EEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEE

THE HINDU
6 EDITORIAL DELHI

MONDAY, SEPTEMBER 6, 2021

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Reaching out to the ‘undesirables’

Conflict resolution is not always a morally black-and-white business, as the example of the Taliban shows
been widely debated from a moral The possibility of potential state ternatives and potential out-
perspective. So it might be useful socialisation is why we must en- comes; not based on quixotic no-

Life after death to reflect on the various moral as-

pects of engaging with undesirable
gage with organisations we dis-
agree with. There are many exam-
India must seize the opportunity to start a elements (terror groups, insur- ples of individuals and
gents, etc.) in general and the Tali- organisations shunning violence
political dialogue to resolve the Kashmir issue Happymon Jacob ban in particular. and joining mainstream politics as
tions of moral universalism.
There are serious moral ques-
tions being raised about New Del-
hi’s recent outreach to the Taliban.
Critics have argued that it is moral-

S
yed Ali Shah Geelani was more an Islamist than a a result of negotiated settlements, ly reprehensible for India to en-
Kashmiri nationalist, and his demise at the age of Geopolitics and morality power sharing, or simply because gage with a violent outfit such as

S
hedding its past hesitations, Moral judgements in the conduct of state socialisation (the process the Taliban just because they are

AFP
92 brings down the curtain on a phase of separa-
the Government of India has of international relations rest on a of learning the international polit- on the verge of statehood. While I
tist politics in the Valley. He represented a strident pro- started an open, formal en- slippery slope for several reasons. lativism. Indeed, a healthy conver- ical culture and how to live within do appreciate the moral logic of
Pakistan stream of Kashmiri separatism. Geelani in- gagement with the Taliban who, For instance, are moral judge- sation between universalism and its normative boundaries). Put dif- such criticism, let us keep in mind
spired armed rebellion and remained a steadfast bar- by all accounts, will form the next ments/prescriptions devoid of relativism could produce political- ferently, we engage violent outfits that international politics is not a
rier for any potential political dialogue between New government in Afghanistan. Until power politics? How much does ly useful moral arguments. In in the hope that the process of site of perfect moral choices. More
Delhi and Kashmir separatists. He opposed a settlement the recent India-Taliban meeting geopolitical power shape the short, moral questions governing conflict resolution may change so, moral choices are also a pro-
of the Kashmir question that the former dictator of Pa- in Doha, India’s engagement with boundaries of morally acceptable/ the behaviour of states cannot be them; states are potentially more duct of geopolitical contexts and
the Taliban was through secret unacceptable behaviour in inter- divorced from the geopolitical amenable to reason and norma- the historical location of a coun-
kistan, Pervez Musharraf, had helped formulate. Geela-
channels (for several years now), national relations? Consider, for power and location of those states. tive arguments especially when try. For India, located where it is —
ni’s recalcitrance only hardened with age, but his death open but ‘unofficial’ (i.e., when instance, phrases such as ‘axis of they socialise with their peers amidst a geostrategically challeng-
did not stir any public outpouring of Kashmir grievance New Delhi sent two retired diplo- evil’ or ‘rogue states’ used by past Range of ‘undesirables’ which forces them to ‘be like a ing environment — its ability to
even when heavy policing and communication restric- mats to a meeting in Moscow in United States administrations The second question is who the state’. make a ‘morally perfect’ choice
tions in the Valley are accounted for. But there can be which the Taliban were present), against states they disagreed with rightful object of our moral oppro- Let us take the case of the Tali- vis-à-vis the Taliban is rather limit-
no denial of the fact that people have grown wary of the or quiet and unpublicised (an un- or wanted to isolate. Notwith- brium should be. Should they in- ban again: military force could not ed. It is imperative for New Delhi,
relentless cycle of conflict. Geelani’s brand of politics declared meeting of Ministry of standing whether one agrees or clude only non-state actors and in- defeat them, and given the subop- therefore, to make an already bad
was losing mass support even before the Indian crack- External Affairs officials with the disagrees with the policies of the dividuals, or also states? In timal performance of sanctions situation somewhat better by en-
Taliban in Doha in June this year). target states, the point here is that general, there are degrees of beha- (i.e., Iran, North Korea, Cuba, gaging with an entity it otherwise
down on separatists acquired a new aggressive edge af-
Engagement with the Taliban is such framing is a product of the viour that are generally consi- etc.), what options does the inter- would not have desired to engage.
ter the Pulwama suicide attack in February 2019. The useful in both securing India’s in- ability of the United States to dic- dered reprehensible — ranging national community have when it
Narendra Modi government abandoned negotiations in terests in Afghanistan (to the ex- tate a certain global moral stan- from freedom struggle, insurgen- comes to dealing with the Taliban? A difficult art
Kashmir, not only with separatists but even with main- tent possible) and to potentially dard. As historian E.H Carr argues cy, state-sponsored terror to terro- While engaging with the Taliban Finally, there is a larger argument
stream political parties, save a half-hearted initiative in moderate Taliban’s internal and in The Twenty Years’ Crisis: 1919- rist violence. While deciding to may or may not nudge them to for reaching out to undesirable/
June this year. After the erstwhile State of Jammu and external behaviour (again, to the 1939, “It is a familiar tactic of the condemn, we routinely use a se- moderate their behaviour, given rogue elements — to build peace
Kashmir was stripped of its autonomy and reorganised extent possible). privileged to throw moral discre- lective application of morality. Let the absence of other options, the and resolve conflicts. Notwith-
dit on the under-privileged by dep- us take the example of the Taliban. international community might as standing what they say, democrat-
into two Union Territories in August 2019, the decline
Beginning the process icting them as disturbers of the They have an irrefutable history of well engage them to potentially so- ic governments have routinely ne-
of separatists including Geelani was evident. Should a Taliban government, peace; and this tactic is as readily indulging in terrorist violence, hu- cialise them into behaving like a gotiated with terrorists, secretly or
The volatile situation in Afghanistan, and Pakistan’s when it gets formed, be recog- applied internationally as within man rights violations (especially normal state. Let me put that argu- openly. Consider examples from
euphoria about the return to power of the Taliban in nised? Given that a Taliban-led go- the national community.” those of women), and religious in- ment somewhat differently. We the British government’s secret
Kabul will have an impact on the situation in Kashmir. vernment is a foregone conclusion While all states use moral argu- tolerance. But so have many coun- have three choices now vis-à-vis talks with the Irish Republican Ar-
The Taliban have said they would ‘raise voice for Kash- now, the international community ments in the pursuit of their res- tries with an equally dishonoura- the Taliban: continue to militarily my (IRA) while the IRA was still
mir Muslims’ and Pakistan has always maintained that must only accord such recognition pective national interests, it is the ble history of violent behaviour fight the Taliban, isolate and sanc- carrying out attacks against the
as part of a negotiated process, a moral logic used by the powerful and proxy wars. Whether those tion the Taliban-ruled Afghanis- U.K., to the Spanish government’s
peace in Afghanistan is connected to a resolution in
process aimed at moderating Ka- states or coalitions that tend to win states are held accountable or not tan, or engage and socialise them. talks with the Basque Homeland
Kashmir. Global Islamists are exulting over the withdra- bul’s new rulers. UN Security over the weaker ones, thereby be- depends on essentially two fac- The U.S.-led forces tried the first and Freedom even after the lat-
wal of U.S. forces from Afghanistan. With Pakistan Council Resolution 2593, adopted coming the standards of beha- tors: their military power to dis- option for two decades without ter’s violence killing civilians, to
emerging as a key influencer in Kabul, the U.S. will have at a meeting chaired by India, em- viour. Put differently, morality is suade potential discipliners (North success, and the second option is the Liberation Tigers of Tamil Ee-
to seek new terms of engagement with it. New Delhi has phasising that Afghan soil should often a product of power even Korea is a good example), and what we used from 1996 to 2001 lam-Sri Lankan government nego-
been in self-congratulatory mode over Kashmir. Far not be used for terror activity is a though there are other sources of their ability to justify their actions which led to disastrous conse- tiations in the 2000s. Talking to
from secession, even autonomy questions have been good beginning internationally. morality than just power. Argu- in a ‘morally acceptable’ manner. quences. So, we are basically left the undesirables is a time-tested
The international community ments stemming from moral un- Legitimacy and sovereignty ac- with option three. phenomenon. More importantly,
rendered irrelevant in conversations on Kashmir, which
should eventually recognise a Tali- iversalism should, therefore, be corded to states provide them with The point of diplomacy, after peace-building is not always a mo-
now revolve around restoration of its full statehood. ban-led government in return for challenged not only because they an added layer of protection. all, is also to engage with the unde- rally black-and-white business. Of-
However, the relative calm and silence in the Valley guarantees that the latter will are patronising, but also because The point here is about how we sirables to try and change their po- ten enough, the process of conflict
should not be mistaken for acquiescence. Political par- abide by norms governing terro- crude national interests often mas- routinely single out certain actors sitions. As a matter of fact, enti- resolution can be morally chal-
ties have expressed frustration over the fact that the rism, human rights, among querade as moral universalism. as fit cases of our moral opprobri- ties, individuals and states do lenging, politically complicated
June dialogue between them and Mr. Modi was aimless others. Moral universalism may be desira- um which is a function of power change as a result of sustained ne- and involves difficult choices.
and not followed through. The political dialogue with However, the question about ble and even useful in certain con- and geopolitics. The Taliban’s cul- gotiations. Whether or not legiti-
engaging, and eventually recognis- texts and for certain purposes, but pability is beyond doubt, as is that macy and recognition will temper Happymon Jacob is Associate Professor,
mainstream parties must be carried ahead in full ear-
ing, the Taliban which has a terri- it must be viewed with a critical of many states. But why add an outfit with a violent past like Centre for International Politics,
nest. The chaos in Afghanistan presents challenges for ble human rights record, and has eye. At the same time, one must al- another entity (Taliban) to the mix the Taliban is indeed a challenging Organization and Disarmament, School
India, especially in Kashmir, which need wider deliber- literally captured power in Af- so be careful not to fall victim to of powerful wrong-doers, you question. But one will have to of International Studies, Jawaharlal
ations with the international community. But Geelani’s ghanistan through sheer force, has extreme arguments from moral re- might ask. Here is why. make a call based on available al- Nehru University, New Delhi
death could be an opportunity to set the stage for new
conversations with various Kashmiri outfits. The Go-
vernment must use this moment to initiate a compre-
hensive dialogue to find a way forward for a future of
the people of Kashmir as an integral part of India.
The key to revitalising India’s reservation system
A socio-economic caste-based census becomes a necessary precondition to initiate any meaningful reform
oppression and humiliation — tion of different social groups. or the United Kingdom which can
True mettle would, finally, be able to find place
in the power sharing and decision-
Though caste-based reservations
have been pivotal in animating up-
undertake two important but in-
terrelated things: make a depriva-
India needs to develop infrastructure and making processes. However, this ward social mobility and led to the tion index correlating data from
GETTY IMAGES/ISTOCKPHOTO

strategy of removal of disabilities emergence of a handful of politi- the socio-economic-based census

improve access for differently-abled athletes has not translated into an equalisa- cally mature and visible Dalit-Ba- of different communities includ-

I
ndia saw another fortnight of good tidings in sports Supriy Ranjan tion of life chances for many hujan castes, we hardly have suffi- ing caste, gender, religion, and
from Tokyo. Close on the heels of the recent Olym- groups in our heterogeneous cient data about the actual reach other group inequalities and rank
pics there, in which India claimed an overall tally of society. and access of this policy measure. them to make tailor made policies.

H
oardings and posters laud-
seven medals inclusive of a lone gold, the country’s dif-
ing the Narendra Modi go-
ferently-abled athletes extended this tale of excellence vernment for introducing
into the Paralympic Games. The quadrennial event, reservations for Other Backward
which concluded at the Japanese capital on Sunday, Classes (OBCs) in the National Elig-
witnessed an exemplary show by these athletes repre- ibility cum Entrance Test (NEET)
senting 2.2% of India’s population, who are differently- examinations and a renewed de-
abled. India finished 24th in the table with 19 medals bate on caste census have once
that featured five golds, eight silvers and six bronzes. again brought the debate on affir-
mative action in the limelight. The
This was India’s finest outing at the Paralympics and
affirmative action programme that
eclipsed the previous best of four medals at the Rio de was envisaged during the found-
Janeiro edition in 2016. In a nation where sporting cul- ing moments of the republic is in-
ture is sacrificed at the altar of academic excellence, deed one of the remarkable provi-
any news about success on the turf has to be treated as a sions to have been worked out by
system-altering result. The challenges for the different- our Constitution makers. It has
ly-abled are tougher, considering the body’s limitations been historically significant in
enunciating the principle of justice
that these athletes first cope with through sheer will-
in a deeply unequal and oppres-
power, and then there is the secondary task of over- sive social order such as ours.
coming society’s innate scepticism. A simple access-au-
dit of India’s urban buildings would reveal how even a Still no equity
ramp essential for the differently-abled is either missing While it is undeniable that these
or added as an after-thought. In 2016, an audit initiated provisions have been one of the
by government agencies did not find a single building protagonists of Indian democra-
cy’s success stories, these have al-
that was completely accessible to the differently-abled.
so accumulated a fair share of pro-
Seen in that context, what India’s paralympic contin- blems and call for immediate
gent achieved is mind-boggling. This was a leap of faith policy attention and debate.
mounted on endless hours at grounds and inside gym- Through reservation of seats in
nasiums while sharpening muscle-memory. The Indian political and public institutions of
contingent reflected life’s vicissitudes with athletes hav- the state, it was thought that the
ing personal stories steeped in tragedy: accidents, po- hitherto marginalised groups —
which have suffered generations of
lio-afflictions or genetic issues. Yet, they strove towards
We do not know what liberalisa- And, undertake an audit on per-
Problems with current policy tion has done to castes which re- formance of employers and educa-
There is now a strong demand mained tied to more traditional tional institutions on non-discrim-
from those who have not been (https://bit.ly/3h3L2rh). sources of income and were incap- ination and equal opportunity and
able to accrue the benefits of re- Clearly, the assumption that the able of realising the new oppor- issue codes of good practice in dif-
servations from within the margi- disadvantages of every sub-group tunities provided by the opening ferent sectors. This will make the
nalised sections, to devise some within each category are the same of the economy. We do not know formulation of policy and its mon-
policy option which may be able is severely misplaced. how these groups have navigated itoring simpler at an institutional
to supplement the existing system It is important to note that the and transitioned to a more accen- level.
of reservation. Rohini Commission’s data are tuated regime of capital amidst As evident, a socio-economic
The fact that the current system based just on the institutions that nearly no social security net on caste-based census becomes a ne-
suffers from the “problem of reifi- come under the purview of the the ground. The marginal majority cessary precondition to initiate
cation” is not just wishful think- central government. We hardly within still dwells in the waiting any meaningful reform in the affir-
ing, but a hard fact. have any legible data on the socio- room of history, waiting to see the mative action regime in India.
The data released by the Justice economic conditions of varied so- light of the policy grid of the state. It is worth noting that similar
G. Rohini Commission’s report on cial groups at more local levels of suggestions were made a decade
the sub-categorisation of OBCs State and society. Affirmative action ago in the recommendations that
gives a good synoptic view to un- Consequently, asymmetrical What is urgently required is a me- the expert committee for an Equal
derstand this. Based on the last distribution of reservation has se- chanism that can address this la- Opportunities Commission (2008)
five years’ data on appointments verely deterred political projects cuna and make the system more made in its comprehensive report
in central government jobs and of unified subaltern solidarity. Par- accountable and sensitive to intra- that it submitted to the Ministry of
OBC admissions to central higher ties that were once able to build group demands. Since every furth- Minority Affairs. However, little
education institutions, the com- large Bahujan solidarities are now er categorisation will only lead to policy progress has been made in
mission concluded that 97% of finding it difficult to garner such reification and fragmentation in this regard. Successive govern-
central OBC quota benefits go to support. This should give us hints the long run, two things are re- ments have been reluctant to en-
just under 25% of its castes. As ma- about the extent of the problem quired. gage with such radical policy op-
ny as 983 OBC communities — 37% rather than ruling them out as One, we urgently need to deve- tions, almost always caving in to
of the total — have zero representa- mere conspiracies of breaking low- lop a wide variety of context-sensi- immediate and myopic political
tion in both central government er caste unity. tive, evidence-based policy op- gains.
jobs and admissions to central un- tions that can be tailored to meet
iversities. Also, the report states Insufficiency of data specific requirements of specific Supriy Ranjan is a PhD Candidate, Centre
that just 10% of the OBC commun- As underlined above, there is a groups. Two, we need an institu- for Political Studies, School of Social
ities have accrued 24.95% of jobs dire need of accurate data pertain- tion alike the Equal Opportunities Sciences II, Jawaharlal Nehru University,
and admissions ing to the socio-economic condi- Commission of the United States New Delhi

LETTERS TO THE EDITOR

excellence with an effervescent smile in place. Be it ath-
letics, where javelin throwers are the toast of the Letters emailed to letters@thehindu.co.in must carry the full postal address and the full name or the name with initials.
month, or badminton or shooting, India had its mo-
To read more letters
ments of splendour. The five gold medallists — Sumit Stranger than fiction is already sliding. ignored. Surely, he is not the probe the case without a ■ The Paralympic online, scan the QR code

Antil, Pramod Bhagat, Krishna Nagar, Manish Narwal The background story of V. Johan Dhanakumar, only one of his his tribe. And biased mind. Committee of India should
high-profile criminal Chennai that does not augur well for allocate more resources to very pleasant surprise. I
and Avani Lekhara — led from the front, and the last Tharcius S. Fernando,

named 19-year-old shooter also won a bronze. India Sukesh Chandrasekhar
(‘Ground Zero’ page,
drew a blank in shooting at the preceding Olympics, but
September 4) has
the differently-abled added five medals. The coaches, outstripped detective
the Paralympic Committee of India and Sports Ministry novels in every sense. That
played their parts while India excelled in a champion- he was able to have a free
ship held in the shadow of a pandemic. Since its first run, wield untrammelled
medal at the 1972 Paralympics, India was a marginal powers and wear many hats
presence until now. A reflexive-rewards exercise is on with no fear of the law, is a
from various governments, and the corporate sector. If clear reflection of poor
surveillance by multiple
a percentage of those riches are allocated to improve
agencies. This is nothing
sports infrastructure for the differently-abled, India will but one more instance of a
have more reasons for cheer in the coming years. gross mockery of India’s
criminal justice system that
■ That the law and order
officials were sitting ducks
before a youngster who
could effortlessly and
inexplicably operate
expansive criminal activities
while within the four walls of
a prison is worrying. His
methods speak volumes of
the extent bribery plays its
part in high places.
Surprisingly, multiple
instances of spoofing were
‘undetected’ or conveniently
the nation. Chennai search, support, encourage received my new passport in
Sanath Kumar T.S., and train differently-abled five days from the date of
Thrissur, Kerala At Tokyo sports persons. There should application. Years ago, it was
It has been a super outing for be a completely new an endless wait. This time,
Estate mystery India at the Tokyo infrastructure. The Indian the Passport Seva Kendra
The mystery of the Kodanad Paralympics. Each day contingent has been a source office was a revelation —
murder-burglary case needs brought better news, to end of great inspiration for courteous behaviour and
to be solved. Matters in a stunning performance. youngsters. quick decisions. This change
concerning the case have The Indian contingent and its Andrea Jasper, needs to be taken forward,
been drifting which has support system deserve Chennai with such a transformation
raised much suspicion in the wholesome praise and to in our local bodies, where
minds of the common man. have kept the Indian flag A surprise the ordinary citizen is still a
The DMK’s announcement of flying high from the start. I was in dread of undergoing victim of inaction.
a probe is an opportunity for Vinay Mahadevan, the ordeal of renewing my V. Anantha Subramanian,
the Tamil Nadu police to Dubai, U.A.E passport, but was in for a Chendamangalam, Kerala

CM A ND-NDE
YK
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THE HINDU
MONDAY, SEPTEMBER 6, 2021
DELHI
EEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEE
The judicial role in improving lawmaking We cannot save journalism
Rushed laws, rendering Parliament a rubber stamp, sacrifice core ideals of a constitutional democracy
Vikram A. Narayan
Jahnavi Sindhu
The deterioration in the quality of
deliberation in Parliament over time
has prompted calls for reform from
different stakeholders. On Indepen-
dence Day, Chief Justice of India (CJI)
N.V. Ramana also highlighted this
problem, noting that the ambiguities
and gaps in laws passed without
meaningful deliberation trigger
avoidable litigation. While the CJI
suggested that lawyers and intellec-
tuals enter public life to improve de-
liberation, the judiciary can also play
a crucial role in improving the law-
making process.
Many rely on the volume of Bills
passed by Parliament in a session as
a measure of its efficiency. However,
this measure is flawed as it does not
account for what is lost when effi-
ciency is achieved by passing laws
without adequate notice and deliber-
ation. Most, if not all, of these laws
create burdensome obligations on
persons and often affect their funda-
mental rights. Legislators, as repre-
sentatives of the people, are expect-
ed to exercise a duty of care before
casting their vote. This entails due
deliberation about the implications
of the law, posing amendments and
questions to the concerned Minister,
and requiring expert evidence
through standing committees.
Moreover, it is in the legislative or-
gan that diverse interest groups find
representation. Deliberation in such
a forum ensures that the views of
persons who are adversely affected
by a law are heard and actively en-
gaged with. Rushed lawmaking, ren-
dering Parliament a rubber stamp,
sacrifices two core ideals of a consti-
tutional democracy, namely, equal
participation and respect for funda-
mental rights.
Evaluating legislative process
The judiciary can play an important
role in improving the lawmaking pro-
cess and securing these ideals. A
straightforward way of doing this is
by enforcing the text and spirit of the
constitutional provisions governing
National Monetisation Pipeline
and the infrastructure deficit
Infrastructure is key to speeding up growth
Pulapre Balakrishnan
The government’s announcement of
the National Monetisation Pipeline
(NMP), a scheme to transfer the
rights to operate public infrastruc-
ture for a fixed period, has received
attention in the media. Hopefully, in
the skirmish over the details of the
scheme, not to mention the partisan
allegations flying around, the fact of
the severe infrastructure deficit that
India faces, and the imperative to ad-
dress it, will not get overlooked. We
need infrastructure not only to speed
up growth in a slackened economy
but also to lead a dignified life, even
after we have seen off the COVID-19
pandemic.
A significant criticism of the NMP
is that the transfer would end up
creating monopolies, leading to a rise
in price. The creation of monopolies
through public policy would be an
embarrassment alright. However, the
claim of an inevitable monopolisa-
tion is exaggerated as the outcome
would differ according to the type of
infrastructure.
Monopolisation is inevitable in the
case of highways and railway lines,
while it is not in the case of ware-
houses as all the warehouses need
not be sold to a single bidder. On the
issue of the price, Rajiv Kumar, Vice-
Chairman of NITI Aayog, has empha-
sised that the price would be regulat-
ed and any increase of it capped in
line with inflation when the govern-
ment signs the contract with the con-
cessionaire.
Whether private parties would be
open to such an arrangement is a dif-
ferent question. And this really is the
point. While the government may
have announced its expectation of
the proceeds from the monetisation,
we are yet to ascertain the private
sector’s interest in it. The NITI Aayog
has flagged the success of the public-
private partnership (PPP) governing
the Mumbai-Pune Expressway, but
there is also the unhappy experience
of a leading infrastructure company
opting out of the agreement to run
the Delhi Airport Express Rail Link
very early on, causing a disruption.
India’s experience with PPP in infras-
tructure, enthusiastically pursued by
both the United Progressive Alliance
CM
YK
A view of the Rajya Sabha during the monsoon session of Parliament in New
Delhi in August. PTI * fully deliberated in Parliament, the
legislative procedures. The Constitu-
tion contains certain detailed provi-
sions laying out how laws are to be
passed by Parliament and the State
Legislative Assemblies. Unfortunate-
ly, these are often undermined. For
example, even when the result
through voice votes are unclear, the
exact number of “ayes” and “nays”
are not always counted, suggesting
that Bills may be passed without se-
curing the majority vote required un-
der Article 100. This issue arose most
recently when the controversial farm
laws were reportedly rushed and
passed by voice vote in the Rajya Sab-
ha despite objections by Opposition
members.
Similarly, Bills are certified as Mo-
ney Bills to bypass the Rajya Sabha
even where they do not meet the
specific description of Money Bills
provided under Article 110. This Arti-
cle identifies seven areas that can be
governed through the enactment of
Money Bills, including the imposi-
tion of tax, the regulation of borrow-
ing and appropriation of money out
of the Consolidated Fund of India.
In the Aadhaar case, the Supreme
Court, to an extent, recognised its
power to check whether such pro-
cedural provisions had been com-
plied with. However, these provi-
sions will only be taken seriously if
the judiciary addresses their viola-
tions in a timely manner. The longer
a challenge is pending, the more
ground the State has to argue that
rights and obligations created under
the law should not be disturbed for a
“mere” procedural violation.
(UPA) and the National Democratic
Alliance (NDA), has not been impres-
sive. It may actually have contributed
to the saddling of the public sector
banks with non-performing assets.
Most infrastructure comes in the
form of a public good, even when it
may not be a natural monopoly. No
wonder then that it has been built
and managed by the public sector the
world over. But the possibility that
the price may rise after a transfer of
public infrastructure to the private
sector is not a good reason to oppose
it. India’s infrastructure has not ex-
panded precisely because the assets
generate too little revenue for even
their maintenance, leave alone up-
gradation, due to pricing practices in
the public sector. This has held back
growth of the economy. Moreover, it
cannot simply be assumed that mo-
nopoly would lead to a higher price.
The outcome would depend upon
the costs of the concessionaire,
which may well be lower than that of
the public entities currently manag-
ing India’s assets. A comparison of
the fares of Air India with that of priv-
ate airlines is enough to see this.
The important consideration in an
evaluation of the NMP would be the
volume of funds expected to be gen-
erated. The government has an-
nounced an indicative value of ₹6
lakh crore accruing over four years.
This is extraordinarily low in relation
to two comparators. First, it is only
10% higher than the budgeted capital
expenditure of the Government of In-
dia actually for 2021-22. Next, see it in
relation to the figure of ₹100 lakh
crore estimated as the infrastructural
investment India needs. This was an-
nounced by Finance Minister Nirma-
la Sitharaman in her first Budget of
2019 and repeated by Prime Minister
Narendra Modi in all his subsequent
Independence Day speeches. Any
claim of the innovativeness of the
NMP pales beside this astute estima-
tion made by the government itself.
As for the carping by the Opposition,
it distracts attention from the severe
infrastructural deficit we face and the
need to erase it.
Pulapre Balakrishnan teaches at Ashoka
University, Sonipat, Haryana
OPED 7
if we fail to save journalists
deliberative organ, and thus “under-
stands and correctly appreciates the Quality journalism is tied to the well-being of journalists
needs of its own people”. When laws
are passed without deliberation and death toll, the long-term impact of permit-
without examination of the empiri- ting toxic material in our atmosphere and
cal basis on which they are pre- permitting it to contaminate the groundwa-
mised, the State usually finds it more ter. While the question of unfair compensa-
difficult to explain why such laws tion remains valid even today, the series of
constitute a reasonable restriction journalistic interventions helped make the
on rights and, therefore, heavily re- A.S. Panneerselvan Indian state act, albeit partially. December 3,
lies on the doctrine of presumption in a sense, used to mark the importance of
of constitutionality to resist close follow-ups.
judicial scrutiny. By extending this The ideas of accountability and public good
doctrine to such laws, the judiciary in journalism are more than two centuries Status of investigations
undermines the guarantee of judicial old. The institutional frameworks have been It is time for editors to commission stories on
review provided to protect funda- evolving over the last century — technologi- the status of investigations into crimes
mental rights. Instead, if the judici- cal disruption has brought in a new set of against journalists. My concern about quality
ary confines the doctrine only to cas- challenges. However, the core concerns re- journalism is firmly tied to the well-being of
es where the State shows that laws main the same. For instance, the 1947 Hutch- journalists. Though the United Nations Gen-
and their consequences were care- ins Commission report about the media, “A eral Assembly adopted a resolution in 2013
Free and Responsible Press”, concluded that that proclaimed November 2 as the ‘Interna-
judiciary can encourage legislative the freedom of the press was in danger. tional Day to End Impunity for Crimes
Another important method is for bodies to ensure a deliberative law- Robert M. Hutchins, who served as the against Journalists’, crimes against journal-
the judiciary to make deliberation a making process. president of the University of Chicago, con- ists are unending and there seems to be a
factor in evaluating the constitution- cluded in his report that the freedom of the growing impunity for the perpetrators. The
al validity of laws. In exercising judi- Remedying dysfunction press was in danger for three reasons: “First, failure of law enforcement agencies across
cial review, the court’s role is to call The CJI’s suggestion that the legisla- the importance of the press to the people the world, including in India, is a disturbing
on the State to provide justifications ture be reformed from within is ad- has greatly increased with the development feature.
explaining why the law is reasonable mittedly the ideal solution to reme- of the press as an instrument of mass com- As I am writing this column, I remember
and, therefore, valid. While doing so, dying legislative dysfunction without munication. At the same time, the develop- that editor Gauri Lankesh was killed four
the court can also examine whether raising concerns of separation of ment of the press as an instrument of mass years ago on the same day. She was shot
and to what extent the legislature de- powers. However, legislative majori- communication has greatly decreased the down by two assailants, widely believed to
liberated the reasonableness of a ties have little incentive to cooperate proportion of the people who can express be part of a larger conspiracy to take out an-
measure. The legislative inquiry for such reform, and significant pu- their opinions and ideas through the press. ti-Hindutva voices, outside her home at Raj-
would usually include evaluating the blic mobilisation on the issue would Second, the few who are able to use the ma- arajeshwarinagar Nagar in Bengaluru on
factual basis justifying the law, the be necessary to change this. Against chinery of the press as an instrument of mass September 5, 2017. The next year, this new-
suitability of the law to achieve its this backdrop, the judiciary can and communication have not provided a service spaper carried a detailed report, “Unravell-
aim, and the necessity and propor- should employ the tools available to adequate to the needs of society. Third, ing the Gauri Lankesh murder case” ( June
tionality of the law relative to its ad- it to nudge legislative bodies to im- those who direct the machinery of the press 16, 2018), which had an interesting head
verse impact on fundamental rights. prove their lawmaking processes. In have engaged from time to time in practices deck that said, “The Karnataka police think
The Supreme Court, in fact, adopted fact, striking down laws on procedu- which the society condemns and which, if they have cracked the case. Why they think
this approach in the Indian Hotel ral grounds also mitigates concerns continued, it will inevitably undertake to so. And how they did it.” In February 2019,
and Restaurants Association (2013) of separation of powers in certain regulate or control.” the Supreme Court had noted the murders of
case. The court invalidated a law pro- respects. Unlike review on purely Lankesh, Kannada writer M.M. Kalburgi, and
hibiting dance performances only in substantive grounds, it does not fore- Privileged position activists Narendra Dabholkar and Govind
hotels with less than three stars as close legislative bodies from re-legis- Jeffrey Dvorkin, a former ombudsman for Pansare were part of a “very serious case”.
rooted in class prejudice and, there- lating the issue and ensuring that the National Public Radio (NPR), once observed Yet, the investigations are slow and attempts
fore, violative of equality. While the procedural defects in the law are rec- that ombudsmen were in a privileged posi- to bring those who have committed grave
State justified the classification on tified and the law is properly deliber- tion to connect the audience’s need for ac- crimes to book remain a distant dream.
the ground that only such hotels ated in Parliament. countability with media outlets’ recognition Senior journalist Pamela Philipose’s tweet
were sites of trafficking, the court re- The Indian judiciary has often de- that they need to improve their work in our on September 4 captured the stark reality.
jected this claim by examining the monstrated that it is possible to en- current times. “Tomorrow marks four years since the un-
lawmaking process and found that rich democracy by addressing dys- He summarised the role as being “a me- conscionable felling down of India's dynamic
the State did not have empirical data functions in other institutions. By diator between the expectations of the pu- editor Gauri Lankesh in her own home. So
to support this claim. adopting a swift and systematic ap- blic and the responsibilities of journalists”. far the case involving 17 has not made it to
The judiciary can also make delib- proach to reviewing the legislative This framework gives a glimpse into factors the courts even as evidence of the direct in-
eration a factor in choosing whether process, the judiciary can help res- that shape my concerns, fears and anxieties volvement of the politically coddled Sanath-
to employ the doctrine of “presump- tore faith in the ‘temples of democra- about the future of journalism. an [sic] Sanstha surfaces,” she said on Twit-
tion of constitutionality”. This doc- cy’ and push us toward the culture of When I became a journalist in 1985, most ter. Reports document how multiple pleas
trine requires the court to exercise justification the Constitution sought editors used to commission special stories were deliberately made to stall the trial.
restraint and defer to legislative judg- to create. on December 3 to mark the Bhopal gas trage- It is impossible to save journalism if we fail
ments on the reasonableness of a dy, which remains one of the most terrible to save journalists.
law. It is rooted in the fiction that the Vikram A. Narayan and Jahnavi Sindhu are industrial accidents faced by humanity. After
legislature is a widely representative, advocates specialising in constitutional law many years, we are yet to ascertain the exact readerseditor@thehindu.co.in
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CCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCC
DATA POINT
FROM THE ARCHIVES
FIFTY YEARS AGO SEPTEMBER 6, 1971
Refugees’ return: Nepal backs India
A joint communique issued at the end of the
three-day visit of the External Affairs Minis-
ter, Mr. Swaran Singh to Nepal said the Nepa-
lese Prime Minister, Mr. Kirtinidhi Bista had
noted the social and economic implications
to India as a result of facing the problem of
millions of refugees from East Bengal. The
communique was released at a press confe-
rence addressed by Mr. Swaran Singh prior
to his departure for New Delhi. The commu-
nique was signed by Mr. Swaran Singh and
Mr. Bista, who is also in charge of Foreign Af-
fairs. It said the two leaders had discussed in
depth relations between the two countries
in various fields. They reiterated their mu-
tual respect for and interest in each other’s
sovereignty, independence and territorial
integrity and principle of non-interference
in the internal affairs of other countries. The
communique emphasised the age-old close
links between the two countries in various
fields and stressed the need for further
strengthening them “to their mutual bene-
fit”. Mr. Swaran Singh appreciated the all-
round progress made by Nepal under the
wise guidance of King Mahendra.
A HUNDRED YEARS AGO SEPTEMBER 6, 1921
Anniversary celebration
The birthday anniversary of the late Dadab-
hoy Naoroji was celebrated by various asso-
ciations in Bombay last week end. At a meet-
ing of the citizens held under the auspices of
the Parsi Rajakiya Sabha, many political
leaders spoke. Mrs. Sarojini Naidu said that
this time they were going to prove their reve-
rence to the greatest of Indian builders, Da-
dabhoy by contributing their mite to relieve
the sufferers of Khulna and Punjab famine.
Mr. Shaukat Ali said that unless Government
settled the Khilafat and Punjab grievances,
they would unfurl the banner of indepen-
dence at the next session of the Indian Na-
tional Congress at Ahmedabad . Let Govern-
ment understand that all Indians, whether
Hindus, Mahomedans, Parsis or Christians
were ready to give up their lives for Swaraj.
He sincerely regretted the Malabar incidents
and assured the audience that he and his co-
workers had not been able to approach the
Moplahs as their language was different and
they were backward in education. He de-
clared that the Moplahs had acted contrary
to Mr. Gandhi’s Khilafat programme but in
the manner they had faced gunfire they have
shown that they were not the people who
would ever consent to be slaves.
A ND-NDE









  
   
  




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