Monday 29 August 2011

Error of Judgment

Salman Khurshid the Min of Law, himself a SC lawyer, has admitted to the government making an error of judgment in dealing with the civil society.

This sounds insincere as errors of judgment are usually made when judgment is exercised, which in this case no one did. Everyone was blaming everybody else; no one took responsibility. The PM was conspicuous by his absence in the first week.

This GOM or collegiate type of decision making can be problematic. In the past the PM stood up and took responsibility and handled a crisis with the help of his or her advisors and not vice versa.

Considering that the PM has declared mending relations with Pakistan as a major objective of his political career should he not add mending relations with his own people as an equally important goal?

In today's Indian Express, Jerry Rao has reminded the PM about how many of his predecessors had signed agreements with non-politicians. Rajiv-Longowal Acord, Rajiv-AASU Accord, Indira Gandhi-Sheikh Abdulla Accord etc. Worth a read for the PM.

It would be interesting to see how the Chairman of the Parliamentary Standing Committee Manu Singhvi, also a SC lawyer, now handles the hot potato of the JLPB. Many of his party colleagues are unlikely to accept Anna's suggestions with grace.

Sunday 28 August 2011

Its cool to be honest

Pompous, sanctimonious, supercilious and condescending are not adequate adjectives to describe these pseudo-intellectuals who are even now questioning the sincerity of Anna's overall objective of ridding our society of corruption. people are fully aware that one bill alone cannot do that and hence will continue to remain vigilant. We do not need sermons from you. Be honest for once, and accept that the average Indian is beginning to change. As Chetan Bhagat has said, its cool to be honest. What a simple yet profound statement!!

A Half Victory but a Total Defeat?

All those who doubted Anna's credentials and disapproved of his methods have been proved wrong even if his followers have not won a full victory. All those who stubbornly ignored and later opposed the demands of the people by disingenuously calling them 'middle class exclusive urbanites' who did not represent the larger majority of the Indian citizenry and were in fact marginalizing the Dalits, minorities and the other depressed classes; an absolutely preposterous charge. These doubts and allegations were made/aised by those who believed that their brand of voe bank politics was supreme and could not be challenged ever.

Today, some editors are quoting critics and defendents alike to make the same point that even if the movement succeeded its demands that parliament pass what the civil society had wanted, was essentially undemocratic. I have great respect for Sharad Yadav and Om Puri. Shekhar Gupta in today's Indian Express cites Om Puri as calling the MPs Ganwars and gives Sharad Yadav's example as being a representative of the rustic classes. Gupta's argument is totally disingenuous. Sharad Yadav is not the right example as he is experienced, educated and wise and witty but what the civil society was objecting to were theMPs who got themselves elected on the promise of working for the depressed classes but in fact lined their own purse and wantonly robbed the country. Both the urban and rural backward types quickly learned the ropes and became wealthy and arrogant beyond belief. So Mr Gupta, please do not try to defend them. As I have asked before, "What if instead of 151 all 543 members of the LS have a record of serious criminal offenses?" Will Mr Gupta still defend them as being the supreme representatives of the supreme parliament. Mr Gupta, you have rightly recalled all that is wrong with vote bank politics and the attendant corruption. Why then this opposition to the people fighting for their rights as a last resort? Surely, had the ruling class been half as sensitive and honest the civil society would never have succeeded.

The Second Coming

This is a day too late. On Friday, the Prince Charming as Brinda karat called him, suddenly came to grace the August House. His arrival was as to be expected, celebrated by the "Eleventh Day Adventists". Although not an original idea nor a feasible proposal his suggestion to make the Lok Pal a Constitutional Appointment was hailed by all his young followers while the old ones had no option but to keep quiet as the Heir Apparent had usurped the pregrogative of the Prime Minister. But again that was to be expected since the PM functions at the pleasure of the President not of the Republic but of the Congress Party.

Anyway, with all the confusion and the clearly evident insincerity it was feared that the August House and its even more illustrious members will not honour Anna's 'three demands' and the 74 year old would have no option but to continue his fast despite serious warnings of his health failing.

What a farce? Suddenly, the Ministers found that no notices were given and many other excuses which the Janata saw through as a poor stratagem to somehow avoid the inevitable.

I was getting worried that the old man would take ill but thank God he proved a tough customer.

Hope of some kind of a breakthrough remained alive.

Friday 26 August 2011

All Indians are hoping with bated breath that the Lok Sabha passes the resolution on the JLPB, especially the three sticking points today even if it means extending the session late into the night. On the resolution hinges Anna's decision to end the fast. We cannot take chances with his health.

Anna has also resolved to continue his protest at Ram Lila grounds until the JLPB issue is fully resolved. His supporters the world over must maintain the momentum and intensity of the protest.

I am sure, Anna will now seriously address other long pending issues such as electoral reforms. What we need first is a law that prevents people with criminal record entering our parliament.

We also need to ensure that the right to recall an MP or MLA must also be included as also the option of 'None of the above', if our elections have to become meaningful. Anna has already mentioned this point in his many talks with his supporters.

While on the subject of electoral reforms we must also very seriously consider the continued usefulness or otherwise of the Rajya Sabha and Upper Houses of Legislature in some of our States. It, prima facie, serves little useful purpose and is a big drain on the exchequer. Upper Houses in the States as also the Rajya Sabha have for many decades been 'rehabilitation centres' for defeated leaders. Those nominated from other walks of life, (few exceptions apart) have by their own admission hardly ever made any comment leave aside contribution. Why then should we continue wasting precious money on this dead institution?

But today the priority is to pass the resolution so that Anna can break his fast.

Rahul Gandhi's suggestion that the Lokpal should be a Constitutional Appointment is clearly a red herring to divert the attention and delay the proceedings. I think it was in very poor taste. He simply does not understand the gravity of the cureent situation or worse, does not care.


Thursday 25 August 2011

True Colours

Our politicians hae shown their true colours by their sleight of hand. They are at once appearing to listen to Anna and at the same time rejecting the Jan Lok Pal Bill (JLPB).

Today there are 151 MPs with a record of serious criminal cases against them. What if this number goes up to 300 or even 500 tomorrow? Will we still say that Parliament is Supreme?

During the emergency and later, these very people told us that law abiding citizens need not worry about draconian laws like the MISA. These are the same people who go out of their way to protect convicted terrorists and money launderers giving false excuses about their inability to challenge the laws of the country.

They do not want the JLPB simply because there are some provisions in it that will expedite legal action and prosecution against the erring people. No longer can they say, "Let the law take its own course". Because if the JLPB becomes effective they would be on the streets in less than two years and not enjoy the perks of a MP while being in jail or with the Fodder Scam case pending in courts for years. JLPB will expose them, many skeletons and wads of notes will tumble out of their cupboards and their wealth will be confiscated.

Hence neither the ruling coalition nor the opposition wants an effective Lok Pal Bill.

It is not the small time corruption that these self-appointed protectors of democracy and parliamentary traditions are worried about. The part of the money so gained undoubtedly comes to them but the real big money comes from granting permissions and approvals such as land use conversion, enhanced FSI, import/export license,contracts, appointments and a whole host of activity that allows them to seek and collect rent. Who says the 'License Permit Raj' is gone. Every new law is in fact carefully crafted to create new opportunities to collect rent/bribes. So why would they allow anyone to kill the golden goose?

All other explanations are intellectual jugglery and play on words by these very accomplished word-smiths.

These Ivy League types cannot stomach the fact that a former soldier, a lowly driver, with no high class education can make their life difficult or threaten to expose their very highly refined system of robbing the country.

They are now instigating the so called deprived classes like the Dalits and minorities against the Anna movement. In effect they are telling these groups that if the JLPB comes in we cannot look after your interests; so you better support us.

They are shedding crocodile tears on Anna's health and do not give a damn if corruption becomes even more rampant or inflation touches a new high, so long as they can continue to manipulate elections. The politicians are in fact proving Anna right by not agreeing to even discuss the JLPB in good faith.

Many intellectuals, historians, reputed(?) editors, media anchors and high-visibility academics and social workers dressed in designer clothes are shedding tears over the putative loss of parliamentary supremacy. All of them have at some time or the other benefited from the current system, be it a Sarkari house or a job, a fellowship or chairmanship or membership of some elite group that gives them extra-constitutional authority.

We the marginalised, disempowered and disenfranchised people better not get misled by these false, dubious and downright fraudulent entreaties of these corrupt leaders and their sophisticated supporters masquerading as defenders of democracy. Many of them have routinely supped with the enemy and the traitor. Is it any wonder that Arundhati Roy and Manishankar Iyer and others who regularly weep for Pakistan and for the human rights of the terrorists are among the more vocal opponents of the Anna movement. Wait a little longer and see how these chameleons again change their colours when the wind changes.

Wednesday 24 August 2011

Why we need dreamers?


I have huge problems with those who say that the Lokapal Bill, however strong, cannot rid the country of corruption.

There could be two reasons for this pessimism. First, these people are practical, have seen life, know well the way our government and society work. They know only too well the enormous capacity and ingenuity of the Indian mind to improvise, to find ways to beat the system by discovering new loop holes in it. They, therefore, are somewhat justified in dismissing the Lokpal Bill as yet another law that will sooner than later become ineffective.

Second, then there are those who perhaps do not want corruption to be removed completely. As Shri Arun Shouri had said over two decades ago, “Every Indian wants corruption to end, but only after he or she had got his son/daughter admitted into a Medical College, only after his promotion/transfer or whatever was through. Such of our fellow citizens who really believe that it would soon be business as usual might be in for a shock. Some, no doubt, would try to wiggle their way out of laws and regulations but I strongly believe that if a truly deterrent law is brought on the statute and the Lokpal is indeed successful in expeditiously acting against corrupt individuals it is not too much to hope that corruption would be a thing of the past. The younger generation thinks it is cool to be honest and that is a huge catalyst. There are after all a few countries where corruption is almost non-existent. Why can India not join their ranks?

Here we must also acknowledge the role of the bribe giver. If we refuse to give bribe, lodge a complaint, and genuinely do not try to ‘jump the queue’ then it should be possible to eradicate corruption and weed out corrupt individuals. There is thus a huge responsibility on us ordinary citizens too. This would require immense patience because rail reservation queues, for example, will not diminish soon nor would all the touts. Ration Cards, Passports, Driving Licenses, Pollution Under Control certificates and a whole host of other ‘permits’ will need time and all of us will have to learn to patiently wait for the process to be over.

When we doubt the efficacy of the proposed bill we are in fact betraying a kind of disbelief in our own capacity to shun corrupt ways. It is exactly like beating an old habit or addiction. Only the fear of punishment might help us get rid of our addiction which in any case is more out of impatience than a genuine impulse to break the law.

Another Appeal to Dear Anna

Respected Annasaheb,

I have been a great admirer of your work for over twenty years. Last night, I was greatly pained to see you on TV. You do not look well. We the citizens of India are worried about your health.

You and your team have rendered yeomen service by bringing the corruption issue to public consciousness. I believe, it is now very difficult if not impossible for the government to ignore public anger. I am sure the Hon. PM will address all our concerns without standing on procedures and formalities.

Former Chief Justice of India Shri JS Verma has written an open letter to Hon. PM urging him to break the impasse. Many other eminent and well meaning citizens of India also feel concerned about your health.

In view of the above and the grand success of the movement, I request you to please discontinue your fast. I am sure millions of Indians want you to remain fighting fit to lead them in this noble endeavour. We do not want you to take ill. With warm regards, affectionately, Ramesh Phadke

Monday 22 August 2011

Do'nt Waste Time

We Indians are known for snatching defeat from the jaws of victory. We are always late in taking decisions. Our government seems to have now woken up but the pace and scope of conversations with Team Anna to resolve the impasse are too slow and tentative.

What young Chetan Bhagat said was really cool. The youth of India thinks, 'Its cool to be honest'. What a great and inspiring thing to hear. We oldies who thought it was not cool to be honest are suddenly in fashion.

The usual suspects have again shown their true colors. The Shahi Imam of Delhi has told Muslims to stay away from the movement. Not many will listen to him this time.

Some have spoken of their reservations. They are suddenly shedding tears for our democracy and worse law makers. Oh yes, that reminds me the great FM, the trouble shooter for all seasons has said, "The civil society people are behaving like legislators!!!" What a faux pas. Is he paying a compliment to Team Anna or criticizing his own kind?

Nanadan Nilekani who had little or no contact with any government functionaries until he was made in charge of the UID project a little over a year ago, says he finds politicians are good, smart and wise. See how quickly association changes our thinking. "Sangat' as our parents told us continues to be important.

Lord Meghnad Desai's suggestion that like the British parliamentarians, our MPs should sit nonstop for 60 hrs and debate the bills and pass the law is great but would anyone listen to him?

Some known and highly respected individuals have also disappointed us. They say they are against corruption but do not like Anna 'blackmailing' the government. Fast unto death to them has suddenly become blackmail. We now know whom to trust and who will stand by us, the people, when the chips are down.

Fali Nariman, that doyen of our judiciary was great when he reminded us that the Constitution begins with, 'We the people' so whats wrong in people telling the lawmakers that they are extremely unhappy. Is participative democracy such a bad thing?

The young Arvind Kejariwal asked the most pertinent question. "Has any MP or MLA ever bothered to ask anyone what he or she wanted or expected of the MP or the government?" Has the government ever made a policy in consultation with the people? Rotting grain, crumbling infrastructure, potholed roads, scam ridden schemes like NREGA and JNNRUM Rural Health etc. clearly prove how every law, scheme or legislation is designed to make rent seeking easier. Peaceful protests outside MP's houses is a great idea.

Sunday 21 August 2011

Action not Surprises

The government spokesperson Shri Singhvi has said that the Standing Committee may yet surprise everyone. What could such a cryptic comment mean? Is it simply to defuse the current empasse? People want action not surprises.

The Lokpal Bill Movement is at a very crucial stage. A 74 year old Gandhian is on indefinite fast and there is no time to waste. A quick overview of comments made by some wise persons as also the gist of the interview that Shri Prashant Bhushan and Shri Arvind Kejariwal gave to STAR News Hindi at 4PM to 4:45PM on Sunday clearly shows that if the government wants to sincerely resolve the issue it will have to withdraw the old toothless bill and introduce the Jan Lokpal Bill draft and agree to have a debate in the parliament. For obvious reasons many parties might not like to discuss/debate the bill in public but they must be compelled to make a public commitment that they are indeed against corruption and truly want to punish the corrupt. Put your money where your mouth is.

Merely depending on the Standing Committee may not work. Some very prominent and knowledgeable commentators have often argued against handing over Cabinet responsibility to the so-called GOMs or Groups of Ministers who invariably play the role of delaying decisions instead of expediting them. The general public is understandably wary and even suspects government 'bona fide'.

As brought out in the interview, the government must agree to sincerely work towards passing an effective bill. As Shri Anna Hazare has already indicated, he has many other issues on his agenda such as electoral reforms, right to recall, laws governing land acquisition and the like. If we do not move forward on the Lokpal Bill it is very likely that the general public would view government attitude as unhelpful or worse anti people. Surely, no one wants that outcome. It is imperative that the government acts now if it really wants to address people's grievances.

Tuesday 16 August 2011

Govt Explanation

The press conference by the Mr Chidambaram, Ms Soni and Kapil Sibbal appeared to be a belated attempt to engage in 'legalese'. Being eminent lawyers, they could glibly explain their way out of the current predicament; or say they thought. They may be legally right but the whole question is political. Why cannot the government forward the Anna version of the Bill also to the standing committee of the parliament? The main sticking point is that although there is agreement on 34 of the 40 points or principles, the six points rejected by the govt are the ones that totally dilute the provisions of the bill. Yes others may have an opinion but surely no one would like to bring a 'toothless' Lokpal Bill. Let the parliament reject or modify 'Team Anna' suggestions. What is wrong in bringing senior bureaucrats, ministers, the PM and even the judiciary under the Lokpal? Let it be debated in parliament and rejected through a democratic process. Why is the govt pre-empting the outcome? Do not forget; the people are fed up of corruption and also the namby-pamby ways in which successive govts have handled cases of corruptions. I would request the Home Minister and Shri Sibbal to give the people of India just one simple answer. They know that most (not all) MPs and MLAs declare their assets before contesting an election. We have noticed and the govt can check this that in most cases when we compare the figures over five/ten years, there is a huge increase in their assets in just five years. What is this magic formula by which an MP or an MLA leave aside ministers make so much money when he/she is supposedly busy serving the people of the country? Will the PM like to try answering that? Will you share this magic formula with the Aam Adami? Why when the US and many other European governments have managed to get all details of moneys stashed in Swiss banks, it is only the Indian govt that finds it so difficult and gives lame excuses such as absence of bilateral treaties? I think the govt and many other well informed people have completely under-estimated the extent and scope of people's anger on this issue. If they do not find some effective ways to address people's grievances, our society could face very serious difficulties and our democratic system might come under threat.

Monday 15 August 2011

Who is afraid of Anna Hazare?

Unlike numerous other protests that we see in India, the one spearheaded by Anna is not merely raising a regional issue like Gujjar, Telangana, Amarnath Yatra land allotment or even Bhatta Parsole land dispute or Adarsh in Mumbai but one on widespread corruption that has found resonance across the country and across all classes which means that it threatens the status quo and questions the legitimacy of our governing classes. No doubt the UPA has been democratically elected and has every right to continue to rule the country so long as it enjoys a majority in parliament. What the civil society activists are asking is to include their version of the Lokpal Bill for consideration of the parliamentary select committee. Why is the government scared of including it even for consideration is not understood unless it thinks that its mere inclusion would raise uncomfortable issues that will shake the very foundations of our democracy. The simple question is: What does an average citizen do if she or he is unhappy with the way the government is addressing her/his legitimate grievances? How can the government insist that all those who want to protest must first become members of the parliament? Does this mean that an average citizen cannot raise his or her voice against the ruling coalition? Yes, tomorrow, the UPA may arrest all these people for breaking the law but would that resolve the issue? The judiciary will in all probability strike down the government ruling and the civil society activists would once again be free to start their agitation. Would some one explain?