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Open Forum
Bypassing Parliament:LID OFF MURKY MANOEUVRES, by Poonam I Kaushish,23 September 2003 |
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New Delhi, 23 September 2003
Bypassing
Parliament
LID OFF MURKY MANOEUVRES
By Poonam I Kaushish
The BJP-led NDA Government at the Centre fell flat on its face
Tuesday last. It has none to blame but itself for the sharp rap it earned from
the Supreme Court. For bypassing Parliament by unilaterally deciding to
disinvest in two blue chip oil companies, ignoring legal requirements. Creating
yet another sticky mess.
As I watch the powers-that-be squirm over their monumental Constitutional
blunder, my thoughts go back to my weekly Political Diary of 7 January entitled:
Summon Attorney General, Can Parliament Be Bypassed? I had then stated: “Can
the HPCL and BPCL be disinvested by an executive order or does it require the
clearance of Parliament. It must seek such
clarifications as are deemed necessary.
Finally, it must ensure that India’s sovereign Parliament is not
bypassed by the Executive. The basic
structure of our Constitution is at stake.”
The column was dismissed as inconsequential and the ranting
of a wet blanket. Today the tables are
turned. I sit back and preen: I told you so.
Don’t misread, the issue is not disinvestment of public sector
understandings, nor is it of selling the family silver to buy groceries in the
garb of economic reforms. But a more
serious and pertinent point which has put a big question mark on our fledgling
democracy. Namely the Government’s brazen and blatant attempt to derail
Parliament. Forgetting that the temple
of democracy is the bedrock of our nation State. It represents the people and is
ultimately answerable as the sovereign watchdog of the national interest. Constitutionally,
the Executive is responsible to Parliament. Nothing less, nothing more.
For reasons best known to it, the NDA Government chose to
ignore this basic premise. Instead of being transparent in its disinvestment
policy it went out of its way to obfuscate the issue. Perhaps it believed in
its infallibility as it set out on a suicidal course by turning the
Constitution on its head. Reminding one of what Hitler, the enfant terrible of World War II, reduced
Germany
to. History tells us that the Constitution of the then Weimar Republic
was hailed as the most democratic in the world. However, showing little respect
for the written word Hitler made it worthless. He misinterpreted and subverted
the Statute to become a dictator. The moot point is: Are our leaders set on a
similar course? Are they out to destroy Parliament?
Its actions smack of it. The Supreme Court is certainly not
pleased. A two-member Bench comprising Justices S. Rajendra Babu and G.P. Mathur
put on hold disinvestment of Hindustan Petroleum Corporation Ltd (HPCL) and Bharat
Petroleum Corporation Ltd (BPCL), asking the Government to obtain Parliamentary
approval for the sale of the Government’s stake in the two companies. Citing
Section 7 of the Esso (Acquisition of Undertaking in India) Act 1974, the
Supreme Court told the Government that there was no way it could sell BPCL and
HPCL without “appropriately amending” this provision.
Section 7 states that the Centre can only transfer acquired
oil companies to Government companies meaning in which the Government has at
least a 51 per cent stake. It was under
this provision that the Centre transferred the assets of the multinational oil
companies (Caltex, Esso and Burmah Shell) to HPCL and BPCL, formed then under
the Companies Act, in 1976. The Court
further clarified that its verdict was not a reflection on the disinvestment
policy, but was limited to the Centre’s powers to disinvest without repealing
or amending the laws concerned. Plainly put, the Centre had transgressed on
Parliament’s right to legislate
Predictably, the Government is busy covering its tracks even
as its spin doctors go about clouding the issue. Disinvestment Minister Arun
Shourie admitted that the judgment had made the entire process of disinvestment
“infinitely more complex”. Questioning the ruling of the Bench, Shourie
asserted that the ruling for prior Parliamentary approval would reopen the
disinvestment process in Government companies since 1991. Interestingly, the
Minister cited the case of Maruti Udyog’s privatisation which too was formed by
an Act of Parliament. Was he suggesting that the Court should have done the
same vis-à-vis HPCL and BPCL. Do two wrongs make a right? Clearly the Minister’s statement is misleading. Luckily for the Minister,
the Maruti issue was not raised in the Court unlike in the case of the oil
majors where the Oil Sector Officers Association and the Centre for Public
Interest Litigation petitioned the Court.
Senior NDA leaders hold the Attorney General, Soli Sorabjee,
responsible for the egg on its face. Recall the Government had gone ahead with
the sale after Sorabjee had advised that an executive decision would suffice
and there was no need to get Parliament’s approval. But the man in the eye of
the storm is brazen in his response to the Apex Court’s decision. Said he: “Before
giving my opinion I had examined the provisions of the Act…..had gone through
other acts and concluded there was no need for prior approval….the Supreme
Court has taken the view focusing on the preamble of the Act.” Arguably, since
the purpose was in the preamble and not in the Act, the Act itself made it
clear that the assets of these acquired companies will vest in the Central
Government or “Government Company”.
Sorabjee seems to
forget that as the “constitutional conscience of the nation” he is expected to
take into account not just legal issues, but also the larger issues of the Executive’s
accountability to Parliament. An Attorney General’s opinion can never override democracy.
Not only that. As the nation’s first law officer, not only does he give his
opinion on file but enjoys the same rights as a Minister to speak in
Parliament, even make a suo moto statement. Article 88 is explicit. Sorabjee
should have exercised his right to address at least the Lok Sabha to clarify
his advice or interpretation on this crucial matter. Clearly, it was upto him
to leave no scope for any doubt or wrong interpretation or any false claim by
the Government.
Compounding his mistake, Sorabjee added: “No human being can
claim infallibility, neither a lawyer nor a judge, when it comes to the
statutes”. True nobody is infallible, precisely the reason why he should have
taken the nation into confidence. The least one expected was some humility.
Instead, crass and frivolous incidentals are touted as justification. The
judges spent only an hour on the case of far-reaching importance. What has the
quantum of time spent to do with the quality of judgment?
Sadly, the Opposition, which is now going to town by using
the issue as electoral fodder, is equally to blame. Why did it not demand that
the Attorney General be summoned before Parliament? Today to assert that the
Government exercised powers that it did not possess is a classical example of locking
the stable door after the horse has bolted. It has failed in its duty to keep
the Government on its toes, leaving the field wide open for the Government to
ride rough shod over healthy conventions and do as it pleases. Good or bad does
not seem to matter. Distressingly, our Right Honourables seem to have little
knowledge or interest in the functioning of Parliament and even less about the
Constitution. Thus Parliament has been largely reduced to being sovereign only
in name.
What next? It is high time the Government came transparently
clean on the disinvestment of the oil giants. It is simply not enough for the
Government to secure the opinion of the AG merely on a file. It cannot do what
it likes without engaging Parliament. The Opposition must demand and insist
that the AG comes before Parliament and not only makes a clean breast of it all
but is also available to the MPs for clarifications. Just as the judgment has taken
the lid off the murky under-dealings in the corridors of power. It has opened
the eyes of the people and exposed the way they treat Parliament, aptly
described by Nehru as the high temple of democracy. Contempt not credibility
has become its swan song. How long will we allow our leaders to play ducks and
drakes with Parliament and, indeed, with democracy itself! ------INFA
(Copyright,
India News & Feature Alliance)
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Time To Disband:SHED TEARS FOR PARLIAMENT, by Poonam I. Kaushish, 21 May 2002 |
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New Delhi, 21 May 2002
Time
To Disband
SHED
TEARS FOR PARLIAMENT
By Poonam I. Kaushish
Tunde ke Kebab and Gilafi Kulcha of Lucknow, Tandoori
Jheenga and Amritsari machchi, Hyderabadi Dam ki Biryani, Bhunna Paneer, Natun
Gurhey Rosogulley of Kolkata and Dandiwale Kulfi of Delhi. Some items from a 14-page menu in red and
gold colour to tickle the taste buds as seldom before. A feast worthy of Kings? Or, the banquet of a
crorepati? A big ‘no’. This was the
spread for our jan sevak Parliamentarians. And why not? After all, our netagan
today are no less than the erstwhile
Rajas and Maharajas, if not one better.
The occasion was to celebrate Parliament’s golden jubilee at
the spanking new Library Wing on the evening of May 13 last. If one was looking
forward to some introspection, a little bit of soul searching, of how the legacy of our great leaders is today
replete with criminals, scams and systems failure, one was sadly mistaken.
True, there were a plethora of syrupy speeches, by Prime Minister Vajpayee, Leader
of the Opposition Sonia Gandhi, Lok Sabha Speaker and some others. All called
for unity and urged higher morals in public life. (sic) But this solemn occasion will be remembered
mostly only for the grand feast that followed!
If this is unpalatable, worse follows. Only around 200 of
the 745 MPs showed up! The President of India, who constitutes our Parliament
alongwith the Lok Sabha and the Rajya Sabha was greatly missed. Instead of being a national celebration of the
people, the function bore no more than the “stamp” of the Parliamentary Affairs
Minister, Pramod Mahajan. More,
Vajpayee, Sonia and few others ate their meal on tables laid out in the
air-conditioned environs of the banquet hall. Unlike Nehru, Indira Gandhi or
Rajiv who would have surely joined the
hoi-polloi – the MPs queuing up for the delicacies on the lawns. Exposing how
“caste ridden”, and ego-centric our rulers have become.
Indeed, Parliament has changed greatly since the Nehru era.
The first Prime Minister’s respect for Parliament as an institution was as
deep-rooted as his faith in the democratic process.
Parliament symbolized for him the power of the people and he was always zealous
in guarding its dignity. In distressing
contrast to the approach and outlook of many among the powers that- be at
present, as well as during the past three decades.
Today, the voice of the masses
has turned into an invoice for themselves – money, power and kursi. The sound
and fury largely generated for self gain has replaced law making. Mockery is
made of established conventions and procedures. Thus, Parliament has declined
sadly and come to mean less and less in national governance. Remaining sovereign only
in name. Spotlighting the basic contempt that our netagan have for the
high temple of democracy.
The sceptics who harbour any doubts had only to witness the just-concluded budget session of the Thirteenth Lok Sabha. Wherein the
sanctum sanctorum of India’s
democracy was defiled to zero. Indeed, this
session will go down in
Parliament’s “notorious” history as having been for Gujarat, Gujarat and more Gujarat. Shockingly, for the first time in India’s
parliamentary history, the Lok Sabha had to be adjourned for lack of quorum
when the Finance Bill was to be discussed
and passed. Never mind that debate
and discussion of the budget and of
the proposal taxes is the basic requirement of any democracy.
Not just that.
Earlier, out of the three Ministries earmarked for the discussion of their demands for grants – Agriculture,
External Affairs and Defence, only the first was given just a quick glance. The
other two, like all others, were merrily guillotined. The Railway Budget was passed in a record five minutes. Arguably, why should
our pampered Hon’bles lose their sleep? After all, it is only the common man
who has to bear the brunt of rising prices and inflation. Not those who thrive
on subsidies and deficits. Why bother
about the mundane business of the
House?
The BJP heaved a sigh of relief at the end of the session
even as it tom tommed its intentions. The Opposition glowed in the aftermath of
muscle-flexing. The Congress felt
outwitted and accused the BJP of turning Parliament into an arena to massage its much bruised ego. Reflecting the abysmal
depths to which politics has sunk in our country. All that transpired --
blockades, lung-power and unabashed opportunism –- will be remembered as the
lowest denominator in our Parliamentary
democracy, when national interests were mindlessly
sacrificed at the alter of power. Thus inflicting a great damage on democracy.
The figures speak for themselves. Parliament is spending less and less
time on lawmaking. The first Lok Sabha spent 49.80 per cent of its time on
enacting legislation. This came down sharply to 17.38 per cent for the Tenth
Lok Sabha. The actual time spent is certain to be markedly less. The maximum time was spent on “other matters” or
unlisted issues. Compare this to a
mere four per cent by the first Lok Sabha. The tragedy becomes stark when one
realizes that every minute lost in Parliament costs Rs 2 lakhs.
Importantly, the Question Hour, more than any other time,
serves as a barometer of governmental performance at the macro level and a
Minister’s effectiveness at the
micro level. It provides for daily and continuing accountability of Government
to Parliament. Wherein the Government through its Ministers is forced to answer
questions. It is thus the most powerful weapon available to the Opposition to
keep the Government on a tight leash. However, our MPs treat this hour very
casually. Inconvenient questions are avoided and, on occasions, obliging
questioners persuaded to stay away. Moreover, the answers leave much to be
desired. They are wishy washy and evasive. In fact, a sheer waste of time,
often justifying angry clashes.
During G.V. Mavalankar’s
tenure as the Lok Sabha’s first
Speaker, some 12 questions or more were
taken up in sixty minutes. Shockingly,
only two or three questions are
taken up these days. At times a question goes on and on for some 40 minutes.
More often than not a question gets converted in to a short notice discussion or a no-day—yet-named motion. Nehru made it a point to be present every day
during the Question Hour. It provided him
an excellent feedback about his
Ministers and the state of the nation. Unfortunately, Prime Minister
Vajpayee prefers to be laid back, turning up only on Wednesday, when his
questions are listed.
From question-time onwards, it’s a steady down hill. Zero
Hour has been converted into a glorified Rule 377, wherein MPs can raise issues
without the Government being obliged to reply. More often MPs use this Hour to
score brownie points and catch the
headlines. Last week, the power and
water crisis stalking the country was drowned in the hullabaloo over BJP’s
Gujarat and Ayodhya versus the 1984 Sikh killing during the Congress regime. The less
said about the attendance during the afternoons
the better. There are barely two score MPs present at any time. Most
among them sit in the House for their
post-lunch siesta. [ A time-honoured convention of the House of Commons
permits members to sleep so long as they do not snore and disturb!]
On the last day of the session
when the House discussed the barbaric
Kalucha killings, only about 35 MPs were present in the House during
the first two hours after a curtailed
lunch break. For more than an hour none of the top four – Vajpayee,
Advani, Jaswant Singh or George Fernandes were present! In sharp contrast,
J&K’s Chief Minister, Farooq Abdullah, sat glued to his seat in the
Distinguished visitor’s Gallery throughout the debate.
Clearly, it is time to give serious thought to rectifying
the flaws in our system and urgently overhauling it. Rules have to be
drastically changed to put Parliament back on the rails and ensure that none
can hold the two Houses to ransom. First and foremost, we have to draw a lakshman
rekha. Are we for democracy as a
civilized form of Government or are we
for what the former President Giri once described as a “democracy” of
devils and fixers. How long are we going to mortage our conscience to unabashed
gimmickry and goondaism? How long are we going to allow myopic partisan
politics to recklessly paralyse
Parliament? Must we stand as mute spectators while Parliament gets vandalized
by our jan sevaks.
The answer is a resounding no. We cannot go on seeing the slow but sure
destruction of Parliament. If the netagan are not willing to remedy matters,
the public may feel constrained to take
the law into its own hands. Either way,
it is time for all to shed tears for India’s high temple of democracy. Enough
is enough!—INFA
(Copyright, India News & Feature
Alliance)
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India’s Declining Parliament:NEW SPEAKER, NEW CHAPTER?,by Poonam I. Kaushish, 14 May 2002 |
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New Delhi, 14 May 2002
India’s
Declining Parliament
NEW SPEAKER, NEW CHAPTER?
By Poonam I. Kaushish
Yesterday’s Masterji of Mumbai’s “Kohinoor Tutorials” is
today’s Speaker of the Lok Sabha. Thus disclosed Prime Minister Atal Behari
Vajpayee in lighter vein as he offered his bouquets to Manohar Joshi after the
latter had been unanimously elected as the Speaker and escorted to his high
seat. He said: “I have been told that at every bus stand in Mumbai there is a
signboard of Kohinoor Tutorials. I wonder whether these institutions have
opened according to the bus stops or whether the bus stops have opened
according to the institutions!”
The Lok Sabha is surely no bus stop. But Mumbai’s Kohinoor has become synonymous
today with the Kohinoor of India’s democracy: Parliament. From the seat of tutorials to the throne of
Vikramaditya, as Vajpayee put it, is
indeed a long way. However, one hopes
that this will inspire the tutorialist in Manohar Joshi to open a new chapter
in Parliament well and truly. Specially in its golden jubilee year when
Parliament has reached its nadir and its reputation is in shreds. Thus making
the Speaker’s role more critical and challenging than ever before.
From all accounts, Joshi, a first timer in the Lok Sabha is
a gentleman who brings with him an impressive record of 32 years of public
service -- first as the creator of a chain of tutorial schools in Maharashtra,
thereafter as a Municipal Corporator, Mayor, MLA, Minister, Leader of the
Opposition and Chief Minister of Maharashtra and, finally, as Union Cabinet
Minister of Heavy Industries until his election as the Speaker. No doubt, handling difficult students became
his second nature. But the honourables MPs are an entirely different
kettle of fish.
More so as the challenges that confront the nation have
increased manifold. The country is today in the throes of increasing social and
economic tensions. In addition, there are
forces within and without eager to destabilise India and disrupt its unity and
integrity. This calls for reasoned debate. Instead even small Opposition groups
have prevented discussion by holding the House to ransom repeatedly. Not a few
members have made it a habit of rushing into the well of the House. Where
politically motivated bashing has become the order of the day and agenda a
luxury to be taken up only when the lung power is exhausted. All spew sheer
contempt on Parliament and its relevance and dignity.
We take great pride in calling ourselves the world’s largest
democracy. Yet most of us forget that parliamentary democracy provides for a
civilized form of government based on discussion, debate and consensus.
Ruthless politics has taken over and discussions and debates have largely lost
their meaning. Numbers alone matter and have become the sole criteria of
success. Shockingly, for the first time in India’s Parliamentary history, the
Lok Sabha had to be adjourned last month
for lack of quorum when the Finance Bill was due to be passed.
In this milieu, the Speaker’s role has become all the more
important and demanding. Few in India, however,
appreciate even today the key role of the Speaker without whom, according to Erskine May, “the House has no
Constitutional existence.” Jawaharlal Nehru repeatedly emphasised the
importance of the office of the Speaker and laid emphasis on its prestige and
authority. Said he in 1958: “The Speaker represents the House. He represents
the dignity of the House, the freedom and liberty. Therefore, it is right that
his should be an honoured position, a free position and should be occupied
always by men of outstanding ability and impartiality.”
Nehru as the leader of the House encouraged by his own
conduct the Chair to be independent and impartial. Elders recall how Nehru once
clashed with Speaker Mavalankar on the floor of the Lok Sabha when the latter
disallowed him from making a second statement in one day in contravention of
the rules. Nehru agitatedly argued: “But Mr Speaker Sir…..” However, he soon
resumed his seat as the Speaker asserted: “Order, order. The Prime Minister
will take his seat!” Incredible as it may seem in today’s India, Mavalankar once allowed an adjournment
motion against Sardar Patel to discuss the escape of Mir Laik Ali, Prime
Minister of Nizam’s Hyderabad from India.
Fortunately, Balasaheb Thackeray as Speaker Joshi’s mentor
and as the leader of the Shiv Sena has acted wisely and urged the latter to
function impartially and independently. This should enable and encourage the
Speaker not only to abstain from active politics and inspire confidence in all
sections of the House, as advocated by Mavalankar. It should also enable him to
restore to Parliament its gravely lost relevance, vigour, vitality and dignity
– and act in India’s
best interest.
Above all,
Speaker Joshi has to put Parliament back on the rails? True there is no magic
remedy. The process has to be slow and long. Nevertheless, a meaningful
beginning could be made if the new Speaker puts an end to brazen rowdyism. The
Chair needs to ensure that the House is
not held to ransom through a ‘gang up’ of MPs determined to disrupt its smooth
functioning. Any member crossing the Lakshman Rekha and rushing into the
well of the House should automatically stand suspended for a week. In fact, this measure was part of a code of
conduct unanimously adopted during the tenure of late Speaker Balayogi. But it
was never enforced.
More. To
conduct the business of the House smoothly, there has to be stern
discipline. Debates have to be made more
meaningful and focused through a strict time schedule. Today, time management
has become a joke. Most Speakers have been much to indulgent, allowing senior
party leaders to speak at will, way beyond their allotted time. Not a few
leaders speak as though they are speaking in a public meeting or a political
rally. Consequently, crucial legislative business meriting in-depth debate gets
rushed through with only a cursory glance. There is no such thing as first,
second and third readings of bills as during Parliament’s golden era under
Nehru.
Not only
that. The demands for grants of various Ministries and Departments, running
into lakhs of crores of rupees are voted without any discussion because time
gets wasted on non-issues. No doubt the Speaker has to walk a tight rope. He
has to ensure among other things that the Opposition has its say even as the
Government has its way. However, he could easily take a leaf out of the book of
the West to save time, wherein the microphone is switched off as soon as a member finishes his allotted time. Winston
Churchill once told his party MPs that ordinary members should endeavour to
make only one point in their speeches.
It is the privilege of Prime Ministers
alone to make two points!
Two other
aspects need urgent attention of Speaker Joshi. First, he must firmly end the
mindless and stupid practice of dispensing with the Question Hour to take up
urgent political issues. The Question Hour is the private members’ hour. It is
the hypen that links the Government to the Legislature and enables the members
to put the Government in the dock and to hold it accountable. To dispense with
the Questions is to oblige the Government and enable it to go scott free!
Second, the
Committee System. It was introduced after much debate to enable Parliament to
exercise more effective control over the Government through in-depth
consideration of the demands for grants of various Ministries. Sadly, our netagan
have so far made a mockery of the exercise. Today there are hardly any serious
takers for the reports of the 17 Standing Committees. Worse, the MPs treat the
“recess period” during the budget session as a holiday.
Additionally,
the leader of the House, the leader of the Opposition and other group leaders
need to extend to the Speaker their full cooperation in enforcing discipline.
Each leader must actively take care of his flock. They must desist from
surreptitiously asking their members to create pandemonium to their prevent
their opponents from speaking. Tumult
and shouting is no substitute for reasoned discussion and debate.
Happily, Speaker Joshi has made it clear that he will firmly
deal with indiscipline. In his first interaction with the media after assuming
office, he noted in reply to a question how the Congress benches had prevented
Defence Minister George Fernandes from speaking in the House time and again.
Appropriately, he asserted that no member should ever be prevented from having his say.
In the final analysis, we can do no better than recall
Churchill’s famous words spelling out his concept of democracy. Said he:
“Democracy, I say, is not based on violence or terrorism, but on reason, on
fair play, on freedom, on respecting the rights of other people.”
Interestingly, Indira Gandhi echoed similar sentiments following the Emergency when she said: “Parliament is a bulwark of
democracy… It has also a very heavy task of keeping an image that will gain it
the faith and respect of the people. Because, if that is lost, then I don’t
know what could happen later.”
That faith and respect requires to be restored and built by
the new Speaker through a new chapter. –INFA
(Copyright, India News & Feature Alliance)
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The Siege Within:PARLIAMENT IS NOT ZERO HOUR,by Poonam I. Kaushish,25 March 2002 |
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New Delhi, 25 March 2002
The Siege Within
PARLIAMENT IS NOT
ZERO HOUR
By Poonam I. Kaushish
A Trishul-wielding mob of 500 breaks through three police
cordons, storms a Vidhan Sabha and goes
on a rampage. They beat up employees, barge into ministers’ rooms, pull down
their name plates, throw out chairs and flower pots and wrench fire
extinguishers off the wall. Punctuating every blow with “Jai Sri Ram” and “Atal
Behari Zindabad”.
The action then shifts to New Delhi. With tempers running high another
group of 500-odd people freely hurl charges at each other. Yell blue murder. Intimidate each other.
Prevent another from speaking. Two men nearly come to blows. Pandemonium, dharna, adjournment and hooliganism are
their hallmark. An equally volatile situation.
Are these scenes from the latest Bollywood terror thriller,
“16 December”? Gripping snippets from Satya
or Shool? Tragically, “No”. They are
live replays of the carnage at the Orissa Assembly on March 16 last and its
rippling effect in Parliament. Welcome
to the harsh reality of the present day politics. Which has reduced the world’s
biggest democracy to the world’s biggest joke.
Crucial weeks to debate and discuss economic issues were
lost in acrimony on the Gujarat carnage and
Ayodhya in the just-concluded first half of the budget session. At the end of it all the BJP heaved a sigh of
relief and tom-tommed its intentions. The Opposition led by the Congress
glowed, in the aftermath of muscle flexing. Reflecting the abysmal depths to
which politics has sunk in the country. All that transpired till date --
unabashed opportunism – will be remembered as the lowest denominator in
Parliamentary democracy.
Is this going to be our basic approach to governance? Is this the way we will run our democracy? Clearly,
the time to mouth accusations and counter-accusations, justifications and
platitudes is far gone. Instead, the rampage and subsequent carnage of the
Orissa Assembly purportedly by the Vishwa Hindu Parishad and Bajrang Dal
activists are defining moments of how these temples of democracy have been desecrated
and vandalized. If it is Orissa today it will be Parliament tomorrow. And the
way things are going the day doesn’t seem to be far.
Justifiably, our Right Honorables are greatly agitated over
this “perversion” by the Sangh Parivar hooligans! Not a few have minced no words
in describing this assault as worse than the 13 December attack on Parliament
and the October 1 assault on the Kashmir Assembly. Those were perpetrated by
Islamic militants. This time it is a siege from within by “patriots” who claim
they will lay down their lives for their motherland. (sic)
Home Minister Advani confessed that he was ashamed by the
incident. Said he, “When Parliament was attacked I felt angry. The attack on
the Orissa Assembly made me feel ashamed.”
Prime Minister Vajpayee at his dramatic best asserted “Agar ye nare bazi sach hai (Vajpayee Zindabad) to main marna pasand
karoonga”.
But the moot point is: Who is to blame? Obviously our netagan. Why did they ignore the warning
signals emitting from Manipur early last year. Recall, when MLA horse-trading
was at its peak in Imphal, disgusted students burnt down portions of the State
Assembly. What makes Orissa more heinous than Manipur? Is it because the former was engineered
reportedly by a faction of the Sangh Parivar, while the latter was creation of
our decrepit polity?
Questionably, does the matter rest with punishment being
meted out to the vandals? Or, affixing blame on intelligence failure? Is
suspension of policemen for dereliction of duty enough? Should we join the Opposition
tirade and mock Chief Minister Patnaik’s BJD for allying with the “communal”
BJP? Aren’t we as a nation missing the wood for the trees? Don’t we know that
criminal politicos rule the roost? That there is neither law nor order.
Why does Orissa 2002 hit the headlines while two earlier
similar incidents in 1964 (attack on the Assembly building during the Students’
agitation) and 1978 (similar attacks during teachers’ strike) didn’t create a
ripple, leave alone rock Parliament.
The answer to all these questions and many more lies in the
devaluation of Parliament over the years. Tragically, the very protectors of this high temple of Parliamentary
democracy have become its denigrators and destroyers. Who cast the first stone
is irrelevant. The onus lies on Parliamentarians of all hue and colour. In their “collective wisdom”, all spewed sheer
contempt on Parliament wittingly or unwittingly. Reducing the grand red sand
stone building into an akhara, where
politically-motivated bashing has become the order of the day and agenda, a
luxury to be taken up only when the lung power is exhausted.
We take great pride in calling ourselves the World’s largest
democracy. But all forget that parliamentary democracy provides for a civilized
form of government. Encompassing discussion, debate and consensus. It is the
duty of the Government to build up a consensus after consultation with the
Opposition.
Alas, over the years with political compulsions dominating
political discourse, discussions and debates have largely lost their meaning as
the numbers game has become the sole criteria of successful Treasury Benches.
The passing of the contentious Prevention of Terrorism Ordinance (POTO) Bill is a case in point. Instead of trying to build a consensus the
Government bulldozed the contentious legislation in the Lok Sabha in a short
span of seven hours.
With defeat of the Bill in the Rajya Sabha, the Government
is due to hold today a joint session of Parliament for a smooth passage. In the 50 years of parliamentary democracy,
this would be the third time that the Government of the day has taken recourse
to this measure. The first was in 1961, when Nehru summoned a joint session to accommodate
honest differences of opinion on the Dowry Prohibition Bill. The Congress did
not issue a party whip. And again in 1978, when Morarji Desai’s Janata Government wanted to scrap a centralized banking service
commission set-up by Indira Gandhi on the lines of the UPSC.
True, there is in no harm in the government of the day
calling for a joint session of Parliament to ensure passage of any legislation.
But it is more an exception than a rule. The earlier two examples pale in
comparison to the motives of the BJP-led NDA government in calling this joint
session. More so as it is the same party
which had opposed Indira Gandhi’s draconian laws during the Emergency and later
Narasimha Rao’s TADA for suppression of a person’s fundamental and
constitutional rights.
Today it has become a prestige issue for the Government.
Advani went so far as to assert that those who were opposed to POTO are with
the terrorists. Given the present sharp schism between the Opposition and
Government and its far-reaching implications for our civil liberties and
constitutional rights. Wouldn’t it have been better for Vajpayee to follow the
example set by Nehru and ask for a conscience vote.
The Government could have explored two other options. One, send the Attorney
General to the Lok Sabha to ally all apprehensions of misuse by the police.
Two, constitute a joint select committee of both the Houses, which the Congress
had suggested, to study the Bill threadbare.
Sadly not only POTO but most Bills are invariably rushed
through, giving a go by to the proper parliamentary procedure. True all go through the motions but do not adhere
to the stipulated three stages for a thorough processing of the Bill. The first
reading is done when the Minister concerned introduces it and explains its
broad parameters and need to do so. Thereafter, the principle of the Bill and its provisions are expected to be discussed
generally during the second reading. At this stage, the Bill can also be referred to a Select Joint
Committee.
The third, final reading of the Bill is done when all
clauses and schedules, if any, have been considered and voted upon by the House.
The Minister can move that the Bill be passed. Old timers recall the time when during discussion on a
Bill there would be battles royal over placement of even a comma in the text of
the Bill. Thakur Das Bhargava, a
district-level lawyer was famous for it during Nehru days.
In the past, the debate on the President’s address would
take at least a week; today it takes merely a day! Worse, fate is meted out to
financial issues, the fundamental requisite of a budget session. It took barely
14 hours to pass the vote on account. That too with many MPs absenting
themselves during the debate. The Railway budget fared no better. Many members
slept through the debate.
Much of the trouble in Parliament and the State Legislature
stems from the desire of the Opposition to catch the headlines by raising “hot”
issues. Members are today showing less and less interest in their main job:
lawmaking (16 per cent). The maximum time is spent on other matters or unlisted
issues, 50 per cent. What is more, the duration of Parliament sessions has
slumped from an average of 200 days a year to 75. True, what is important is
not the total length of time that Parliament meets, but the use to which it is
put. But if the purpose is drowned by lung-power, what’s the use.
Alas, the much-touted code of conduct mooted in November
last has more or less been given a quiet burial. True, MPs now think twice
before rushing into the Well of the House. But the other provisions have been
totally ignored. Our Right Honorables still interrupt proceedings, don’t heed
directions of the Chair, sit on “dharna”et
al. Unlike the practice followed in the House of Commons wherein if a member is
named by the Speaker it amounts to a black mark. In India, our members consider
it a matter of honour!
In sum, over the years with political compulsions dominating
political discourse, our parliamentarians have been gripped by a “chalta hai” attitude. As the 13th
Lok Sabha continues to work, it is high time our MPs give serious thought to
rectifying all the scandalous distortions that have been introduced in our
democratic system and urgently work for a change. They need to honestly search
their souls. For how long will they continue to mortgage their conscience to
unabashed gimmickry and cheap emotion. They must desist from reducing the high
temple of democracy to a joke. Parliament is not the zero hour! – INFA
(Copyright, India News & Feature
Alliance)
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Water Management:NEED FOR NATIONAL POLICY, by Dr. Vinod Mehta,1 April 2008 |
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Economic Highlights
New Delhi, 1 April 2008
Water Management
NEED FOR NATIONAL
POLICY
By Dr. Vinod Mehta
Former Director,
Research, ICSSR
The Meteorological Department has
yet to give its rain forecast for the year.
If the monsoon is normal chances of a good harvest are bright. In effect
it will have a salutary affect on the prices of agricultural products. Thus,
reiterating the fact--our dependence on monsoon for a good harvest. Of the
182.7 million hectares of land used for cultivation, only about 50 million
hectares is currently irrigated, the rest depend entirely on monsoon rains.
Therefore, enlarging the cropped area under assured irrigation is critical for
the economy. However, bringing more land under irrigation will take time.
More than a good monsoon, a larger concern is that the availability
of water in the country is decreasing with every passing day and unless
something is done to conserve water we may be courting trouble, viz population,
agriculture and industry. Various media reports have warned that India, with a
sixth of the world's population, faces a rapidly growing water crisis, both in
urban and rural areas. This includes wasteful practices in water use,
particularly for irrigation, sanitation, water-logging and salinity, and
inadequate access to safe drinking water.
Water crisis, experts caution could
have serious economic and social consequences: “India faces a
turbulent water future. Unless water management practices are changed – and
changed soon – India will face a severe water crisis within the next
two decades and will have neither the cash to build new infrastructure nor
the water needed by its growing economy and rising population,” according to a
World Bank Report.
The unresolved disputes over
water-sharing between Tamil Nadu and Karnataka and among Punjab,
Haryana and Rajasthan are pointers in this direction. At the moment these disputes are dormant
because of a good monsoon last year. But can resurface if there is a bad
monsoon in any year. Water, like land is
limited and its optimum availability cannot be increased to any significant
extent. Therefore, the political leadership of the country needs to rise to the
occasion to tackle the impending water crisis.
Let’s look at some facts first: Fresh
water represents less than 0.5 per cent of the total water on the earth
surface. Rest of the water is either in the form of sea water or locked up in
icecaps or soil. The worldwide consumption of water is doubling every 20 years,
more than twice that of the increase in population.
Water is being used recklessly despite the fact that it is
scarce. A large amount of it is being wasted in agriculture, industry and urban
areas. It is estimated that available technologies along with better practices,
the agricultural water demand could be cut by about 50 per cent and that in
urban areas by about 33 per cent without affecting the quality of life. However,
most governments are not armed with adequate laws or regulations to protect
their water systems.
In most developing countries, fresh
water supply comes in the form of seasonal rains. Such rains do not provide
enough time for efficient use during the monsoon. India, for instance, gets 90 per
cent of its rainfall during the summer monsoon season which lasts from June to
September. For the rest of the months there is hardly any rain. As a result of
the seasonal nature of rain, India
can make use of no more than 20 per cent of its potentially available fresh
water resources.
Moreover, Himalayan glaciers are
said to be receding rapidly and many could melt entirely by 2035. If the giant
Gangotri Glacier that supplies 70 per cent of the Ganges flow during the dry
season disappears, the Ganges would become a
seasonal river--flowing during the rainy season but not summer dry season, when
irrigation water needs are the most.
The per capita availability of
renewable fresh water in the country has fallen drastically over the last 50
years. The water table is rapidly falling with unregulated over exploitation of
groundwater. By 2025 water scarcity in India is expected to be acute and
big dams, mega river-linking projects or privatized water distribution may not
help. Other than rainfall, the two other important sources of water are rivers
and ground water. India
has 14 major, 44 medium and 55 minor river basins. India’s ground water resources are
almost ten times its annual rainfall. Like surface water nearly 85 per cent of
the ground water is used mainly for irrigation.
It is quite obvious that something needs to be done so that the
water problem doesn’t assume alarming proportions. Since we do not have any
control either over monsoon or rivers, the only way to conserve water is
through efficient management of rain and river water. It calls for various
measures in the next two to three years.
It is amazing that in spite of the
fact that we are faced with the problem of growing scarcity of water, we do not
have any national water policy. During drought we dig up many areas
under ‘food for work programme’ for storing rain water during the next monsoon.
Then we come up with ideas like linking of rivers and occasionally we beat our
chest for the falling underground water table. One has been hearing about water
harvesting for several years but not much is known as to how much work has been
done in this area.
It is, therefore, essential that the
country must have a clear-cut water management policy for the next 50 years.
How the river water is to be used and how it is to be diverted from surplus to
water deficient areas must be clearly spelt out. Linking of rivers is a good
idea but before attempting such a course an exercise must be carried out very
carefully to weigh all the pros and cons, because once the rivers have been
inter-linked it may not be possible to undo if we find one day that it is not
working well or has created numerous other problems. Secondly, linking of
rivers will displace millions of people.
How are we going to handle them?
For better water management, we should have a data base for
each district and for each village on the average annual flow of water, number
of wells, ponds, pools, streams etc.
Besides this, there is
an urgent need to change the attitude of people towards the water use. Today people are wasting and polluting large
quantities of water in different ways. The most polluting is the city sewage
and industrial water being discharged into rivers. Currently only about 10 per
cent of the waste water generated is treated. The rest is discharged as it is
into our water bodies. Due to this, pollutants enter ground water and other
water bodies. This water, which ultimately ends up in our household, is often
highly contaminated carrying disease causing microbes.
Water from the agricultural fields that drains into rivers
is another major water pollutant as it contains fertilizers and pesticides. The
effects of water pollution are not only devastating on human beings but also on
animals, fish and birds. Polluted water is unsuitable for drinking, recreation,
agriculture and industry. It diminishes the aesthetic quality of lakes and
rivers. Worse, contaminated water destroys aquatic life and reduces its
re-product ability. Eventually it is health hazard and no one can escape the
affects of water pollution.
Nina Brooks in her paper entitled Imminent water crisis
in India notes: “India’s
water crisis is predominantly a manmade problem. India’s climate is not particularly
dry, nor is it lacking in rivers and groundwater. Extremely poor management,
unclear laws, government corruption, and industrial and human waste have caused
this water supply crunch and rendered what water is available practically
useless due to the huge quantity of pollution. In managing water resources, the
Indian government must balance competing demands between urban and rural, rich
and poor, the economy and the environment.”
Therefore, apart from having a national water policy,
the government along with NGOs and local communities should start a long-term
campaign to educate and sensitize the general public about the need to save
water and stop its pollution. Management
of scarce water should be made a part of the school curriculum.. Children
should be taught the value of conserving water. Let’s tap the young generation.
----INFA
(Copyright,
India News and Feature Alliance)
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