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Political Diary
SC Raps Governors: TIME FOR SOUL SEARCHING, By Poonam I Kaushish, 14 November 2023 |
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Political Diary
New Delhi, 14 November
2023
SC Raps Governors
TIME FOR SOUL SEARCHING
By Poonam I Kaushish
Whoever said different political
strokes for different political folks was dead on. Specially when it comes to
the high Constitutional office of Governor. Wherein handpicked chamchas do whatever their mai baaps sitting on India’s Raj gaddi want. Governance, after all is one
big nautanki which has turned
democracy on its head. Bend them, break them, who cares if Governor’s office is
in shambles!
The latest lament was
by Supreme Court Monday, which expressed acute displeasure at Governors holding
back Bills in Opposition-ruled States Punjab, Tamil Nadu, Kerala and Telangana virtually
forcing State Governments to approach for judicial intervention while hearing Punjab
Government accusing Governor Purohit of sitting on seven key Bills including Money
Bills since July. Chief Justice Chandrachud rapped, “This is a serious issue …
Why should Parties be made to approach Supreme Court for Governors to act.”
Stingingly adding, “We
are a democracy in operation since birth of Constitution. These are matters to
be sorted out between Governors and Chief Ministers. We will ensure
Constitution is complied with. Time everybody, including Governors and Chief
Ministers, did a little bit of soul-searching. Governors should not be
oblivious that they are not elected by the people.”
Chimed in Kerala, “Governor
Khan held back crucial Bills, some pending for over two years… When we told him,
he said ‘let us see, we will fight it out’.” Ditto Tamil Nadu which accused
Governor Ravi of positioning himself as “political rival” who had caused “Constitutional
deadlock” by sitting on Bills, neither assenting nor returning them for months
together.
Clearly, Purohit-Mann conflict is a lesson on dangers of appointing
political hatchet men to high offices that call for fairness, uprightness and
adherence to Constitutional values and conventions. Worse, it underscores Centre
and Governors have no intent in rectifying flaws and upholding Constitutional
tenets. Specially, as it comes 6
months after Court intervened for Telangana asking Governor Soundarajan to clear Bills pending since September 2022.
Raising a moot point: Have Governors become a law unto
themselves? Are Legislatures in Opposition-ruled States West Bengal, Punjab, Kerala
and Tamil Nadu at their mercy? Are Governors dabbling in Vice-Chancellors
appointments to State-run universities? Are they absent from official
functions and convening of
Assembly session et al? Are Parties ideologies
becoming touchstones for Constitutional matters? Will this not weaken country’s
federal structure?
Earlier too, Court in a Chief Minister vs Governor
case said, levels of discourse should not degenerate into a “race to the
bottom.” Rajasthan and West Bengal have passed laws against gubernatorial
interference in education. In Rajasthan, Governor faces allegations of
appointing Vice-Chancellors with
RSS-BJP ideology in 7 of 8 universities, 6 of whom are from outside
Rajasthan. Tamil Nadu Chief Minister Stalin asked Assembly Speaker to take
on record only speech prepared by State Government and delete portions added by
Governor.
Instances of Rajyapals ‘misinterpreting’ rule book, drawing his own
conclusions based on delusions so that he and his benefactors at Centre could
rule the roost and clashes with Chief Ministers are aplenty. In Maharashtra
between erstwhile Governor Koshyari- Thackeray, West Bengal
Dhankar-Mamata, Kerala Khan-Pinarayi, Telengana Soundarajan-Chandrashekar
Rao, Tamil Nadu Ravi-Stalin, Delhi Sakena-Kejriwal is par on course.
Be it Congress-BJP,UPA-NDA all are tarred by same brush
whereby each Party which rules the roost at Centre has used, abused and debased this office by reducing
Governors to position of Centre’s kathputli, ever-ready to
destablise the State, if desired by New Delhi. Most have no qualms of
conscience in rubbishing it in personal or Party interest, overlooking
Constitution’s letter and spirit.
Look at the absurdity. A Rajyapal relinquishes office and returns to active
politics, thereby turning conventions of Governor always Governor on its
Constitutional head. Example: Congress’s Shinde relinquished as Maharashtra
Chief Minister November 2004 and was anointed Andhra Governor same day. Two
years later, he re-entered politics as Union Power Minister in Congress-led UPA
I before shifting as Home Minister 2012. Ditto Mizoram BJP Governor
Rajasekharan resigned 2019 to contest Lok Sabha elections from Kerala where Party
wanted to make a dent.
Sadly, in a milieu of you-scratch-my-back-and-I-yours, a gubernatorial
post is no longer decided on whether person is a man of stature known for his
integrity and objectivity, instead it is the perfect lollypop for political
castaways, parting gifts for subservient bureaucrats and convenient posts for
inconvenient rivals, totaling over 60% today. His essential criteria: whether he can be a chamcha .Consequently,
Governor has become a convenient tool of Centre in Opposition-ruled
States where he runs administration by proxy.
Besides, Governor is often used as a lever, facilitator and at worst, surrogate
of Centre’s nefarious designs to install its own Government, at any cost thus
bringing the post into severe disrepute. Accentuating the stress India’s
federal structure is undergoing and the dangers to the country’s democratic
backbone if all sides don’t take a step back and act more judiciously as
none of this is conducive to healthy democracy.
For too long, Governor’s have been perceived to be following the
Centre’s writ, whichever be the Party in Centre. By playing the I-spy game --- petty
politricking, gross interference, open partisanship, sending for files,
summoning Ministers and bureaucrats. To hear, entice, provoke and register
voices of dissent against the State Government to their political patrons in
Delhi. Bluntly, make life hell for Chief Minister at every step.
Supreme Court has held the political aaina with all its pock-marks
and scars. Our netagan must desist from employing their
individual meanness in the name of public good. High time Governors do the job
they are appointed for, being a watch dog and acting in an impartial manner.
Else they need to be dispensed with if they abdicate their Constitutional
obligations and mortgage their souls to the powers-that-be.
Undoubtedly, this rajnitik ring-a-ring-a-roses has to
stop. The BJP needs to realize the sins of
predecessor Governments can
neither absolve nor justify its questionable moves. We need to find a new
method of appointing Governors. Consultation with State Governments might not
be enough as some might be supportive of the Central Government. Instead, Rajya
Sabha should screen prospective candidates who should be interrogated, investigated
and judged on suitability before confirmation.
The President too
should not just act on the aid and advice of her Council of Ministers but could
lay down guidelines wherein she is not misled about a person’s political
affiliations and politics and only those citizens appointed who are politically
neutral.
Arguably, can India
afford to allow persons holding Constitutional offices to accept political
“rewards” for doing at its bidding? No. Ultimately, principles emerge from good
practices not bad ones. Good principles recognise Constitutionalism and
democracy. Time we restore Governor’s office to its old glory. This calls for
fairness, uprightness and adherence to Constitutional values and conventions.
Remember, power
corrupts but also intoxicates and absolute power stimulates grandiose
apparition of immortality. Forgetting that power is evanescent whereby wheels
of fortune will turn and they may be caught beneath its inexorable roll. Our
leaders need to rise above politics and appoint neutral non-political Governors
not yes-men or neta-turned
rajyapal-turned-neta. It is now imperative leaders and Parties who
postulate the Constitution also practice what they preach! ----- INFA
(Copyright,
India News & Feature Alliance)
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US Extends Garcia To Lanka!: INDIA BRACES OCEAN DEFENCE, By Shivaji Sarkar, 13 November 2023 |
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Economic Highlights
New
Delhi, 13 November 2023
US Extends Garcia To Lanka!
INDIA BRACES OCEAN DEFENCE
By Shivaji Sarkar
Amid
global turmoil of the Ukraine and Israel wars, a new strategic front opens up
in Sri Lanka with $553 million US investment at joint venture of India’s Adani
group and a Sri Lanka company and a string of moves for Indian ports across the
Indian Ocean region.
The US
suspects China’s involvement in the recent Hamas attack on Israel. Its
geo-strategic investment in Sri Lanka is an effort to keep China off the island
nation, an objective that suits India as well. The US placates India and gets
foothold to keep its eyes around the Ocean, an expansion of the Diego Garcia
base without a murmur.
The US
International Development Finance Corporation invests equivalent of Rs 4600
crore at the shipping container terminal in the port of Colombo known as West
Container Terminal (WCT) which is being developed by a consortium of Adani
Ports and SE; Sri Lankan group John Keels Holdings and the Sri Lanka Ports
Authority. Adani Ports has 51 percent stake, John Keels 34 percent and Sri
Lanka Ports 15 percent. Interestingly China Merchants Port Holdings also has a
venture at the WCT.
The US
DFC says that it would transform Colombo into a “world class logistics hub” as
its high priority in the Indo-Pacific region. The DFC was set up five years ago
in response to Beijing’s massive Belt and Road Initiative (BRI).Sri Lanka is
stated to have gone into multi-billion-dollar debts to BRI for the Hambantota
port, which was leased out to China in 2017. Sri Lanka is yet to come out of
the debt trap.
The
Indo-US move opens up a strategic relationship. India is jostling for influence
in the island nation as it is concerned of increasing Chinese presence at one
of the key shipping routes at its backyard for over a decade. How the new
venture could stem that is situated next to a Chinese terminal would be
interesting to watch. For the past two decades, China has dominated global
infrastructure finance with faster and bigger projects.
India
has taken up a larger plan to counter China in the Ocean. The Sagarmala project
aims at going beyond its shores to secure Indian maritime and security
interests. It has strengthened its facilities at the Andaman Islands and
neighbouring countries. The UK transferred Diego Garcia illegally to the US
ceding it from Mauritius in 1965 causing quite a consternation for India during
the last many decades. Despite India signing Logistics Exchange Memorandum of
Agreement (LEMOA) the US in 2016, its Indian military use remains on paper,
says analyst Abhijit Singh, heading maritime initiative at the New Delhi-based Observer
Research Foundation.The Garcia base is an anchor of US predominance in the
Indian Ocean and its littoral states in Africa, West Asia and around the Indian
subcontinent extending up to Pacific.
The Sri
Lanka terminal is another move to keep the US engaged but India’s concern
extends far beyond. About a quarter of India’s trade is handled through ports
in other countries. Major part of trans-shipment is done through ports in
Singapore, Colombo and Klang in Malaysia, Sittwe in Myanmar, Chattogram and
Mongla in Bangladesh. Along with this various land routes are being opened
through Bangladesh like the recent Akhoura-Agartala train route, and extending
it to Kolkata for a trans-subcontinental transportation mode. It reduces
distances by about 1200 km.The Sittwe port links India’s northeast, as an
alternate route to the Siliguri corridor and decreases transportation cost to
many areas, including landlocked Mizoram.
India is building a deep-sea port at Sabang in Indonesia. It lies close to
Andaman and Nicobar Islands. In 2002, Indian Navy and Indonesian Navy signed an
“India-Indonesia Coordinated Patrol” agreement. Sabang is strategically
important due to its access to crucial maritime trade route, Malacca Straits
though which 40m percent of world trade is carried out. It also improves ties
with ASEAN countries. The Sabang is estimated to have initial cost of $1
billion and is being built by Adani Ports (APSEZ).
A few
months back in May 2023, India and Indonesia conducted bilateral naval exercise
called Samudra Shakti-23 in the South China Sea. It included anti-submarine
warfare with INS Kavaratti, Chetak helicopters and Dornier maritime patrol
aircraft. Another trilateral maritime partnership took place with India,
Indonesia and Australia in September. So far 37 such exercises have been held
with Indonesia.The land routes to Thailand are being worked out through Myanmar
by National Highway Authority of India.
The
Chabahar port in Iran has been developed for a new land-sea route to Central
Asia bypassing Pakistan. Despite some thaw, Chabahar is one of the few regions
in Iran that is not subject to American sanctions. It streamlines trade
processes with other countries.
The
latest G-20 move for India-Middle East-Europe multi-modal trade corridor
through Haifa port in Israel is another major move. Though it may have gone
into some trouble owing to the Israel-Gaza war despite support by Saudi Arabia
and UAE. This is also counter to China’s BRI. The US supports it.
The
Haifa port is also now under the Adani Ports and is aimed at being developed as
a major port as gateway to Europe, Turkey and Russia. If the Middle East-Europe
corridor comes up, it might become one of the thriving routes and a strategic
alliance. The regional conflicts in West Asia and Ukraine-Russia could pose
problems, however.India has worked out alternate routes in the region. It has
strong relationship with Oman and gives India access to Duqm port on the
Arabian Sea.
India
has plans for having similar arrangements for ports in Africa as well. The move
to create alliance with Indian Ocean littoral states was conceived in 1974. It
is evolving and India is developing relationships with many African countries.
China, however, is more active.
India is
actively making efforts for having strategic advantages in the Indian Ocean –
Pacific region. The Colombo port move is significant for its counter-Chinese
BRI move, close ties with the US as also as a process of moving out from any
super power shadow by aligning with a number of countries around the
Ocean.---INFA
(Copyright, India News & Feature Alliance)
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TMC MP Moitra’s Expulsion: ‘FIXED MATCH’, ‘KANGROO COURT’?, By Insaf, 11 November 2023 |
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Round The States
New Delhi, 11 November 2023
TMC MP Moitra’s
Expulsion
‘FIXED MATCH’, ‘KANGROO
COURT’?
By Insaf
Will the West Bengal TMC MP Mahua Moitra’s “cash-for-query”case
go down in parliamentary history, as claimed by her, is a big question. On
Thursday last, the Lok Sabha Ethics Committee adopted its 479-page report and recommended
her expulsion on grounds of ‘unethical conduct’for accepting gifts and sharing
her Lok Sabha login credentials with an unauthorised person, having an impact
on ‘national security’. Six members supported the adoption of the report and
four have opposed it.The Opposition members have put in dissent notes and alleged
the inquiry process as a “farce” and a “proverbial kangaroo court!” They insist
the complaint against Moitra has ‘no merit, is unfounded and without a shred of
evidence, and is being used to malign and defame a Lady Member of the Lok Sabha…
the recommendation is ‘erroneous’ and has been framed ‘purely for political
reasons.’A ‘fixed match’ from day one, is what Moitra herself says. Her X post
reads: “first expel & then ask govt to ask CBI to find evidence. Kangaroo
court, monkey business from start to finish”. “Never Waste a Good Crisis they
say... this just helped me double my 2024 winning margin.”
So be it, but there are critical issues
raised, such as there’s no evidence (of cash and gifts) being given or taken
which was made against her; the complaint is ‘pure animosity’ by BJP MPNishikant
Dubey; the first rule of an ethics complaint is it can’t be “false, frivolous,
vexatious” and must be made in good faith; Worse, it will set a dangerous
precedent and open up MPs to all sorts of harassment by interested parties in
future. Besides, the Ethics Committee says Moitra can’t expel, and it’s a
matter for the Privileges Committee. A lot depends on how Speaker Om Birla
proceeds with the report submitted. The recommendation is to be taken up during
the winter session of Parliament, due to meet on December 4. Once the report is
tabled in Lok Sabha, which will then vote on a motion to put the recommendation
into action.Will Moitra be an MP only for a month from now? It won’t be just ‘que sera sera’.* * * *
Bihar
Quota Gamble
Bihar Chief Minister Nitish Kumar realises value
of time being of the essence. With an eye on election 2024, the Assembly on
Thursday last unanimously approved the Bihar Reservation Amendment Bill, which
increases quotas for SCs (16% to 20%), STs (1% to 2%), EBCs (18% to 25%) and
OBCs (12% to 15%), -- all from existing 50% to 65%. Importantly, bills
providing for the same in educational institutions and government jobs were
passed unanimously. This just within a month of the caste survey released,
which reveals over one third of families live around Rs 200 a day; among SCs
the number stands at 43.93%; only 7% of population are graduates; and 96% have
no vehicles! Nitish assured the House his government will implement raise in
quota ASAP, adding ‘if Centre gives Bihar special status, the State will excel
even further.’ The big question is will it pass legal test as the bill together
with 10% EWS quota, pushes reservation to 75%, well past Supreme Court’s 50%
ceiling! While time will tell, Nitish managed to show flaws within the BJP.
While the party’s MLAs lent support, the BJP at Centre is hedging on a national
caste census. Well, in present political scenario, no party can afford to
oppose quota raise for the backward and oppressed-- a major vote bank. Indeed,
Bihar has got ‘Mandal politics’ returning. Not only will it have an impact on
Bihar’s polity, economy and society, but the entire nation. BJP’s ‘inclusive
growth’ needs to get realistic?
* * * *
Polluted Delhi
Delhi’s AAP government must be thanking the
rain god. Thursday’s overnight rain in the capital provided much improvement in
the air quality and cleared the smog hovering for over 10 days. Delhi-NCR’s air
quality had declined these past 2 weeks due to a gradual drop in temperatures,
calm winds that trap pollution and a surge in paddy straw burning, forcing the
government to prepone December school winter break to November 9-18, banning
all construction work, and entry of polluting trucks; contemplating odd-even
car-rationing scheme. Doctors have said breathing in the polluted air is
equivalent to smoking approximately 10 cigarettes a day and a report by Energy
Policy Institute, University of Chicago said air pollution is shortening lives
in Delhi by almost 12 years! The Supreme Court too is exasperated observing ‘there
were several reports and committees on the pollution issue, but nothing was
happening at the ground level’. Kejriwal government for one, can no longer pass
on the buck of bad air to Punjab, as it’s in power there. But it continues to
accuse the Centre of not lending a helping hand. It’s now planning inducing
artificial rain through cloud seeding to curb pollution, but this requires
obtaining basic clearances and permissions for using the technology from both
central and the state governments in ‘a time-sensitive matter’. Will the BJP
oblige?
* * * *
Naga Women Voice
Winds of change are indeed blowing in
Nagaland. On Thursday last, at a special session, the Assembly unanimously
passed Nagaland Municipal Bill 2023, which retains 33% reservation for women in
urban local bodies (ULB), paving the way for civic polls stalled for two-odd
decades. However, women’s reservation for chairperson post in municipal bodies
has been denied. Recall in March, the State Election Commission had notified ULB
polls on basis of an earlier Act, which was vehemently opposed by apex tribal
bodies and civil society organisations, forcing the Assembly to repeal the
Nagaland Municipal Act 2001 altogether. With consultations leading to change in
mind, the SEC will soon announce the dates of elections, last held in 2004. The
Bill has also done away with provisions for taxes on immovable property,
however other revenues such as fees, service charges, maintenance charges will
need to be paid by the public. A give and take alright. Chief Minister Rio
would be keeping his fingers crossed women come on board and ‘not let issue of
reservation for chairperson post be a bottleneck in successful conduct of ULB
election.’ The time for Naga women has arrived and all eyes will be on them to
make their mark.
* * * *
Gaming Lesson for TN
The DMK government in Tamil Nadu needs to
play its cards well, literally. On Thursday last,Madras High Court dealt a hand
wherein it declined to include rummy and poker in the list of banned games in
the Tamil Nadu Prohibition of Online Gambling and Regulation of Online Games
Act, 2022, saying these were ‘games of skill’ and not ‘games of chance’ The
impugned Act, in its entirety, the court said ‘needn’t be held to be ultra
vires…the state is competent to legislate to the extent of prohibiting online
gambling, i.e., games of chance, at the same time, it has got the authority to
regulate online games of skill. The definition of “online gambling” under
Section 2(i) of the Act shall be read as restricted to “games of chance” and
not games involving skill.” The Act was introduced following number of suicides
over alleged monetary loss in online gambling, which was challenged by the All-India
Gaming Federation and other online gaming companies. The court noted: the state
‘miserably failed’ to demonstrate online games of rummy and poker were
different and distinct from offline games of rummy and poker; the State can make
rulesviz time limit, monetary limit, age restriction or such other restrictions
about playing of online games; that in the present case there was no evidence
that public order was disturbed! Go in with good cards, is a lesson Stalin
government should learn.----INFA
(Copyright, India
News & Feature Alliance)
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Changing International Relations: THE INDIAN IMPERATIVES, By Dr DK Giri, 10 November 2023 |
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Round
The World
New Delhi, 10 November 2023
Changing International Relations
THE INDIAN IMPERATIVES
By Dr DK Giri
(Secretary General, Assn for Democratic
Socialism)
What kind of world are we living today in? When we look
around, we find the humanity caught in a race for dominance, territorial
aggrandisement, debt trap, wars and the consequent changing security
environment. In particular, three wars have disrupted the international
political system, to be precise equations and crippled the economies. I am
referring to the on-going wars in Ukraine, Gaza, and Covid 19. The last one
immobilised the whole world without a bullet fired. Where does India position
herself in this turbulent world?
The struggle for dominance by a few countries over the
others has been witnessed over the last 350years. The few countries, call them
big actors orhegemons,walled themselves collectively against the rest of the
world at the macro-level on the one hand.And on the other, at the micro level,
they pitched themselvesagainst eachother to advance their national ambitions,
and to establish their own hegemonyamong the hegemons.
For three centuries, Europe was the home of such
hegemons. While each of them was constantly trying to establish its dominance
over others in Europe through wars and conquests, together, they tried to
spread their tentacles across the world for dominance, by building separate
imperial structures under them. Through the process of colonialism, they had
set up an exploitative world structure, whereby the resources from other parts
of the world flowed into the European metropolises. After the second world war,
the hegemonic influence shifted out of Europe to the United States, and the Soviet
Union which became two super powers.
Following the second world war, the cold war exhausted
the Soviet Union, and eventually, the Soviet empire collapsed causing its
components to break free. The fall was driven by two main reasons – the SovietUnion
had siphoned offmuch of its resources for military purposes in the arms race
against the United States. Second, the communist dictatorship had suffocated
its citizens and hollowed out of its resources on military misadventures,
taking the country to a point of logjam. That condition called for introduction
of glasnost and perestroika. The rest is history.
At the same time, during the cold war, the west–the United
States and Europe propped up China as a counterweight to the Soviet Union. Now
China is flexing its muscles to replace Rusia as the second supreme power, or
further, Beijing seeks to be the numero uno power in the world by reclaiming
its old empire. It is a question of time,however, the Chinese autocratic state
or its imperial ambitions would meet the same fate of as that of Soviet Union.
In the age of constant pursuit of individual and national freedom, and the
right to self-determination, dictatorship and imperialism will not survive the
popular resistance.
On territorial expansionism, a few countries suffer
from an unsatiated appetite, and others are unable to settle their disputes or reconcile
the legitimate claims of others. China leads the pack on grabbing others’
territories. Russia is trying perhaps to reconstitute the Soviet Union by annexing
other countries’ territories. The wars it has been engaging in including the
on-going Ukrainian war is the evidence of such desire. Even the war in Gaza,
and tensions elsewhere are the stories of territorial disputes.
A sinister strategy was being quietly followed to
coerce many countries to embrace globalisation, that was in a way, meant to
slide them into a debt trip. The lending institutions like the IMF and the
World Bank, at the behest of hegemons, attached many loaded stipulations like
export orientation, import liberalisation, privatisation and so on. Experiences
showed that countries which have undiscerningly followed IMF-World Bank prescription,
have come to grief, as the economies of Latin America and South East Asia. Now
China is deviously deploying the debt-trap through BRI and depleting the
economics of receiving counties. The economic conditions of Nepal, Sri Lanka
and Pakistan in our neighbourhood testify to the vicious Chinese scheme.
For four-and-a-half decades, after the second world
war, the global security environment was marked by the cold war and blockpolitics.
A deterrent strategy, bipolarity and the arms race were its main features.Both
the super powers avoided a direct military confrontation although they engaged
in many proxy wars across the globe. With the collapse of one super power, the
United States assumed the role of the policeman and launched several assaults
across the world. Even Russia, under Putin’s dictatorship and design mentioned
above, engaged in conflicts with its neighbours including unleashing a
full-scale war against Ukraine. The war in Gaza has its own special history.
Moreover, the Chinese imperial ambitionsmake the security scenario precarious.
In view of these changing international relations what
could be the Indian imperatives? India, under the first Prime Minister
Jawaharlal Nehru had its “tryst with destiny” in 1947with a certain vision. But
that vision was soon derailed by some ill-conceived and naïve decisions taken
by Nehru himself. The manner in which he handled the Kashmir issue in 1948, the
Chinese annexation of Tibet in 1958, the war with China in 1962, the utopian
concept of non-alignment, UNSC membership, and nuclearissue. The consequences
of such decisions have been detrimental to our economic conditions and security
situation.
India needs to build a strong economy marked by
self-reliance, full employment, a welfare state system, strategic alliances and
so on. In particular, in foreign policy, New Delhi needs to have robust strategies
to contain China and thwart Pakistan. New Delhi needs to pool the destiny
inSouth Asia with smarter neighbourhood policy. An essential pre-condition for
any country to sustain peace, progress and stability is to preserve a peaceful
environment in and around it. That is a fundamental existential reality.---INFA
(Copyright, India News & Feature Alliance)
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RIGHT MEN IN RIGHT PLACES, By Inder Jit, 9 November 2023 |
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REWIND
New Delhi, 9 November
2023
RIGHT MEN IN RIGHT PLACES
By Inder Jit
(Released on 20 April 1982)
Lusty cheers greeted
the Supreme Court’s recent decision on the controversial West Bengal poll. This
is as it should have been. The Supreme Court’s verdict is of fundamental
importance to the future of India’s democracy. It is also in accordance with
the wise decision taken by Nehru and the founding fathers of the Constitution
to keep the electoral process out of the jurisdiction of the courts. Nehru was
clear and said in so many words: “We have thousands of courts all over the
country. If they are allowed to intervene there will be no end to writs. We
will then have to say good-bye elections.” But in all this recent excitement
the Election Commission, which deserves even louder applause, has largely been
forgotten. The BJP alone has offered kudos to the Commission for its “correct
stand.” As one who has followed political developments in New Delhi over the
past three decades, I have not the slightest doubt that there would be no
mini-general election today if the Chief Election Commissioner, Mr S.L. Shakdher,
had not upheld the Commission’s independence and taken effective steps to
assert it.
Congress (I) men today
accuse the Election Commission of partisanship. The Commission they feel, has
favoured the Left Front Government, headed by Mr Jyoti Basu. But they forget
two things. First, Mr Jyoti Basu himself denounced the Commission last year as
a “stooge” and an “agent” of the Congress (I). This happened when the
Commission postponed some by-elections in West Bengal last year by a month
following complaints about defective rolls and decided to hold the poll
according to a common programme with other states in June. The Congress (I)
then complimented the Commission. Second, Mrs Gandhi acknowledged the Election
Commission’s independence in the Lok Sabha on March 1. The Opposition, she
said, had hailed the Commission’s decision last June to countermand the Garhwal
by-election to the Lok Sabha as “truly democratic.” Yet the same Opposition had
shouted hoarse about the “danger to democracy” when the Commission postponed
the repoll in November last. “Does this mean,” she asked, “that democracy is
only when the Commission’s decisions go in favour of the Opposition parties.”
The West Bengal affair
reflects a trend against which I wrote as follows in my Republic Day piece:
“The very basis of democracy is being increasingly undermined. Democracy means
rule of the people, by the people and for the people. This is made possible
through time-bound elections which are free, fair and without fear. Yet there
is an increasing tendency today in the ruling party to avoid inconvenient
elections... Garhwal stands out as a bad example...” No stone was left unturned
by the Congress (I) to somehow postpone the elections to the West Bengal
Assembly beyond June 24 when its five-year term is due to end, and bring the
State under President’s rule. To begin with, the bogey of bogus rolls was
sought to be raised. Mrs Gandhi herself went to the extent of stating at a
public meeting in West Bengal that 30 per cent of the electoral rolls were fudged.
Subsequently, as we are all aware, the Congress (I) sought to block the poll on
the plea of eight lakh complaints first through the Election Commission and
then the Calcutta High Court.
Yet in all this
exercise the Congress (I) conveniently slurred over three basic facts. First,
the Commission sought to be indicted in the High Court had got the State’s
electoral rolls revised in 1979 after a gap of 15 years! (MrShakdher took over
as Chief Election Commissioner in June 18, 1977.) Second, the rolls were
revised again summarily in 1980 and intensively by December 31, 1981. Third,
these were summarily revised afresh early this year. Not only that. The
eight-lakh complaints were submitted by the Congress (I) as mere lists, many
not even signed. None of the petitioners before the Calcutta High Court
complained that his name was not on the rolls. Worse. Not one affidavit was
filed on behalf of eight lakh complainants before the court --- the unrivalled
record. Further, the complaint filed by Mr Ajit Panja, a lawyer and former
Congress (I) chief in West Bengal, was also unsigned. Interestingly, Mr Panja
loudly protested that 30,000 names had been wrongly deleted from the rolls of
his Assembly constituency of Bartola. However, he came forward with an amending
list of only 3,000 names!
An equally interesting
story hangs by the manner in which the lists of eight-lakh complainants are
said to have been drawn up. Some smart Alecs of the Congress (I) appear to have
decided to draw up the lists on the basis of a broad blind-shooting formula
designed to produce a large list of complainants without much effort. Under the
formula, the names of three categories of persons were mainly included in the
list. First, all those shown on the rolls to be 70 years of age and more. This
was done on the plea that they were now dead and gone. Second, all those who
were 21 years old on the ground that they could be presumed to be still minor.
Third, all unmarried women in the age-group of 21 and 25. This, it was argued,
could be done on the ground that they were now married and no longer in their
place of original residence. The Commission’s Secretary, Mr Ganesan, and his
team discovered this during spot checking in five districts. At one house, Mr
Ganesan asked: “Is this lady dead?” The lady smiled and said: “I am very much
alive.” Then she added after a pause: “Can I offer you tea --- provided you are
willing to take it from a ghost!”
Clearly, the Congress (I) was hell-bent on getting the West
Bengal poll postponed and President’s rule imposed. The eight-lakh complaints
were part of the overall strategy of creating basic doubts about the rolls. Mrs
Gandhi’s statement that 30 per cent of the rolls were bogus was not based on
any solid information. Asked by newsmen later as to the basis for her
allegation, Mrs Gandhi replied: “I was told so.” True Mrs Gandhi did declare
publicly that she would not topple the Jyoti Basu Government and impose
President’s rule. But then she was aware of two things. First, any toppling of
the Jyoti Basu Government would have been counter-productive. Second, leading
Congress (I) men in the State, including Mr A.K. Sen, were confident of
achieving the same end by somehow getting the poll postponed beyond June 1982.
Consequently, in the overall stratagem facts became less important than
fiction. But in the exercise, the Congress (I) reckoned without the Supreme
Court and the statutory authority vested in the Election Commission to function
independently.
In fact, veteran
parliamentarians have complimented the Commission for not only asserting its
independence but energetically backing this up with meaningful action. The
Commission was, for instance, not required to go to the Supreme Court. It could
easily have left it to the Congress (I) and the Marxists in West Bengal to
fight it out. Instead, it realised its own responsibility in ensuring a free
and fair poll and not allowing any party or authority, howsoever powerful, to
undermine the basic scheme of things under the Constitution. Its 35-page
affidavit before the Supreme Court made matters crystal clear. Even as the
Supreme Court was busy hearing the case it went ahead with poll preparations
and, to the surprise of expert published the final rolls just a day after the
Court’s verdict. It could have easily taken two weeks or more for the purpose.
But Commission was anxious to have the election at the earliest and proposed
May 9 for the poll. However, this was changed to May 19 when Calcutta asked for
a little more time.
Happily, the Election
Commission has been exercising its authority under the Constitution to
superintend, direct and control the conduct of elections. It gave the U.P.
Government ample opportunity to propose fresh dates for the repoll in Garhwal.
When Lucknow failed to “play ball”, to quote one authority, the Commission was
left with no choice but to virtually direct that the poll be held on May 19
together with the elections elsewhere. Unknown to most people, the West Bengal
Government found itself ticked off by the Commission on several occasions when
it did not have or tried to treat the Chief Electoral Officer as its own
subordinate. (The Chief Electoral Officers are expected to be responsible only
to the Commission. But this does not happen in practice leading to another
issue and several suggestions. The Commission would be happy to have a CEO
cadre of its own.) The present Commission, it may be recalled, was the first to
order intensive revision of the rolls in Assam in May-June 1979 for the Lok
Sabha by-election from Mangaldoi following complaints. Significantly, over
45,000 foreigners were detected on the rolls in one parliamentary constituency
alone!
The Commission has
asserted its sturdy independence in several other cases too. Of interest is the
recent re-election to the Rajya Sabha of the BJP leader, Mr L.K. Advani, last
month. Not many know that he almost missed the boat because of a manoeuvre by
some Congress (I) supporters but for a timely eleventh-hour decision by the
Election Commission. In August last, Mr Advani changed his residence from
Gujarat to Gwalior in Madhya Pradesh, manifestly to ensure his re-election. He
was registered as a voter in September by the present Electoral Registration
Officer. The name was also incorporated in the rolls early this year following
summary revision. But on March 9 ten days before the filing of nominations on
March 19 --- two persons challenged his registration. The Registration Officer
thereupon pasted a notice at the house of Mr Advani’s sister on the evening of
March 12 asking him to show cause by March 16 why his name should not be struck
off. March 13 and 14 were closed days. Advani, then busy with Parliament in
Delhi, soon rushed to Gwalior and on March 15 filed a writ before the Gwalior
bench of the Madhya Pradesh High Court on the plea of mala fide intention. He
also moved the Election Commission simultaneously. The High Court and the
Commission gave him stay the same day. On March 18, the Chief Election
Commissioner heard the case and directed the Registration Officer “not to
proceed in the matter.”
What does all this add
up to? The Election Commission and, more specifically,
the Chief Election Commissioner, MrShakdher, has acted over the years in
accordance with the letter and spirit of the Constitution. The Commission’s
independence is vital for the health of our democracy --- a factor emphasised
in recent years by Jaya Prakash Narayan. In fact, JP feared that a one-man
Commission was liable to be pressurised easily and he, therefore, expressed
himself in favour of a three-man Commission. Theoretically, a three-man
Commission does appear to be a better proposition. But some experts doubt if
such a Commission could have acted as decisively and promptly as done by the
present Commission in the West Bengal and other cases. The question deserves the
nation’s attention especially as this high office will fall vacant on June 18
when MrShakdher, 63, is due to retire. The rules framed by the Government
provide for a Chief Election Commissioner to retire at the age of 65 or at the
end of a 5-year tenure, whichever is earlier. In the final analysis, one thing
alone is clear, India’s Constitution is basically sound. What we need is right
men in right places. --- INFA
(Copyright,
India News and Feature Alliance)
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