EDITORIAL
Traders
in misery
Each time we have a crisis on hand
we find some of us trading in human miseries.
Whenever it snows non-stop in the higher reaches,
for instance, there is an acute scarcity
syndrome. Essential commodities run out of stock.
If the national highway is blocked for days
together --- it happens often during winter ---
those stranded are left with no choice but to
wail and gnash their teeth. They find it
difficult to get even a cup of tea. If they are
lucky to find one, they have to pay many times
more the actual price. We may quote one of our
own reports from Srinagar in the wake of series
of avalanches last week: "Residents from all
the 10 district headquarters in the Valley
complained that shopkeepers had been charging
exorbitant rates for many essential supplies.
They complained that only the inter-district
communication links had been cleared of snow, in
addition to major towns and cities, while as more
than 80 per cent of the link roads were yet to be
cleared and there was no power supply beyond
major towns and district headquarters. Residents
of Manzgam, Tangmarg and Aharbal in Kulgam area
complained that there were no signs of
administrative machinery in their area as all
main and link roads were continuously closed for
traffic and supplies of essential commodities had
exhausted." The situation can be no better
in at least Doda and Kishtwar districts on this
side of the Pir Panjal. Generally it is said that
the Government makes ample arrangements in
advance for winter months. Food and fuel
especially are stored in vulnerable places to
meet any contingency. This is what we have been
told last year also before the onset of winter.
One would tend to believe the official version in
this regard. Why is it, however, that the moment
the chilly conditions reach their peak there is
almost complete breakdown of prior planning? Why
should this happen? It is ridiculous if the
Government apparatus claims that the measures
taken by it have been thrown out of gear because
climate has turned out to be worse than that was
anticipated. The fact is that one year after the
other we have been having extended and crueller
winter. Our benchmark of preparations for
countering it has to be the most treacherous
season of 2005 when there was all-round death and
destruction. Clearly we have fallen short of that
this time of the year.
Why should the Government supplies not reach the
affected population? Are they siphoned off by
unscrupulous middlemen on the way? Surely there
are profiteers who want to make a fast buck. Tea
vendors on highways and shopkeepers in snow-clad
regions may see in the discomfort of others an
opportunity to double their income. Their
approach smacks of taking advantage of human
misery. They may justify the hike claiming that
they themselves have to spend double the amount
in procuring their provisions from distant
places. It is a camouflage for their real
intentions. How can they undertake business trips
at a time when the entire traffic has come to a
halt? Surely as free traders they have made
investments by hoarding the material that they
know may be required during a disaster. It is
precisely that once when encountered with such
hideous practice United States President Harry S.
Truman had cried that gamblers in grain were
making the cost of living their football. In our
dispensation the Government can effectively curb
such greedy tendency. Why should it be hesitant
in cracking the whip?
It is astonishing that we have not yet learnt to
stand up to winter. For too long we have been
exposed to the phenomenon. Citizens' panels can
be formed everywhere to catch the bull by the
horns. Misers and exploiters of miseries should
be firmly dealt with. Their eyes glow on the
sight of a guinea which they find more alluring
than the sun. Their vision has to be corrected.
Luckily for us for every such inhuman merchant we
have a couple of philanthropists still available
among us. The latter variety is inspired by Greek
playwright Euripides: "Human misery must
somewhere have a stop; there is no wind that
always blows a storm." All that this
motivated segment of human population is required
to do in order to attain its objective in the
State is to take care of some wayward members of
its own ilk.
Thieves on wheels
The stolen vehicle of a senior Indian
Administrative Service (IAS) officer of Jharkhand
has been traced in this State. This is, however,
not the only such recovery made in the recent
times. According to a report in this newspaper
the owners of 15 out of 80 stolen vehicles lying
in the district police lines in this city have
been identified and given back their goods.
Broadly it is believed that a gang of inter-state
car lifters has developed a close nexus with
militants in the Valley. This is possible.
However, it can't be denied either that robbers
have found it convenient to dispose off their
loot in the militancy-charged environment in the
State especially the Kashmir region. In the 1990s
when the local administration lay in debris
neither a police search party nor would any
representative of an insurance agency turn up to
carry out investigation. As a result there did
emerge a black-market of means of transportation.
Cars in particular would be picked up from
different corners of the country and sold to
people at prices they found tempting. We are
aware of at least one case in which the police of
another state surprised a local inhabitant with
the disclosure that what he was merrily driving
around was actually a vehicle lifted from the
national capital. He thus lost twice: the vehicle
along with the money that he had spent earlier on
buying it. Now that the security scenario is on
the mend the picture is becoming clear. Evidently
the citizens are also becoming wiser and are
averse to falling in any trap. They can always
buy a new automobile with so many reputed
national companies having extended their network
to the State. Why should they rise to the bait of
those with dubious antecedents? The problem may
persist in the case of previous unrecorded
sale-and-purchase deals. Those responsible for
them should be brought to book. One can't have
sympathy for fraudulent transactions.
This is not to say that thieves of wheels would
be easily deterred. They are active in every
state. To frustrate them we have to be very
vigilant and take all safety precautions. .
Balancing
Judiciary, Legislative
and Executive
By
Sushil Jain
For the last
25-years there has been
turf war between the
legislature, executive
and judiciary, which got
accentuated during the
time of Emergency imposed
by Mrs. Indira Gandhi in
1975. But any action
taken by legislature and
executive is subject to
review by the judiciary
to safeguard the basic
structure of the
Constitution. Since 2004
there have been many
instances where judiciary
interpreted the law
differently as that of
legislature and
executive. As such the
Lok Sabha Speaker, Mr.
Somnath Chatterjee, has
been very critical of
judicial interventions.
In a face-to-face
programme at the Kolkata
Press Club on January 30,
the Lok Sabha Speaker,
Mr. Somnath Chatterjee,
went to the extent of
accusing the judiciary of
"taking away,
undemocratically and
unconstitutionally, the
rights of the executive
and the
legislature". This
is not for the first time
that Mr. Chatterjee has
made such a statement.
This kind of standoff
does not bring credit
either to the legislature
or judiciary. Whether
both institutions are
clearly overstepping
their proper domain is a
debatable matter. But the
form in which the
argument is being
conducted is generating
more heat than light.
Part of the difficulty is
that any particular issue
is subject to review by
the judiciary. For some
years now, the
legislature has been on
the back foot to redeem
its own credibility, and
it would be somewhat
ironic if the court
determined that it did
not have the power to do
so after all.
The standoff between the
Speaker and the court can
be considered at
different levels. The
first level is that of
rhetoric. Assuming indeed
that parliament is
confident of its case and
assuming further that it
is right to insist on its
jurisdiction, was it
incumbent upon the
Speaker and parliament to
react to the court's
notice the way they did
in the case of expulsion
of 11 members of
parliament, which started
the confrontation? Was it
necessary to officially
refuse a court notice?
Were there other options
that could have been
exercised? For instance,
the Speaker could have
replied, explaining
parliament's position. Or
a law officer of the
government could have
explained parliament's
position in court. This
has been the practice in
the past. But outright
refusal of a notice,
combined with a call for
presiding officers of
legislatures to meet, was
arguably a needless
escalation of rhetoric,
not warranted by the
substance of the notice
at hand.
But the escalation of
this rhetoric suggests
that the issue at the
moment is not simply
about upholding the
technical validity of
parliament's expulsion of
its members. Parliament
appears to be making an
even more emphatic
statement by its actions.
It wants to defend a
deeper theory of its
jurisdictional autonomy.
Ask the question: Who
decides where the
boundary of parliamentary
prerogative lies?
The answer to this
question is not as
straightforward as it
appears. If we say
"the courts",
then it is not clear
there is a parliamentary
prerogative at all, for
that prerogative is now
mediated through judicial
power. The usual way the
court defends its
encroachment upon
legislative prerogative
is this. It posits a
distinction between the
existence of a right and
its application. On this
view, the court is the
final authority that
decides whether
parliament has a right in
the first place. But the
Speaker's position seems
to be raising a deeper
point. By what authority
does the court insist
that it and it alone, is
the final arbiter of what
parliament's rights are?
In this instance, an
appeal to the
Constitution does not
help. If both branches
are co-equal, does not
insisting that every
legislative prerogative
is subject to the court's
jurisdiction in effect
make the court supreme
over everything, a branch
of government more equal
than others?
Whatever the court may
say about the separation
of powers, or about all
branches of government
being under the
Constitution, the fact is
that the court has made
itself supreme in many
ways. It is a little
simplistic to insist that
the Constitution is
supreme. This is because
what the Constitution is
cannot be decided with
reference to a
"text".
Somebody has to interpret
the Constitution and that
institution decides what
the Constitution is.
Indian courts have
claimed absolute and
exclusive authority to
interpret the
Constitution. In doing
so, the courts have
expanded their powers
beyond anything that a
reasonable reading of the
Constitution would
warrant.
The fundamental challenge
the Speaker is raising is
to this state of affairs.
The legislature has ceded
power to the court in
every instance. But, at
least, when it comes to
that sliver of issues
dealing with legislative
rules, parliament wants
to assert its authority.
Parliament seems to be
saying that the very act
of admitting a suit is
encroaching upon its
powers. By admitting any
suit, the court is
insisting that no,
repeat, no issue is
immune from judicial
scrutiny. But if this is
the doctrine then what
remains of the
legislature's prerogative
over its own matters; a
prerogative that exists
at the behest of the
court is not a
prerogative at all. And
this is what the Speaker
wants to remind the
court.
Is the Speaker correct in
his surmise? A fair
assessment would say that
he is not entirely off
the mark in raising this
fundamental issue. Given
the fact that the
Constitution does seem to
grant legislatures great
leeway over the manner in
which their proceedings
are conducted, the
presumption should be in
favour of parliament. For
instance, the
Constitution says nothing
about the fact that a
budget should be properly
discussed before it is
passed. Will the Supreme
Court now have the right
to intervene, laying down
the stipulations about
what counts as proper
discussion? For instance,
the court's view in the
Jharkhand assembly case
and its admission of
expulsion case suggested
that there was nothing
preventing the courts
from regulating
legislative discussion,
in the name of preserving
the integrity of the
democratic process. The
Speaker was right to
register his protest,
though it could have been
done more reasonably.
It seems that in relation
to the rules of conduct
that apply to members of
parliament, the
legislature must be given
more leeway. This would
not have diminished the
court's authority in any
way. The court's
authority is inescapable.
After all, even a refusal
to admit would have been
a court decision. But
admitting the suit seems
to lay down a stronger
version of the court's
authority than is
warranted. Indian courts
have become so enamoured
of their power that they
rarely refuse a matter on
the ground that it is not
within their
jurisdiction. This
approach has made the
doctrine of the
separation of powers and
the equality of all
branches of government a
little bit of a pie in
the sky, and the Speaker
is beginning to express a
legitimate frustration.
But there is a bigger
lesson in the politics of
law. There is no such
thing as a transparent
Constitution that can
settle all disputes about
the allocation of power.
Power flows to the
institution that
exercises it, and the
court has learned to
create its own power.
Much of this has been for
the good, but political
prudence demands that we
keep power in the system
dispersed at various
levels. Completely
eviscerating the
authority of the
legislature will do no
good to the system. The
courts can put a finger
in the dyke to prevent
occasional leaks, but
they cannot be a
substitute locus of
governance. INAV
|
|
|
The mighty
gold bull
By Nantoo
Banerjee
The price of gold is
shooting up beyond comprehension.
The price has more than trebbled
in the last seven years, making
gold one of the most attractive
instruments of investment round
the world. If the weakening US
dollar has contributed to its
unbelievably high price levels,
the market of the yellow metal
may continue to rise until the
United States, the world's
largest economy, is able to come
out of its present financial
mess, caused mainly by its
increasing public debt to
maintain military engagement in
Iraq and massive payment defaults
in the home finance and mortgage
business.
The rising oil prices coupled
with inflationary pressures in
all major economies across the
globe have also contributed to
the spurt in gold demand as
investors, including central
banks, are seeking to hedge paper
money to protect their wealth
against growing monetary and
financial instability and
uncertainties caused by communal
tension and terrorism.
The US engagement in Iraq is
proving too costly for that
country and, indirectly, for the
rest of the world. Conservative
estimates say the US has spent
over one trillion dollars in Iraq
since the beginning of the war.
The US economy is already feeling
the heat. The US budget deficit
in 2008, released by the Bush
administration on February 5, has
been estimated at $ 410 billion,
representing 2.9 per cent of its
GDP. Even the latest reduction of
interest rate by 75 basis points
by the US Federal Reserve has not
been able to pep up the market as
the economy is showing strong
signs of recession and further
weakening of the dollar.
Speculators in the bullion market
predict that the international
gold price will cross $ 1,000 for
an ounce before the end of the
year. Spot gold on Comex, the
international commodity exchange
specifically trading in gold,
silver and copper futures, is
currently ruling in the region of
$ 930 per ounce. The March
contract for gold on Nymex,
trading in oil and gas, gold,
platinum and palladium futures,
is available for $ 950 per ounce.
This is unthinkable considering
the fact the average spot price
of gold in 2001 hovered only
around $ 260 for an ounce. Spot
gold prices have been rising
against almost all major
currencies. Since 2006, gold has
gained by nearly 40 per cent in
US$, 30 per cent in Euro and over
35 per cent in Japanese Yen.
The mighty gold bull is now into
its eighth year and there is no
sign of its taking a break in the
near future as the demand for the
yellow metal is far outstripping
its production and supplies. The
global gold production peaked in
2001 at 2,604 tons or 83.7million
ounces. It has since been on the
decline. In 2006, the gold
production stood at 2,467 tons.
The output declined further in
2007 following labour unrest in
the mines of South Africa, the
world's largest gold producer.
The high rates of economic growth
in China and India, the world's
second and fourth largest
economies in terms of purchasing
power parity (PPP), as well as in
other emerging economies such as
Russia, Brazil and Argentina,
have generated a lot of
disposable income among the
middle and high income groups in
these countries which are
increasingly investing in gold as
a security against financial
uncertainties. India is the
largest consumer of gold
jewellery in the world, followed
by China, Turkey and Russia.
However, Indians favour 22K gold
for making jewellery as against
the preference in most other
markets for 18K gold.
Thanks to India's import
decontrol of gold in the 1990s,
the gold jewellery business has
grown very fast. The industry has
been witnessing an unprecedented
boom since 2001 despite the
continuous rise in the price of
the metal. Notwithstanding Indian
woman's insatiable passion for
gold jewellery, the rising demand
for gold in keeping with the
rising prices of the metal beats
the basic economic theory of
demand elasticity for
non-essentials. Many believe that
the unusual spurt in the local
demand for gold has a lot to do
with the increasing accumulation
of unaccounted money with various
wealthier sections of the
society, trade and commerce,
which is being invested in both
gold and real estates like never
before. A substantial drop in the
demand for gold in India could
halt the global gold rush.
However, it can only happen if
the government is a little more
vigilant about the people or the
factors contributing to this
unusual buoyancy in the bullion
business and take measures, if
necessary, to halt the misuse of
the market by dishonest
investors. This is unlikely to
happen.
The total number of the
individual income-tax assesses,
which has gone up sharply in the
recent years, stood at only 3.2
crore in 2007. The number of
actual tax payers is only 2.7
crore. Among them, the assessees
with declared annual income of
over Rs. 10 lakh number less than
one crore. These numbers hardly
justify the latest boom in the
retail jewellery business all
over the country with thousands
of new gold shops coming up in
every major state in the last
seven years. However, there is no
reason to believe that the
government of India is
particularly concerned about the
latest gold boom or it is
inclined to disturb the system to
invite itself being in the eye of
the storm before parliamentary
elections. (IPA)
|
|
Increasing
affordability decreasing governance
By Ramesh Pandita
& Meenakshi Koul
By and large all the
developments which take shape with every
passing day, by far seem to be easily
adjusting to the requirements of society,
but what, we are often left deprived of
is the governing affordability of the
inclusion of that particular change,
which the development is going to bring
with it. Same is what we may experience
in the coming days, when we will see that
people have attained the affordability of
purchasing the vehicles and we on the
contrary are heading towards the losing
of governing affordability of the same.
Whether we talk in terms of Environmental
degradation or other consequences which
society in general is already facing in
terms of, congestion, free movement,
traffic regulation problems, pedestrian
movement, emission of noxious gasses
thereby making it always difficult to
breath easily on road side and even at
home in major metropolis cities and many
more. We have already started losing the
battle in defending the treasures of
nature and our cries, how hard they may,
'Mother Nature' is not going to listen us
so easily as it may seem and the
consequences to this effect have started
taking the shape and the mere teaching
and introducing the subjects like
Environmental Sciences from elementary
classes to children is not going to turn
things upside down for us over night.
Addressing the issue by bringing some
stringent laws is definitely going to
make the difference, and this is what is
going to be the only alternative if we
really want to give longevity to our
posterity, which has started succumbing
under this haze. And if we can not afford
to make more vehicles to be driven on
road then why we are making affordable
vehicles, when no one is in position to
afford all this.
India and china are supposed to share
almost 35 % of the total world population
and in terms of consumption the figures
in itself should depict that in all this
much percentage should be the share of
these two countries in every sought of
consumption. Now, since talking in terms
of poverty and non-affordability of the
people of these twin populace countries,
till recent past, we should count it as a
blessing in disguise, as their non
affordability helped a great deal to the
people all across the world to enjoy the
fruit of every luxury which they where
able to afford. But now, the things seem
to be totally changing, as the attainment
of affordability by the common man of
these twin countries should really give
sleep less nights to people who had been
always advocating and vowing for the
cause of environmental safety, its
conservation, protection and promotion.
We had been already reeling under the
threat of introduction of new vehicles on
roads in almost all types of cities and
towns across the whole world. On daily
basis, in Delhi alone, it is estimated
that almost 1000 new vehicles get daily
introduced on roads and talking about the
emission of noxious gases by these
vehicles in the form of carbon dioxide
and carbon monoxide with regard to
environmental pollution would be making
fun of self. Since, being all the
recipients and consumers of this poison,
we still fail to understand the social
obligation we people have towards the
environmental protection.
The introduction of cheap cars in the
market is really going to hinder the
cause of promotion and protection of
environment. The newly introduced car by
TATA motors namely Nano, which to Rattan
Tata (CEO of Tata Group) means simply
living his promise, as he himself said on
its launch that, that a word is a word as
I had promised the masses of India to
give them 1 lakh car so I lived my word.
But I believe, he should have also looked
at the darker side of promise, which we
may face in near future. Looking at above
facts, it is wide apparent that we will
fail, if we directly try to make a curb
on introduction of new vehicles on roads
because in principle we don't have any
direct role to play other than our
obligation of which we hardly make any
use. So far this what we can do, is
* Introduce a law, where, a person, if
intends to purchase a vehicle must seek
prior permission from Regional Transport
Authority, on grounds that the person has
no other vehicle, old or new, and is, for
the first time seeking permission to
purchase a vehicle. And in case he is
seeking permission for a purchase of new
vehicle on grounds that he wants to
dispose of his old vehicle, should get
the same first done with a proper sale
deed and should produce the same to
concerned authorities as proof. He should
also seek a clearance certificate from
the concerned Developmental Authority
that the applicant has sufficient parking
space of his own in his own house to park
the vehicle. The space should get
properly measured and verified by the
authorities and should be recommended
with the type of vehicle the applicant is
eligible to purchase as per his parking
space available. As most of the time we
have seen people purchase vehicles but
keep them always parked out side their
gate in lanes and is always a cause of
trouble to general people with no easy
and free movement of vehicles in lanes
and even pose difficulty to pedestrians.
Even if some other have parking space
inside their homes, most of the time it
remains unused as the size of their
vehicle is always larger then the size of
their parking lot hence are forced to
park their vehicle out side or road side.
So to over come this problem it becomes
imperative to get the parking space
properly measured and the recommendation
be made, as, with what type of vehicle to
purchase the applicant is eligible for.
* Affordability of the vehicle should be
introduced with a clear note of the total
income of the person and should not be
authorized simple on family income or the
business income of a family business man.
As, the son of business man should not be
treated as eligible for purchase of
vehicle if he/she has not his/her own
income either as an employee or as a
business partner or as an individual
businessman with proper business license
and that too with valid age certificate
of having attained the right age of being
treated as business partner or as an
individual businessman. Simply children
of elite class should not be given
privilege of having vehicles by the money
earned by their parents; this should
debar the school and college going
children and all other dependent members
of a family.
* A specific age group people, be allowed
to drive the vehicle and suppose it be
between 18 years to 65 years old, and any
body blow or above this age group be
dealt under law. Besides, a person
fulfilling all conditions to drive the
vehicle should always accompany the below
and above age group people.
* We should draw limits both on distance
covered in kms up to which a person
should be allowed to drive and on the
purchase of fuel per month or week by a
person and the violation of the same
should be dealt under law.
* It should be mandatory on the part of
every person to plant a minimum number of
saplings in forest cover or any other
green cover prior to attaining permission
to purchase a vehicle. All this would
help one to assess how judiciously one
should use vehicle and the emission of
noxious gasses is going to affect the
greenhouse.
|
|
