family, including the husband of Priyanka, Sonia Gandhi's daughter, participating in electioneering. The dynasty somehow has come to believe that it alone strings India together and all political parties are petty and parochial except the Congress. Therefore, the dynasty gathered in UP to pull out the party from a quagmire of non-existence it had been stuck for years. Regrettably, the party should introduce religion as a factor in electioneering which the dynasty's head, Jawaharlal Nehru, denounced throughout his life. Muslims constitute about 19 per cent of the electorate, and the Congress has jettisoned its secular
credentials to placate them. The BJP is expected to communalise the atmosphere but it is no use blaming it when the Congress throws the first stone. The BJP did not have to get Gujarat Chief Minister Narendra Modi's pogrom to UP because Uma Bharti had poured enough venom against Muslims. That a party which considers itself an alternative at the Centre should have the building of temple at the site where the Babri Masjid stood once indicates the policies the BJP would follow if it is ever returned to power. Unfortunately, the use of castes or, more so, sub-castes, has increased in every segment of activity even in urban areas. This malady has spread even among Muslims who are prohibited from putting their faith in the caste system. In fact, many Hindus have embraced Islam to escape the tyranny of caste-related discrimination. But they find the Muslim society as hierarchal as the Hindus. Elections have been free and fair, and the Election Commission deserves all the kudos. But when money, caste and religion come into play and make a mockery of polls, can they be called free and fair? This is one question which all political parties have to answer, not the Election Commission, which has been awaiting for months the government's permission not to allow such candidates as have been charged with big crime like murders, rapes or
dacoities.
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The gifted shoes Recently, while I was taking off my shoes for a medical check-up, my doctor friend remarked on their old style. He refused to believe, when told, that they were 14 years old, for they almost appeared to be new. I then told him that there was a story as the shoes had often brought me luck. For a long time, my family had been planning a big do on the occasion of my 50th birthday. But as luck would have it, at the relevant time in 1998, I found myself posted at Itanagar, in Arunachal, and all by myself. It was becoming difficult to come out and embarrassing to ask for leave, but with the blessings of the Almighty something important came up in Delhi for which I was sent officially. I availed of this opportunity and was able to visit my parents at Chandigarh for the occasion. Apart from the usual essentials and rituals of such an event, my younger son, who had just started work, presented me with two pairs of very exclusive shoes and two sweaters. One of the shoes was brown and, being of the standard pattern, I immediately put it to use with my uniform. The black shoe was rather an exquisite brogue design and was used sparingly and for special occasions and evening socials only. Expectedly, while in Arunachal there was not much outing for this pair, but having been transferred to Delhi the next year, the frequency of their usage increased. During my absence, my wife, who had remained in Delhi, was initiated into joining guruji’s satsang. This was held three-four times a week in the evenings, and the gathering usually broke up only after “langar prasad”. After coming to Delhi I also tried to join, but found it impractical, as sitting in the satsang, with the wireless operator coming with a message, every now and then, appeared rather disconcerting to me and disturbing to others. During this period, one of the devotees of guruji, who had been specially blessed, organised a “special sangat”, where guruji decided to bless all of us. We had also attended and after the langar, when we tried to leave, guruji gestured to us to stay back. It was getting late and finally, as we found ourselves to be among the last ones to leave, I could not locate my black shoes. Instead a different type of pair had been left behind by someone. I was too shocked and embarrassed to mention this to anyone and was left wondering as to how a person could not detect his mistake while stepping into different types of foot contours. With the thought that perhaps the wearer would realise his mistake and come back after some time, my wife and I continued to linger around, but without any success and left after some time. I was barefoot as the “newly acquired” pair was kept in the dickey of the car, where it remained. The incident was more or less forgotten as I never mentioned to anyone and we continued to go for satsang, as usual. Then after about a month another one of guruji’s devotees organised a “special satsang” at his residence, where all of us were invited. I jokingly remarked to my wife that let us hope that person would also come today. And with this hope, I actually wore those ill-fitting shoes to the sangat. And as we approached the shamiana in the compound, lo and behold, the first pair in the shoe rack shone from a distance, bringing up a broad smile. The exchange took place silently and, to date, I do not know who the other person was, nor would he. You may call it superstition, but one thing I know for sure is that they have often brought me luck, and, indeed, are truly gifted
shoes.
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Grey areas need to be addressed The Union Home Minister P. Chidambaram, with all the controversies he finds himself surrounded with, deserves full credit for trying to raise a counter-terrorism architecture. The National Investigation Agency (NIA) was set up. NSG hubs were established in Hyderabad, Kolkata, Mumbai and Chennai. Anti-terrorism and Counter-insurgency Schools were set up in some states. Coastal security was beefed up. The states were asked to strengthen their police infra-structure, etc. In December 2009, while addressing a conference of the Intelligence Bureau, the Home Minister for the first time spelled out the need to have an over-arching National Counter Terrorism Centre. Its charter would include “preventing a terrorist attack, containing a terrorist attack should one take place, and responding to a terrorist attack by inflicting pain upon the perpetrators”. Power to arrest, search & seizure It was an ambitious scheme, which encountered opposition from other security related departments. After prolonged consultations, the outlines of the scheme were finally revealed through an executive order on February 3. The NCTC would function as a wing of the Intelligence Bureau and its functions would not be limited to collecting, coordinating and disseminating intelligence about the activities of terrorists but also include the powers of arrest, search and seizure under the Unlawful Activities (Prevention) Act. In other words, the Intelligence Bureau would be vested with police powers, albeit through the NCTC. Chidambaram has drawn inspiration from the US National Counter Terrorism Centre which was established by a Presidential Executive Order in August 2004 and codified by the Intelligence Reform and Terrorism Prevention Act of 2004 (IRTPA). It was meant to lead the “nation’s effort to combat terrorism at home and abroad by analysing the threat, sharing that information with our partners, and integrating all instruments of national power to ensure unity of effort”. It was placed under the Director of National Intelligence but was not given any power of arrest, interrogation or investigation. The Indian version of the NCTC obviously goes beyond the US model. Howsoever laudable Chidambaram’s intentions may have been, he made three grievous mistakes in executing a much needed proposal. Firstly, the states were not consulted on such a sensitive issue affecting centre-state relations, which they should have been. The battle against terrorism can be fought successfully only with the combined efforts of the Centre and the states. Secondly, the NCTC, both in USA and UK, are independent entities. Making NCTC part of the IB could be a disadvantage in the sense that objectivity would be at a discount and a mistake made by the IB were likely to be replicated by the NCTC. Thirdly, it was wrong in principle to have vested the Intelligence Bureau with powers of arrest and seizure. Intelligence organisations in democratic countries are not given such powers, which are normally associated with totalitarian regimes only. Besides, in the event of the central government getting derailed, as happened during the Emergency in India, these powers could always be misused to harass the political adversaries, branding them as terrorists or their collaborators. States' objection untenable The government has now called a meeting of the Chief Secretaries and Directors General of Police of all the states to sort out the thorny issues. Hopefully, there should be a meeting ground. There is absolutely no doubt that the country urgently needs a National Counter Terrorism Centre. It is also necessary that the NCTC should have a comprehensive reach across the length and breadth of the country and that its operations are not hamstrung by a narrow interpretation of the federal principle. The objection of the states that the proposed NCTC impinges on the federal character of the constitution and that it is an encroachment on their turf is untenable. The ground reality today is that the states depend upon the Centre to discharge even their normal law and order responsibilities. Be it a caste conflict, a communal show down, festival arrangements, or any kind of bandh, the states clamour for central forces to deal with the situation. They forget then that under the Constitution it is their responsibility to deal with such situations. On the other hand, when the Centre takes an initiative to deal with the problem of terrorism which has inter-state or even trans-national ramifications, the states wake up to what they consider their constitutional rights and resent the Centre’s alleged encroachment in their fiefdom. It has to be understood that dealing with terrorism would necessarily require Centre’s help, involvement and guidance. The states, on their own, just cannot cope with the terrorist threat. The country must have an NCTC - and it must be a strong body with full authority over sharing, collation and dissemination of all intelligence relating to terrorism. However, the temptation to vest it with police powers must be resisted. Such powers would always arouse suspicion and the temptation to misuse them would always be there. The dialogue with the states should lead to a meaningful compromise. The proposed NCTC should neither be crippled nor made more powerful than is actually necessary for combating terrorism. (The writer is a former Director General of the Border Security Force, DGP UP and DGP Assam)
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States fear the ‘Centre’ more than ‘terrorism’ India is, however, neither a union of states nor a federation. Constitutional experts call it a quasi-federation. Some other political scientists characterise it as ‘cooperative-federation’ and explained that India is a federation in ordinary times and becomes a Union in an emergency. The question, however, is when is India not in an emergency? Home is the subject of states and the Center’s ‘Home’ department is expected to deal with inter-state issues and national crime besides coordinating the investigation. Terrorism is an international phenomenon, and creates a war like situation, which in fact invokes the jurisdiction of the Centre to defend the country, though in strict sense it could be classified as a ‘law and order’ problem. It is undoubtedly a national problem warranting a collective and concerted action. The real question, therefore, is not inadequacy of the ‘mechanism’ but the incapacity to man it. In 2009, the Centre came up with the Multi Agency Center(MAC) to coordinate between different agencies to fight terrorism. It was not opposed by any state or chief minister then. However, this centre remained just a name without delivering any thing even after its existence for three and a half years. Prior to that, a Group of Ministers in 2001 suggested a Joint Task Force of Intelligence agencies, which was approved by the then Government. When the Centre offers some intelligence and data with advice to act in a particular manner, no state police has ever refused to comply so far. Another body unnecessary There are those who argue that another organisation to deal with terror is wholly unnecessary. Our problem is not the deficit of ‘power’ but the deficit of ‘capacities and capabilities’, which is lacking in our counter terrorism actions. What we need is an effective national database on terrorism, which can be shared in real time. Our principal problem lies, not in architecture, but in manpower, materials and execution. We have eviscerated institutions over decades, and now believe that the solution lies in creating layer upon layer of meta institutions to monitor, coordinate and oversee this largely dysfunctional apparatus. Another point of view is that we do need a separate body for responding immediately and manage the crisis. For example, in the Mumbai attack case, in 2008, state authorities waited for National Security Guards (NSG) teams to do the operation. Vikram Sood, former chief of India’s external intelligence agency, the Research and Analysis Wing, made a relevant point saying that the NCTC should be an independent body with no operational role. It should not have any powers to arrest. It should only be a coordinating body. The point to be noted is that it was not the lack of such a centre that stopped NSG from countering the terrorist attack on Mumbai, but the lack of the readiness and political will, with required efficacy and capability. The Mumbai attack reflected the facts of slackness, negligence, corruption and unpreparedness to face such attacks, besides a lack of coordination between the forces and within the state police. What we need is a centralised data which is available at the click of a mouse. We have several agencies to deal with different aspects of the problem separately, but the government appears to use them to employ henchmen and control opponents. The Centre has often used the extraordinary power under Article 356 of the Constitution to remove the elected governments in states and impose its own rule, weakening the federal characteristic. This is the basis of apprehension of the non-congress Chief Ministers about the contemplated National Counter Terrorism Center. The opposition is based on the apprehension of political misuse of that power by the Centre. This is a ‘political’ opposition and not a philosophical conflict. More than ‘terrorism’, the states seem to fear the political terror unleashed by the party in power at the centre based on the past experience. In the era of coalitions, when the Union Government is weak and depends on support from small parties or groups, the federal character is imposed by political necessity. The opposition from at least thirteen leaders from different parts of the country has forced the Centre to roll back the proposal. The Centre should have more consultations with the States before announcing the formation of this NCTC unilaterally. If distribution of power is a mechanism envisaged in the ‘federal’ constitution, states too must appreciate that securing the country is the main objective of the rule of law. (The writer is Professor and Head, the Centre for Media Law and Policy NALSAR University of Law, Hyderabad.)
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