Restoring the dignity of the House.

Retoring the dignity of the House.

Indeed, why should there be only two extreme alternatives of either a toothless debate or a no-confidence motion? as Baijayant 'Jay' Panda asks in his piece on the functioning of the parliament (IE,6/12/11). Once an M.P. is elected, he should be entitled to speak up his mind and views of this constituency on all matters. 'Whip' should be issued only for a no-confidence motion. Adjournment motion is a tool to attract attention to an urgent issue and the Opposition should not be denied its privilege.Dissent is the essence of a debate.The House should also avail the wisdom of all its members and not restrict their freedom of expression. Most of our parties impose some ideological position on their members making them just robots to raise their hands whenever the party wants.

In a developing country like India, there are many issues where consensus could be easily found if there is no rigid party line. Members should be encouraged to introduce private bills on issues that they and their constituents strongly feel about, and canvass support across the parties. Members should be made accountable to the people who have elected them. They should meet, discuss and report to them every quarter. They should monitor development works in their constituency and help the administration in implementing them. This will restore the faith of the people in the representative government and this will restore the dignity of MPs/MLAs and that of the legislature. Now the MPs/MLAs go to the people only during the election.

http://www.indianexpress.com/news/restoring-the-house/884369/0

December 6,2011.

*******

Keep Talking.

Keep talking.

You have rightly pointed out the fact that both the government and the opposition must be blamed for abandoning their duty to the democratic process (IE,30/11/11). All the parties, especially the Congress and the BJP, have to rescue the institution of parliament from public ridicule. Lokpal bill, price rise, black money, nuclear power, FDI in retail and many other issues confront the country. Instead of discussing these issues in the parliament, all parties are posturing at the cost of the public welfare. This may erode the legitimacy of the democratic system.

However, the ruling party has to realize that it has more responsibility in running the parliament smoothly. There is no reason why the government should not concede adjournment motions of the opposition to voice reservations on the government policies. Last time there was a confrontation on the issue of PAC on 2G and later, it had to concede it after wasting an entire session. Let the opposition have its say, the government can have it way later. The government has failed to evolve a consensus on most of the issues especially on FDI in retail even among its allies. Rushing through without a consensus is neither good politics, nor good economics.

http://www.indianexpress.com/news/keep-talking/882053/

November 30,2011.

******.

Affordable housing ?

Affordable housing?

The report on affordable housing (DNA,8/11/11) makes sad reading. That the prices of flats in Mumbai have gone up by ten times in a decade is a slap on the face of all politicians in Maharastra who swear by 'am admi'. They have repeatedly talked about affordable housing for the masses for the last two or three decades. Mill workers have been denied their rights to a dwelling while the mill owners have built their malls and luxurious housing. No wonder slums have proliferated from 55 to 70 percent in Mumbai. Slum re-development programmes have become a farce where elite have been able to corner flats. With prices zooming so high only the rich and the super rich only can afford to live in Mumbai. Over-crowded trains and buses, unending traffic jams, pot-holed roads and high power tariff characterize Mumbai today. The city is being ruled by greedy politicians and unscrupulous builders. This is not a city of dreams. If Singapore can provide housing for all, Mumbai too can do it. However, that requires vision and imagination which our politicians do not have.

http://epaper.dnaindia.com/

Nov.8,2011.

*******

SSA, RTI - A reality check.

SSA, RTI – A Reality check.

Lant Pritchett, in his interaction with the editors of the Indian Express (8/11/11) has given a reality check to our politicians and bureaucrats. Just as iron bars do not make a prison, school buildings and even teachers do not show educational progress. As he has pointed out, "What India does not have is any semi-skilled labour, or high school-educated labour, people with basic literacy but advanced skills." What India today requires is a large number of vocational courses to be provided to the high school students so that they can find work easily or be self-employed. We also require teachers' training schools which just trains but motivates them to do justice to the students. The teachers should be properly remunerated. We read in newspapers that the government fails to release educational grants to schools and colleges in time. It is not lack of resources but lack of imagination and commitment by the government that retards our education of the masses. He has rightly said that India has emphasized elite education at the expense of mass education and that politicians use SSA for patronage. GDP growth and maga projects have no value as long as the government cannot provide proper education and health to our people. Will the reality check of an expert wake up the politicians and administrators to do the right thing by the people?

http://epaper.indianexpress.com/16162/Indian-Express-Mumbai/08-November-2011#p=page:n=9:z=1

November 8,2011.

********

PM and UPA have failed India.

PM and UPA have failed India.

As Pratap Bhanu Mehta (IE,28/9/11) explains, " The Prime Minister has
distorted the entire structure of ministerial politics by not
frontally owning and defending the decision not to auction 2G." He
does not own it because he knows it is not the right policy. In the
UPA there is no collective responsibility. PM presides over a
coalition based only on power not on any principle or even policy.
That is why he explained away many misdemeanours of his colleagues as
"coalition dharma". He allowed Dayanidhi Maran and Raja to twist the
telecom policy as they wish. Both of them got approval from FM and PM.
Raja sells spectrum in 2008 at the price fixed in 2003 and tells us
that he follows the policy laid down by NDA – the only policy they
picked up from NDA. When the CAG says there is a loss of about
Rs.1,76, 000 to the exchequer, a minister tells us that it is
notional. TRAI refuses to quantify the loss and dutiful CBI has scaled
it down.They all want us to believe that there is nothing good or bad
but thinking makes it so. UPA is bound to fall by its acts of
commission and omission, sooner rather than later. The PM and the UPA
have failed India.

http://www.indianexpress.com/news/yes-ministers/852882/

Sept.28, 2011.

******

Black money in Swiss banks.

Black Money in Swiss banks.

It is an open secret that our elite have kept their black money in
safe havens such as Switzerland. Now your report (DNA,13/9/11)
confirms it when the famous whistleblower Rudolph Elmer reveals to an
Indian TV channel. USA has succeeded in getting the names of its
nationals who have kept their untaxed money through legal and
extra-legal methods. India too would be able to get the names Indians
who have stacked their illegal money in Swiss banks, states Elmer. He
also states that our government is not keen to know the identity of
those who have cheated the Indian exchequer and that Indian society
has to put pressure on the government. He has disclosed that some of
our film stars and cricketers who are adored by the public too have
their accounts in the Swiss banks. However, he has forgotten to
mention Indian politicians and businessmen but we all know without
them no list will be complete.

Your another report (DNA, 14/9/11) tells us how the US government is
getting access to unaccounted money kept in foreign banks by its
citizens. It has now a tax law, the Foreign Account Tax Compliance Act
which mandates full disclosure of bank accounts held by US citizens in
foreign countries. US government levies a penalty of 40% on
undisclosed foreign assets. A similar act will help our government to
get access to all account details of Indian citizens in foreign
countries. Will our government take it up before Anna Hazare starts
another agitation?

http://epaper.dnaindia.com/newsview.aspx?eddate=9/13/2011&pageno=1&edition=9&prntid=149438&bxid=30571222&pgno=1

http://epaper.dnaindia.com/newsview.aspx?eddate=9/14/2011&pageno=9&edition=9&prntid=149457&bxid=30635504&pgno=9

September 14,2011.

******

A delicate balance.

A delicate balance.

Pratap Bhanu Mehta has rightly pointed out the political dilemma
brilliantly in his analysis, A delicate balance ( IE, 8/9/11).  He has
summed up the same in one sentence - "The dilemma is this : due
process and formalism have become a fig leaf for avoiding justice."
The legislature and the executive have become dysfunctional due to
one-party dominance of our polity for a long time, and now, because of
the rise of regional parties with no national perspective. Most of the
parties are prisoners of the past with no vision for the future. In
this scenario, even the Supreme Court may not be of much help as it
cannot take over the functions of the legislature and the executive.

Neither inflation, nor investment and not even terrorism and
corruption get the attention they deserve from the political class.
Inflation is making poor, poorer; investment which can create
employment is drying up; terrorism has become routine; and corruption
is rampant. Every party has a vote-bank and the election has become a
snake-and-ladder game with the common man left high and dry.
Corruption is highlighted by non-political entities and politicians
have shown them their place. The scams have taken away the sheen from
the UPA and even the PM. We need a party which can restore the probity
and balance envisaged by the Constitution. Can BJP take up the
challenge ?

http://www.indianexpress.com/news/a-delicate-balance/843256/

Sept.8,2011.

*****

A challenge of good governance.

A challenge of good governance.

The politicians should thank Anna Hazare for providing an outlet for
people to express themselves in a constructive way through a peaceful
movement. Now the government should accept the challenge to provide
good governance. There is an urgent need to change the whole
administrative system to deal with corruption in all its
manifestations and dimensions.

The recent scams have exposed the ugly face of corruption at the
highest political level. People face it everyday when they have to get
some service or the other from the minions of the government – 'small
men in brief authority'. Whether it is a birth certificate or marriage
certificate, ration card or passport, school fee or registration fee,
nothing moves without speed money. This has to change. The public
service act in Madhya Pradesh and now, in Bihar, ensures all
government services within a prescribed period with a penalty for
dereliction of duty. This should be extended all over the country.

Lokpal at the centre  and Lokayukta in the states should deal with
corruption at the bureaucratic and political levels. They should be
empowered to receive complaints from citizens and, if there is a prima
facie case, pursue it with full enquiry and punish the guilty.
Priority should be given to all criminal complaints against MPs and
MLAs to avoid criminals becoming the law makers. CVC and CBI should be
as independent as the CAG and the Election Commission.

The government websites of various ministries should publish all
decisions including government procurements for citizens to
participate and to scrutinize decision-making in a transparent manner.
The discretionary powers of the ministers should be exercised on the
basis of prescribed norms. Oral orders and illegal orders of ministers
should not be accepted or executed by the government servants and this
should be part of the service rules. If they do, they should be held
accountable along with the ministers. Most of these suggestions are to
be found in the reports of the administrative reform committees of the
government. If there is a will, they could be implemented within a few
months. People are waiting for a response from the governments. Good
governance is the birthright of every Indian.

August 23, 2011.

******

Reliance power is expensive power.

Reliance power is expensive power.

The MERC has inflicted the expensive power on the people of western
suburban area by extending the licensing period of Reliance Infra by
another 25 years. Your report ( DNA, 4/8/11) does not indicate any
reason for disallowing other contenders from power supply to the area.
Reliance does not generate sufficient power to meet the needs of
western suburb. It has failed to avail cheap power of Tatas. As your
report mentions, Tata Power supplies power to industrial and
commercial establishments as well as high-end residential users about
Rs.4 less than Reliance Infra and that Tata Power can supply power to
the entire Mumbai license area. If that is so, the Tatas should be
asked to supply power to Mumbai, or at least to the western suburbs.

Reliance Infra generates only 500 MW and gets additional supply from
others which would be expensive especially during the summer months.
Earlier, it had supplied cheap power to some bulk users and whatever
they lost in the bargain, MERC allowed it to be recovered from
domestic consumers. MERC was supposed to be the guardian of consumer
interest in which role it has failed to do justice. Surprising, rather
unsurprisingly, no political party has taken up cause of consumers.
This should be made a poll issue in the coming Municipal election.  In
the meanwhile, we can hope for justice only from the Bombay High
Court.

http://www.dnaindia.com/mumbai/report_reliance-power-to-charge-users-more-retrospectively-from-2004_1572354

August 4,2011.

*******

Terrorism : A soft state cannot take hard decisions.

Terrorism : A soft state cannot take hard decisions.

Let us admit it. India is a soft state. It does not want to hurt anybody even if somebody hurts it. See the record.

Pakistan sent the tribals of N-W frontier province to take over Jammu & Kashmir kingdom before it could decide its future in 1947. The Maharaja agreed to join India to protect his throne. India accepted its accession and sent its army to drive away the Pakistani regulars and the irregulars. However, India declared a cease-fire against the wishes of its army which was engaged in expelling the aggressors from the whole state. Our leaders took it to UNSC and unilaterally agreed to have a referendum. This is how the unending Kashmir problem started. We created it.

We sent back 93,000 Pakistani soldiers including the generals who surrendered to the Indian Army during the liberation of Bangladesh without solving the Kashmir problem – recognition of the line of control as the border, if not the vacation of POK. India helped in the liberation of Bangladesh but did not stay there to protect it, and the consequence was the assassination of Banga Bandhu Sheikh Mujibur Rahman. In the meanwhile another problem started – infiltration from Bangladesh and they were given not merely ration cards but voting cards as well, a vote bank.

Our success rate is always 99 percent, not 100 percent. However, one percent makes a lot of difference. We are always indecisive. We do not have conviction in what we do. We always look for approval of other nations, not of the people of the country. We want UNO or USA to solve our problems.

How to prevent terrorism – use your vote.

We have the same attitude while dealing with terrorism. Newspapers have mentioned 8 terrorist attacks on Mumbai and 15 elsewhere. Our parliament was attacked and we just massed the army on the border. NDA government started talking to Pakistan only after getting an assurance from it that it would not allow its soil to be used by non-state actors to plan and attack India which was never observed.

The carnage on 26/11 hit the headlines all over the world as it involved the iconic Taj Mahal Hotel, and many were killed, including some foreigners. There were candle-light processions by the elite of Mumbai, and they must have voted the same old dispensation which was negligent in the next election. The central and state governments said they would implement recommendations made by the expert committees in a time-bound manner to prevent any further terrorist acts. It stopped the dialogue with Pakistan unless the culprits roaming around the country with their hate speech against India are brought to justice.

Then, suddenly, India started the dialogue though no progress has been made in arresting and booking the instigators and organizers of the bloody event. Now the newspapers are full of how many recommendations were not implemented. The Union Home Minister says there was no intelligence alert about the blast as if it is not his failure. There is turf war among the police. There were no ambulances to take the injured and the dead to the hospitals. The list is long.

Everybody is asking if USA can protect itself from terrorist attack after 9/11, why India cannot do it. It is very simple, dear Watson. In the assembly and parliamentary elections held soon after 26/11, the coalition of Congress and NCP swept the polls not only in Maharashtra but in the Mumbai itself where all that happened. It snatched Rajasthan from BJP and retained Delhi for the third time in a row. These electoral victories confirmed the Congress theory that terrorism does not affect the poll results.

Additionally, rightly or wrongly, there is a belief among the top leadership of the Congress that it can secure Muslim votes by not acting decisively against terrorism. See how one of the top leaders makes statements day in and day out about saffron terrorism and expresses sympathy for "Osamaji". Another top leader tells US Ambassador that the Congress is more worried about the saffron terrorism than the jehadi terrorism, as disclosed by WikiLeaks. "Unless public pressure is generated and terrorism becomes a salient electoral issue like corruption, terrorists would continue to wreak havoc and people continue to suffer consequences", observes GVL Narasinha Rao, a leading political commentator.

There is no will and there is no incentive for the State and the Central governments to take proper action against terrorism. There is no electoral dividend. The only way we can compel the state and central governments to take action against terrorism is by using the ballot box. It may be necessary to start a peoples' movement like that started by Anna Hazare and Baba Ramdev to tackle corruption and black money.

Our police who crippled, if not eliminated, the gangsters in Mumbai are capable of preventing terrorism and catching the terrorists. However, they require freedom of action and freedom from harassment from the ruling party. This can be ensured only by setting up a Police Commission consisting of eminent people – a retired judge of a High Court, a retired Police Commissioner, Home Minister, Leader of the Opposition and the CM – who can guide them, set tenures, promotion and also provide all logistical support ( adequate personnel, arms, etc.). Of course there has to be a stringent law and punishment without delay (speedy justice). "Give us the tools, we will finish the job" said Winston Churchill during the Second World War. That sums up the strategy to tackle terrorists

Genesis of terrorism.

Genesis of terrorism or its source, fundamentalism, can be traced back to the partition of British India and the birth of two nations – India and Pakistan. It is the result of mutual distrust between Hindus and Muslims. Muslims believed that they would be dominated by the Hindu majority. Hindus believed that Muslim minority will always be non-cooperative.

India adopted a constitution which assured every citizen justice, equality, liberty and fraternity. The constitution also provided for special provisions to protect the minority culture and religion. Muhammad Ali Jinnah wanted a state with a Muslim majority and he too envisaged a secular state as was evident in his speech on 11^th August 1947 in the constituent assembly of Pakistan.

However, Jinnah's passing away soon after partition, Pakistan missed a strong personality to weld different linguistic and cultural divisions into one nation. The only uniting factor in Pakistan since its birth is anti-India sentiments especially with regard to Kashmir. The birth of Bangladesh added further fuel to this anti-India feeling. Pakistani Prime Minister Zulfikar Ali Bhutto spoke about thousand years war and thousand cuts. Pakistan later started supporting Khalistan movement and militancy in Kashmir which has now spread all over the country with the vision of dominating the world as envisaged by Al-Qaeda.

A significant development which promoted Muslim fundamentalism in India as well as in Pakistan is the Wahabi Puritanism which has spread all over the sub-continent due to the influx of Indian workers to Arab countries, especially to Saudi Arabia. The Jehadi terrorism took birth in Pakistan after the Soviet occupation of Afghanistan. It was funded and encouraged by Pakistan, Saudi Arabia and USA. It is at that time that Kashmiri terrorism started. The Babri Masjid/ Ram temple issue and the 2002 Godhra carnage have been used to encourage fundamentalism.

India's inclusive civilization.

Indian civilization has been an inclusive civilization. It always sought synthesis and harmony, not subordination or extermination. That is why we see so much diversity and variety in India. Swami Vivekananda and Mahatma Gandhi spoke about "not mutual toleration, but equal respect" for other religious faiths. Mahatma called it Sarva-Dharma –Samabhava – equal respect to all faiths. He sang, 'Ishwara Allah Tero Nam, Sabako Snamati De Bhagwan' ( Oh, Ishwar or Allah, Give us wisdom ).

The great historian, Arnold Toynbee commented that "a chapter which has a western beginning will have an Indian ending if it is not to end in self destruction of the human race. At this supremely dangerous moment in history the only way of salvation for mankind is the Indian way". He also added, "At the close of this century, the world would be dominated by the West but that in the 21^st century India will conquer the conquerors".

We lost this wisdom to power politics, vote bank politics and to the distorted version of secularism. Politicians tried to divide people in the name of language and creed. One leading journalist called it a 'protection racket'. We never taught our children we are one in spite of our differences. There are certain values which are basic to all religions and faiths – love, truth, non-violence. The differences such as dress and way of prayers are very superficial differences. Our children know more about the West than about our history and culture as they were not taught about our inheritance in philosophy, art and architecture, science and technology in our schools and colleges.

The real meaning of secularism.

" The real meaning of secularism," stated Hon'ble Justice D.M.Dharmadhkari of the Supreme Court, in a judgment on a writ petition (civil)no.98 of 2002 of Ms.Arun Roy and others on the issue of education of religions in the educational institutions fully maintained out of state funds, " in the language of Gandhi is Sarva-Dharma-Samabhav meaning equal treatment and respect for all religions, but we have misunderstood the meaning of securalism as Sarva-Dharma-sam-Abhav meaning negation of all religions."

The judgment differentiated the meaning of 'religious instructions' ( rituals etc) and the ' study of religions' ( thoughts and philosophies etc.) after citing views Pandit Jawharlal Nehru, Dr. S.Radhakrishnan, Vinobha Bhave, J.Krishnaurthi, Bertrand Russell and others, it stated, " The complete neutrality towards religion and apathy for all kinds of religious teachings in institutions of state have not helped in removing mutual misunderstandings and intolerance inter se between sections of people of different religions, faiths and beliefs. 'Secularism', therefore, is susceptible to a positive meaning that is developing understanding and respect towards different religions. The essence of secularism is non-discrimination of people by the State on the basis of religious differences."

Human values of life.

The study of basic features of religions, faiths and cultures in our schools and colleges as mentioned in the above judgment would promote better understanding among our future generation. It would prevent the spread of fundamentalism of all varieties. When people understand that all religions of the world promote the same human values of life expressed in different words, idioms and in different languages, many barriers would disappear. Bhakti poet-saints of Hinduism and the Safi saints of Islam brought religion and God to the common people. They broke all barriers. Our history and culture make us the torch bearers of pluralism in the world.

India has failed in this task. India has to go back to the message of harmony, synthesis, peace and understanding. "Since wars begin in the minds of men, it is in the minds of men that the defense of peace must be constructed", as the UNESCO preamble puts it.

In the meanwhile, every effort must be made to prevent terrorist acts with improved intelligence, and if it happens in spite of it, state has to put in place laws and law enforcing machinery for speedy investigation and stringent punishment to the culprits. And of course the victims must be rehabilitated and compensated generously.

July 29,2011.

*******

Cleaning up Mumbai.

Cleaning up Mumbai.

Mumbai Mirror deserves to be applauded for taking up the task of cleaning various parts of Mumbai with the help of the students and the municipal staff. For a lasting solution to this and other problems of Mumbai ( roads, water etc), we have to request the government to formulate a policy to involve people in each ward and even each road to interact with the ward officers and political representatives. There could be a meeting once a month and find a solution for each problem.

Pavements could be adopted by citizens and companies who stay and work there to keep it clean with the help of the municipal staff – bins for refuse, refuse collection very day and even provide clean kiosks/utensils to hawkers on small installments.

When I visited Germany a few years ago my neighbour who is a citizen now told me that every household the city has to keep the pavement in front of the house clean by sweeping and washing it with water. The pavement stall selling eatables had stainless steel utensils. It was fascinatingly clean. Banks can give loans to the hawkers for this purpose. If the people of Mumbai take the initiative, we can also do the same. If we have the will, we can find a way.

July 6,2011.

******

The citizen and the state.

The citizen and the state.

The agitations by Anna Hazare and Baba Ramdev against corruption and black money have highlighted the limitations of our democratic republican polity to provide good governance. All the three scams – 2G Spectrum scam, CWG scam and the Adarsh scam – were exposed by vigilant citizens rather than by the state institutions constituted to find out and punish such corruption cases. The CBI pursued the cases only after the courts asked it to investigate.

Anna Hazare and some concerned citizens came together under the banner of the NGO, India Against Corruption (IAC), and took up the issue of corruption. It received tremendous response all over the country as almost all citizens of the country have first-hand experience of the corrupt ways of the government departments and the government institutions. Many people joined his fast in various cities. The response of the people compelled the government to agree to have a joint drafting panel consisting of ministers and IAC to constitute the institution of Lokpal to investigate cases of corruption at all levels of governance which was pending for the last 42 years.

After a few meetings of the joint panel, both sides have said that there are differences of opinion with regard to the purview of the Lokpal and the methodology of selection of the Lokpal. While IAC wants the PM, MPs and the higher judiciary to be within it purview, ministers have reservations on this issue. IAC has a strong case to include these institutions of governance as they have failed to uphold probity in public life. The PM ignored the indications of scam with his mantra of 'coalition dharma'. No MP has been punished in JMM bribery case and no progress has been made in the case of heap of notes on the table of the Lok Sabha during the voting for Indo-US nuclear agreement. Some members of the higher judiciary have not come up to the expectations of people and the Constitution – impeccable integrity. Now the issue will go to the all-party meeting, and later to the cabinet and the parliament.

Similarly, when Baba Ramdev with his lakhs of followers raised the issue of black money hidden in banks abroad, the government tried to persuade him not go with his fast as it has taken initiatives to bring it back. Four central government ministers met him to explain the government's stand. As he was not convinced about the government's effort to bring back black money, he decided to continue his agitation with his followers – men, women and children - gathered on the Ram Lila ground. They were asked to vacate the place at mid-night when they were sleeping, and were later dispersed with lathi charge and tear-gas shells. As many as 70 were injured and one of them is still in the ICU.

This is reminiscent of the mid-night arrests of opposition leaders after declaring emergency. It also has some resemblance to Jalianwala Bagh during the British Raj. One wonders whether we are living under a government of the people, by the people and for the people or under a dictatorship where dissent or opposition is crushed with force. Our government has not out-grown the British Raj or the Emergency Raj.

The fear of being seen as complicit in corruption and black money seems to be the motive behind the engagement with Anna and Baba. Later, when the government failed to carry conviction with them, Anna was given a hearing but Baba was beaten up. Why is the ruling party reluctant to institute a strong Lokpal who can book all people who misappropriate our national wealth? Is there something they want to hide from the people? We do not know. However, the response to peaceful agitations by the government does not behove a responsive and responsible government.

Now the question is: what is the status of a citizen in a democratic republic when he finds that the government is not taking sufficient action on corruption and black money? Is it not his right to highlight, propagate, agitate, create public opinion and pressurize the government to act? This is what the media does everyday. This is what Mahatma Gandhi did during the freedom struggle. This is what Martin Luther King did in USA to get equal status to the African-Americans. The public have a role to play in a republic, not just to vote but to participate in governance.

The duty of a citizen does not end with his voting in the elections once in five years. If there is some injustice in governance or insensitivity towards the welfare of people, he has to convey his displeasure to the government through petitions, protests and demonstrations. This is his duty and an obligation as a citizen

If eternal vigilance is the price of liberty, it is also the price of good governance. Participation of citizens in governance is to be welcomed. Citizens come together whenever there is a large cause. People had responded to Lokanayak Jaya Prakash Narayan in the early 'seventies to stem the rising tide of corruption and inflation. Now they have responded to the call of Anna Hazare and Baba Ramdev to fight corruption and black money which have assumed alarming proportions and seeped into all spheres of life.

However, the reaction of the Congress and some commentators in newspapers are intriguing. Senior members of the Congress started questioning the probity of some members of the IAC. They asked for a probe into the finances of Anna Hazare's NGO and some financial transactions of the members of IAC. A general secretary of the Congress asked for the accounts of institutions run by Baba Ramdev. He was even called, "a thug". They were branded as the 'mask' of RSS and BJP. Is the smear campaign the answer to the questions they have raised?

Then there were curious comments by some eminent journalists. They called them, "unelected" and even "unelectable". They forget that the cap fits the present PM. They said fast is not democratic. That is how Andhra was created during Nehru's time. They pointed out that a small section of civil society cannot claim to be the voice of the people. What about NAC of the Congress President? They questioned the selection committee suggested by the IAC panel. We all know how the last CVC was selected. However, one can still question some of the suggestions and pronouncements of IAC and Ramdev. The critical issue for them and the people is – how to catch the big fish which escape the tax net of the nation and affect the welfare of Indian people especially that of 300 million poor who live below the poverty line?

If a powerful Lokpal cannot be a part of the structure of governance envisaged by our Constitution, there is an alternative. Let's have a special bench of two or three judges in the Supreme Court and the High Courts to deal with only corruption charges especially that of the high and the mighty, and fast track their prosecution. There are so many MPs and MLAs with criminal record and their cases should be fast-tracked. This bench should have the power to question the PM, MPs and the top bureaucrats, if there is a prima facie case. CVC and CBI can work under this bench. As far as wrong-doing by the members of the higher judiciary is concerned, we can have panel of three judges consisting the CJI and two recently retired judges of the Supreme Court with a mandate to decide the case within a specified period.

It does not matter whether the cat is black or white, it should catch the mice. Crime should be punished and the national wealth should go to the nation.

June 29,2011.

******.

Our Singapore fantasy.

Our Singapore fantasy.

If Shekhar Gupta ( IE, 25/6/11) and some of the commentators in the Indian Express have to be believed, the public in our Republic have no role to play. Indian people, rather Indian voters, elect our MPs and MLAs, and after that they have to wait for the next election to have their 'say'. The way Anna Hazare and Baba Ramdev have been derided by the press, they, as the citizens or as the voters, have no right to raise the issue of corruption and black money and create public opinion to impress upon the government to enact a legislation to constitute a strong Lokpal within the framework of the Constitution. They question the legitimacy of the agitations against corruption and black money as Anna and Baba are not elected. Can we not question the right of the media which is also not elected by the people to comment and suggest changes or propose legislation. Mahatma Gandhi was never elected but he became the voice of the people for freedom. Martin Luther King was not elected but he fought for equality and won equal status for African-Americans.

Gupta tells us that this is the 20^th year of reform but forgets to mention that it was not in the manifesto of the Congress. It was introduced by stealth by the PM Narasimha Rao and the FM Dr.Manmohan Singh. It was brought in to avert a financial crisis. Now we are faced with a moral crisis. The UPA and the Congress do not want to submit themselves to an authority which can take cognizance of an economic crime suo moto in spite of colossal financial scams under their regime either with their collusion or with a benign neglect. Power is not all. Power has to be backed by morality and probity. Otherwise it loses it legitimacy.

http://www.indianexpress.com/news/our-singapore-fantasy/808505/

June 25,2011.

******** .

Lokpal - two drafts.

Lokpal – Two drafts.

The Joint Panel of the GOI and the Team Anna has failed to evolve an agreed draft bill to be discussed with the political parties before it goes to the PM ( Two drafts: one to kill, other to bill, DNA,22/6/11). The main points of disagreement are about the inclusion of PM, higher judiciary, bureaucray and MPs under the purview of Lokpal. None of them have acquitted themselves honourably in the recent past. It is to be hoped that good sense would prevail among all the political parties to include all these as India has reached a tipping point as far as corruption is concerned. In the last six months corruption in high places has dominated the not merely media but the mind space of the citizens. It started with 2G scam and CWG and then came Antrix deal. Now there is the approval of huge increase in the capital expenditure from $2.4 billion to $8.8 billion for KG D6 field. These are all astronomical figures. If the country loses so much money where 300 million people still live below the poverty line, it is criminal. The elected representatives are the trustees of the public wealth, not their owners. Unless the elite submit themselves for scrutiny, they would be discrediting our democratic republic. People in public life should be beyond suspicion.

http://epaper.dnaindia.com/

June 22, 2011.

*****

Bribery Culture in India.

Bribery Culture in India.

It is said that generalizations are generally wrong. That is what I felt after reading " Bribery Culture of India". There is no point in bringing Indian culture and Indian people. Let's see how corruption and black money began in India.

Corruption and black money started during the second world war. The rationing started during this time. Many things like rice, wheat, oil, paper were rationed. This was continued after Independence. Controls became more severe due to partition and is aftermath. Then came the 'permit-license raj' with planing and socialist pattern of society.This gave enormous powers to the ruling politicians and the bureaucracy.Later came prohibition, gold and cement control. This was followed by the highest marginal tax of 97.5 percent.

Now there is no 'permit-license raj' and the taxation has come down to a reasonable level. Now there is a great need for infrastructure ( roads, bridges,telecom,ports, mining etc) and it offers great opportunity to businessmen. The businessmen want to invest/start every thing quickly but politicians and bureaucrats want their cut.So, corruption still flourishes. However, there are impartial authorities to allocate these scarce resources of the country.Ministers overrule these authorities without any protest from the bureaucrats manning them. Where ever the authorized institutions have stood their ground, they have succeeded. The great example is the Election Commission.

Corruption has nothing to do with Indian character but it has everything to do with governance.Our police in inadequate, ill-trained, under-paid. The courts are inundated with cases ranging from petty theft to murder. Today's Mumbai Mirror has this headline : " Man serves 9 yrs for crime that warrants 6 months". Another report in DNA says UP Power Corporation moved the top court in 2003 against the High Court judgement 1983 for a payment of Rs.752 against Narain Prasad who died durig the proceedings. This is the state of ou administration.There are no sufficient number of judges.Our prisons are over-crowded and under-staffed.Primary education and primary health care has not been given the importance that they deserve.Poor people from villages come to the nearest towns and cities in search of work and live in slums. One-third of our population is still live below the poverty line after 60 years of planning economic development.

Rulers of old and the elected rulers of today have let the people down.There are no role models to people today. Elite and the middle class are busy making money. It is the poor who suffer from the bad governance.

Mahatma Gandhi, in his seminal book, Hind Swaraj or Indian Home Rule written 1908 quotes Colonel Thomas Munroe, who served in India for 32 years under the British, about his view on Indians.

" If a good system of agriculture, unrivaled manufacturing skill, a capacity to produce whatever can contribute to convenience or luxury;schools established in every village, for teaching, reading, writing and arithmetic; general practice of hospitality and charity among each other; and above all, a treatment of the female sex, full of confidence, respect and delicacy, are among the signs which denoted civilized people, then the Hindus are not inferior to the nations of Europe; and if civilization is to become an article of trade between the two countries, I am convinced that this country (England) will gain by the import cargo."

Gandhiji wanted India to be re-built on these lines and he called it Gram Swaraj, Village Republic, almost self-sufficient most of the essentials of life.His idea of Sarvodaya ( everyone's rise) or welfare of all is worth revisiting.He said that there is enough in the world for our needs but not for our greed. How true! Greed brought down the financial system in the capitalist West and the total control brought down the Communist system.

If India today suffering from the ills of corruption and black money, it is because we are following a system which combines the worst of both the capitalist and communist ideologies.

June 21,2011

******

Bribery Culture of India - corruption

Posted by: "Kiran" drkirankrishnan@yahoo.co.uk drkkishorekumar_1948

Sun Jun 19, 2011 5:19 am (PDT)

----- Original Message -----
From: Dr.M.S. Jayasekhar
Subject: Bribery Culture of India

Indians are Hobbesian.(culture of self interest)

Corruption in India is a cultural aspect. Indians seem to think nothing peculiar about corruption.It is everywhere. Indians tolerate corrupt individuals rather than correct them. No race can be congenitally corrupt.But can a race be corrupted by its culture?

To know why Indians are corrupt, look at their patterns and practices .
First:

Religion is transactional in India. Indians give God cash and anticipate an out-of-turn reward. Such a plea acknowledges that favours are needed for the undeserving. In the world outside the temple walls, such a transaction is named- "bribe". A wealthy Indian gives not cash to temples, but gold crowns and such baubles. His gifts can not feed the poor. His pay-off is for God. He thinks it will be wasted if it goes to a needy man. In June 2009, The Hindu published a report of Karnataka minister G. Janardhan Reddy gifting a crown of gold and diamonds worth Rs 45 crore to Tirupati.
India's temples collect so much that they don't know what to do with it. Billions are gathering dust in temple vaults.

When Europeans came to India they built schools. When Indians go to Europe & USA, they build temples. Indians believe that if God accepts money for his favours, then nothing is wrong in doing the same thing. This is why Indians are so easily corruptible.

Indian culture accommodates such transactions morally. There is no real stigma. An utterly corrupt JayaLalita can make a comeback, just unthinkable in the West.
Second -

Indian moral ambiguity towards corruption is visible in its history. Indian history tells of the capture of cities and kingdoms after guards were paid off to open the gates, and commanders paid off to surrender. This is unique to India.

Indians' corrupt nature has meant limited warfare on the subcontinent.It is striking how little Indians have actually fought compared to ancient Greece and modern Europe. The Turks' battles with Nadir Shah were vicious and fought to the finish. In India fighting wasn't needed, bribing was enough to see off armies.

Any invader willing to spend cash could brush aside India's kings, no matter how many tens of thousands soldiers were in their infantry. Little resistance was given by the Indians at the "Battle" of Plassey. Clive paid off Mir Jaffar and all of Bengal folded to an army of 3,000. There was always a financial exchange to taking Indian forts. Golconda was captured in 1687 after the secret back door was left open. Mughals vanquished Marathas and Rajputs with nothing but bribes. The Raja of Srinagar gave up Dara Shikoh's son Sulaiman to Aurangzeb after receiving a bribe. There are many cases where Indians participated on a large scale in treason due to bribery.
Question is: Why Indians have a transactional culture while other 'civilized' nations don't?

Third -

Indians do not believe in the theory that they all can rise if each of them behaves morally, because that is not the message of their faith. Their caste system separates them. They don't believe that all men are equal.This resulted in their division and migration to other religions . Many Hindus started their own faith like Sikhism, Jainism, Buddhism and many converted to Christianity and Islam. The result is that Indians don't trust one another . There are no Indians in India ,there are Hindus ,Christians, Muslims and what not.

Indians forget that 400 years ago they all belonged to one faith. This division evolved an unhealthy culture. The inequality has resulted in a corrupt society,

In India every one is thus against everyone else, except God ­ and even he must be bribed.

Sonny Varghese
Head of Finance, & Administration
Qatar Aeronautical College
P O box 4050, Doha - Qatar
Tel: +974 44408806 (Off)
+974 44315806 (Direct)

+974 55528374 (Mob)

*******

9.

Only meeting, no meeting ground.

Only meeting, no meeting ground.

The above headline (IE, 16/6/11) sums up the stalemate between the government representatives and the civil society members on the joint panel on the Lokpal bill. While the civil society members want the PM, higher judiciary, MPs and bureaucracy to be included in the purview of Lokpal, the government wants to exclude them for various reasons. The recent episodes of alleged corruption both at the ministerial level and that of higher judiciary have created doubts about the probity in our governance and that is why people have responded spontaneously to the call of Anna Hazare and Baba Ramdev.

As an alterative, can the government and the civil society agree to have a special bench of two or three judges in the Supreme Court to deal exclusively with the complaints against PM, MPs and bureaucrats and a similar bench in the High Courts at the states level without changing present system of governance. CVC and CBI should be under this bench to ensure impartiality and expedite prosecution. As far as the complaints against higher judiciary is concerned, it should be enquired into by a panel consisting of CJI and two recently retired CJIs with a mandate to take action within a specified period.

http://www.indianexpress.com/news/lokpal-only-meeting-no-meeting-ground/804349/0

June 16, 2011.

******

Second time as farce.

Second time as farce.

The first sentence in the analysis by Pratap Bhanu Mehta, 'Second time as farce' (IE,7/6/11) itself summarizes the dysfunctional nature of the Congress – defy all norms of rationality, morality, commonsense and good judgment. The Congress is so much used to power it has forgotten all norms of governance. Two eminent personalities from two different fields – social service and revival of healthy lifestyle – where so moved by the mis-governance and corruption that they give voice to the voiceless common man, and get unprecedented response from the people. They were pilloried to start with but later they were listened to half-heartedly.

Their main points were to punish the guilty however high and mighty they are, and bring back all the illegal money hoarded abroad. One is fobbed off with a diluted version of Lokpal and the other was sought to be punished like a criminal. To attack a congregation sleeping peacefully which includes the old, women and children at mid-night is the height of arrogance and fear. If we are a democratic republic, every citizen has a right to protest peacefully. Thank God, there is still a strong pillar of democracy intact, the judiciary. Last time it was bludgeoned into submission. Arrogance and fear are not a good combination for good governance, not even good politics. They are signs of wrong-doing. Congress has not learnt nothing from the emergency experience.

http://www.indianexpress.com/news/second-time-as-farce/800228

June 9, 2011.

******.

Siddhivinayak Temple - Why government control?

Siddhivinayak Temple – Why government control?.

If India is a secular country, why the GOM controls its finances? ( MM, 9/6/11) It should be left to the devotees to run the temple trust just like the SGPC – Shri Shiromani Guruwara Prabandhak Committee. The devotees of Siddhivinayak and other temples should take it up in the High Court and agitate, if necessary.

In the meanwhile, with donations reaching Rs.50 crore per annum, the temple trust should help Municipal Schools and Municipal Hospitals provide better education and better health to the poor in the city. It can adopt a few schools and hospitals in its vicinity to see its impact on he city's education and health.

http://www.mumbaimirror.com/article/2/2011060920110609031357124525b727b/State%E2%80%99s-riders-force-trust-to-stop-aid-to-ailing-needy.html

June 9, 2011.

******

'What if Koda or Raja became PM?'

'What if Koda or Raja became PM?'

Civil Society Member of the Panel on Lokpal, Shanti Bhushan, has rightly asked the question, 'What if Koda or Raja beame PM?' to the Chairman of the Panel and the Finance Minister Pranab Mukherjee ( IE,8/6/11) and the answer is obvious – inclusion of PM under the jurisdiction of Lokpal. Since nobody is above the law, including the PM and CJI should not adversely affect their office. The institution of Lokpal should be selected by a penal consisting of the PM, the leader of the Rajya Sabha, the Leaders of the Opposition in both the houses of the parliament and the last CJI of the Supreme Court. The members of the Lokpal should be based on their expertise in law, accountancy, investigation and on 'impeccable integrity'. This will give credibility to the institution of Lokpal. Lokpal should be assisted by CVC and CBI in investigation and prosecution, and the heads of these agencies should also be selected by the same panel. Without such strong and powerful Lokpal, it would not be possible to control, if not eliminate, corruption in our body politic.

http://www.indianexpress.com/news/what-if-koda-raja-become-pm-bhushan/800770/

June 7, 2011.

******

Responsive government ?

Responsive government?

In his well-argued analysis, "Playing fast and loose" (IE, 3/6/11), Pratap Bhanu Mehta has pointed out the pitfalls of civil society initiatives in governance. He believes that it leads to 'its own brand of authoritarianism'. He also states, "A responsive government is one that .. enforces the rule of law, dispenses justice, provides good management of the economy and so forth." He does not tell us what we, the citizens, have to do when government is not responsive – does not enforce the rule of law, does not dispense justice and does not provide good management of the economy. When that happens every citizen has a right and an obligation to start a movement to make the government responsive. That is exactly what Anna Hazare and Swami Ramdev are trying to do.

2G scam and CWG are the biggest scams in the country. The GOI agrees to have a JPC after the Opposition boycotts a whole session. Is it undemocratic to ask for a JPC? Wheels of justice move only after civil society members move the Supreme Court. PM allows 2G scam under the rubric, 'coalition dharma'. The members of the higher judiciary are also in the news for wrong reasons. All that Hazare and Ramdev are asking is to have a Lokayukta to catch the big fish in the net. It is well-known that our politicians and businessmen have stacked away their loot in tax havens abroad. What is wrong if Ramdev wants that to be declared as national wealth and brought back?

Our commentators expound on the pitfalls of civil society initiatives but have no idea how to bring about good governance. It is sad.

http://www.indianexpress.com/news/playing-fast-and-loose/798740/0

June 3,2011.

******

Jurisdiction of Lokpal/Lokayukta.

Jurisdiction of Lokpal/Lokayukta.

The recent gigantic scams and the agitations led by Anna Hazare and Baba Ramdev have created a consensus in the country to constitute the institution of Lokpal and Lokayukta. The only question now is about its jurisdiction. It is a good move by the government of India to ask chief ministers and the political parties ( Pranab sends questionnaire.., IE, 1/6/11). Of the six questions, two would have easy answers or consensus: (1) a single act to constiute a Lokpal at the centre and Lokayukta in the states; (2) the Lokpal/Lokayukta should be a five-member bench and should have powers to summon witnesses and records and file charge-sheets. The criminal investigation branch of CBI and CVC should assist the bench. The heads of CBI and CVC should be appointed with the concurrence of the Lokpal. The chief Lokpal should be a retired judge of the Supreme Court and should be appointed for three years by a panel consisting of the PM, the Leader of the Opposition and the Chief Justice of the Supreme Court. The other members should also be appointed by the panel.

The government has raised the issue of the jurisdiction of these institutions – whether the PM/CM should be covered? Whether the higher judiciary should be under its purview? Whether the conduct of MPs inside the legislature and the conduct of he civil servants could be enquired into by these institutions as the constitution has separate provisions to take care of the wrong-doings by them? The recent events have revealed that these provisions have not been effective. PM allowed 2G scam in the name of 'coalition dharma'. Higher judiciary has not been able to prevent or punish wrong-doings. Though some MPs have been disqualified for taking money for asking questions or misusing MPLAD funds, no MP has been punished for voting in exchange for money. Newspapers are full of reports about the corruption in many government departments. How many of them have been punished? Not many. Only a powerful Lokpal/ Lokayukta can tackle corruption in India.

http://www.indianexpress.com/news/pranab-sends-questionnaire-to-cms-parties-on-lokpal-draft/797952

June 1, 2011.

******.

30% bribes in the cost of flat.

30% bribes in the cost of flat.

A report in DNA ( 26/5/2011) states that 30 percent of the cost of a flat in Mumbai goes towards the bribes to various people. Bribe is not exactly a revelation for all the flat buyers in Mumbai. However, the extent of the bribe is shocking. The next question is, what is the government doing about it? The report says bulk of the money goes to the officials of the BMC's Building and Proposals and the officials of who are in charge of TDR in MHADA.

What prevents the Government of Maharashtra and the Municipal Commissioner of BMC to put all proposals, all approvals, all conditions, rules and regulations on the website of BMC? What prevents the government to ask all the officials to file an annual report on their assets and that of their close relatives on the website? What prevents the Income Tax department from scrutinizing the income and assets of these officials? Then there is the anti-corruption only means there is strong political patronage. Can we appeal the Bombay High Court to intervene?

We, the citizens, have to fight to appoint an Ombudsman ( lokayukta) for BMC. Where is Mumbai's Anna Hazare? Can we make it an issue in the coming municipal election? Here is a challenge and an opportunity to the civil society groups in Mumbai.

http://epaper.dnaindia.com/

May 26,2011.

********.

Need for autonomy for executive branches of the government.

Need for autonomy for executive branches of the government.

"Had we not intervened, the I-T officials would have slept over it and the overseas probe would not have proceeded" was the anguished remarks of the Supreme Court judges on the 2G scam (DNA, May 17,2011). The additional solicitor general tried to justify the delay by saying, "big companies" are involved and they are "creating obstacles" which was not accepted by the Court. This is the crux of the problem. The administration does not take action or hesitates to proceed against the high and the mighty.

The executive branches of the government have to be empowered to take action when they find wrong doing irrespective of the station of the person. There should be functional autonomy not merely to the revenue department but many other branches of the government like police, intelligence and many others. All these departments are under various ministries and the ministers and the top officials do not always allow them to go after the wrong-doers for extraneous reasons.

If all these executive departments have functional autonomy and they report directly to a committee of the parliament consisting of the major parties, many illegal activities could be prevented or at least brought to book early. The head of the revenue department and the police commissioner or the chief of intelligence can then be held responsible if there is a loss of revenue or loss of life under their jurisdiction if they have functional autonomy. Power and responsibility should go together. Parliamentary oversight is necessary. The ministers should not be allowed to be dictators which happened in the case of 2G and the same is happening in the case of terrorist attacks as well.

CAG and even Lokpal/Lokayukta can only punish culprits after the event. We have to devise a mechanism to nip corruption in the bud and promote good governance. Functional autonomy should be able to address this issue. It is like a sprinkler system which gets activated as soon as it detects fire.

http://epaper.dnaindia.com/epapermain.aspx?queryed=9&eddate=5%2f17%2f2011

May 22,2011.

*****

Another face of corruption.

Another face of corruption.

The report, "Sugar barons exploit loopholes, default on govt. dues.." (Indian Express, 14/5/11) is another face of corruption in our country. It is very easy for politicians in Maharashtra to start a sugar factory. Get money from the Maharashtra State Co-operative Bank ( MSCB), get it underwritten by the Maharashtra State, default on payment, get it auctioned off at a low price and then launch your own factory. It is a neat way to make big money. Sharad Pawar says it is the fault of the Maharashtra government as it did not pay MSCB after underwriting the loan. We have to thank the Public Accounts Committee of the State for bringing it to the notice of the public. At long last RBI and the State government have taken action – taking over MSCB. We have to wait and watch what action the RBI and the State take against the defaulting sugar barons.

You had published a series of reports entitled, "The Great Indian Bank Robbery" in December, 2002 exposing how the corporate sector was looting the banks. The Banks had the mind-boggling amount of Rs.110,000 crore NPA – almost the amount involved in 2G scam. Now you have an opportunity to do similar study on co-operative banks and co-operative sugar factories in Maharashtra.

http://www.indianexpress.com/news/sugar-barons-exploit-loopholes-default-on-govt-dues-pac/790567

May 15, 2011.

******

Primary Education - states have failed in their primary duty..

Primary education – states have failed in their primary duty.

In spite of the Right to Education Act, most of the states have failed in their primary duty to provide primary education to its citizens as revealed in the report by Rakesh Bhatnagar (DNA, 9/5/11). It is now well-known that India can take advantage of the youth power in the next two decades only if the young are educated. It is sad that 1.12 lakh primary schools in the country do not provide mid-day meals out of about 5,66,221 schools in the country; four lakh schools do not have boundary walls to protect the children; no toilets in about one lakh schools; many schools have no teachers and drinking water. Indian government has enough resources to educate our people. It has spent a colossal amount of money on the Commonwealth Games. It does not have vision and the organizing capacity. There is a definite role for our industry to play in this nation-building exercise. Industry has the ability to organize and manage. Industry should be invited to adopt schools all over India as a part of their CSR (Corporate Social Responsibility).

http://www.dnaindia.com/india/report_nation-wide-primary-schools-deprived-of-basic-needs_1541026

May 11,2011.

******

Why is Sonia so scared of Modi ?

Why is Sonia so scared of Modi ?

Very few columnists in India call a spade, a spade and Francois Gautier is one of them which is clear from his analysis in the above piece( DNA,May 6). Most of them are part of the establishment and don't see that 'the king is naked' when he drops his clothes. Most of the columnists are horrified that the Central government bowed to Anna Hazare's 'fast unto death' and agreed to include civil society members in a government panel. It does not matter to them that the institution of Lokpal was mooted by the first Administrative Reforms Commission some 42 years ago to investigate and punish wrong doers in high positions, and not implemented all these years. It does not matter to them that such an institution's existence would have prevented scams like 2G spectrum and CWG which siphoned off colossal amount of public money. After agreeing to have civil society members on the panel, minions of the establishment started to throw mud on them.

Less said the better about their attitude of UPA to Modi, notwithstanding his achievements in almost every field in Gujarat – providing water and electricity to every village, e-governance to promote welfare etc. As Gautier has pointed out no Congress leader has been punished for leading the mob to kill the Sikhs after the assassination of Indira Gandhi. Rajiv Gandhi has not been held responsible for the killings in spite of his justification that the earth shakes when a big tree falls, or for late police action and late deployment of army. The police are always late as we see in all the films. The problem is, police have no functional autonomy and they wait for a nod from the above. It is the same situation as far as 'fake encounters' is concerned. Every state has many such encounters but only the home minister of Gujarat is sought to be punished. Let there be a Rule of Law, not selective enforcement of law.

It is time Indian citizens wake up to the dictum that power corrupts and absolute power corrupts absolutely. Congress, now UPA, has been in power for too long which makes them forget that people voted them to power for welfare of the people, not their own welfare or for perpetuating themselves in power through manipulation of public opinion.

http://www.dnaindia.com/india/analysis_why-is-sonia-gandhi-so-scared-of-narendra-modi_1539917

May 7,2011.

******

The horse and the rider.

The horse and the rider.

It is very encouraging to know that while the parliament may not transact business due to political grand-standing, " MPs do hold shared views, irrespective of party affiliation, and do tend to achieve consensus on a variety of issues" in the committees, as revealed by Jayanthi Natarajan, in her article, The MPs you don't see ( Indian Express,26/4/11). However, it is disappointing to know that "the vast majority of the recommendations are not implemented by any government thereby rendering the valuable work done by the committee rather pointless. A triumph of red tape and bureaucracy over elective and participatory democracy." How can the bureaucracy overrule a parliamentary committee? Bureaucracy is an instrument and MPs should know how to use the instrument. It appears that the horse is taking the rider to its destination, not the other way round. Not a very flattering comment on our parliamentary system.

It would be a good idea to telecast the committee meetings as they do in USA. The committees there invite experts from outside the government to give evidence. It educates the electorate. Whenever a bill is prepared by a committee, it should get input from the section which will be adversely affected so that it gets acceptance easily when it is enacted. Additionally, any citizen from any corner of India should be able to listen and even participate in it. Our democracy should encourage people to participate in decision-making.

http://www.indianexpress.com/news/the-mps-you-dont-see/781337/

April 26, 2011.

**********

Corruption, Citizen Hazare and the Democratic State.

Corruption, Citizen Hazare and the Democratic State.

If 2010 will be known as the year of scams, 2011 could well be the year of Lokpal, thanks to the agitation spear-headed by Anna Hazare, a social worker inspired by Mahatma Gandhi's vision of Gram Swaraj ( village development) and Suraj ( good governance). He had earlier fought for the Right of Information Act in Maharashtra which became a model for the Central government later on. He had also agitated against corrupt officials and politicians in the Maharashtra state.

The year 2010 saw the unveiling of many scams almost simultaneously – the first was Adarsh Housing Society which was built on Defense land by breaking environmental and coastal protection acts for the benefit of top defense personnel, politicians and bureaucrats; it was soon followed by 2G Spectrum scam when the minister of telecom again broke many norms to award the licenses to his favourite businessmen at a loss to the exchequer and to the profit of his friends and relatives; then came the Commonwealth Games scam where almost every item was purchased at higher than market price and almost every facility had cost and time over-run.

In all these cases, wheels of justice started moving only after some concerned citizens petitioned to the courts and the opposition boycotted a whole winter session of the parliament. Just before the Budget session, the government agreed to appoint a JPC ( Joint Parliamentary Committee) to find out the lapses in the allotment of licenses which resulted in the loss of revenue to the tune of Rs.1,76,000 as estimated by the Comptroller & Auditor General of India.

A short history of corruption in India.

No wonder that people came out in droves to support the agitation started by some public-spirited citizens under the leadership of Anna Hazare. Most of the people in the country are personally aware of the corruption in government services – pot-holed roads, government hospitals without medicines, absentee teachers in government schools, sub-standard food-grains in ration shops, speed-money to get a ration card or a driving license and a host of other services. India ranks 87 among 178 countries in the Transparency International's Corruption Perception Index. It estimates the monetary value of petty corruption in basic services such as education, healthcare, judiciary, police to be about Rs.21,068 crore ( US $ 4.7 billion) per year.

What is appalling is not just the corruption but the efforts to cover it up by the state without taking any action to find the guilty and punish them. Of course smaller fries have been punished.

Some of the big corruption cases in the last two decades are : JMM bribery case; Bitumen case ; HDW submarine case; Kerala SNC Lavalin scandal ; Fodder scam; Telecom (Sukh Ram) case; Hawala Scandal; Oil-for-food scam; Telgi case; Taj Corridor case; Satyam case; Cash-for-vote case; Madhu Kota case. Then there is the famous Bofor's case. In most of these cases some of the top bureaucrats and top politicians are involved. None of them have been held to account and punished. Some of the cases are still under investigation and some are in the courts. It is true that some people have been convicted, but not politicians or bureaucrats whose patronage is necessary for all these illegal activities.

Corruption started in India with the planned economy which resulted in what is rightly called 'permit-license raj'. This gave enormous powers to the ruling politicians and the bureaucrats and this led to corruption and black money in the country. Prohibition and the ban on the import of gold (both done with good intentions) gave impetus to them. Highest marginal taxation on income to the extent of 97.5 percent gave additional incentive to the businessmen to create not just black money but also to keep it away in tax havens such as Switzerland.

An international watchdog which conducted a study on the subject states that India has been drained of $ 462 billion (over Rs.20 lakh crore) between 1948 and 2008 which is about 40 percent of the India's GDP. In the last few years, USA has persuaded the Swiss banks through legal and political means to reveal the names of the US account holders and has taken action against their nationals for evading taxes in USA. No such effort seems to have been made by the Indian government which gives rise to the suspicion that some of the prominent businessmen and politicians may be having Swiss bank accounts.

Laws against corruption.

Presently there are two laws against corruption indulged in by the public officials (bureaucrats, ministers and even members of the legislature): The Indian Penal Code (1860) and the Prevention of Corruption Act ( 1988). However, investigating agencies set up by the central and the state governments have to get prior sanction of the concerned government or the competent authority to initiate proceedings in the court of law. However, there is no law or rule which stipulates a time-frame for sanction.

Recently we were made aware of the fact that the secretary of the government proposed to be appointed as CVC (Chief Vigilance Commissioner) was one of accused in a bribery cases for nearly 20 years. He was neither exonerated nor punished within a reasonable period of time. In the meanwhile, he was promoted periodically and even appointed as the next CVC. What is the use of the corruption laws if they are not enforced within a time-frame?

Many committees and commissions starting with the first Administrative Reform Commission (ARC) in 1966 have proposed the appointment of Lokpal and Lokayukta for speedy and effective investigation of corruption charges by bureaucrats and politicians within the frame-work of the constitution. This was based on the success of the office of Ombudsman in countries such as Sweden, Norway, Denmark and Finland. The Ombudsman in some countries is empowered to receive complaints directly from the public and can take up issues of corruption suo motu (on its own initiative). In the UK, citizens have to complain through their MPs.

In India, the first Lokpal Bill was introduced in 1968. After it lapsed with the dissolution of the Lok Sabha, it was tabled seven more times without being passed due to lack of consensus. However, some of states have appointed Lokayuktas without suo motto powers and the power to prosecute. They can only submit a report to the government and ask it to act.

There was no agreement whether the office of the prime minister should be kept in or outside the purview of Lokpal. Then there is the question of judiciary. The PM did not stop the telecom minister from short-selling 2G spectrum due to 'coalition dharma'. Some of members of the judiciary have been in the news for wrong reasons. Now the parliament has only one weapon against a PM and that is a non-confidence motion, and against the higher judiciary, impeachment. They cannot be invoked most of the time. However, bringing these two top offices of our constitution under the purview of Lokpal would not be the right thing. The legal experts have to come up with a proper solution for these issues which were not envisaged by the makers of our constitution.

Nobody was punished in the JMM bribery case though it was well-known that money was paid to get the votes in the no-confidence motion. The Supreme Court did not like to interfere with the functioning of the parliament or infringe the privileges of the members, and the parliament failed to take any action. The Indian citizens still remember the heap of currency notes on the table of the Lok Sabha during the voting on Indo-US Nuclear Agreement. Nobody knows the status of the enquiry on this issue.

We know the problem (corruption in high places which never gets punished) and we also know the solution (the institution of Ombudsman/ Lokpal/ Lokayukta). How much power the institution should have and how it should be made a part of the law and the constitution of the country requires consensus. Anna Hazare has drawn our attention to this grave problem which threatens the confidence of the people in the democratic system itself.

The appointment of Lokpal should be based on the consensus between the Prime Minister and the leader of the Opposition to give credibility to the institution. CBI and CVC should be under the guidance of Lokpal and assist in the investigation and prosecution. It should have the power to file a case in a court of law. CBI and CVC heads also should be from among the penal of eligible candidates selected by the PM and the Leader of the Opposition to ensure impartiality. The most of the corruption cases have not resulted in conviction as the heads of these institutions are the appointees of the PMO and change their stance to suit the needs of the political masters. The long history of the Bofors case without any tangible result testifies it. So also the two cases of wealth beyond their sources of income filed against two important politicians in UP.

Citizen Hazare's hunger strike.

Hunger-strike has no place in a parliamentary democracy, many critics have pointed out. So is the bandh and violence. All these extra-democratic means are resorted to by people to draw attention to some grievance or the other. Many times the state accepts demands made by people only after a bandh or violence. As a civilized society, we have to evolve a mechanism to address the grievances of all sections of the people. It is a challenge to the Indian Republic which assures liberty, equality and fraternity to all its citizens. There could be a committee of the Lok Sabha and state assemblies to hear and redress grievances of all sections of the people before they snowball into violent protest.

Citizen Hazare represents the frustration of the people with the pervasive corruption in the political system. It is sad that many politicians, columnists and intellectuals have not understood the disgust of the people with the continuing saga of corruption in every sphere especially for the last few months. "Lokpal Bill agitation has contempt for politics and democracy", says one columnist. "Yes, principles have been debilitated and almost every institution is clogged with corruption. But the democratic system cannot be decimated by using the so called peoples' force", declares another commentator. One wonders whether they have lost touch with the masses and their travails.

All that Citizen Hazare asks for is the constitution of an institution, Lokpal, with the power to investigate, prosecute and punish the corrupt within a reasonable time-frame. He wants a non-partisan selection body. Is this demand undemocratic? The politicians have failed to enact a legislation to curb, expose and punish corrupt bureaucrats and elected representatives in the last 42 years.

'How to rule the rulers?'

"How to rule the rulers?' has been the most important question of politics since the dawn of history. Representative democracy gained acceptance among the people as the elected representatives would be accountable and answerable to them.

If the Indian democracy has failed to deliver good governance, it is mainly because of corruption in the polity and illiteracy among the masses. Democracy is further distorted by money and muscle power used to get elected. The politicians come up with new methods of misguiding and enticing electorate. It is there for all to see in the recent Tamil Nadu election. Parties offer freebees like TV sets, grinders and fans to the electorate when there is no electricity. The farmers are complaining of 50 percent cut in power supply. The Election Commission has confiscated about Rs.40 crore in cash from people associated with the candidates. While muscle power (booth capturing) has been eliminated to a large extent, money power seems to gaining ground. Anna Hazare's observation that he would be defeated in an election has relevance here.

Lok Nayak Jaya Prakash Narayan had said long ago that election process is the 'gangotri' ( source) of all corruption. Expenditure during the election by the candidates and the parties has made contesting an election a play of the rich. A study states that almost one-fourth of the elected members of the Indian legislature has criminal charges "including human trafficking, immigration rackets, embezzlement, rape and even murder."

There is an urgent need to bring down the expenses incurred by the candidates through state funding and to exclude candidates with criminal activities. The recognized parties should have periodical election of their office-bearers, their accounts should be audited and submitted to the Election Commission. Elected members of the legislature have to meet and explain to their voters what they have done for their constituency every six or three months. There has to be accountability.

It is not just the Election Commission, but al the political parties and the civil society (NGOs, Corporate Sector, Educational institutions) have to come together to retrieve the sanctity of the ballot box. It is not just the rise of India among the comity of nations that is a stake but the welfare of millions is involved in the ballot box. After 40 years of planned economy and 20 years of liberalization, more than 300 million people are below the poverty line.

Towards good governance.

It is true that the institution of Lokpal will not dramatically change every day life of a common man since corruption has seeped into the fabric of life. If Lokpal can instill the fear of law among the top rang of our state and stop illegalities, it would definitely have a demonstration effect on the lower rungs. If the clerk knows that the boss does not break the law, he dare not do it himself. " .. the political leadership across the board is not yet convinced that honesty is the best policy. Unless the latter change, there is no way we can persuade the average civil servant to fall in line", states R.K.Raghavan, former CBI director, in the article, 'Raising the level of honesty in the civil services' recently. How true!

The institution of Lokpal is not sufficient to usher in good governance. It requires imaginative schemes to redress the grievances of the people and promote welfare of the poor. The following are some of the programmes initiated by the state governments to promote public welfare.

Mid-day meal programme of Tamilnadu ; Employment Guarantee Scheme of Maharashtra; e-governance in Gujarat which includes attending to public grievances by the CM himself through conference calls along with the top bureaucrats every month and taking action immediately; Ladli-Laxmi and kanya dan programmes and the Public Services Guarantee Act of Madhya Pradesh ; Distribution of cycles to girl students by the Bihar government ; Housing programme for poor in Andhra Pradesh; Improvement in the PDS system in Chhatisgarh. MPOnline provides 130 services such as birth certificates, examination forms and many others.

UPA government has introduced many welfare schemes like rural housing, rural employment and rural roads, primary education and healthcare. RTI, computerization and vigilance commission have to be used extensively to provide these services to the people and prevent corruption. Adhar, unique identification number, should be expedited to reach all the poor in the country to enable them to avail all government schemes meant for them.

Good governance has eight elements, according to ESCAP (United Nations Economic and Social Commission for Asia and the Pacific) and they are : participatory, consensus oriented, accountable, transparent, responsive, effective and efficient, equitable, inclusive and the rule of law.

Participation (including that of women, the minorities and the vulnerable) is a key cornerstone of good governance. A fair legal framework, impartial enforcement, quick justice, an incorruptible police force are the essentials of good governance. Following the rules and regulations in a transparent manner and formulating welfare programmes with consensus to serve the needs of all stakeholders is also necessary. Accountability is another important part of good governance.

We have a long way to go. The first step is important and it should be in the right direction. All government decisions should be accessible to the people and all government activities should be computerized. The police should have functional autonomy and number of police personnel should be increased to serve the needs of our growing population and economic development. There should be more courts and more judicial officers. Bureaucrats and the police should be barred from accepting oral orders from their superiors including the ministers. These and many other good governance practices have been in the reports of the administrative reform commissions which make the public officials accountable and efficient. The civil society has to agitate and persuade political parties to implement them.

Swaraj is my birth right said Lokamanya Bal Gangdhar Tilak before Independence. Now we, the citizens of free India, have to say, Suraj (good governance) is our birth right and we shall have it. And we have to remember that eternal vigilance is the price of liberty, equality, fraternity and prosperity.

April 25, 2011.

********