Speaker cancels meet with U.S. team over envoy arrest
Shiv Shankar Menon also did not meet the Congressmen, apparently for the same reason, say sources
Lok Sabha Speaker Meira Kumar cancelled her meeting with a U.S. Congressional delegation here on Monday in protest against the handcuffing of India’s Deputy Consul General in New York Devyani Khobragade.
National Security Adviser Shiv Shankar Menon also did not meet the Congressmen, apparently for the same reason, said sources.
Ms. Kumar, a former IFS officer, cancelled the meeting because she felt it was not appropriate to meet the parliamentarians after a senior diplomat had received such shoddy treatment.
Meanwhile, media reports this week said after her arrest Ms. Khobragade was apparently “strip searched”. While none of the reports named the “sources” that gave this information, Daniel Arshack, attorney for Ms. Khobragade, told The Hindu that she had been “treated incredibly shabbily.”
(With inputs from Narayan Lakshman in Washington)
Presidential reference to Supreme Court an option
Else, the law intern can file a criminal complaint and pursue it in a court of law
With the law intern’s affidavit filed before the three-judge probe panel clearly establishing that Justice A.K. Ganguly, Chairperson of the West Bengal Human Rights Commission, made “unwelcome sexual advances” at her, an option available to the Centre for his removal from office is through a Presidential reference to the Supreme Court.
Additional Solicitor General Indira Jaisingh wrote to Prime Minister Manmohan Singh that the Union government should make a Presidential reference invoking Section 23 (1A) of the Protection of Human Rights Act for the removal of Justice Ganguly.
The ASG said this provision must be invoked.
The other option is that the law intern must file a proper criminal complaint against Justice Ganguly and pursue it in a court of law to take the matter to its logical conclusion.
BJP, Trinamool demand Justice Ganguly’s resignation
Inflation soars to 14-month high
Inflation rose to a 14-month high of 7.52 per cent in November as food items, especially potato and onion, became costlier, strengthening the case for the RBI to increase the key interest rate by another 0.25 per cent for the third time in a row at its policy review later this week.
Agni-III test-firing tomorrow
The Strategic Forces Command of the Army will test-fire Agni-III from the Wheeler Island, off the Odisha coast, on Wednesday morning.
The two-stage surface-to-surface missile, which uses solid propellants, is 17-metres in length, weighs about 50 tonnes and has a diameter of two metres. It can cover a distance of 3,000 to 3,500 km in about 14 minutes. It can carry a nuclear warhead weighing about 1.5 tonnes.
The Army has already deployed Agni-I, Agni-II and Agni-III missiles. All of them can carry nuclear warheads.
Cannot ignore benefits of GM crops, says ‘Venki’ Ramakrishnan
Nobel laureate Venkataraman ‘Venki’ Ramakrishnan on Monday came down heavily on those opposed to genetic modification of agricultural crops.
In an exclusive interview to The Hindu , he said there was definitely a need to be careful while dealing with GM crops with proper regulatory mechanism, but one should not ignore the tremendous potentials on offer such as in terms of developing drought resistant varieties and crops with more nutrients and with greater shelf life.
“India has to feed a large number of people. We can’t ignore the potentials of GM crops. We, no doubt, need to be careful, and have proper controls and effective regulations.”
He noted that varieties of wheat, rice and other crops that are cultivated today were developed over the centuries from the wild varieties through various man-made techniques of selection. “Genetic modification is just another tool for selection [developed scientifically].”
He rejected the argument of anti-GM groups and activists that GM crops are promoted by large multinationals and must, therefore, be opposed in the interest of the sovereignty of developing countries and to protect their small and marginal farmers.
“If needed, India and other countries can set up their own national agencies or institutions to ensure that genetic modification could be pursued independent of the MNCs. But, we can’t ignore the great potentials of GM crops. We can’t do without them. We should not mix up issues.”
A fellow of the Royal Society, Dr. Ramakrishnan is here for a series of lectures in Hyderabad, Bangalore, Pune, Mumbai and New Delhi. In Hyderabad, he will speak at the Centre for Cellular and Molecular Biology, the Birla Science Centre and the C.R. Rao Advanced Institute of Mathematics, Statistics and Computer Science. In Bangalore, he will speak at the Indian Institute of Science and the National Centre for Biological Sciences. In Pune, he will deliver a lecture at the National Centre for Cell Science and the Indian Institute for Science, Engineering and Research and in Mumbai at the Tata Institute for Fundamental Research and University of Mumbai.
Asked whether he had plans to go in for collaborative research with Indian institutions and research groups, he reiterated that there was no scope for it in his field of study. “We are a self-contained team in Cambridge. The issue of collaboration would arise only if we lack in expertise in any area of our interest. There is no such need now.”
Asked about his future plans, Dr. Ramakrishnan said he was planning to learn about the latest developments in the area of electron microscopy. “There has been lot of interesting developments in electron microscopy in the last one to two years, particularly during the last one year, which would help us a great deal in our work. I plan to learn them.”
Doha to take in a scent of Kerala
The city of Doha, the capital of the Gulf country Qatar, will be engulfed in the fragrance of the State thanks to a huge consignment of flowers worth Rs.1 crore sent there through the Cochin International Airport Limited at Nedumbassery on Monday.
The unique consignment of 53,000 kg of flowers is to be used to decorate the city on the occasion of the National Day of Qatar that falls on this Wednesday. It was exported from the CIAL Perishable Cargo Centre by a special freighter of Etihad Airlines.
The consignment of 10,000 packets of flowers arrived at the Kochi airport in 19 reefer trucks from various locations of Kerala and Tamil Nadu. It was exported by a Chennai-based agency.
Flowers of various species from jasmine and lilium to polianthes tuborasa were among those exported to deck up the city on the special occasion.
Special arrangements were made at the airport and the Customs wing to receive and handle the cargo. The transaction indicated the kind of business the perishable cargo centre at the Kochi airport can look at with the kind of infrastructure at its disposal.
The centre is capable of handling temperature-sensitive products like fresh vegetables, fruits, flowers, marine and pharma items. Highly perishable goods are being brought to the centre in reefer trucks in order to maintain the freshness and quality of the produce.
The centre turned operational in February 2009 with the financial assistance of Agricultural Processed Food Products Export Development Authority (APEDA).
Tuki for Delhi to push for creation of district councils
Arunachal Pradesh Chief Minister Nabam Tuki on Monday led a delegation to New Delhi to pursue the Centre for the creation of Autonomous District Councils (ADCs) in the State, a long-felt demand of people.
The delegation, comprising Ministers and legislators, would meet United Progressive Alliance chairperson Sonia Gandhi, Prime Minister Manmohan Singh and Union Home Minister Sushil Kumar Shinde to pursue them for creation of Mon and Patkai ADCs, for their speedy socio-economic development, official sources said.
The State Cabinet, at a meeting on December 11, decided to take up the granting of Mon ADC for Tawang and West Kameng districts and Patkai ADC for Tirap, Changlang and Longding districts with the Centre, taking into consideration a resolution adopted by the Assembly.
About 20,000 people from all sections staged a rally at Tawang on November 25 last, demanding grant of ADCs before the next general election due early next year.
The Assembly first adopted the resolution moved by T.G. Rinpoche in 2004, again in 2007 before endorsing the same yet again on September 23 last when Mr. Tuki assured of meeting the Union Home Minister to pursue the matter along with the resolution.
Notably, Assam, Meghalaya, Mizoram and Tripura are under the Sixth Schedule of the Constitution with scheduled area provision for creation of ADCs, whereas Arunachal was not given the Constitutional benefit, according to experts. — PTI
Iran backs deep-sea gas pipeline to India
Feasibility studies for the multi-billion-dollar conducted
Iran is focusing on exporting natural gas to India along a deep-sea route — the move coinciding with the cancellation of a loan to Islamabad to build the Pakistani section of the Iran-Pakistan gas pipeline and the signing of the Geneva nuclear accord that could help relax sanctions against Tehran.
“Negotiations were held with three Indian companies for [their] purchase of gas from Iran, and general agreements have been reached,” said Ali Amirani, director of marketing at the National Iranian Gas Exports Company (NIGEC), as quoted by the Tasnim news agency.
He added that India’s South Asia Gas Enterprise Pvt. Ltd. (SAGE) had conducted feasibility studies for the multi-billion-dollar undersea pipeline, which could carry gas from Iran’s giant South Pars gas field to India’s west coast. Mr. Amirani said the project cost estimated by the company was $4-5 billion. Once operational, it could channel 31 million cubic meters of gas per day.
“We are in regular touch with the Iranians and at this moment they are the only country, among energy rich nations of the Persian Gulf, which has the surplus gas to export to India,” said Subodh Kumar Jain, Director SAGE, in a telephonic conversation with The Hindu .
He added that there were no technical hurdles to build the deep sea pipeline, and the project, which was financially viable, could be completed in 4-5 years, once the sanctions against Iran are lifted. “There could be several options but one of them could be bringing Iranian gas to the port of Chabahar from where it could either be transferred directly along the seabed or via Oman, which could also become a beneficiary”.
Iran’s interest in the India-centric project coincides with the cancellation of its $500-million loan to Pakistan to build part of a pipeline to funnel natural gas. Iran’s deputy Oil Minister Ali Majedi said cash-strapped Iran was not obliged to finance the Pakistani side of the project.
In boosting exports, the Iranians have identified countries which could be linked with cost-effective pipelines to receive gas, and others which will have to depend on LNG tankers. “The Indian subcontinent, Turkey and Europe are good markets for pipeline gas exports from Iran and the next step will be exporting cargoes of LNG for countries located farther,” said Iran’s Oil Minister Bijan Namdar Zanganeh. He added that Iran had a solid opportunity to strengthen exports as no other country in the Persian Gulf, except Qatar had any surplus to sell gas abroad.
Feasibility studies done; negotiations held with 3 Indian companies
“Iran is the only country in Persian Gulf that has surplus gas to export to India”
Ending ‘VIP culture’ in public governance
There is a need to arrest the ‘ laal batti ’ [red beacon] culture in public governance. The Supreme Court of India has been delivering a variety of judgments on matters of public governance, and these have been the subject of debate and discussion. Some of these related to the role of criminals in legislatures, the option to exercise the voting right to reject all contesting candidates by what is known as the “none of the above” option (NOTA), insisting on a fixed tenure for top civil servants’ postings, effecting the transfer of senior civil servants through a Civil Services Board, and civil servants necessarily obtaining written orders from their political masters before implementation. The latest judgment on the use of the red beacon has become a bone of contention. It is indeed timely, significant and relevant as it attacks the feudal mindset of our public servants.
A view has often been expressed that such intervention by the Supreme Court to improve the quality of public governance and democracy would amount to judicial overreach, not warranted by the spirit of the constitutional provisions. In line with this critical view, Pinky Anand, a Senior Advocate in the Supreme Court, wrote in The Hindu (“Keeping politicians at bay”, Nov. 26, 2013) raising some issues on the role of the bureaucracy and politicians, and the maintainability of the petition filed under Article 32 of the Constitution on the relationship between politicians and civil servants. The author stated: “The Supreme Court has assumed itself to be superior to Parliament and is directing Parliament to enact new laws, which seems to be violating the fundamental principle of Separation of Powers.”
But nowhere did the judgment suggest or imply such a view. Para 29 recognises Parliament’s authority to bring in legislation to set up a Civil Services Board. A reference is made to the statement by the Union government’s counsel to the effect that a draft Bill titled “Civil Services Performance Standards And Accountability Bill, 2010” was under the government’s consideration. In several cases, including Vineet Narain (1998) and Prakash Singh (2006), the Supreme Court had recommended legislation to fill the vacuum, and issued directions as an interim measure.
The Supreme Court invoked this approach in the landmark judgment in Vishaka vs. State of Rajasthan (1997), setting out guidelines to prevent sexual harassment and discrimination at the workplace. Although one may not differ with Ms. Anand in arguing that the vacuum in governance prompted the judiciary to step in, the reluctance, indifference and insensitivity on the part of governments cannot be overlooked. The main reason for such an attitude seems to be the fear of erosion of political authority in governance.
A case in point is the lackadaisical approach to the subject of electoral reforms. Although some electoral reforms were recommended by the Election Commission of India, the Law Commission and civil society organisations, ruling parties have justified their inaction on the ground that there was no political consensus. It is amazing that while many pieces of legislation are being enacted with the necessary majority, election reforms and such other governance reforms are not getting through owing to lack of political consensus. This is but lack of political will, and is based on selfish reasons of survival.
Ms. Anand questioned the competence and expertise of the petitioners in asking the “judiciary to overreach into the domain of the executive”. The petitioners made no such request. Their expertise cannot be doubted, considering that collectively they had 2,500 man-years of hands-on experience in public administration. All that they sought was action on the reports of government-appointed commissions and committees, including the Administrative Reforms Commission which was headed by political personalities.
The court’s direction on the subject of the tenure of officers is criticised as an act of “taking away the privilege of Ministers to work with the best officers of their choosing”. But the author overlooks the fact that the judgment explicitly recognises the right of the political leadership to overrule the recommendations of the Civil Services Board by stating that in such a case the reasons had to be recorded by the political masters. The judgment does not in any way impinge upon the domain of the political executive.
An obnoxious nexus
Supreme Court judgments on such matters relating to public administration should not be seen as an issue between the political class and the permanent executive. On the other hand, it has to be seen as an attempt to promote good governance and quality democracy in order to achieve the rule of law and equality of opportunities. Unfortunately, in India there is an obnoxious nexus between some members of both the political class and the bureaucracy, which has, over time, gradually resulted in deterioration of public governance.
This process seems to have started soon after Independence. Vallabhbhai Patel, India’s first Deputy Prime Minister, said in 1950: “Certain tendencies and developments in our administration and public affairs fill me with some disquiet and sadness of heart. Our public life seems to be degenerating. We talk when the paramount need is that of action. With all the sincerity and earnestness at my command I appeal to all my countrymen to reflect on what they see in and around themselves.”
This aspect was highlighted in detail by the Shah Commission report which inquired into irregularities in administration during the Emergency (1975-77). The feudal culture of public servants (and politicians in office) seems to be the bane of our public administration. And it is spreading, resulting in lack of sensitivity, efficiency and accountability in public service.
It is therefore necessary that the political executive and the permanent executive realise they are public servants first, and that it is their duty to work in harmony to achieve the constitutional objectives. Let it be clearly understood that public governance in a democracy is not the private business of any one section. It is the collective responsibility of the government as a whole.
Today, the conditions and circumstances of public administration are different from what they were some time ago. A vigilant civil society, ever-watchful media and the Right to Information Act require that politicians and the bureaucracy are held accountable and their actions remain transparent. They will frequently seek intervention by the judiciary to protect the fundamental rights under a good and effective public governance.
Caveat against power hunger
In 1947, India was an infant aspiring to grow in the comity of nations. The freedom fighters undertook another task of drafting the Constitution based on other countries’ experiences.
One of the issues highlighted in the discussions at the drafting stage was the anxiety to avoid concentration of power in a few individuals as naked greed for power will destroy democratic principles. However, what has actually happened in India in the last few decades is shocking and demoralising. The best political and governance practices have been distorted and twisted by those in power.
We have to realise that there is an urgent need to change the country’s administrative culture if we have to survive as a nation. We need to get away from the leisure culture where public holidays and delays contribute to deficiencies in the delivery of public services. We need to get away from the feudal culture of politicians and civil servants, who adopt a domineering attitude while dealing with the common man. We need to get away from the hostile attitude between the politicians and civil servants vying with each other in exercise of their power.
What we need is not keeping at bay either the politician or the civil servant; what we need is a clear demarcation of their respective roles in rendering public service.
The laal batti culture, frowned upon by the Supreme Court, higlights the need for urgent administrative and attitudinal change.
(The author is a former Chief Election Commissioner of India. Email: krishnamurthy.ts@gmail.com)
The political executive and the permanent executive should realise they are public servants first and work in harmony to achieve the constitutional objectives
A law long overdue
When a bill that has eluded a political consensus for decades comes close to actual enactment, cynicism must give way to pragmatism and hope. The Lokpal Bill, passed in the Lok Sabha in an earlier form two years ago but now amended on the basis of the report of a Select Committee of the Rajya Sabha, is likely to be approved soon by the Upper House and sent back to the lower chamber for fresh passage. The Union government has dropped the provisions relating to establishing Lok Ayuktas at the State level. Instead, the Bill says States should put in place their own institutions within one year. A composite law may be preferable from the people’s point of view, but the concession is in deference to the need to federalise the anti-corruption domain. Contrary to what its critics say, the bill cannot be dismissed as weak; nor can it be seriously contended that the Lokpal does not have an independent investigative mechanism. The Central Bureau of Investigation has been placed at the disposal of the Lokpal, which will have superintendence over that agency in cases under its consideration. The need for sanction from the respective governments to initiate prosecution has been waived for cases cleared by the Lokpal. The CBI Director’s appointment will be on the basis of a statutory process, and the Lokpal will have its own inquiry and prosecution wings.
A significant factor that informs the urgency shown by the political class in putting in place the anti-graft institution is the perception highlighted by the results of the Delhi Assembly election that large sections of society are disillusioned with mainstream parties that are seen as tolerant of corruption. The crusade for such a law initiated by Anna Hazare, along with the success of the Aam Aadmi Party based on the campaign for a Lokpal, has made fresh legislation unavoidable. The development is unlikely to end the debate over the adequacy, independence and effectiveness of the anti-graft institution the new law will put in place, but it will certainly be a milestone in the quest for an institutional mechanism to combat corruption. Voices of criticism on the inadequacies of the new law, some of them suspiciously raised on the eve of its passage, should not deter the two major political parties from closing ranks to get the Lokpal Bill passed in both Houses. However, the mere enactment of this Bill is not enough. The amendment to the Constitution needed to confer constitutional status to the Lokpal and Lok Ayuktas also needs to be passed. And so does the proposed law on the right of citizens to time-bound delivery of goods and services and to have their grievances redressed. Only this will fulfil the need for a strong institutional framework to curb corruption.
