EDITORIAL

Yes, the onus is
on Pakistan.

The Home Minister L K Advani has hit the nail on the head by asking Pakistan to prove that it is not involved in terrorism in India in general and the attack on the parliament in particular. Pakistan has joined the ranks of the world war on terrorism, but all the evidence in this country at which its terrorism is primarily directed points to the fact that these .....more

Suspect intentions

The arrest of the owner of the First Global, Shanker Sharma ostensibly on FERA violations cannot but be linked to the fact of his being the financier of the famed Tehelka. com whose expose of the corruption in defense deals nearly shook the Government in the early parts of this year. That the expose rankled deep in the Government's mind is not a secret. It still is haunting the Government in one form or the other, though the fast pace of events has pushed much of....more

Reforms in the power sector

By Nitin Saxena
Power network is the backbone of economic development. Being a key infrastructure, the availability of quality power in the required quantity would ......
more

Fundamentally Right
Education

By Lalitha Sridhar
Even as the Lok Sabha unanimously passed the 93rd Constitution Amendment Bill to make education a Fundamental Right......
more

Why not the
zero-based budgeting

By C. M. Kulshreshtha
The Government is rightly concerned with the need for garnering extra resources. At the same time reduction in Government....
more

Economic legislation
in Parliament

By K R Sudhaman
It is a well-known fact that democracy is a slow-process polity and it is more so when it comes to economic issues. Our country......
.more

EDITORIAL

Yes, the onus is on Pakistan.

The Home Minister L K Advani has hit the nail on the head by asking Pakistan to prove that it is not involved in terrorism in India in general and the attack on the parliament in particular. Pakistan has joined the ranks of the world war on terrorism, but all the evidence in this country at which its terrorism is primarily directed points to the fact that these has been no reform in its ways or policies. The terrorism in the country actually saw an increase after Pakistan joined the battle against terrorism. The Pak president openly said that it had joined hands with USA for the purpose of advancing its case in Kashmir. That, in fact, was the only justification the Pakistan establishment offered its people for opposing Taliban at the America behest. Of course, Pakistan could not stand the American retaliatory action if it had not cooperated in the anti-Taliban campaign. Opposing America was out of question. By standing by the world in that crusade it also washed its face of the dirty deeds, since its training, support, and succoring the terrorists had been widely known.

Today the possibility of bin Laden and Omar having crossed over to Pakistan is a hot lead. It is speculated that even if they finally move to some other country that too would be through Pakistan. America, however, is sure that the Pakistan Government would do almost all that is in its power to trace out and hand over 'their' fugitives. But what of the other fugitives? In their customary selfishness, the Americans have already begun to play games with the other countries affected by the same terrorism that struck it. Among these countries India is a major sufferer. But saving America was not the sole purpose of the world coalition against terrorism. It was to free the world from the menace of terrorism. Even if America may try to prevaricate here, the world opinion against terrorism is too strong to be ignored. It is clearer, too. Hence the Americans have been forced to accept the right of India to take appropriate action against the terrorists who attacked the Indian Parliament house. The world cannot but address Indian concerns here. Or else, its war on terrorism would be shown to have been a cover for a selfish revenge.

India for her part has presented enough proof of the involvement of the terrorists operating from the Pak soil. It has substantial suspicions of the involvements of the Pak intelligence agencies too in this and other terrorist-acts perpetrated upon the Indian soil. Prior to the WTC attack the involvement of Pakistan in terrorism in India has been noted by the wide world. In fact, much of the evidence came from the US and British intelligence sources. The fact has been duly highlighted in the international media and Indian plaints have been substantiated from diverse source. Pak complicity there needs no reiteration. It is the Pak assertion of having reformed its ways and having become a true discourager, if not an active opponent of terrorism, that has to be established. The onus for proving that its hand have been lately clean is on the Pakistan State and Government. It has to give proof that it is not supporting terrorists, not shielding them, and not continuing its sponsorship of terrorism. All indications, all actions and all evidences point to the fact that Pakistan has not changed its ways. It must practically show that it has. That responsibility is with it. Else, the world has no option but to think that it is still playing with the fire of terrorism and must fact the conflagration it kindles.

Suspect intentions

The arrest of the owner of the First Global, Shanker Sharma ostensibly on FERA violations cannot but be linked to the fact of his being the financier of the famed Tehelka. com whose expose of the corruption in defense deals nearly shook the Government in the early parts of this year. That the expose rankled deep in the Government's mind is not a secret. It still is haunting the Government in one form or the other, though the fast pace of events has pushed much of the infamy into background. However, the mere mention of Tehelka.com brings the basic corruption to mind and the Government does not gain many credit points there. Good old George must be turning in his sleep on the mere mention of the name. Venkitaraman Commission is still working on it and its finding could be a potential bombshell when they are released. Whatever the moral and ethical considerations the basic fact cannot be ignored that Tehelka brought the high stink in the defense deals into the open. That by itself absolves many minor infractions. Public opinion is unequivocal that the investigating team has done the nation a huge good turn.

In that backdrop the arrest of the financial supporter of the web site cannot but be seen as a vindictive action by the Government for the 'crime' of bringing the high corruption to light. It was only after the Tehelka story that the Government had hinted of the FERA violations. Though the Government was trying to defend itself, the fact that it went around fishing out forgotten files to nail the web site and people connected with it, instead of nailing down the culprits against whom Tehelka had provided enough proof, shows that the concern of the Government is not uprooting corruption but sweeping it under the carpet. The action against the owner of the First Global comes through as revenge as well as a warning to other enterprising investigators not to go after the dirty dealmarkers. The fact that the case of violations if any, related to a transaction that had taken place two years ago and that the report about it had been submitted to the Government some 22 months before and lay gathering dust before being shaken up when the Government 'needed' it, shows that all is not transparent about the action being taken. It raises high suspicions of the intentions behind it.

Reforms in the power sector

By Nitin Saxena

Power network is the backbone of economic development. Being a key infrastructure, the availability of quality power in the required quantity would be one of the important determinants in the success of India’s recently introduced high growth- oriented energy policy. Given the capital intensity of the sector and poor financial condition of the SEBs. steps towards power sector reform taken by the Government could not have come a day earlier.

However, the success of the reform programme would largely depend on efficient management of the transition period and pursuance of a transparent policy. The most important component of these reforms is to fix transparent accountability at all levels and increase people’s involvement in monitoring the functioning of all agencies that impact on development. People must be empowered to not only demand results. But also to actively participate in the attainment of results.

It is imperative to address the issue of involving the consumers and their organisations in the power sector reform in various states. This in primarily for the following reason: First, the new electricity regulatory laws have recognised the role of consumer organisations to represent consumers before the authorities. Secondly, power is a basic need and inherently essential for a dignified living. Thirdly, Consumers are ready and willing to pay a little more for a consistent supply of power, if they are assured of it meeting the benchmarks of quantity and quality.

However, to be able to get people to accept the reforms. The regulatory commissions and the respective governments have to address two major apprehensions: that prices will not be raised beyond the paying capacity of the ordinary consumer, and the board employees will not be sacked after unbundling of the erstwhile state electricity boards. Other than these, there are two macro factors. Which need to be borne. In mind: the lack of people’s involvement in the reform process: and poor communication by the governments and the regulatory commissions on the need for reforms.

Let us take the example of Andhra Pradesh, which has a very dynamic chief minister. The power rates were raised by over 120 percent at one go. That led to unrest, agitation and social disarray. Genuine consumer organisations were not invited for consultations. The required public notice or a public hearing was also not done and the ultimate result was that the government had to back-track.

On a contrary, let us take the example of Rajasthan. The Rajasthan Electricity Regulatory Commission while considering the tariff hike proposal of the three distribution companies had organised public hearings in three places to invite the views of consumers vis-a-vis the power tariff hike in addition to this, the government had also advertised that not a single job would be affected, while assuring the consumers that prices will not be raised arbitrarily.

A hike in tariff was effected though. It was only marginal, around 17%. This was done after issuing public notices and after the public hearings. The reaction of the public was mixed, while the urban domestic consumers, did not react to this, the rural consumers, especially the farmers, were irked by this increase.

Overall, the reaction expressed by many consumers was that, the reform process seems to be just. Unbundling of the erstwhile Rajasthan State Electricity Board and increase in tariffs. This is where effective communication strategies. i.e. spelling out the objectives of the reform process more clearly becomes a necessity. Spelling out the objectives clearly.

It is interesting to note that when U.K. embarked upon the reform process privatisation of the power sector, spelt out some objectives five of which referred to the rights of the ,consumers on the other hand, in India, the Government started the privatisation of power industry with the sole objective of getting money from wherever it is available and under any condition, that it is available. The major objective of the power deregulation policy should be to see that the consumer for whose benefit the power sector have been set up, are served. If they do not serve the purpose, they must be modified. As per the existing Electricity Supply Act. 1948, there is a provision for a local area committee to discuss consumer complaints and their redressal. This provision has never been used and consumers have been kept in the dark regarding this provision.

One of the important objective of giving wide publicity to the reform process in the relevant Act under which the State Electricity Regulatory Commissions and Central Electricity Reulatory Commission have been created has not been achieved. The process has also not been spelt out to the people or also what extra rights will be created for the consumers. The consumer feels that reform will lead to increase in tariffs if the reforms lead to a high increase in the tariffs, then the consumers will resist the whole process of reforms. Witness the agitation in Andhra Pradesh. Theoretically, deregulation and privatisation should result in reduction in rates due to higher level of efficiency. In practice however, deregulation and privatisation may not result in immediate reduction in rates, since there would obviously be investments made for system expansion.etc. based on future generation capacities and demands of consumers, current and potential. This fact needs to be highlighted to the consumers.

It is at the stage where the state electricity board is being revamped and a Regulatory Commission being set up, it is vital that citizens are empowered to create the necessary countervailing power in the marketplace. This will ensure that the market functions in a manner in which the citizens are not is illusioned, and that there is no backlash against the process of liberalisation. This is possible through a process of building capacities of institutions and consumer organisations in the reform process. Further, at this juncture where framing prudential regulations are required, which should satisfy the demands of the industry and the ultimate beneficiaries, the consumers would go a long way in creating constituencies for furthering the reforms thus bettering the economic governance and accelerating the development process.
PTI Feature

Fundamentally Right Education

By Lalitha Sridhar

Even as the Lok Sabha unanimously passed the 93rd Constitution Amendment Bill to make education a Fundamental Right for children between the ages of 6 and 14 years, the agitation spearheaded by the National Alliance for the Fundamental Right to Education (NAFRE) has also come to a head.

Twelve conventions held across the country by this coalition of more than 2,000 voluntary organisations have highlighted the need to make education a basic right. At the same time, they have also highlighted the lacunae in the current Bill.

And the campaign has had enthusiastic support from unexpected quarters.

On a freezing cold morning in January 2001, a 95-year-old man marched through the streets of Lucknow, seeking education for his grandchildren. He was one of over 17,000 illiterate ex-bonded mineworkers and carpet weavers who had travelled from the remotest hamlets of Uttar Pradesh, without any financial compensation or reward, clad in thin dhotis (sarongs) and torn saris, braving temperatures of four degrees centigrade to make their point.

Education activists have been protesting because the Bill excludes the under-sixes from the Right to Education and offers neither an express commitment nor a definite time limit for those above and below the stipulated 6 to 14 years age group. Hence, the last week of November saw numerous State-level protests culminating in a rally in New Delhi involving 1 00,000 people from all over the country, which was followed by a hunger strike by 10,000 participants.

The demands comprehensively cover the need to make not just education but quality education both accessible and affordable, arguing that the Fundamental Right to Education should be a practically workable promise and not a politically motivated premise.

The NAFRE movement critiques the Government on limiting the Right to Education to the 6 to 14 age group in a country where 40 per cent of the families live on or below the poverty line. Placing the 0 to 6 year olds in "the State shall endeavour to provide" category amounts to accepting that sibling care responsibilities will continue for the 60 per cent girl children unable to attend school because of it.

Instead, if the term ‘education’ is interpreted as a development process which begins at birth, the State can institutionalise creches which provide a safe environment, nutrition and preventive healthcare leading to smooth enrolment of older siblings who would otherwise be working or babysitting instead of attending a formal school.

Moreover, excluding the 0 to 6 year age group also implies that a child’s critical period of early education remains neglected and childcare workers and preschool teachers will remain a poorly paid, unrecognised category. Similarly, by extending the Right to Education to children over 14, it will be possible to create access to job-oriented life skills besides preventing early marriages and child labour. Reinterpreting the Right to Education will determine the future of roughly 1 1 0 million Indian children - the number of children estimated to be away from school.

The Bill also appears to abdicate the obligation of the State to provide education by terming it a "fundamental duty" of the parents-’-A potential basis for penalisation of poor parents, NAFRE has called for a withdrawal of the clause. Ironically, in the two decades between 1951 and 1971, nearly one million parents, mostly from disadvantaged sections, were prosecuted under state-level Compulsory Education Acts. Ancillary expenses related to sending g child to school are often too heavy a burden an the most deprived.

The campaign also wants to do away with the ambiguity inherent in the present reference which allows the various states to give education "in such manner as the state shall, by law, determine". This could end up justifying cutting corners for poor children like the notorious Education Guarantee Scheme or Alternative Schools. Several states have untrained shiksha karmis (para-teachers) who are paid a pittance of Rs 1,000 (1 US$= Rs 48) per month as opposed to the recommended Rs 5,000. Single-teacher schools and schools run in one room by under-qualified staff under the dubious Education Guarantee Scheme have proliferated in many states.

The landmark 1999 report of the Tapas Majumdar Committee recommended setting aside an additional average of 0.7 per cent of the GDP for the Universalisation of Elementary Education (UEE) as well as to improve its quality. Its modest estimates backed by transparent calculations are cited as ample proof that we have enough money to achieve ideal education. The report has, however, been doing official rounds for the past two years.

Also essential, according to activists, is a clear definition of the term "free" to include games, books, uniforms, meals and special facilities for the disabled.

There are innumerable examples to illustrate the need for education. For instance, the children who live in the ghetto of Narela in outer Delhi have no water, no sewers, no electricity, no roofs and no employment. Yet their mothers’ most vociferous demand is education for their offspring. One year and two Public Interest Litigations (Pils) later, these children were moved to make shift tents with one teacher for three these children were moved to makeshift tents with one teacher for three classes. A concrete slab, which says, ‘SITE FOR SCHOOL’ promises what has still not been delivered.

Seeing this state of affairs, people have started taking action in their own hands. For instance, when Madhevnagar village in the Marathwada region of Maharashtra could not get the primary school the villagers had repeatedly petitioned for, about 300 men, women and children organised a demonstration at the district level office. They did not disperse for six hours until their charter of demands was met a school managed by two permanent teachers.

In 2000-01 alone, 33,435 children across India were enrolled into schools, 437 defunct schools were activated by communities and 272 villages were declared free of child labour because of the movement which has been built around parents who do not want their children to follow their uneducated footsteps. NAFRE's grassroots movement shows how thumb impressions can rewrite futures. (WFS)

Why not the zero-based budgeting

By C. M. Kulshreshtha

The Government is rightly concerned with the need for garnering extra resources. At the same time reduction in Government expenditure has to be considered. Unfortunately the concept of Zero Based Budgeting (ZBB) announced by the Finance Minister in the Budget 2000 has hardly taken off in the different ministries and departments. And predictably so, since the idea had earlier been grounded by Rajiv Gandhi for 1987-1988 Budget.

Ironically the Budget proposals 2001-02 were totally silent on this vital issue. The traditional approach to budgeting is mainly incremental by adhoc increase over the previous year, where as ZBB insists on in-depth analysis of the need of activity – both in the new and ongoing scheme. This, therefore, requires not just an identification of the objectives of the project itself but also an examination of the various alternatives for achieving them.

Selection of the best alternatives through cost-benefit and cost, effective analysis; prioritisation of objectives and progammes by switching of resources and elimination of programmes which have outlived their utility. Even for the sanctioned projects the funds would no longer be treated as immutable but subjected to a fresh examination, now that the expected growth rate is nowhere in sight.

ZBB is thus an integrated planning-cum-budgetary exercise with the active involvement of managers at the executive level. Significantly, the concept has already been abandoned in the West. There were reports that over 12,000 proposals were lying with President Carter for clearance, as he was a great ZBB enthusiast. Little wonder then in India little was achieved beyond a few seminars. The concept was a non-starter due to the inbuilt resistance of the departments. It came as no surprise that the comprehensive questionnaire enclosed with the directive of the Ministry of Fiance (Department of Expenditure) to the other Ministries/departments issued in July, 1986 remained largely unanswered.

Past experience is useful, but times have changed. Alarm bells should start ringing with the Government expenditure mounting. Now, with ready access to the electronic data, software packages can be designed to facilitate decision-making. It is hence but fair to give ZBB a chance despite the prophets of gloom.

In this context it is relevant to note that the Indian Railways is the best suited for implementation of ZBB with suitable modifications, not merely because the finance of the Railways are at an all-time low but because of the inherent strengths of the organisation which already has well laid down procedures for identification of projects after detailed scrutiny and discussions. The present writer had the privilege to head a specially selected task force for ZBB constituted in 1987, comprising the departmental heads of Finance as well as Operations, Engineering – Civil, Mechanical, Electrical and Signalling – and the personnel in the Railway Zones of the eastern sector, namely the Eastern, South-Eastern, North-East Frontier and even the North-Eastern Railways. Despite the obvious difficulties a suitable format could be designed.

At the outset it may be stated that this organsiation already has its objective spelt out in the Corporate Plan of the Indian Railways with detailed Action Plan for each Zonal Railway within the overall framework of the Corporate Plan. Then the decision units and the organisational entities are also identified, namely the Headquarters office of Zonal Railways and the Divisional Railways Managers for selected specified activities. The entire process of the "Budget request" is reflected in the long brain-storming sessions with the executives, finance managers and spearheaded by the Chief of Planning for each item with detailed justification and estimated cost for projects to be submitted in the preliminary works programme. Expenditure on some of the items is pruned while some other schemes are deferred. The entire exercise is completed usually by August each year.

This, in turn, is followed by another round of comprehensive discussions between all the members of the Railway Board and each of the General Manger of the Zonal Railway accompanied with all Heads of the Departments concerned, and again after severe pruning, priorities are assigned in the final works programme. The consolidated "decision packages" approved at the highest level, thus reflecting management perspective, are incorporated in the document popularly known as the Pink Book. This bears the approval of Parliament at the time of the presentation of the Railway Budget.

In 1987 action was initiated on the Eastern Railway to implement ZBB on a limited scale under the Budgetary heads establishment in offices, maintenance of service buildings, repairs and maintenance of plant and equipment. For this a detailed but pragmatic questionnaire was devised for each project to check if this was a statutory requirement, or did it arise out of any codal provision; whether this was a safety work or that one would contribute to better operations; whether the work is on replacement account specifying if modern cost effective techniques have been employed. In view of the deteriorating financial position of the Centre and State Governments, it is necessary that a similar exercise is undertaken immediately to control leakages of funds in various departments. We cannot live and prosper on borrowed money, nationally and internationally. INAV

Economic legislation in Parliament

By K R Sudhaman

It is a well-known fact that democracy is a slow-process polity and it is more so when it comes to economic issues. Our country not only has democracy but also a coalition Government with none too very comfortable majority. In such a scenario, with main opposition Congress breathing over the neck coupled with compulsions of coalition politics, economic legislations crucial for moving forward in the reform process seem to have taken a backseat in Parliament.

There is intent on the part of the Government with Finance Minister Yashwant Sinha in particular declaring before every session of Parliament that it would bring in important economic legislations for early passage. The current Winter Session of Parliament is no exception and just before it started Sinha said Government was committed to the early passage of Fiscal Responsibility bill, Amendments to Industrial Dispute Act and Contract Labour Act to push forward Labour Reforms that he announced in the last budget.

In the last three years only two major economic legislations have been passed by Parliament apart from the Finance Bills and appropriation bills for the budget. They are Insurance Regulatory and Development Act and Foreign Exchange Management Act (FEMA) to replace the draconian Foreign Exchange Regulation Act (FERA). Of course, a few other economic legislations have been passed like, some amendments to companies act. But what is significant is somehow major economic legislations crucial for second generation reforms seemed not to be making much headway in their passage in Parliament. Even the twin legislation of FEMA, Prevention of Money laundering bill has not yet been passed though a Parliamentary select committee, which scrutinized it, has come out with its recommendations.

Recently Government set up a Cabinet Committee on Economic Reforms to hasten the implementation of measures that have already been announced. It is almost two weeks since it has been set up under the chairmanship of Prime Minister Atal Bihari Vajpayee but the committee is yet to have its first meeting. There are a whole lot of economic legislations pending before the Government and one of the purposes of the Cabinet Committee is to ensure how to push these legislation. Sinha himself has repeatedly said that the Second Generation reforms can be carried forward only through legislative measures, which meant going to Parliament. These legislations could be passed in Parliament only when there is consensus as the ruling National Democratic Alliance did not have majority in the Rajya Sabha. The bills could be approved only when passed by both houses of Parliament.

All the major political parties in the country claim that there is broad consensus as far as economic reforms are concerned and that there is no going back on the liberalization process started in 1991. But when it comes to economic legislations, every party seems not to be very keen in their early passage.

Take for example the Fiscal Responsibility bill. The bill was first introduced in the Lok Sabha in November, 2000, that is, the last Winter Session of Parliament. It was subsequently referred to a standing committee headed by Congress Member of Parliament and Former Lok Sabha Speaker Shivraj Patil. The committee recently presented its report in Parliament. The report has watered down the two important provisions of the Fiscal Responsibility bill it has recommended that there should not be any mandatory commitment to reduce fiscal and revenue deficits by 0.5 per cent of GDP annually to bring down fiscal deficit to two per cent by 2006 and revenue deficit to zero by 2005. Also it said there should not be any cap in government borrowing from the Reserve Bank.

Here is a situation where the Finance Minister himself is willing to tie down his hands to effect fiscal discipline but the standing committee feels otherwise. Take the case of Prevention of Money Laundering bill. Here the situation is slightly different. The select committee, which went into the bill, has submitted its recommendations but the government is taking its own time in bringing the bill to Parliament of its passage with necessary amendments incorporating the recommendations of the select committee.

One argument that is always given that these legislations have far reaching consequences and they would have to be thoroughly scrutinized before lawmakers pass them. The argument is fine but if there are any difficulties while implementing their provisions, necessary amendments could be brought before Parliament for taking corrective seeps. So the unnecessary delay in bringing these legislations is not at justified. It only went to show how serious members of Parliament are for legislative business and their pre occupation with politics. That too with Uttar Pradesh Assembly Elections scheduled for early next year, it is unlikely that major political parties all that serious about economic legislations in this session of Parliament. With Ayodhya issue coming into fore again there are bound to be several adjournments of both housesof Parliament leaving very little time for serious economic business.

The Winter Session of Parliament began on November 19 and five weeks have gone by. The only major piece of economic business so far has been the passage of supplementary demands for grants for additional Government expenditure of a little over Re 3000 crore in the Lok Sabha. The other economic legislation that has come up is legislation to amend companies act to replace ordinance issued in late October when Parliament was not in session. The ordinance is to allow buyback of shares by companies. Up to 10 per cent of shares could now bought back by companies with just board decision in a bid to boost sagging capital markets in the country.

The electricity bill is yet another example. It is almost two years since government prepared the draft bill to reform the power sector. The attempt is to tone up the state electricity boards, which are in very bad shape, resulting in inadequate resources for new power projects. Government repeatedly says it is committed to power sector reforms and urgency it deserves. But when it comes to electricity bill, which will have far reaching impact in carrying forward reforms, has remained a non-starter so far. Even the cabinet is to give clearance to amendments so that it could be brought before parliament.

With just two more weeks left, the Winter Session will end like previous two or three sessions without passing some of the important economic legislations and one would start hearing from Sinha that the government was committed to bringing them in the text budget session of parliament. Economic legislations are vital for moving ahead to achieve 7-8 per cent GDP growth and bringing down poverty to five per cent of population in ten years. The economic reforms are important to improve efficiency and utilization of scarce resources.

It is a known fact that government is not a good and efficient spender of resources and with private sector not forthcoming with huge investments needed for infrastructure sector, which has become a bottleneck in the country for industrial and agricultural development,it is all the more necessary that the least Parliamentarians could do is to ensure that the economic legislations crucial for development are passed without any further delay.

 



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