Daily Excelsior... Editorial

The Professor opens our eyes
By: Arun Shourie

Every year from the 14th of November -- Pandit Nehru's birth anniversary -- the National Book Trust organizes a Book Week. .......more

US-Iraq confrontation
By : Dr Jagdish P Sharma

it was with a collective sigh of relief that the Arab world, Russia, France, China and India greeted ....more

Constitution amended unconstitutionally
basic structure destroyed
By : Justice V G Palshikar

It has been universally accepted truth that the Constitution of a country whether written or unwritten should always be a dynamic organism meant for firm establishment of.......more

Doctorates for Jayaprada
and Balayogi withdrawan
From B L Kak
MEN AND MATTERS

The Lok Sabha Speaker, Mr GMC Balayogi, and actress-turned politician, Ms Jayaprada, had prepared ...more

EDITORIAL

POLITICS OF CONSENSUS

Individual party stands, preferences, expediencies, opportunism and priorities notwithstanding, it is certain that only politics of consensus can take the country forward in almost every field. This is all the more important and crucial in the coalition culture when none of the parties command even simple majority in Lok Sabha while the picture in Rajya Sabha favours opposition rather than the ruling alliance. It is precisely because of lack of consensus on all important legislative measures that many important bills have been aborted session after session. The problem becomes all the more acute once the legislation relates to constitutional amendments which need two-third majority. This implies that unless there is prior consensus on any legislation, be it even based on simple majority concept, no measure could be through.

Having realised the futility and adverse impact of being non-governing when no legislation has been possible on any crucial, issue howsoever much -hyped and important for some, BJP-led alliance is now busy taking vital initiatives to arrive at some sort of consensus on many bills that have been subjected to delays, non-introduction after clearance from select committees and/or resultant abortion due to noisy scenes and abrupt change of stands by many parties at the eleventh hour. First such consensual approach is on the Insurance Regulatory Bill. After wide consultation with all the parties in free and frank discussion, the bill is now sure of mustering requisite numbers to become law with minor amendments. It has been felt by majority of the parties and their MPs that the bill is reformative and needed to invite massive FDIs (Foreign Direct Investment) to take the country into the next millenium confidently as prospective economic giant.

The second bill relates to Women's Reservation in Parliament and State assemblies to the tune of 33%. This bill has faced many ups and downs right from its inception even after it was cleared by the Select Committee of Parliament. In last session many castiest zealots and self-proclaimed messiahs of minorities resorted to most unbecoming rowdism when bill papers were snatched from the Law Minister. Congress had made specific commitment to support the bill but at the eleventh hour changed its mind leading to failure of the bill at the introduction stage itself. It really augurs well for the parliamentary democracy that ruling party has decided to interact with all the parties to arrive at some sort of consensus. They have agreed to introduction of the bill as cleared by the Select Committee. As on now, Congress is committed to support it and to that extent passage of the bill should not pose any problem. There are however persistent demands for reservation within reservation for OBCs and minorities which is however not the recommendation of the select committee. That means there shall be healthy discussion, some amendments to include other categories and it is indeed upto Parliament to pass or reject such amendments. There is also a very vocal demand that 33% is too much on the high side as it would indeed difficult to find that much number of women candidates suitable to become legislators or MPs. Thus, amendment to reduce the overall quota for women's reservation to say 15 or 20% is also on cards. Here again, it is upto Parliament to accept or reject such amendment. So the ultimate shape of Women's Reservation Bill likely to be introduced anyday could indeed be different from what has been approved by the Select Committee as regards percentage of reservation and creation of quotas for certain categories of women. The most pertinent thing to be noted is that Bill would be through and this has been possible because of consensual approach now adopted by the ruling party.

The third item that awaits consensus relates to election of Deputy Speaker. Present House i.e. 12th Lok Sabha is already 8 month old but remains without the Deputy Speaker. Congress has been claiming the slot because of the convention that Deputy Speaker post goes to the opposition party. They have projected PM Syed as the candidate. But BJP wants it for itself because Speakership was surrendered by it in favour Telugu Desam candidate in return for support of the party in Lok Sabha. To that extent Speaker indeed has gone to the ruling party and in healthy democratic traditions post of deputy speaker must go to the opposition. BJP alliance partners like AIADMK and Trinamool Congress are also in favours of Congress sponsored candidate. Sheer number game apart, politics of consensus demands that BJP follows the healthy tradition of electing deputy speaker from the opposition party as this august office cannot be left vacant due to political expediency of the ruling party or whims of the opposition. This would also open the way for clearance of more important legislative measures including electoral reforms. Prior consensus would save precious time of the MPs on frivolous abortions and delays.

FAKE CURRENCY

While J&K Cops who burst the fake currency racket in valley deserve a pat, it is ironical that the gang succeeded in letting fake currency circulate with reckless ease. According to nabbed kingpin, currency worth Rs. 50 lakh has already been printed by him on a single machine. It has obviously been funnelled into sustaining militancy which includes allurements to new recruits as also making other provisions. There are also reports of fake currency in circulation all over the country, national capital included. To that extent, ISI hand appears to be visible not only in J&K but also other nerve centres of the country. As far as gullible layman is concerned he has no means to verify the genuineness of the notes received by him or paid by him for his requirements. Only specialised agencies and well trained banking personnel can be of help in checking the widespread menace. Circulation of fake currency has disastrous consequences on at least three counts. First, it subverts the economy as a whole with parallel currency playing havoc in every field. Second, it costs the enemy almost zero amount to sustain militancy. Third, it is the poorest section that might be the ultimate victim of losing as and when the fake note in their hands are detected. Worst still is the report that the machine which has turned out 50 lakh worth of currency costs as little as Rs. 80,000/-. It is very much possible that many similar machines are indeed in operation. Easy access to machines, easy money making, easy means to circulate are instant attractions and good incentives for anyone, not necessarily terrorists to go for the fast buck the easiest way. Better ban production, sale and possession of machines that turn out the fake currency besides opening a special expert cell for very close scrutiny and follow-up for stopping such reckless printing of fake notes.

The Professor opens our eyes
By: Arun Shourie

Every year from the 14th of November -- Pandit Nehru's birth anniversary -- the National Book Trust organizes a Book Week. Lecturers, symposia etc. are arranged in different cities around themes connected with books. Abu Abraham -- the well-known cartoonist, Sonal Mansingh -- the famous dancer, Dr Ved Prakash Verma -- Professor of Philosophy at the Delhi University, and I were invited to participate in the function at Delhi.

No one was listened to with as much attention as Dr Verma. He opened our eyes -- to a world few of us bother to know.

"So as to save time I have written out my speech. It will take me no more than 20 - 25 minutes to read it out," Dr. Verma began. A conventional beginning, you might think. But the words immediately gripped the packed hall. For Dr. Verma is blind.

We are not accustomed to hearing those words -- that he had written out his speech....., that he would read it out --- from a blind person. Dr. Verma then opened the Braille folder and, with his fingers passing over letter after letter, began to read his account.

He has such delicate hands -- his fingers barely touched the embossed words. His diction was ever so clear, his presence so self-possessed. There was not a trace of self-pity about nor of anger at his handicap. Neither of boasting at the extraordinary way in which he has overcome the impairment. It was a simple, straight-forward account. Therefore, breath-taking.

And I was soon to learn, that those unexpected words -- I have written my speech, I will read it out -- were literally true.

As I listened to him, I thought: I must reach his account to the lakhs and lakhs of readers of papers that are kind enough to publish this column. So, a few days after the function, I contacted Dr. Verma through the NBT. Could I send someone to take down the next of his Braille script?, I asked. That will not be necessary, he said. I write all my books myself -- in Braille first, and then type them out myself, first in English and then in Hindi. Sure enough, a few days later I received the text -- neatly typed, without so much as a proof-reading error.

Please do read the account. It deals with a world to which we are blind. It teaches us the meaning of fortitude. It puts us to shame: with the largest number of blind persons in the world, we have not done even the elementary things for them --- notice what, that easily remedied impairment, the paucity of books in Braille, means. And it teaches us that each of us can be a world to the handicapped -- notice what Dr Verma's younger brother, his parents, his wife have meant to him.

Dr Verma first set out the importance of books in general. He then narrated what books have meant to him. Here is what he said on the second point.

Dr Verma's speech: I now turn to the role books have played in my own life. I may mentioned here at the outset that I lost my eye-sight in very early life -- when I was just nine or ten months old. I do not, therfore, remember exactly when I started reading books through Braille system. I, however, do remember even now that my younger brother sometimes used to read out his school to me during my childhood. I think I was then six or seven years old when I started enjoying the reading of books by my younger brother. But this could not continue for long, since, after a year or two, I was made the disciple of a Sanskrit scholar who provided me with oral religious education at his own residence. I then memorised seveal chapters of Bhagvad Gita and also listened to the long stories of Ramayana, Mahabharata and many Puranas. Thus, I had to devote virtually the whole of my time to this verbal religious education, and therefore my two younger brothers could not get the opportunity to read out their school books to me. Moreover, I had not then learned to read and write through the Braille system during those days of my childhood.

So far as I can recall now, I started reading some primary school books through the Braille system after being admitted to the Institution for the Blind at Amritsar when I was about ten or eleven years old. In fact, my formal education began at this school where I studies for about six years. Fortunately, this school had a small library of Braille books which were given to the students for reading after school time or one holidays. During the period of my study at this school, I read virtually all the books which were then available in its library. It is here that I first formed a good habit and hobby of reading books in my leisure time, and I still continue to do so even now.

At this school I read the books on various forms of Hindi literature and also on some important social subjects including the functions of human body organs. Here I greatly enjoyed reading the novel, Mukti-Path, by Shri Ilachandra Josh, a reputed Hindi novelist. This, ineed, was the first literary work I enjoyed in my life, and it created in me a keen interest in literature which still continues unabated. The extensive reading of books at the above - mentioned school increased my knowledge to such an extent that, later on, after leaving this school, I passed the matriculation examination with five subjects as a private candidate within just one year. Even before passing this examination, I had acquired good knowledge of English language by reading books on English translation and grammar. This knowledge of English greatly helped me throughout my educational and academic career. The two books which played a crucial role in my life during this period of my primary education were Desh Darshan, by Shri Shiv Nandan Singh Thakur, and English - Hindi translation, by Shri Daulat Ram. Both were written some time in early 50's, and they provided me with essential knowledge of human affairs and the English language which immensely contributed to my later achievements after leaving the school.

The greatest problem, I like all other blind students, had to face was the paucity of books in Braille pertaining to the syllabi in our school at Amritsar. All the students of each class had only one copy of every book which they had to share among themselves. Consequently, we could hardly get a book to read after the class and had to be satisfied with hearing our lessons only in the class itself. I still remember that, when an absolutely essential books was provided to us in Braille after school hours, I had to get up very early in the morning -- at about 3 A.M. -- to ready my lessons in that books which I was supposed to return to my class fellow at about 4 or 4.30 A.M. That is how we used to read our school books during those days. I continued to face this problem of the paucity of Braille books throughout my whole academic career from primary education to research and teaching at the university. This, of course, has been very inconvenient, but, at the same time, it has taught me to attach the highest importance to books in my life. For instance, I still possess an English Dictionary in Braille, consisting of 12 volumes, which I purchased from England in 1950. Similarly, I have carefully preserved many Braille volumes which I had myself prepared for my M. A. Philosophy examination in 1959-1960. Thus, a book for me, is a precious thing which is to be handled with great care and respect.

My love for reading books started increasing when I began my formal secondary education after leaving my school at Amritsar. In 1953 I decided to pass matriculation examination in order to get admission to a college alongwith normal students; and for this purpose I had to read books on Hindi, English, economics and political science besides music which I had already learned in my school. For this extensive reading I had to depend mainly on my parents who greatly contributed to my success in this examination. Since Braille books were not then available to me and I also had no time to take notes in Braille myself, I had to remember whatever I read as far as possible. This indeed, was the only way for me to receive higher education at college and university level which, at that time, was considered to be virtually impossible for a blind student.

But, once I got admission to a college, I started transcribing my course books in Braille myself for deeper and more serious studies. I never thought for recording my books, because cassette recorders were not then readly available. Moreover, I believe that poetry, drama and some other forms of literature cannot be thoroughly grasped by merely listening to them. Similarly, a cassette recorder is not very helpful for profound research and teaching as well. I, therefore, still do not use cassette recorders for my academic studies, and I depend on reading Braille books for this purpose. As a matter of fact, I have always been enjoying reading books through Braille; and I remember that I used to feel highly delighted when I transcribed a book in Braille which I could read myself. Two books specially influenced me during the period of my studies for what was then known as the "intermediate examination" and what is now called the "12th class examination". These books were Our Growing Human Family and Acchi Hindi, written by Shri Minoo Masani and Shri Ram Chandra Verma respectively. The first provided me with some knowledge about the history of the evolution of man and the second taught me to write and speak Hindi in a grammatically correct way. I, therefore, still remember those books for their important role in my life even after more than forty years.

When I embarked upon my studies for B.A. Examination, I had to read many books on Hindi literature, English literature and Philosophy, and I read all of them with keen interest. During this period I specially enjoyed the plays of Shakespeare, the novels of Hardy and some scholarly books on Hindi literature by Shri Ram Chandra Shukla. I read all these books not merely to pass the examination, but also to increase my knowledge on these important aspects of human life. It is for this reason that all these books have played a significant role in my life. My mother and two younger brothers considerably helped me by reading out to me all these books which were not available in Braille.

While studying Philosophy for my master's degree, I had to read at least six or seven books for each peper, and for this extensive reading I was greatly helped by my mother and two younger brothers. These books by and on great Indian and Western philosophers considerably influenced my views and radically changed my outlook on life and the world. It would not be an exaggeration to say that these books enlightened me and shaped my life by inculcating in me a naturalistic outlook and scientific temper which guide my whole life even now. I became keenly interested in moral philosophy and began to read the books on this subject by such great philosophers at Hume, Bentham, Mill, Sidgwick, Kant and Russell who considerably influenced my views and life.

During the period of my research for the Ph.D. degree at Delhi University on a topic pertaining to moral philosophy I was required to read the latest journals and books on this subject. I had to take the help of some paid readers for this comprehensive reading, since I was then living in a hostel of the University of Delhi. Some students, residing in this hostel also helped me voluntarily in my research work. They used to come to me for reading once or twice a week. I got some important books in Braille from the National Library for the Blind in England as well. But this Library stopped lending Braille books to foreign students after some time. When I joined the department of Philosophy, Delhi University, for teaching post-graduate classes and for guiding research students, I was once again confronted with the problem of reading books which were not available in Braille. This problem, however, was virtually solved soon after my marriage when my wife started reading all the books I needed for my teaching and reasearch. She took this heavy responsibility upon herself voluntarily more than 30 years ago, and since then she has been reading journals and books to me not only for my teaching and research, but also to enable me to write several books in Hindi and English. I acknowledge here with profound gratitude to her that I have been able to do my whole academic work only because for her constant help and support.

I think the greatest problem a blind teacher or student has to face is the non-availability of books in Braille which he or she can read for his or her academic career. It is, indeed, a matter of satisfaction that efforts are now being made by the National Book Trust of India and some voluntary organisations working for the blind to solve this serious problem of blind students and teacher. There is, however, still an urgent need to increase these efforts in order to grant blind persons their fundamental rights of education and employments. It is only through proper training and education that these persons can be effectively integrated into society, and this is virtually impossible without providing to them books and other necessary reading material in Braille for this purpose.

Before concluding this talk, I may add here that, besides the books I have mentioned earlier, there are some other books which have left a profound impact on my life. Some of these books are: "Nirmala" and "Godaan" by Shri Prem Chand, "Chitralekha" by Shri Bhagavati Charan Verma and "Chinta-mani" by Shri Ram Chandra Shukla. I still remember all these books vividly even after many years, since they have evoked in me a keen interest and sensitiveness about human problems and have thus enriched my life.

Like many sighted people, there are some blind persons whose only hobby is to read books and therefore who attach paramount importance to them in their lives. I am myself one of these persons, because I always need a book, journal or magazine not only for my academic work, but also for passing my leisure time constructively and happily. Besides my academic studies, I have been trying to read the books of general interest which have considerably enriched my life. Bertrand Russell, a great philosopher and social thinker, is one of my favourite authors. I have gone through several of his books and have been greatly benefited by them. For instance, his well-known book, "The Conquest of Happiness" has taught me how to be happy with what I have instead of getting frustrated and feeling miserable by being jealous of what others have. I still continue to look for such books of general interest to keep myself busy when I have no academic work to do. I always carry a book or a magazine in Braille with me so that I may not be forced to sit idle anywhere. I never feel lonely due to this hobby of reading.

In conclusion, I can only say that books have always played a very vital role in my life; and I am highly thankful to all those who, by reading out these books to me, have contributed to make my life happy, meaningful and worth living.

How humbled one feels face to with such an indomitable spirit. And how enraged. Why is it that as a society and county we do not get around to doing even elementary things, even the things which are entirely within our own grasp? Let us reverse at least this trait.

If we are software-engineers, let us improve the Optical Character Recognition package -- so that books which have already been printed do not have to be keyed-in again. If we are hardware -develops -- say, at one of our IITs -- let us devise a method by which, what has been keyed-in or read by scanners, can be printed straight through a Braille printer. If all we know is how to type, let us key-in books so that they may be printed in Braille...

Let us learn from the Professor: let us put to work whatever we have, including our difficulties.

US-Iraq confrontation
By : Dr Jagdish P Sharma

it was with a collective sigh of relief that the Arab world, Russia, France, China and India greeted the Iraqi decision on the unconditional return of United Nations weapons inspectors in an apparent bid to avert an imminent US military strike on Baghdad.

The latest confrontation between Iraq and the US has come to an end with Baghdad responding positively to the letter of UN Secretary General Kofi Annan appealing to them to allow United Nations arms inspectors to resume work of eliminating Iraq's weapons of mass destruction.

The crisis in Iraq over the UN inspection of suspected weapons sites again escalated recently with the United States reported to be weighing the option of an air strike early in November, 1998. A similar crisis in the early part of 1998 which appeared more serious was resolved by the active intervention of Annan.

By preventing the outbreak of a dangerous war in the Gulf region, the UN Secretary General has again achieved a rare victory for peace.

Annan's latest deal with the Iraqi leadership certainly elicited an enormous sigh of relief from an anxious world. Three out of five UN Security Council permanent members- Russia, China and France- expressed support while the US and UK did not reject it.

However, it is unfortunate that the US leadership still thinks in terms of deposing Iraqi President Saddam Hussain by force. The presence of US soldiers, ships and war planes poses a serious threat to peace, stability and security of the Gulf region.

Besides, the US is still contemplating a more imaginative set of new options than simply threatening to bomb Iraq in a way that might not do so much good. No country except Kuwait sees real necessity for prolonged presence of massive US troops in the region.

The recent developments in the Gulf are a direct consequence of the old US hardline stance demanding an unrestricted access for UNSCOM weapon inspectors to inspect all possible chemical and biological weapons storage sites in Iraq.

United States' desperate attempts to rally support among its European and Arab allies for a possible military strike against Iraq over arms inspections had caused concern all over the world, with Russian President Boris Yeltsin even warning that the use of force could trigger another 'world war' and do untold damage to the stability and security of Gulf region.

It was also a matter of anxiety as tension was created by the flexing of muscles by United States to launch what is termed a ''substantial'' attack on Iraq.

''We face a new cold war in the Gulf'', said Middle East expert Anthony Cordesman. The US is in for a long stay in the Gulf. Neither the use of force against Iraq nor its search for a peaceful solution would make the US come out of the region. It could not ignore its economic and military strategic interests in the region.

In retrospect, Iraqi President Saddam Hussain's refusal to allow unfettered United Nations access to inspection sites within Iraq led to this situation which international experts said was unfortunate.

The United States and Britain have more fire power trained on Iraq than at any time since the 1991 Gulf war, and had been rallying support for military action.

Across the Arab world, from Egypt to the Arabian Peninsula, popular unease at the prospect of an attack was mounting along with anger at United States which is seen as arrogant and blindly loyal to Israel and possible US military strikes at Baghdad without the Security Council mandate as an act of naked aggression.

To many Arabs, Iraq is more an object of pity. While the west formulates the conflict as one with Saddam himself, Arabs tend to see it as bullying of a people made to suffer needlessly.

''The Arab leaders feel the opposition in in their bones'' said Michael Hudson, an expert on the Arab world at Georgetown University. ''If that opposition were actually articulated in the political process, I think many of these governments would be even more opposed.''

The Arab states accuse Washington of double standards in its West Asia policy and felt that west should exert the same pressure on Israel to respect international law as it does on Baghdad.

President Bill Clinton's entanglement in Monicagate affair prompted an opinion in Europe and Arab world that he is seeking to divert attention from his domestic troubles through a confrontation with President Saddam Hussain. Arab diplomats point that Iraq is not the only country in the world with weapons of mass destruction.

According to military sources, some 10 countries including Israel in West Asia have more efficient biological and chemical weapons technology.

The Arab League has warned the US against a military attack on Iraq saying that the use of force on an Arab state was unacceptable. The League cautioned the US against embarking on a new military attack on Baghdad and asked Washington to evolve diplomatic solutions to end the crisis.

Egyptian foreign minister Amre Moussa also came out against the military solution in Iraq and said the use of force will only add to the problems. He agreed with the Arab League that diplomacy and dialogue should be engaged to solve the Iraqi crisis.

Jordan along with Turkey, Algeria, Morocco and Tunisia also renewed its opposition to any military action against Iraq.

In an interesting reaction to possible punitive US military strike against Iraq, Iranian foreign minister Kamal Kharrazi said his country opposed any escalation of the present crisis and use of military forces as such a move would not only further increase the agony of the Iraqi people but also worsen regional situation.

The Times, London, citing western intelligence and security sources, said the security officials from Iran and Iraq had met secretly to forge an alliance in the face of growing US military build-up in Gulf.

The meeting, if confirmed, would provide evidence that the once bitter foes are developing new contacts and putting aside, for the time being at least, obstacles that have blocked normalisation of their ties after the 1980-88 war.

Russia and China, strongly backed by France, issued a stark ultimatum to the US, warning that they would do their utmost to block the threatened Anglo-American attack on Iraq, including use of their vetoes in the UN Security Council.

However, Kuwait has said it will not oppose military option against Iraq if all peaceful efforts to solve the current imbroglio in the Middle East fail.

Kuwaiti ambassador in India Abdulal SO Al Ganaei said, ''We want a peaceful and diplomatic initiative to help ensure peace in the region but if the military action becomes the last resort, Kuwait and other GCC countries would not come in the way''.

India, well known for its initiatives on peace, also raised a strong protest against America's muscle flexing over Iraq.

Kofi Annan has shared India's concern about the situation in Iraq and backed New Delhi's readiness ''to contribute to the process of finding a peaceful and diplomatic solution to the present crisis''.

Former Indian Prime Minister I K Gujral said India would not tolerate a military attack on Iraq as it would jeopardise peace in the entire west Asian region, where more than three million Indians live. Gujral further stated that disruption of peace and stability in the Gulf would have serious effect on India's economy and national welfare.

The Congress party said it was committed to the territorial integrity of Iraq and would like to see Iraq play its rightful role in regional and world affairs.

The central secretariat of the Communist Party of India also expressed deep concern over the continued threat of the US imperialists to attack Iraq in the name of forcing the UN Security Council resolutions about destroying weapons of mass destruction allegedly still in the possession of Iraq.

Since March, 1991, Iraq has been living under UN resolutions and sanctions which stipulated conditions for ceasefire in the Gulf war and elimination of weapons of mass destruction in Iraq.

The economic and other sanctions imposed on Iraq have caused immense hardships to the 20 million Iraqi people, particularly the aged, women and children.

Children are malnourished, hygiene conditions are appalling and the threat of diseases looms large. Over 5,000 children die every month.

India's anxiety, shared by others, is to ensure against destabilisation of the sensitive but fragile Gulf region.

It is clear that India has no other stance to take except to oppose and eliminate the possibilities of war in the Gulf. In the first place America's threat to Iraq and the prolonged presence of US troops goes against India's long standing stance of peace and co-existence.

India perceives that any military initiative in Iraq is bound to have its repercussions in Kuwait. To India, the repercussions in Kuwait means turmoil, destability and chaos in a neighbourhood with which it has political, economic, social and cultural relationship.

Therefore, India's compulsions are very obvious. It wants to uphold on the one hand its moral prestige as an apostle of peace while on the other it wants to ensure that no harm comes to its friendly neighbours. PTI Featur

Doctorates for Jayaprada and Balayogi withdrawan
From B L Kak
MEN AND MATTERS

The Lok Sabha Speaker, Mr GMC Balayogi, and actress-turned politician, Ms Jayaprada, had prepared themselves for a big event. Unfortunately for them the event,which was meant to confer honorary doctorate degrees on them, had to be cancelled.

Why ? An answer to this question is not to seek . Stung by the Opposition criticism, the Andhra Pradesh Government headed by Mr N Chandrababu Naidu was left with no option but to direct the Srivenkateswara University to cancel honorary doctorate degrees proposed to be conferred on Mr Balayogi, Ms Jayaprada and film director, Mr K Raghavendra Rao.

A communication to this effect was sent to the vice-chancellor of the University by the Governor of Andhra Pradesh, Mr C Rangarajan. And all this at the request of the Chief Minister. While Mr Balayogi, Ms Jayaprada and Mr Radhakrishna Raju,who too was ready to receive honorary doctorarte degree,are active members of the ruling Telugu Desam Party, Mr Raghuvendra Rao is a close associate of Mr Naidu, who appointed him electronic media adviser to oversee production of films on Government programmes

Another actress-turned politician, Ms Jayalalitha,was also found a bit upset. And even as the nation watched with bated breath the political.Fallout in the country following the BJP’s poll debacle in the just concluded Assembly elections, its main coalition partner, AIADMK’s supremo,Ms Jayalalitha, preferred to spend her time in Hyderabad performing homams and graha prevesam at her sprawling farm house. All this to ward off evil forces.

Out of bounds for the rest of the world, Ms Jayalalitha and her close aide, Ms Sasikala, performed special homams and graha pravesam of a newly constructed building at the 9-acre farmhouse, 35 km away from Hyderabad on Sunday, Nov. 29. Ms Jayalalitha utilised the services of some Tamil priests to perform the homams. And the homams,it was reported,were particularly aimed at warding off evil forces as Ms Jayalalitha was not keeping good health.

Both Mr Atal Behari Vajpayee and Mr LK Advani slipped up badly the other day, by playing right into the hands of those who have always claimed that there is a strong nexus between the BJP and big corporate giants in India. They freely offered comments on a matter about which both of them, as Prime Minister and Home Minister respectively,should have maintained a discreet silence.

In the process,they proved all suppositions about the BJP-Big Business nexus correct. When Reliance Industries Delhi president, Mr V Balasubramaniam was alleged to be guilty of violating the Official Secrets Act being in possession of classified information, Mr Advani thundered on a public platform that the Official Secrets Act must be removed from the statute book.

Not to be left behind, Mr Vajpayee claimed that no incriminating documents were found in the CBI raid of Mr Balasubramaniam’s office. Mr Vajpayee also stated that the CBI was not under the PMO, implying that it was under the Home Ministry, further implying that if the CBI had been allowed to raid Reliance premises in Delhi and Mumbai, Mr Advani must have given the green signal.

However,the question is yet to be answered as to how Mr Vajpayee knew nothing incriminating was found if the CBI is not under the Prime Minister’s Office (PMO). Also, why did Mr Advani wake up suddenly to the need for getting rid of the Official Secrets Act despite the three-decade-old media campaign for its abolition ?

There is no direct connection between handicapped and disabled citizens and elections. But the just concluded Assembly elections in four States provided an opportunity for the disabled to highlight their problems. Thanks to the country’s election laws and rules, specifically in relation to the methodology of exercising franchise by the registered voter at the polling booths, the disabled have been disallowed to vote in elections, assembly of parliamentary.

While wheel chairs,in which the disabled move from place to place,are not allowed into the booths, regulations do not permit a friend or colleague to stamp the ballot paper on behalf of a blind person. Thus, claims Mr Javed Faridi, executive director of the National Centre for Promotion of Employment for Disabled, at least 5 per cent of India’s total electorate is unable to participate in the democratic exercise.

This problem has remained unaddressed partly because no political party has a disability cell, Mr Faridi feels. The issue of how democracy can be made more real for the disabled is to be discussed at length at a conference on disability in the capital soon.

The AICC headquarters at 24 Akbar Road must have witnessed many "palace intrigues" right from Mr Rajiv Gandhi’s days. It continues to do so in his wife’s regime also. When the list of candidates for Madhya Pradesh was being decided, there was an unconcealed attempt to "fix" Mr Digvijay Singh and cut him to size by denying tickets to his nominees.Mr Digvijay Singh was more or less isolated as all socalled leaders of Madhya Pradesh Congress ganged up on him.

Even so, Mr Digvijay Singh fought with his back to the wall and succeeded in persuading Ms Sonia Gandhi to be more generous than her former and present CWC colleagues wanted her to be. The assessment within the Congress was that the party would retain Madhya Pradesh, which is why there was not much bickering over tickets among stalwarts. Ms Sonia obliged Mr Digvijay Singh, much against the wishes and expectations of the wily Thakur, Mr Arjun Singh.

Constitution amended unconstitutionally
basic structure destroyed
By : Justice V G Palshikar

It has been universally accepted truth that the Constitution of a country whether written or unwritten should always be a dynamic organism meant for firm establishment of human rights and rule of law for its protection. The Indian Constitution has acquired the status as the best written Constitution in the democratic world.

However, in the span of last 48 years it has been amended almost 80 times. In effect it is regularly amended twice a year. It was this onslaught of Constitutional amendments that led Mr N A Palkiwala, the noted jurist to write the book Constitution of India-defaced and defiled. Mr Palkiwala alongwith others were repeatedly critical about the casual mamner in which the Constitutional amendments were undertaken. Little did the critics know that this defacing and defiling of the Constitution will continue and will be lended a supporting hand by the Supreme Court of India which has the duty of protecting the Constitution from such unwanted onslaughts. The Supreme Court in Golak Nath's case in 1967 held that the Constitution of India can be amended only via Article 368. 'Amendment of the Constitution is made only by legislative process with ordinary majority of with special majority, as the case may be. Therefore amendments either under Art. 368 or under other Articles are made only by Parliamentary by following the legislative process adopted by it making other law.''

The two former Chief Justices have categorically opined that the Constitution cannot be amended by judicial pronouncement. Their opinion unfortunately was not even taken note of while answering the Reference under Article 143 and the Constitution was judicially amended. Article 368 of the Constitution of India in Part XX is the sole Article dealing with the power of the Parliament to amend the Constitution and provide procedure therefor. Amendment of the Constitution is made only by legislative process with ordinary majority or with special majority, as the case may be. Therefore, amendments either under Art. 368 or under other Articles are made only by Parliament by following the legislative process adopted by it in making other law. It was then observed by the Supreme Court in Golak Nath's case.

''It is declared that the Parliament will have no power in future i.e. from the date of this (27.2.67) to amend any of the provisions of Part III of the Constitution so as to take away or obridge the fundamental rights enshrined therein. Any further inroad into these rights as they exist today will be illegal and unconstitutional unless it complies with Part III in general and Art. 13 (2) in particular.''

This aspect of the Supreme Court decision in Golak Nath's case was specifically overruled by a 13 Judges' Bench deciding the petition of Keshwanand Bharti when the 13 judges' Bench of Supreme Court of India laid down that Constitution of India can be amended only by recourse to Article 368 and basic structure of the Constitution cannot be amended.

It was held by a nine Judges Bench of the Suprme Court while deciding second S P Gupta's Case (AIR 1994 SC 268) that in consultation with Chief Justice of India means according to the opinion of the Chief Justice of India as formed by him in consultation with two senior most judges of the Supreme court of India. One of the questions referred to the Supreme Court of India for opinion under Article 143 was whether the Consultation as contemplated by the Constitution for appointment and transfer of Judges was to be plural consultation and it has been held or opined by the nine Judges Bench of the Supreme Court of India that the consultation must be plural and it must be with four senior most Judges of the Supreme Court. In effect the Supreme Court has modified the decision of the nine Judges Bench in S P Gupta's second case. It tantamounts to reviewing that order which could not be done by that Bench.

Similar is the case in the matter of maintainability of judicial review in relation to matters of transfer of High Court Judges. It was held in S P Gupta's case that the matter is not justiciable and no judicial review is possible or permissible. Now it hs been held that judicial review is permitted to a limited extent. It is permissible to ascertain whether the plural consultation as dictated by the Supreme Court had taken place in the matter of transfer or not. As a necessary corollary therefore, the nine Judges have found atleast on two counts, the other judgement of nine Judges in S P Gupta's second case (AIR 1994 SC 268) as no longer good law. With deepest respect to the Supreme Court of India it is not permissible even for the Supreme Court of India to overrule earlier judgement of its own in such a manner without constituting a larger Bench for that purpose.

Submissions in writing have been filed by the Rajasthan High Court where objection were raised regarding correctness of the second S P Gupta's case and submissions were made in reference being dealt with by the Larger Bench. However no reference is foud in the order to the pleadings made on behalf of the Rajasthan High Court.

I fail to under stand how the legal luminaries like Attorney General Mr Soil Sorabji, K Parasaran, K K Venugopal mentioned in the reference failed to point out that the answers sought from the Supreme Court in the reference that no constitutional amendment can be brought about by interpreting the provisions of Articles 124,217 and 222 but recourse will have to be taken to Article 368. Looking to the galaxy of the legal luminaries appearing before the Supreme Court and whom the Suprme Court thanked for their submissions and in sights it appears that it is not they but I am basically wrong in what I have said hereinbefore which raises to my mind two basic questions:

How it is that such obvious was not noticed by any of the nine Hon'ble Judges of the Supreme Court? How is it that such obvious was not pointed out by the legal luminaries thanked by the Supreme Court?

I endeavour to answer these questions myself, It is clear from the judgement in S P Gupta's II case that the entire exercise was taken up by the Government of India and the Supreme Court on the assumption that the Parliament has failed to suitably amend the Constitution in a period of more than a decade i.e. from the first S P Gupta's case 1982 to second S P Gupta's case 1884. It has been noted by the Supreme Court in Second S P Gupta's case that 67th constitutional amendment bill could not be passed due to dissolution of the ninth Lok Sabha. Thereafter attempt was again made in this behalf by the Government headed by P V Narasimha Rao but that Government also could not muster necessary support as the amendment was opposed by the Bhartiya Janata Party. Even thereafter the Lok Sabha could not pass any bill for constitutional amendment in its basic structure as the requisite majority envisaged by Article 368 could not be mustered by any ruling party at any point of time thereafter. It is a reasonable possibility and a reasonable expectation that such situation of Parliament functioning on multi-party coalition working on ice-thin majorities will remain busy in balancing the delicate stability of the government and carry on day to day administration of the country. It may not be possible in such situation to expect a comprehensive amendment to the Constitution altering its basic structure by amending Articles 124, 217 and 222 as desired by the Supreme Court for establishing a National Commission for judicial appointments.

Yet another reason which may appear to exist is the fact that former Chief Justice of India, Justice M M Punchhi recommended certain persons for appointment to the Supreme Court and High Courts without completing consultation with other judges of the Supreme Court as was desired by the 1994 judgement in II S.P. Gupta's case. It creates a feeling that inspite of the opinion of the Supreme Court that there should be a collegium to appointment to the higher judiciary but, the provisions of Articles 124,217 and 222 as they stand can always be plainly read and the opinion of the Chief Justice of India alone can be forwarded as evidently was done by Chief Justice Punchhi. It was probably in these circumstances that the Government required the President of India to make reference under Article 143 of the Constitution offering certain questions for its opinion and the Supreme Court promptly answered the reference unanimously, arguments being over in five days. The submissions made as pointed out above do not highlight the factual and legal position that he Constitution cannot be amended by judicial interpretation. It is in these circumstances that the opinion appears to have been delivered by the Supreme Court to establish a substitute for National Commission for Judicial appointments without waiting for Parliament to do its duty of amending the Constitution.

The necessary consequence of the opinion is that the power of the Chief Justice of India in the matter of primacy to his opinion in relation to appointments to the higher judiciary has been curtailed if two of the four senior most Judges disagree with the recommendation of the chief Justice of India which shall hereinafter be binding upon the President to accept the opinion of the differing Judges and not the recommendation of the Chief Justice of India. It not only destroys the primacy sought to be given to the opinion of the Chief Justice of India by the 1994 judgement but also effectively amends Article 124 of the Constitution. The second consequence is that the President's role in the matter of appointments is rendered nugatory. Hereinafter the President will have to sign the recommendation if unanimously made by four Judges of the Supreme Court. Thirdly, the checks and balances provided initially by the Constitution have been lost. The power of the President to negate recommendation of the Chief Justice of India or the collegium of Judges is taken away. It will thus be seen that due to peculiar political situation of instability that this opinion appeas to have been delivered. In my humble opinion whatever the reason for such a judgement the basic cannons of statutory interpretation do not permit such amendment of the Constitution without recourse to Article 368.

These are my views strongly felt by men on understanding of law as I could read it. The whole purpose of writing this article is not to criticise the action which in itself is unblemished. The purpose of seeking larger consideration in the matter of appointment of judges is undoubtedly laudable. Establishment of a collegium for that purpose is already a principle acquiring acceptance in the circumstances. It is certainly the right time now to have a public debate on the issue as to whether the Constitution can be amended by the opinion delivered by the Supreme Court under Article 143 when even according to the Supreme Court no such amendments of the Constitution is permissible. (INAV)