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Tuesday, June 30, 2009

Liberhan panel report has lost relevance

By M. Gautham Machaiah
Bangalore

The Liberhan commission, appointed in 1992 to probe the demolition of Babri Masjid has finally submitted its report to the Prime Minister, after over 16 years.

At the time of its appointment, the commission was given a time frame of three months to submit the report. Little did any one imagine that it would seek one extension after another, 48 to be precise, and drag the inquiry for 16 long years.

Whatever the justification of the commission for this undue delay, the end result is that the report has lost its relevance and will serve no purpose, except to stoke old flames. At best, it can be a stick in the hands of the Congress to attack the Sangh Parivar.

The term of the Liberhan commission is the longest in the history of India. But there is hardly any other judicial commission in the country which has submitted its report within the stipulated time. It has become a norm for commissions to seek innumerable extensions, and by the time they submit their report the very reason for which they were set up becomes irrelevant.

Union Law Minister Veerappa Moily who has promised a plethora of sweeping changes in the first 100 days in office, should immediately focus his attention of the Commissions of Inquiry Act, 1952, under which judicial commissions are appointed.

Today, a judicial commission is seen as a handy tool for politicians to brush contentious issues under the carpet. The reports of these commissions are not worth the paper on which they are printed because they are not binding on the government, which can summarily reject unpalatable findings. Besides, judicial commissions have no power to punish the guilty.

From the point of view of judges, a judicial commission is seen as an avenue for permanent appointment. It is said soldiers never die, they just fade away. But in the case of judges, they never retire, they always get appointed to a commission.

(Pictute sourced from: www.judiciaryreport.com)

COMMENTS

(This article was also posted on MSN. Some of the responses received are reproduced below)

I wonder what would have happened if the retired judge had died in harness. As for the findings, may be there will be a serious public debate. It should be, so that young people can refocus on what is happening to their democracy which is being hijacked by old hooligans.
-Kulamarva Balakrishna, Vienna

The report has outlived its utility. There is no issue now for the BJP or the secularists. The report could spell bad news for the Congress as it may bring back Kalyan Singh and Uma Bharati back to the BJP fold.
-Sanjay, New Delhi

I agree with what you have written. In India, no heavy weight politician has ever been convicted even if he has violating the law of the land. The worst part is that after the Liberhan commission report was presented to the Prime Minister, Uma Bharti was quick to own responsibility to brighten her lost political career. Such political terrorism is common in India. We have commissions, more commissions and yet more commissions and no one is hurt except the reputation of the commission itself.
-Hamzah, Kashmir

The Liberhan Commission could not have gone on for another five years; its report had to come and eventually buried in the pages of history as with all such judicial commission reports. The Congress thought this to be the best time to do it. More than the Congress, it is the BJP which would have drawn more electoral advantage if it were to come say six months ago.

Even now, if the Congress government acts against the BJP leaders, it will revive all past memories and create a communal divide. The issue of Ram Mandir may have got buried under the present day issues of downturn in the economy, job losses, rise in food prices etc., but that issue will remain most emotive to millions of Hindus who believe this to be the birth place of Lord Ram where a mosque was constructed by the invaders, like it was done at the birth place of Lord Krishna in Mathura.

Any spark will ignite flames again. It will be good for the UPA government to quickly get over the formalities of putting this report where it belongs and not to attempt to use it for electoral advantages now or any time in the future. It will only be a loser in the game.
-H.P. Narang, New Delhi

Inquiry Commissions serve as safety valves for every government to diffuse the immediate crisis. No action follows in the aftermath of these inquiries. The members of these commissions enjoy unlimited favours for doing little or nothing. The Commissions of Inquiry Act, 1952, is unnecessary as these inquiries should be undertaken by agencies which should be independent of any government. These agencies should be empowered with all judicial levers. The Act should be scrapped.
-Naim Naqvi, Amroha

There should be a relevant debate on a seemingly irrelevant report.
-Dr. A.K Tewari, Allahabad

It is high time that we put communal agents like LK Advani, Uma Bharati, Kalyan Singh, Manmohan Joshi, Narendra Modi in the jail forever till they die. Organisations like the Bajrang Dal, Viswa Hindu Parshad. Indian Muslim League and several other communal organisations should be banned and their leaders should be put in jail. Nobody should be allowed to collect votes in the name of religion which has been misused by our political leaders. Varun Gandhi and Maneka Gandhi should be expelled from the Lok Sabha for inciting communal passions.
-Feroze Katrak, Mumbai

Monday, June 08, 2009

Is the post of deputy PM/ CM legal?

M. Gautham Machaiah

Are the posts of Deputy Prime Minister and Deputy Chief Minister legal or are they unconstitutional?

The trend of having a deputy is not new. Sardar Vallab Bhai Patel was the first to hold the post of DPM (1947-50), the latest being BJP’s L.K. Advani (2002-2004). Over the years, this has cascaded to the States, the most recent instance being that of M.K. Stalin in Tamil Nadu.

But not many seem to be aware that the Constitution of India does not provide for a DPM or DCM.

Article 75 (1) reads: “The Prime Minister shall be appointed by the President and the other Ministers shall be appointed by the President on the advice of the Prime Minister.”

Similarly, with regard to the States, Article 164 (1) lays down: “The Chief Minister shall be appointed by the Governor and the other Ministers shall be appointed by the Governor on the advice of the Chief Minister, and the Ministers shall hold office during the pleasure of the Governor.”

Clearly, there is no provision in the Constitution for a deputy. However, there have been umpteen instances where the President of the Governor issues a notification appointing an individual as the DPM or DCM. There have also been several cases where individuals have been administered the oath of office as Deputy Chief Minister.

Is it legal to make an appointment to a post which is not sanctioned by the Constitution? Can the oath of office be administered when the post itself does not exist?

Present day political expediency and coalition politics may have made these posts a necessity, but should not the Constitution be amended accordingly so that there is some legitimacy to such high offices?

(Picture sourced from www.loc.gov)

COMMENTS

(This article was also posted on MSN. Some of the responses received are reproduced below)

The Constitution makes a mention of Prime Minister and Ministers / Chief Minister and Ministers. It can be taken that DPM and DCM are included in the "Ministers" category. There is nothing unconstitutional or illegal about it.
-Murali, Bangalore

No, there is no constitutional provision for the same
-Godfrey Pimenta, Mumbai

It is alright if deputies are appointed. In fact, it gives the person concerned some experience to occupy the No.1 position. Also, it may help in a crisis situation when the No.1 is not available due some reason.
-Dayanand Patil, Navi Mumbai

An additional chief executive means extra burden on the Indian public to feed these highly paid bosses. These politicians are very smart. They create one post after another to gain more salary and incentives at the cost of the poor Indians.
-Alex, Kuwait

Wonderful query. But everything need not be amended in the Constitution. It is already bulky. Let us start some healthy precedence. Are not companies having many high level posts like deputy, associate, joint, etc? Executives should be left free like in the US, but of course within the basic structure of Constitution.
-C Seshu, Hyderabad

It is alright if a bachelor like Vajpayee has a Deputy.Prime Minister, but why should Karunanidhi have one when he already has three deputy wives? Jokes apart, having deputies is not a healthy sign, leave alone constitutional validity.
-Dayanand P, Chennai

Monday, June 01, 2009

Karnataka CM dumps politics for development

M. Gautham Machaiah

When it comes to development, keep politics aside. That is the message Karnataka’s BJP Chief Minister B.S. Yeddyurappa seems to be sending out loud and clear.

In what may be described as an extremely gracious move, the Chief Minister personally visited the houses of the Union Ministers from Karnataka and felicitated them, unmindful of the fact that they belonged to the rival Congress.

Karnataka politicians have always complained about the State receiving a raw deal from the Centre, be it the Cauvery water dispute or developmental work. Unlike neighbouring Tamil Nadu, Karnataka has consistently failed to utilise the services of its MPs and Union Ministers to lobby with the Centre. Political one-upmanship has always taken precedence over the interests of the State.

By extending a hand of friendship, Yeddyurappa has sent a strong signal that there is no longer any room for petty politics. One hopes that the Union Ministers too reciprocate his gesture.

(Picture sourced from: bjpkarnataka.org/.../?album=KarnatakaMinisters)

COMMENTS

(This article was also posted on MSN. Some of the responses received are reproduced below)

Good move, Mr Yeddyurappa. We hope the Union Ministers deliver the goods and work towards development.
-Subramanyam K.V., Hyderabad

I hope these politicians will keep politics away and concentrate on development and infrastructure till next elections.
-Uday, Bangalore

It is Bangarappa who brought Bangalore, Mangalore and Karnataka on the path of development. Karnataka takes advantage of the fact that it is centrally located in South India. I for one had the best pleasure and memorable trip to Bangalore, Ootacamund and Kodaikanal before I boarded the flight back to Mumbai from Coimbatore, in 1987. Bangalore is second to Mumbai in the pace of infrastructure development in the country.
The writer welcomes comments and views of readers at prashant.pscl07@gmail.com
-C.A. Prashant Chavan, Mumbai

Gautham, I totally agree with you. These days it appears the Chief Minister is concentrating on development. Let Yeddyurappa follow in the footsteps of Narendra Modi.
-Shankar, Bhadravathi

Kannadigas have high hopes on the Chief Minister. We Kannadigas expect a lot from him and hope that he excels in all sectors, especially agriculture.
-Vijayalakshmi, New Delhi

The MPs from Karnataka should set a good example by persistently lobbying with the central ministries to get all the help so that the IT Capital of India will become a "Jewel in the crown". In this regard, the Chief Minister, has taken the right step in calling upon the Congress ministers and MPs from Karnataka.
After all, improving the infrastructure and other facilities in the State is a collective effort. As for Tamil Nadu MPs (especially DMK) they have shamelessly arm twisted the Centre to get all the facilities. The DMK ministers have set a bad example by being highly corrupt, inefficient and controversial.
Karnataka MPs and ministers should set a good example by safe guarding the interests of the State by being efficient and enterprising in their work. The Union Ministers should be impartial in extending facilities to all the States of the Indian Union.
-S. Ravindran, Mysore

It a good move by Yeddyurappa. Karnataka MPs should work for development of only Karnataka, not Tamil Nadu..
-Gireesh, Hyderbad

I wonder if this is the reason for the powerful ministers and legislators trying to revolt against the Chief Minister. If so, God save the party!
-Rao, Bangalore

This is a very good move by the Chief Minister. We hope the Congress Ministers in the Centre will agree and work for the development of Karnataka. We have a good Chief Minister in the State and experienced Ministers at the Centre. Please work together for Karnataka's development
-Vijaykumar Gotakhindi, Bangalore

I am sure if BJP continues to be in power, Yeddyurappa will make a difference to the State. He will develop Karnataka as one of the most modern States and help people living below the poverty line.
-KH Shettigar, Bangalore


.Gautham has rightly pointed out that Yeddyurappa has kept politics aside for the sake of Karnataka. Other BJP members should follow suit instead of attacking the Chief Minister for the entry of his son into politics. Why is nobody raising an issue about the kith and kin of Congress leaders contesting elections?
Union Ministers from Karnataka should also forget their political affiliations and work for the development of the State.
-Sukanta, Bangalore

Yes, a good beginning. I request the Chief Minister to urge all MPs and MLAs to start educational institutions right from school to college level in their constituencies. This should include polytechnics, science, arts, engineering and agriculture institutes, so that our State becomes the hub of educational activities. Free education should be provided up to the degree level for the benefit of the poor.
-S. R. Shetty, Mumbai

It is too early to comment on this issue. It is only one year since this government came to power. I believe we should wait patiently. Let us hope this government considers aam aadmi over politics.
-Sahil, Bangalore


Good move by Yeddyurappa.
Ven, Delhi