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THE HINDU: Time to debate Governors’ powers
By
imposing President’s rule in Arunachal Pradesh even before a mandatory floor
test could establish conclusively that the Congress government of Nabam Tuki
had lost its majority, the Central government acted prematurely.
Indeed, the
Supreme Court in seeking reasons for the decision, and observing that “the
matter is too serious”, underscored what President Pranab Mukherjee had said in
his new year’s message to Governors: they must play, he said, their assigned
role while respecting the distinct authority and responsibility vested in the
executive, the judiciary and the legislature, and help “create a harmonious
relationship between the Centre and the States”. When the Centre sought his
assent for President’s Rule in Arunachal Pradesh, Mr. Mukherjee cautioned
against a hasty decision — indeed, one that runs counter to Prime Minister
Narendra Modi’s promise of cooperative federalism. But the government,
projecting it as a ‘textbook case’ for the use of Article 356, had its way. On
Monday, the Supreme Court accepted that a Governor is not answerable to the
courts for the exercise of the powers of his office. But simultaneously it
ordered the Centre to release all documents — including personal letters of the
Chief Minister and of his ministerial colleagues — to enable Mr. Tuki to
prepare a defence against the contents of Governor J.P. Rajkhowa’s report that
accuses him of instigating fellow Nyishis and funding public protests to seek
the latter’s exit. The Governor also claimed that he had been abused, threatened
and nearly assaulted by Mr. Tuki’s Ministers, who joined protestors and even
sacrificed a mithun outside the Raj Bhavan.
However,
this is not the first case of a clash between a Governor and the Chief Minister
of a State in the past year. The Governors of Tripura, Uttar Pradesh, West
Bengal and Assam — Tathagata Roy, Ram Naik, Keshari Nath Tripathi and P.B.
Acharya, respectively — have been on a collision course with the Chief
Ministers of the States. Mr. Naik clashed with Chief Minister Akhilesh Yadav’s
choice of Lokayukta, and sat over the State’s nominations for five members to
the Legislative Council. In Assam, Chief Minister Tarun Gogoi accused Mr.
Acharya of “interfering” in the political affairs of the State. Mr. Acharya
also hit the headlines for his controversial “Hindustan is for Hindus” comment.
Mr. Roy attracted adverse attention when he said publicly: “Whatever gave you
the notion that I am secular? I am Hindu.” The imposition of President’s Rule
in Arunachal Pradesh is, in a sense, in keeping with the record of governments
of all hues to use pliant Governors to dismiss opposition-run State
governments. However, at present there is another concern: many Governors are
being seen as active agents working to implement the Sangh Parivar’s Hindutva agenda.
Later this month, when the President hosts the annual Governors’ conference, it
would be in order to have a deeper discussion on the constitutional proprieties
that should guide a Governor’s word and deed.
im·pose
Force
(something unwelcome or unfamiliar) to be accepted or put in place.
pre·ma·ture·ly
Before the due
time; ahead of time.
in·sti·gate
Bring about or
initiate (an action or event).
col·li·sion
An instance of one
moving object or person striking violently against another.
clash
Meet and come
into violent conflict.
hue
A color or
shade.
pli·ant
Pliable.
THE
HINDU: Coming to grips with female foeticide
Union
Minister for Women and Child Development Maneka Gandhi’s clarifications over her
remarks on the existing ban on
sex-selective abortions should put the focus back on the real issues. There are
three aspects to the proposal that she put forth at a conference in Jaipur:
establish the sex of the foetus when a pregnancy is detected; tell the mother
about it and register the fact in public records; and ensure that deliveries
happen only in institutions and not at home. This twin strategy of tracking
sex-determined foetuses and requiring institutional deliveries is expected to
ensure that female babies are not aborted, or killed at birth. While this idea
might seem persuasive, like many technological fixes it betrays a worrying lack
of awareness of social realities. The very attempt to record the status of the
foetus involves the obvious risk of exposing women to undue psychological and social
pressure to abort female foetuses. Two, such an intrusion by the state into a
woman’s personal-biological space is unwelcome, even Orwellian. That such
suggestions are being floated — no matter how quickly they are withdrawn in the
face of criticism — is an indication of India’s persisting inability to address
the problem of female foeticide, and the continuum of social ills that this
practice reflects.
At
the moment, there are few incentives for medical technicians, apart from public
interest, to withhold information from families on the gender of the foetus.
And when such violations have come to light, prosecution has been indifferent.
Maharashtra is believed to have come down severely on errant doctors and
clinics, which is significant given the likely impact the State’s large
population could have on child sex ratios. The record of Punjab and Haryana,
with a high prevalence of sex-selective abortions, also points to a modicum of
enforcement. But there is a long way to go. After all, where traditional cultural
norms dictate a strong preference for boys, recourse to medical technologies
could well reinforce socially detrimental personal choices. Clearly, the
emphasis ought to be on the reversal of India’s adverse sex ratio among
children in the 0-6 year age group. On a national average, the number of girls
for every 1,000 boys in this segment of the population dipped to 918 in the
2011 decennial population Census, with more disturbing regional variations. The
corresponding figures were 927 and 933 in 1991 and 2001, respectively. Notably,
Ms. Gandhi’s six-time constituency of Pilibhit in Uttar Pradesh has seen a
sharp drop in the child sex ratio in the 2001-2011 inter-Census period. At 940,
the figure was above the national average in 2001, but declined dramatically to
912 in the last Census. Pilibhit could easily set an example for the whole
country, if only by a scrupulous compliance with the spirit of the
Pre-Conception and Pre-Natal Diagnostic Techniques (PCPNDT) Act, under which
any disclosure of the foetal status is a punishable offence.
grip
Take and keep a
firm hold of; grasp tightly.
a·bort
Carry out or
undergo the abortion of (a fetus).
per·sua·sive
Good at
persuading someone to do or believe something through reasoning or the use of
temptation.
be·tray
Expose (one's
country, a group, or a person) to danger by treacherously giving information to
an enemy.
in·tru·sion
The action of
intruding.
pros·e·cu·tion
The institution
and conducting of legal proceedings against someone in respect of a criminal
charge.
er·rant
Erring or
straying from the proper course or standards.
mod·i·cum
A small
quantity of a particular thing, especially something considered desirable or
valuable.
scru·pu·lous
(of a person or
process) diligent, thorough, and extremely attentive to details.
com·pli·ance
The action or
fact of complying with a wish or command.
BUSINESS STANDARD: Good intent, bad effect
The government’s decision to introduce a
centralised system for appointing consultants from multilateral agencies in all
ministries and in the NITI Aayog could be an example of faulty implementation
of sensible ideas. A clear delineation of the role of consultants does seem
necessary given that the Central Vigilance Commission has stated that the scope
of work entrusted to consultants is often not defined properly, or they are
allowed to “experiment with impractical ideas resulting in unwarranted costs”.
Replying to a recent RTI (Right to Information) application, the health
ministry said it had 363 consultants and a large number of them were being paid
by health-related international agencies as well as external aid agencies. It
is not clear if there are issues of conflict of interest in such appointments.
There is also the commonly held belief that some ministries indeed play fast
and loose with taxpayers’ money in their use of consultants.
This is not to say that consultants aren’t required. They are an important source of specialist skills for ministries and departments that need to transform how they operate – especially in a situation where such capabilities are in short supply within the bureaucracy. Governments all over the world use consultants for highly specialised projects – only last week, the Singapore government appointed six business leaders as consultants to lend their corporate and professional expertise to a government-to-government project with China in the areas of services, aviation, transport and information and communications technology. Critics of consultants in ministries also often ignore the value they deliver by helping to transform government services and drive massive efficiency savings.
The government’s new rules state that consultants cannot be hired for policy formulation, and their role would be confined to presentation and analysis of possible options with the help of supporting data. This is meant to prevent embarrassing cases of some of the government’s new rules being cut and pasted from consultants’ websites. But the line between policy “formulation” and “possible options” for policy is thin, and difficult to monitor. Certainly, where the government’s recent instruction erred is in the belief that a centralised screening panel would be a panacea for all the ills. On the contrary, it could slow things down unnecessarily. Also, the decision to terminate the appointment of all consultants whose tenure was up to the end of December 2015 is a typical bureaucratic response to an issue which required careful handling. Given the useful role many consultants play, such an arbitrary decision ignores the reality that a period of hand-holding was required to ensure that the transition to a new system becomes seamless. What was required was making ministries accountable for the job their consultants do in the form of clear deliverables and keeping records of the tasks accomplished vis-à-vis the targets. The terms of reference and procedure of appointment of these consultants also have to be transparent and unambiguous. Most importantly, the government must realise that to reduce this over-reliance on external consultants, it is important to have in place proper manpower planning that can help recruit and retain permanent employees with the right skills at the right time. The larger problem of state incapacity must be addressed urgently.
This is not to say that consultants aren’t required. They are an important source of specialist skills for ministries and departments that need to transform how they operate – especially in a situation where such capabilities are in short supply within the bureaucracy. Governments all over the world use consultants for highly specialised projects – only last week, the Singapore government appointed six business leaders as consultants to lend their corporate and professional expertise to a government-to-government project with China in the areas of services, aviation, transport and information and communications technology. Critics of consultants in ministries also often ignore the value they deliver by helping to transform government services and drive massive efficiency savings.
The government’s new rules state that consultants cannot be hired for policy formulation, and their role would be confined to presentation and analysis of possible options with the help of supporting data. This is meant to prevent embarrassing cases of some of the government’s new rules being cut and pasted from consultants’ websites. But the line between policy “formulation” and “possible options” for policy is thin, and difficult to monitor. Certainly, where the government’s recent instruction erred is in the belief that a centralised screening panel would be a panacea for all the ills. On the contrary, it could slow things down unnecessarily. Also, the decision to terminate the appointment of all consultants whose tenure was up to the end of December 2015 is a typical bureaucratic response to an issue which required careful handling. Given the useful role many consultants play, such an arbitrary decision ignores the reality that a period of hand-holding was required to ensure that the transition to a new system becomes seamless. What was required was making ministries accountable for the job their consultants do in the form of clear deliverables and keeping records of the tasks accomplished vis-à-vis the targets. The terms of reference and procedure of appointment of these consultants also have to be transparent and unambiguous. Most importantly, the government must realise that to reduce this over-reliance on external consultants, it is important to have in place proper manpower planning that can help recruit and retain permanent employees with the right skills at the right time. The larger problem of state incapacity must be addressed urgently.
de·lin·e·a·tion
The action of
describing or portraying something precisely.
con·fined
(of a space)
restricted in area or volume; cramped.
err
Be mistaken or
incorrect; make a mistake.
pan·a·ce·a
A solution or
remedy for all difficulties or diseases.
seam·less
(of a fabric or
surface) smooth and without seams or obvious joins.
INDIAN
EXPRESS: It doesn’t fit
In the minefield of
India-Pakistan relations, where terrorist groups across the border seek to
sabotage every step towards normalisation, sending the best political
intentions careening, the wind sometimes throws up straws. A report submitted
by the Pakistan National Assembly’s Standing Committee on Foreign Affairs,
after its 23rd meeting on February 1, is one such straw. The group formulated a
set of recommendations for improving relations with India. Two key
recommendations: “Pakistan should not encourage calls for active support of
armed, banned, militant groups in Kashmir” and “[a]llaying international
concerns of not doing enough to tackle working for the Kashmiri Cause by
monitoring and taking action against violent armed groups”.
Coming as this does at
a time when the Nawaz Sharif government has said it needs more evidence from
India, on its assertion that the Jaish-e-Muhammad was behind the Pathankot air
force station attack, in order to take action against the group and its leader
Masood Azhar, the standing committee’s recommendations seem to have originated
in a parallel universe. Essentially, what the committee — it comprises mainly
parliamentarians from the ruling Pakistan Muslim League (N), with
representation from other parliamentary parties — wants is unilateral action by
Pakistan against these groups, with or without evidence from India. But can a
parliamentary committee’s report cut any ice with a Pakistan security
establishment that has deliberately nurtured proxy warriors over years, a policy
it holds on to stubbornly and successfully despite being under pressure from
the civilised world to pull the plug on it?
Still, the
recommendations offer an interesting departure from the past. For one, this is
perhaps the first time that a cross-party National Assembly document all but
contains the admission that Pakistan is home to the curiously named “alpha
elements” that are prone to committing violent acts across the border. In the
aftermath of the 2008 Mumbai attacks, the leadership of all political parties
represented in the National Assembly went into a day-long huddle, only to come
out with an egregious resolution on protecting the sovereignty and territorial
integrity of the country, which made India out to be an imminent aggressor and
Pakistan the victim. Sadly, while it is tempting to read the recommendations as
a civilian voice of dissent from PM Sharif and his party against Pakistan’s
all-powerful security establishment, and see in them a wider political call for
jettisoning a long-held policy, it may yet be premature to do so.
sab·o·tage
Deliberately
destroy, damage, or obstruct (something), especially for political or military
advantage.
ca·reen
Turn (a ship)
on its side for cleaning, caulking, or repair.
tack·le
The equipment
required for a task or sport.
de·par·ture
The action of
leaving, typically to start a journey.
prone
Likely to or
liable to suffer from, do, or experience something, typically something
regrettable or unwelcome.
af·ter·math
The
consequences or aftereffects of a significant unpleasant event.
hud·dle
Crowd together;
nestle closely.
e·gre·gious
Outstandingly
bad; shocking.
im·mi·nent
About to
happen.
dis·sent
Hold or express
opinions that are at variance with those previously, commonly, or officially
expressed.
jet·ti·son
Throw or drop
(something) from an aircraft or ship.
pre·ma·ture
Occurring or
done before the usual or proper time; too early.
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