EDITORIAL
Parliamentary
prerogative
The scheme of the
constitution of India divides the governance of the
country in three parts legislature, executive and
judiciary. Though the three limbs are thought to be
nearly equal in their duty and authority, there is a
definite edge given to the Parliament which can be said
to be superior to the other two as their being, and power
does emanate from and culminate in the Parliament. The
superiority of the Parliament comes from the fact that it
is the organ that is the direct creature of the real
sovereignty in the country viz. the people. The
legislature is thus answerable only to two authorities,
the supreme......more
The
poor service!
One did not believe that
the officers of the state administrative service, KAS
were raking in money, or living like rajas of the
yesteryears. But none would believe that their plight was
so miserable as to move the head of this state to make
special announcements for curing their ills, to provide
them gratis funds for an association and allot them
accommodation at the two capitals of the state and....more
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Inherent
bias in
Musharrafs decree By
B L Kak
Pakistans military ruler, Gen. Parvez Musharraf, is
in the news
once again-this time with his action to bar Prime
Ministers from a third term in office. Is he ruling
Pakistan, the Zia way? His decree against Ms Benazir
Bhutto and Mr Nawaz Sharief, to be precise, has triggered
a bitter ....more
Balochistan
at cross
roads
By M Rama Rao
The situation in Balochistan today is comparable to the
scene that existed in our own Nagaland till the Shillong
accord made the state, to quote late B K Nehru, an island
of peace in the turbulent northeast. The willingness of
Th .....more
Terrorism
is always
pure!
By Dr. R.L. Bhat
Deputy Prime Minister L K Advani is seen as a levelheaded
person who would be least bothered with the semantic
sophistry that characterizes the Indian politician today.
Those verbal ......more
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EDITORIAL
Parliamentary
prerogative
The scheme of the
constitution of India divides the governance of
the country in three parts legislature, executive
and judiciary. Though the three limbs are thought
to be nearly equal in their duty and authority,
there is a definite edge given to the Parliament
which can be said to be superior to the other two
as their being, and power does emanate from and
culminate in the Parliament. The superiority of
the Parliament comes from the fact that it is the
organ that is the direct creature of the real
sovereignty in the country viz. the people. The
legislature is thus answerable only to two
authorities, the supreme constitution and the
sovereign people. The premise is that this
accountability to the people would make the
Parliament most sensitive to the feelings of the
public. That itd mould itself, its opinions
and working accordingly. That while the other two
wings may not gauge the peoples perceptions
or cares. the representatives would perforce be
responsive to them.
Now that looks a
very wholesome reasoning: peoples
representatives would be most sensitive to the
popular feel. Yet, we have the spectacle of these
representatives being rather indifferent to the
people while it is the judiciary that appears to
have its fingers directly on the popular pulse.
If the countless PILs are any indication,
judiciary is the organ that is in direct touch
with the people, who appeal to them when they
cannot get their representatives, or the
Government formed of them and accountable to them
directly on a day today basis, to answer their
concerns. The latest confirmation of
this proclivity comes from the Supreme Court
directions on the money and muscle power in the
elections and the manner in which the
representatives in the Parliament are
trying to waylay it. A statutory constitutional
authority like the Election Commission has been
more aware of the popular feel on the issue than
the Parliament, which is all set to twist and
turn the directions in their own private and
political interest. The last time one saw
Parliament getting refractory to the people and
receptive to political considerations and
compulsions was the famous Shah Bano case where
it overturned the relief provided to a helpless
widow.
Today it is a
helpless India that is being left in the lurch by
the direct representatives of the
people of India. Much of the corruption, nepotism
and misgovernance can be traced to two sores, the
money and muscle power in the elections. They
bring in countless abnormalities of
action-inaction, omission and commission in their
wake. In all that it is the common citizen who
suffers. The most effective way to uprooting
these evils would be to reform the election
process and banish the money and muscle from it.
The Supreme Court with its ruling and the
Election Commission in its follow up directions
accomplished the hard job with the simple
expedient of making the political aspirants to
state on oath their assets and accusations, which
were to be made public. The directions were
simple and effective. They could be easily
implemented. The least the government and the
Parliament could have done was to let them work.
But no. It wouldnt. And by a full
concurrence of each one of the three-dozen
parties and five consensus with hundred and odd
members the house rejected it all! The last one
heard of the issue was that the government with
the full support of the Parliament is finding
ways to defeat the supreme court ruling and the
EC directive with a prevarication of a law, that
would make all the needed noise but do nothing to
end the menace.
The
poor service!
One did not
believe that the officers of the state
administrative service, KAS were raking in money,
or living like rajas of the yesteryears. But none
would believe that their plight was so miserable
as to move the head of this state to make special
announcements for curing their ills, to provide
them gratis funds for an association and allot
them accommodation at the two capitals of the
state and order that legislating be brought in
immediately to ameliorate their plight. People
usually associate these privations with the low
paid employees in the class III or class IV
categories. The administrative people are the
ranking officers making, breaking and
implementing decisions. It is to them that people
take most of their problems; they dispense most
of the funds as well as allocate expenditures of
the Government. They enjoy a status and say that
all the other employees crave for, all their
tenures. It could be a comfort to these people to
know that their superiors the KAS are beset with
problems too, but it just is not the case.
There are much
senior people, in say the education and heath
services, who never see so much authority, power
or prerogative as an ordinary and much junior
Service officer enjoys. Most of the times they
are forced to kowtow to them, many times with out
reason. In departments like health, agriculture
and animal husbandry officers in gazzetted cadres
have not seen a single promotion for the last
twenty years or more. They are the ones who face
stagnation. It is there that the
lack of promotional avenues is
sapping morales and actually affecting
their functioning. Many of these officers are
functioning from makeshift places instead of
proper offices. Residential accommodation is a
far cry there. Service problems logistic,
functional and psychological are very
grave there. They are also the ones responsible
for the developmental activities. Yet, they do
not enjoy even adequate operational freedom for
their functioning. These are the issues call for
the Chief Ministers concern, whose service
matters need attention, whose day to day working
needs be facilitated. At least, along with the
measures for amelioration of the
problems of KAS people.
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Inherent
bias in Musharrafs decree
By B L
Kak
Pakistans
military ruler, Gen. Parvez Musharraf, is
in the news
once again-this time with his action to
bar Prime Ministers from a third term in
office. Is he ruling Pakistan, the Zia
way? His decree against Ms Benazir Bhutto
and Mr Nawaz Sharief, to be precise, has
triggered a bitter controversy. Indeed,
the flak it has drawn, domestically and
internationally, is indicative of the
inherent bias in the decree.
The decree
is clearly aimed at preventing Ms Bhutto
and Mr Sharief from participating in the
elections Gen. Musharraf has promised to
hold in October. It has put a question
mark on his very intentions so far as
restoring democracy in Pakistan is
concerned. Critics say that, despite the
promise of polls, Gen. Musharraf is
trying to ensure that he retained power
over any future Parliament and Prime
Minister in his country.
Can the
ambitious military ruler deny that by
resorting to such tactics he is only
weakening his own claim to legitimate
power? There is no denying that nearly
three years of his rule has failed to
give him the legitimacy he needs to
remain in power without going down in
history as yet another military ruler who
stifled democratic polity and
institutions to further his personal
ambitions. Even the referendum he held
earlier this year was marred by
controversy in the shape of allegations
of official interference, depriving it of
the constitutional sanctity he had hoped
to acquire for himself through the
exercise.
The people
of Pakistan, as well as the international
community, had, obviously, hoped that
Gen. Musharraf would make amends by
ensuring a free and fair general
election. But his recent actions,
culminating in the amendment that
effectively bars the return to power of
Ms Benazir Bhutto and Mr Nawaz Sharief,
have belied those hopes. That his decree
is part of a systematic campaign to
ensure his continuation in power is
evident from the developments that
preceded the latest amendment to
Pakistans law.
Gen.
Musharraf, had, just the other day,
announced proposed constitutional
amendments that would give him the power
to dismiss the Cabinet and Parliament and
shorten some of the terms. It does not
take much intelligence to fathom the
motive behind these actions. All these
are steps that will give him unbridled
power to conduct the polls the way he
wants to, and pave the way for him to
impose a puppet Government on Pakistan,
while retaining full control of all
authority even after the elections. In
doing this, Gen. Musharraf is merely
following in the footsteps of the last
military ruler of Pakistan, Gen.
Zia-ul-Haq.
Gen. Zia
had decided that he would continue to
wield power only so long as he continued
to don the military uniform. Gen.
Musharraf, it seems, is doing precisely
that. He also seems convinced that the
Westminster-style of democracy does not
suit Pakistan. He does not disagree with
his fellow military men who believe that
the Army is a political reality and to
avoid regular military interventions, its
role in the decision-making process must
be concretized.
Pakistan
had Field Marshal Ayub Khan attempting to
legitimize his regime through what he
termed as Basic Democracy
system and the Constitution he
promulgated in 1962. The average
Pakistani hasnt forgotten that Gen.
Yahya Khan had his Legal Framework
Order of 1969 under which elections
were held in 1970. But before handing
over power to a civilian Government he
plunged Pakistan into a political crisis
followed by the war which led to the
separation of East Pakistan and birth of
Bangladesh.
Then came
the Eighth Amendment from Pakistans
yet another military ruler, Gen.
Zia-ul-Haq. His obvious attempt was to
retain control over the state machinery.
Recently, Pakistans influential
English daily, Dawn, recalled that
all these were devices to ensure that
each military ruler retained his hold on
power and could not retrospectively be
held accountable for his abuse of
authority while in office. Whether the
autocratic rulers succeeded in saving
their skin after they stepped down is a
vital question. But of long-term
significance was the impact their
constitutional changes had on
Pakistans political, economic and
social structures.
With every
such phase Pakistan has experienced,
matters, the publication insists, have
gone from "bad to worse". Hence
the public trepidation at the latest
constitutional package being thrust on
Pakistan. Some measures in it might be in
the interest of the people of Pakistan,
such as the lowering of the voting age
from 21 to 18 years. But many others, the
publication has pronounced, "are
definitely designed to institutionalize
the role of the armed forces in the
political system of the country and give
extraordinary powers to the President in
the new dispensation".
There is
no denying that Pakistans is a
deeply fragmented, stratified and
polarised society. It is a fact that the
absence of a steady and uninterrupted
political process as well as decades of
elitist and short-sighted socio-economic
policies have left Pakistan sharply
divided between the haves and the
have-nots. Gen. Musharraf himself will
find it difficult to challenge the fact
that while there has been an increasing
concentration of wealth, the masses have
been steadily pauperized. Equally
irrefutable is the fact that political
power in Pakistan has remained in the
hands of the privileged classes who have
used it to perpetuate their hold on the
state machinery and enhance their
fortunes and influence.
Three
measures among those announced by Gen.
Musharraf will widen the division between
the privileged and the underprivileged
even further. One is the academic
qualification condition for candidates
desirous of contesting elections to the
assemblies. The second is the mode of
election of the women candidates. The
third is the provision for a National
Security Council.
What lies
at the core of the current crisis in
Pakistan is the alternative view that
power rather than the high principle is
the motive force of Gen. Musharrafs
military presidency that seeks to
perpetuate itself. His opponents are
driven by their strong belief that many
of his proposals are designed to create a
new Parliament which will then be used by
him as a rubber stamp
legislature to legalise them with
retrospective effect. And as the balance
of power in the prospective National
Security Council will tilt overwhelmingly
in his favour as the imperious military
leader, the proposal hardly qualifies to
be seen as a diktat for an apolitical
instrument of checks and balances in
governance
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Balochistan
at cross roads
By M
Rama Rao
The
situation in Balochistan today is
comparable to the scene that existed in
our own Nagaland till the Shillong accord
made the state, to quote late B K Nehru,
an island of peace in the turbulent
northeast. The willingness of Th Muivah,
leader of a NSCN faction, who had gone
out of the peace process, to come to
Delhi, shows that the North Block efforts
are paying off. Interesting aspect of the
development is that Zoramthanga, the
Mizoram chief minister, and a one time
'rebel' himself, played a crucial role in
bringing Muivah and his colleagues to the
negotiating table.
Power
doesn't flow through the barrel of the
gun, always. People's aspirations and
grievances can be addressed only through
the political process, not through a
reign of terror and repression. That
India had learnt the lesson quite early
in the day is clear from New Delhi's
willingness to walk that extra mile to
address the needs of the northeast.
From what
is happening in Balochistan, it is clear
that Pakistan's military junta has no
clue as to how it should proceed in the
homeland to some five hundred tribes.
Otherwise, the regime would not have
directed its army and air force to lay a
seize of the whole of Dera Bugti district
to 'teach a lesson to the tribal
chieftains who dared to defy the Federal
Authority.'
Bugti, the
district headquarters, is a town of some
fifty thousand people. Whatever be the
provocation and whatever be the gravity
of the provocation, blocking water and
food supplies and disconnecting telephone
and electricity is a punishment no
civilised Government will inflict on its
own people unless of course the powers
that be view the 'trouble as an open
rebellion' and thus 'a direct challenge
to the established authority'.
Obviously,
Islamabad decided to turn the screws to
make the people to fall in-line. Such
repressive measures have not yielded any
desired results anywhere in the world.
And Balochistan is no exception. In fact,
the fiercely independent Balochis have
been resisting all attempts to subjugate
them right from the time of the first
marshal law ruler, Ayub Khan.
The latest
military offensive has ignited serious
resentment and anger through out the
province, the largest of four provinces
in Pakistan. The Balochistan Rights
Movement (BRM) and Balochistan Voice (it
is running a web site to sensitise world
opinion to Balochi plight) have
threatened to take their case to the
newly established International Criminal
Court at The Hague 'in order to hold
accountable the army generals responsible
for carrying out gross violations of
human rights of the Baloch population,
our loss of life, plunder (looting) of
wealth and non-existence of fundamental
civil rights'. If they succeed in
carrying out their threat, then the
Balochi's would be the first case to be
brought before the ICC.
The
provocation for the latest round of
trouble in Balochistan was attacks on gas
installations. Dera Bugti is the energy
capital of Pakistan. It has immense
hydrocarbon reserves. These riches have
not brought any benefit to the locals.
Nor is the fact that the region accounts
for 15 per cent of the country's energy
needs. The locals have been demanding
through their traditional chieftains
(Sardars) employment to the sons of the
soil and no further Punjabisation of
their land.
The Oil
and Gas Development Company Limited
(OGDCL), one of the official agencies
engaged in exploration, claims it is more
than liberal in doling out doles.
Surprisingly, for a government company,
it has no hesitation to openly proclaim
that it has paid bribes to the Sardas but
their greed was unsatiated.
''The
chief of the Bugti tribe was paid Rs 200
million under an agreement on account of
land acquisition, royalty, water charges,
use of roads linking to Pirok and Looti
areas during the last three years'', says
the company. In March this year, it adds,
the chief was paid Rs 80 million but he
was demanding more and asked the local
employees to strike work. His followers
attacked a gas field, injured a Frontier
Constabulary (FC) Jawan and kidnapped two
others. A Chinese seismic survey is in
jeopardy as the stand off between the
Government and the tribals continues.
Well,
these are serious charges, no doubt but
hold a mirror to the mindset of the
industrial-bureaucratic-military complex
which doesn't have the vision to see
beyond the colonial practice of divide
and rule in tribal areas. Smelling
conspiracies and sensing ethnic wars even
in matters so mundane as
labour-management disputes is a natural
corollary.
Whoever is
the author orchestrating the latest
campaign will do well to remember that
Pakistan will have difficulty in facing a
second amputation in three decades. Who
has given him the right to brand the
Nawab of Bugti a blackmailer, a traitor
and a terrorist? To demand development
and to stake a claim to natural mineral
wealth is their natural right.
Expert
view is if the proceeds from natural gas
are used locally, even at the current
below market-price level, annual revenue
of not only Bugti but of entire
Balochistan will go up at least ten fold.
As of now, this province is a basket
case. The budget for the current fiscal
(2002-03) shows dependence on federal
transfers totalling Rs 24.89 billion.
Local revenue receipts are a paltry Rs
1.53 billion.
Unlike
East Pakistan, which remained a colony
till the day of its liberation,
Balochistan is a vital for Pakistan's
existence, politically, economically and
strategically. There is another aspect to
tribal politics. About forty percent of
the Pakistan army and about 95 per cent
of the Frontier Constabulary are made up
of tribals from Balochistan, Waziristan
and other agency tracts. The GHQ is not
unaware of the ground realities. And this
fact explains the half hearted attempt at
'mopping up operations' against Al Qaeda
in Waziristan. As Majid Qazi, a columnist
of the Balochistan Post, remarks,
tribalism and feudalism today stand
equated with nationalism in the tribal
hinterland owing to the follies of
Islamabad.
Tarique
Niazi, who teaches Environmental
Sociology at the University of Wisconsin,
describes the Nawab Bugti in the eye of
the storm for yet another time, as 'a
democrat, who is not given to
parochialism', a feature of Pakistan
politics. The Nawab never shook hands of
a military despot though Pakistan has
been home to military rule for most of
its existence as an independent nation.
''A man of
such integrity deserves a gun salute, not
gun fire'', the professor lamented in a
perceptive op-ed artice, ''Making peace
with the Bugtis,'' in the Balochistan
Post a few days ago.
For us in
India, the developments in Balochistan
are of immense interest. But we do not
known much about it. Our media seldom
focuses attention on the area. In fact,
reports in the mainline Pakistani press
also are very sketchy. Only a clamity or
a violent demonstration brings the area
in momentary limelight.
For the
Pak rulers as also the Pak media,
Balochistan is a no man's land, 'where a
only blade of grass grows'. One report,
very sketchy indeed in the Daily Times,
tells that loot and plunder are rampant
in Balochistan. With 'law enforcing
agencies turning a deaf ear to the
complaints, dacoits loot trucks, buses
and oil tankers in broad day light'. Main
life line of the region, Quetta-Karachi
highway has become prone to dacoities.
A local
journalist, who wrote on the law and
order scene in his paper, is facing
music. A case has been slapped under
Maintenance of Public Order (MPO) against
him and he is made to cool his heels in
the jail.
Human
Rights violations are not new to
Balochistan. As things stand, these will
not and unless President General
Musharraf takes notice of Tarique Niazi's
warning: ''I ask the General to call off
the military operation. If he goes ahead
with it, he may not be here to regret it,
but Pakistan and its people will.''
The
Balochvoice and Balochistan Rights
Movement are more explicit. ''The
Pakistani establishment has continuously
suppressed, violated and subdued the
Baloch people and looted their motherland
systematically and progressively and the
world has turned a blind eye to the
crises in Balochistan. But now the Baloch
have pinned hope on the international
community especially the human rights
defender and other organizations who work
for justice and equality in today's
Global Village. The Punjabi establishment
should be warned that the Baloch have
realized through years of repression and
suffrage at the hands of the Punjabi
Pakistan that together we stand and
divided we fall''. (Syndicate
Features)
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Terrorism
is always pure!
By Dr.
R.L. Bhat
Deputy
Prime Minister L K Advani is seen as a
levelheaded person who would be least
bothered with the semantic sophistry that
characterizes the Indian politician
today. Those verbal refinements commonly
become fine-tuned obfuscations to defeat
the Indian State in tackling the issues
in any effective way. The maze of
theorizing, not uncommonly coloured by
the underlying politicking needs, have
often deflected this State from
fulfilling its promise. Ordinary crime is
seen as a class intent, plain offenses
are coloured with political tints and the
result is that ordinary application of
law and order becomes a political issue
that neither gets implemented not applied
but provides enough grist to the
political mill for more politicking. It
may not be said of all the cases but much
of the derailment of the idea of India
has come about through this sideways
shunting of the intents and actions.
Indeed, the promise of BJP was that it
would not go around the bush beating
imaginary ghosts but would bring in an
air of action. That was what the 'party
with difference' was taken by most to
mean. That promise has not come about.
And after a goodly stint in power we have
as earthly a person as Advani curling his
phrases with fine turns.
Thus his
declaration that the recent Rajiv Nagar
massacre was 'pure terrorism' shows that
there is either a misunderstanding of
terrorism in the highest echelons of
power in this country or an intension to
shift the meaning of terrorism itself.
After being confronted by the menace of
terrorism for years one expects India to
be clear about the meaning and intent of
terrorism. Terrorism is not an ordinary
crime. During the recent debate on the
Prevention Of Terrorism Act, that was
what the whole confusion was all about.
The argument that the Government had
enough laws to deal with terrorism was
flawed at the base because terrorism in
not a usual crime. It is a super crime, a
class by itself, which does not recognize
or follow the course of the normal crime.
It accordingly would not be, has not
been, tackled with the normal laws. One
can think of mafia-type of crimes, which
closely resemble terrorism but they are
still different. At the very least the
mafia don wants to live in the society,
attain to the ideals the society respects
and wants to be accepted by the society.
The norms and notions of society matter
to him though he may flaunt many of these
in his criminal acts.
Terrorism
is beyond society, beyond reckoning. The
approbation of the society is not what a
terrorist seeks. The terrorist is out to
wreck the in-force law and order
machinery, upturn the polity and enforce
the ideas, which motivate him. The
terrorism that India and the world is
presently confronted with, is derived
from an exclusivist fundamentalist idea
that seeks to transform the whole world
or at least the part it can in the way it
has decided are the best. It leaves no
space for tolerance, for accommodation or
for compromise with the other polities or
societies. It would not relent, would not
come to agreement except on its terms,
which imply on its dictations. There, of
course, are many ideologies that carry
this tent o self-righteousness. Many of
them also consider themselves to be the
exclusive in their truths and
dispensations. Those that employ terror
as the mans to coerce other human beings
into following their thoughts and dictums
are what we know as terrorists. They want
to bring about the changes, which they
deem are the best and ordained, by simply
silencing the opposition with the terror.
All who do
not go their way are the opponents. All
who seek to teach or talk of the
tolerance and brotherhood of mankind are
either cowards or else conspirators, in
their eyes. There are only followers and
enemies in their reckoning. The enemies
are to be killed; the followers must be
ready to do that holy job. They are out
to demolish all opposition to their cause
and idea, with the power of guns or the
annihilation of the atomic bombs if
available. That is their devotion, that
their motivation. Everything that
furthers the idea is a nice strategy, a
suitable weapon for them. That all-out
finality of decision and truth is what
makes terrorism a challenge for the
world. It seeks to snuffle all the other
ideas in the world and to enforce its
singular pattern of thought and act. That
is the reason there simply are no alibis,
no reasons, no justifications for
terrorism. It is fully and certainly
settled on its 'truth'. It is equally
settled about its weapon the terror. That
truth of terrorism has to be seen in its
full implication if the world is to be
one in eradicating it.
The
world's total abhorrence for the Nazism
came because it had similarly exclusivist
premises and conceptions. But terrorism
is even more threatening because it does
not to feel even the need to 'prove'
itself or its pronouncements. It has no
seeming need to invent alibis for the
superiority of its thoughts or to
substantiate its truth. It, therefore,
would not do to confuse it as simple or
complex, pure or impure. Terrorists may
indulge in destruction, loot and rape but
these are neither its essentials nor its
intent. Mohammad Atta spending the night
before WTC-attack in purifying himself or
the drugged-drunken Fidayeen who mounted
daredevila attacks in Kashmir mean little
there. Nor do the bank robberies, the
foreign funds, and other 'incentives'.
They are all instruments, means like the
guns to facilitate item in wrecking what
they have decided upon. That is why there
are no good or bad terrorists. That is
also why the American distinction between
'their terrorists' and 'ours' is a
betrayal of the world resolve to wipe out
terrorism. It certainly would not to
confuse, or misunderstand, or mistake
terrorism for what it is not, what it
can't be.
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