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Bypassing Parliament:LID OFF MURKY MANOEUVRES, by Poonam I Kaushish,23 September 2003 Print E-mail

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)


Time To Disband:SHED TEARS FOR PARLIAMENT, by Poonam I. Kaushish, 21 May 2002 Print E-mail

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)

India’s Declining Parliament:NEW SPEAKER, NEW CHAPTER?,by Poonam I. Kaushish, 14 May 2002 Print E-mail

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)

The Siege Within:PARLIAMENT IS NOT ZERO HOUR,by Poonam I. Kaushish,25 March 2002 Print E-mail

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)

 

Water Management:NEED FOR NATIONAL POLICY, by Dr. Vinod Mehta,1 April 2008 Print E-mail

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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