EDITORIAL
Nuclear
terrorism
When Albert Einstein said
"I don't know what weapons World War Three will be
fought with, but World War Four will be fought with
sticks and stones" he had clearly visualised the
direction to which the humanity was headed. The great
scientist and his ilk were worried about the prospect of
misuse of nuclear weapons by unscrupulous governments. No
wonder that he and the likes of Hans Albrecht Bethe,
another Nobel laureate, had campaigned together in the
Emergency Committee of Atomic Scientists against nuclear
testing and nuclear arms race. It is not without an irony
that the scientists were in a sort of agony about the
adverse impact of their own inventions. As H.G. Wells,
described by some as the father of modern science
fiction, wrote once: "Never before in the history of
.....more
It's
cricket
Spirit of any game is more
important than the game itself. It is supposed to foster
discipline, goodwill and brotherhood. This ideal is the
very basis of foundation of the Olympics and reflects in
non-Olympic events like cricket as well. The Pakistan
Cricket Board (PCB) has done well to drive home the point
by banning pacers Shoaib Akhtar and Mohammad Asif for
testing positive for doping. Shoaib goes out for two
years and Asif for one from both international and
domestic scene. It is an extraordinary decision and
speaks of the PCB's maturity and confidence. One just
can't overlook the fact that . .....more
|
|
Unpredictable
stock markets
By Arun Nehru
The stock
market reflecting the reality of economic potential and
growth 'sprints' to a level of 13,000 [ most economic
experts proved wrong] and may well march towards higher
levels by March 2007 as GDP growth heads towards 8 = 8.5%
for the year and you don't need a 'astrologer' to predict
the results of the next quarter in terms of profit and
growth. The stock markets are not predictable and .. ...more
‘Garibi
hatao’
By Sunil Gatade
Garibi
hatao’ was the magical mantra of Indira Gandhi that
transformed her political career after leading a minority
Government at the Centre as she got a windfall in the
1971 elections. The short slogan made political history
in post-Independent India as it not only shook off the
challenge to the late leader but made mincemeat of her .
. .......more
Creamy
layer
By Sushil Jain
Every count
has its own reasons to celebrate. In another few days, it
will be 56-year since the Indian Republic gave itself a
written Constitution, a document especially treasured for
the broadness of its vision and the egalitarian values it
promoted. The milestone event should have been an
occasion to introspect, to evaluate, and, indeed, to see
where we stand with regard to the solemn pledges made by
our founding . ......more
|
EDITORIAL
Nuclear terrorism
When Albert Einstein said
"I don't know what weapons World War Three will be
fought with, but World War Four will be fought with
sticks and stones" he had clearly visualised the
direction to which the humanity was headed. The great
scientist and his ilk were worried about the prospect of
misuse of nuclear weapons by unscrupulous governments. No
wonder that he and the likes of Hans Albrecht Bethe,
another Nobel laureate, had campaigned together in the
Emergency Committee of Atomic Scientists against nuclear
testing and nuclear arms race. It is not without an irony
that the scientists were in a sort of agony about the
adverse impact of their own inventions. As H.G. Wells,
described by some as the father of modern science
fiction, wrote once: "Never before in the history of
warfare had there been a continuing explosive; indeed, up
to the middle of the twentieth century the only
explosives known were combustibles whose explosiveness
was due entirely to their instantaneousness; and these
atomic bombs which science burst upon the world that
night were strange even to the men who used them."
While Einstein found solace in the emergence of Mahatma
Gandhi and his ideology Bethe who died last year appears
to have been a late convert to the cause of peace. He had
been the head of the Theoretical Division at the secret
Los Alamos laboratory during the Second World War
developing the first atom bombs. He had played a critical
role in circulating the critical mass of the weapons and
had done the theoretical work on the implosion method
used in both the Trinity Test and the weapon dropped on
Nagasaki (Japan). In the early 1950s he had also played
an important role in the development of larger Hydrogen
bombs. Obviously, however, there was a mismatch between
his urge for scientific development and concern for the
welfare of people at large. He had ended up observing:
"If we fight a war and win it with H-bombs, what
history will remember is not the ideals we were fighting
for but the methods we used to accomplish them. These
methods will be compared to the warfare of Genghis Khan
who ruthlessly killed every last inhabitant of
Persia."
Right now the world is not
debating the abuse of nuclear weapons by those in power
alone. There is growing fear that these deadly tools may
fall in the hands of terror groups. Researcher Carey
Sublette has traced the origin of anxiety in this behalf
to the early 1970s. It was then that Pulitzer award
winner John McPhee, known for non-fiction literature, had
written a series of articles followed by a book "The
curve of binding energy". McPhee in turn had
recounted the views and experiences of Ted Taylor, an
early nuclear weapons designer, who pointed out that
"although the production of the essential materials
of atomic weapons - fissile highly enriched uranium and
plutonium - does require huge investments of money and
technology, once these investments have been made and the
fissile materials are available in quantity then the
barriers to manufacturing highly destructive bombs is
dramatically lower." A comparison was made on the
strength of sound reasoning between the 9/11 (when
terrorists had flown planes right into the World Trade
Centre) and what could have happened if they had used a
nuclear device instead. It was officially stated that
2825 people had died in the mayhem of 9/11. There were
estimated to be about 30000 persons in the twin towers of
the WTC at the time of the first collision and their
number would be double at the peak of occupancy. Had even
a crude nuclear explosive been employed it "would
have left no survivors in either building, would have
killed similar numbers elsewhere in the surrounding area,
and injured hundreds of thousands more." Without
doubt there is no mega structure anywhere in the world
that can withstand a blast of this kind.
The issue of terrorists
acquiring nukes has assumed all the more seriousness
after North Korea has carried out a successful test. Many
experts see linkages among despotic and theocratic
states, terrorism and a money-making economy. The
underlying fear is that since every material is available
for a price there will always be takers among those who
want to hold the world to ransom. Reports have already
appeared about Al-Qaeda network of Osama bin Laden having
bought the necessary stuff to translate its nuclear
designs into a reality. We in the sub-continent thus have
more than one cause to be bothered. Osama is stated to be
in hide-out somewhere along the Pakistan-Afghanistan
border. Moreover, Pakistan itself has not been averse to
patronising terrorists active against this country. It is
always in the forefront of raising spectre of South Asia
becoming a nuclear flashpoint. One hopes that it observes
restraint. However, the experience so far has proved that
pious wishes are like proverbial horses in an
increasingly murky world of diplomacy and mutual
relations. Original nuclear powers have made the
Non-proliferation Treaty (NPT) a laughing stock by
adopting a discriminatory approach. In the given
situation, therefore, we as a country must be extremely
watchful about internal and external happenings.
Terrorists and their patrons may go to any length. For
our part we should be in a position to catch bulls by the
horns as and when they go berserk.
It's cricket
Spirit of any game is more
important than the game itself. It is supposed to foster
discipline, goodwill and brotherhood. This ideal is the
very basis of foundation of the Olympics and reflects in
non-Olympic events like cricket as well. The Pakistan
Cricket Board (PCB) has done well to drive home the point
by banning pacers Shoaib Akhtar and Mohammad Asif for
testing positive for doping. Shoaib goes out for two
years and Asif for one from both international and
domestic scene. It is an extraordinary decision and
speaks of the PCB's maturity and confidence. One just
can't overlook the fact that the PCB has given preference
to credibility over its immediate concerns. On today's
form the Pakistan team will be sufficiently weakened in
the absence of two top bowlers during the next year's
World Cup. The International Cricket Conference (ICC) has
been rather late in signing the World Anti-Doping Agency
(WADA) Code. It had done so only in July this year
although the relevant regulations have been in force
since 2002. The world cricket body is expected to be firm
in dealing with the drug menace. The PCB's move will put
cricketers all over on notice: howsoever popular they may
be they are not indispensable.
 |
Unpredictable
stock markets
By Arun
Nehru
The stock market
reflecting the reality of
economic potential and growth
'sprints' to a level of 13,000 [
most economic experts proved
wrong] and may well march towards
higher levels by March 2007 as
GDP growth heads towards 8 = 8.5%
for the year and you don't need a
'astrologer' to predict the
results of the next quarter in
terms of profit and growth. The
stock markets are not predictable
and between 'raging bulls and
dancing bears' everyone seems to
be in constant confusion and it
would be interesting to analyze
the assessments of top
international stock market
specialists [can be rather
embarrassing] and I think you
will find that their assessments
have the same 'doubts and
apprehensions' as the market
climbs from 6,000 to 13,000
within two years. The story sadly
is one of missed opportunities
for many and they find it
difficult to understand the
changing situation as India
hurtles towards super power
status on the Economic front. The
stock markets and valuations have
a logic of their own and we
constantly hear that the Indian
market in comparison to other
emerging markets is expensive but
the reality is that smart money
continues to flow into India and
the markets seem to act in
variance with 'expert' opinions.
Few economic experts agree with
each other and we sometimes judge
the future with our own views and
prejudices and many a time what
we consider as 'negatives' are
really 'positives'. The best
years are yet to come and we have
much to do as we negotiate the
future and the key to success has
to be massive investments into
infrastructure and for the next
few decades no matter what we
create we will always need more
and this is a major positive. We
are often referred to as a
'emerging market' but as we
acquire assets and facilities
abroad it should be obvious that
the Indian economy is beyond
conventional definitions and will
continue to deliver 'surprises'.
The Reserve Bank policy announced
today reflects the state of the
economy and I would be very
surprised if there will be any
hike in interest rates in early
2007.
We have our share of
negatives and events in Delhi are
a sad reflection on our ability
to govern and all three wings of
governance are responsible for
this unfortunate situation. The
traders have broken the law [so
has everyone else in Delhi] and
to suddenly rectify the ailments
of the past fifty years by
'sealing' and 'demolitions' are
not a solution for the present
and the future. Archaic laws have
not been revised and transparency
has been lacking resulting in
'extortion' and 'corruption' and
the vested interests continue to
thrive and prosper and barring
those in governance everyone has
to pay the 'service charges'! We
need a balanced approach and
besides cases where public land
has been encroached upon and
blockage of public area's the
government would be well advised
to follow the Tejinder Khanna
report which has a great deal of
common sense. I cannot but feel
for those who have been subject
to selective demolition and I
think it would be useful if those
in governance could visit MG Road
where skeletal remains of half
demolished buildings [garbage is
being dumped in many places]
exist and it would be good to
know what public purpose and
interest has been achieved by
these actions. No government in a
democracy can function without
taking into account the force of
public opinion and in practical
terms this equally applies to the
judiciary as we see in the
Priyadarshi Muttoo case [case was
dismissed in the Lower court and
was pending for six years in the
High Court] and clearly we need a
'practical' solution for the
future. The regrettable part is
that law courts should not get
involved in these controversial
decisions and if only the
government would govern and
legislate timely legislation to
meet the challenges of the future
all this would not be necessary.
The three wings of governance
must never encroach upon each
other and sadly this is what is
happening today.
The system of
governance is changing rapidly
and all three wings of governance
are due for changes and we are
heading for greater
accountability. The Colonial
hangover with feudal overtones is
fading away and 'excessive'
governance and control is fast
giving way to greater public
accountability [media have done a
spectacular job] . The formation
of Coalition governments both at
the Center and in the States are
resulting in a defused power base
and I think the 'Big Brother'
syndrome will no longer work in
governance. I sometimes wonder if
the media have realized what they
have achieved in the revival of
the three high profile cases of
Jessica Lal, Nitesh Katara and
Priyadarshi Muttoo. Think of all
the twists and turns all these
cases have taken and you will
find that every family will
identify with the tragedy and
grief associated with these cases
and most of us will attribute
this to a system of weak
governance which needs better
accountability and transparency.
Those who have committed the
murders will no doubt be punished
with the 'maximum' but what
action will be initiated against
those 'officials' who have
assisted directly and indirectly
in this unfortunate situation
over the past decade? The public
mood is for change and all we
need is a few committed
individuals in governance to
initiate change and fix
accountability standards so that
these 'accidents' can be curbed
for the future. The truth is that
for well over a decade after
economic reforms have been
initiated we have done little to
change or initiate political or
judicial reforms and here again
we have to act in stages and
clearly the first target must be
the lower bureaucracy and this
can only be done by revising the
laws and making them transparent
and not subject to multiple
interpretation.
|
|
|
‘Garibi
hatao’
By
Sunil Gatade
Garibi
hatao’ was the
magical mantra of Indira
Gandhi that transformed
her political career
after leading a minority
Government at the Centre
as she got a windfall in
the 1971 elections.
The
short slogan made
political history in
post-Independent India as
it not only shook off the
challenge to the late
leader but made mincemeat
of her detractors who had
made ‘Indira
hatao’ as their
campaign theme.
Locked
in battle with the
Syndicate comprising of
many a Congress veteran,
Indira projected that
through the slogan she
wanted to change the
agenda.
Talking
about the poor suddenly
became more than
politically correct as
Gandhi backed by advisors
like the late PN Haksar
made every move to
project herself as the
champion of the
downtrodden and the
oppressed. The
nationalisation of banks
and abolition of privy
purses were the fallout
of this campaign.
The
pro-poor touch, a
hallmark of Indira,
appeared missing in the
talk of eight to ten per
cent growth, India as one
of the fastest growing
economies, and the
growing tribe of
millionaires called
‘high net worth
individuals’ in the
era of globalization and
liberalization.
In
fact, the problem being
encountered by the
Congress since the
Narasimha Rao Government
went in for the economic
reforms in the backdrop
of a desperate situation
in 1991 was that how to
project the organization
in a pro-poor light. The
economic reforms do not
talk about the poor and
the downtrodden, nor they
have any particular
sympathy for affirmative
action.
The
dilemma in the heydays of
India's efforts to become
an economic superpower
was that talking about
the poor is not the
business of the business
and the political forces
have to talk about the
poor and the weaker
sections and show concern
for them, if they want to
remain in the business in
the country of over a
billion people.
In
fact, the defeat of the
Congress in the 1996
elections was due to the
fact that the party was
being perceived as a
‘rich man’s
club’ as it had
almost stopped talking
about the poor. Similar
was the case of the BJP
led NDA in the 2004 polls
as it talked about
‘India shining’
and ‘feel good’
when farmers were
committing suicide in the
countryside. The spate of
suicides by farmers in
Maharashtra, Andhra
Pradesh, Karnataka and
Kerala brought to the
fore the agrarian cisis
and the Government found
wanting in addressing the
issue. This was despite
the fact that the
distress was not a new
phenomena and the
coalition is being led by
an eminent economist.
Sonia
has always shown that
when it comes to
politics, her guru is
Indira Gandhi. The Italy
born leader of Congress,
on whom leadership was
virtually thirst by the
party some eight years
back, owed her success in
the initial years due to
her becoming a
‘copycat’ of
her mother-in-law, whom
poor still fondly recall
as
‘‘Indiraamma’’.
The
thriving trade and
industry is not concerned
about labour, but wants
labour reforms, a
euphemism for
retrenchment of jobs. The
Special Economic Zones
are the ‘in
things’ now and one
highlight of the
industries to be set up
there was that they need
not have to bother about
the labour laws as
‘hire and fire’
system would be in vogue.
Despite calls that such
Zones should not be set
up on agricultural land,
farmers are bound to get
displaced.
It
has been a contradiction
that in the 21st century,
the Congress-led
coalition had to harp
back on a 35 year-old
slogan. In one way, it
showed the bankruptcy of
the political leadership
for failing to come up
with a new dream for a
new India, a new deal for
the young and not so
young, able and not so
able, handicapped
physically or by
circumstances. It also
shows the confusion in
the political class on
how to keep the flock of
ordinary people together
and behind them as might
is right in the era of
globalization marked by
‘garib ko
hatao’ (remove the
poor) and not
‘‘garibi
hatao’’
(removal of poverty).
It
is a democracy. One
cannot ask like Marie
Antoniate that why the
poor are not eating cake,
if they are not getting
bread. After all it is
the bread and butter
issues, that ultimately
win an election. So it is
back to
‘‘garibi
hatao’’,
unmindful of the
criticism that it showed
poverty of ideas.
Prime
Minister Manmohan Singh
always proudly proclaims
that turning India to an
economic superpower is an
idea whose time has come.
It is debatable how much
of this prosperity and
the power would rub on
the poor, the aam aadmi.
It is also debatable
whether a slogan works
for the second time,
politically as the
general experience does
not suggest so. Will the
2009 Lok Sabha elections
would reap the harvest
like in 1971 ? Only time
will tell. PTI
Feature
|
|
|
|
Creamy
layer
By Sushil
Jain
Every count has its
own reasons to celebrate. In
another few days, it will be
56-year since the Indian Republic
gave itself a written
Constitution, a document
especially treasured for the
broadness of its vision and the
egalitarian values it promoted.
The milestone event should have
been an occasion to introspect,
to evaluate, and, indeed, to see
where we stand with regard to the
solemn pledges made by our
founding fathers. Yet, the
imagination of those in
government will evidently allow
none of this. How else do we
explain the complete lack of
debate around the latest Supreme
Court judgment excluding the
'creamy layer' from reservation
benefits? The UPA government is
under pressure to subvert the
apex court judgment and put the
'creamy layer' doctrine in the
Ninth Schedule to protect it from
judicial review.
The hearing by the
nine-judge Constitution Bench
assumes significance as its
verdict will have a fallout on
several acts passed by Parliament
and state legislatures, including
one in Tamil Nadu enabling 69 per
cent quota for weaker sections of
society in educational
institutions. The outcome of the
matter will be keenly watched, as
demands from political quarters
are gaining ground for restoring
the level of reservations. Noted
jurist Fali S Nariman said the
October 19 judgment was
"statesman-like judgment,
which give true meaning to the
equality clause in the
Constitution and at the same time
safeguarded the genuine interest
of SCs, STs and OBCs."
Reservation for the
backward classes has always been
opposed to on the grounds that it
is discriminatory and
unreasonable. While reservations
were meant to catapult the
backward in society into the
mainstream, by making it easier
for them to get government jobs
and into educational
institutions, that purpose is
defeated by the Government's
reluctance to conduct a census to
identify potential beneficiaries.
As a result, the
benefits of such mismanaged
government policies have created
an affluent class, a 'creamy
layer' within the OBCs and the
SC/STs. The recent Supreme Court
verdict, delivered by a
five-judge bench, while reviewing
the validity of four
constitutional amendments enacted
by Parliament giving SC/STs the
benefit of reservation in
promotions, has handed down a
list of dos and don'ts to serve
as yardsticks while determining
the validity of any reservation
in any state.
Before extending
reservations, the government will
be required to produce 'weighty
and comparable data' to justify
the backwardness and inadequacy
of representation of a particular
class or caste. And even if these
"compelling reasons"
are present, the state has to
make reservations in a particular
class or classes of posts without
affecting the general efficiency
of service as mandated under the
Constitution. To succeed finally,
the reservation quota should not
breach the 50 per cent ceiling
and should exclude the
"creamy layer".
Any law announcing
reservations that meet the above
criteria can be termed reasonable
and be contained from becoming
excessive, the order states.
Asking the government to produce
quantifiable data does not mean
that the court wants the
government to conduct a census.
It simply wishes to convey that
their decision is not based on
sound data. It is a reality that
reservation policy is "badly
politicised" to suit
vote-bank politics. The Supreme
Court judgement tries to strike
at the root of this problem.
The verdict has
ruffled feathers among the
politically influential castes
which currently benefit from
reservation. This
"bias" has gone
unchecked because certain states
have enacted reservation
legislation without excluding the
'creamy layer' from its benefits.
The Supreme Court however has
held the exclusion of the 'creamy
layer' from the ambit of
reservation as a
"constitutional
requirement". For this
reason, the affected states -
Tamil Nadu, Uttar Pradesh, Andhra
Pradesh, Karnataka and Rajasthan,
and others - have been singing in
unison, demanding inclusion of
State enactment on reservation in
the Ninth Schedule, which would
allow reservation enactment to
circumvent judicial scrutiny.
The demand is to put
all reservation-related laws in
the Ninth Schedule of the
Constitution in a bid to put them
beyond judicial review. This has
been a time-tested response of
the executive and legislature
whenever they fear that an
important law or set of laws is
in danger of being struck down by
the judiciary. For, the Ninth
Schedule is a vault available in
the Constitution to stash any law
that Parliament wants to insulate
from judicial review.
There was no debate
in the Constituent Assembly, and
this schedule was not envisaged
by our founding fathers at all.
In fact, it owes its birth to
ideological battles in the
nascent republic between the
"progressive" executive
and legislature on the one hand
and the "conservative"
judiciary on the other. The very
first constitutional amendment
enacted in 1951 introduced the
Ninth Schedule through article
31B. According to this provision
drafted by the Jawaharlal Nehru
government, none of the laws
specified in the Ninth Schedule
"shall be deemed to be void,
or ever to have become
void," on the ground that it
was inconsistent with any of the
fundamental rights,
"notwithstanding any
judgement, decree or order of any
court or tribunal to the
contrary."
This meant that the
laws figuring in the Ninth
Schedule were not subject to
judicial review. The
justification offered was that
courts should not be allowed to
get in the way of socialist
policies such as land reforms.
Accordingly, all the 13 laws that
were put in the Ninth Schedule in
the first instance pertained to
land reforms in various states.
The judiciary had entertained
petitions challenging the
validity of those laws on the
ground of violating the then
existing fundamental right to
property. Given its sheer
potential, successive governments
have conferred the Ninth Schedule
protection on a variety of laws,
often chosen on considerations of
political expediency. The number
of laws in the Ninth Schedule has
in the process jumped from 13 to
284. Though most of them related
to land reforms, Ninth Schedule
laws include FERA, COFEPOSA,
MRTPC Act, Nationalisation Acts
and Essential Commodities Act.
Thus, there is also one
quota-related law: In 1994, the
Narasimha Rao government was
instrumental in putting in the
Ninth Schedule a law providing
statutory status to the 69 per
cent reservation in Tamil Nadu.
This was done at the instance of
the Jayalalitha government in the
wake of the Supreme Court's
ruling in the Mandal case that
over-all reservations cannot
exceed 50 per cent. The reason
why political parties again feel
the need for the Ninth Schedule
in the context of reservations is
the recent verdict of the Supreme
Court extending the 'creamy
layer' rule to SCs and STs.
In the first two
decades, the apex court could do
nothing about the whole project
of taking more and more laws out
of the purview of judicial
review. It finally got a key to
the vault in 1973 thanks to the
doctrine of basic structure laid
down by it in the Keshavananda
Bharati case.
This landmark
verdict held that amendments to
the Constitution could not alter
any of its basic features, which
of course included judicial
review. The Keshavananda Bharati
case seemed to put a question
mark on the very concept of the
Ninth Schedule as it encroached
on the power of judicial review.
The Supreme Court, however,
dispelled the uncertainty in 1980
when it ruled in Waman
Rao-vs-Union of India that the
Ninth Schedule was
constitutional. But then it added
that the laws figuring in the
Ninth Schedule had to comply with
the doctrine of basic structure.
As a corollary, the Supreme Court
has asserted its jurisdiction to
entertain a challenge to any of
the Ninth Schedule laws on the
ground of violation of the basic
structure. INAV
|
|
|
|
