Political Diary

New Delhi, 12 March 2024

From Your Lordship to Jan Sevak

CONSTITUTIONALLY JUST NOT DONE!

By Poonam I Kaushish

Now days when you see someone holding his nose you don’t know whether it’s pollution or politics. Either way the net result is the same. Increasing political pollution replete with contaminated smog and toxic waste. But the latest in an ever-growing series of political skullduggery was an unimaginable onslaught which threatens to undermine the independence and impartiality of a Constitutional body: Judiciary.

Who could imagine that the man flashing the Constitution, cracking the judicial whip and doling out unpalatable orders to culprits would one day succumb to political temptation himself? How else does on describe Calcutta High Court Judge Abhijit Gangopadhyay somersault from the high judicial Bench to the rough and tumble of politics by joining BJP last week. All, for name and fame in the political sun. Never mind if he knocked a big blow to the judiciary, thumped people’s faith in courts, rapped our moral conscience and smacked our last resort for justice.

And, this after accusing a brother judge of “working for a political Party” which marked a low for the judiciary and relationship between Government and Court in West Bengal 24 January.

Importantly, the judge’s decision to join politics and manner and context in which it was taken raises questions of judicial propriety and impartiality. But it also stands out for three reasons. One, his record in court was full of controversy. Two, for over two years these controversies showcased an unseemly spectacle of a sitting judge at loggerheads with an elected Government in a manner that invited questions of partisanship.

Three, his political foray will have a bearing on dispensation of justice. Could not millions of litigants think that a judge was harsh on the Administration on the eve of his resignation in the hope of reward from BJP?

Take the job scam case September 2022. While hearing the matter, Gangopadhyay all but accused Mamta’s nephew and TMC leader Abhishek Bannerjee of “amassing wealth” to a TV channel. This lack of “judicial propriety” led Supreme Court to order Calcutta High Court Chief Justice to assign the case to a different Bench. In January he again overruled a larger Bench in a case regarding admissions to State medical colleges and made irresponsible remarks against a colleague.

What Gangopadhyay doesn’t seem to realize is that by joining BJP he has inflicted an avoidable hurt to an important Constitutional pillar. A body blow that would not be easy to recover from. Once the “Conscience Keeper” of democracy falls prey to political sharks, there is no salvation but a steady slide downhill.

His political foray now casts a shadow over decisions he made on the Bench. His justification for his political turn to BJP ---- insults and barbs of TMC leaders holds little water. Even as the Party accuses him of being a “BJP political worker.”

Arguably, by offering Gangopadhyay a political lollipop, BJP has violated the letter and spirit of the Constitution. Future judges might well be more than willing to bend rules in favour of a particular Party in hope and expectation of reaping political rewards post retirement.

Undoubtedly, it has divided public opinion and is deeply troubling that an institution that plays guardian and watchdog of freedoms and routinely sets the agenda for institutional propriety and probity should be seen to play political favourites. While supporters say Gangopadhyay has shown courage, critics aver this is inappropriate while netas derisively assert the judge has behaved like “a politician.”

Certainly, Gangopadhyay is not the first judge of a Constitutional court to resign and join politics. In 1967, former Chief Justice of India Subba Rao venerated for his famous Golaknath and Kharak Singh judgments resigned three months before retirement to contest the Presidential election as Opposition candidate. And India’s first Attorney General Setalvad castigated famed jurist Chagla for accepting Nehru’s offer of ambassadorship. In 1983 Supreme Court Justice Bahural Islam resigned six weeks before retirement to contest Lok Sabha polls.

Rajiv Gandhi too nominated ex Chief Justice India M.H. Beg for Rajya Sabha which threatened to besmirch judiciary’s fair name was averted when Justice Beg died a few days before formalities were completed. Prime Minister Modi too followed in his footsteps by nominating Justice Gogoi to Rajya Sabha in March 2020, snidely described by Opposition as his reward for Ayodhya judgment.  

What to speak of ex-CJI Ranganath Mishra who was Congress’s Rajya Sabha nominee and Justice Baharul Islam-turned-Congress Lok Sabha MP. Or Punjab and Haryana High Court Chief Justice Rama Jois turned-Governor- BJP Rajya Sabha MP and Supreme Court Judge-turned Congress Rajya Sabha MP-turned Janata Party Lok Sabha MP-turned-Speaker KS Hegde.

Yet again, the country’s first woman Supreme Court judge Justice Fatima Beevi was appointed member of National Human Rights Commission post retirement 1992. In 1997, Beevi was appointed Tamil Nadu Governor where she was in the eye of a political storm over her decision to ignore established Constitutional norms and anoint AlADMK supremo Jayalalithaa as Chief Minister 2001, notwithstanding she could not contest Assembly poll due to her conviction in a corruption case

Or ex Chief Election Commissioner Gill to the Rajya Sabha. I recall, when late Punjab CM Badal remarked that those who held such august offices should not contest on Party tickets, Gill retorted: “Maine koi theka liya sau saal da”. And as mithai was distributed he had conveniently forgotten his halla bol against the political cesspool and his repeated emphasis on values and integrity.

Alas, over the years our leaders have eroded judiciary’s impartiality without outwardly violating the Constitution’s letter. Trust them to find a lacuna and brazenly exploit it. They merrily take advantage of absence of “silence” of our Constitution framers, Constitutional or legal bar on those holding high Constitutional posts from joining politics, fighting elections, holding office or taking a Government appointment.

This is not all. Post retirement judges have become Governors. Recall, the appointment of former Chief Justice of India S Sathasivam as Kerala Governor 2014. India’s second CEC, KVK Sundaram was made the Chairman of the Law Commission on retirement. Yet again in 1986, the CEC, R.K. Trivedi, was rewarded with the Governorship of Gujarat within months of retirement.

Clearly, the BJP does not appear to have been well-advised in admitting Gagopadhyay. This unfortunate decision can only snowball causing grave injury to the system unless the statute is changed to bar Chiefs of Constitutional Offices like CJI, Judges, CECs, and CAG etc from either joining a Party, accepting further appointment by Government on retirement.

Plainly, such a step is needed to preserve and protect independence of judiciary since nobody seems to care a damn for healthy and time-honoured conventions. This is all the more necessary in view of the “aberration nee pattern” that is slowly but surely seeping into the body politic --- and is certain to receive encouragement from the Gangopadhyay episode.

Undeniably, the arms-length distance between Executive and Judiciary along-with mutual respect needs to remain intact even after demitting office. If arms length is swapped by a warm embrace, it warns of grave danger.

The moot point is: Can India afford to allow persons holding Constitutional offices to accept “rewards” from Parties after retirement? One hopes that Gangopadhyay case does not became the norm and judges desist from rising to the bait. This does not auger well for the future of India’s democracy. ------ INFA.

(Copyright India News & Feature Alliance)

Economic Highlights

New Delhi, 11 March 2024

Inflated Bills Main Vote Plank

LAWS DON’T CUT DOWN GRAFT

By Shivaji Sarkar 

Two landmark judgments, one on the electoral bonds scheme and the other JMM - Jharkhand Mukti Morcha bribery case, should call for an introspection into the myriad ways of graft. The nation despite vociferously discussing it for decades has not found a way out. No wonder India has the onerous ranking of 93 out of 180 on the global corruption index in 2023.  

The recent Rajya Sabha cross-voting in Himachal Padesh, Uttar Pradesh and Karnataka are blatant instances that money or other quid pro quo is routine. This has been happening in the Rajya Sabha elections for quite some time causing some change of rules, including open ballot system making it mandatory for the MLAs to exhibit how they voted. Still, it is happening. 

Would it stop parliamentary malpractices? Apparently not. The BJP in September 2015 suspended six MPs seen to give king bribes on videotaped broadcast by a TV channel. It has not come to an end. TMC MP Mohua Moitra was expelled in 2023 for alleged links with a businessman, who was reportedly allowed to use her official email. The new SC verdict now does away with the immunity to MPs granted by a judgement in 1998 under Article 105. 

The common man can hardly escape this. Power corporations, be these under government or private, do it openly to harass consumers. In some states, people are getting five to ten times inflated bills not for the purpose of realisation but for seeking high rents from the gullible. The current elections may see some regime changes because of the electricity bills alone in some northern states. Many find the AAP model in Delhi imitable. It gives succour to the people apart from reducing corruption. 

Even driving licences being centralised have a cost. Four times the actuals are charged by the regional transport authority agents to have smooth renewals, which could otherwise be an automatic process. 

Roads are supposed to be an indicator of progress, but the CAG flags off a road in Delhi’s Dwaraka. As per approval of the Cabinet Committee on Economic Affairs (CCEA) the 28 km Dwarka expressway was sanctioned Rs 18.2 a km but Rs 250.77 a km was the actual expense, 13 times higher. 

Since the bogey of Bofors bribery, there would be hardly a deal which might not have seen the “cut money” phenomenon from an innocuous object to the purchases of arms, aircraft, drones or contracts for constructions. 

Sadly, corruption is built into the system. Even currency note exchange during the demonetisation had built into it. It is difficult to quantify but Transparency International (TI) had indicated in 2005, truckers paid Rs 222 crore ($28 billion) in bribes. Both government regulators and police share bribe money to the tune of 43 percent and 45 percent each, respectively. The volume must have increased though the formula may remain valid now. 

Notably, the 2005 TI report states that over 62 percent of Indians confirmed that they had to bribe a public official at some point to get something done or enjoy services provided by them (public officials). In 2019, the Corruption Perceptions Index ranked India at 40-49 percent and in 2021, India was at 85 out of 180 in the CPI grading. It slid to 93 in 2023. 

As of December 2009, 120 of India’s 542 Parliament members have accusations of partaking in corruption-related crimes like bribing under First Information Report (FIR). Many of the biggest scandals since 2010 have involved high-level government officials, including Cabinet ministers and chief ministers, such as the 2010 Commonwealth Games Scam (₹70,000 crores (US$8.8 billion)), the Adarsh Housing Society Scam, the Mining Scandal in Karnataka and the cash for vote scams. 

In 2019, an online petition exposed the ineffectiveness of the country’s top anti-corruption authority, Lokpal, which is supposed to stop corruption in the country. The petition addressed to the Chairperson of Lokpal asserts that the Lokpal officials are squandering enormous amounts of public money without accountability. 

Professor BibekDebroy and Laveesh Bhandari claim in their book Corruption in India: The DNA and RNA, in 2010, that public officials in India may be cornering as much as Rs 921 billion ($12 billion), or 1.26 per cent of the GDP, through corruption. 

Corruption also results in lower economic growth for a given level of income. With the reduction in corruption level in India the growth rate of GDP might increase by 5 to 7 percent. As per an estimate, corruption in India causes a loss of growth in terms of investment and employment to the tune of Rs 25000 crores. 

The report said as the Asia Pacific region faces a 2024 election year, with people coming out to vote in Bangladesh, India, Indonesia, Pakistan, Solomon Islands, South Korea and Taiwan, the 2023 Corruption Perceptions Index (CPI) reveals another year of little to no meaningful progress towards curbing corruption. 

The government has been pursuing zero tolerance against corruption and has taken several measures. There are 3745 cases of corruption lodged in 2021, according to the National Crime Records Bureau Report (NCRB). In addition, 457 cases are there against 549 public servants. A series of raids were conducted by Enforcement Directorate on a series of politicians, businessmen and other across the country. 

Another factor for increasing graft is the rising numbers of multinational corporations’ involvement. The Bribe Payers Index record their engagements. It is a myriad way they function. 

Offences under the Prevention of Corruption Act are also predicate offences for proceedings under the money laundering act. In addition, these offences could also entail criminal consequences under the Benami Act and the Black Money Act. Individuals or corporations charged with corruption also face possible prosecution under PMLA, Benami Act and Black Money Act, and, upon conviction, may be subjected to further imprisonment and, or, fines for offences therein. 

However, the level of graft is not coming down. Despite digitising, the rent seeking has not come to an end. It calls for an effort across social boundaries. The elections might see more of it in different forms and the colour may change but not the graft.---INFA

(Copyright, India News & Feature Alliance)

Round The World

New Delhi, 8 March 2024

India-France Dialogues

BOLSTERING THE PARTNERSHIP

By (Prof.) Dr. D.K. Giri

(Secretary General, Assn for Democratic Socialism) 

External Affairs Minister S. Jaishankar met Anne-Marie Descotes, Secretary General of the French Ministry of Europe and Foreign Affairs on Tuesday last to review the strategic partnership between the two countries. The meeting took place under the mechanism of Foreign Office Consultation (FOC) that has been taking place between India and France. The outcome of the meeting, according to Jaishankar is that “Strategic partnership between two nations is growing from strength to strength.” 

During the meeting, both countries took stock of a various aspects of bilateralism which was initiated in the strategic partnership between the two launched on 26 January 1998. This was the first strategic partnership India had with any country. It embodies the core vision of both India and France of maintaining their respective strategic autonomies by drawing on a strong bilateral cooperation. The pillars of this partnership are sectors like defence and security, civil-nuclear matters, space, maritime security, digitalisation, cyber security, advance computing, counter terrorism, climate change, renewable energies, sustainable growth and development. It also has a strong India-Pacific component. 

The other instrument which outlined the contours of bilateralism is the India-France Horizon 2047 Roadmap devised on 14 July 2023 when Prime Minister Modi visited Paris as a Guest of Honour on their National Day. This was when the strategic partnership completed 25 years. Now the Roadmap extends this partnership for another 25 years. The end of this period interestingly will mark the centenaries of India’s independence and diplomatic relations between both countries. 

Just before the Prime Minister’s visit from 6-9 July, a four-day festival of India called ‘Namaste France’ was organised. The festival drew a lot of renowned Indian performing and visual artists – classical, modern and contemporary for live performances and exhibitions showcasing India’s diversity and culture and cuisine to over 2,000 visitors. The festival underlined the interest of people-to-people ties, and cultural exchanges.France has a centre for language and culture in New Delhi called Alliance Francaise in New Delhi. 

On the recent dialogue, the FOC is the central mechanism between two countries that deals with all aspects of India-France exchanges. It offers a platform for both nations to align their priorities and cooperate effectively on shared challenges. Overall, the FOC consultations are indicative of strengthening bonds of friendship and cooperation between the two nations. 

On 4 March, two other bilateral dialogues took place: India and France Disarmament and Non-Proliferation Dialogue. The two sides discussed developments relating to nuclear, chemical and biological domains. It also covered conventional weapons including AI in the military domain and lethal autonomous weapon systems and multilateral export control regimes. India has been committed to the goal of universal, non-discriminatory and verifiable nuclear disarmament. Furthermore, as a responsible nuclear-weapon state, India is committed to maintaining a minimum deterrence with the position of no-first use and no use against non-nuclear states.  

The other meeting that took place on 5 March was the Strategic Space Dialogue, the second in the series. Under this, both sides reviewed the progress since the first dialogue and the bilateral engagement in the space sector. They also talked about possibility of cooperation in the G2G and commercial segments. The inaugural India-France Strategic Space Dialogue was held in Paris on 26 June 2023. There was also discussion on the implementation of the Letter of Intent recently signed on Defence Space Cooperation – capacity building, training and space exchanges and Defence Space Industrial Cooperation. 

The India-French space partnership is nearly six decades old; it dates back to 1964 when India’s space programme was inchoate as it was experimenting with sounding rockets for Thumba in Kerala. The partnership that evolved covered collaborations in technologies for satellite launches, research, operational applications, innovation and NewSpace partnerships for Deep Space Exploration. The Indian Space Research Organisation (ISRO) and the French National Centre for Space Studies (CNES) have been partnering closely in the fields of space medicine, astronaut health monitoring, life support, radiation protection, space debris protection and personal hygiene systems. 

The dialogue on Monday emphasised the importance of fostering a favourable environment for commercial space activities. Both the countries acknowledged the potential for growth and innovation in the commercial space segment and therefore expressed their commitment for building partnerships and facilitating investments to harness this potential. India and France seek to explore new horizons in space exploration while strengthening their long-standing partnership in science and technology. 

The dialogues covered a wide range of issues and multiple sectors: science and technology, blue economy, institutional dialogue mechanism, cooperation in Indo-Pacific region, climate action, energy transition, health, trilateral and plurilateral cooperation. On political front, it covered UNSC reforms, the ongoing war in Gaza, and the tension in Red Sea and Russia-Ukraine conflict. 

India-France bilateral relations go back to the 17^th century when trade exchanges started between two countries. Until 1954, France maintained a colonial presence in the Indian Sub-Continent. In particular, a former French territory, Puducherry is a popular tourism destination of numerous French travellers to India. After the signing of strategic partnership in 1998, the progress in all areas of bilateral cooperation has been significant. There have been regular high-level exchanges. The commercial exchanges also have grown in areas like defence, nuclear energy and space. 

In fact, France was the first country with which India entered into a Nuclear Energy Agreement following the waiver given by IAEA – International Autonomic Energy Agency and Nuclear Supplier Group. The waiver enabled India to begin full civil nuclear cooperation with the international community. 

The dialogues on 4 and 5 March foster the relationship between France and India in terms of collaboration with deeper understanding on shared priorities and challenges. The relationship is built on shared interests on several areas in Indian Pacific region and other global issues. Prime Minister Modi and President Macron share a strong bond. In August 2019, France has been called “India’s new best friend” by the Hudson Institute, an American think tank based in Washington.

France is inviting Indian students in a big way to study in French institutions. As many as 1700 courses are taught in English language in French institutions. There are upto 400000 Indians working in French companies in India. To bolster India’s defence, 36 Rafael Aircrafts have been delivered. 

All in all, France is considered to be a steady and reliable partner. As India wishes to see and seeks to build a multipolar world, France will be a big ally. France has been opposed to the hegemony of either United States or former Soviet Union. Hence it reconciles to and collaborated with Germany in constructing the European Union as a new pole of influence in the world politics. EU has not become so is another discussion. In any case, the India-France relation is good for both countries and may contribute to shaping a new world order. ---INFA 

(Copyright, India News & Feature Alliance)

Round The World

New Delhi, 26 February 2024

Greek PM in India

DRAWING NEW DELHI IN

By Prof. (Dr.) D.K. Giri

(Secretary General, Assn for Democratic Socialism) 

Greek Prime Minister Kyriakos Mitsotakis recent visit to New Delhi was significant as it underlined the critical need for both countries to come together. Besides, the visit came after 15 years by a head of the state or head of government of Greece. The last Greek prime minister visit occurred in 2008. Also, during this visit, India and Greece initiated or renewed ground-breaking partnerships and projects. 

The process of deepening the bilateralism had begun last year in August when Prime Minister Modi had visited Greece. That visit was equally or more significant as any Indian Prime Minister had been to Athens 40 years ago. During Modi’s visit, India-Greece relations were upgraded to a strategic partnership. It was also decided that the bilateral trade will be doubled by 2030. Thus, Modi’s visit marked a historic occasion when he was conferred the highest civilian award of Greece, Grand Cross of the Order of Honour by President Katerina Sakellaropoulou. 

Mitsotakis who was on a two-day official visit and was the chief guest and keynote speaker at the Raisina Dialogue, 2024, said, “PM Modi’s historic visit to Athens created a momentum which will be accelerated by his visit to India”. He was emphatic and optimistic about India and Greece relations. He said to a Greek journalist Alexis Papahalas on the eve of his departure to India, “India will find no better gateway to Europe than my country and for Greece, there is no better gateway to Asia than a close strategic relationship with India”. 

Mitsotakis made a forceful plea for proceeding with India-Middle East Economic Corridor (IMEC) despite the continuing conflict in Gaza. This corridor was conceived as a counterweight to Beijing’s BRI which made the participating countries debt-prone and impaired their sovereignty. The founding members of IMEC could not meet due to the war in Gaza. Also, Israel’s Haifa port owned by Indian Adani Group was expected to be a key point for the ship-and-rail route proposed under IMEC. It would start from India’s West Coast through UAE through Saudi Arabia to Jordan and Israel before reaching Greek’s Piraeus port and to the rest of Europe. 

According to a promising statement made by the Greek Prime Minister, “IMEC holds great promise to supercharge connectivity between India and the growth of economies in the Middle-East and Europe. IMEC will be good for the entire world in the long run. Mitsotakis economic reforms in last five years are leading to stability. Greece remains a solid member on Eastern flank of the European Union and in the Eastern Mediterranean. So, IMEC becomes important for Greece. 

India-Greece relations go back to 326 BC when the Greek hero Alexander came up to North-West of Indian Sub-Continent up to Beas River where he fought a battle with Raja Puru of Paurav dynasty. As per the Commonwealth War Graves Commission, 518 identified soldiers of undivided India defending Southern Europe in World War-I were buried in Greece. A Greek national Dimitrios Galanos born in Athens spent 47 years in India. He translated Indians scriptures into Greek language. He also produced a Sanskrit-English-Greek dictionary containing 9000 words. He died on 3 May, 1833 in Varanasi. A Dimitrios Galanos chair of Hellenic studies was set up in Jawaharlal Nehru University, New Delhi in 2000. The famous Gandhara art is believed is to be a fusion of India and Greek art traditions.

Diplomatic relations began in May 1950 with the setting up of Greek Embassy in New Delhi. India opened its Embassy in Athens in 1978. The bilateral relations have been conducted through two instruments: one, Joint Economic Community (JEC) and the other Foreign Office Consultation (FOC). The latter meets alternatively in Delhi and Athens. 

Both the countries have decided to celebrate next year the 75th anniversary of their diplomatic relations. To mark the occasion, it was decided to, “Prepare an action plan that will enable both the countries to showcase their common heritage, science and technology, innovation, sports and other areas on the global stage. 

Both countries are ‘prisoners’ of geography. But their strategic locations are important to the global system and geo-political prosperity. Recent events at Red Sea have demonstrated that the security of East Mediterranean region where Greece is located virtually depends upon the stability of the Indian Ocean region. That is why perhaps Greece decided to join the Indo-Pacific Ocean Initiatives launched by India during its G-20 chairmanship. Greece has the world’s biggest merchant fleet, and its geographical position makes it an obvious partner for the project. 

On trade and commerce, India exports aluminium, organic chemicals, fish and crustaceans, plastics, textile articles, chemicals, iron and steel. It imports from Greece minerals, mineral fuels, oil, sulphur, aluminium foil, mineral oils, lime and cement, products for their distillation, electrical machinery equipment and building stones. 

During the visit of the Greek Prime Minister, who was accompanied by senior officials and business executives, several agreements were signed. These related to collaboration on start-ups, cooperation in shipping and connectivity, collaboration in higher education, support in defence, cyber security, maritime security and counter terrorism. 

In a joint press conference with his counterpart, the Greek Prime Minister said, “We are deepening the strategic cooperation in all spheres from defence to education, culture, tourism, agriculture, trade and investment”. One important agreement was the finalising of a mobility and migration pact to regulate legal migration. This will enable skilled workforce from India to migrate to Greece and contribute to its economy. Another significant agreement was the co-production and co-development of military hardware. 

Already Indian Navy and Air force are conducting joint exercises with Greek Armed Forces. An Indian company is building a new airport on the Island of Crete. An Indian business family has invested in food business in Greece. A shipping company from India is in brokerage firm in Athens, and it looks to be a major player in the Trans-Atlantic shipping market. A Greek bank has joined up with Indian financial institutions to sell mutual funds products globally. But such transactions do not seem to be good enough. More needs to be done. 

Mitsotakis said India should be a corner stone of Europe’s foreign policy. In any case, this is certainly the case for Greece. The leadership in Greece has been pushing for a closer India and EU relations. In particular, Athens is nudging the EU to sign the Bilateral Trade and Investment Agreement between EU and India. The year 2024 is crucial for Europe and the world, and so is for Greece and India. 

One hopes that the diplomatic niceties are backed by sincere efforts on both sides. Prime Minister Modi is reaching out to new partners and building fresh contacts. Although India and Greece have been connected since long, it is time they make the partnership robust in their mutual interests.---INFA 

(Copyright, India News & Feature Alliance)