Saturday, August 20, 2011

Member of Parliament Local Area Development Scheme (MPLADS)


The amount to be released in the first instalment for works proposed under the Member of Parliament Local Area Development Scheme (MPLADS) has been increased. The MPLADS allows MPs to suggest works to the Head of District to be taken up in their constituency. Projects implemented by government agencies would now be provided 75 per cent of the project cost as the first instalment, while those implemented by non-governmental agencies would be provided 60 per cent, according to Union Minister for Statistics and Programme Implementation M.S. Gill in June 2011. At present, only 50 per cent of the estimated cost is released as the first instalment, irrespective of the nature of the project, which led to complaints of delays in completion.
Conditions had been further relaxed for smaller projects costing less than Rs. 2 lakh. For them, the entire amount would be released at one go. Besides, in a bid to ensure that funds were not spread too thinly, no project costing less than Rs. 1 lakh would be sanctioned. Exceptions, however, would be made in the case of essential projects, such as installation of hand pumps, and purchase of computers and their accessories.
MPs would also be allowed to spend up to Rs. 10 lakh a year on projects in any State or Union Territory other than the one from where they were elected. “The aim is to promote national unity and fraternity among the people at the grassroots level.”
In an important departure from the past, a limit of Rs. 50 lakh per annum has been imposed on contributions to trusts and societies so that more money was available for community-related works.

“National Mission for Justice Delivery and Legal Reforms


The Union Cabinet on June 23, 2011 approved an ambitious programme that would usher in radical legal reforms aimed at disposal of pending cases in three years, from the current average of 15 years, and establishment of an All India Judicial Service. Known as the “National Mission for Justice Delivery and Legal Reforms,” it seeks to operationalise a number of plans to ensure expeditious and quality justice.
Objectives of the National Mission
The National Mission will focus on improvement in administration of justice and justice delivery and legal reforms in the entire country and it has to address diverse needs of all sections of stakeholders in a Mission Mode approach.
The Mission spanning 5 years from 2011-2016 would focus on two major goals as envisaged in the vision document, namely
(i) increasing access by reducing delays and arrears in the system, and
(ii) enhancing accountability through structural changes and by setting performance standards and capacities.
The salient features of the National Mission are:-
(1) The National Mission would comprise of Advisory Council, Governing Council, National Mission Leader and the Mission Directorate.
(2) The Advisory Council will advise on the goals, objectives and strategies of the National Mission and the Action Plan and its implementation and performance of the Mission in meeting its objectives and would be chaired by the Minister for Law and Justice and would have membership from Parliament, State Governments, Jurists & senior officers of Government of India.
(3) The Governing Council would facilitate implementation, give policy directions and oversee the work of the Mission and would be headed by the Minister for Law and Justice.
(4) The Secretary, Department of Justice would be the National Mission Leader.
(5) A Mission Directorate would be constituted to implement and monitor the various initiative / programme of the National Mission. It would be headed by an officer of the rank of the Joint Secretary who would act as the Mission Director.
(6) An Action Plan has been drawn up which would of course be subjected to change once the Governing Council meets to set out the agenda.
(7) Infrastructure development for the subordinate judiciary is the major thrust area of the National Mission. Inadequacy of infrastructure facilities in District and Subordinate courts has remained a major bottleneck in the judicial system largely contributing to the accumulation of arrears. In order to augment the resources of the State Governments for development of infrastructure facilities for the judiciary a Centrally Sponsored Scheme (CSS) has remained in operation since 1993-94 at 50:50 basis. A preliminary assessment of requirement of infrastructure for subordinate courts from the States revealed that around Rs. 7000 crore would be needed over five years for construction/maintenance etc. The Central Government outflow would be around Rs. 5500 crore over five years.
(8) The funding of infrastructure development of subordinate courts in the ratio of Central/State assistance will be 75:25 instead of the present 50:50. In case of North-Eastern State, the ratio will be 90:10 as already agreed to in the CSS Scheme by the Planning Commission. This modified scheme will be implemented under the National Mission

The Direct Taxes Code (DTC)


The DTC, which seeks to replace the Income-Tax Act, 1961, is slated to come into force from April 2012 as against the original schedule to shift to DTC from April 2011. The Finance Minister, Pranab Mukherjee, proposes to mainly rationalise the income slabs so as to reduce the overall tax burden. The lower end of the taxpayers, who account for 90 per cent of the income-tax payers, will benefit the most. Major features of the DTC are as follows:
FOR INDIVIDUALS
 The Bill proposes to increase the exemption limit for individuals from Rs 1.6 lakhs to Rs 2 lakhs. Those with a taxable income of Rs 2-5 lakhs will be taxed at 10 per cent; those in the Rs 5-10 lakhs bracket will have to pay 20 per cent; while taxable income of over Rs 10 lakhs will attract a 30 per cent tax.
PERSONAL INCOME-TAX RATES
Rate Slab Now Slab Proposed in DTC
10% Rs 1.6 lakhs to 2 lakhs Rs 2 lakhs to 5 lakhs
20% Rs 5 lakhs to 8 lakhs Rs 5 lakhs to 10 lakhs
30% Above Rs 8 lakhs Above Rs 10 lakhs
 Tax exemption limit for senior citizens above 65 years to be marginally raised to 2.5 lakh per annum from Rs 2.4 lakh at present
 A further exemption of Rs 50,000 will be available for health and life insurance premiums and tuition fees.
 Medical reimbursements of up to Rs 50,000 a year will be exempt from tax, as against the ceiling of Rs 15,000 at present.
 Leave travel allowance (LTA) will continue to get the same tax treatment that is available at present. The norm is that an employee can claim two LTAs in a block of four years.
 Individual tax-payers will also get Rs 1.5 lakh of interest paid on home loans as deduction.
 The additional exemption limit so far available to women taxpayers will be withdrawn once DTC comes into effect.
 In case of bank fixed deposits, with a maturity of five years or more, the present deduction allowed under section 80C of the Income Tax Act will be dispensed with. At present, it is part of the overall investment ceiling of Rs 1 lakh where individuals can claim tax breaks.
 New Pension Scheme: The government has proposed EEE (exempt-exempt-exempt) method of taxation for New Pension Scheme -- exemption at all the three stages of deposit, appreciation and withdrawal. Earlier, Investments of up to '1 lakh in provident fund, public provident fund, and pension schemes will be exempt. Also there will be no tax when an individual withdraws his savings from provident funds, pension fund commutation and post retirement schemes.
Impact on Dividend income
 The DTC proposes to impose a five per cent dividend distribution tax (DDT) on mutual fund houses and life insurers on income distributed by them. This norm is applicable to mutual fund scheme and insurance policy that invest over 65 per cent of the total proceeds in equity shares, or equity-oriented mutual funds.
 Currently, there is no DDT applicable to equity fund schemes or insurers on income distribution to unit/policy holders. Debt-oriented mutual fund schemes pay 14.16 per cent for individuals on dividend distribution.
FOR COMPANIES
 Under DTC, companies will pay 30 per cent corporation tax, including cess and surcharge, instead of the present combined levy of 33.2 per cent. Besides, the tax rate for foreign companies will now be the same as domestic companies.
 Minimum Alternate Tax: The rate of Minimum Alternate Tax (applicable on companies that do not pay any tax despite making profits by availing of several exemptions available under the law) on book profits is being increased to 20 per cent from 19.93 per cent, including cess and surcharge.
Tax incentives for R&D
 Companies with research and development (R&D) facilities in pharmaceuticals and biotechnology will continue to enjoy major tax incentives. The DTC Bill allows a tax deduction of up to 200 per cent of expenditure incurred on creating and maintaining an in-house R&D facility.
 The DTC Bill has also given a 175 per cent tax deduction to contributions or donations made to research institutions, national laboratory or universities. For donations to institutions engaged in statistical research or research in social science, the amount of deduction is 150 per cent.
 The government has also approved 100 per cent depreciation on all assets other than land used for scientific research. The rate of depreciation for life saving medical equipment is 40 per cent.
 The R&D expenses include salary paid to an employee or purchase of material used in research within a period of three years immediately preceding the commencement of the research operations.

The Committee on Piracy


The Committee on Piracy constituted by the Ministry of Information and Broadcasting submitted its report to I&B Minister Ambika Soni .The idea to set up a committee to suggest measures to combat various
forms of piracy, namely, films, video, cable and music piracy emerged during the 27th State Information Ministers‘ Conference held in New Delhi on December 5, 2009. The Committee was set up on December 18, 2010 with the mandate to recommend measures to combat film, video, cable and music piracy.
The recommendations made by the committee are as follows:
 Cable Television Networks Act should be amended in order to replace the existing system of registration of cable operators with the licensing system.
 Multiplex and theatre operators should be made responsible for preventing camcorders being carried inside theatres during the screening of films.
 The Internet Service Providers should be roped in to check Internet piracy by asking them to initiate action against errant subscribers.
 States should enact legislation for preventive detention of audio and video pirates as done in Tamil Nadu and Maharashtra.
 Video pirates may also be brought under the definition of ‗Goondas‘ under the Goonda Act.
 Prices of genuine DVDs should be brought down to make them affordable
 Genuine DVDs should be released simultaneously with theatrical release in order to make piracy unviable.
 Traditional 35 mm screens should be converted into digital ones so as to facilitate simultaneous release of films across the country and reduce distribution costs
 The option of allowing copyright owners to register with the Copyright Office online should be explored. Alternatively, ―censor‖ certificate granted by CBFC should be treated as evidence of copyright.

Gandhi Heritage Sites Mission


The government on September 2, 2010 decided to constitute a Gandhi Heritage Sites Mission with the mandate to develop, conserve and preserve places and locations associated with Mahatma Gandhi.
 Sites: The Mission will work on the 39 sites identified by the panel to be closely related with Gandhi‘s life and integral to his philosophy. These include Rajkot and Porbandar in Gujarat, Tilak Ghat in Chennai, Mani Bhavan in Mumbai, Beliaghat in Kolkata, Yervada jail in Pune and the place in Madurai where Gandhi adopted loin-cloth as his only clothing. It would also include some foreign locations in South Africa, United Kingdom, Mauritius, Myanmar, Sri Lanka, Pakistan and Bangladesh. The government has decided to make an allocation of Rs 42 crore to the Mission for this purpose over the next five years.

SLUMS IN INDIA


A Committee appointed by the Ministry of Housing and Urban Poverty Alleviation to look into various aspects of slum statistics and guide conduct of slum census 2011 submitted its report on August 30, 2011. The committee under the Chairmanship of Dr. Pranob Sen, Principal Adviser, Planning Commission (former Secretary, Ministry of Statistics & Programme Implementation) was given the task of studying the slum definition and to estimate the urban slum population for the whole country on the basis of available data. Major features of the Report submitted by the committee are as follows:
Estimates
 The Committee has estimated Slum Population in the country in 2001 at 75.26 million and the projected slum
population in the country for the year 2011 at 93.06 million.
 The slum population constituted 26.31 % of the urban population of the country in 2001.
 For the slum Census 2011, the Committee has recommended counting of slum population even in cities having less than 20000 as population.
Definition of slums
The Committee has suggested a different definition for slum than the current definition adopted by the Census of India and the States. The Committee recommends a normative definition based on appropriate indicators/checklists for the purpose of identification of slum areas and enumeration of population of area.
It recommends contiguous area with 20-25 households having slum like characteristics as a slum area. The following characteristics have been identified as slum characteristics:
i) Predominant roof material: any material other than concrete (RBC/ RCC)
ii) Availability of drinking water source: not within premises of the census house
iii) Availability of latrine: not within premises of the census house
iv) Drainage facility: no drainage or open drainage

US-PAK RELATIONS IN CURRENT SCENARIO

EVER since the USA attacked and killed Osama bin Laden in his hideout in Abbottabad, US-Pak relations have been constantly deteriorating. While the USA was elated by the stunning coup it had pulled off, Pakistan could only seethe with resentment, having been exposed before the world for its double dealing no less than for the fragility of its defences. Its angry response was orchestrated by the army chief himself ~ significantly, not by the civilian leaders ~ and it has dwelt on the deliberate violation of Pakistan’s sovereign space, which is presented as a great affront to national sentiment.
That the fugitive found refuge on Pakistani soil has not served to moderate Pakistani indignation though this is the glaring fact that registers most strongly everywhere else. Now that no further concealment of the facts is possible, the Pak authorities are engaged in trying to control and shape the consequences. Repeated angry sallies against the US in Pakistan have kept the pot boiling and have raised tensions between the two sides. Nor has the USA failed to hit back, and it has struck at Pakistan’s most vulnerable point, its depleted finances.
Major cuts in US support for the Pak army have been announced, and while Pakistan has tried to maintain an unruffled façade, it can scarcely hope to find any ready alternative source of financial support. It has resorted to threats to end its troop deployment along the Afghan border, something for which US financial support has been provided for many years. In this fashion, bickering and threats have replaced the cooperation that both the countries have repeatedly described as essential to the long- term outcome in Afghanistan, where trouble continues to rage unabated. 
While these differences simmer, an unending series of lethal incidents against targets in Pakistan has been engineered by Al Qaida and its sympathizers to show their anger at the hunting down of  Bin Laden. The military establishment, especially the naval component in Karachi, has been a particular objective. Terrorist groups have been able to strike against well guarded facilities, inflicting great damage and raising fresh questions about the proficiency of the armed forces. And escalating casualties among civilians caught in the crossfire have further affected public morale ~ indeed, the uncertainties are such that many have felt compelled to change their pattern of life and keep away from potentially risky public places. In these circumstances, the latent hostility towards the USA that has been visible in Pakistan even at the best of times has become greatly aggravated.
For further complication, this is the time when US withdrawal from Afghanistan is set to commence. Already there is a change of the top US commander, and one of the provincial administrations has been handed over to full Afghan control; more will follow. How far these developments will affect the situation in the ‘Af-Pak’ region is a major current concern. For all their disputation, neither the USA nor Pakistan can afford a decisive breach in their relations, so there is a series of high level consultations between them to see how best they can jointly cope. It has been announced that a few score CIA officers who were rendered hors de combat owing to Pakistan’s refusal to give them visas will now be allowed to take up their duties. So the push and shove continues, a few grudging gestures doing little to disguise the prevailing ill will.
Neither side has yet made any significant move to put their differences behind them as they face up to the uncertainties that loom ahead. The USA has been unrepentant about its intrusion into Pakistani space, and has considered that the goal fully justified the means employed ~ indeed, far from assuaging Pakistani anger, the highest US officials have periodically spoken of their readiness to strike again if similar circumstances are found to exist. So much repair work remains to be done.
Rebuffed by the USA, Pakistan has turned to its ‘all weather friend’ China. As it is, in recent months, even before the Bin Laden episode, there has been a considerable stepping up of joint activity between the two in Pakistan’s border areas. Partly this is fortuitous: floods and landslides in the mountains have played havoc with the connecting road that China had built several years ago, and Pakistan has had to turn again to China to repair what it considers to be its strategic lifeline to that country. A work brigade organized on military lines remains engaged on this task. Senior figures from Pakistan have visited China, presumably to coordinate views and actions on the fallout from the Bin Laden affair. Unlike many others, China has not been censorious about the fugitive being found in Pakistan. But neither has it moved to fill the gap created by the partial withdrawal of US support. Optimistic Pakistanis may have hoped for a large compensatory commitment but China has not rushed in to help, and it may have reason to consider very carefully before becoming more fully engaged in the tangled affairs of South Asia. Thus Pakistan may be obliged to return to fashioning some sort of working arrangement with the USA, however galling this may seem in the present circumstances. 
Where does India stand in the midst of these events? It cannot but take into account that despite all the tribulations it faces within its borders and on its western frontier, Pakistan has retained in full measure its strategic distrust of India. The dangers Pakistan sees from India outweigh in its strategic thinking all the problems on other fronts. Such beliefs reflect entrenched convictions that are difficult to dislodge, even though they have little to do with current realities. The fact is that India does not today represent, if it ever did, the existential threat to its neighbour that some of them fear. It should also be recognized that there are numerous Pakistanis who seek a new, less contentious basis of relationship with India. Most strikingly, at apex level, Dr Manmohan Singh and Gen Musharraf came close to a broad general agreement on bilateral relations through the back channel talks they had orchestrated. This is fundamental and India needs to persist, as indeed it is trying to do, in conveying its basic desire for peaceful and cooperative relations. 
In the current disturbed conditions in South Asia, this may be difficult to achieve but the small, incremental measures envisaged in the ongoing ‘composite dialogue’ could well prove insufficient. What is needed if South Asia is to be effectively stabilized and secured from the buffeting that assails it is a genuine sea change in mutual perception, backed by effective and credible measures. This is a task for statesmen who can overcome the familiar restraints, and it must be hoped that South Asia’s leaders will rise to the challenge.

INDIA-SRILANKA RELATIONS


The relationship between India and Sri Lanka is based upon shared historical, cultural, ethnic and civilizational ties and extensive people-to-people interaction. In recent years, the relationship has become multifaceted and diverse, encompassing all areas of contemporary relevance.
Sri Lanka has borne the brunt of terrorism for nearly three-decades. The end of the long period of armed conflict in Sri Lanka in May 2009, left around 3,00,000 Internally Displaced Persons (IDPs) living in camps in Northern Sri Lanka and general devastation of infrastructure in the affected areas.
 The Government of India has accorded the highest priority to the welfare of IDPs in Sri Lanka. In June 2009, the Prime Minister announced a grant of Rs. 500 crores for relief, rehabilitation and resettlement work in Sri Lanka. Towards this humanitarian effort, India dispatched family relief packs, deployed an emergency field hospital, conducted an artificial limb fitment camp and deployed seven de-mining teams in Northern Sri Lanka. It also gifted more than 10,400 MT of shelter material, 4 lakh cement bags, 95,000 agricultural starter packs and 500 tractors to revive agricultural activities in Northern Sri Lanka.
 India also announced the construction of 50,000 houses, mainly for IDPs in Sri Lanka. During my visit to Sri Lanka in November 2010, I inaugurated the pilot project for construction of 1000 houses at Ariyalai in Jaffna. I am happy to convey that work on ground has already started and houses are beginning to come up in what is being seen as a model project. I also carried out the ground breaking for railway line restoration projects in Northern Sri Lanka under a Government of India Line of Credit of about US $ 800 million. India is also assisting in the rehabilitation of the Kanakesanthurai (KKS) harbour, restoration of Duraiappa stadium, construction of a Cultural Centre at Jaffna and vocational training centres at Batticaloa and Nuwara Eliya.
 Our primary objective in all that we are doing in Sri Lanka is to ensure the welfare and wellbeing of Sri Lankan Tamils, including IDPs, and to assist in the development of Northern Sri Lanka. In a Joint Press Statement issued on the occasion of the visit of the Sri Lankan External Affairs Minister to India on 17 May, 2011, I urged the expeditious implementation of measures by the Government of Sri Lanka to ensure resettlement and genuine reconciliation, including early return of IDPs to their respective homes. I am happy to convey to the House that according to information available to us around 2,90,000 IDPs have already been resettled and only around 10,000 IDPs remain in the camps.
 Government has also articulated its position that the end of armed conflict in Sri Lanka created a historic opportunity to address all outstanding issues relating to minority communities in Sri Lanka, including Tamils. The Joint Press Release of May 17, 2011, states that all such outstanding issues had to be settled in a spirit of understanding and mutual accommodation imbued with political vision to work towards genuine national reconciliation. The External Affairs Minister of Sri Lanka affirmed his Government’s commitment to ensuring expeditious and concrete progress in the ongoing dialogue between the Government of Sri Lanka and representatives of Tamil parties and that a devolution package, building upon the 13th Amendment, would contribute towards creating the necessary conditions for such reconciliation.
 The end of the long conflict in Sri Lanka has also raised questions relating to the conduct of the war. We have, in this context, noted a report issued by a Panel of Experts constituted by the UN Secretary General on Accountability in Sri Lanka. There have also been public reactions to the telecast of the ‘Channel 4’ documentary entitled “Sri Lanka’s Killing Fields”. Presently, our focus should be on the welfare and well being of Tamils in Sri Lanka. Their rehabilitation and rebuilding should be of the highest and most immediate priority. A just and fair settlement of the political problem is of utmost importance. I have, nonetheless, stressed to my Sri Lankan counterpart, the need for an early withdrawal of emergency regulations, investigations into allegations of human rights violations, restoration of normalcy in affected areas and redress of humanitarian concerns of affected families.
 On the concerns expressed by some Members on the issue of Indian fishermen in waters between India and Sri Lanka, allow me to reiterate, at the outset, that the welfare, safety and security of our fishermen have always received the highest priority by Government.
 There have been reports of incidents of attacks on Indian fishermen, allegedly by the Sri Lankan Navy. Government, through Diplomatic Channels, has consistently and immediately taken up any reported incident involving arrest or violence against Indian fishermen to ensure their safety, security, early release and repatriation. The Government has conveyed to the Sri Lankan Government that the use of force could not be justified under any circumstance and that all fishermen should be treated in a humane manner. The Sri Lankan side, while denying that their Navy was involved, has promised to seriously investigate these incidents.
 During the meetings with my Sri Lankan counterpart in February 2011 in Thimpu and in May 2011 in New Delhi, I not only conveyed our deep concern at the violence against our fishermen but also stressed the need to ensure that these incidents do not recur. In the Joint Press Release issued in May 2011, India and Sri Lanka agreed that the use of force could not be justified under any circumstances and that all fishermen should be treated in a humane manner.
 Through you I would like to inform this august House that we have emphasized that there is no justification for the use of force against our fishermen even though almost all instances of arrest and harassment of our fishermen seem to have occurred in Sri Lankan waters. We do need to be conscious of the sensitivities on the Sri Lanka and of the many Sri Lankan fishermen who have, after a long hiatus, started fishing in that area. We are also working with concerned state Government on our side keeping in mind that issues of fishermen affect both sides. In 2010, a total of 137 Indian fishermen were apprehended and released by Sri Lanka. Till 3rd August 2011, a total of 164 Indian fishermen were apprehended by Sri Lanka and all were subsequently released. At the same time, in 2010 a total of 352, and in 2011, a total of 131 Sri Lankan fishermen, have been apprehended by our authorities. A total of 104 Sri Lankan fishermen are still in Indian custody whereas all Indian fishermen apprehended on charges of fishing related violations in Sri Lanka have been released.
 While the Government of India is of the view that the end of conflict in Sri Lanka provides an opportunity to pursue a lasting political settlement in Sri Lanka within the framework of a united Sri Lanka, acceptable to all the communities in Sri Lanka including the Tamils, it has to be kept in mind that this is a long standing issue and Sri Lanka is going through its internal processes, including structured dialogue between the Government and representatives of Tamil parties. The sooner Sri Lanka can come to a political arrangement within which all the communities feel comfortable, and which works for all of them, the better. In this context, the commencement of a structured dialogue on pursuing a political solution for national reconciliation as well as reconstruction and development is a laudable development. We will do whatever we can to support this process.

Global Economic Crisis and China


THOUGH different, the Greek and the United States public debt crises threaten a return to the Great Recession of 2008. The world is, therefore, savouring the reprieve provided by their temporary resolution. But before that ephemeral benefit could be enjoyed comes news of a potential new global economic threat from an unsuspected source: China.
Its source lies in the boom in China's property market over the past few years, which gathered substantial momentum in the wake of the huge post-crisis stimulus provided by the government to the economy. A significant share of that stimulus has been diverted to projects that increased the demand for real estate, and price increases have been so large that the spiral is now being identified as a bubble.
Moreover, that bubble, some observers expect, is likely to burst in the near future for three important reasons, among others. The first is that the huge, speculative investments made in this sector, especially in housing, to cash in on the price spiral has resulted in excess supply in many markets, with housing properties lying unsold and unoccupied.
The second is that even as the problem of oversupply was beginning to be sensed in some quarters, the government strengthened its efforts to rein in the housing boom, partly to dampen speculation and prevent a bubble. This was in part because the grossly unaffordable housing in the cities was making the government unpopular.
The government was also responding to evidence that its huge stimulus package aimed at moderating the effects of the global crisis was resulting in inflation in the prices of real estate. In addition, the housing and infrastructure boom was contributing to commodity price inflation. To address these issues, it sought to persuade banks to demand larger down payments from clients, increase mortgage rates, and restrict lending for multiple housing investments.
Finally, there is the possibility that many who borrowed to finance their housing and real estate purchases may find it difficult to service their debt, since interest rates are being raised to cool an overheated economy. This could increase defaults and foreclosures, bring more housing property to the market, and limit additional demand.
Put together, these developments are expected to result in a supply-demand imbalance that would reduce house price inflation and even trigger a fall in housing prices. That, in turn, is expected to prick the speculative bubble, leading to a bust in the form of a downward spiral of real estate transactions and real estate prices. The argument seems to be that since government intervention is occurring a bit too late, it is contributing to the onset of a crisis rather than stalling the forces responsible for the build-up to the crisis.
Since the prolonged property boom in China had generated a fair share of sceptics who were expecting a bust, this kind of speculation has found much favour. It gained immediacy recently when housing price indices based on prices in 70 cities rose by just 0.2 per cent month-to-month in May and a lower 0.1 per cent in June. On an annualised basis, housing price inflation at 4.2 per cent was, in June, significantly below the 6.4 per cent inflation in consumer prices. The boom was indeed showing signs of tapering off. Was this the prelude to a slump? As if to answer yes, in April, the rating agency Moody's downgraded China's property sector from stable to negative. This reflected the mood among investors and also served as a signal to the more nervous among them.
All this has proved enough for a growing sense of fear about China being the next epicentre of a crisis. A collapse of the property boom in China would have major repercussions domestically. To start with, it could dramatically slow growth, since the expansion of gross domestic product (GDP) in China is driven substantially by investment, and investment is driven largely by construction, especially of housing and infrastructure.
The real estate market is also a major source of revenue financing state expenditures at the provincial level. The sale of land to developers is a major source of revenue for provincial governments, which then put the money to finance prestigious infrastructure projects aimed at attracting investments and winning political attention. If the housing boom trips, so will a lot of this infrastructure spending.
Also, a substantial amount of this state spending is financed by credit from the banking system, which tends to view the real estate owned by local governments as the implicit collateral that warrants huge lending. There has been much concern in recent times about the volume and quality of lending by the banks. The first official overall estimate of local government debt in China has placed it at 10,700 billion renminbis ($1,650 billion), or close to 30 per cent of GDP. Clearly, banks lending to local governments have believed that these governments will not default because they have enough resources such as land to pay off the banks when faced with a crunch. The confidence in such judgments seems to be weakening, which is evident from some investors moving out stocks from Chinese banks that are not doing too well.
Fears about bank fragility also come from the direct exposure of the banks to the housing market and to real estate developers. Such exposure has been estimated at 20 per cent of bank advances. If this market sours, the hit on banks, transmitted through provincial governments, will only be compounding a significant level of direct damage. However remote that possibility, the rating agency Fitch has decided to save itself from possible ignominy by warning Chinese banks of asset quality risk and by declaring that there is a more than reasonable chance of a banking crisis by 2013.
Despite all this, China fears are by no means dominating the headlines. There is much happening elsewhere, in the U.S. and Europe, to keep financial news enthusiasts preoccupied. Further, there are other factors indicating that China may not be anywhere near the brink of an economic precipice. Stress tests, though unreliable even in the best of times, have indicated that banks can easily handle a property market downturn. The average Chinese household is not overly indebted, with the ratio of household debt to disposable income placed at less than 50 per cent.
Subsidised houses
Moreover, house ownership even in urban, let alone rural, China, is not very high relative to the population of households. Urbanisation is set to accelerate, with 300 million expected to move to the cities over the next 20 years. With incomes rising and the government encouraging private ownership of housing, demand is likely to be sustained, even if not just for luxury housing, which is the market that is possibly losing some of its steam. Finally, housing construction is unlikely to slow down because of the government's decision to make the provision of subsidised housing one of its instruments to address the growing inequality in the Chinese economy. The state plans to deliver 36 million subsidised houses over the next five years. If it goes even a part of the way on delivering on that promise, the construction boom would continue.
All this said, the fear of a housing and real estate downturn in China is understandable. These sectors directly and through the contribution they have made to China's growth have also partly helped prop up the global economy. They are the sectors that draw huge quantities of steel, cement, household fittings and accessories, the direct and indirect demand benefits of which flow to the world market. China is not just an exporter, but an importer as well. So everybody is interested in a stable China. Fortunately for the world, the state is still a major player in China. And the signs are that it is responding to the danger in more ways than one.

Global Economic Crisis and INDIA


Can India escape the consequences of a transatlantic economic slowdown? While global commodity prices may soften and offer some comfort, international trade may be hurt. For much of the last year, exports were hurtling along at more than 30 per cent year-on-year, buoyed by new markets in Africa and Latin America. Exports for the financial year 2010-11 were a record $245 billion, while imports were of the order of $350 billion. Importantly, exports grew faster than imports, leading to a lower trade deficit than in the previous year. However, the recent statement by Union Commerce Secretary Rahul Khullar indicating a slowdown in exports during the July-September quarter is sobering. The projected decline is owing to a combination of a statistical base effect (it is virtually impossible to grow at 30 per cent year-on-year indefinitely) and the lack of depth in the new export geographies. The US, Eurozone and Japan still account for about 40 per cent of India’s exports and it is hard to see demand picking up there in the foreseeable future, which means export growth will be muted at best. The fall in commodity prices, mainly oil, certainly provides respite, but the demand for oil has traditionally been highly price-elastic. If a fall in price leads to a spike in consumption, it would not do much to lower the import bill.
While still healthy, the consumption story has weakened in recent months, as the sharp fall in automobile and white goods purchases shows. It could be reasonably expected that consumer sentiment will increasingly err on the side of caution should the economic slowdown persist. There are limits to how much rural India can compensate for a downturn in urban consumption, given that the average urban wage is more than three times higher. Constricted fiscal space precludes a sharp increase in government spending, especially with inflation spiralling out of control.
ndia will, thus, have to invest itself out of trouble! The share of gross fixed capital formation to gross domestic product has fallen by about five percentage points from the peak of 37 per cent in 2006-07. Much of this drop can be explained by far lower levels of private sector participation in capital formation. While the ongoing increase in interest rates has a lot to do with it, subdued future expectations are probably a bigger reason. The government has to do all it takes to reverse this sentiment at home. The frustrating tardiness in introducing meaningful reforms in areas as vital as land acquisition and labour markets is not helping. To its credit, the Union government has revived public investment, particularly in agriculture, which had been registering a secular decline since the mid-1980s. Improving the climate for investment at home would relieve the external stress to some extent. The revival of investment to pre-crisis levels should not be viewed as a temporary defensive measure, but as laying the foundation for sustainable high growth. If crisis provides opportunity, this is it. India should utilise it to the fullest.

Lessons from the London riots


These are scary moments for even the most intrepid Londoner. Beneath a façade of courage and equanimity, and a belief that things have returned to normal, there is a film of fear that will take a long time to evaporate. This is especially so because a convoy of armoured police vehicles still whizzes past your neighbourhood at frequent intervals with a screaming siren that makes you nervous. A pack of hoodlums have held London to ransom and inflicted inestimable damage to property as well as to community emotions. This is something that is difficult to repair quickly by even the most effective of governments. The fact that the unrest quickly spread to other cities — Birmingham, Liverpool, Manchester and Bristol — was proof enough that this was no mere London aberration, as was originally perceived, and that there were national connections for a cause that was easy to identify but difficult to describe. If economic deprivation alone explained the outburst, how do you account for the participation in the looting of shops by those who had a steady job — a chef and a school teacher, for instance — and a stake in the social order? Also, although the role of the non-white population in the riots was undisputed, the presence of a substantial number of whites confounded even the smartest of sociologists who have been on television trying to analyse the events.
The riots were a poor advertisement for a city that is feverishly preparing for the world's largest sporting event next year. There are already misgivings about the capacity of London's transport system to carry at least a million additional passengers a day for the three weeks that the Olympics will bring in, both immediately before and after the massive event. An added dimension now is the state of fitness of the law-enforcement agencies to cope with the demands of the occasion. It is not terrorism of the July 7, 2005 variety alone that one will have to factor in. The ability of young thugs — there are thousands scattered all over England — to disrupt life at will, is an additional dimension that was not in the reckoning until last week. This may be viewed as an exaggerated fear on the part of a cynic. It would be ingenuous, however, to dismiss it as paranoia. Such casualness could prove fatal to the image of a nation that is most hospitable and benign to the rest of the world. Prime Minister David Cameron's eloquent words, since he returned from his aborted holiday abroad, offer hopes that his government is determined to do all it can to set things right in time for the extravaganza.
Focus on the Met
Discussion across the country now centres on the first response — or the lack of it — from the Metropolitan Police. It has been squarely accused of handling the hooliganism softly right from the start. The Met's explanation: any use of force against the looters would have exacerbated the situation. This was possibly under the mistaken assessment that this was an essentially isolated London phenomenon that could be swiftly contained. It proved to be grossly flawed, resulting in a huge loss of property to shopkeepers with only very modest means, who stand devastated and ruined. Worse was the mowing down of three young Muslims in Birmingham by a hoodlum driving a car. Their sin was one of trying to protect their business establishments and their neighbourhood from vandalism. Two of them were brothers. The composure and nobility of their grieving father in pleading for restraint while reacting to the savagery were touching. This again confirms that crime and thuggery can bring out contrasting emotions, the best and the worst.
Police's dilemma
Two aspects of the riots need some reflection on the part of criminal justice policymakers. Maintaining order is not a mere police problem. Although this is an accepted proposition, when it comes to the crunch, the police alone are left to hold the baby. Secondly, the executive and the judiciary need to keep in mind that while they are well within their charter to punish an errant cop who violates human rights, they should take care to ensure that such well-deserved penal moves do not send the wrong message to the entire police force that firm, bona fide action is hazardous and is actually fraught with possible risks to careers. Judicial outbursts against ‘encounter deaths' in our country are an example. They instil fear in the minds of even straightforward policemen, who may feel that their strong-arm methods to contain mob fury or mindless terrorism could invite judicial ire and arbitrary sentences. There is a strong perception that Met officers chose to ignore looting and vandalism taking place in their presence only because of the several lawsuits pending against some officers for years. It is easy to be critical of such apathy. But the underlying misgivings within the police, a crucial arm of the executive, are hard to dismiss as an excuse for inaction.
Mr. Cameron has spoken of the need for some “robust policing.” I presume this means proactive policing that not only explores preventive measures but also dictates intervention when a crime is committed right before your eyes. It was appalling to watch the Met policemen standing by and not doing anything at all when looters — predominantly teenagers to start with, and young adults joining the fun later — were helping themselves to goodies that included liquor, jewellery, designer clothes and electronic gadgets. This indigenous culture of measured and patient policing is no doubt admirable under normal circumstances. But whether it is valid for the current times is highly debatable. This is especially in the context of the huge public criticism among many devastated Londoners that the police have failed to protect them. Deputy Prime Minister Nick Clegg and Mayor Boris Johnson were subjected to some uncomfortable questioning on this when they went into the streets a few days after the lawlessness started.
Watershed
The London riots could be a watershed in the history of the Met. A new strategy of aggressive policing is now well merited. It is needed not only because of the new dimension of the proclivity of some youth to take the law into their own hands. It is also demanded by a wounded public in England that has for long been used to only minor strains of public violence and has submitted itself to cautious policing, which now seems suitable only for an earlier time. It will be amusing for an average Indian police officer to know that policymakers in London are still mulling over tactics like the use of the rubber bullet and the water cannon by the police to handle public disorder. Neither of the devices is known to cause death or serious injury.
It is my strong perception that the U.K. society has moved far from the halcyon days when an unarmed Bobby could hold his own against the largest of mobs. The imposition of curfew or the use of the army to quell the riots has been mentioned in whispers only in the past few days. The time is not far when the police in the whole of the country will necessarily have to attune themselves to a modified style, with the accent on instant use of force to disable a misbehaving gang. An unequivocal decision endorsing the new tactics by the Home Office in London brooks no delay. A police force which does not deter the law-breaker, without diluting the respect and wholehearted support of those who adhere to the law, is not worth its salt.
The whole world must have watched the evocative television images of the dismaying events of the past few days in England, especially London and Birmingham. They ought to leave an indelible impression and generate new ideas on policing. There is a constant reference to the use of modern technology by the thugs who went on the rampage, particularly in London. The initial days were dominated by teenagers moving swiftly from place to place. The slightly older ones jumped into the fray only thereafter. It is almost confirmed that they were communicating with one another through cell phones, confounding the police. The popular toy in their hands was the BlackBerry. It is said that the phone's Instant Messenger Service (BBMS), in particular, came in very handy for the hoodlums. This is a hard fact, and any criticism that this theory only romanticises a despicable activity is ill-founded. That BBMS provides both security and confidentiality to the underworld is now undisputed. Those — including me — who had misgivings over the unrelenting stand of the Union Home Ministry vis-à-visResearch in Motion, the makers of BlackBerry, now stand corrected. Police officers the world over need to be wary of this destructive tool, which has proved to be lethal in the hands of the unscrupulous. Let us not throw the baby out with the bathwater by indiscriminately banning BlackBerry, a great vehicle of swift communication. It must, however, be ensured that the BlackBerry and similar devices do not offer a cheap and convenient gadget which aids the criminal in his diabolic designs. This is a challenge to police officers as well as intelligence agencies across the globe.

European disunion

One of the mantras of the era of globalisation has been that while all economics is global, all politics is local. The problem for the member countries of the European Union (EU) is that they have yet to find a regional solution to this conundrum. Caught between the global implications of the national and regional economic plans that have so far come up to deal with the Eurozone’s debt crisis and local politics that hold back governments from administering the bitter medicine of fiscal adjustment, EU has failed to come up with a regional solution to its economic and financial crises. It is, therefore, not surprising that German Chancellor Angela Merkel and French President Nicolas Sarkozy have once again failed to come up with an acceptable region-wide solution to the problems of Portugal, Italy, Greece and Spain (PIGS). Consequently, the euro has taken a hit, many European banks have come under increased pressure and the markets are in a tizzy.
Even the talk of a financial transaction tax – the much reviled Tobin Tax on capital flows – has put the markets in a spin. But Europe has few options left. The chancellor and the president could not reach an agreement on increasing the size of the bailout fund and continue to resist the idea of a euro-area bond. The problem with the proposed euro-area bond solution is that it will expose EU’s stronger economies to risks that they have avoided so far. Instead of helping the PIGS sail, the euro-area bond may sink the big three — Germany, France and the Netherlands. But that is a risk that EU’s big powers have to take if they wish to save the euro and the Union. While the proponents of euro-area bonds argue that they would restore stability by stopping speculative attacks on the debt of individual euro member states, the critics in Germany and France worry about the higher cost of borrowing they would have to budget for. Resistance to euro-area bonds is strongest in Germany, where Ms Merkel has been unable to secure political support in favour of stronger expression of solidarity with the rest of Europe.It is now clearer than ever that EU cannot remain stuck where it has been for sometime now — between the economics of globalisation and regional integration and the politics of local and national interest. EU must either break up or patch up. It has to graduate to a new stage of fiscal federalism for the euro and the Union to survive. The problem for Europe is that it has no political leader who can stand up and say this and mobilise widespread support. The idea of European unity has remained stuck at the popular level of free travel, common currency, a single market and a common talk shop called the European Parliament. One of the basic duties of a parliament is to collect taxes and authorise the government to spend. Till EU takes this next step to fiscal federalism, it will remain exposed to the threat of dissolution owing to the debt, currency and payments crises

THE key geo-strategic challenges in South Asia

 THE key geo-strategic challenges in South Asia emanate from the ongoing conflict in Afghanistan and on the Af-Pak border; unresolved territorial disputes between India and China, and India and Pakistan; and the almost unbridled march of radical extremism that is sweeping across the strategic landscape. In May 1998, India and Pakistan had crossed the nuclear Rubicon and declared themselves states armed with nuclear weapons. Though there has been little nuclear sabre-rattling, tensions are inherent in the possession of nuclear weapons by neighbours with a long history of conflict. While the probability of conventional conflict on the Indian subcontinent remains low, its possibility cannot be altogether ruled out. Therefore, there is an inescapable requirement for defence planners to analyse future threats and challenges carefully and build the required military capacities to defeat these if push comes to shove.
In view of India’s unresolved territorial disputes with China and Pakistan in the mountainous Himalayan region, there is a very high probability that the next major land conflict on the Indian subcontinent will again break out in the mountains. As it is not in India’s interest to enlarge a conflict with Pakistan to the plains sector south of the river Ravi due to the possibility of escalation to nuclear exchanges, there is a fairly high probability that the next conflict, having broken out in the mountains, will remain confined to mountainous terrain. While the three Strike Corps are necessary for conventional deterrence and have served their purpose well, it is in India’s interest to enhance its military capability to fight and win future wars in the mountains.
A strategic defensive posture runs the risk of losing some territory to the adversary if capabilities do not exist to be able to launch a deep ingress to stabilise the situation. The first requirement is to upgrade India’s military strategy of dissuasion against China to that of genuine conventional and nuclear deterrence and vigorous border management during peace-time. Genuine deterrence can come only from the ability to take the fight deep into the adversary’s territory through the launching of major offensive operations. To achieve this objective, it is necessary to raise and position one mountain Strike Corps each in J&K for offensive operations against China and Pakistan and in the Northeast for operations against China. In addition, as a Strike Corps can be employed only in one particular sector and cannot be easily redeployed in the mountains, it is necessary to give the defensive (holding) corps limited capability to launch offensive operations with integral resources.
In the modern era, military strategists have invariably preferred Liddell Hart’s strategy of the indirect approach through a deep manoeuvre, rather than the heavy attrition that used to be routine on the battlefields of World War I to achieve a favourable decision. It is necessary to recognise that in the Indian context, manoeuvre is extremely limited in the mountains and India’s capability for vertical envelopment is rather low. In the plains too India’s Strike Corps cannot execute deep manoeuvres due to the risk of Pakistan’s nuclear red lines being threatened early during a campaign. As firepower is the other side of the coin, it is inescapably necessary to substantially upgrade capabilities of the armed forces to inflict punishment and indeed achieve victory through the orchestration of overwhelming firepower. Unless firepower capabilities are upgraded by an order of magnitude, India will have to be content with a stalemate.
The firepower capabilities that must be enhanced include conventionally-armed SRBMs to attack high-value targets in depth. Air-to-ground and helicopter-to-ground attack capabilities need to be modernised, particularly those enabling deep ground penetration and accurate night strikes. In fact, the Indian Air Force should aim to dominate the air space and FGA strikes must paralyse the adversary’s ability to conduct cohesive ground operations. Artillery rockets, guns and mortars must also be modernised. Lighter and more mobile equipment is required so that these can be rapidly moved and deployed in neighbouring sectors. India’s holdings of precision-guided munitions (PGMs) continue to be low. In recent conflicts like the war in Iraq in 2003 and the ongoing Afghan conflict, PGMs have formed almost 80 per cent of the total ammunition used. Indian PGM holdings must go up progressively to at least 20 to 30 per cent in order to achieve high levels of operational efficiencies. India’s defence planners must recognise that it is firepower asymmetries that will help to achieve military decisions and ultimately break the adversary’s will to fight.
Capabilities for heliborne assault, vertical envelopment and amphibious operations are inadequate for both conventional conflict and dealing effectively with contingencies that might arise while discharging India’s emerging regional responsibilities. Two rapid reaction-cum-air assault divisions (with an amphibious brigade each) need to be raised by the end of the 13th Defence Plan — by 2017-22. The expenditure on these divisions will be highly capital-intensive and will be subject to the defence budget being gradually raised to first 2.5 per cent and then 3 per cent of India’s GDP.
A seamless intelligence-cum-targeting network must be established to fully synergise the strike capabilities of air and ground forces in real time. A good early warning network will enable the Army to reduce the number of troops that are permanently deployed for border management and will add to the reserves available for offensive operations. Infrastructural developments along the northern borders have failed to keep pace with the Army’s ability to fight forward and must be speeded up.
During the long history of post-Independence conflicts with India’s neighbours and prolonged deployment for internal security, the Indian Army and its sister Services have held the nation together. Dark clouds can once again be seen on the horizon, but the efforts being made to weather the gathering storm are inadequate. The government must immediately initiate steps to build the capacities that are necessary for defeating future threats and challenges. It must take the opposition parties into confidence as a bipartisan approach must be followed in dealing with major national security issues. In fact, there is a requirement to establish a permanent National Security Commission mandated by an Act of Parliament to oversee the development of military and non-military capacities for national security.

Debt & taxes in US - The fallout for India


A weaker dollar as a result of the US downgrade would hurt Indian exports by making them less competitive, while imports will become cheaper and put pressure on domestic manufacturers.
When President Barack Obama averted a debt default by signing a bill raising the debt ceiling of the US on 2 August, Standard & Poor’s, one of the world’s three major credit rating agencies, cited “difficulties in bridging the gulf between political parties” as a major reason for the downgrade from AAA to AA+. The rating agency has essentially lost faith in Washington’s ability to work together to address its debt. Currently, fewer than 19 countries have AAA ratings. Among them: the United Kingdom, Australia, Germany and Singapore.

The downgrade, hours after markets closed on 5 August, is a first for the US ince it was granted an AAA rating in 1917. S&P’s decision came after a fractious debate over raising the nation’s debt ceiling ended in a compromise that would reduce the country’s debt by more than $2 trillion. Other prominent credit rating agencies — Moody’s Investors Service and Fitch Ratings — also said that downgrades were possible if lawmakers fail to enact debt reduction measures. The budget released earlier this year showed a staggering $1.65 trillion deficit for the current fiscal year. The US national debt has increased, and touched $14.3 trillion in May.
After its banking system collapsed in 2008, the US had to flush the economy with cash to keep the ship afloat. To keep the economy going the US borrowed several trillion dollars, but this did not prove enough. The Republicans, who are in the Opposition now and whose erratic economic policies caused the problem, decided to show the US President their power. They refused to raise the government’s borrowing limit.
A great deal of political haggling over more taxes and less spending ensued. The US is not Portugal, Italy, Greece and Spain (PIGS) and, in the end, American politicians, perhaps because the August vacation is sacrosanct, worked out an arrangement at the last minute. No one really understands how the government can reduce the deficit by $2.4 trillion over the next decade, in return for which its debt ceiling has been raised by around $3 trillion.
Surprisingly, President Obama got what he wanted in return for a promise that future Presidents will have to keep. The markets stopped biting their lips and got back to their usual betting. S&P 500 futures went up by 1.2 per cent, as did the dollar, by about one per cent against both the yen and the Swiss franc. To be sure, the new arrangement still has to be approved by the Senate; however, the House of Representatives has already cleared it. No one really had any doubts that the US would default because of the continuing fragility of the US economy. So severe was the banking crisis of 2008 that it could take another five years to work itself out.
The main gainer has been gold. As an outcome of all these developments, the demand for gold has increased, gold being the safest heaven. As the Indian economy is not insulated from the world economy, there will definitely be some tremours here. Both imports and exports will be impacted. India’s exports to the US, particularly IT services, will suffer an adverse impact.
“Any slowdown in the US will have an impact on India in terms of our ability to export,” said C Rangarajan, chairman of the Prime Minister’s Economic Advisory Council, about the implications of the US debt crisis on the Indian economy. He also pointed out that Indian exports had declined sharply in the second half of 2008-09 due to a slowdown in the US economy.
Mr Ramu S Deora, president of the Federation of Indian Export Organisations, said that India’s exports to the US would also be hit because Washington is likely to raise taxes for reducing its deficit as part of the deal to increase America’s overall debt ceiling. The weakening of the US dollar resulting from the downgrade would make India’s exports less competitive, even while imports to India would become cheaper and put further pressure on domestic manufacturers.
At the same time, there may be higher inflows of foreign institutional investor (FII) funds. This will lead to appreciation of the rupee, which in turn will help bring down the current account deficit. It is obvious that global investors would consider diversifying their assets out of US treasuries. This move can exert pressure on the dollar. There is also fear that some funds that are not allowed to hold any asset without an AAA rating might be forced to sell treasuries.
India may not be as vulnerable as China, Japan, Hong Kong or Brazil to losses on its forex portfolio from a spike in US interest rates, as only 13 per cent of its forex reserves are in US treasuries.
But India is not insulated from the increased uncertainty about prevailing conditions in the US economy and the continuing turmoil in global financial markets, the Reserve Bank of India cautioned. In the immediate future its priority will be to ensure that adequate rupee and forex liquidity are maintained to prevent excessive volatility in interest and exchange rates.
Overall, this means that global growth will be slower than what it would otherwise have been. This should come as a relief to India, whose growth depends on its domestic market but which needs its imports, especially of crude oil and gas, to be cheap.
Unfortunately, Prime Minister Manmohan Singh, thanks to his curious leadership style, is not in a position to take advantage of this serendipitous hiatus in global economic activity. India needs more reforms now, but for the next three years, it is stuck with this paralysed government, as it is confronted with monumental scams. The UPA government has no time to take advantage of this situation by concentrating on economic reforms and improving the country’s BBB- debt rating status in the world.
The future second generation reforms should be in the areas of controlling inflation and reducing fiscal deficit; improving economic efficiency; ensuring equitable growth; thrust on education, health and sanitation; an additional three to four per cent investment on infrastructure; addressing issues of land acquisition, rehabilitation and resettlement; deepening policy reforms in the financial sector; addressing gaps in the overall economic regulatory architecture; and environmental issues caused due to mining

Thursday, August 18, 2011

“Corruption and Human Rights in India – Comparative Perspectives on Transparency and Good Governance”


Corruption, whichever way it is defined, is essentially a governance issue. Every society in history has pronounced norms of governance to distinguish between a good and a bad ruler, a happy and an unhappy people. The only meaningful corrective to bad governance is good and responsive governance.
The Constitution of India prescribes justice, and equality of status and opportunity, to all our people along with the ideals of liberty and fraternity. It lays down an institutional framework for achieving these objectives. At the same time, Dr. Ambedkar had administered a note of caution. His words remain relevant:
The working of the constitution does not depend wholly upon the nature of the Constitution. The constitution can provide only the organs of the state such as the Legislature, the Executive and the Judiciary. The factors on which the working of those organs of the state depends are the people and the political parties they will set up as their instruments to carry out their wishes and their politics. Who can say how the people of India and their parties will behave?’
The starting point of discussion, therefore, should be the efficacy with which the people of India and their political formations have operated the institutions. The successes, and limitations, have to be shared in equal measure. At the same time, any study of governance in practice cannot avoid the changes in citizen awareness emanating from experience and a deepening of their understanding of norms. This provides the backdrop to many of our current debates.
Three questions come to mind:
• Is the basic problem of countering corruption a lack of good legal framework, or an understanding of the human rights implications of corruption?
• At a time when the phenomenon of corruption looms large on our public and personal arenas, what is the importance of politics and the political processes in addressing this malaise?
• What role do we assign to ethical conduct in public life and upholding of political virtue?
It is undeniable that public perceptions have evolved and that today our awareness of, and demand for, better governance is quantitatively and qualitatively greater. So is the awareness that deficit impinges on human rights guaranteed to citizens by national laws and international covenants subscribed to by us as a nation.
This heightened consciousness of rights is the result in good measure of the successful functioning of the institutional system and laws bestowed on us by the Constitution. Citizens have operated it through political parties as instruments to implement their agenda and work in accordance with their mandate.
Political parties are thus needed for exercise of political power and for conducting governance. Their credibility and efficacy are critical elements in bringing about stable polities that are essential for socio-economic progress. They are expected to set examples of democratic practice, influence the nature of political mobilization, alliance formation and societal accommodation. They can facilitate conflict management. Political parties lie at the root of any debate on representative-ness, societal conciliation, and governance that is accountable, stable and efficient.
Shortcomings, wherever identified, must be made good. At the same time, there is a peril to be avoided. Urgency in the search for solutions, or impatience with established political processes, or sheer frustration with the current state of affairs can not, and should not, prompt us towards quasi-legal or extra-legal options. Any thinking towards solutions that delegitimize the constitutional process can do incalculable harm.
Likewise, it is incumbent on each of us, and especially those in public life, to respect the careful in-built balance between the Executive, Legislature and the Judiciary as contained in the Constitution. Eroding the balance, either through under-reach of one or over-reach of another, could lead to chaos.
The last question, on ethical conduct and public virtue, can only elicit one response. Negativity of mind and soul cannot but result in diminishing the public spirit needed to deliver public good.