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Conflict Avoidance & Resolution Can Open Gateway to New India
- Published on 10 December 2020
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Let Centre-States Clash over Farm Laws Be a Wake-up Call
(Conflict Avoidance. Image Courtesy: taxinidaonline.com)
“No Central Government, which is wise, will undertake a conflict over small matters….Can checks govern a country; every check means a conflict and every time a proposition is positively made in the Legislative Assembly and shaped into a policy, a check means an invitation to a public meeting, an invitation to an argument, sides being taken, appeals being made and a lot of misunderstanding. Whereas if they meet together, consult together and dispose of things together, we will not have conflicts and checks….It is only against dangers that checks are provided explicitly but in other matters we envisage a complete harmonious self-governing family working together but if we provide checks in a family, we go with a divorce document even before we marry”.
Alas, this Team India vision of late C. Rajagopalachari, Home Minister, is totally forgotten. His sage words, expounded in provisional Parliament during August 1951, are highly relevant today.
This is because conflicts of all sorts at all levels have become synonymous with vibrant democracy. This is due to complex inter-play of various factors notably bad governance and clash of rights.
Central policies, schemes and laws are thrust on the Nation as a fait accompli. Crucial bills are rarely referred to time-tested institution of joint committee/ select committee / standing committee of Parliament.
You name a subject & search for it on the Net. And you would find dozens of weblink to documents on conflicts over the searched subject. Every issue ranging from reserving beds for Covid-19 patients to farm laws turns into conflict to be resolved by the judiciary.
The Constitution is supposed to be the ultimate guide for the Nation. In actual practice, the Constitution itself has become the source of friction between the Centre, States and among the States. It needs to be written specially to avoid its misuse by the Centre and to avoid legislative conflicts. What applies to Constitution also applies to Central and State laws that trigger avoidable litigations.
This issue has been aptly addressed by a 2019 study titled ‘Cleaning Constitutional Cobwebs Reforming the Seventh Schedule’ submitted by Vidhi Centre for Legal Policy to 15th Finance Commission.
For the sake of simplicity, this column would focus on Centre-State legislative conflicts over farm laws & farmers’ protest. Before elaborating on this, we should note that conflict avoidance and resolution has turned out to be the Achilles heel for the NDA Government. This in spite of the fact that Prime Minister Narendra Modi himself is actually aware of conflicts & has spoken wisely on them at certain events.
India’s Lockdown Necessitates More Parkinson’s Laws
- Published on 03 July 2020
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(C. Northcote Parkinson - Image Courtesy: openlibrary.org)
“Work expands to fill the time available for its completion”. This Satirical, maxim stands validated 1000% by India’s extended lockdown, lauded globally for its stringency.
Known as Parkinson’s Law (PL), this maxim now needs strong articulation in the light of amazing speed & efficiency with which bureaucracy spun rules & orders to keep itself & others busy.
Lockdown’s diktats have had multiplier effect as they keep citizens busy during the shutdown & even under the phased unlocking. A law-abiding citizen is always on his toes as he/she has to keep abreast of dynamic regulations for remaining compliant.
If PL creator, C. Northcote Parkinson, were alive, he would have certainly polished Parkinson’s. laws. He might have added a few more.
Dr. Parkinson would certainly have been overwhelmed by unprecedented rise in workload for all during the total shutdown of India beginning midnight of 24th March. The diktats issued by bureaucracy covers all activities in all spheres of life.
Take the simple case of charity. Ideally, one should not disclose whether one has helped the needy. A Government department, however, decided to create a data bank on this.
India Bears Colossal Fiscal Cost of Being a Soft State
- Published on 12 January 2020
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(Image Courtesy: taxindiaonline.com)
India has paid & continues to pay huge price for being a soft State. We are a nation where good ideas take decades to take-off. We take decades to bite the bullet on strategic issues such as buying planes for Indian Air Force (IAF).
Delays in realm of policies & projects are legendary. Delays have become synonymous with Democracy in India. Delayed Justice is the unwritten rule of the law. Strict enforcement of rules always invites protests from activists & sound-byte hungry media. Many good intentions scripted in directive principles in the Constitution exist as such.
No wonder no one has quantified the fiscal and opportunity costs of delays since the Independence. Even a simple idea as Voter Identity Cards (VICs) has cost the country enormously due to 50-years span between enactment of amendment to a law in 1958 & its comprehensive execution (70% coverage) by 2007 across the country.
The cost of delay got compounded due to corrupt practices in issue of VICs. Illegal immigrants bought VICs with ease – a fact admitted time & again by Government in Parliament.
The right to vote is the last right conferred on aliens-turned citizens in certain democracies. In India, it is the first right sold for a song! Ditto was the case with generous recommendation from MLAs or MPs to issue ration card to illegal migrants in West Bengal – an issue raised by Mamata Banerjee and other MPs in Parliament during the eighties.
Mr. Modi Creates Policy Paralysis that he once Detested
- Published on 02 December 2018
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(Image courtesy: taxindiaonline.com)
“Reduce politics to end policy paralysis: Narendra Modi.” This headline dated 8th April 2013 is the best Governance-cum-Vikas mantra mooted by Mr. Modi. At that time, he was widely perceived as most convincing Prime Ministerial prospect who focused more on development and less on politics.
Unfortunately, Mr. Modi, as PM, has not followed this mantra, thereby leaving his glass overflowing with policy paralysis (PP). He has also not treated PP with his fabled love for speed in decision-making process. He has instead played more politics than any of his predecessors, thereby catalyzing PP.
PP is a deadly cocktail. It includes backlog of legislative and executive proposals that he inherited from UPA and earlier regimes. The cocktail also includes initiatives that Mr. Modi proposed as Chief Minister but shunned them as PM.
PP, in this column, does not include bucketful of promises that he made at the political rallies. The potion, however, includes initiatives listed by BJP in its 2014 and earlier manifestos for Lok Sabha polls.
Before citing specific instances of PP, we need to recall what Mr. Modi stated at the first ‘Think India Dialogue’ organized by Network 18 in April 2013.
He observed: “All decisions are taken keeping an eye on the next election. Political parties are under pressure to avoid or delay decisions dues to elections”.
Governance