Desalinating sea-water: A big bang reform for economic revival

The health-crisis occasioned nation-wide lockdown is yet to be lifted. However, one need not be a rocket-scientist to decipher that the Indian economy is in shambles and economic outlook for the entire financial year has already received a battering. The silver lining is that the event has shaken up fixated notions to an extent that nothing seems impossible. Translated in economic terms, the projects which earlier appeared impractical, in a role-reversal, can become the order of the day, especially bold and gigantic economic projects. This article implores on one such ultra-mega project which is capable of pioneering economic activity across a variety of sectors and simultaneously generating massive employment opportunities, equally for the white-collar and the blue-collar. Desalinate sea-water and supply it to the hinterlands. Neither from the look or sound of it this project appears to quench the quest for such big-bang reform. However, as is demonstrated here, the time for ripe for its implementation. 

There are international examples where huge regions survive solely on desalinated sea-water. In fact, countries like Kuwait, Israel, almost exclusively source potable water from the desalination process. The proliferation of this technology is also rampant across large regions, such as and Singapore, California, Perth, etc. A 2015 paper published in the MIT Technology Review made a compelling case to highlight that seawater desalination is perhaps the only futuristic response to the growing demand for potable water. Massive investment and economic costs are cited to reject forward movement in this direction. However, those very reasons which earlier worked for repelling the proposal, now make it an irresistible choice. 

It is a known fact that desalinating sea water to make it potable is an expensive proposition. This is exactly why this idea is worth doing in today’s economic paradigm as it, let’s call it the desalination project, shall entail huge investments by the Government in diverse sectors. Firstly, in solar energy front, by establishing floating solar panels across vast stretches of oceans to energise the desalination process. This will also mean consistent demand for electricity, and thus translate into economies-of-scale for this struggling industry. Secondly, massive demand build-up for cement, iron and steel and other infrastructure goods, needed for laying down huge pipelines across State frontiers for transporting treated sea-water. Such pipelines already exist for oil and natural gas, and thus there are precedents. Thirdly, linking the desalination project with the ongoing inter-linking of rivers will spur the demand across other related sectors. The scope of inter-linking process can be expanded by including within its ambit dredging of dried up distributaries, desilting the existing water-channels and provisioning smaller canals to ensure that the desalinated water reaches every local area.

The desalination project has massive potential to further integrate the topographical spread and reduce regional inequities. For example, treated water from the coast of Gujarat can be brought to drier States, such as Rajasthan, Haryana, Delhi and others in North India. Similarly treated water from West Bengal can be brought to parched areas in eastern states like Bihar, Jharkhand, etc. Desalinated water from Odisha would supplement the water requirement for MP and Jharkhand, etc. Furthermore, areas with acute water shortage within the coastal States, such as Maharashtra, Andhra, Karnataka, Tamil Nadu, etc. can be supplied water from the desalinated plant within their respective States. Calibrated through dedicated SPVs across different regions, working in tandem with municipalities and other local bodies, to finetune the supply network, an all-India level desalination project augers well with the flagship program of the Union Jal Shakti Ministry to provide clean drinking water till the last mile. 

Considering its sheer size, the desalination project will generate massive employment opportunities. Whether it be by collaborating in public-private partnership, or by the public health department in form of large-scale recruitment of engineers (across various streams), construction workers, besides wide-ranging allied occupation and fields, there will be an overwhelming demand for both skilled and unskilled manpower. 

A crucial challenge in the design would be ensuring that the desalination project is not rendered cyclic and instead operates perennially, across the year, though in suitable moderation tied up to the seasonal rains. One way to achieve this, which can also reduce the costs to some extent, is by feeding the seasonal rivers and canals with the pipelines, which will ultimately converge in the mainstream rivers. This will ensure that the traditional irrigation channels are not disturbed, while at the same time supplementing the water-flow in the rivers, thus addressing the vagaries of monsoon. At the cost of repetition, pursued alongside interlinking of rivers, the desalination project can be modelled in a fashion that dedicated water-hubs are created across the length and breadth of the country which will obviate water-related regional disparities.  

The desalination project is replete with positive after-effects. Perennial and assured water-supply will render moot the crop-failures linked to irrigation woes. In fact, this will permit multiple crop plantations across the year, thereby, also in a sense addressing the target of doubling farmer income. Arid regions and depleting green cover, would also be unwitting beneficiaries.  

Before embarking on such a project, however, it must be unfailing appreciated by the policy-makers that there cannot be any half-hearted attempts in such expeditions. At any rate massive projects like nation-wide desalination cannot be undertaken, not even in parts, by private players or even large corporations. This is so on account of huge investments which are required coupled with lack of immediate and attractive returns, which are necessary to excite private participation. This does not imply that the project should be entirely undertaken by the Government as part of its socio-welfare obligations. Instead, multiple avenues should be created to obtain benefit of private initiative and expertise by suitable revenue modelling of the various parts of the grand design. Nonetheless the Government will have to be the lead driver in this strive to push desalination. 

In the current economic paradigm, selection of alternatives towards economic revival must be made basis three crucial touchstone; (a) creating employment opportunities, (b) addressing inequities which have permeated this country; and (c) setting into motion a series of events which will have a domino effect so as to fast-track economic demand and supply. The simple yet massive desalination project is one such idea which not just overwhelms other alternatives on economic potential but is also a path-breaker in terms of socio-welfare programs. Once a dream, electrification of every village is already a reality. Successful implementation of desalination project translates into perpetual availability of clean drinking water for every household. Thus, in the short term the desalination project is an immediate boost to address the growing unemployment and arresting receding economic growth while in the long term, attaining another frontier on the welfare agenda. The existing MGNREGA schemes, CSR activities, NGO guidelines, etc. can be suitability tweaked so as to institute the desalination project within the national mainstream. For that matter, considering its wide-ranging benefits, this project can be modelled as a mission in itself with a catchy tune of Pradhan Mantri Samudra se Jal Yogna. It would perhaps also be an apt tribute to the Mahatma whose walk to desalination is a vivid national memory.

India ranked 115 in the Index of Economic Freedom !!!

Covering “162 countries across 10 specific freedoms such as trade freedom, business freedom, investment freedom, and property rights”, the Index of Economic Freedom from the Heritage Foundation ranks India at 115 on a list of the 162 countries surveyed. [click here for the full list] But then, does India really deserve to be this low? I can understand the argument that developed countries would surely be ranked above India but then when a whole lot of countries from amongst LDCs, Africa and Latin America are all ranked above India, which generates only an abysmal score of 54.2% in a list which is topped by Hong Kong with 90.3%, I really wonder that either there is a serious error in the calculation of these figures or that there is something really wrong with the way we act.

The ratings have been explained in the 422-page book titled similarly i.e. ‘2008 Index of Economic Freedom’ [click here to go to the downloading page for the full book] which seeks to not only illustrate the basis or rankings [for more, read the methodology adopted for the rankings] but also looks forward towards defining the future. Built in five plus one chapters namely; (1) Economic Fluidity: A Crucial Dimension of Economic Freedom; (2) Narrowing the Economic Gap in the 21st Century; (3) Globalization Is Making the World a Better Place; (4) Methodology: Measuring the 10 Economic Freedoms; (5) Economic Freedom in Five Regions; and (1) The Countries; the report in its last seeks to illustrate the views of its compilers in formulating the report and in the last accompanying chapter given an individually focused account of the reported countries. It is this last chapter that we are most interested in and particularly the view adopted in India, which has led to such a poor rating of 115.

In fact what struck me in sharp contrast to the optimism we breed in the country was the comment in the second paragraph itself was “India has no notably strong economic institutions, and the few areas that score better than the world average are limited government size, labor freedom, and property rights. Government expenditure is relatively low.”

The report summarizes the position of relative freedoms in India as under;

[click on the image to enlarge]

While the ‘freedom from corruption’ is understandably low, the low depth to which ‘financial freedom’ has been rated is really something which I really look with skepticism for the reason that has been assigned for the same is that “banks must lend to priority borrowers” and that “foreign ownership of banks and insurance companies is restricted”. Instead of being major influencers of financial freedom, I find the two reasons assigned as more of a western looking-down upon the way in which India has out-performed the major developed economies of the world given the fact (sic) that we have very restricted financial freedom. This really makes me wonder whether these reports are issued to encourage the countries to outperform each other by bringing positive changes in their system or to throw mud at ill-received countries. Just like saying on the face of it that we are ‘non-racists’ and ‘proud multicultural societies’ but then from inside really despising those not of the same colour or kind.

But digressions apart, I serious doubt the credibility of the rating especially in the light of more factors, few of them being our property rights, business freedom and trade freedom being assigned lower percentage points than labour freedom. Further, unlike the comment on the other countries, there is not a word of praise or appreciation of the country’s performance and all that is written is either negative or portrayed as being worst off in the world.

Nonetheless, as they say ‘when the sky falls, we shall catch lark’, similar is the rating which I would assign to this report. It is an exercise in retrospect and except for the other chapters of the book (some of which really look forward and relate the present to the future), I do not find any worthwhile use of the report either for potential investors or otherwise.

High time for BCCI to be nationalized

Perhaps the Zee Television tussle with BCCI did not raise enough furore for the latter to be considered an instrumentality of the State, but the recent tour of Australia by the Indian cricket team, I believe is reason sufficient enough to nationalize BCCI.

The present controversy in Australia as regards the level of fair-play being tendered to the Indian players on and off the field and giving them all reasons not to concentrate on their cricket is reason sufficient enough to hurt the self-respect of every Indian who takes pride in his country and follows cricket. But then the way BCCI has handled it, first suspending the tour and then calling on a decision allowing the tour to progress clearly shows how far financial interests dictate its decisions rather than national pride of the country of more than one billion. Had it been a nationally handled affair, I am of no doubt that the Indian team would have already landed back in India, cutting short of the Australians sledging attempt against them, for which I really admire to have perfected the art which they are rightly deserving, capable and worthy holders, as far as cricketing ties are concerned and no test playing nations can vouchsafe against the fact.

Day in and out we have articles and posts from all corners of India and at all random forums as possible, telling how far they have been hurt and taken aback by the way things are happening and the way the are being handled but then the Chief Executive (another Australian) lands a dictate that its not a win for India but of cricket that Harbhajan has been allowed to play pending the decision of his appeal. Forget the appeal I say, what happens to the lost test match. Is there any decision of replay? Why did the test match where Pakistan walked out of against England awarded to England at the decision of Hair (another Australian) and even when later Hair was found to be wrong, no attempt made to either consider the test canceled or look for a replay later on? Well, is it cricketing spirit we are talking of (which they say proudly is a Gentleman's game) or just in direct terms of the race of the players involved. Why does an Australian get away with calling a South African player a terrorist and he is not a racist and whereas if you fight back against the racist abuses coming to you, you are violating the spirit of the game?

Why does it start from one way and always end that way itself, why not equality. When every nationalist's pride is hurt and BCCI calls to suspend the tour because of reasons of their self-respect, why does another Australian have to say that BCCI is showing its financial might? Why does Ponting has to be jumping around Harbhajan when he gets out cheaply to him and instead Harbhajan scores more runs than him? I think the answer is obvious. They simply cant win the game fair and even. They tasted the Indian might on the last tour itself. But when it came to win, they adopted these unfair (in fact the usual) tactics of hitting all the ungentlemanly pitches.

But in the end, if we allow the tour to go, its like telling the world that we can take action but we don't because we play by the rules even when the other team hasn't even heard what rules mean. This is a serious lapse and blunder we will commit. Enough is enough. The matter is highly a matter of national pride and unless it is dealt by a national agency, I simply will lose faith in the integrity with which the team would play.The matters at this such a high international standing, and that too in a game which even the Supreme Court acknowledges is public interest in India, that its high time that BCCI is nationalized and tough decisions taken rather than matter looked only from a financial perspective. I hope the ears at the top are listening and take a time off to analyze the situation.

Pakistan: The world's most dangerous place ???

Pakistan: The world's most dangerous place? I was simply shocked to find this as the cover article of a reputed international magazine. I simply do not understand when will the International media refrain from politicizing issues and act unbiased in news reporting and spreading information. I have had arguments with many journalist already in the issue, who seem to be unfazed with the implications their reports carry and are simply blinded off by the political agenda they carry and then the might of 'rating systems'.

And now the Economist has done nothing but added fire to the already burning Pakistan. [click here to read the full article] Reporting that "it is not only that the country's lawless frontier lands provide a refuge for al-Qaeda and Osama bin Laden, and that its jihad academies train suicide-bombers with global reach", this international magazine has done nothing more but given another reason to the international community to interfere in the running of the country and who knows, make another Iraq.

Already the world is grappling with fact of various Central Asian countries moving away towards instability and then democracy being unsuccessfully imposed upon them, with the failed examples of Iraq and Afghanistan putting huge question marks on the credibility of the exercise being undertaken at the UN headquarters. After all what do the people on the hot seat thing they can achieve by removing the people governing their people and imposing a puppet government on the masses? Nothing can be achieved by making the people feel that they are not competent enough to manage themselves and make them realize through external supervision of their activities. The colonial era, the revolutions and their aftermath are only indicators of this potent problem, which the leaders of today failing to recognize the implications involved will again poke their noses in these intricate issues.

Why has Britain not remained not so politically important centre today than it was once? Because it embarked too much on external affairs management than giving priority to making its own place a better place to live on. Why is US more concerned about WMD than its own economy? Why is China exporting almost of the production that it achieves? All because external returns are more lucrative and more glory for the leaders who chase those futile dreams. But the fact remains that more you poke your nose in another man's affairs, the more are the chances of having a sore face. History is replete with illustrations to it and I don't want to do the honour of pointing it out to those ill-understood folks.

And then the final nail is cast in the coffin with the press gets involved. Though its objective should be public-opinion-generating, it is more inclined now to public-opinion-swaying. Filling the news pieces with not just sensitive information, which they should actually do, but instead superimposing their their own political ideologies and agenda and portraying the end of the world if some action is not taken. No wonder all these magazines and journals are viewed as being right or left winged and their content taken care of accordingly.

I would have loved the press coming out with the solutions they think would be wise for a politically instable nations as Pakistan is now and keep the general public informed about the options open to them, both in the country as well as internationally, such as positive action could be taken upon them. But what do we see, infinite conjunctures and surmises over the future of a doomed nation, as the news piece portrays it.

A dollar at 35 Rupees !!!

"The rupee is testing 38, we are playing in the 38-40 band. It has so far been a two-rupee band and the rupee could come to 35 vis a vis the dollar in some years," says K V Kamath, CEO of ICICI Bank as rediff reports. Indeed, if it would be, a proud moment for India. A sure and potent sign of a strong economy. Its not that this would be the first time though, it was pretty much the same before the Rupee was devalued during the last emergency of 1975, but now the appreciation is on account of the strength of the economic value that Rupee carries, therefore exhilaration is due indeed.

Of late there was much hype and euphoria when the Chinese Yuan was appreciated. However the situation was different there. No doubt the Yuan was becoming strong but the appreciation was on account of change in peg to basket of currencies rather than on account of the intrinsic worth of Yuan itself. I am pretty sure by now most of the readers without a background in monetary economics would be at bay with what I have written here. So its time for simplification.

Currencies the world over were initially valued in terms of their convertibility with gold, i.e. the 'Gold Standard'. This meant that the value of the currency was how much gold it could purchase with one unit of its currency. This also meant that the holder of the currency was entitled to get gold equivalent to the currency which he held, i.e. the 'Gold Convertibility' and the national governments or their central banks (like Federal Reserve for US, Bank of England for UK, Reserve Bank for India, etc.) were obliged to give equivalent amounts of gold to the currency that was presented to them for conversion. This however meant that the Banks could issue currency only equivalent to the amount of gold they carried.

This restriction on ability to issue currency severely impacted the roles national governments and their central banks could play in the regulation and management of their economies. Further, with the Great Depression proving a disaster for macro-economic management, countries the world over shifted to 'partial convertibility' i.e. gold would be given in exchange of the currency but not to the full extent of the value depicted on the currency but only partly. So for example when earlier for presenting $500 you would get gold worth $500, now for presenting $500 you could get gold worth only $50 and so on and so forth.

Then came the World Wars and the countries were in need of money more than ever. Simultaneously the IMF was also established. This led to the rejection of the gold standard altogether. Countries across the world agreed to covert their currencies now in only different variants and not in gold. So earlier when you could get gold worth $50 for submitting $500, now you could only get other dollar bills. So for 5 $100 notes you could get 100 $5 notes and so on. But the IMF held in more than this. It determined at that point the value of each currency on the basis of gold it could purchase and then calculated the value of each currency vis-a-vis each other, i.e. 'exchange rate'. The countries which came later on were given option to determine the value of their currency on the basis of an existing currency value or a mixture of them.

So India adopted a 'basket of currencies', currently 12 but unknown, where upon a formula developed by it the value of Indian rupee would be determined. China, prior to the appreciation I talked about above, was pegged to US dollar. So whatever the value of US dollar, the value of Chinese Yuan would be xUS$ where x was what China would decide.

Naturally Chinese products were always cheaper in US than US goods. And consequently the trade advantage China got allowed itself to occupy a huge market share (we all know how huge) not only in US but all over the globe. And so economically US was always constrained and this led it to raise a political agenda to get Yuan change from pegged to a basket, which China in fact did.

Now there is a concept of fixed, floating and dirty exchange rate as well. But I think this would get this post will get too heavy. Will write somewhere else. In any case, coming back to our originally discussion, since it has not been the influence of RBI or any external agency that Rupee has been appreciating, it is surely the outcome of economic growth and relative stability that India has been facing on the monetary front, which is good news indeed for the county as a whole but with the exception of exporters which have been having a good time with a weak rupee. Let us hope they can continue to make the best of their business by entrepreneurial initiative instead of looking for a fiscal relief from the Finance Minister.

Emergency lifted: good news indeed...

The protests and oppositions and the hue-and-cry finally gave way and emergency was lifted in Pakistan today. Good news indeed for the supporters of democracy and all. As the news-editors would put it in tomorrows newspapers (this in fact the first time I am writing prior to the newspapers writing on the news) this would be linked as the outcome of constant international pressure and internal turmoil boiling down in the streets of Pakistan. But I would disagree. Disagree only to agree that this is not all. Events have to take a long course till democracy can be realized in long sense.

Pakistan has now been under a semi-dictatorship for long and have been kept devoid of democracy since they have had a military President, rightly or wrongly. I have chosen the state-of-affairs as semi-dictatorship for various reasons. First and foremost, democracy requires the people themselves to formate the rules of the game and fair-play and govern accordingly. It does not contemplate pre-conceived rules being placed by someone who is not governed by the system completely and who determined and can quash the coming into power of those whom he does not like or support.

Secondly, national policies necessarily contemplate subsidiarity for a democracy to operate. However, devoid of subsidiarity, national policy necessarily tend to get modified and tempered with when flowing from a top-to-bottom model of national governance instead of being the reverse bottom-to-top model.

Thirdly, international rules of recognition reflect a fair bit on the qualitative aspects of governance in the national context. The reguar in-and-out (mostly out) of Pakistan from various international leagues such as SAARC, commonwealth, ASEAN etc. on the grounds of mis-handling of national affairs and suspension of international recognized principles of good governance etc. has also indicated the extent to which the quality of democracy values have taken a back-lash in Pakistan.

Clearly and perfectly I welcome this lifting of emergecy, something which had been acting as a scar on the national but then I feel the nation itself, along with the people it supports, has to go a long way to establish a self-regulating system which takes it away from being susceptible to dictators or semi-dictators and guarantees a constitutionally regulated state of affairs which not only ensures political maturity and independence but also validates and takes ahead the case for economic growth and prosperity not only in the region but also along its northern and eastern neighbors, which tend to have a high degree of influence on its national and local governance mechanisms. The question of when and how if what I cannot answer, though. It is only for the people of Pakistan to determine and lead on these ends. But surely and quickly is but I can hope for.

Arrest me if you have the guts, Modi tells PM !!!

"Arrest me if you have the guts, Modi tells PM". A really sensitive heading posted by rediff. The count-down to the recent Gujarat polls is really going past in an interesting and curious manner. With the centre poking its nose in the state, trying to ensure that the existing government is not returned back to power; with a vehement Chief Minister (whom a Gujarati tells me, runs the state like a corporate undertaking with video conferencing on updates from district administration everyday) who is not afraid to speak his heart-out; and with an eager and closely monitoring Election Commission, this tripartite affair is really getting interesting.

For long now the Congress has been accused or having a puppet time in the Indian Government with the show being essentially run by just one (though I do not agree with it, especially as far as the financial and taxation sector is concerned) and no wonder majority of Modi's comments have come against that one person (no marks for guessing whom, ok ???) But this is probably the first time that he has spoken against the PM himself. Mostly soft-spoken but a genius, Dr. Singh has never been a political person throughout. He has been serving the country with the very best of himself and the best of his legions against all odds but then the thing is that politics is not all about efficiency (though I would seriously love that too be) and there is a bit of politics in politics (for the rest bit of it, I decline to recognize it for it is essentially the manifestation of corruption and vagaries of power). And therefore more needs to be done in order to take care of purely political issues, atleast I think, on Dr. PM's part.

I would surely not be surprised if there are no reactions or comments either from Dr. Singh or the PMO on this challenging remark by Mr. Modi but then surely there would be one from the Election Commission, which is poorly placed in between the centre and the state. Notices would be issued and proceedings initiated, the results would be withheld till the line-up for the elections is complete and new government comes to power. A typical Indian case. So much from the politically sensitive country. But as for Gujarat, the state is really progressive and that there is no second thoughts on that.

Judicial activism at stake???

Recently a division bench of the Supreme Court reversed a decision of Haryana High Court. No big issue really, happens every day at the apex institution. But it created a furore and debate amongst the Constitutional experts of India. Why? Well because the Haryana High Court in its decision was dealing with temporary & casual gardeners which had been working for long and due to the inaction of the government, in regularizing their posts, were suffering for long. The High Court, in that situation, directed the government to regularize them, thereby giving them parity with the regular employees doing the same work. But then when the Government of Haryana appealed against this decision, the division bench, comprising of Justice A.K. Mathur and Justice M. Katju hailed it as an enrochment of legislative power and overturned the decision.

Why? Because according to them the function of the courts is to enforce a law and not to make it; judges cannot create a right where none exists; it is the duty of the law-makers to ensure that proper governance takes place; etc. But I do not understand that the same Supreme Court, and that to a Constitutional Bench of it, lays down the law of the land in an eleborate judgment the guidelines to be followed by executive governments while dealing with regularization of casual employees, what is wrong by the High Court following the decision and deciding accordingly, when it is bound to decide the cases in terms of the law laid down by the Supreme Court? So its just like, we tell you to do 'xyz' when but we do not want you to do 'xyz'. The issue it raises about judicial certainty etc. no one has bothered to deal with but then a furore had created that judicial credibility is at stake.

And this comes from no less terms but from a very senior and respected lawyer in the Supreme Court, Ms. Indira Jaising. She has raised important (but unconnected to this recent judgment) issues and identified a few items which according to her should be on the priority list of the judiciary. So let us start by what judicial activism per se means and then move on to whats wrong with the approach of the highest court of India.

Judicial Activism is really a big word now in India. A random search at google on it brings 103,000 results. But what is it? And why at all is it so big? Well it evidences a pro-active judiciary i.e. one which goes beyond the Austinian exposition of law. The traditional notion of the law has been that the legislature creates/makes the law, executive enforces the law and the function of the judiciary is merely to interpret laws and clarify the legal meanings they carry. Doesn't sound too big right? This is exactly why the judiciary at times has tended to go beyond. Citing the reasons of executive in-action or absence of a law altogether to deal with a particular glaring issue, the judges have gone beyond their originally prescribed function of interpreting laws and have made laws themselves. This progressive march as an institution has been tentatively described as judicial activism.

Why I say tentative because it has various fall-outs. Firstly all agree (whether constitutional experts or otherwise) that the laws enacted by the legislature are not sufficient to deal with all cases which come across the societal interactions and therefore there must be a sufficient degree of leverage available with the judges, at all times, to make an exposition of law which may not exactly be as the legislature contemplated or could not contemplate (being too busy I suppose) and therefore advance the understand and application of law further. So there is no question of judicial activism when it is always an acknowledged fact that the judiciary has to remain active beyond the confines of a statutory law in order to function effectively.

Second comes the question of drawing the line. Where and when do we say that a particular instance of decision-making is pro-active or in line with Austinian understanding? Typically when now the Constitutions across the world confer these roles upon the courts. The Supreme Court of the United States, under Chief Justice Marshall,declared two hundred years back in Marbury versus Madison that the law of the United States is what the Supreme Court says it is. Courts, internationally, have taken clue from that and have been plugging the gaps which have arisen in the absence of laws. Then the Constitution of India gives wide and sweeping powers to the Supreme Court of India in terms of Article 142 and otherwise. It provides that the Supreme Court can "make such order as is necessary for doing complete justice in any cause or matter pending before it". Now given the fact that justice is a very wide and relative term, capable of justifying almost any proposition, it is imminent that the Court can go way ahead to perform its role as the Custodian of the Constitution.

So when the Court does go beyond, why do we cry foul? When the entire country is divided in brick-bats about an issue which not only divides the country on Marxist lines of haves and have-not and provides for reservation, which is wrong with the Court contemplating the pros and cons of the matter which carries huge ramifications and puts at stake the future of the country as a whole, especially when the government is paying a deaf ear to it; yes I am referring to reservation. After all the Constitutional itself recognizes 'social justice' as an essential goal to the attained by the State.

This is just one example of course. There are so many other important matters pending before the Court at all times. As my friend as a Law Clerk to the Chief Justice of India puts it, the Court is having a busy time now, having so many sensitive and important cases pending before it that he and the judges would be working even during the vacations. This definitely is an indication that law does originate from critical thinking and awareness to the sensitivity of the problem. So if we are not sensitive to the problem, why should others not be as well.

At this point I am reminded of the selling of the Parliamentarian's votes, an incident that took place at the times Late Mr. Rao was the Prime Minister. At that time the Supreme Court refused to look at the matter, being an internal matter of an august institution of India, the Parliament. But then when the matter came up again and that was as regards the internal functioning of the Parliament, expulsion of members and other grounds, the Court was obliged to interfere to the extent of pointing out the rules of fair play and then departing with grace by leaving the matter to the wisdom of the legislature to deal with it. I do not think this is an encroachment on any one's power or domain.

Way back in 1973 when the Court laid down the 'basic structure doctrine', many experts objected to it on the grounds of legitimacy i.e. who gave the Supreme Court the power to declare that there is such thing as a basic structure in the Constitution, where there is no mention of such either in the Constitution or in the Constitutional Assembly Debates, which record the deliberations of the members of the Assembly which framed the Constitution.

But then, why do people not understand that there is a need to change with the times. Animals adopt and humans change. Then why should the law not follow the course? The Constitution is not meant to be a book which will contain the same text and same meaning even after decades and centuries. In order to make it meaning either it has to be revised or given life to by meaningful interpretation which is adaptive to life's sensitivities and the changes in human outlook and behaviour and also to conform to the aspirations that a nation carries, not to mention the national goals of growth and development.

Here I conclude, perfectly in favour of judicial activism, which in turn is cross-regulated by the legislative interventions in the form of enactments which keep coming from time to time and adapt, modify or over-rule the law laid down by the judges. Unless a path of active involvement in the national interests; unless issues plaguing huge cross-sections across the country are timely addressed (which perhaps a busy executive finds hard to keep pace with), growth and justice in the real sense of the terms cannot be achieved.

Intermingling cultures: Heights of emulation !!!

It is sometimes good to copy. It brings the copier closer to the originator. But then it can lead the originator crazy as well. [Ever wondered why someone who took the exam looking into your notebook got more marks than you??? Happens all the time]

But then there are limits. Ya, copyright laws and all. I sometimes don't really understand (on a lighter note) that who care when we copy. Do we think some one is actually gonna verify and compare the stuff you wrote and test it IPR liability? Come on, if someone does check, then hell with him. He must be really having an awfully free time.

And there is copying in a different sense. Emulating types. UN copies the US style of working, UK copies the US style of tax assessment (even heard pay-as-you-go) and what not. But these are not called copying. Why? Because you copy an idea and not an expression. Sounds silly, but thats how the law is. So people copy what they feel good in others.

But then the good is again relative. Its good for me, not for you. I don't care what others would feel like if I copy. I will do what I feel like. So people dress like Captain Jack Sparrow and feel about it. But no one cares, really, when they are not disturbed by it.

And when they get disturbed, they cry foul. Like Shiv Sena says, go hell with your Valentine Day. UK cribs that they gave world civilization and what they got in return was McDees. (some one was actually distributing pamphlets on that in London). WTO cribs that developing countries do not understand the meaning of development and act as ameturs. All of us crib at some point or other. And its perfectly fine. If we don't crib, we aren't humans.

But then there should be limits of emulating. Killing in real life (don't read reel !!!) for the sake of emulating is not really worth it. But the nature has its ways of overcoming human pshychology. The recent US style shoot at a school in India reflects only that. This 'Shootout in Gurgaon school' really carries more than it meets the eye. I came, I saw, I shot, I conquered types...
Shows really how closely cultures are intermingled. The United States has a law (I hope even India has one) which says those below 18 cannot be sold firearms. Does it help, not really if these incidents are any guide. Even the famous anger-control therapies are no use.

I do not have an answer to these problems and issues in life, for these depend really on each individuals assessment of right and wrong, dos and donts, and I am not an expert on pshychology. But certainly I am sure there will be always be optimists and what I call as rational-optimists, who will argue; he killed only, right? so what. A good way really to stop worrying about the growing population problem. He should have killed more. Right?

India rising and beyond

More than 8% GDP growth rate, a bulging working class, heightened attention from the developed nations and keen interests of economists as to how things work despite such high levels of corruption, un-systematic patterns and all, curious BBC people, lots of you tube videos [1, 2, 3, 4, etc.], bullish sensex. Is this all? Does this translate into India rising?

Huge section of people still below poverty line, more people on less than 1 dollars are day than the entire population of many countries, large-scale illiteracy, massive income divide, little and practically no infrastructure to connect the rural with the urban and share the benefits, the same rudimentary and dogmatic vastness covering the mental psyche of the rural India (which deprives that section for sharing the same development rate, who do not understand what does an appreciating Rupee against dollar mean) and all.

But why am I saying this, is it a criticism of the structure and more like saying "things will not change ever" or "come on, you gotta be kidding" types. I am a hard-core supporter of the vision that Indians carry and India is striving for. And I am equally sure that we will be able to achieve those desired results. But my only concern is the timing. In my opinion not much emphasis is being given on these underlying issues, which are vicious circles really, and without tackle which successfully, the dream will continue to evade us and become a long realized one.

The policy makers should lend their eyes to that. To illustrate, take the case of Education Cess, which is charged as a surcharge (i.e. tax on tax) @ 3% now (earlier 2%). The collections on this count have been huge and are piling up as we speak and Indians spend. But where are they being used? This reply in Lok Sabha does not tell us much. The attitude of the Government did not change even an year later [click here to see]. Shouldn't there have been a professional approach towards handling this fund, which has been earmarked for a special and important purpose?

Same is the case with handling of foreign exchanges. No doubt the Reserve Bank is doing a wonderful job keep the Rupee stable and fighting inflation. But shouldn't we stop compiling dollars? I am sure, with the given rise in exports and (but for oil), matches with imports, there would be no foreign exchange crisis in the short and medium run. Then why not invest these reserves in infrastructure development. Mumbai and Delhi are like saturated in terms of the available space. Why not make smaller cities around these and other metros as hubs for investment to supply and cater to the needs of these metros, which are like economies in themselves.

India is rising because it is bulging with talent. But what is the point if the talent cannot be utilized? I would propose that incentive schemes be made such that non-office jobs be situated in sites which do not crumple space in cities. Like what about BPO, call-centres etc. being situated in outskirts of cities. This will not harm anyone and more space in the interiors of the city can be devoted to jobs which require more skills and add more value. Certainly I do not wish to demean the wonderful service these sectors provide but it is just that a proper city planning itself can do wonders.

Then we have such a huge IAS personnel, all full of talent and merit (come on, its really hard to pass through that UPSC exams and if you are through, you got to have something in you). Why not assign independent charges and pool ideas from amongst them. But always keep them making meaningful things out of what Ministers say. The country will grow more if independent charge is given to each IAS (sitting in North or South block) to take care of a particular sector/industry/area/city (or whatever wise criteria one can evolve) and then give them the resources and time with a regular stock-taking. I am sure they would come out with wonderful results. We just got to trust our brother-hood and be patient with the results.

These are just few suggestions which my brain can think of. Think the wonders that will be caused if the progress is seen as the target and more people start thinking in this novel and broad way. I would really love to see the country prosper and advance in more qualitative terms than just in terms of GDP.

Vande Materam ...

Ragging !!! Why are we so obsessed with it???

A: "I got through Class XII Board!!! I am going to college!!! Oh boy, oh boy, oh boy!!!"
B: "But aren't you afraid?" "You know the seniors are really rough." "The ragging and all ..."
A. "Oh ya. I didn't think about it" "Its good you told me." "I will ask big bro if he has a friend at my college who could help."

Welcome to a typical Indian college-starting one's psyche and visions about college. Each year so many pass schools and move to college, only to find a rigged-world, even violent at times, not so friendly, and absurd really. "How does all this help me in making a better individual, if college life is meant to be that???" and other similar questions floating in the sky for these young-college-goers.

But then its the same every year. New platoons coming in and old ones trying to establish their dominance. I saw 'Jar head' the other day and found that this was even in Army. That may even be tolerable with Army people the so-called tough guys. But those who barely know what is ego-clash, dominance, fight-club et. al., being always in a small-compact school, ragging them is really being tough (if not brutal) on them.

The Supreme Court says the institution will be liable if they don't stop that, there is an expert (Raghvan) Committee Report on the subject matter and repeated references to the guidelines but no, the things do not fall in place. The things go on as ever; if not overtly than covertly.

But why are we so obsessed with it? Why do the seniors feel happy to have meted out their juniors with brutality and misdemeanor (ofcourse you would have made out by now that I am not against a healthy introduction and all, but yes when things start to get violent and against the notions of dignity, that is where I say one has to say 'stop')? Why? Why? and Why?

Is it reciprocity? One of my friends had put it that its because we got that, so we are giving that back. I keeps on flowing like from generation-to-generation. But then I ask, is it something worth handing down? It is on the same footing as one from a father to a son? I don't think so and think that no reasonable minded person would agree to that. Then why? why do we keep this practice intact, as if it is a heritage.

I understand that law-enforcement is really a problem and having a law against something does not translate automatically as meaning that end of problem (ya, the evidence on the effectiveness of child-marriage prohibition laws, anti-dowry laws, anti-sati laws, etc. all same thats) but that doesn't mean we do not take an occasion to look in our souls and ask "are we doing the right thing? "is it something I will want my child to face? "do i really resound as being a dominant personality when I rag someone?" et. al, which make you realize the worth and effect of the things we happily indulge ourselves in.

The answer will definitely be "no", I am sure of that. But if it is "no", what do we do to translate that "no" into action. Thats a big question and there is a lot of soul searching to be done. But surely and certainly, its not a good practice that we carry or take for granted.

Delhi court settles 100 cases in two days !!!

I was delighted to read this post in rediff that a trial judge went a long way to play her part in reducing the back-long of the cases, which has really been a stigma on the Indian judicial system.

"Additional District and Sessions Judge Kamini Lau did not mind spending extra hours to finish the cases, pertaining to theft of electricity, claims with various power companies and malfunctioning of the infrastructure", reports Rediff.

Not long back, I had the occasion to write about the pitfalls of delay in judicial redressal, but then it seemed like an issue taken for granted. The monthly report of pending cases in the Supreme Court does not inspire confidence either.

Every once in a blue moon we hear that a judge went out of the way to dispose more cases than the national average. But the point is, are their any incentives for the judges who really take toil to clear the backlog? Is there any mechanism in place to ensure that this takes place at a regular basis, till the time the pendecy is within acceptable limits?

No answer clearly seems to be forthcoming. Blame is transferred by ailing huge vacancies in the judicial lines, lack of proper infrastructure etc. But shifting of this blame game is not for the county as a whole and certainly for the people as well.