Open Forum

New Delhi, 4 April 2008

Karanataka Elections  

MAYAWATI & MULAYAM KEY PLAYERS

By M D Nalapat

Poor "Humble Farmer" Deve Gowda. After having been lured into breaking up with the BJP with the promise of a partnership with the Congress Party, he was left by the roadside. Former Chief Minister S M Krishna, KPCC chief Mallikarjun Kharge and CM-in-waiting Siddaramaiah prevailed on a vacillating Congress High Command to push for elections, rather than have another Congress-Janata Dal (Secular) coalition.

According to those, who till recently were occupying ministerial chambers in the government in Karnataka, the ornate Vidhana Soudha, Deve Gowda had been convinced by some of the myriad astrologers around him that there was no way he would come back as Prime Minister, were younger son Kumaraswamy to continue as Chief Minister.  Whether such talk of an astrological link to the downfall of Kumaraswamy is accurate or not, the fact remains that Deve Gowda's switch from saffron to "secular" destroyed the credibility of his party as a reliable coalition partner, and made a fresh Assembly election possible.

The Congress leadership saw an opportunity to take away the vote bank of the JD(S) and come back to power in Karnataka on its own. Deve Gowda's minority vote bank has been dented by his alliance with the BJP, while the return of S M Krishna to State politics from the comforts of the Mumbai Raj Bhavan is expected to win over the Vokkaliga votes that otherwise would have gone to Gowda. It is a fact that the US-educated Krishna has been popular, especially among the urban middle class, for his low-key charm and the reasonably effective government that he led

Should the Congress Party emerge as the single largest party in the State Assembly, it would be an easy matter to split the JD(S) enough to form the government. However, in case Deve Gowda wins even 35 seats (or half his earlier tally) and the BJP emerges as the single largest party in the State Assembly once again, the only way the Congress Party would be able to form the government would be through an alliance with him that would be unpopular both with the voters as well as the Congress cadre.

Even if Deve Gowda does not any more insist on getting the Chief Minister's portfolio for the JD(S), and agrees to a Congress CM with elder son Revanna as Deputy Chief Minister, the wily politician from Hassan would dominate the government, the way he did the earlier Congress-JD(S) coalition government headed by Congress leader Dharam Singh. An angry BJP would ensure a constant flow of fireworks gets diverted to the ministry, aided by the known proclivity of the large Deve Gowda clan to bend the system in ways that suit the interests of their friends.

Now well into his 70s, can S M Krishna make enough of a difference to the preferences of the electorate to ensure a humiliating rout for Gowda? For if the JD(S) wins 35 seats or more, Deve Gowda would see to it that Krishna gets prevented from coming as the Chief Minister. He would prefer that a non-Vokkaliga take the job, so as to avoid competition to his present status as the most powerful Vokkaliga chieftain. For Krishna, annihilating the JD(S) is a priority, even more than tackling the BJP

And, Gowda is making things easier for him, by refusing to work out a seat adjustment - thus far - with Sarekoppa Bangarappa, who leads the Samajwadi Party in the State. Although Bangarappa has only a 2 per – 4 per cent vote share across around 40 constituencies in the State, yet in at least 20 of these, the difference made by an alliance with him can enable the SP and the JD(S) to price those seats from the Congress and the BJP. However, Gowda is known for his refusal to make concessions to those wishing to be his allies, as Mulayam Singh is finding out. Were Kumaraswamy to prevail on his father and force an SP-JD(S) alliance, it would also help Gowda to win back the Muslim votes that have now gone to the Congress.

Besides Mulayam Singh, the other force that could destroy the hopes of a return to power by the Congress Party is the Bahujan Samaj Party. In more than 70 constituencies, Dalit votes are crucial, and should that community turn away from Congress in protest at the sidelining of KPCC chief Mallikarjun Kharge by the induction of Krishna, the BSP may make the difference between failure and success for the Congress Party in as many as 38 seats.

An abysmal Congress performance would enable the BJP to come to power on its own in Karnataka. That would be recompense for having been marginalized in Uttar Pradesh by the BSP and the SP. The future of Karnataka politics now hinges on whether the BSP and the SP can expand their support in a State that is tired of the major political parties it has experienced, the Congress, the BJP and the JD(S).---INFA

(Copyright, India News and Feature Alliance)

Open Forum

New Delhi, March 14, 2008

Muslim Community

NEED TO ADRESS BACKWARDNESS

By Dhurjati Mukherjee

Discrimination against the disadvantaged and weaker sections in society has been a serious problem in our country. Though the Constitution provides enough space and good reason to provide social equality, very little has been done. As a result there is growing disparity in society. Thus, it is imperative to evolve a plan of action for improving conditions for the poorer sections, specially those belonging to the minorities. 

It is in this context that the Rajinder Sachar committee report, released last year, has evoked much debate over the social, economic and educational status of Muslims for sometime now. While confirming the backwardness of the community, it has clearly pointed out that Muslims lag behind other religious groups on most development indicators. They were poorer,   illiterate, have access to fewer educational facilities and relatively under- represented in public and private sector jobs. Poverty has thus forced them to live in slums and similar type settlements in urban areas.

With the focus on providing equal opportunity, the report recommends measures such as the setting up of an Equal Opportunity Commission, increase of UGC grants to the community-run schools and colleges, reform of madrasas, their affiliation to higher education boards in States and enhanced participation in governance. The proposed Commission is to be patterned on UK’s Racial Opportunity Commission and is supposed to provide relief to individuals who suffer discrimination. Interestingly, the panel felt that both the National Human Rights Commission and the National Commission for Minorities were not equipped to address the issue.

In effect, the report stressed the need for formulation of appropriate programmes to address the educational and economic backwardness of the community, a statement confirmed by the Prime Minister’s office. It is understood that the Government wanted to have a discussion on the report to evolve a national consensus to improve the conditions of the Muslims. This is necessary at this juncture as the problem is related to backwardness and, as such, incentives need to be given to the community.

The exclusion and marginalization of the Muslim community may be attributed to three compelling reasons. First, it is in the interest of every society to improve economic status of all disadvantaged groups. Second, it’s well-known that high economic growth and inclusion must go hand in hand and that the two cannot be sustained without all sections of society participating. Thirdly, it cannot be denied that this community has been kept out of the process of economic development.

Given the above scenario, the Union Budget has provided a whopping allocation of Rs 1,000 crores for a multi-pronged plan for improving education and entrepreneurship. A development plan for 90 minority concentration districts is in the pipeline worth Rs 3,700 crores of which Rs 540 crores would be for 2008-09. The Centre is also planning to introduce a pre-matric scholarship with Rs 80 crores and a scheme for modernizing madrassa education with Rs 45.45 crores. The corpus for Maulana Azad Education Foundation has been hiked to Rs 60 crores.

In the sphere of education, it is seen that even in urban areas the Muslim boys and girls prefer to go to madrassas, where the quality of education is poor and emphasis is on religious teaching. In comparison, missionary schools set up by the Christians have imparted high quality education despite religious teachings. Moreover, social taboos have prevented Muslim girls from going to schools and colleges, specially in rural areas. In sum, this has increased the backwardness of the community as well as halted its inability to keep pace in this competitive world.

What are the reasons for fewer Muslims going to school?  The reasons could be: schooling is more difficult for them. Over half of the Muslim children in Karnataka, Maharashtra and Andhra Pradesh speak Urdu. While all these States have number of Urdu-medium schools, results in school leaving examinations are dismal. In U.P. and Bihar, they do go to non-Urdu schools but here too standards are dismal. Besides, Muslim families follow occupations that don’t require education and find child labour valuable to fritter away in schools. And, finally there is a sense of discrimination in getting attractive jobs and the Sachar committee received much verbal evidence to this effect.

What is the government’s role to uplift the conditions of minorities? In the past, the government was firm --- backwardness has to be tackled in its totality and cannot be community specific. This is correct and should not be diluted unless really necessary. However, in recent times, the creation of a Ministry of Minority Affairs, the Prime Minister’s 15-pount programme for the welfare of the minorities and the reported decision to allocate 15 per cent in development schemes for minorities as also the present enhanced allocation in the Budget are important signals by the government of its  concern for the minorities.

The 15-point programme can be the basis for spreading education among the Muslims. But the involvement of the community would be vital in upgrading the quality of education in the madrassas. However, the Government has to provide scholarships, textbooks etc. to deserving boys and girls and/or those from the poorer sections within the Muslim community. A Sub-Plan for the socially and educationally backward minorities, better access to modern education and a drive to encourage recruitment in public institutions will help improve the conditions of Muslims in the long run.

Though the Sachar report has stopped short of recommending quota as the prescription for upgrading the conditions of the community, the question of reservation for dalit Muslims has been a long-standing demand that needs to be considered. However, occupation-based caste groups across religious spectrums presently fall in the OBC category. As Arif Mohammed Khan observed that since 1991, OBCs covered under the Mandal Commission “constitutes about 70 per cent of the Muslim population”. The figures produced by the Sachar committee prove that despite reservation available in this (OBC) category, things have not improved for the community. The remedy lies in compulsory universal education for every Indian child, including Muslims. “Modern education will help in not only correcting the present imbalances but will liberate Muslims from obscurantist clergy and communal politics”, Arif has rightly pointed out.     

Regarding employment opportunities, the Sachar report found that Muslims presence in the Government as also the private sector was found to be dismal. It has suggested the need “to sensitize the private sector to go ahead with positive discrimination or positive action” to recruit Muslims more widely and the Finance Minister has assured that “more candidates from minorities will be recruited in CRPF”.

But apart from all these, there is need to generate more social awareness among the Muslim community and this can only become possible through involvement of the educated sections within the community. There is need to restraint Muslim religious leaders who should instead concentrate more on spreading education than on inculcating religious ideas, some of which have lost their significance and value in this age of globalization.

An important suggestion has been that the government should put the money it spends on Haj into modernization and diversification of industries the Muslims are specializing in i.e. fabric, leather, tobacco, auto repair etc. However, it is also important that Muslims must not be looked upon with suspicion by certain sections of society and public institutions but integrated into the mainstream of life and activity.

In implementing the Sachar proposals, the ‘Kerala model’, including the community-based quota in state government jobs is a case worth considering. The progressive political social role played by some Muslim groups, specially the Indian Muslim League (IUML) in Kerala, deserves attention.  The IUML, part of most coalition governments in the state till 1980 when Left, unrealistically branded it a communal party, has shown administrative and political vision to ensure all-round benefits for the community while ensuring that the community remained within the moderate democratic mainstream. Perhaps others could learn from the above--- INFA

(Copyright, India News & Feature Alliance)

OPEN FORUM

New Delhi, 27 March 2008

2009 Election Perspective

WILL CONGRESS, BJP SWAP ROLES?

By T.D. Jagadesan

The new constituency boundaries recently fixed by the Delimitation Commission have without intending to do so liberated the Congress --- and its rivals --- from the phantom of mid-term polls. The eight or so months the Election Commission of India (FCI) will need to graft the changes on to the Lok Sabha map, in effect, means about eight months without the big election.

How will the political parties use the reprieve? Looking at the Congress’s current form, it should sink into further inaction. Even without the mid-term threat, the farthest approximate date of the 15^th General Election is April-May 2009 – just a year away. But so far the Congress has betrayed none of the get-up-go visibility that is there in its rivals. Instead, there is about it a sense of resignation of an approaching defeat --- so much at odds with its status as a ruling party with some achievements to its credit.

Consider the three existing political formations, the Congress-led United Progressive Alliance, the Bharatiya Janata Party-led National Democratic Alliance, and the yet to concretize third alternative. Of the lot, the first looks a loser already and the second a winner already. The third alternative appears placed midway.

In truth, all three are shaky, and have much to thank the Election Commission for. The Congress has a theoretically speaking stable alliance but is so fuzzy about everything --- its programme, its vision, its leader, its achievements and the state of its alliance ---- that it will surprise no one should the winner of 2004 transmogrify into the loser of 2009.

The BJP’s dazzle and show hide the fact that it leads a rump alliance. The third alternative’s possible partners are all very important and high-profile but how, when, and with what common programme? Whether the Samajwadi’s Mulayam Singh-Amar Singh duo, the Telugu Desam’s Chandrababu Naidu, the Indian National Lok Dal’s Om Prakash Chautala and the Left parties will unite is hard to tell.

The BJP, always first into action, and constantly first with propaganda, has leapt ahead of the competition with some deft footwork. The Party revels in the meet the President, meet the Chief Election Commissioner, issue statements, announce yatras, unveil portraits, plan strategy sessions, hold Party meetings, hold NDA meetings et al. No one knows better than its peripatetic leaders how to cram the day with activity.

The BJP and the Congress must have opposite DNA codes. The Congress can barely wake up. The BJP is full of beans. When the latter was just out of power, it plunged heartily into factional fights. Now it is as heartily into cozy togetherness. Indeed, through the time the Congress has been in power, it is the BJP that has hogged the headlines --- first for its many troubles, and lately, for the resolve with which it has fixed the troubles.

Today the Party that fought endlessly has a Prime Ministerial candidate behind whom the cadre stands in apparent solidarity, its leadership is gung ho after winning Gujarat and has the RSS as its moral guardian. Together the package is of a Party driven, united and focused on the 2009 big fight. The new zeal had L.K. Advani asserting recently that his Party would inflict upon the Congress its “worst defeat in history.”

All very impressive but a lot of the buzz is premature, self-created and very BJP like. About a month ago, the Saffron Party spearheaded a meeting of the NDA, which hogged television and print news. And for good reason: The NDA constituents, overcoming their earlier reservations, had unanimously backed Advani for Prime Minister.

The problem was with the accompanying visuals. The NDA that posed with Advani seemed a sadly emaciated version of the NDA that captured over 300 seats in the 1999 Lok Sabha election. Only three alliance partners could be spotted in the picture --- the Akali Dal’s Prakash Singh Badal, the Biju Janata Dal’s Naveen Patnaik and the Janata Dal (United)’s Nitish Kumar.

Some allies like the Shiv Sena, were possibly out of the frame but still in the alliance. Even so, this was a vastly depleted stock compared to the NDA’s 1999 magnificent peak. Not that this little matter stopped the BJP’s beaming spokespersons. They claimed the presence at the meet of “all our allies except Mamata Banerjee” and got away with it, too, judging by the gushy media coverage of the event.

Since 2002, it has seen a virtual exodus from the NDA. Among those that have deserted the BJP are Farooq Abdullah’s National Conference, Chautala’s Indian National Lok Dal, Ram Vilas Paswan’s Lok Jan Shakti, Karunanidhi’s Dravida Munnetra Kazhagam and its State-allies, Ajit Singh’s Rashtriya Lok Dal, Sukh Ram’s Himachal Vikas Congress and the Indian Federal Democratic Party.

The NDA’s outside prop, Chandrababu Naidu’s Telugu Desam has broken away while the Trinamool Congress seems on the verge of quitting the alliance. All this not counting the many one-man State parties that habitually align with the ruling side.

The Congress too has had its share of alliance problems. Chandrasekhar Rao’s Telangana Rashtra Samiti and Vaiko’s MDMK have exited the UPA. Mulayam's Samajwadi and Mayawati’s BSP, which at one time lined up behind the Congress, are as good as not there thanks to the Congress’ constant flip-flop between the two Parties.

Of the rest, Laloo’s Rashtriya Janata Dal, Paswan’s Lok Jan Shakti Party and Karunanidhi’s DMK won the maximum seats they could in the 2004 election. The DMK alliance won 25 of the 25 seats it consented, the RJD – LJP alliance 26 of 34 seats it contested and Sharad Pawar’s NCP is unlikely to be able to repeat its 22 seat tally. Besides, it can just tolerate its senior partner (Congress). The People’s Democratic Party and the Congress are in an equally loveless relationship.

What this adds up to is a delicate coalition held together more by the glue of power than by chemistry and a sense of common purpose. The constituents, with their history of broken commitments and relationships, can head in any direction come 2009.

What should the Congress have done? What can it still do? Many things. First, ensure that the partners have a stake in staying the course. Second, dispel the confusion on the Prime Ministerial question. True, the Opposition needs to declare its Prime Ministerial candidate, not the ruling party. However, a ruling party that might change its leader without evident compulsions calls attention to its incapacity.

Specially, when that possible new leader is a young and untested member of the dynasty, Rahul Gandhi, it also calls attention to the Party’s bankruptcy.  Third, the Grand Dame of Politics needs to hit the streets, go to town on its achievements, re-jig the Party apparatus, send the best leaders there are to the States, and do so unitedly and cohesively.

But look at the Congress record. The UPA has put in place three legislations acclaimed as historic --- the National Rural Employment Guarantee Act (NREGA), the Right to information Act and the Schedule Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act. Each is in force defying internal sabotage. The ownership of the NREGA has moved from the Congress to the Opposition. On the foreign policy front too, the civil nuclear deal with the United States was a coup of sorts that the Congress disowned before the Left parties.

In 2004, Sonia Gandhi stitched up an alliance that went on to win. Today, the Congress cannot spring that surprise. As the ruling party, it must define its record in office. Instead, it is mired in confusion over whether or not to push Rahul Gandhi. Indira Gandhi earned her spurs; Sonia Gandhi has proven her worth. Rahul Gandhi cannot talk meritocracy and rely on aristocracy.

This is where the BJP comes in. The Party suffered a stunning defeat in May 2004, watched the NDA crumble and today has to virtually start from scratch. Yet its motivation seems all the greater for the challenge. Last month, it has re-engaged with the AIADMK leader Jayalalitha. A core team is also prospecting for other allies.

The road is far from easy. Parties such as the TDP, the LJP and the Trinamool Congress need the Muslim vote more than they need the Hindutva party. If the BJP fails, it will not be for want of trying.

The Congress should learn a lesson from the 2004 poll when the BJP’s shrill propaganda led it to a crushing defeat. The Congress then was the tortoise to the BJP’s hare. But today, the slow and steady tortoise must have a strategy to win the race. --- INFA

 (Copyright, India News and Feature Alliance)

Open Forum

New Delhi, 17 March 2008

Politicians And Rule of Law

A CONSTITUTIONAL OUTRAGE

By Ashok Kapur, IAS (Retd)

The Chief Minister of U.P. has reportedly issued an order requiring mandatory reservation of jobs in all private entities if they are to continue doing business with the State Government.

Even by the declining standards of Indian politicians and their scant regard for constitutionalism and the rule of law, this is an unprecedented assault on the Constitution since it was introduced in 1950.  According to reports, no work or supply order would be issued by the U.P. Government nor any contract awarded to a private party unless it reserves a certain percentage of jobs in favour of a particular caste or community. Translated into plain English, it means the U.P. Government has enforced a quota regime in the private domain. Needless to mention, persons appointed to reserved jobs shall belong to the Chief Minister’s own caste.

In the scheme of the Constitution --- a holy covenant in any civilized society --- there is a provision for a certain percentage of job reservations. But this is so only in public employment. The founding fathers made it a time-bound measure at the dawn of independence. That time is long past but the beneficiaries of the quota regime have grown into a vested interest, solely to perpetuate themselves and their progeny in power.

The initial quotas were aimed at benefiting the marginalized sections of the society, identified as belonging to certain castes or tribes so as to bring them into the mainstream. These were duly notified as Scheduled Castes and Tribes. Two generations have passed and the beneficiaries of the quota regime, by and large, are now an elite in their respective castes or communities. Instead of gradually doing away with such artificial props, the politicians have expanded the quotas to include the so-called OBCs.

The Constitution does not authorize the executive to enforce reservations in the private domain. It guarantees equality of opportunity in matters of employment to all citizens. Another fundamental right prohibits discrimination on grounds of caste or community or religion. The U.P. Government, by enforcing quotas in private employment has curtailed the fundamental rights of citizens to equality. In other words, the State Government has, through an executive order, in effect bypassed the Constitution and curtailed the citizens’ fundamental right against discrimination.

Some very serious issues arise in this context. The Chief Minister has been badly advised as to the ramifications of her government’s action. When questioned as to the authority for such an unconstitutional move, she is reported to have stated that it had been authorized by the State Cabinet! The reply is not even risible. Were it not for the fact that it is being carried out by a Chief Minister with some administrative experience, it could have been explained away as plain ignorance or misplaced sympathy.

In context, such a measure can only be attributed to a brazen defiance of constitutionalism and the rule of law. In any other democracy that claims to be civilized, such a move would have immediately attracted a motion for impeachment. But some Indian politicians deem that success at the elections confers on them an immunity from law and Constitutional obligations.

It needs to be recalled that the same Chief Minister had earlier appointed a Cabinet Secretary, who is a political appointee and a local recruit.  In the bargain, she had enshrined the principle of ‘spoils system’, described as an evil ‘system’ in the world’s first constitutional state, the USA. It was likewise an unconstitutional step. As it was not opposed by the Government of India, an unhealthy precedent was allowed to be set. Of a piece with the earlier action, her latest move is tantamount to amending the Constitution by a State Government.

It is indeed disconcerting that none of her advisers pointed out that executive instructions, which impinge on the fundamental rights of citizens, are an initio null & void. Let alone a State Government, even if these were to be issued by the Union Government. Apparently, the elected state cabinet is not aware of the basic scheme of the Constitution, whereby fundamental rights cannot be whittled down or curtailed, being immutable. This is the position after the landmark judgment of the Supreme Court in the celebrated case of Keshvananda Bharti in 1973.

The further reported announcement by the Chief Minister that such reservation was to be limited to 10 per cent of the private employment, will fool no one. It only reminds one of the proverbial tale of the camel’s entry into the Arab’s tent. The Constitutional Review Commission, headed by the respected Justice M.N. Venkatchalliah, former Chief Justice of India, has cautioned the Union Government against what it termed as the “law of unintended results in the public domain”.

Once such executive instructions are accepted unopposed and observed as sovereign fiats, there is absolutely no guarantee that the initial percentage will be gradually increased to cover a majority of the Chief Minister’s own caste or community. Increasingly, castes or classes are becoming conveniently elastic, thanks to the machinations of wily politicians. It would be a safe wager that eventually the ten per cent formula may quite literally be turned on its head, and may eventually come to represent the unreserved percentage. Incidentally, members of the Chief Minister’s community claim to be a majority of more than 70 per cent.

This is already happening. In a southern State, such reservations have exceeded 50 per cent thereby openly if not brazenly flouting the reservation limit laid down by the Supreme Court. Once again, needless to mention that the reservations are in favour of the ruling Chief Minister’s own caste. In theory, the orders of the Supreme Court have the force and effect of the law of the land. Apparently, some ruling politicians have little or no patience with such technicalities as constitutionalism or the rule of law.

In sum, the reported move by the U.P. State Chief Minister needs to be immediately reserved if India is to survive as a democracy under the rule of law, now a basic feature of the Constitution. --- INFA

 (Copyright, India News and Feature Alliance)