Tuesday, November 24, 2020
Crime and Corruption were Inherent to MS Yadav’s Socialism
Friday, October 16, 2020
Justice Ramana l’affaire Must be Inquired for the sake of Judiciary
This is for the first time that constitutional
authority, no less than the Chief Minister of Andhra Pradesh, Jagan Mohan
Reddy has levelled direct allegations against another very high
constitutional authority NV Ramana, who is the second senior-most judge
of the Supreme Court of India. Mr Reddy has not minced words and said that
Justice Ramana has been acting against him and his government. Some judges of
the Andhra Pradesh High Court are not only in cahoots with Justice Ramana, but
they are working at his instance to often put the government in a spot. As
a result of it, the developmental works of his government are getting hampered.
This is no longer an issue between two individuals but it is now a matter
between the two rather all three pillars
of democracy.
Mr Jagan Reddy’s letter to the Chief
Justice of India Justice AS Bobde against Justice Ramana, who is in the line to
become the next Chief Justice of India, should not be consigned to the dustbin
by dismissing as frivolous and baseless. It should be taken with all
seriousness that it demands because it is the question of the integrity and
majesty of the Judiciary. Mr Reddy has not written any anonymous letter in a surreptitious
manner. He has said it publicly and the former Chief Secretary of the State,
who is now an advisor to the Chief Minister has circulated it to the media and
that is the reason that his letter has come into the public domain has assumed
significance.
One wishes that what Mr Reddy has said is
found to be wrong, but can this matter be allowed to rest at that? Only a
proper enquiry by some top judges and the at least two chief justices of the
High-Courts should be formed to probe into the matter as that will restore the solid
faith of the people in the judiciary.
In fact, Justice Ramana should himself
volunteer for an independent enquiry to come clean of all allegations. If the
high-powered independent enquiry finds that allegations are wrong and motivated
then the contempt of court proceedings must be initiated against Mr Reddy and
the harshest punishment should be meted out to him and he should be declared
unworthy of holding any post, be it elective or nominated. That will serve as a
deterrent for others from making any allegations against any judge of the High
Court or the Supreme Court.
Trust and impartiality are the sine
qua non of the judiciary and it should be saved and protected steadfastly by
everyone but more so, by the judges themselves. It must begin right from the
time of the selection and appointment of the judges. NJAC was a step forward in
that direction for instilling confidence among the people about the impartial
appointment of judges but that was spiked by the constitution bench of the
Supreme Court.
One fails to understand as to why many Bar
Associations are bending backwards to trenchantly criticise Jagan Mohan Reddy.
It defies all logic why anybody should be condemned without confronting him/her
in an impartial enquiry. The one-sided view
is anathema to the judicial system and yet some Bar Associations are passing
the judgments. It is unfair, to say the least. Therefore, in all fairness,
Justice Ramana should himself keep away from judicial works and ask for the
constitution of the independent enquiry committee, which should be asked to conduct
and submit its report in a time frame.
This will go a long way in enhancing the prestige
of the judiciary. Ethical values play an especially important role in the glory
of a person and the profession. Justice bereft of morality is like a body
without the soul, which should be burnt or buried.
Saturday, October 10, 2020
Fudging of Circulation by Newspapers and TRP by TV Channels is an Open Secret
Fudging and fraud in showing the inflated figures of circulation of newspapers and Television Rating Points (TRP) is not a new phenomenon. It has been going on for decades. However, a new trend in journalism of naming and shaming of one media house by the other or by one journalist by other has been emerging extremely fast and I personally welcome it. Keeping the malpractices under practice promotes corruption and the media industry badly inflicted with it. Some media houses have been building empires, some journalists have been making money, getting coveted posts and many more facilities by sheer dint of their connections with the powers that be. The principle of ‘dog does not bite dog’ has been saving corrupt journalists and blackmailers.
The credit for it
certainly goes to some trend setting journalists, who have exposed the nexus
and complicity of the journalists, media houses with those of the political
parties, foreign-funded establishments, and ruling dispensations. It is said
that the attrition generates electricity which enlightens and ensures
transparency. Mumbai police have started investigations against certain
channels for fudging the TRPs. There is no doubt that the Mumbai police is
doing it at the instance of the political masters, out of vendetta and vindictiveness
against one TV channel but the result is certainly going to be good as it will help expose the rampant corruption in
the media.
We often hear the rags to
riches story of some journalists and their organisations because of largescale corruption
and cronyism. There have been 73000 newspapers in the country according to 1915
records of the RNI. Every newspaper including the big ones has been submitting increased
figures of circulation to the government for obtaining advertisements at high
rates. There have been newspapers which have been publishing only the file
copies and yet they used to claim exceedingly high circulations. Big newspapers
like the Times of India, Hindustan Times, the Hindu, Dainik Jagran, Dainik
Bhaskar, Amar Ujala, Nav Bharat Times, Hindustan, and India Today etc, have
been giving incentives to swell their circulation.
The reasons are not far to seek
when most of the newspapers were up in arms when the Government of India
introduced six parameters to release DAVP advertisements. Some of the
conditions were like giving the GST receipt on the newsprints used by them, the
name of the Printing Press and the number of employees and the PF being paid to
them. It was found that the name of a small printing press was being used by
thirty to forty daily, weekly, and fortnightly newspapers, and the total
circulation of them was no less than twenty to twenty-five lakhs, which was far
beyond the capacity of the printing press, which did not have more than four of
five employees. No PF was deducted for them. Thus, everyone from the printing
press to owners of newspapers chartered accountants, and the minions of DAVP
was found to be neck-deep in fraud and the mess. When the attempts were made to
stop it, most of them raised the banner of revolt terming it as the onslaught
on the freedom of the press. Fly by night media associations sprung up all
over the country and orchestrated in one voice that the government was out to
stifle and strangulate the small and medium newspapers.
It is an open secret that almost all TV
channels have been managing and manipulating the TRPs but it is undoubtedly a
matter of great satisfaction that the investigations will go a long way in
exposing and cleansing the fraud and
forgery of the channels. It is bound to a blessing in disguise for the people
of the country, so, we must welcome it. The Government must also wake up to the
occasion to ensure that malaise from media
is removed.
Sunday, September 27, 2020
New Farm Acts: Better Late than Never
Politics in the name
of farmers is a flourishing and beneficial trade for the politicians and
dalalas. Otherwise, there is no reason why no drastic changes have been
brought in the agricultural policy of India for decades. The number of small
and marginal farmers is rising with every passing year and the load on the
agriculture sector is increasing day by day. The need, therefore, is not only
to modernise agriculture but also to offload it as much as possible. There
should not be any doubt left in anybody's mind that the opposition to three new
Farm Bills recently passed by both houses of Parliament is specious and it is
being orchestrated and motivated, not by genuine farmers, but by those
intermediaries whose interests are getting hurt. These politicians
and middlemen have been reaping earning huge profits by fleecing the farmers
and consumers. That was why there have been no takers for their protest marches
and demonstrations organised on 25th September.
The three
Bills, which have been attracting the attentions are: Farmers
Produce Trade and Commerce (Protection and Facilitation Bill, Farmers
(Empowerment and Protection) Agreement and Price Assurance and Essential
Commodities (Amendment) Bill but only two points which are being thrown by the
opponents are the MSP( Minimum Support Price) and APMCs (Agriculture Produce
Marketing Committees), which opponents say will wither away by these Bills,
which have since become Acts. These Acts will
facilitate and permit the farmers to sell theirs produces outside the Mandis
(wholesale markets) regulated by Agricultural Produce Marketing Committees
constituted by different state legislations. Many states have passed their own
laws to mandate 'agricultural trade' through APMCs. Although the purpose of the
APMCs was to ensure fair prices to be paid to the products of the farmers yet they have not only miserably failed in their objectives but have practically
become the centres of corruption and the exploitation of the farmers.
Here are two examples, which I can cite with my own personal
knowledge that how deep the corruption has gone down in in the APMC.
There is one small wholesale grain market,(Mandi) in Kharkhoda in Panipat
district of Haryana and another one that I am talking about is of the Azadpur
vegetable and fruit Mandi of Delhi, which is considered to be one of the
biggest Mandis of Northern India. Any person having even
the elementary information about the functioning of these Mandis will vouchsafe
that it is middlemen and profiteers with the help of the corrupt minions of
Samiti, who rule the roost. Hundreds of trucks make a beeline every day
particularly at Azadpur mandi to unload their produces but those who go through
the intermediaries or by greasing the palms of the shenanigans of mandi they
get priority, but others suffer and lose heavily. Moreover, if anyone wants
immediate payment of the produces, he/ she has to cough up at least five per
cent of the total amount to the rogues. But the new Act provides for the
immediate payment. One can easily understand about those persons, who are
standing against the new Acts. Farmers and consumers have been the ultimate
losers till now which the new Acts will ensure that they are no longer
exploited.
These Acts permit the
electronic trading of their produces. With heavy teledensity, the farmers are
now well connected, and they can sell theirs produces online, which was
well-nigh impossible in the APMCs. However, the government has not completely
done away with APMCs, they will continue to co-exist along with new arrangements.
Minimum Support Price will not be the part of the Acts, as it exists even
today, but that will continue to be announced by the government for different
crops from time to time. Thus, we find that APMCs will not have suffocating
dominance, which they have in the present circumstances. Therefore, it is abundantly clear that the bogey of
the MSP and APMCs, is being created more by non-farmers than by farmers but
that too is unfounded. The new laws unshackle the farmers and give them the
freedom to sell their products anywhere in India.
Farming, to say the least, is not an attractive occupation.
Nearly fifty per cent of farmers want to move out of it because it is becoming
non-remunerative. Farm sizes are getting smaller day by day. The number
marginal farmers have gone up in the last few decades and their condition is
getting pathetic and is no better than those of the farm labourers. Tiny farms
are the big hindrances in the modernization of agriculture. So, the contract
farming will provide the good impetus for the modernization of the agriculture
and the new Acts seek to encourage them but that will not be binding for the
farmers as they will have the freedom to opt into or out of it. Recently
Simranjit Kaur Badal wife of Akali leader Sukhvinder Singh Badal resigned from
the Union cabinet of ministers opposing the new farm laws. Shri Badal has
written an article in a newspaper, where he has simply expressed his fear that
it will lead to corporatization. The farmers will get a good price to their
yields for a few years and thereafter they will be exploited by the corporates.
He has, however, given no reason or logic in favour of his contentions. He has
forgotten the fact that the establishments of E-chaupals and E-procurement
centres will go a long way in removing the roles of middlemen.
The Essential Commodities Act was enacted decades ago to stop hoardings,
but it has essentially hurt the farmers. They were not protected if the prices
of potatoes or onions fell because they were prevented from taking them to
other places for obtaining higher prices. Warehousing is so essential for the
storage of the produces but that cannot be built by the farmers of small
landholdings, so again the need for the contract farming hardly needs to be
emphasized.
Be that as it may, these
new farms acts, therefore, must be welcomed with open arms as they will
remove the dominant roles of middlemen who have been holding the farmers to
ransom without any qualms and compunction.
Saturday, September 26, 2020
Dear Harivansh, Never Deviate from the Principled Stand
Tuesday, September 15, 2020
Ms Bachchan’s Speech Exemplifies her Reprobate Nature
Monday, September 7, 2020
Kesavanad Bharti Judgement Needs to be Set aside
Kesavanand Bharti vs
the State of Kerala, more known as the Fundamental Rights case, as decided by
the Supreme Court of India, way back in 1973, has again come into focus, due to
the death of Swami ji. I pay my respectful tribute to Swami ji. This case,
without doubt, brought a paradigm change in judicial history. It is the longest
judgement by the largest bench till date. However, with the greatest
of deference, it must be said that it is totally erroneous judgment and
therefore, needs to be revisited and reconsidered. Firstly, this case was not
decided by all 13 judges of the bench as it was signed only nine judges. Four
judges outrightly refused to sign on the judgement.
Thus, the
wafer-thin majority of 7:6 in this judgement was obtained by dubious means.
Chief Justice S M Sikri wrote a summary on behalf of the judges to assert the
principle of the basic structure, which was dealt at length by Justice H R
Khanna. There is no concept of writing the summary of the judgement and hence
the ratio decidendi is missing. Every judge is supposed to write his/ her own
judgement or concur with the judgement authored by a fellow judge. But how can
one judge write the summary of the judgement?
Out of nine judges,
who signed on the judgement, two had categorically spoken about the supremacy
of the Parliament, which had unfettered powers to amend the constitution. Since
Chief Justice Sikri was to retire in a day so the judges could not get
time to write their own independent judgement. It was the reason that four of
the judges did not at all append their signatures on the judgement. So, how can it be
treated to be a bench of 13 judges? Even otherwise also, it is the Will
of the people that are represented through Parliament, which is supreme and
that cannot be shackled. Courts cannot usurp or appropriate the powers of
Parliament from legislating any law which reflects the people's Will.
Unfortunately, this tendency has more grown in the courts after the Kesavanand
Bharti case.
The concept of
‘basic structure’ is very vague and ambiguous. We find that it has been increasing
like the ‘Saari of Draupadi’ depending on the caprices of the judges. Here is a
hypothetical question if some people say that Westminster form of democracy is
unfit for this country and they seek the vote of the public of the country on
this plank itself. Suppose for a moment that the overwhelming majority
positively responds to in favour of discarding the Westminster form of
democracy. Then can anybody stop them from changing the so-called basic
structure of the constitution?
This theory of 'basic
structure' is hogwash and fallacious theory. The constitution is a living
organism and it has to constantly evolve itself as per the changing social,
economic and political needs of the people. The scientific and technological
developments must provide the push to the constitution, which cannot remain
tethered to the rigidity. Hence, the basic structure does not fall in the
domain of the Courts, it is the sole prerogative of the Parliament. What we
have seen in the NJAC case is nothing but the negation of the Will of the
people. The Parliament will have to take a call to ensure that the freedom
obtained after a long struggle and sacrifices of countless heroes
remains well preserved. It cannot be left to be the subject matter of
the skullduggery of the judges and the obfuscation created by the luxury-loving
advocates.
