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THE
HINDU: The curious case of Justice Karnan
In the
chronicles of aberrant behaviour by judges, Justice C.S. Karnan of the Madras
High Court would occupy one of the most prominent spots.
Few judges have by
their conduct within and outside the court damaged the standing of the
judiciary to this degree or exposed the helplessness of the system in dealing
with over-the-top functioning. The judge now appears to have crossed all
bounds, and his understanding of the law is such that he takes up the case of
his own transfer to the Calcutta High Court and “stays” the recommendation of
the Chief Justice of India. This is just the latest instance of his ways that
have included, even as a sitting judge, his going into the court when a
Division Bench was hearing a petition on the selection of judges and seeking to
file an affidavit opposing the list of appointees recommended by the Chief
Justice. His interaction with other judges in the High Court was found to be so
offensive that 21 of them signed a petition of complaint and a Chief Justice of
the High Court was constrained to send a formal communication to the Chief
Justice of India seeking his transfer. To top it all, the Madras High Court
registry had to file a petition in the Supreme Court of India after he had
passed a suo
motu order “staying” the
recommendation of the Chief Justice of India transferring him and get his order
stayed. That he has frequently raised the issue of his caste status —
complaining to the National Commission for Scheduled Castes and even
threatening to file criminal charges under the Scheduled Castes and Scheduled
Tribes (Prevention of Atrocities) Act against chief justices and other judges —
in justification of his conduct, has only served to trivialise the issue of
caste discrimination and the genuine difficulties that Dalits face.
It
is inconceivable that so long a rope would have been given to any judge in a
well-ordered democracy functioning under the rule of law. It was almost two
years ago that the Supreme Court condemned Justice Karnan’s conduct in seeking
to argue in another court as “uncharitable and ungenerous, and … indecorous.”
Yet, he was allowed to continue with his ways, each subsequent episode marking
a new low. While his initial selection is itself testimony to the weakness of
the collegium system of appointments, the Karnan episode has brought to light
the inadequacies of the judicial system in keeping its own house in order.
Impeachment is one option, but if a judge facing impeachment chooses to brazen
it out rather than resign, it goes before Parliament where political considerations
come into play. Short of impeachment, very few effective measures seem to be
available. Even the remedy of transfer now being applied would only shift the
problem to another high court, though by removing him out of his familiar
circle of friends and supporters it may serve to mute it. The most that can be
said of the transfer is that it is better than doing nothing.
chron·i·cle
A factual
written account of important or historical events in the order of their
occurrence.
ab·er·rant
Departing from
an accepted standard.
con·strain
Severely
restrict the scope, extent, or activity of.
triv·i·al·ize
Make
(something) seem less important, significant, or complex than it really is.
in·con·ceiv·a·ble
Not capable of
being imagined or grasped mentally; unbelievable.
un·gen·er·ous
Not generous;
selfish.
in·dec·o·rous
Not in keeping
with good taste and propriety; improper.
tes·ti·mo·ny
A formal
written or spoken statement, especially one given in a court of law.
impeachment
A formal
document charging a public official with misconduct in office
THE HINDU: Making cities clean
and sustainable
Acentury
ago, Mahatma Gandhi lamented that the Indian city was mostly a stinking den,
and Indians as a people were not used to city life. The squalid urban
landscapes of the 21st century, with mountains of garbage merely relocated to
the suburbs to maintain “clean cities”, would seem to prove that not much has
changed since then. The quest for clean cities has only grown more complicated,
as steady urbanisation is putting pressure on a poorly prepared municipal
administration system, and the more affluent consumers produce ever-higher
volumes of trash. The neglect of social housing, sanitation and water supply
has ensured that there is nothing like a truly clean, green and sustainable
city. It would not be fair, of course, to dismiss the efforts of cities such as
Mysuru, Chandigarh and Tiruchirapalli, which have scored the top three ranks in
the competition organised by the Swachh Bharat Mission of the Ministry of Urban
Development to choose the cleanest cities for 2015. In fact, with the high
level of political will now being shown to address the problem of waste and
filth, there has never been a better time for State governments to act. Beyond
the cosmetic solution of removing waste to landfills or releasing untreated
sewage into hidden waterways, however, the challenge is staggering — even with
the 1.04 crore household toilets and five lakh community and public toilets to
be built, the sewage treatment capacity in cities would have to be expanded by
63 per cent. The scenario is equally depressing for solid waste, since only 20
per cent of it can be treated scientifically at present.
The
Centre’s decision, against this background, to
ask fertilizer companies to sell municipal compost is among the more promising
initiatives to stem the rising pile of trash. Cities can take a leaf out of
international best practices, and encourage communities to create food gardens
in every area possible using this resource. At the very least, reduction of
garbage can be achieved if residents start segregating their waste at home, and
municipalities acquire the systems to manage it. But there is a major policy
disconnect here, since tonnage-based contracts issued by cities have created a
vested interest in transporting waste to landfills, rather than to reduce it
through rules that require segregation, composting and recycling. The imagery
of the Swachh Bharat Mission,
which currently dwells on citizen behaviour and the visual appeal of clean
cities, needs to extend to waste reduction and recycling. Building the
necessary infrastructure is easier today, since a variety of financial
instruments are available, including Central funds, corporate sponsorship and
the Swachh Bharat cess on services that alone will garner an estimated Rs.3,700
crore during 2015-16. Achieving sustainable clean cities will ultimately depend
on the attention devoted to human development and environmental governance.
Without inclusive city planning, affordable housing, water and sanitation, the
trend of urbanisation can only add to the squalor that depressed Gandhiji in
Varanasi. This is the bulwark on which cities can achieve cleanliness and good health.
sus·tain·a·ble
Able to be
maintained at a certain rate or level.
la·ment·ed
A conventional
way of describing someone who has died or something that has been lost or that
has ceased to exist
stink·ing
Foul-smelling.
den
A wild animal's
lair or habitation.
squal·id
(of a place)
extremely dirty and unpleasant, especially as a result of poverty or neglect.
quest
A long or
arduous search for something.
af·flu·ent
(especially of
a group or area) having a great deal of money; wealthy.
trash
Discarded
matter; refuse.
stag·ger
Walk or move
unsteadily, as if about to fall.
seg·re·gate
Set apart from
the rest or from each other; isolate or divide.
dwell
Live in or at a
specified place
squal·or
A state of
being extremely dirty and unpleasant, especially as a result of poverty or
neglect.
bul·wark
A defensive
wall.
BUSINESS STANDARD: A political start-up
The Aam Aadmi Party (AAP) government in Delhi has
now been in office for a year. Certainly, the fears, born of its earlier
abortive stint, it would be unable to undertake the hard task of actual
governance have been laid to rest. But how has it actually performed? Has it
managed to distinguish itself successfully, as a political start-up of a sort,
from older and more established parties? Has it been a disruptor - in both the
negative and the positive sense of the word? Does its governance in Delhi have
any characteristics that it could use in its attempt to scale up nationally,
starting with the Punjab Assembly elections next year? Some of these questions
can be at least partially answered after a year.
While Chief Minister Arvind Kejriwal has not abandoned all his street-fighting instincts, it is clear that he has been willing to pick and choose his battles. He has picked fights with the Bharatiya Janata Party, its central government and its municipal corporations often enough - many of the disagreements have been over the Centre's control of the Delhi Police and the Delhi Lieutenant Governor's power over some aspects of state policy. The unnecessary showdown with the municipal corporations has led to some parts of Delhi suffering sub-optimal service delivery, and Mr Kejriwal should reconsider his approach. But it is clear that he is not willing to provoke confrontations with the Delhi power distribution companies or the water utility, even though he could well have argued that his old claims about inflated power tariffs, for one, have been justified by subsequent investigations.
While cheaper utilities definitely continue to be on the government's agenda, that has not been the main focus of its efforts. The AAP has another ideological string to its bow: radical decentralisation of governance. Mr Kejriwal has often claimed that this is one part of what sets his party apart from others, and some aspects of this are being put into practice in Delhi. Certainly, his government's initiative to set up community health centres where tests and medicines are made available to locals is an interesting idea, and whether they are indeed more accountable and thus efficient over time is something that will have to be studied. The government has claimed to have responded to the dengue epidemic with over 1,000 more hospital beds, although the effects of this are yet to be seen in full. Financial allocations for the education sector have seen a significant increase in the AAP government's first Budget - a move that should result in better access to education. Encouraging reports have also emerged about its focus on primary schools, though the education department's confrontational approach to "management quotas" in private schools might backfire - and not survive the legal challenge.
On the negative side, progress on transforming Delhi's physical infrastructure has been slow. The closure of the bus rapid transit system, instead of a study of whether its failure could be rectified at a lower cost to the exchequer and to commuters, did not send a good signal. The proposed return of the odd-even road rationing scheme in April conceals the fact that, even a year after the formation of the new government, Delhi's residents still await a comprehensive approach to scaling up public transport in the city - although it has been reported that one is in the works. Certainly, Mr Kejriwal has claimed that flyovers have been completed under-budget, freeing up resources for other work - but it is uncertain how much of this is due to his government's action. Overall, while the signs are encouraging, much more systemic planning for the transformation of Delhi is needed - and the AAP's core ideology of decentralisation suggests these plans should be thrown open for public discussion and comment at an earlier rather than later stage.
While Chief Minister Arvind Kejriwal has not abandoned all his street-fighting instincts, it is clear that he has been willing to pick and choose his battles. He has picked fights with the Bharatiya Janata Party, its central government and its municipal corporations often enough - many of the disagreements have been over the Centre's control of the Delhi Police and the Delhi Lieutenant Governor's power over some aspects of state policy. The unnecessary showdown with the municipal corporations has led to some parts of Delhi suffering sub-optimal service delivery, and Mr Kejriwal should reconsider his approach. But it is clear that he is not willing to provoke confrontations with the Delhi power distribution companies or the water utility, even though he could well have argued that his old claims about inflated power tariffs, for one, have been justified by subsequent investigations.
While cheaper utilities definitely continue to be on the government's agenda, that has not been the main focus of its efforts. The AAP has another ideological string to its bow: radical decentralisation of governance. Mr Kejriwal has often claimed that this is one part of what sets his party apart from others, and some aspects of this are being put into practice in Delhi. Certainly, his government's initiative to set up community health centres where tests and medicines are made available to locals is an interesting idea, and whether they are indeed more accountable and thus efficient over time is something that will have to be studied. The government has claimed to have responded to the dengue epidemic with over 1,000 more hospital beds, although the effects of this are yet to be seen in full. Financial allocations for the education sector have seen a significant increase in the AAP government's first Budget - a move that should result in better access to education. Encouraging reports have also emerged about its focus on primary schools, though the education department's confrontational approach to "management quotas" in private schools might backfire - and not survive the legal challenge.
On the negative side, progress on transforming Delhi's physical infrastructure has been slow. The closure of the bus rapid transit system, instead of a study of whether its failure could be rectified at a lower cost to the exchequer and to commuters, did not send a good signal. The proposed return of the odd-even road rationing scheme in April conceals the fact that, even a year after the formation of the new government, Delhi's residents still await a comprehensive approach to scaling up public transport in the city - although it has been reported that one is in the works. Certainly, Mr Kejriwal has claimed that flyovers have been completed under-budget, freeing up resources for other work - but it is uncertain how much of this is due to his government's action. Overall, while the signs are encouraging, much more systemic planning for the transformation of Delhi is needed - and the AAP's core ideology of decentralisation suggests these plans should be thrown open for public discussion and comment at an earlier rather than later stage.
a·bor·tive
Failing to
produce the intended result.
stint
Supply an
ungenerous or inadequate amount of (something).
disruptor
The Disruptor
is a fictional supervillain in the DC Universe. He first appeared in New Teen
Titans vol. 1 #20.
pro·voke
Stimulate or
give rise to (a reaction or emotion, typically a strong or unwelcome one) in
someone
in·flat·ed
Distended
through being filled with air or gas.
con·fron·ta·tion·al
Tending to deal
with situations in an aggressive way; hostile or argumentative.
con·ceal
Keep from
sight; hide.
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