Saturday, September 17, 2011

An unaffordable burden

The motto 'aam admi' and the strategy inclusive growth of UPA now under tizzy. Petrol price has been hiked with an increase of Rs. 3.14. In last four months, there has been an increase of Rs 8 per litre. The price was Rs 58 in April, which increased to Rs 63 in May, which was considered to be the highest price hike of the century. And again there has been an increase of Rs 3.14 taking the price to Rs 66.51 per litre. Adding displeasure to this unfavorable decision, RBI hiked bank rate by 0.25 percentage points (or 25 basis points or bps) from 8 per cent to 8.25 per cent. Following the hike in the repo rate, the reverse repo rate (the interest rate at which banks park surplus liquidity with the RBI) has got adjusted upwards from 7 per cent to 7.25 per cent.The RBI has already hiked policy rates 11 times since March, 2010, and this 12th but similar strategy is an  attempt to tame demand and curb inflation. At the same time all the measures failed achieve the goals and growth rate stunted. Industrial production fell to a 21-month low of 3.3 per cent in July. Economic growth in the April-June period stood at 7.7 per cent cent, the lowest in six quarters.This both now increased the burden of people and become unaffordable.

In the another side, the three public sector retailers — IOC, Bharat Petroleum and Hindustan Petroleum — have lost Rs 2,427 crore (till September 15) on petrol and  their losses would have been Rs 15 crore daily if it was not revised.  And it will lead to inflation, if Government go with the increased subsidy to oil companies.  
 


 

Thursday, September 15, 2011

US Congress report praises Gujarat CM Narendra Modi

US Congress report praises Gujarat CM Narendra Modi
Press Trust Of India
Washington, September 14, 2011

Identifying Gujarat as perhaps the best example of effective governance and impressive development in India, a Congressional report showered praise on the chief minister Narendra Modi and said that the state

under him has become a key driver of national economic growth. Gujarat, is
followed by Bihar and its
chief minister Nitish Kumar, for his governance and administrative skills, the latest report of the Congressional Research Service (CRS) on India said.


"Perhaps India's best example of effective governance and impressive development is found in Gujarat, where controversial chief minister Narendra Modi has streamlined economic processes, removing red tape and curtailing corruption in ways that have made the state a key driver of national economic growth," said the CRS report.

An independent and bipartisan wing of the US Congress, the CRS prepares periodic reports on issues of interest to the US lawmakers.

The 94-page report was released by the CRS for US lawmakers on September 1, a copy of which made public by the Federation of American Scientists.

"Seeking to overcome the taint of his alleged complicity in 2002 riots, Modi has overseen heavy investment in modern roads and power infrastructure, and annual growth of more than 11 per cent in recent years," the CRS said.

Gujarat, the CRS said, has attracted major international investors such as General Motors and Mitsubishi and with only five per cent of the country's population, the state now accounts for more than one-fifth of India's exports, it said.

The CRS mentions Bihar after Gujarat in good governance.

"Another positive example in 2011 has been Bihar, one of India's poorest states, where chief minister Nitish Kumar has won national attention through his considerable success in emphasising good governance over caste-based politics.

"He is credited with restoring law and order across much of the state, as well as overseeing infrastructure and educational improvements of direct benefit to common citizens projects," the report said.

"Kumar's Janata Dal (United) party, in alliance with the main national opposition BJP, won an overwhelming reelection majority in November 2010 state elections," the report said.

The examples set in by chief ministers Modi and Kumar may have inspired the popular leader of India's most populous state Uttar Pradesh.

"Chief Minister Mayawati, who is widely believed to maintain national political ambitions and was at the forefront of a nascent "Third Front" in 2009, has shifted her own focus much more toward infrastructure projects such as road-building and improving the state's poor energy grid," the report said.

The CRS also refers to the ongoing Telangana movement in Andhra Pradesh, and the new Trinamool-Congress rule in West Bengal.

As West Bengal's new chief minister, Mamata Banerjee is faced with repairing one of India's poorest states.

Monday, September 5, 2011

A cautious approach to new banks

The bias against large industrial houses has continued in the reform era
C. R. L. NARASIMHAN - The Hindu September 4 , 2011
...................................................................................................................................................................

The Reserve Bank of India took one step forward in what has been a long drawn-out process of issuing licences for new banks in the private sector. The draft guidelines, which have been put up on the central bank's website, spell out the eligibility criteria, the organisational structure to be adopted by the new banks, the minimum capital requirements, corporate governance standards, the business model and related issues.

The issue of giving licences to a few private parties to start commercial banks has always been a sensitive one. More so, at this juncture, when it is believed that the new policy relaxation is primarily for the benefit of large industrial houses and business groups.

Before 1969, many leading banks, including Bank of India, Bank of Baroda and United Commercial Bank, were owned or controlled by leading business groups. In a two-stage process that began in 1969, the government nationalised these banks in a decision that had as much to do with domestic politics as economics. The case for the takeover was built on the ground that these banks were serving their private promoters' interests and that in any case there was a need to reorient the banking system towards national interests (a period of social control of banks preceded their takeover).

The bias against large industrial houses has continued in the reform era. Following the guidelines of 1993 and 2001, some private banks came into being but none of them was sponsored by large business houses.

However, this time it is likely that a few industrial houses will make the grade. The RBI discussion paper, which had considered the pros and cons of such a move, received wide ranging feedback. Even at the draft stage, the RBI has laid down stringent conditions.

Tough conditions

1. Eligible promoters: Entities/groups in the private sector, owned and controlled by residents, with diversified ownership, sound credentials and integrity and having successful track record of at least ten years will be eligible to promote banks.

In a significant move, the RBI has barred groups having even an exposure of 10 per cent (by way of assets or income or both) in real estate and/or broking activities over the past three years. Evidently, these sectors are ‘speculative' in nature and the business model adopted in such businesses will be ‘misaligned' with that required by a bank.

2. Corporate structure: New banks will be set only through a wholly-owned non-operative holding company (NOHC), which will be registered with the RBI as a non-banking finance company. All financial activities of the promoter group will come under the NOHC. The idea is to ring fence the financial interests of the group from its other business activities and give a measure of protection to the bank's depositors.

3. The minimum capital requirement will be Rs.500 crore. The NOHC will hold a minimum 40 per cent of the capital for five years from the date of licensing. The aggregate non-resident shareholding will not exceed 49 per cent for the first five years.

4. Corporate governance: At least 50 per cent of the directors of the NOHC should be independent directors.

5. The business model should be realistic and viable and should address how the bank proposes to achieve financial inclusion. The bank should have a fourth of its branches in unbanked rural areas. The RBI will have the powers to vet the business plan and pull up the promoters for any deviations.

6. Amendments to the Banking Regulation Act, 1949, will be carried out to give the central bank extensive powers in a wide range of matters necessary for effective supervision. The bank shall get its shares listed on the stock exchanges within two years of licensing.

Sunday, September 4, 2011

Thank You Teacher





We are witnessing yet another teacher's day which I remember more than my birthday. While remembering our great teacher and philosopher -  Dr. S. Radhakrishnan, second President of India, I bow my head in front of my great teachers and their endless affection. It was them, which make me to stand, strengthen me to speak and empowering me to move.


I position my teachers just before my parents. I believe and value their efforts to mold this ‘ME’. I pick someone from them, they really imparted the right visions and values. I believe and reiterate, what Bacon said “Teachers are priceless social treasures”. Among the noble professions, it is the noblest. Someone said “Teaching is the profession that teaches all the other professions”. And every teacher functions as a ladder which gives life to everyone to go up in life. Certainly, teachers are strong ladders which work to create great men and great nations. It is very true what Alexander the Great said: once “I am indebted to my father for living, but to my teacher for living well.” They are like candles, they shown me the way and actualized the saying “a good teacher is like a candle - it consumes itself to light the way for others”.
William A. Ward said: “The mediocre teacher tells. The good teacher explains. The superior teacher demonstrates. The great teacher inspires.” I remember those teachers who cared and inspired me than anyone.  I memorize my teachers who speak beyond chalks and talks. Exceeding the limitations of simple tools, they blessed me with valuable lessons. I still memorize – strong advices of Mrs. Alice (My School Physics Teacher), Great affection of Mrs. Ambily (My +2 Physics Teacher), Ever time motivation of Mr. Shaji (My Degree Malayalam teacher), Outstanding guidance and encouragement of Mr. Dipu (My MBA Teacher), extraordinary patience and affection of Mrs. Elizabeth Ma’am. And last but with most respect, I remember Rev. Dr. Abraham Mulamoottil (My Boss and teacher) – a man with outstanding visions and missions.


I love you all, Pray for You all and THANK YOU to all. Your blessings are my Energy which boosts me to fly more and empower me to go ahead.  Also I beg your pardon, If I have done anything wrong or if I pained you in any instance. 

I cherished by an article in The Hindu, which clearly define a good teacher and his role. It seems like an advice to modern teachers. “Teachers cannot enjoy unending rapport with their students just by teaching the subject given to them alone. They should also instill morals and discipline in the minds of students to help them lead a successful and happy life later. Classic examples of teachers of precepts and preachers of morals are King Solomon and the Buddha. Nowadays teachers prepare the students for the exams no doubt; but it is doubtful if they prepare them for their life too. Incidentally, there used to be one full period allotted for ‘Moral Instructions' in all schools those days. Now it has been conveniently removed for reasons not known”.

 (A real teacher has the ability to down to the level of students) 

Thank You teacher



We are witnessing yet another teacher’s day which I remember more than my birthday. While remembering our great teacher and philosopher -  Dr. S. Radhakrishnan, second President of India, I bow my head in front of my great teachers and their endless affection. It was them, which make me to stand, strengthen me to speak and empowering me to move.
I position my teachers just before my parents. I believe and value their efforts to mold this ‘ME’. I pick someone from them, they really imparted the right visions and values. I believe and reiterate, what Bacon said “Teachers are priceless social treasures”. Among the noble professions, it is the noblest. Someone said “Teaching is the profession that teaches all the other professions”. And every teacher functions as a ladder which gives life to everyone to go up in life. Certainly, teachers are strong ladders which work to create great men and great nations. It is very true what Alexander the Great said: once “I am indebted to my father for living, but to my teacher for living well.” They are like candles, they shown me the way and actualized the saying “a good teacher is like a candle - it consumes itself to light the way for others”.
William A. Ward said: “The mediocre teacher tells. The good teacher explains. The superior teacher demonstrates. The great teacher inspires.” I remember those teachers who cared and inspired me than anyone.  I memorize my teachers who speak beyond chalks and talks. Exceeding the limitations of simple tools, they blessed me with valuable lessons. I still memorize – strong advices of Mrs. Alice (My School Physics Teacher), Great affection of Mrs. Ambily (My +2 Physics Teacher), Ever time motivation of Mr. Shaji (My Degree Malayalam teacher), Outstanding guidance and encouragement of Mr. Dipu (My MBA Teacher), extraordinary patience and affection of Mrs. Elizabeth Ma’am. And last but with most respect, I remember Rev. Dr. Abraham Mulamoottil (My Boss and teacher) – a man with outstanding visions and missions.
I love you all, Pray for you all and THANK YOU all. Your blessings are my Energy which boosts me to fly more and empower me to proceed.  

I cherished by an article in The Hindu, which clearly define a good teacher and his role. It seems like an advice to modern teachers. “Teachers cannot enjoy unending rapport with their students just by teaching the subject given to them alone. They should also instill morals and discipline in the minds of students to help them lead a successful and happy life later. Classic examples of teachers of precepts and preachers of morals are King Solomon and the Buddha. Nowadays teachers prepare the students for the exams no doubt; but it is doubtful if they prepare them for their life too. Incidentally, there used to be one full period allotted for ‘Moral Instructions' in all schools those days. Now it has been conveniently removed for reasons not known”.

 


Friday, September 2, 2011

Think Again: Nonviolent Resistance

Resisting the temptation to take up arms against a dictator isn't just the moral thing to do -- it's also the most effective way to win.

BY ERICA CHENOWETH | AUGUST 24, 2011, FP



"Nonviolent Resistance Is Admirable but Ineffective." 
 
Hardly. In the current geopolitical moment, it may seem hard to argue that a nonviolent uprising is a better tool for uprooting a dictator than the violent kind. Armed rebels, backed by NATO air power, are on the verge of ending four decades of despotic rule by Muammar al-Qaddafi in Libya. Meanwhile to the east, Syria's Bashar al-Assad has killed with impunity more than 2,200 members of a mostly nonviolent resistance to his family's long-lived rule.
Arguing in favor of the Syrians' tactics, and against the Libyans', would seem counterintuitive -- but for the evidence. The truth is that, from 1900 to 2006, major nonviolent resistance campaigns seeking to overthrow dictatorships, throw out foreign occupations, or achieve self-determination were more than twice as successful as violent insurgencies seeking the same goals. The recent past alone suggests as much; even before the Arab Spring, nonviolent campaigns in Serbia (2000), Madagascar (2002), Ukraine (2004), Lebanon (2005), and Nepal (2006) succeeded in ousting regimes from power.
The reason for this is that nonviolent campaigns typically appeal to a much broader and diverse constituency than violent insurgencies. For one thing, the bar to action is lower: Potential recruits to the resistance need to overcome fear, but not their moral qualms about using violence against others. Civil resistance offers a variety of lower-risk tactics -- stay-aways (where people vacate typically populated areas), boycotts, and go-slows (where people move at half-pace at work and in the streets) -- that encourage people to participate without making enormous personal sacrifices. This year's peaceful uprising in Egypt saw the mobilization of men, women, children, the elderly, students, laborers, Islamists, Christians, rich, and poor -- a level of participation that none of Egypt's armed militant organizations in recent memory could claim. 
 Not at all. When people hear the word "nonviolent," they often think of "peaceful" or "passive" resistance. For some, the word brings to mind pacifist groups or individuals, like Buddhist monks in Burma, who may prefer death to using violence to defend themselves against injustice. As such, they conflate "nonviolent" or "civil resistance" with the doctrine of "nonviolence" or "pacifism," which is a philosophical position that rejects the use of violence on moral grounds. But in civil resistance campaigns like those occurring in the Arab Spring, very few participants are pacifists. Rather, they are ordinary civilians confronting intolerable circumstances by refusing to obey -- a method available to anyone, pacifist or not. Even Mahatma Gandhi, the iconic pacifist, was a highly strategic thinker, recognizing that nonviolence would work not because it seized the moral high ground, but because massive noncooperation would ultimately make the British quit India: "We should meet abuse by forbearance," he said. "Human nature is so constituted that if we take absolutely no notice of anger or abuse, the person indulging in it will soon weary of it and stop." 
Wrong. Nonviolent movements have emerged and succeeded all over the world. In fact, the Middle East -- routinely written off by people elsewhere as a hopeless cauldron of violence -- can boast some of the biggest successes, even before the Arab Spring. The Iranian Revolution that took down Shah Mohammed Reza Pahlavi's dictatorial regime and brought Ayatollah Ruhollah Khomeini to power was a nonviolent mass movement involving more than 2 million members of Iranian society (though also a useful reminder that nonviolent uprisings, like the violent kind, don't always produce the results one might hope for). Palestinians have made the most progress toward self-determination and lasting peace with Israel when they have relied on mass nonviolent civil disobedience, as they did in the demonstrations, strikes, boycotts, and protests that dominated the First Intifada from 1987 to 1992 -- a campaign that forced Israel to hold talks with Palestinian leaders that led to the Oslo Accords, and convinced much of the world that Palestinians had the right to self-rule.
In the Americas, Venezuela, Chile, Argentina, and Brazil have all experienced nonviolent uprisings, ousting military juntas and at times replacing them with democratically elected leaders. South Africa's nonviolent anti-apartheid campaign fundamentally altered the political, social, and economic landscape there, while the African National Congress's forays into revolutionary violence yielded little. Europe, of course, can claim some of the most iconic examples: the 1989 Eastern European revolutions, for instance, and the Danish resistance to the Nazi occupation during World War II. And in Asia, successful nonviolent resistance has succeeded in casting off oppressive regimes in places as diverse as India, the Maldives, Thailand, Nepal, and Pakistan. 
Not always. The moral high ground is necessary, but hardly sufficient. Campaigns need to be extremely disruptive -- and strategically so -- to coerce entrenched dictators to abandon their posts. Nonviolent resistance does not necessarily succeed because the movement convinces or converts the opponent. It succeeds when the regime's major sources of power -- such as civilian bureaucrats, economic elites, and above all the security forces -- stop obeying regime orders. The literary scholar Robert Inchausti put it well when he said, "Nonviolence is a wager -- not so much on the goodness of humanity, as on its infinite complexity." As in war, the key for a nonviolent campaign is to find and exploit the opponent's weaknesses.
Take the recent uprising in Egypt. In the first days of the uprising, military and security forces cracked down heavily on protests. But the demonstrators were prepared: Activists -- influenced by recent nonviolent revolutions elsewhere -- circulated instructions to protesters detailing how to respond to the crackdown and began placing women, children, and the elderly on the front lines against the security forces. The handouts encouraged protesters to welcome the soldiers into the ranks of the movement and strongly forbade any violence against them. Movement leaders also made sure that repressive acts against peaceful protesters were caught on video and publicized.
Ultimately, the Egyptian Army refused orders to suppress the campaign -- and Hosni Mubarak's regime lost one of its key centers of power. Here again is an advantage that nonviolent groups have over armed guerrillas: Loyalty shifts among the security forces are difficult for small, clandestine, violent groups to achieve. Violent threats typically unite the security forces, who join together to defend against them (which is precisely why the Syrian regime insists it is fighting "armed groups" rather than unarmed civilians). 
Not true. Many nonviolent campaigns have succeeded against some of the bloodiest regimes on Earth, at the height of their power. In fact, a vast majority of the major nonviolent campaigns in the 20th century were facing down regimes such as Gen. Muhammad Zia ul-Haq's in Pakistan, Slobodan Milosevic's in Serbia, Augusto Pinochet's in Chile, Suharto's in Indonesia, and various imperial rulers who were clearly invested in maintaining power over their colonies. During the famed Rosenstrasse incident in Berlin in 1943, for example, even the Nazis showed their vulnerability to nonviolent protests, when German women organized protests and faced down SS machine guns to demand the release of their Jewish husbands -- a small victory against one of history's most genocidal regimes, and an unthinkable one had the protesters taken up arms.
In fact, almost all major nonviolent campaigns of the 20th and early 21st centuries have faced massive and violent repression. In Pinochet's Chile, for instance, the regime often used torture and disappearances to terrorize political opposition. In such circumstances, engaging in visible mass protest would have been highly risky for those opposing the government. So in 1983, civilians began to signal their discontent by coordinating the banging of pots and pans -- a simple act that demonstrated the widespread support for the civilians' demands and showed that Pinochet would not be able to suppress the movement with the tools at his disposal. People also walked through the streets singing songs about Pinochet's impending demise -- a practice that so irked the general that he banned singing. But such desperate measures demonstrated his weakness, not his strength. Ultimately, Pinochet caved and agreed to hold a 1988 referendum on the question of whether he would serve an additional eight years as president. Opposition leaders took the opportunity to organize nonviolent direct actions that focused on coordinating "no" votes, obtaining an independently verifiable vote count, and holding Pinochet accountable to the results. When it was clear that Pinochet had lost, the military ultimately sided with the Chilean people, and Pinochet stepped aside.

Not true. The current civil conflict in Libya, it's easy to forget now, began with nonviolent protests in Benghazi around Feb. 15. The demonstrations were summarily crushed, and by Feb. 19, oppositionists had responded by taking up arms, killing or capturing hundreds of Qaddafi's mercenaries and regime loyalists. In his infamous Feb. 22 speech, Qaddafi said, "Peaceful protest is one thing, but armed rebellion is another," and threatened to go "house by house" in search of the rebel "rats." Few civilians would be willing to participate in unarmed resistance after such threats, and what had begun as a peaceful movement unequivocally became an exclusively violent rebellion. It appears now to have been a success, but one that came at an enormous cost: Although an accurate death toll for the conflict is thus far impossible to come by, some counts midway through the war put the casualties as high as 13,000 deaths.
Could it have been otherwise? Hindsight is 20/20, of course, but if Libya's activists had a chance to evaluate their experience, they may have recognized a few mistakes. First, the movement appeared to have been fairly spontaneous, unlike the well-planned, highly coordinated campaign in Egypt. Second, the nonviolent movement may have focused too much on a single tactic -- protests -- to pursue its aims. When movements rely exclusively on rallies or protests, they become extremely predictable: sitting ducks for regime repression. Successful movements will combine protests and demonstrations with well-timed strikes, boycotts, go-slows, stay-aways, and other actions that force the regime to disperse its repression in unsustainable ways. For example, during the Iranian Revolution, oil workers went on strike, threatening to cripple the Iranian economy. The shah's security forces went to the oil workers' homes and dragged them back to the refineries -- at which point the workers worked at half-pace before staging another walkout. This level of repression required to force the masses to work against their will is untenable because it requires a massive coordination of regime resources and effort.
In fact, what we know from previous cases, such as Iran, is that the kind of violent reprisal Qaddafi used against the nonviolent uprising at the outset is often unsustainable against coordinated nonviolent movements over time. Moreover, the rebels' nearly immediate turn to violent resistance evoked the strongest reaction from Qaddafi, and it immediately excluded large numbers of people who might have been willing to regroup and brave the streets against Qaddafi but who had no interest in joining what was sure to become a nasty fight. Before NATO lent its support, the largest gains the Libyan opposition made were during the nonviolent phase of the uprising, which involved massive protests that shut down the country, elicited numerous defections from key regime functionaries, and even led to the taking of Benghazi without significant bloodshed. But once the rebels reacted to Qaddafi's repression by taking up arms, they required NATO intervention to stand a chance.
Or consider Syria, where the decision to use violence or not is similarly wrenching. In August, following months of peaceful mass protests, Assad ordered a full-scale military bombardment of Hama, a largely Sunni city known for an armed Islamist uprising that was even more brutally crushed in the 1980s, and other opposition strongholds across the country. Time to grab your gun, right?
Even in such cases, nonviolent movements have choices. They could respond to regime violence by switching tactics. In fact, Syrian activists have been doing this well, avoiding regime repression by using flash mobs and nighttime protests, which are more difficult to repress. Daytime protests are now well-planned, with multiple escape routes and mirrors to blind snipers trying to shoot protesters. Syrian activists have also so far largely avoided the temptation to respond to regime provocations with violence -- a critical decision, not only because taking up arms may undermine their domestic bases of participation and support, but also because it makes security forces more likely to obey orders to repress the movement. Because the regime has expelled journalists and cut off electricity in cities under siege, Syrian activists charge their laptops using car batteries and make fake IDs to get close to security forces so they can document human rights abuses and share them online. The continued mobilization resulting from these acts may help the opposition forge indispensable links with regime elites.
Nonviolent resistance is, in effect, a form of asymmetric warfare. Dictators predictably rely on their perceived advantages in brute force to defeat challengers. It's best to fight the enemy where you have an advantage -- in this case, people power, unpredictability, adaptability, and creativity -- rather than where he does. 
Not necessarily. There is a strong empirical association between nonviolent campaigns and subsequent democratization, which shouldn't be terribly surprising: Higher levels of political participation and civil society -- factors that make a nonviolent uprising more likely to take root -- tend to lead to higher levels of democracy. But there are important exceptions. The Iranian Revolution -- one of the world's largest and most participatory nonviolent uprisings -- eventually ushered in a theocratic and repressive regime. The Philippines has endured several major nonviolent revolutions and continues to struggle with democratic consolidation and corruption. The largely successful Orange Revolution in Ukraine seemingly heralded a new era of political liberalization, but recent setbacks suggest the country is reversing course.
But none of these outcomes would likely have improved if the revolutions had been violent. In fact, in most countries where violent revolution has succeeded, the new regimes have been at least as brutal as their predecessors -- as anyone who has lived in the aftermath of the Russian Revolution, the French Revolution, the Afghan civil war, or the Cuban Revolution could tell you. As Nobel laureate Aung San Suu Kyi, the leader of the Burmese pro-democracy movement, put it, "It is never easy to convince those who have acquired power forcibly of the wis­dom of peaceful change."
The bottom line is that while nonviolent resistance doesn't guarantee democracy, it does at least more or less guarantee the lesser of the various potential evils. The nature of the struggle can often give us a good idea of what the country will be like after the new regime takes shape. And few people want to live in a country where power is seized and maintained by force alone.





Thursday, September 1, 2011

Bhattarai new Nepal Prime Minister

Bhattarai new Nepal Prime Minister


Nepal's legislature-parliament elected Baburam Bhattarai, Vice-Chairman of the Unified Communist Party of Nepal (Maoist), new Prime Minister. The Maoists were supported by the United Democratic Madhesi Front (UDMF), an alliance of five Madhesi parties.
The other candidate, Nepali Congress Parliamentary Party leader Ram Chandra Poudel, got 235 votes. The NC was supported by the Communist Party of Nepal (Unified Marxist Leninist).

Aagni II

India's intermediate range ballistic missile, Agni-II, launched from Wheeler Island, off Dhamra village on the Orissa coast, August 29, 2011. The two-stage missile can carry a nuclear warhead weighing one tonne. The missile has been designed and developed by the Advanced Systems Laboratory at Hyderabad, an important missile complex, coming under the Defence Research and Development Organisation (DRDO).It is a two-stage missile, with both the stages powered by solid propellants; it can be transported on rail tracks; it is 20 metres long, weighs 17 tonnes and can target places 2,500 km away.

Most powerful missile

The DRDO is aiming to launch its most powerful missile, Agni-V, in December 2011. It will be the maiden launch of the missile which has three stages. All of them use solid propellants as fuel. The missile will carry a nuclear warhead and it can target places more than 5,000 km away.

The DRDO has already successfully tested the engines of the three stages on the ground.

Lokpal legislation and statutory procedures


Era Sezhiyan (The Hindu Paper » NATIONAL August 28, 2011 )

A resolution passed in Parliament may have limitations when it comes to implementation

In the context of the ongoing moves on the Lokpal Bill issue, it has to be noted that a resolution of either House of Parliament, even when it is passed by a division, has limitations with regard to implementation by government.

There are three types of resolutions: one is the kind that, when passed, the government will have to implement statutorily; the second type can control the procedure of the House; the third type may be an expression of the opinion of the House.

For instance, when a Bill on appropriation of grants is passed by the Lok Sabha and considered by the Rajya Sabha, it gives statutory authority to the government to withdraw amounts from the Consolidated Fund to meet the specific purpose for which Parliament makes the grant.

Article 123 of the Constitution provides that if both Houses pass a resolution disapproving an Ordinance promulgated by the President, it shall be mandatory to cease to operate it. Under Article 356, the Proclamation of President's Rule issued for a State should be approved by Parliament through a resolution; otherwise it will cease to operate. Resolutions moved by private members are generally meant to express an opinion; even if passed it is not mandatory that the government implements it.

About the impact of a resolution passed by the UK Parliament, Erskine May states: “Every question, when agreed to, assumes the form of either an order or a resolution of the House… By its resolution, the House declares its own opinions and purposes.”

In Law of the Constitution , Dicey says: “On this basis, the resolutions of a House may be divided into the following three categories: (1) Resolutions which have statutory effect, (2) Resolutions which the House passes to control its own proceedings and (3) Resolutions which are mere expressions of opinion by the House.”

Rule 171 of Lok Sabha: A resolution may be in the form of a declaration of opinion, or a recommendation; or may be in the form so as to record either approval or disapproval by the House of an act or policy of government, or convey a message; or commend, urge or request an action; or call attention to a matter or situation for consideration by government; or in such other form as the Speaker may consider appropriate.

Practice and Procedure of Parliament by Kaul & Shakdher states: “Resolutions may be broadly divided into three categories:

“Resolutions which are mere expression of opinion of the House: Since the purpose of such a resolution is merely to obtain an expression of opinion of the House, the Government is not bound, as convention has it, to give effect to opinions expressed in these resolutions. It entirely rests on the discretion of the Government whether or not to take action suggested in such resolutions.

“Resolutions which have statutory effect: The notice of a statutory resolution is given in pursuance of a provision in the Constitution or an act of Parliament. Such a resolution, if adopted, is binding on the Government and has the force of law.

“Resolutions which the House passes in the matter of control over its own procedure: The House by such a resolution evolves sometimes its own procedure to meet a situation not specifically provided for its Rules. It has the force of law, but its validity cannot be questioned in a court of law.”

In Parliament , Ivor Jennings writes: “Private Members' Motions then are part of the technique of propaganda. They enable the opinion of the House to be taken. The ‘opinion' need not be representative for the attendance may be small.”

On August 10, 1978, N.K.P. Salve moved a motion in the Rajya Sabha for the appointment of two Commissions of Inquiry to look into corruption charges against the family members of the Prime Minister and the former Home Minister. This writer opposed it, for under the Commissions of Inquiry Act a motion passed by the Lok Sabha has statutory effect, and the government has to implement it. A motion passed in the Rajya Sabha was only a recommendation to be considered by the government at its discretion. However, the Rajya Sabha adopted the motion 104 to 78.

Over the next few days, the Opposition demanded the early appointment of a House committee or the Commissions of Inquiry. The Rajya Sabha Chairman asked this writer for a note, which was submitted on August 12. On August 17, Chairman B.D. Jatti gave his ruling: “Two courses, therefore, seem to be open to the government, namely, either they should seek the guidance and advice from a committee of the members of Rajya Sabha, or forthwith appoint two separate Commissions of Inquiry. I am of the opinion that in terms of the Motion, the question of appointment of a Committee by me would depend on the indication from the Government as to which one of the two alternatives in the Motion is acceptable to the government.”

L.K. Advani, the Leader of the Rajya Sabha, accepted the ruling and promised that the government would carefully consider the recommendations of the motion. There the matter ended.

Regarding a statute for the establishment of the Lokpal, the government prepared on August 4, 2011 ‘The Lok Pal Bill, 2011' according to the Rules of Procedure and practices, and along with the President's Recommendation under Article 117(1) and (3). This Bill was referred to the Parliamentary Standing Committee on August 8; it was required to send its report in three months. The committee advertised on August 20 inviting views/suggestions within 15 days. These have to be sent by September 4, and the committee may examine them and submit a report by November 3.

However, the agitation by Anna Hazare and the civil society team has created an urgent and critical situation. It may not be possible for the government to send on the Jan Lokpal bill or the bills propounded by others. Unless the government has made clear and satisfactory decisions on the points raised by the civil society team, the situation could go out of control.

Of the 10 Lokpal Bills introduced so far at the Centre, five were by Congress governments and the rest by non-Congress governments. The major difference among them was the exclusion of the Prime Minister by the former and the inclusion by the latter in the ambit of the Lokpal Bill. But none of them demands a constitutional amendment for the establishment of a Lokpal. A constitution amendment may require still more time; the legislatures of not less than half the States would have to ratify it, as required under the Article 368(2). This will take months.

Karnataka example

If there is a will, there is a way to enact an effective Lokpal Act even under the statutory procedures available. The Karnataka Lokayukta Act of 1985 enacted by the Ramakrishna Hegde government provided for a Lokayukta to investigate and report on allegations or grievances relating to the conduct of public servants including the Chief Minister; Ministers and members of the legislature; all officers of the State government; chairman, vice-chairman of local authorities, statutory bodies or corporations established by or under any law of the State legislature, including cooperative societies, persons in the service of local authorities, corporations owned or controlled by the State government, a company in which not less than 50 per cent of the shares are held by the State government, societies registered under the State Registration Act, cooperative societies and universities established by or under any law of the legislature.

Where, after investigation into a complaint, the Lokayukta considers that the allegation against a public servant is prima facie true and makes a declaration to that effect, and the declaration is accepted by the competent authority, the public servant concerned, if he is a Chief Minister or a Minister or a member of State legislature, shall resign his office. If he is any other non-official, he shall be deemed to have vacated his office, and, if an official, shall be deemed to be under suspension, from the date of acceptance of the declaration.

If, after investigation, the Lokayukta is satisfied that the public servant has committed a criminal offence, he may initiate prosecution without reference to any other authority. Any prior sanction required under any law shall be deemed to have been granted.

Any effective government in a functioning democracy worth its name should anticipate a problem before it becomes a crisis and solve a crisis before it lands the government and the country in a catastrophe.

(The author is an eminent parliamentarian.)