PRESIDENTIAL OR PARLIAMENTARY FORM OF GOVT?

(WHY DO NOT YOU COME TOGATHER?)

Dr Man Mohan Singh said in New Delhi, while interacting with female journalists, that he is not as good orator as Advani is, but Advani is not fit for becoming PM of this Nation. Plethora of surveys coming on TV channels and print media are presenting pictoral graphs of popularities of Man Mohan and Advani. Well, a very few takes it seriously because most of them are conflicting to each other. Moreover, the type of questionnaire which are reported to have been asked from the people, themselves smack elements of biasness. For instance, how can one judge that Mr or Mrs X or Y or Z are the only candidates of a particular posts. In fact it is mockery of the entire serious issue involved in the democratic process.

Anyway the question is that who heads the nation. A man who has not even been elected by common people and voters? or a person who is running the election on his name. In fact when election process is over, the entire mandate and people's verdict is lost in political manoevering for getting the magic numbers in the Parliament. Ironically only those personalities play this nefarious game who never fights elections. What a mockery of the democracy.

Why do'nt we think interms of reshaping our democracy. Let the people directly elect the man who lead our nation. The back door entry in the house has vitiated the entire political mileu, therefore it should either be closed or contitution be amended that only a person can be nominated who has won loksabha atleast for one time. 

We can also think interms of electing the Head executive directly, yes I mean by Presidential form of govt. Let the people elect their leader directly. He, after being elected can form his or her govt. You see the irony. Man Mohan Singh is very good economist, an honest politician, but unfortunately not a good statesman.Advani, on the other hand is very good orator, statesman and administrator but is stigmatised as non-secular. Is it not a fatal combination that both of them are in the same cabinet. It is possible only when the above mentioned system is adopted. You take the example of Bihar. Nitish is proving a good administrator but the type of political system which we have, he has to bow down before such elements which is not suited to governance. After all the government has to rest on the requisite numbers of MLAs.

Time has come that we should ponder seriously interms of reshaping our political system. Why do not we start a national debate on it, afterall democracy means people's choice which rests on popular will. We can held a plebecite on this issue also. I am sure that the nation will vote in favour of a change.

CODIFY THE MODEL CODE OF CONDUCT ITSELF

GIVE SOME TEETH IN ITS JAWS

Constitution of India has bestowed the responsibility of conducting election on the Election Commission of India (ECI) under article 324. This article provides for ‘Superintendence, direction and control of elections to be vested in an Election Commission.—(1) The superintendence, direction and control of the preparation of the electoral rolls for, and the conduct of, all elections to Parliament and to the Legislature of every State and of elections to the offices of President and Vice-President held under this Constitution shall be vested in a Commission (referred to in this Constitution as the Election Commission)’

Thus the ECI has been given constitutional status so that it could conduct the election in a free, fair and peaceful manner. The independence of the Commission has been guaranteed under 324(5) of the constitution as it reads ‘Provided that the Chief Election Commissioner shall not be removed from his office except in like manner and on the like grounds as a Judge of the Supreme Court and the conditions of service of the Chief Election Commissioner shall not be varied to his disadvantage after his appointment.

Election is the pivot and corner stone of democracy; therefore it has to be conducted in a free, fair and peaceful manner. For this purpose, the Parliament enacted in 1951 the Representation of People Act and subsequently conduct of election rules to this effect was also framed in 1961.

India went on poll for the first time and it was a huge success both in terms voters turn out and peacefulness. India made tryst with destiny in the real sense of the term as dreamed by Nehru in his famous midnight speech on 14 August, 1947.

After few years, the ECI issued an order to regulate the activities of the political parties and their candidates and also to take punitive actions for violations if any. 

The ECI, in exercise of the powers conferred on it under article 324 of the Constitution, section 29A of the Representation of the People Act, 1951 (Act 43 of 1951) and rules 5 and 10 of the Conduct of Elections Rules, 1961 made an order called the Election Symbols(Reservation and Allotment) Order, 1968.

This step of ECI was a milestone in the electoral history of Indian democracy in the sense that it laid the foundation stone of model code of conduct. After every election, parliamentary or state legislative, the ECI felt the need to add more teeth into its jaw and gradually some sort of a set of regulatory guidelines with regard to political parties especially those in power and ministers, officers etc was required to be framed.

First step towards evolution of a set of code to regulate and monitor the activities related to the process of election was taken by T.N. Seshan in 1991, when he issued a set of instructions called Model code of conduct or MCC. Although this set of instructions did not have any legal or statutory backing, it was advisable on part of political parties, particularly those in power, officials related to conduct of poll etc to adhere to these instructions. This is how the seed of the present day model code of conduct or MCC was sown. There was a lot of hue and cry as to whether or not ECI or for that matter CEC can issue such advisory or instruction or not and if whether it can have some statutory effect at all.

Legal luminaries may be divided on this issue but the ruling of Apex court in this regard is worth mentioning.

In 1978 itself five Judges constitutional bench of the Supreme Court held in Mahinder Singh Gill versus CEC AIR 1978 ‘ the constitution contemplates a free and fair election and vests comprehensive responsibilities of superintendence, direction and control of the conduct of elections in the election commission. This responsibility may cover powers, duties and functions of many sorts, administrative or other, depending on the circumstances.’

Thus the apex court cleared all doubts whatsoever with regards to the powers and functions of the ECI in matters of conduction of a free and fair election. It is perhaps due this fact the framers of the constitution have made provisions in article 329 of the constitution for debarment from interference by courts in matters of elections. 

Even then the matters of dispute did arise especially when Sehan played tough on the political parties. Keeping in view of the growing tendencies of parties in power to take undue advantage of being in power, the ECI inserted in 1994 (Notification. No. O.N. 42(E) 18th February, 1994). a new section called section 16A in the Election Symbols (Reservation and Allotment) Order, 1968. In fact the insertion of this new section marked the beginning of the process of giving statutory and legal touch to the Model Code of Conduct or MCC. By virtue this section, the ECI assumed power to withdraw recognition of a recognised political party for its failure to observe model code of conduct or follow lawful directions and instructions of the commission. This is how the model code of conduct in its present form came into being.

Even after insertion of the above provision in the Election Symbols (Reservation and Allotment) Order, 1968, the model code of conduct could not be made a statute, perhaps because the said order itself in a way was an executive order issued by the ECI by virtue of powers conferred on it by article 324 and Acts enacted therein. 

In fact, the notification issued to this effect itself says ‘in exercise of the powers conferred by article 324 of the Constitution 1[read with section 29A of the Representation of the People Act, 1951 (43 of 1951) and rules 5 and 10] of the Conduct of Elections Rules, 1961.

This MCC therefore, remained exposed to judicial scanning. The first legal opportunity to examine this code came in 1997, when a petition was filed in Punjab and Haryana HC challenging the EC powers which it drew by inserting section 16A in the Election Symbols (Reservation and Allotment) Order, 1968. The Court dismissed the petition and upheld the validity of the amendment made in the said order. The court observed that EC can issue directions to the govt and ask them to follow the Model Code of conduct. The court further said that the EC is entitled to take such steps for the conduct of free and fair election. Clarifying the confusion as to what would be the date from which the MCC would come into vogue; the court said the commission can invoke this MCC even before the issuance of notification of dates of polls also.

In 2000, the Union govt moved to the Apex court against the ruling of the EC regarding the date of Model code of conduct coming in force after the above order of Punjab and Haryana High court, and sought a favourable decision from the apex court. The legal battle went on between the govt and the ECI. In the mean time a compromise was reached between the EC and Union govt with regards to the date from which the MCC to come in force and eventually the Union govt withdrew the application from the apex court.

As per this compromise reached between the Union govt and EC, it was agreed upon that the EC would announce the poll schedule two weeks prior to the notification of the election and the code will came into force from the date the EC announces the schedule.

After this arrangement the model code of conduct comes in force with immediate effect after the announcement of schedule of polls.

CATEGORIES OF MODEL CODE OF CONDUCT- the model code of conduct thus is a compendium of circulars and instructions issued by EC invariably before every election and contain dos and don’ts. It is generally categorised into General conduct, Meetings, Processions, poll day, Polling Booth, Observers, Parties in power and some questionnaire. 

Although model Code of conduct as such is not enforceable as it lacks any legal vertebra, it directs the officials especially DEOs to lodge FIRs as and when instructions under this code are violated. The ECI directs the concerned authorities to lodge cases under different penal provisions of prevailing national or local laws.

MODEL CODE OF CONDUCT AND IPC- In Indian Penal Code (IPC) for instance, a separate chapter IX A has been inserted in 1920 by Election Laws ( amendment) Act, 1920 (Act 30 of 1920). This chapter contains section 171 only but over a period of time, depending upon exigencies; sub-sections have been added to it time to time. As on now, this section 171 contains nine (9) sub-sections i.e. 171-A- 171-I. Two amendments have so far been made, one in 1975 adding clause(a) and (b) in sub-section A of section 171 and other in 2003 wherein a provision in section 171-D was made to enable duly authorised persons to cast proxy votes.

Thus for most of the violations of MCC, cases are registered under the provisions of this chapter of IPC.

Similarly violating prohibitory orders invoked under section 144 of Criminal Procedure Code of 1974, cases under section 188 of IPC are registered which is a cognizable but bailable offence. This law has become almost toothless and people make mockery of it because even if you violate the prohibitory orders, police would have to set you free as soon as you are taken into custody. In fact cases are registered under this section 188 for any kind of act of disobedience of order issued by a public servant who is legally authorised to promulgate such orders. Therefore, technically speaking, if the model code of conduct is violated, FIRs can be lodged u/s 188 of IPC also because the ECI is empowered to issue or promulgate such instructions by virtue of powers conferred on it under Article 234 of Indian Constitution.

Apart from above mentioned sections, cases are also registered for violating model code of conduct in sections other than chapter IX of this code depending upon the nature of offence.

WALL PANTING AND POSTER PASTING- The wall panting or poster and pamphlet pasting on walls are also prohibited as per the instructions of MCC subject to certain conditions. Raising hoarding and banners are also prohibited. If such things come to the notice of the concerned authorities cases are required to be registered. Problem sometimes arises that under which law and sections do these cases be registered? The EC has furnished a list that instances for which cases under Defacement of Public Property Act should be registered. This is a local law and almost every state govt has its own law related to defacement of property. For instance in Delhi there is one Delhi Prevention of Defacement Act, 2007, in W.B there is one W.B Defacement of Property Act, 1976, in Bihar we have Bihar Prevention of Defacement of Property Act, 1985 etc. Thus, for every state there is a separate law. In some states it is cognizable and non-bailable whereas in others it is bailable and non-cognizable. It causes lots of technical problems for the ECI to issue one uniform direction to all the States. Similarly for use of laud speakers, we have a plethora of Acts and rules. Almost every state has a separate law or rule regarding the use of laud speakers. 

Under the above circumstances the enforcement of MCC in letters and spirits often becomes difficult. The officials have to use discretion and it is rightly said that discretion begets discrimination. 

MODEL CODE OF CONDUCT AND RP ACT 1951- in order to help ECI to conduct a free and fair election as enshrined in article 324 of the constitution, the parliament enacted a comprehensive law called Representation of People Act, 1951. In fact it contains provisions to regulate the activities and conduct of both political parties as well as poll officials. It is therefore can be said the precursor of MCC. If a glance at this law is made, it clearly stipulates the provisions related to violation of MCC. These provisions are inserted in PART VII and titled as CORRUPT PRACTICES AND ELECTORAL OFFENCES. The chapter-I of this Part contains provisions related to Corrupt Practices and has one section 123 only. CHAPTER-III of part-VII of this Act is titled ‘Electoral Offences’ and contains sections like 125-Promoting enmity between classes in connection with election, 125A- Penalty for filing false affidavit, etc., 126-Prohibition of public meetings during period of forty—eight hours ending with hour fixed for conclusion of poll, section 127-Disturbances at election meetings, section 127A-Restrictions on the printing of pamphlets, posters, etc., section 128-Maintenance of secrecy of voting.

Last but not the least is section 8 of RP Act which deals in disqualification on conviction for certain offences. Sub-section 3 of this section says ‘ A person convicted of any offence and sentenced to imprisonment for not less than two years [other than any offence referred to in sub-section (1) or sub-section (2) shall be disqualified from the date of such conviction and shall continue to be disqualified for a further period of six years since his release.’

Sub sections (1) and (2) of section 8 contain a list of offences in which quantum of punishments is less than two years but still then the convicted persons are liable to be disqualified. 

NEED OF A COMPREHENSIVE ELECTION LAW ENLISTING MCC- In the above mentioned situations, the RP Act of 1951 has become almost obsolete especially due to amendment made in section 41 of Criminal Procedure Code which now prohibits arrests for an offence, the quantum of punishment for which is less than seven years. The plethora of penal laws, rules and orders with regard to violation of MCC has become a vexed problem both for the election related officials as well as for the political persons. Many a time acts of disobedience are committed due to non-acquaintance of laws pertaining to a particular action. Moreover what is the use of such directions or code which themselves are not codified. It is therefore advisable on part of the govt as well as ECI to take steps in this regard and enact a comprehensive legislation incorporating therein all relevant provisions connected with entire gamut of election processes.

Till date, all offences related to violation of model code of conduct are dealt in accordance with the provisions of Criminal Procedure Code, it therefore take very long time in reaching a case to the logical conclusion. The proposed legislation as discussed in above paragraphs, therefore should be enforced by a special rule also. Meaning thereby that special processes and special courts should be evolved so that these offences are tried and reached to logical legal conclusion. The present day scenario is that everyone believes that nothing happens in such cases. Even the officials are of the view that file some cases to escape the apprehended wrath of the ECI, once the election process is over everyone tends to forget about these cases. In fact, this notion about the ECI and cases of violation of its directions are very detrimental to our democracy and therefore this state of affairs must be changed. The concept of 'speedy trial' in some selected cases has been a very successful exercise in the state of Bihar.The percentage of conviction in relation to the national average has gone up in a short span of time. The cases under Arms Act, 1956 and Prevention of Corruption Act are being disposed off at a fast pace. The number of convictions in Bihar has risen to a spectacular proportion. This concept can be utilised in this matter also. After all, elections and democracy are the twin pillars of our political institutions which ought to be protected against any decay and degeneration.

WILL G-20 BE 2ND BRETTON WOOD?

(WIIL YOU CARRY ME TOO ?)

Will the forthcoming G-20 be 2nd Bretton wood or the media hype will collapse like the financial architecture of the west including America? It will be unravelled within a couple of days from now.

All developed nations seems divided on the issue as to what strategy should countries adopt so salvage the sinking economy. The Anglo-American lobby is of the view that all nations including the developing third world countries should imitate and prescribe for stimulus packages in order to inject liquidity into the economy. Before Obama, Bush has also enacted TARP in order to rejuvenate the ailing US economy. The 700 Billion dollars rescue and bailout package has sunk after making initial ripples. The 800 plus billion dollars 2nd rescue and rehabilitation Act enacted by Obama is yet make its healing effect felt. 

UK has already unveiled 786 US dollar rescue package but it too has failed to give any impressive positive improvement in the economy. Gordon Brown, one the other hand is to face general elections in his country next year. Tony Blair, his predecessor, who has earned a reputation of being a satellite to Bush has made his countries economy only subservient to the USA. His most of the statements used to be in resonance with that of Bush. Brown wants that this legacy of his predecessors to be carried forward. Thus, both Brown and Obama are staunch supporter of the view that the present global economic downturn can be turned around by stimulus packages and injection of more and more money into the financial systems. They advocate for more free trade, more lending by banks and more innovating steps by the financial systems, but conversely in their respective homes, they resort to protectionist measures. 'Buy American clause' in the Obama’s much publicised economic drug therapy to jerk start the terminally paralysed US economy, is an living example of protectionism trade policy. The restriction in H1B visa is another example of similar protectionist attitude of the Americans. The British followed the same trend. British's call 'british factories for britons' augument this trend and it seems that the champions of free trade and free society are scared themselves and are shutting down their own shutters to stop apprehended influx of job seekers.

Germany and France on the other hand are averse to those steps in which more and more money is injected into the economy . Markel is wedded to the idea of tightening the screws of financial institutions. She has blatantly refused the line of treatment prescribed by the duo,Brown and Obama.

Sarkozy also did not favour Obama-Brown’s prescriptions of pumping money into the economy. In fact in the garb of this whole financial and economic muscle flexing, the politics is being pursued that who emerges the leader of the world. Sarkozy and Brown, on the other hand are hornlocked to win the game. Those who win will be the european leader. Thus behind the curtain the issue is that who will lead the world. 

America revealed its unhidden desire to lead the world when Obama reiterated that US is ready to lead the world and the world should follow it. He has forgotten that US is no more in the pre-global recession period. Moreover, this contageion has originated and exported to the rest of the world by none other than the US itself. The unquestioned hegemony of Americans in the field of economic arena is being undermined. It has already under stress. Its treasury bills have been purchased by Asian giant, China. The new term ‘Chimerica’ coined by Niall Ferguson has projected the forthcoming global economy and position of China in it. ‘Together we swim and separated we sink’, a slogan given by Americans has made it clear that Chinese would definitely get a lion’s share, and not dragon’s share in the new emerging global financial order which is likely to emerge out of the G-20 London Summit.

Obama’s assertion that world needs America and so does America, discloses the gravity of situation. US, hitherto the self acclaimed economic and military leader of the world, has started talking about philosophy of coalition, cooperation and partnership. What a huge change of attitude! Continuing its state of inertia, even Obama is not pursuing consensul politics. If you continue to take unilateral decisions and expect that everyone would follow it, is not going to serve the purpose.

America needs world more desperately than ever before, but at the same time, it still wants to drive the vehicle of global economy by itself, a vehicle which met accident ( global economic downturn) due to its recklessness only. We therfore, need to change the driver itself and assume the steering the economic vehicle of the world so that the next journey is safe and it could reach destination. 

What, then we, ought to do at the G-20 summit? The world is standing at the threshold of a new era, a post American era. Let the leadership be changed. Emerging economies of the world, china, India, Brazil, South Africa, Japan, South Korea etc are in the waiting queue. Not only the World financial architecture but in fact the entire world order as whole, need to be changed. After all Obama, himself had said that the change has arrived.

CHINA STAKES CLAIMS IN NEW GLOBAL FINANCIAL ORDER

(WILL CHINA RULE THE NEW WORLD?)

China has demanded that a new global currency should be intruduced in place of US dollars. The Central Bank Governor Zhou Xiaochuan has said that the US dollar should be discontinued with as the global currency. It is pertinent to mention that USD has never been officially accorded status of global currency and it gradually ascended to this position. The Briton Wood Conference of 1944 held in Hamshire of USA which led to establishment of a new global financial order had earmarked gold as yardstick of monetary exchanges. It was however USA unilaterally abrigated this system in 1971 and gradually the entire globe including Europe adopted USD as global currency 

‘Bretton Wood system’ of monetary management came into being after a meeting attended by 730 delegates from 44 allied Nations who gathered in Mount Washington Hotel in Bretton wood, New Hampshire on 22nd July, 1944. 

This agreement led to establishment of two important financial institutions viz IMF and IBRD. This ‘duo’ played very important roles with respect to economic and financial order of the world thereafter. Although, this system sought to establish a just and equitable global financial order, it was hijacked by US and some European countries right from the outset.

The on going global economic crisis and subsequent worldwide recession has forced the world to think for a new global financial order based on more equitable and justifiable rights of nations across the world. The G-20 summit in London on 2nd April, 2009 is perhaps going to the 2nd Bretton Wood which would reshape global financial architecture.

China has emerged as one of the mightiest economic power of the world. The concept of Chimerica is being viewed in this perspective.At present China is holding US treasury bills worth of about 1 trillion dollar, equal to the total GDP of India. In a non-economic termnology, USA has begged money from China to save its ailing economic situation especially financial markets. What a great reversal of situation.This Asian dragon has in a way invaded USA, hitherto world's superpower both militarily and finanially. The growing economic power of China is also menifest in the fact that USA has accepted China's suggestion that both these countries i.e China and USA should form an another group G-2. USA has reported to have accepted China's proposal of holding a separate meeting with USA after G-20 meeting. The unconfirmed report suggests that this G-2 meeting would be held on 14 April, 2009. This acceptance has two global significance. Firstly, it has legitimised the claim of China vis-a-vis world number two economy. Secondly, it has testimonised the fact that USA is desperate enough to accept the Chinese suzerainty over its economy.

China understands its importance in the new world order. It wants a lion's share in the proposed new global financial order. It has started making its jittery felt in the world echelon so that its claim is properly heeded at in the forthcoming G-20 summit to be held in London.

China knows it very well that such demands would not be enthusiastically reciprocated by most of the nations. This is muscle flexing rather than real fight. It is an economic gesture which would pay divident to it. On the other hand India has done so far no exercise in this regard. What would be its agenda in the G-20 summit is also not clearly spelt.Unfortunately, during the summit India would be immensely busy in general elections and no minister, bureacrat or body is interested in even discussing this issue. Ironically the media has so far also not properly discussed this issue. There is no debate whatsoever on this vital issue,an issue which would determine the fate of Nations including India.

China's economy is growing with a considerably good pace.Its forex reserve is in happy situation. It has started staking claims for its share in the global order,alas we could have also thought in this way and could have mustered the courage to say what we want.It is an old Indian saying, only crying child gets milk feed.

CONVICTION VERSUS ELECTION

(WHERE TO BE KEPT?)

COVICTED PERSONS TO BE ALLOWED OR NOT TO FIGHT ELECTION

Sarita Yadav

Election and offence; poll and crime are like twin brothers and go side by side. The question that whether the convicted persons should be allowed to fight election or not has remained ambiguous in spite of clear cut provision to this effect made in Representation of People’s Act. In fact section 8(3) which reads as ‘A person convicted of any offence and sentenced to imprisonment for not less than two years [other than any offence referred to in sub-section (1) or sub-section (2)]shall be disqualified from the date of such conviction and shall continue to be disqualified for a further period of six years since his release.’

Apparently, it appears that the provisions are too simple to be interpreted and therefore should be easily and unambiguously enforced.

With the passage of time, the criminalisation of politics started and more and more numbers of politicians started pitching themselves into electoral fray. The matter came to fore only when the sitting MP or MLAs got convicted by the competent court in which quantum of punishment was more than 2 years.

In 1997 the ECI reiterated its legal stand and directed all the returning officers to disqualify any candidate who remained convicted for more than two years irrespective of status of appeal.

In this very year, this matter came into a legal battle between ECI and J.Jaylalitha. She had been convicted in TANSI case under provisions of prevention of corruption Act (PC Act 1988) for more than three years, therefore in view of the direction of the ECI, her nomination was rejected and she could not fight the election. 

In spite of it she was sworn-in as CM of Tamil Nadu by the Governor, Fatima Bibi, a retired SC Judge. There were lot of legal battle and finally she had to quit till her conviction was stayed. Supreme Court however ruled that anyone can be appointed as CM of a state as per article 164 of the constitution but the matter remained unresolved that whether the convicted person would fight election or not.

This matter remained unresolved and hardly any person could be disqualified by the ECI from fighting election on the ground of conviction in accordance with the provisions of RP Act.

This issue again come in light when sitting MP of BJP and cricket star Navjot sidhu was convicted by the Punjab and Haryana High court in December 2006 under section 304 of IPC for 3 years. Sidhu resigned and subsequently bye election was announced. Sidhu sought to fight the election again. The matter was taken to the Supreme Court and the apex court gave reprieve to sidhu and temporarily stayed his conviction, thus siddhu fought election and won.( Navjot sidhu vs state of Punjab and others appeal (cri) 59 of 2007. 

The stay of conviction by appellate court in general is interpreted in favour of the convict and nominations of such candidates are accepted by the RO. 

This ruling of the apex court in Navjot Sidhu case has opened a Pandora box vis-a-vis conviction versus elections.

In the present general election 2009 for constitution of 15th Lok Sabha, so many convicted persons have either filing nominations or aspire to fight elections. Sanjay Dutt, the film star, Md Sahabuddin, Surajbhan, Pappu Yadav, all sitting MPs from Bihar have been convicted by courts. Now all of them are on bails. Md Shahabuddin has been granted bail only two days ago by Patna High court. He has however been denied from fighting elections. Sanjay Dutt has already been convicted under Arms Act, 1956 for which minimum quantum of punishment is 7 years. Thus Dutt’s case is also a fit case of disqualification from fighting election. In UP the mafia don Bablu Srivastava has also been convicted but he has not been granted bail. The question is that whether he should be allowed to fight the fray if he gets bail. If yes, then how people like Abu Salem, Kasab, Afzal etc will be prevented and disqualified from fighting elections.

In UP and Bihar names like Anand Mohan, Muktan ansari, Atik ahmed, Raja bhaiya etc have either been convicted or facing trials for offences like murder, attempt to murder etc, most likely many of them would be successful in fighting election due to the prevailing situation which is far from satisfactory. Lawyers like Prashant Bhusan categorically say that the judgement of Apex court in sidhu’s case was not correct. In fact this judgement has become a case of precedent. Ours is a law of precedent and the judgement passed by the higher judiciary becomes as good as law itself. Taking the advantage of this provision, the criminals make mockery of the entire system. 

Coming to the crux of the matter, legal issue involved in these cases is that whether stay in conviction should be treated as acquittal. If the provision of the Representation of People’s Act, 1951(section 8(3)) is taken into account, it is clear that once the person is convicted, he will disqualified and cannot fight election for the next 6 years after his release.

The legal luminaries are vertically divided on this issue. One school of thought is of the opinion that a person cannot be held guilty till the last legal option available to him is exhausted. It means that a person cannot be said to have been convicted if he has filed an appeal before the superior court and the court has accepted it for hearing. Some legal experts however say that acceptance of petition for admission and suspension of conviction is two different and separate things. They further maintain that if the conviction is suspended only then the person can be said not guilty or convicted. 

The problem in our country is that if this proposition is accepted, hardly any criminal can be prevented from fighting elections because in India the provisions of appeal, in different nomenclature like SLP, LPA Single Bench, and Double Bench etc are numerous and they can go on years and years before all options are exhausted. In fact taking advantage of this very provision, large number of criminals succeeds in fighting elections and makes a mockery of section 8(3) of R.P.Act, 1951.

The other side of the story is that if this provision is implemented in Toto, large number of political activists would be deprived of their political rights to fight elections, because instances of fabrication of false cases against political rivals by party in power are abundant. It is therefore a balance has to be strike and ensure that the criminals do not fight elections. 

The time has come that we should make suitable amendments in RP Act because the provision of 2 years imprisonment for disqualification has become obsolete after amendment in section 41 of Criminal Procedure Code which prohibits arrest by Police in a case in which imprisonment is less than 7 years. The RP Act should be made an integrated, comprehensive and complete law for election matters which may incorporate provisions of model code of conduct also, because right now we do not have any special law for model code of conduct and this code is nothing but a compendium of circulars and instructions issued by ECI time to time. Model code of conduct as such is not enforceable in the court of law until it is reinforced by other penal provisions prevailing in different parts like IPC, Public property defacement act, Laud speaker Act etc.

REGULATION VERSUS INNOVATION

(SANK ALONG WITH DREAMS OF MILLIONS OF PEOPLLE)

The collapse of financial institutions including Lehman Brothers, Merrill Lynch and a host of such Banks has raised the issue of regulation versus innovations in financial institutions across the world. The immense financial leverage, excessive and bottomless greed amognst the money managers of the financial markets are among the most important causes of the present global economic meltdown and subsequest recession.

According to one estimate, the financial leverage which hovered around 108% of the Global GDP in 1980s, swelled and balloned upto 600% in 2007-08. The global GDP in 2008 is estimated to be around 54 Trillion dollars, it means that the financial markets inflated this ammount to about 32400 trillion dollars. What a greed and what an illusionary state of affairs in the financial markets!

Anyway, the catastrophe in the financial markets has spread like contageion and the subsequent infections are taking tolls in sectors other than the financial market.The world is facing a situation which is even worse than that of 1930s, the first depression the world experienced. Jobs are being cut and rate of unemployement is soaring.The most robust economy of the world is begging money from China, the asian dragon. The financial ailment is menifesting in social and political spheres in forms of suicides, pychiac problems, social tensions, strikes and processions.

All these unrests have compelled the govt as well as civil society to recommend to and prescribe for certain restrictions and regulations in the financial sectors in particular and other sectors in general. The financial sectors especially Banking sectors and stock markets are averse to these regulations. They advocate against any regulation because, they say that it is against the principle of free market economy. They argue that regulations would stifle and nip the pace of innovations.

The questions which obviously everyone would like to ask that all innovations so far made, have they come from these instituions? Have these institutions been architect of any such innovation in the past? If it is true then they have a valid point in favour of their arguments. But the facts available with the financial history says that a very few or negligible number of innovations have come from these institutions. Conversely these institutions have prescribed for complications only. They do mame innovation, but not for the shake of common people or for the betterment of the nation as a whole, but for making money, fudging balance sheets as they have done it Satyam, enhancing the price of shares and above all for the overall interests of big corporate houses. The fat documents which one common investor has to sign before investing a penny in the stock market is beyond the understanding of even a savvy investor. The jargon of words printed in tinny alphabets which cannot be read without a magnifying glasses is certainly not an innovation, these institutions are talking about.

Moreover, there is no synchronisation whatsoever between manufacturing sector and financial sector. The amount of money involved in speculatory markets are much more higher than the real value of the manufactured goods at a given point of time. This over stretching of financial markets have been going on for years. This resulted in extremely inflated balloning of financial transactions. In fact it reached to a point of burst, because it was bound to burst as it happened in case of America or other parts of europe. We call it 'housing bubble.'

On the other hand the innovations per se have mostly or perhaps invariably come from government institutions rather than private commercial or investment banks. In India for instance, the new economic policy of 1990s propounded by Narsingh Rao govt with Manmohan Singh as finance minister had been architect of financial reforms. This came from govt not from private institutions. Infact the private commercial and investment banks in India and around the world also always innovate for their own monetary interests and not for private individuals.

In America, Eugene Fama's 'efficient market hypothesis'which later became the basis of less regulations in financial markets did not belong to any commercial or investment bank, rather Fama belonged to academia. Thus the very logic of these institutions that the regulation would stifle the pace of innovation sounds hollow and is without any merit.

The time has come that we should strive for framing rules that protect the interests of the common investors in general and poor citizen in general. After all the govt can not be allowed to be minimised to a titular authority and a hopeless and silent spectator. The manner in which AIG has spent the hard earned money of tax payers which it received as bailout package from the federal govt, has revealed the urgency of some statute which can prohibit such reckless, shameful and irresponsible actions on part of such financial institutions. Even after Obama's clearcut instructions and warnings with regard to bonus being paid by company which has received money from govt, AIG in an outright desregard spent or better call it misused the money on the executives at whose fault the catastrophe occurred. Thanks to Obama who lost no time and framed a law which would levy 90% tax on bonus given in the company which has received money by govt to bail them out.

Few months back, Man Mohan Singh made similar requests from the Corporate houses to trim the fat salaries being paid to executives, but it was laughed at by many CEOs saying that grams can attract only monkeys. Such nouns are utter disregard to our constitution and authority of the land. We too require such laws, after all how can we allow oasis to develope in the deserts. 600 millions have no electricity, similar number live in BPL, 700 million can not spend more than 12 Rs/ a day on them. These facts and figure are not only the statistics of economists but are the hardcore and harsh realities of our nation.

AMERICAN FOREIGN POLICY IS CHANGING

(NEJAD;COME AND WRITE A NEW CHAPTER IN WORLD HISTORY)

Obama's videotaped message to Iran in particular and arab world in general subtitled with arabi telecasted on some channels an you tube is a milestone in the foreign policy arena of the USA. The message on the 'navroj', beginning of spring month for muslim world for Iranians is being attached immense significane by a host of foreign policy strategists and think tanks across the world.Obama said that US wants a new beginning of relations with Iran. He emphasised that Iran is entitled to a rightful place in world order, but it can not be achieved through guns, he added.

Obama's speech may and should hopefully end thirty years old Iranian-American hostilities, which has begun with the hostage crisis almost thirty years ago in Iran which lasted for more than 444 days. The broken diplomatic relation between the two nations has already done immense damage to the world community. This isolation must be put to a ceremonious end.

Outlining the changing geo-political and balance of power situation, Obama said in an emotional blended with diplomatic tune, that Iran must be given its due say and a place in the International world order. He worded the importance with a caution that,Iran deserves such place but it can't be achieved through use of nuclear weapons and WMD. Obama, reiterating the commitment of the US administration towards disarmament, said that such weapons find no place in the present world. Obama touched the sensitive nerves of Iran by saying that Iran has a rich cultural heritage and Iranian people are great. With the repository of knowledge and rich culture, Obama said, Iran can contribute in a significant way to the world order.

As expected, the world community including the west has responded very enthusiatically to this what is being dubbed, change in American policy towards Iran. Iranian President Ahmadi Nejad has reacted positively too, but he said that the words of America should be translated into actions and deeds. In a televised message, Nijad said that he does not see change in US stance on Iran. This does however not mean that Iran has refused the gesture of Obama flately. It is a diplomatic move and hatred of such magnitude embedded in American and Iranian society can not be eradicated in one single stroke. America has a long way to go before it reaches to the destination. It has to show the political sagacity to accept that the world has changed so it should also change its perceptions with respect to all the members of the world community. American perception about democracy and liberty needs morphosis. The American type democracy can not be exported to everywhere in the world. It has failed in Afghanistan and Iraqe also. World is a plural society with a plethora of culture and thoughts. How can one claim supreority over others?

I had urged Obama on dated 14 March (refer my article titled ' Obama; make a new global economic and social order'), to strive for reconciliation rather than hostilities. The entire world is watching this new incarnation, the Obama, and is perhaps the last hope of the world to end all around hostilities and hatred.

The era of hatred and mistrust must be removed and removed for ever. The grotesque legacy of Bush and his predecessors are the huge diplomatic liabilities on Obama which he has to bear and write off sucessfully. The world economic meltdown is in a way also generated by USA and exported to the whole world.The world had to face a number of useless but devastating wars. In order to impose and super impose American type democracy, Bush and his father tattered the social and economic fabric of the globe and it will take years and years to stich them well and restore the pristinity. Bush and his father's hatred had been heard time and again in the words like ' axis of evil empire' and ' rogue states' etc. These adjectives smacked and smelt hatred blended with racial discrimination. This must end. US has to learn the art of paying respect to others, if it really wants to be respected by all. You can buy wars, win victories but no money can buy peace, this is the ethos of our Indian culture and religion. Americans must learn art of living. Excessive and bottomless greed has thrown us in a bottomless pit of miseries. Obama has rightly asserted and exerted that govt must perform and act. Reagan said that govt must not act in the business becasue he said, if govt acts it brings perils. Such notion and such economic theories have faild miserably. It is not socialism or communism in making as many people claim, it is the constructive and socialistic capitalism. Human beings are the pivote of all economic theories and no economy can thrive and survive killing millions of people by putting them in poverty.

Any way, Obama has made the grand beginning in this regard. It must be carried forward. All nations,all diplomats and politicians and above all all members of civil society must respond and reciprocate to this call enthusiastically. Let a helping hand be extended to make the world a better place to live in. God has created it to make love, to live and let other live.

The theory of clash of civilisations propounded by Samuel Hustington is proving wrong, it should be proved wrong

IS PAKISTAN IN TRANSITION?

OCEAN OF PEOPLE IN WHICH ZARDARI'S ARROGANCE SANK

Pakistani establishment tasted people's power twice in recent times. First during the Parvez Musharaff's regime and second in the present Zardari's period. Incedently in both the cases deposed Chief Justice Itkhar chaudhari was the central issue.

When Parvez Musharaff dismissed Justice Chaudhari, the entire legal fraternity rose in defiance. The lawyers started the movement for restoration of what they called, judicial independence. This movement gradually gained in momentum with the confluence of urban middle class. Naturally, when mobs gather, leaders assemble. Nawaz and Benzir joined the movement and gradually this entire movement metamorphosed into an allout and full fledged war against Parvez Musharaff. The situation in Pakistan, then, started deteriorating and taking advantage of the chaotic political and administrative sitution prevailing, USA also exerted immense pressure on Musharaff under which he succumbed. The military dictatorship in Pakistan again came to a bloodless end.

Taking cue of the movement, both Benzir and Nawaz rode the people's movement. Elections were announced, but unfortunately Benzir was shot dead allegedly by the terrorists. Elections were held and none of the political parties secured absolute majority in the National assembly.

Any way the first priority among all the waring factions in Pakistan that time was restoration of democracy by formation of government therefore both Zardari, the widower of Bhutto,and Nawaz reached on a truce and zardari formed the govt.

Zardari, essentially a businessman, tainted with serious corruption charges, wanted to keep maximum powers with him. Althouth Gilani, comparatively a less known face and clean image political figure, was made the PM, Zardari retained the reigns of power. He did not do away with the provisions in the constitution (article 52B) which empowers President to dissolve the Parliament. He committed the same mistakes. He took Pakistani people, especially middle class, for granted. He committed blunder again and did not reinstate deposed CJ of SC.

Nawaz, in the mean time was gradually going into oblivion. He was in quest of an oppotunity to come back in the mainstream. He got this god sent opportunity when the SC in a verdict disqualified Nawaz and his brother, the CM of Punjab from holding any public elected office. Zardari, a naive politician hurridly removed Shahbaz from CM ship of Punjab and imposed governor's rule. This political immature and miscalculated step of Zardari costed him dearly.

Now the situation was ripe for Nawaz to launch an all out war against the establishement. 'Long March to Islamabad' this slogan was given by Nawaz which mustered unprecedented support from the lawyers and middle class.The muzzled media in Pakistan too came in sharp against the government.The Long March gradually became the anti-government protest rally in which hundreds of thousands of civilians, human right activists, lawyers, students and above all political workers started joining. Zardari left Musharaff behind so far as mechanism to tackle this problem is concerned. Kayani met PM Gilani and speculations in domestic as well as international media that Zarari is going to be ousted by a Military coup. One minister resigned so did a host of police officers. It was an unprecedented situation. The clash was imminent. USA, thank god could learn the mood of common pakistani, and exerted Zardari to yeild. Like a good mama's boy, Zardari accepted the demand of restoration of Justice Chaudhari.

Although, till now the main issue of restoration of Judiciary had been hijacked, the sudden retreat of government on the main issue left Nawaz with no option but to call off the stir.

This episode of a high voltage dramma has again showed that the people can and only common people can change the fate of Pakistan. What we need is this type of movement against terrorism and militancy. No establishment whatsoever is more powerful than the voice of common man, what a power it posses!

OBAMA; MAKE A NEW GLOBAL ECONOMIC AND SOCIAL ORDER

(HARBINGER OF PEACE AND EQUALITY?)

Obama' 100 days in white will be completed within few weeks from now. Keeping his promise on various other issues, he has moved on the path to end hostilities with a number of Nations. It is being viewed as a good sign across the world. The age old strict restrictions against Cuba, the sole communist island, seems to have been easing. Obama is all set to sign a bill which will enable American-Cubans to visit Cuba once in a year in place of once in every three years. The upperlimits of remmittences is also likely to be enhanced. Now the American-Cubans can be able to stay there for more longer periods. The signing of this historic bill by Obama will be remembered as a milestone in the History of not only of USA but also of the whole north America. 

The history has taught us that the hostilities and acromony have paid nothing but hatred and devastations. The world and its constituents, the countries, cannot have a stereotype democracy, the democracy of American type. It has now proved beyond doubt the every country, small or big, weak or powerful, rich or poor, all like and love sovereignty and no one likes interference and infringement on his liberty. They fight back and fight to the last of their blood. 

Raul Castro and Fidel Castro along with common cubans have hailed this shift in policy of American but with a caution. Only time will tell that wheather it is a change of heart or simply a strategic retreat or a diplomatic manoevering.

In Afghanistan also, America is to start a fresh initiative. Making a huge departure from policy of Bush, Obama has the audacity to accept that they are not winning the war in this strife torn tribal territory. Making a U turn in the established policy based on proud and arrogance rather than realism, Obama has hinted to engage some Taliban's elements in dialogue. American can simply not afford to continue with this seemingly unending war in Afghanistan. Understanding the complexity of the geo-strategic composition of this region, Obama has rightly invited Iran to participate in a regional conference on Afghanistan scheduled in this month itself.

But, before this, USA will have to show sagacity on many fronts and in many areas. Intense hatred is one of the grotesque legacies Bush has left, which naturally and unfortunately Obama had to inherit,therefore this hatred has to go and sense of mutual trust has to usher in before any meaningful dialogue or excercise would start. 

Iran has reshaped its economy and foreign policy in such a way that it has become a power to reckon with. No arrangement in this region can be stable and long lasting without engaging Iran.

Obama has a long way to go on the way of reconciliation. Still there are so-called think-tanks and power lobbies in USA which enjoy immense influence on its policy framing comtemplation.

USA is also willing to 'reset'its relation with Russia. Hillary and Sargai Lavrov have meet in Geneva and have held discussions on various issues ranging from south asia to middle east. Afghanistan definitely would have been discussed. US has already solicited Russians help in maintaining supply routes into Afghanistan. Russia can play a vital role in arranging a dialogue with Taliban. Russians have a vast experience in this country as they too have had to face wrath of Islamic fundamentlaists both in Afghanistan as well as in Chechnya.

Obama's stand of North Korea will also have ramification on the geo-political situation in this region. The words like 'rogue states', 'axis of evil powers' etc have no place in diplomacy as it worsens and aggravates rather than mitigates the problems.

India has not yet been given that kind of importance by Obama administration as it deserves. The international war aganist terror, with Pakistan into centre of policy and activity has not yet proved very successful. End of hostilities in this region is a pre-requisite of peace process to succeed. Richard Holbrooke has paid a customary visit to India and gave some stereotyped statements blended with realpolitik diplomacy rather than seriousness. Even after 9/11 America has not understood the pains of sufferings of common Indian. We have been inflicted more injuries by the terrorists than the combined attacks in America and whole of Europe including Britain. Unfortunately, even then the west has failed to understand and experience the throes of ours, the pain of Indians. Kashmir is still bleeding thanks to Pakistan and its supporter nations including America. Had America told in unequivocal terms, in the initial phase itself, to Pakistan to stop supporting terrorists and exporting terrorism into India, the situation would have not been so horrible and pathetic as it is today. The dual policy of Americans in south asia especially to keep India at bay has done more harms to the Americans themselves than it has done good to them.

The unabated and continuous supply of arms and ammunitions, military and monetary aid to Pakistan by USA has allowed the situation to go from bad to worse. Now it is slowly but definitely going to become 'Somalia of south-asia'. It has already become a 'failed state',but the tragedy is that, it will make others fail also. India's huge defence budget of more that 1 lakh crore which is more that 5% of its GDP is largely due to the hostile neighbour of ours. 

If USA wants a peaceful south-asia and central asia, it has to stop Pakistan from what it is doing today. The present political and security situation is also moving towards catastrophe and it should be prevented for the larger interests of this region. Let Holbrooke understand it and he should also make Obama understand this. Or else no one will be able to save Pakistan from extinction. 

A new dawn is waiting to appear on the globe. History has bestowed upon Obama a huge responsibility as well as an excellent opportunity to reshape the globe and redifine governance based on mutual respect and equality. We have to build a world wherein every one gets two sqaure meals a day and a roof over his head in scorching sun and chilling nights.

DEVELOPMENT IN AFGHANISTAN AND PAKISTAN; ITS IMPACT ON INDIA

(LONG MARCH; WAY TO ISLAMABAD SEAT OF POWER?)

The security environment in Afghanistan and Pakistan is changing very swiftly over a week. The war against terrorism in Afghanistan led by US is not making desired headway. General Patreus has admitted that they are not winning the war. In a diplomatic style, he of course said that the situation would improve once as proposed 17000 American troops reach into Afghanistan. But many experts in strategic and defence fields feel that situations in Afghanistan and Iraq are completely different. In Iraq the country was blocked and no tangible support or logistic inputs were available for the Iraqi insurgents, whereas; in Afghanistan the situation is different. Mulla Omar and Osama, both are alive and commanding their men, in Iraq after the capture of Saddam the insurgents were virtually leaderless and unorganised. They made some desperate attacks but thoroughly unorganised and ill coordinated. Taliban on the other hand is proving so far unmatched with world’s best army, thanks to the local tribal support from both in Afghanistan and Pakistan. 

The Taliban is gaining ground repulsing the govt forces from country side. In fact Karzai’s writs don’t run beyond Kabul. The ministers, governors, govt offices, embassies and even jails are not safe and Taliban is capable of striking anywhere any time. The high security prison in Kabul was blown and prisoners including Taliban inmates were freed. Situation is such that even Presidential palace in Kabul is considered ‘not safe’. The supply line across north-west of Pakistan is highly unsafe and US had to solicit support from Russia for an alternate supply route to which Russia did agree but with a bargain. It too wants a role to play in this region. 

The rampant corruption in Afghanistan amongst its bureaucracy, Police and diplomats is marring all efforts of reconstruction and reconciliation. Even American army officials are not exception to these pandemics. The good will, once generated after Taliban’s ouster from Kabul, is eroding. The Afghan tribes, the autonomy loving people are frustrated with these developments and therefore; the local population is getting hostile towards the alliance forces day by day. The call of Taliban to oust, ‘foreign mercenaries’ as what it call, from its soil is finding sympathetic space in the hearts of common Afghanis also. This emotional call of Taliban has aggravated the problem for American in Afghanistan.

Under these circumstances Obama has vividly accepted that American forces are not winning the war in Afghanistan and he candidly accepted that on principle he is exploring to engage, what he called liberal and moderate elements in Taliban, in dialogue. In an interview to The New York Times, he said he ponders outreach to moderate elements in Taliban. Richard Holbrooke, the special envoy of Obama’s administration might have advised US president to do so drawing experience from Iraq perhaps. In Iraq, Shias were engaged in dialogue and seems to have paid back in restoring some amount of peace. America wants to re-do this experiment in Afghanistan. Let’s hope and pray that this formulae works.

Well, only time will tell that whether any moderate Taliban really exists or not. Some experts are of the opinion that there is no good or bad Taliban and Taliban do not have any moderates, they all are extremists and religious fundamentalists.

This marks a major shift in the established American policy towards Taliban. This is going to have profound impact on security environment in the entire region, south-Asian region in general and Indian in particular. 

On the other hand the situation in Pakistan is fast moving away from normal. President Zardari's tactless handling of situation is worsening the situation in Pakistan. The law and order situation is fast deteriorating. The bomb blasts, suicidal attacks, growing influence of Taliban and terrorists activities in general are going unabated. On constitutional front, Zardari did not offer constitutional package. The constitutional changes which Parvez Musharaff had brought in inorder to keep unbridled power with respect to dissolve Parliament etc are still to be annulled and done away with. The interference of President in matters of governance is such that even appointment in PMO are being done by the President himself. The restoration of Judiciary in pre-amendment status to which Zardari had made written agreement with Nawaz, stiil awaits presidents nod. Above all, the imminent showdown between Zardari and Nawaz over the Supreme Court’s verdict which went against the Nawaz and his brother Sahwaz, is snow balling into an unprecedented situation of political crisis with the General Ashfaz Piarvez Kayani giving ultimatum to Zardari 'either to improve situation or face the music'. The reliable sources at Islamabad claim that the Army is tightening its belt for an imminent take over situation or at least to play a major role in the coming days, a role pakistani army relish to perform unlike many democracy in the world.

Pakistani PM Gilani met General Kayani on 12th, the Wednesday and speculation is rife now that Kayani wanted Gilani to play a bigger role, hitherto denied to him by Zardari. Although the PM’s official spokesperson and advisor to PM said that Kayani is of the opinion that army should be kept out of politics because what he said, the democracy has transcended after a decade of Military rule.Holbrook and American ambassodor has met PM and has taken stock of situation. Americans are keeping a close watch over the situation.

Zardari in a determined mood to stop the ‘long march’( 15-16 March, Lahore- Islamabad), to which Nawaz has given call, has ordered tough actions to be taken. Hundreds of political activists, lawyers and media persons have either been arrested or put under house arrests. The authorities have invoked section 144 in the whole of areas and a senior official in the interior ministry, Rehman Malik, who is said to be close aide to Zardari, has said that Nawaz and his brother may be booked under charges of treason. This action of Zardari has invited condemnation from many corners including America. Democracy and Martial law are like musical chair game in Pakistan. This time the history is likely to repeat again.

Nawaz and Zardari have been at logger heads from initial days of the government. Nawaz wants Iftikhar Muhammad Chaudhary, the deposed CJ of Pakistan’s Supreme Court to be reinstated, whereas; Zardari, being sceptical about Chaudhary’s intensions, wants to defer the matter to maximum stretchable limits. It is only when the SC in a verdict on25 February, this year disqualified Sharif and his brother the CM of Punjab province from holding any elected office, the situation triggered off towards direct confrontation. Zardari immediately sacked Shabaz as CM of Punjab and put it in President’s Rule. This was interpreted by Nawaz that the decision of the SC has come on the behest of Zardari. 

Even before this the security situation in Pakistan is fast slipping out of the hands of government over some time. The complete surrender of Pakistani government in swat valley which is hardly 100 Kilometres away from Islamabad, to Taliban is the testimony of ever-growing power of Taliban in Pakistan. The purchased peaces in once an alpine tourist valley swat in exchange of introduction of Shariat law has stopped the fire throwing mouth of the guns for the time being but the authority of the government has been thoroughly undermined. The advance of Taliban is undeterred and unchecked. In fact in the entire FATA, major parts of Baluchistan and Waziristan govt writs are not running. The situation is such that if one fine morning Islamabad itself is captured by the Taliban, no one should take it as surprise. Thus the political, security and economic situation in Pakistan are ripe for such things to happen. One thing is amply clear that the days of Zardari are over. Even if Military takeover is averted, Zardari, in all possibility, is likely either to be removed or forced to quit in a couple of weeks.

Taking into consideration both the developments in Afghanistan and Pakistan, the security situation in India is likely to be seriously threatened. How far after all are our borders from these areas? T.V channels telecasted that Taliban is coming ! Is it only a TRP driven rhetoric or do we really face such a situation, needs to be contemplated.

IMPACT OF THESE DEVELOPMENT ON INDIA- India has been the softest target of Pakistani militants, right from its birth as an independent nation in 1947. We all know and it is too obvious and simple a proposition to be discussed that the humiliating defeat of Pakistan at the hands of India thrice has forced it to switch over to proxy war and subsequently low intensity war in Indian territory. The ongoing terrorist activities in India are handiwork of Pakistan and it is proven beyond a shadow of doubt.

The subjugation of Swat valley to the Taliban is of special significance with respect to India. An unholy nexus developed between Al-Qaida and Taliban in Afghanistan in order to fight against the Americans. This nexus gradually grew and flourished and took the shape of international terrorism. Many experts in this field believe that all other small or big terrorist organisations in one way or the other are logistically linked with this grand alliance of Al-Qaida and Taliban.

The figures of terrorist attacks in India and for that matter elsewhere in the world have undergone a huge qualitative and quantitative change. The mechanism as well as intensity has enhanced. 

With the swat coming to the Taliban’s hegemony, this nexus has found a new base in Pakistan which is of immense strategic importance. Swat is hardly 100 kms away from Islamabad and roughly 70 Kms away from Peshawar. It these distances are calculated Indian capital New Delhi is hardly 758 kms away from Islamabad and Lahore only 427 kms. Obviously our western command will be very near to the swat valley. Pakistan has developed intermediate and short range missiles like Abdali, Ghaznavi, both short range, Ghauri, Ghauri I, II, medium range Ghauri III (ICBM) Shaheen, Shaheen I, II and III etc. 

Swat is just a sojourn of Taliban and Al-Qaida duo and they will consolidate their position here. Unfortunately, the command and control system of these missile and nuclear warheads are in the hands of military rather than civilian govt. It is a well known fact that there is one another unholy nexus between ISI and terrorists organisations. Thus terrorists, ISI and military trio nexus has negated all the efforts of reconciliation. Even some officials on condition of anonymity say that the special wing in ISI called "S' wing has been imparting training to talibans and Al-Qaida militants. In fact it is this nexus which has aggravated the problem of US because the kind of logistic and material support which this 's' wing provides to these outfits has enhanced the strike capabilities of these groups fighting against American forces in strife torn areas of Afghanistan and Pakistan. This nexus of ISI militants and muzahiddins in Kashmir has been revealed none other than by Nawaz Sharif himself regarding Kargil war.

It is in this perspective and situation, the recent developments in Pakistan is of serious concern for India. A democratic, stable, prosperous and non-fundamentalist Pakistan is in India’s interest. 

With the Talibanisation of this strategic territory of swat valley, the above mentioned threats are looming large on India. The security situation in Kashmir is likely to further worsen. The terrorist influx into Indian Territory will increase. Kashmir went to poll and a democratically elected govt under the west educated CM came to power. The peace process is moving forward with more and more people are coming to mainstream and its testimony was witnessed in huge turnout in the last Assembly election. Peace and democracy are enemies of terrorists, therefore; this situation is likely to be threatened seriously. 

If the situation in Pakistan is allowed to go to nadir, the grip of Taliban and other such forces would grow stronger and can seriously jeopardise the security of this Nation. 

Any complacency on our part in this regard can prove to be disastrous. Shiv Shanker Menon was in USA to meet his counterpart Hillary Clinton. He has held wide ranging dialogue with his counterpart and many others in America. He has rightly said that the Afghanistan problem should be viewed and resolved in an integrated fashion. He meant thereby that any diplomatic or strategic manoeuvring or retreat without taking into India’s stand would be disastrous and would meet with fiasco. India has rightly objected to Holbrooke’s reported attempt to drag Kashmir into his mission. Fortunately Holbrooke too could perceive Indian’s mood and categorically stated that Kashmir is not an areas US wanted mediation. However India has to be too vigilant and pro-active vis-a-vis developments in its North West neighbours. Parvez Mussaraff speech at India conclave only a few day ago smacked of Pakistan’s development. He wanted to incite Indian Muslims' sentiment against the establishment. Thank to rebuff given by Maulana Madni. United we stand divided we fall, though sounds an old and obsolete rhetoric, is the need of hour.

WHO WILL CARE FOR GANDHI?

(BAPU,WHO WILL UPKEEP YOUR LEGACY?)

One week ago, Gandhi again came in news but not for any satyagraha movement or non-violent sermons. This news or better call it an out cry was centered around some of his belongings which were put to auction in Antiquorum Auctioneers at Manhattan in USA on thursday the 5th March,2009.

All what happened, that a film maker and peace activist, James Otis had in his possession some belongings of Mahatma Gandhi, which he wanted to put to auction through the Antiquorum. He had wanted to spend the money coming out through this auction for pacifest causes. When the news of this auction broke, it snow balled in a tempest all around in India. The Indian government as well many organisations jumped into the fray but not to buy back gandhi's pricelsse belongings like steel framed spects, a pair of sandals, a bowl and a pocket watch, but to get the auction cancelled. Otis, the peace lover was hurt and wanted to stop the auction but it was too late and the auction went ahead as per schedule.

Vijay Mallaya, the liquor magnate and a Indian business tycoon participated in the auciton through his representative Tony Bedi who became the highest bidder and the belongings were sold to Mallaya at $1.8 Million. The tempest was rested now. Mallaya is expected to bring back these items of Mahatma within a couple of weeks. The delay in handing over of the items is due to certain legal formalities which has become necessary because of some legal wrangles.

This episode has raised certain issues which unfortunately are full of ironies and paradoxes. The Party in power, the INC claims to be the real successor of Gandhi and boasts of carrying forward the legacy of Mahatma and Gandhi-Nehru family is in power, though behind the curtains, but it too could not buy Gandhi's items back. Second parodox is that Gandhi had been a champion of prohibition throughout his life but his belongings are bought back by a liquor magnate, what a contrast. Well no one can say that patriotism is the repository of those who falsely call themselves as champions of nationalism. This episode has once again revealed that India resides in Indians rich or poor, political or apolitical educated and iliterates alike. 

$1.8 million is not a huge amount for the items of Mahatma, infact they are priceless. The energy which the government wasted in getting the auction stayed, should have been channelised in buying back these items.

Many organisations, institutions and many political parties run on the name of Gandhi,unfortunately no one come to his rescue, what a shame! The political parties that always make an issue out of trivial things,but alas! this time no one except a patriot business man saved the nation from being stigmatised.

There are hundreds of items of our great leaders in this country, uncared and unattended, but who cares for them? However,as soon as these items reach out to the hands of foreigners, they become pricesless. Is it a mark of our colonial mindset or something else?

TECHNOLOGY AND FIGHT AGAINST TERRORISM,INSURGENCY AND NAXALISM

(SECURITY IS NO MORE SECURED BY GUN ONLY)

INTRODUCTION- When we say internal security we are referring to an overall security situation prevailing in the country. Although it refers to the internal situation and it depends largely on the internal factors, though with the changing strategic-security environment around the region, it affects situations inside the country also. The balance of power in the geo-political region profoundly affects the security situation in any country. It is therefore; any change in power equation in the South-Asian, South-Eastern Asian or South-Pacific region tends to improvement or deterioration in the internal security scenario in India.

Thus the Internal security has twin dimensions; internal and external, and therefore; any study or any strategy to reshape it requires taking of cognizance of both the factors.

In recent times the mechanism and modes of operation of terrorists, extremists and insurgents have undergone metamorphosis. The use of sophisticated technology in terms strike and intelligence areas by these out fits needs to taken into account before formulating any strategy in tackling the problems of Internal Security. 

AREAS AND ASPECTS WHICH AFFECT INTERNAL SECURITY- Broadly Internal security can be divided into major areas for discussion point of views, otherwise it would be strategically and tactically blunder to treat them all at different footing. 

A- INSURGENCY

B- TERRORISM

C- NAXALISM

D- LOW INTENSITY WAR

E- ORGANISED CRIME INCLUDING CYBER CRIME

F- GENERAL LAW AND ORDER

G- COMMUNAL AND CASTE VIOLENCE 

A- INSURGENCY AND NAXALISM- The country faced another Internal Security problem in form of insurgency from the very outset. The Naga leadership under Z.A. Phizo had challenged their integration into Indian Union even before India became Independent. The Naga insurgency started way back in 1950s and as a matter of fact Mr. Z.A. Phizo had founded Naga National Council in 1947 itself. There are regional variations in the causes, forms and social chemistry of these insurgencies. Some fight on ethnic ground, whereas; others on linguistic and regional basis. Their demands and principles are also different from each other. The geo-strategic location of North-Eastern States is also congenial for such movements. These states are linked to the rest of the country through a narrow strip of land, sometimes referred as ‘chicken neck strip’. The lack of physical, cultural and emotional proximity with these states has also augmented the feeling of alienation of tribal and other people living in these states. The Natto-friendly countries bordering these states also encourage secessionist activities by way of providing arms, ammunitions and shelters to these insurgents. It is an established fact, that many insurgent and secessionist groups are running training camps in these Natto-friendly countries.

With the Sheikh Hasina becoming PM of Bangladesh, the situation in the North-Eastern States have started showing signs of improvement. The Country is no longer a safe heaven for the insurgent groups who are operating in these states. That is why, initially, I said that external factors and changing geo-political situation in neighbourhood do affect security in other country. The abortive coup attempt in Bangladesh by BDRs are, according to some experts is due to this reason. The Islamic fundamentalist and Jehadi-jamat elements in the BDR do not like the situation in India to improve.

Although almost all the north-eastern states face insurgency, the chemistry and geography of all the insurgent groups vary from each other. Insurgency is basically a situation of war, mostly guerrilla, which is aimed at liberating that particular area or region from the country. It is different from Naxalism or for that matter terrorism in the sense that Naxalism’s concept is based on the overthrow of the establishment itself through people’s armed movement and it does not advocates for secession. Terrorism, on the other hand, is aimed at spreading terror and hatred sometimes without any clear cut ideology. The ideology of terrorism is blurred but mechanism is organised, whereas; in insurgency, both ideology as well as mechanism of warfare are better organised. It is perhaps due to this reason the terrorism dies early and not the insurgency. Terrorism don’t tend to go in hibernation, whereas; insurgency often goes in hibernation especially when the time is not favourable.

The organisational hierarchy of these organisations are very well defined and well trained and their mode of operation is very hi-tech. Sometimes their hierarchical structure and strike capabilities are unmatched with the security agencies.

STRATEGIES TO TACKLE INSURGENCY AND NAXALISM-

There is no denying the fact that these problems have germinated out of political garbage and have assumed enormous proportions, therefore the long lasting solutions to these menaces also lie in political theraphy. At the same time, till then, they cannot be allowed to devastate and tatter our social and economic fabric. The strategies, therefore; let the political process of reconciliation proceed and at the same time activities of such elements in terms of attacks and disruption are checked and foiled effectively.

Here lies the importance of technology in general and use of Information Technology in particular. These outfits have grown at a rocketing pace in terms of their equipment with latest warfare technology. Unfortunately on establishment side the same did not advance with corresponding velocity. The result is devastating and catastrophic. If the number of terrorist and insurgent incidents is taken into account, the figure available with the ministry of MHA suggests that up to Nov, 2007, there have been 266 incidents resulting in killing of 43 civilians. The corresponding figures for 2006 were 282 incidents and killing of 28 civilians. According to the information made available by the MHA, 1591 incidents of naxal attacks took place in 2008 in which 231 security personnel and 490 civilians were dead. Highest number of incidents took place in Chhattisgarh followed by Jharkhand and Bihar. In most of these attacks Naxalites and such outfits use land mines and improved electronic device (IED) which causes maximum causalities to the security forces. 

We have provided some anti-land mine vehicles to the infested areas; but it is very costly as well as very heavy. Carrying such vehicle is expensive as well as herculean also. It cannot be taken to difficult terrain; a place where combing operations take place.

(a) DEVELOPMENT OF ANTI-LAND MINE APPARATUS-The DFID’s conflict and Humanitarian Affairs department is working on research and development of cheap, handy and small anti-land mine devices. It includes invention of a torch called dragon which would throw light and detonate the mine and remove the obstacles. The R&D is based on twin objective of small cost and easily manufacturing techniques. The experiences across the world suggest that maximum number of causalities to the security forces have been caused due to use these land mines. If this technology is successfully implemented, it will bring down the causalities drastically.

India has a vast infrastructure of R&D. We have DRDO, TERI etc. we can develop our own technology also. The figure suggests that we have spent more on hardware like purchase of arms and ammunition as but spent scanty amount on R&D in this area. India can learn lot in anti-land mine sphere from countries like Israel and Lebanon. Even countries like Sri Lanka have also vast experience of dealing with the anti-land mine problems.

(b)LAND MINE IN C0ASTAL AREAS- The land mines in surface area is considered less lethal as compared to those planted on the sea shore. These sea-mines, as it is called, do not get defused themselves and can explode even after hundred years. It is becoming gradually more and more challenging for internal security. Personnels and experts are of the opinion that maritime terrorism is of more far reaching consequences.

(c)ANTI AMBUSH AND ANTI-GUERRILLA WARFARE STRATEGIES- In insurgency operations, maximum causalities occur in ambush by the insurgents. In north-east states, insurgent organisations like PLA NSCN, ULFA, BLACK WIDOW, ALL BODO STUDENTS UNION, NLFB, TLF, Kanleipak communist party (KCP),Kanglei Yawol Kanna Lup (KYKL),Manipur people’s Liberation Front (MPLF),United National Liberation Front (UNLF),Hmar People’s Convention- Democracy (HPC-D),Kuki Liberation Army (KLA),Kuki National Army (KNA),Kuki Revolutionary Army (KRA),Zomi Revolutionary Army (ZRA),Chin Kuki Revolutionary Front (CKRF),Hmar People’s Convention(HPC),Indigenous People’s Revolutionary Alliance(IPRA),Iripak Kanba Lup (IKL),Islamic Revolutionary Front (IRF),Kuki Defence Force (KDF),Kom Rem People’s convention (KRPC),Manipur Liberation Tiger Army (MLTA) and a host of other such insurgent groups are adept in ambush attacks. They have taken hundreds of lives of security and civilians. Till date we have not been able to evolve an effective anti-ambush strategy. The use of technology can play a vital role vis-a-vis combating these warfare techniques. The use of age old weapons is unmatched with those of these outfits. The night vision goggles, night vision weapons and laser beam fitted rifles can enhance the strike capabilities of our security forces.

Although the basics of combating insurgency remained the same, it has to be blended with latest technology to upgrade the strike capability. The basic tactics is called tactic’s technique and procedure (TTP). It consists of suppress, breach, attack, assault and defend. 

USE OF TECHNOLOGY TO ENHANCE TTP- There is an old saying, offence is the best defence. To pre-empt, you require advance information which comes from intelligence and intelligence is purely a professional and technical dimension. The more sophisticated the gadget you have, of course manned by dedicated and highly trained personnel, would equip the establishment with advance warning or movements of the enemies. What we have seen in several attacks in many parts of the country, are the examples of weak and inefficient intelligence system. Contrary to the popular assumptions, the use of technology is cheaper than the conventional way of gathering information. Just by installing certain CCTv and footage regularly monitored and analysed by computers can not only save life of hundreds of people but relieve of dozens of police men doing duty in scorching sun and chilling nights.

B- TERRORISM, LOW INTENSITY CONFLICT AND ORGANISED CRIME-

These are the modern day phenomenon. The 2nd half of 20th century has ushered in these deadly and ghostly ideologies. Without going into the jargon of definition of terrorism, we need to discuss steps to improve our response mechanism. As far as its terminology is concerned, the term ‘Terrorism’ comes from the Latin word ‘terrere’, which means to frighten. There are hundreds of different definitions of the word “Terrorism”; therefore, universal definition of this word is nearly impossible. For example, the US Army has counted as many as 109 definitions of Terrorism in 22 different countries. It is therefore, needless to discuss upon it. Low intensity conflict or LIC is nothing but a corollary of the terrorism. The situation where the military force is used selectively to enforce compliance with a political motive is called LIC. Pakistan, when was routed in two successive wars against India, resorted to this tactics. This LIC is still continuing in J&K. It is a kind of prolonged engagement without official pronouncement or declaration of all out war. It is stressful and painful.

It drains immense resources both in terms of men and money. The use of sophisticated IT in this arena can reverse the results. The modus operandi of both terrorist attacks and LIC has under gone huge change, so should have been our tactics.

It is said that the wars are fought as per prevailing weapons of contemporary time. In ancient period they used to be fought by crude weapons but gradually modes changed and elephants, cavalry, gunpowder and canons became weapons and modes of winning combination. British came and it changed the warfare; the naval boats gave superiority to the Britishers over Indian rulers. The first world wars proved that the navy was still a force to reckon with. 2nd World War, for the first time, changed the entire paradigm of warfare and fighter planes changed the polity and geography of the region. The advent of 21st century has again brought in a new concept and now the superiority of a nation depends on information technology. Paul Bracken, an American strategic expert, use a term ‘information dominance’, meaning thereby that the more sophisticated is the IT, the more powerful is the nation.

INADEQUATE SCIENTIFIC APPARATUS AT BORDERS AND AIR PORTS (BORDER MANAGEMENT) - India has 4095 Kilometres porous border with Bangladesh and 1850 Kilometres with Nepal. The Indo-Pak border is 3323 Kilometres whereas; Indo-China border is 3428 Kilometres. Our border management in the above borders needs to be strengthened vigorously. We do not have ultra-modern scientific equipments on the checkpoints. For instance the Indo-Nepal border has several transit points like Raxaul, Jogbani, sandhauli, Birpur etc. The intelligence reports suggest that these borders are frequently used by the drug peddlers, arms dealers and terrorists and large scale smuggling takes place here.

The kinds of equipment which are installed here are far from satisfactory and cannot detect the movement of goods or arms and ammunitions. These borders require installations of highly sophisticated equipments so that the security agencies can detect and identify the saboteurs. Each day hundreds of thousands of vehicles including trucks loaded with huge containers pass through these borders and therefore it is virtually impossible to check these vehicles with the help of obsolete and outdate manual gadgets by few dozen customs and excise or police officials. Till date they act on specific tip off and check specific vehicle. Even then long queues of vehicles are lined up causing immense hardships to the commuters. 

The concept of Integrated Check Posts (ICP) has been mooted few years ago to overcome this problem but the pace of its implementation is very slow. The airports have also been used by the terrorists over the years. Although the security at airports is far more modern and tighter than the border, it needs to the further sensitised. 

The detection of liquid explosives and suicidal bombs has been a major headache for the agencies. Use of Acetone Peroxide (TATP) and HMDT, the liquid explosives has become favourites of the terrorists. ‘Raman Spectroscopy’, a device are being used by some advanced countries to detect these explosives. We can use it on wider scale.

Human suicide bombs are said to be a ‘Zero Failure Technique (ZFT)’ for the terrorists. Countries like Israel, Iraq, Afghanistan, Pakistan, Sri Lanka, India and even some European Countries are the worst hits and the largest suffers.

England is claimed to have developed a device based on ‘Nano Technology’ which would detect without fail the human suicide bombers. They claim that this technology would provide security cover over the entire city or coastal areas. IIT is also working on some R&D to develop anti-human suicide bombers device. It is required to be accelerated. Technology saves time and money and achieves target with more precision.

BORDER MANAGEMENT- India can learn much from Israel regarding border management. We have signed one MOU with them. Unfortunately much headway has not been made due to political reasons. Keeping watch over thousands of Kilo-meters international border without eye to eye ball contact of soldiers is not an easy task. It cannot be achieved without use of hi-tech and ultra modern scientific equipments. The unmanned aircrafts fitted with electronic and IT gadgets are being use by a number of developed countries to keep watch over enemies of nation, it can be imitated here also. Any cost is cheaper than blood our soldiers.

The primitive way of putting fence across the border is not a plausible proposition. It is very cumbersome, costly, time taking and ineffective also. In spite of about 70% of fencing across Indo-Bangladesh border, the influx of illegal immigrants into India is unabated.

INTERNET AND TERRORISM-

The internet upsurge has changed the globe and so has the mechanism of the terrorists. Internet has brought the entire globe to your mouse command. Gone are the days when some organisations had to resort to phone calls and hardcopy communications to reach out their viewers,followers and sympathisers. According to many reports published across the world, the terrorists have become internet savvy and have been using internet to communicate with their members, command them, instruct and guide them on net. They have started hatred campaign against their enemies by using their own websites and blogs. According to one estimate at present there are about 1 billion bloggers are across the world. The distance has minimised to zero level in terms of time. It has posed a serious challenge before our internal security also. We do have advantage also. India is perhaps one of the most developed nations in terms of software engineers and programmers. We have best brains available which can be used in evolution of anti-terror software strategies. We can develop programmes to hack the terrorist’s communication and disrupt their nefarious designs. Policies have to be framed so that Indian citizen could be involved in this tirade against the enemies of mankind. I.T. laws have been amended more than twice; we require a comprehensive and deterrent law to tackle this menace.

(C)-GERERAL LAW AND ORDER AND COMMUNAL AND CASTE CLASHES-

Policing in India is a British legacy and the hierarchical structures as well as legal frame work still persist with certain changes here and there. We have still 148 years Police Act prevalent in many parts of the country. IPC of 1860 still reminds us that we have not yet been able to codify our own penal codes in congruent and in commensurate with changing pace of times. 1871 Indian Evidence Act still does not allow many IT materials as clinching evidence. Narco-tests are not admissible in the court of law as solitary and conclusive evidence. The situation needs to be changed because they have direct bearing on the internal security situation in our country. Supreme Court of India has ruled in (CIVIL ORIGINAL JURISDICTION) WRIT PETITION (CIVIL) No. 310 OF 1996 I. A. No. 3 of 1999 Prakash Singh v/s union of India that the investigation and law and order be separated. The idea is to improve the quality of investigation and bring more judiciously culprits to book.

Here lies the crux of the problem. The unscientific and colonial way of retrieval of information many times amounts to violation of human rights and vitiates the entire procedure of law. The introduction of hi-technology in matters of investigations will held a lot in improving the internal security scenario. 

The FIRs are required to be put on local area network of the police department. The data base of criminals, terrorists, extremists and naxalites along with their photographs be made available so that SHO sitting in a remote area can have the information of the whereabouts and activities of such elements. Generally these elements escape and sneak into countryside and go in hibernation. The lack of effective information system help these elements escape from the eyes of the local police. 

Police stations are the corner stone of the entire security structure. Unfortunately, over a period of time the emphasis has shifted from this basic structure and we went on creating parallel organisations with conflicting and intersecting jurisdiction causing more harm than good. There anomalies are required to be rectified.

The general law and order and other communal and caste violent clashes sometimes snowball into serious problems for internal security. With the introduction of latest technologies in this area, the situation can be improved in a big way.Some of the important suggested measures are (a) access control system/ equipment (b) information encryption (c) air port and multimode protective security, interceptors. (d) anti-riot equipment,(e) armour personal body (e) lab for testing (f) audio surveillance equipment (g) mobile communication (h) bio-metric system (i) model for encryption (j) bomb detection equipment (k) micro-wave communication (l) bomb disposal equipment (m) passenger screening and searching equipment (n) cyber crime surveillance system (o) anti-riot and other specialist vehicle etc.