India's Pakistan woes

The US may worry for long as Pakistan hurtles down to a category of a failed state. But India has to worry much more, as the trouble is just next door. India and Pakistan have been cases apart in the last six decades. While India's nationhood has flourished despite numerous tests, course of events in Pakistan has clearly negated Muhammed Ali Jinnah's two nation theory.   

India as a nation has existed for thousands of years. Rulers came and went but the nation remained. But India's boundaries changed a number of times from the mighty emperor Ashoka to Mughal-e-Azam Akbar and later at the time of technologically superior British. 

In contrast, Pakistan as a nation came into existence on August 14, 1947. However, the everyday news of bloodletting in Pakistan and its constant existential crisis do raise a doubt, that Pakistan is still struggling to justify its being a nation. The founder of Pakistan Muhammed Ali Jinnah, one may say, forced the British and the Jawahar Lal Nehru to agree to carving out of a province from India on the basis of religion. Pakistan came into existence, after relentless riots in undivided India and the inability of the Congress to call the communal bluff of the Jinnah led Muslim League at that time.

More than six decades have gone by since the death of Jinnah and creation of Pakistan, but the existential question still remains. The Americans will have no qualms to say that Pakistan is the most dangerous place in the world. This is a nation, where the government of the day gives a call to protest against a film made by an "unspeakable idiot (as said by the Israelis)" American in which 24 people lost their lives. The protest was also joined by over a dozen hardline Islamic organisations, which are on the official restricted list of Pakistan, while being banned by a host of countries for perpetrating terror attacks across the world.

This is Wagah border from the Indian side just before the parade drills from the sides of India and Pakistan begin. While on the Indian side, the Mahatma Gandhi smiles on visitors, a stern looking Muhammed Ali Jinna adores the gate of the Pakistani side. Amritsar is some 29 km away from here, while Lahore is about 30 km away. This gate ironically divides two people speaking the same Punjabi language and sharing the same culture, including the dress and food habits. The local folklore says that the Pakistani army had entered some 30 km inside India from this place in the 1971 war following a bureaucratic delay on the parts of the Indian establishment to issue orders to repel the attack. However, the folklore is that, once the instructions came the Indian army along with the brave local Punjabis marched well into Lohore. In fact, the folklore goes on to say, that one villager near Amritsar still proudly displays a scooter that he had "looted" from within Pakistan.  

The Wagah border just before sunset when gates of India and Pakistan open during a majestic parade on both sides to bring down their respective national flags. The parade is clearly a lifetime experience to watch for, as elaborate drills on both sides instill confidence in the people, that the men in uniform would protect the territorial integrity of their respective countries. 

At Wagah border, the thought can not escape from the mind that India is so close to such a dangerous place in the world, which possesses nuclear bomb. A chill down the spine may slip through at such a thought. But this is a fact and India has to live with this reality, as there is no escaping this fact.       

Invariably, Indian leadership always wants to improve relations with Pakistan. So, there was no exception to this fact, when the BJP came to power, with Prime Minister Atal Bihari Vajpayee trying his best to improve the relations only to be stunned with unabated terror attacks, including the one on the Parliament, which is the temple of World's largest democracy.

The Manmohan Singh led UPA government is more keen to deepen the ties with Pakistan. So, trade relations and liberal visa regime have been put in place apart from restoring the cricketing ties. But Pakistan continues to honour the rule of law in punishing those responsible for the 26/11 Mumbai terror attacks. While India pursues the 26/11 Mumbai terror attack as a legal case, with investigation to pin down the perpetrators with irrefutable evidences, it has still no answer on how to deal with the involvement of Pakistan as a state in such attacks.   

However, Pakistan has so far in the recent years avoided troubling India, as it is itself caught in the worst crisis in its history. While its northwest frontier is in the control of Taliban backed militia who have no shams to behead the Pakistani army personnel and displaying them for the world to look at, the fire (militants) which it mastered over the years to get strategic depth in neighbouring countries, including Afghanistan, has actually become the 'masters" of the destiny of Pakistan. Pakistan should know, that "Fire is a good servant but a bad master" and undo the historical error in religion based identity.   

Manmohan steamrolls "reforms"

Simon Denyer of the Washington Post with his article headlined "India's 'silent' Prime Minister becomes a tragic figure" appears to have woken up Dr Manmohan Singh from his deep slumber. In a span of two days, Singh has steamrolled all opposition to roll out market friendly reforms measures. It appears that vintage Manmohan is back, though too late to undo the damage done so far due to policy paralysis.

First, Singh touched the holy cow in diesel and LPG subsidy. Both have been hit, so that they could be linked to market prices in future. The two politically sensitive issues had been red-flagged by UPA alliance partners time and again. Secondly, FDI in aviation and multi-brand retail were also approved. The lavish menu spread by Singh also included disinvestment in public sector units.

Importantly, Singh has gushed these "reform" measures, after his colleague and former Finance Minister Pranab Mukherjee exited his Cabinet to enjoy the comforts of the Raisina Hills. Also, Singh's confidence apparently comes from P Chidambaram as the Finance Minister. Chidambaram had been the darling of the market for years. So, stock market has been singing to his tunes since he took charge of the Finance ministry.

After knotting India into a nuclear pact, the US had been desperate to get the FDI route in multi-brand also opened. The grapevine had been that in the last days of Mukherjee as the Finance Minister, within an hour of his landing in the US to attend a function, a concerned Hillary Clinton had rung up him to ask when was the FDI in multi-brand retail being approved. Mukherjee is said to have responded saying that he was in the US for some other function. 

Also, every criticism of the Manmohan Singh government invariably ended with one prescription, that the FDI in multi-brand retail should be allowed. Such has been the noise in its favour, that top policy makers of the UPA have opined that the FDI in multi-brand retail can solve all woes of India; fighting inflation, curbing unemployment, getting good prices for farmers. So much so that the Gandhi family scion had taken recourse to arguments like potatoes, which were wasted by farmers in Uttar Pradesh, would fetch better price once it was allowed. 

The clamour for FDI in multi-brand retail could well be understood by the fact, that it allows the US and others to tap the Indian market in big ways. The collateral damage would be loss of jobs in the existing retail trade and likely cartelisation of the retail market once the sharks of the world kill millions of small shop-keepers. Also, many of the American consumer produces currently having no demand in India would on the shelf and backed by aggressive marketing a new market would be created for them.

Therefore, Singh has done great favours to the US. First, he revived the "dead" nuclear industries there and now he can revive the job market there.

Secondly, FDI in aviation may not be much of a concern for most. Because, the inabilities of Indian airlines operators have demonstrated that they needed the FDI booster. But the same can not be said for the multi-brand retail where money, technology and management do exist within Indian companies. 

However, Singh has taken the high road to steamroll his "reforms". But his highway is full of potholes. The Trinamool Congress chief Mamata Banerjee has been a sworn enemy of FDI in any form. The Samajwadi Party would not be able to face people in UP if Akhilesh Yadav allows FDI in multi-brand retail. The Opposition is already baying for the blood of the UPA. 

The urgency with which Singh has pushed through his "reforms" signal two things; firstly that the mid-term poll is very much on the card and secondly these steps are of a ruling class fast drowning and needs anything to clutch onto.             

"Caste"tution: Subversion of Indian Constitution

Political quick-fixes, as attempted through quota in promotion for SCs/STs, just to cling on to the vote banks are undermining the strength of the Indian Constitution and Parliament. This is for the reason, that legally speaking quota in promotion is still possible without resorting to Constitution amendment bill, if governments can satisfy three conditions laid down by the Supreme Court in the famous M. Nagraj case.

Amid the raging civil war in the America, it's said that Abraham Lincoln had locked himself in a library for about three weeks. Emerging out of it, he gave the famous Gettysburg address, which lasted two and a half minutes. There he explained the underlying principle of the democracy by stating it would be "for the people, by the people and of the people".

India too borrowed Lincoln's speech. But the political class in India over the years improved upon American's phrase into "by the caste, for the caste and of the caste".   

The political class in India shelters behind caste cover as a matter of habit. Late Prime Minister V. P. Singh was thrust upon at the center of polity without any base. But power is an opium with no parallel, so Singh mandalised Indian politics. This art remains in practice even now and resorted to in quite unapologetic sense. 

The UPA government at the Centre attempted to wriggle out of the serious loss of credibility in irregularities in allocation of coal-blocks and the subsequent Parliament logjam through another bout of caste politics. After calling an all party meeting, the UPA rushed through a Constitution amendment bill to ensure reservation in promotion for Scheduled Castes (SCs) and Scheduled Tribes (STs). The objective was less to do justice to SCs/STs and more to escape from public and Parliamentary scrutiny in colossal scam in allocation coal-blocks to firms with questionable credibility. The attempt has been a failure so far.

Let us take the legal journey on the issue of quota in promotion so far. In 1992 the Supreme Court consisting of nine judges bench decided Indira Sawhney case popularly known as Mandal Commission case by holding that Article 16(4) of the Constitution does not include reservation in promotional post and is confined only in the matter of appointments at the time of entry of the service.

Consequently in the year 1995, 2000, 2001 and 2002 there have been amendments in Article 16(4) and 77, 81, 82 and 85 amendments were carried out while Article 16(4A) was added in the Constitution. These measures led to introduction of  reservation in promotional post for SC/ST, while granting benefits of seniority on promotion to SC/ST. 

But later, the five judges bench of the Supreme Court in 2006 decided the case of M. Nagraj in which Constitutional amendments in Article 16(4)A and 16(4)B were upheld. However,  conditions were added in the judgement in the form of three important guidelines, namely; (a) Backwardness of a Class, (b) Inadequacy of representation in public employment of that class, (c) Overall efficiency in the administrative works.  These three pillars became conditions mandatory to make reservation in promotion as per the decision of M. Nagaraj case.

Later, various cases were filed in Allahabad High Court out of which one writ petition was filed in Lucknow Bench of Allahabad High Court and the matter went to the Supreme Court through UT Power Corporation Limited vs. Rajesh Kumar in 2011 and the two judges bench of Allahabad High Court decided the case on April 27, 2012. They held "in the ultimate analysis we conclude and hold that section 3(7) of the 1994 Act and rule 8A of the 2007 rules are ultra vires as they run counter to the dictum in M. Nagraj judgement". 

Clearly, the Uttar Pradesh government, which had introduced the notion of consequent seniority through various rules had failed to follow three guidelines set by the Supreme Court. 

If a state government can satisfactorily answer these three conditions they can still give quota in promotion. But this will entail rigorous job of data collection, which the political class wants to run away from for fear of getting exposed. This is the reason why the UPA wants another Constitution amendment to quick-fix problems detrimental to its caste based politics.

In the all party meeting the Samajwadi Party mentioned the curious case of the state irrigation department where all the four posts of the superintendent engineers were held by members from the SC class, thus closing the window for other engineers to advance in their career.   

In normal parlance, promotion in any job should be based on performance. But India is the only country where one can get into a job and get further promoted due to the caste he or she has been born into. While entry into jobs on the basis of caste has not yet been challenged by any political party, the promotion part has seen vertical split in most of the parties, with people being vocal against it.  

Though the move to amend the Constitution to give quota in promotion to SCs/STs came in an attempt to silence the Opposition baying for the blood of the UPA leadership for "coalgate" scam, this quota bill is most likely to meet the fate of the Women's reservation bill. A regular noise followed by a long spell of silence.