Issue: I No: XII

Compulsions Of Good Neighbourliness 's Mindset Remain Unchanged

Good Governance - Strong Nation Transformation In Afghanistan

and many more__

Published By : Vivekananda International Foundation 3, San Martin Marg, , New - 110021, [email protected], www.vifindia.org Contents

ARTICLES - JPCs Must Have The Power To And The South Asian Summon Ministers 51 Neighbourhood 3 - A Surya Prakash - Kanwal Sibal Special Laws To Counter Terrorism

Dealing With The Neighbour From Hell - In India: A Reality Check 56 The Prime Minister Must Not Visit 19 - Dr N Manoharan 103 Pakistan

- PP Shukla 107 India’s Nuclear Deterrence Must Be

Professionally Managed 26 EVENTS

- Brig (retd) Gurmeet Kanwal Vimarsha on “Transition in America Reviewing India-Afghanistan and China: Implications for India” Partnership 30 59 - Nitin Gokhale

Grandma’s Remedies For Governance Issues 35 - Dr M N Buch

CAG And The Indian Constitution

44 - Prof Makkhan Lal

VIVEK : Issues and Options December – 2012 Issue: I No: XII 2

India And The South Asian Neighbourhood - Kanwal Sibal

ndia’s relations with its thy neighbour as thyself” elicits no neighbours need to be obedience from the chancelleries of I analysed frankly and the world. unsentimentally, without recourse to the usual platitudes when Before talking of India and its pronouncing on the subject. It is neighbours, we should have a fashionable to assume that there clearer idea of what, in India’s is some larger moral imperative eyes, constitutes its that governs the relations between neighbourhood. Should we look at neighbours, with the bigger India’s neighbourhood country obliged to show a level of strategically or geographically? If generosity and tolerance towards a the first, then a case can be made smaller neighbour that would not out that India’s neighbourhood be applicable to the attitudes and encompasses the entire region the policies towards a more from the Straits of Hormuz to the distant country. The compulsions Straits of Malacca. This is India’s of “good neighbourliness” between security parameter. Developments countries are, however, not the in this region have a major impact same as between neighbours in on India. On the western side, six the same building or the same million Indians are employed in street. In the case of the latter, the the Gulf, sending back almost $35 rights, obligations and duties of billion as remittances. This region citizenship are the same, all live is the largest supplier of oil and under the authority of the same gas to India. This area is the heart state and conflicts are mediated of Islam and influences and through the instruments of law. ideologies emanating from there We should not commit the mistake impact on our immediate external of transposing to international environment and indeed, to an relations the codes of conduct extent, the domestic scene. In any between citizens of the same case, if India had not been divided country. The commandment “Love in 1947, its western frontier would * Kanwal Sibal – Member Advisory Board, VIF

VIVEK : Issues and Options December – 2012 Issue: I No: XII 3 have extended to the Persian Gulf. neighbours, Myanmar is lost sight of, despite its critical geographical In the east, India’s possession of location adjacent to our north- the Andaman and Nicobar islands eastern states. Myanmar, which stretches our frontiers to the other applied for full membership in choke-point, the Malacca Straits. May 2008, has yet to consummate The Bay of Bengal has it. However, with the rapid , Myanmar and changes in the country, its opening Thailand as littoral countries. This up and the progressive removal of stretch of the sea is our link to sanctions it has been subject to, its Southeast Asia and beyond. For profile as India’s neighbour will buttressing our Look East policy, keep rising. this area is of vital importance. Apart Afghanistan may not be a Afghanistan may direct geographic neighbour from India forging today, but given the fact that not be a direct bilateral ties with we consider Pakistan’s geographic these countries, the occupation of the northern neighbour today, security of the sea areas in Jammu and Kashmir but given the fact lines of as illegal, we can in a sense that we consider communication in treat it as one. In any case, Pakistan’s with the inclusion of an area where the Afghanistan as a full member occupation of the only regional blue of SAARC, the political case for northern areas in water navy is treating Afghanistan as an Jammu and Indian devolves integral part of our Kashmir as illegal, some special neighbourhood stands we can in a sense responsibilities on reinforced. treat it as one. In India. any case, with the inclusion of Afghanistan as a full If geography alone were to member of SAARC, the political determine who our neighbours case for treating Afghanistan as are, then Pakistan, Nepal, an integral part of our Bhutan, Bangladesh, Sri Lanka neighbourhood stands reinforced. and Maldives constitute the core of our neighbourhood. Myanmar is a With China’s occupation of Tibet, contiguous neighbour, but as we that country has become our direct have conditioned ourselves over neighbour. The outstanding border the years to view essentially the issue between India and China SAARC countries as our constitutes a major Indian foreign

VIVEK : Issues and Options December – 2012 Issue: I No: XII 4 policy problem, colouring our held back because of this. relationship with the world’s Historically, Britain rose to global foremost rising power. Moreover, power status despite almost in India’s perception, China has ceaseless conflicts with its adversely influenced India’s neighbours. France became a relations with its South Asian world power despite being neighbours. China therefore embroiled in wars with qualifies as India’s most neighbours. China has huge formidable neighbour, affecting problems with its neighbours, India’s role not only in the South without this affecting its Asian region, but in Asia as a inexorable rise today as a global whole, and even at the global power. Turkey has problems with level. virtually all its neighbours, without this materially affecting The management of relations with its rise to regional power status. It neighbours is always a declared is, therefore, open to question priority of any country’s foreign whether a stable neighbourhood is policy. The assumption is that a a pre-requisite for a country’s rise stable neighbourhood strengthens to regional or global status. There a country’s foreign policy posture, are many other factors at play whereas an unstable and troubled that allow countries to rise and neighbourhood saps its ability to flourish even if their act fully effectively on the neighbourhood is not peaceful. international stage. The credibility of a country’s regional and global While, in theory, the need to have posture, it is believed, is also a peaceful, stable and friendly undermined if it is seen as neighbourhood may appear self- embroiled in disputes and conflicts evident, what would that mean in with neighbours. The accepted practical terms? Can one have view is that the time and energy good relations with neighbours spent in controlling events in the simply because that would be immediate neighbourhood is at the desirable in itself? Can one build cost of pursuing wider interests at such relations unilaterally? To the regional and global level. what extent should one be willing to make concessions? Should one In actual fact, most countries have look for reciprocity or not? How far very problematic relations with is it the responsibility primarily of neighbours, and yet many are not the bigger country to make the

VIVEK : Issues and Options December – 2012 Issue: I No: XII 5 requisite effort in forging positive The short point is that countries relationships? Is a smaller country cannot always act in their always right in its demands? Can neighbourhood as they please a country demand or plead for depending on local advantages in extra consideration simply power equations. Outside forces because it is smaller? Should it on will be there to provide a that basis be entitled to a more counterbalance, either because a sensitive treatment of its fears, particular country might want to vulnerabilities and even paranoia? bring an external power into the neighbourhood to reduce the These are not the only issues that weight of a perceived regional arise in any examination of the hegemon, or external powers conditions in which themselves, pushed the neighbouring Sections of Indian public opinion are acutely conscious by balance of power countries relate to of India’s failure to stabilize its considerations, or each other. What own neighbourhood. It is policies of about the role of argued that India as the containment, may third parties, of biggest country in the region intrude into the external actors? has the primary responsibility region on their own During the Cold for managing the regional environment. Often India is and manipulate War period, the criticized for not being their local partners competing powers sufficiently generous to its for larger strategic had an incentive to neighbours, of hesitating to purposes. extend their make unilateral concessions to political and them, which it is believed it Sections of Indian ideological reach to can well afford to do. public opinion are all corners of the acutely conscious of globe. In that process, relations India’s failure to stabilize its own between neighbours, who were neighbourhood. It is argued that pulled at times in different India as the biggest country in the ideological directions, were region has the primary distorted, adding to the already responsibility for managing the existing tensions or regional environment. Often India misunderstandings. Today, in the is criticized for not being age of globalisation, different pulls sufficiently generous to its and pressures operate, and these neighbours, of hesitating to make could be helpful or harmful unilateral concessions to them, depending on circumstances. which it is believed it can well

VIVEK : Issues and Options December – 2012 Issue: I No: XII 6 afford to do. Such concessions are central role in the developments advocated especially on the leading to the defeat of the LTTE, economic side, the argument being and it is to be seen how much that India as a huge economy can constructive influence it can bring easily absorb the limited sacrifice to bear in ensuring that the that is expected of it, and in the present opportunity to settle the process can attach the Tamil question equitably is not neighbouring economies to itself in lost. India’s intervention in the a mutually beneficial manner. The Maldives at the request of its stakes which develop because of government was more successful, this interdependence would but this cannot be construed as an theoretically make it difficult for attempt by India to shape its other governments to pursue immediate environment to suit its adversarial policies beyond a needs, or a model for future certain point. Poor border interventions. management, failure to create proper border posts and customs India has been sensitive in infrastructure is viewed as handling the issue of democracy in another example of insensitivity to its neighbourhood. Even as the the need to facilitate relations Western democracies seek to with neighbours. impose democratic values on others and use instruments of Such criticism overlooks many moral reprobation and boycotts to complexities. For one, India’s coerce select non-democratic capacity to order its countries to reform their political neighbourhood in a manner systems, India has abjured such congenial to its requirements is thinking. Its basic approach is to exaggerated. India did intervene do business with whichever in Sri Lanka in agreement with its government is in power. Even as government, but the experience there is awareness that a truly left it chastened to the point that democratic system in Pakistan, it rejected an intrusive role in Sri that limits the power of both the Lanka later as the ethnic conflict armed forces and extremist grew, even when other countries groups, would be beneficial to prompted it to take greater India-Pakistan ties, India has not responsibility for steering the sought to interfere in Pakistan’s course of events there in the right internal politics. On the contrary, direction. It abdicated playing the it has willingly done serious

VIVEK : Issues and Options December – 2012 Issue: I No: XII 7 business with Pakistan’s military neighbourhood. Although regimes, especially with that of terrorism is now considered a General Musharraf. Likewise in global threat and the consensus Bangladesh, India has never that it should be fought rejected serious engagement with collectively by the international the military regimes there. In the community has been largely case of Myanmar, even at the cost forged, India is still threatened by of earning some diplomatic flak, this menace as Pakistan, where India has sought to build close ties the epicenter of terrorism lies, has with it irrespective of the country’s not yet been summoned by the regime for reasons international of overriding India, despite its size and community, acting national interest. power, is, ironically, the through the UN, to India will of course country most targeted by eradicate it. The abide by legalities terrorism from its own US and its allies and UN sanctions neighbourhood. Although want Pakistan to terrorism is now considered a against any global threat and the control terrorist country for consensus that it should be activity directed at transgression of fought collectively by the them in the norms, but international community has Afghanistan, and participating in a been largely forged, India is deal as well with crusade for still threatened by this menace domestic terrorism as Pakistan, where the democracy because epicenter of terrorism lies, has that threatens to of a sense of not yet been summoned by the impair Pakistan’s superior political international community, capacity to support values is not part acting through the UN, to them. Terrorism of India’s thinking eradicate it. directed at India about its remains a neighbourhood and beyond. For secondary western concern. Even India this is practical politics, US pressure, however, has not shorn of the hypocrisy of those compelled Pakistan to break its who promote democracy links with the Haqqani group. The selectively and at lowest political rise of religious extremism within and business cost to themselves. Pakistan and the surrounding Islamic world, extending now to India, despite its size and power, North Africa, is creating is, ironically, the country most conditions for more jihadi violence. targeted by terrorism from its own Pakistan’s failure to take any

VIVEK : Issues and Options December – 2012 Issue: I No: XII 8 substantive step in the last four the region, not to mention the years to try those responsible for need to politically manage their the terrorist attack and own Muslim communities. the unwillingness of its leadership Pakistan of course has always had to accept that terrorism remains a an interest in undermining India’s crucial outstanding issue in India- leadership role in South Asia. Pakistan relations indicates that SAARC conventions on combating the nexus between the jihadi terrorism have little meaning groups and the political and given Pakistan’s complicity with military power centres in Pakistan terrorist groups. Pakistan in fact will not be easily broken. India by uses Nepal and Bangladesh as itself lacks the capacity to coerce bases for infiltrating terrorists Pakistan to abjure terrorism as an into India, or in the case of instrument of state policy, Bangladesh, using local extremists especially as Pakistan now has the for targeting India, though with nuclear cover for its lawless ’s government in activities. Pakistan sees the Bangladesh this activity has been extremist religious forces that greatly curtailed. resort to terrorism as allies against India and potentially in The debate about unilateral the takeover of Afghanistan after concessions versus reciprocity is the western forces depart. somewhat besides the point in international relations. A big Within the SAARC region, apart country has no less responsibility from the recognition by the Karzai than a small one to legitimately government of Pakistan’s maximize its own interests. No sponsorship of terror, the other country can sustain a policy of countries keep their political making unilateral concessions. If distance from the problem. Each of the logic is accepted that it is for them, barring Bhutan, has the bigger country to make interest in maintaining good ties concessions, then it could be with Pakistan for a mixture of argued that the US should base its motives that include leveraging international policies on making Pakistan’s hostility towards India unilateral concessions to all. And to their own advantage, combining so should China. India has tried a forces against the threat of Indian policy of unilateral concessions in domination, putting constraints on the late 1980s and the early 1990s, India’s freedom of action within but the results have been meager.

VIVEK : Issues and Options December – 2012 Issue: I No: XII 9

It is ultimately a question of Rather than look at such issues pragmatism. If making a within the framework of bilateral concession in one area can yield a relations between India and its return in another area, it should neighbours, they should be looked be made. In any case, reciprocity at within the framework of need not be confined to balanced SAARC. The problem of exchanges in specified areas. If unilateralism or reciprocity Nepal, for instance, had been more disappears once the SAARC sensitive to India’s security countries as a whole agree on interests because of the open terms of trade and economic border, India could have been exchanges. Unfortunately, generous in areas Pakistan right of Nepal’s interest. The problem of unilateralism from the start If Bangladesh, as is or reciprocity disappears once worked to limit the case now, is the SAARC countries as a progress within more cooperative in whole agree on terms of trade SAARC so that its and economic exchanges. dealing with anti- Unfortunately, Pakistan right own policy of Indian insurgents from the start worked to limit linking trade seeking shelter on progress within SAARC so that exchanges with its territory, it its own policy of linking trade India to a would certainly exchanges with India to a resolution of the make India more resolution of the Kashmir Kashmir problem problem did not get receptive to some of undermined. For this reason, it did not get its demands on the did not adhere to its undermined. For commercial side. In obligations to India under this reason, it did fact this has SAFTA. not adhere to its already happened. obligations to India What does India do in a situation under SAFTA. Indeed, because of in which Nepal has for years Pakistan’s obstructive policies, blocked any progress in economic integration in the implementing joint water SAARC area is poor. This resources projects, or Bangladesh situation is beginning to change has until now even refused to talk with fruitful talks between India about according transit rights and Pakistan to enhance trade through its territory to north- with each other. Pakistan has eastern India or make a joint agreed in principle to grant by the effort to promote energy security year-end MFN treatment that it along with Myanmar? has long denied to India. With the

VIVEK : Issues and Options December – 2012 Issue: I No: XII 10 recently concluded Commerce India, of course, physically Secretary level talks, substantive dominates its neighbourhood. steps on the trade and investment Most of its neighbours are very front have been listed in the joint small in comparison, statement. This change in geographically, demographically Pakistan’s attitude has occurred and economically. Even Pakistan, not because of India’s prodding but the second largest country in because of an internal assessment South Asia, is less than 15% of Pakistan has itself made on the India’s size demographically and advantages to it from expanded economically and is not too much economic ties with India, given the more geographically. Beyond the dire economic straits Pakistan is disparity in size, India’s in. Pakistan has neighbours share not yet felt the Beyond the disparity in size, with it strong same compulsions India’s neighbours share with civilizational, on terrorism and it strong civilizational, cultural, linguistic cultural, linguistic and ethnic other differences and ethnic ties that ties that are deeply rooted in with India and history. Normally these bonds are deeply rooted hence it clings still should have brought the in history. to its negative countries of the Indian sub- Normally these political postures. continent closer together, being bonds should have Now that theoretically the building brought the blocks of an enduring people- Afghanistan has countries of the to-people relationship. But this joined SAARC, has not happened for various Indian sub- common sense reasons. continent closer would dictate that together, being Pakistan accord transit rights theoretically the building blocks of through its territory to facilitate an enduring people-to-people Afghanistan’s trade with India as relationship. But this has not part of the process of stabilizing happened for various reasons. For Afghanistan and giving its people one, India’s overwhelming economic opportunities so that civilizational influence makes the they can, amongst other benefits, neighbouring countries feel expand their legitimate economy insecure in their separate and conditions are created for the identities. As identity is a core reduction in size of the illegitimate constituent of a sense of drug based economy. nationhood, these countries want

VIVEK : Issues and Options December – 2012 Issue: I No: XII 11 to foster it by consciously asserting military assistance from powers their separate identity. wanting to check-mate India’s rise or imposing costs on India for not The ethnic links, such as those of following policies congenial to the Madhesis in the Terai in their interests. southern Nepal with the population of UP and Bihar, and Pakistan has, of course, in its the Sri Lankan Tamils with the obsessive pursuit of “parity” with Tamils in Tamil Nadu, instead of India and a pathological refusal to being a human link between India accept any status of inferiority vis- and these countries, as is the case a-vis it, has been most with the Indian diaspora abroad instrumental in facilitating the and their country of origin, is a entry of outside powers in the sub- source of tensions. These sections continent. Today China is of the population are not as yet Pakistan’s biggest defence fully integrated into the societies supplier. The US too has not in which they live and suffer from stopped supplying advanced arms disabilities. They are either to Pakistan as part of its policy to suspected for their extra- obtain the cooperation of the territorial loyalties or are seen as country’s military to help combat instruments of Indian influence, or the insurgency in Afghanistan. the sympathy and support they With the US more and more receive from groups in India create cognizant of Pakistan’s duplicity an atmosphere of distrust in on the terrorism front, tensions in bilateral relations. US-Pakistan relations are palpable and Pakistan’s support From the viewpoint of India’s for the US in Afghanistan now a South Asian neighbours question mark. realpolitik would demand that they try to balance India’s weight The US policy of hyphenating by bringing into play external India and Pakistan was decisively powers. This with the objective of abandoned by the Bush giving themselves greater margin Administration in its approach to of manoeuvre vis-a-vis India, the nuclear equation in South extorting more concessions from it Asia, though the US thought it than would be the case otherwise, necessary to balance its leaning not to mention making themselves towards India by elevating more eligible for economic and Pakistan to the status of a “Major

VIVEK : Issues and Options December – 2012 Issue: I No: XII 12 non-NATO ally”. With the change US differences as before to counter of Administration in the US and the Indian weight. the Afghanistan morass in which it is caught, Pakistan had found China, with its increased political, more room to leverage US economic and military weight, dependence on it for its operations continues its policies to counter in Afghanistan to question the what one of its commentators legitimacy of India’s presence and described as India’s hegemonic policies in Afghanistan, not to policies vis-a-vis its neighbours. It mention press it to extract some continues to deepen its strategic concessions from India on making relations with Pakistan, with progress on outstanding India- current activity in the nuclear Pakistan issues field, major road without Pakistan China, with its increased and power projects being required to political, economic and military in POK and the move credibly on weight, continues its policies to development of counter what one of its Gwadar port. In the issue of commentators described as terrorism India’s hegemonic policies vis- Afghanistan, China sponsored by it and a-vis its neighbours. It is investing heavily directed against continues to deepen its in the mineral India. This has now strategic relations with sector. Geopolitics changed, with the Pakistan, with current activity seem to dictate in the nuclear field, major road close China- US openly and power projects in POK and supporting a the development of Gwadar Pakistan stronger Indian port. cooperation in political and Afghanistan, economic role in Afghanistan, as despite current well as in military training. India uncertainties about Pakistan’s was the first country with which ability to contain its own internal Afghanistan signed a Strategic failures. Partnership Agreement. In Nepal, Bangladesh and Sri Lanka, Indian In Nepal, China is becoming more and US policies have converged far assertive in demanding that it be more than was the case in the given equal treatment with India, past, with the result that the one example of which is to ask for governments of these countries are its Friendship Treaty with Nepal no longer able to leverage India- to match the one with India. With the Maoists now a powerful

VIVEK : Issues and Options December – 2012 Issue: I No: XII 13 political force in Nepal, and given military goals in the longer term their ideological compulsion to be perspective, To promote these seen as drawing Nepal closer to objectives China is bound to step China, coupled with their periodic up further its engagement with rantings calculated to inflame these countries, especially with public opinion against India, the increasing material means at its political terrain has become more disposal, posing further challenges favourable for China to expand to India’s equities in its and deepen its presence and neighbourhood. India follows influence in Nepal. This can only closely China’s initiatives in Sri make India’s task in handling Lanka on the political, economic Nepal more difficult. and military front, including the visit in September of the Chinese China’s position in Bangladesh is Defence Minister to Sri Lanka, the entrenched. Even the friendly first such visit ever. He seems to government of Sheikh Hasina have emphasized that the Chinese would see it in its interest to Army’s efforts in conducting maintain close ties with China for friendly exchanges and the many benefits it can derive cooperation with its counterparts from that, including giving India in the region are intended for an incentive to woo Bangladesh maintaining regional security and more. China has earned the stability and do not target any gratitude of the Sri Lankan third party. government by supplying it arms that helped in defeating the LTTE China has, of course, every right to militarily. Sri Lanka, along with take dispositions in the Indian Myanmar, Bangladesh and Ocean area to protect its trade and Maldives, are, in India’s eyes, energy flows. The countries with targets for the naval ambitions of which China is cooperating are China in the Indian Ocean area to independent, sovereign countries protect its vital lines of and have economic and communication through these investment plans of their own to waters. The so-called “string of which China with its vast pearls” strategy involving financial resources can contribute. construction of new port facilities Ultimately, for India’s neighbours, in these countries may have it is a question of political commercial goals in view in the judgment how far they should be short term but is likely to have cognizant of India’s concerns and

VIVEK : Issues and Options December – 2012 Issue: I No: XII 14 how to balance sometimes either other Islamic countries or different pulls so that they do not large populations of Muslim faith become platforms for tensions living in non-Muslim countries. A because of the divergent interests triumphant radical Islamic of external partners. ideology can be destabilizing for the religiously composite societies One can broadly conclude that of South and South-East Asia. India will not be able to shape its Pressure on India particularly, immediate environment optimally from these forces would grow. The for itself in the foreseeable future. increasing Talibanisation of Unless Pakistan is ready to Pakistan would be most genuinely end its politics of deleterious for the South Asian confrontation with India, an environment. integral part of Afghanistan presents potential which is the over- problems of a grave nature. If The prospects for a assertion of its the extremist religious forces border settlement Islamic identity, its ultimately win there, the with China remain propagation of the strategic space for these distant. China has, jihadi mentality, obscurantist elements will on the contrary, its nurturing of expand enormously, with the added to tensions risk of a seriously adverse fall- extremist religious out in the region that has by making groups involved in either other Islamic countries aggressive claims terrorism, and the or large populations of Muslim on Arunachal political faith living in non-Muslim Pradesh. India has domination of the countries. been compelled to military in the begin upgrading its governance of the country, the military infrastructure in the SAARC region will remain under north in the face of mounting stress. Chinese intransigence on the border issue. With Chinese actions Afghanistan presents potential in the East China Sea and South problems of a grave nature. If the China Sea, India has to be even extremist religious forces more on the alert. The tactical ultimately win there, the strategic alliance between India and China space for these obscurantist on climate change and WTO issues elements will expand enormously, should not obscure the deeper with the risk of a seriously adverse sources of India-China problems. fall-out in the region that has It must be said though that both

VIVEK : Issues and Options December – 2012 Issue: I No: XII 15 sides have managed to prevent Indian investments in the country, their differences from erupting the economic issues in the into military confrontation. No bilateral relationship can be bullet has actually been fired in addressed to mutual advantage. anger on the India-China border Bangladesh can play a positive since 1967. China has become part in linking the eastern region India’s biggest trade partner in of South Asia to Myanmar, goods, which is a remarkable Thailand and beyond. A solution development. has to be found, however, to the problem of illegal Bangladeshi The political drift in Nepal migration into India. portends continuing instability there with all its The deleterious The political drift in Nepal commencement of a consequences for portends continuing instability dialogue between the economy. India there with all its deleterious the US and the has to play its role consequences for the economy. Myanmar junta India has to play its role without getting without getting embroiled in validates India’s embroiled in domestic controversies to the policy towards that domestic extent possible, though country. If the US controversies to the traditionally anti-Indian forces has woken up to extent possible, there would continue to the danger of though propagate the canard of leaving China to overbearing Indian traditionally anti- interference in Nepal’s internal consolidate its hold Indian forces there affairs. over Myanmar, it is would continue to all to the good. propagate the Here again, India canard of overbearing Indian cannot prevent Myanmar from interference in Nepal’s internal developing close links with its affairs. With the Sheikh Hasina neighbour China. How far it government in power in should move in that direction and Bangladesh, India’s relations with lose its capacity to manoeuvre is that country seem set to improve. for the Myanmar government to Bangladesh is showing an decide. So long as India-China unprecedented willingness to deny relations are not normalized, India safe havens to anti-India will always have concerns about insurgents and discuss transit strategic encirclement. issues. If it opens up doors for

VIVEK : Issues and Options December – 2012 Issue: I No: XII 16

India’s traditionally cordial sensitivities in some quarters in relations with the Maldives need Tamil Nadu, we have supported to be nurtured, especially in view Sri Lanka on the issue of its of the attention it is receiving from territorial integrity and on China at the highest level. The terrorism. We have been both spreading piracy in the South principled and practical. Eastern Indian Ocean also makes Maldives more central in As a neighbouring country we combating this menace. Maldives cannot ignore what is happening is gripped with domestic political in Sri Lanka if developments there turmoil, placing India in a delicate have a political impact in India. position of being invited to On the one hand, India must not intervene in favour of a duly intervene in Sri Lanka’s internal elected government and hesitating affairs; on the other, if they impact to get embroiled in internal India’s internal affairs, a case for a political rivalries. dialogue opens up with a view to helping find constructive Bhutan has been the only real solutions. success story in terms of India’s relations with its neighbours. The nearly three-decade long Bhutan has border differences armed conflict between Sri with China. It has kept its Lankan forces and the LTTE came distance from Pakistan and the to an end in May 2009. The armed great powers as well, giving them conflict created a major little scope for interfering in its humanitarian challenge, with relations with India. This nearly 300,000 Tamil civilians underscores the point that good housed in camps for Internally relations between India and its Displaced Persons (IDPs). India neighbours depend not only on has put in place a robust wise policies on our side, but, programme of assistance to help equally, the pursuit of wise these IDPs return to normal life as policies by our partners. quickly as possible.

Our relationship with Sri Lanka India does reiterate at the highest has been burdened in recent years levels the need for national by the Tamil issue. We have reconciliation through a political handled it as well as we could settlement of the ethnic issue. The from our end. Despite the element of time is important. With

VIVEK : Issues and Options December – 2012 Issue: I No: XII 17 three and a half years having remains to be seen. Democratic elapsed since the military conflict governments are always generous issues got resolved, a solution to with their own people, and no the political issues remains polity can be stable without pending. Whether the level of mutual trust between its various statesmanship which is required sections. This is the challenge Sri to deal with the complex issues in Lanka faces. a longer term perspective will be forthcoming or whether shorter Back to Contents term calculations of political advantage will dictate the policy

VIVEK : Issues and Options December – 2012 Issue: I No: XII 18

Dealing With The Neighbour From Hell - The Prime Minister Must Not Visit Pakistan - PP Shukla o the insistent clamour that will work again here. Prime Minister Manmohan T Singh must visit Pakistan The idea of an outreach to the in the near future, this is a “moderates” inside Pakistan is not rejoinder, and a plea not to be new. This is exactly what guided emotional in our approach to at Simla, and it was relations with Pakistan. An not long before she realised that analysis of the argument in favour she had misjudged badly. Within a of a visit shows that there are few months, Bhutto was back to really three arguments being the earlier rhetoric, and denying advanced in favour of the visit. that any understanding had been reached over Kashmir. Even then, The first is that the time is now he was also thrust aside, and the for an outreach to the people of proxy war in Punjab started Pakistan, for it is up to India to shortly after Gen Zia took over. All strengthen the forces of our efforts at strengthening the moderation at a time when that “moderates” were unavailing. country is wracked by extremist sentiment. The second argument, Prime Minister Gujral – may his closely related to the first, is that soul rest in peace – took this the decision makers in Pakistan further when he became first are becoming aware of the dangers Foreign, then Prime, Minister. their country faces, and are ready The Gujral Doctrine was to move forward and improve specifically aimed at relations with India. Some erudite strengthening these “moderates”, commentators add a third and it did not do much for the argument is the form of a history relations, as Pakistani lesson: overcame its sponsorship of terrorism continued problems through economic unabated. It did nothing the cooperation, and that is how the “moderates” either, who were two countries should overcome again thrust aside as another their problems. It worked there, it military dictator took over in 1999. * PP Shukla – Joint Director, VIF

VIVEK : Issues and Options December – 2012 Issue: I No: XII 19

This time round, the ground from the narrative of those who reality of Pakistan is even more want the visit to take place. The adverse for such woolly-headed plight of the Hindus, Sikhs, overtures. The military may be Christians, and even the Shias is somewhat weaker, but that further compelling evidence of the proposition has not been tested. real changes that are taking place After the removal of Gen Karamat, inside Pakistan. there was a sense in India again, that the army had been brought Finally, even the so-called under control, an assessment that moderates are not the kind that was buttressed by the weakening are willing to let the Kashmir of the army after the Kargil fiasco. issue drop. No, the difference is But more that they want to important, even if The fact that the judges who talk and settle the the army is sentenced some of the high- Kashmir issue on reluctant to take profile killers in recent months their terms; their had to go into hiding, and only difference is over formal power, sometimes leave the country, it remains strong, that they are tells a very different story from willing to criticise and continues its the narrative of those who role in upholding want the visit to take place. the use of terrorism the terror The plight of the Hindus, for this political infrastructure. The Sikhs, Christians, and even end. But their end the Shias is further compelling is the same as that infiltration of evidence of the real changes terrorists into of the hard-line that are taking place inside elements. Nobody India also Pakistan. continues at higher is even willing to levels than before. Further, the countenance any growing radicalisation of kind of territorial settlement that Pakistani society, and the growing would stand a chance of power of the jihadi network, calls acceptance in India. into serious question the notion The second argument is that there that the “moderates” are now in a is a change in Pakistani thinking position to make a difference. The and policies towards India. This fact that the judges who sentenced boils down to two developments in some of the high-profile killers in recent months. The first is a recent months had to go into statement made by the Pakistani hiding, and sometimes leave the Army Chief on Siachen. It is worth country, tells a very different story emphasising that he made these

VIVEK : Issues and Options December – 2012 Issue: I No: XII 20 remarks while visiting – not Yakub Ali Khan had agreed that, Siachen, for the Pakistan Army is as a military man, he recognised nowhere in Siachen, but west of that any troop withdrawal must Saltoro – where an avalanche had indicate where from the led to the death of some 130 withdrawal was to take place. soldiers. Pakistanis were asking why the soldiers were there and The other issue that has had why they could not be pulled back excessive play has been that of to safer distances. Here are the Most Favoured Nation [MFN] actual words he spoke: “…we’d treatment for Indian exports to like to resolve this [Siachen], but Pakistan. Since the beginning of there is a method of resolution and the year, there has been a clamour of course, we’ve talked about it, in India that this has been done by there have been a number of Pakistan. Of course, nothing of the rounds of negotiations and sort has happened yet, and the hopefully we should be able to promise is that it will happen at resolve it, and I think we should the end of the year. Meanwhile, a resolve it.” Pakistan parliamentary panel, headed by a ruling Party MP, has Our response at the media level recently recommended against was inexplicable: not only did the such a move by Pakistan. True, General say nothing new, his own the two countries have moved words indicated as much. He said from a positive list to a negative clearly that there was a method, list, but there is nothing in this and it should be used to resolve that allows Indian goods entry the issue. This is precisely what into the country on terms equal to we were doing, in the resumed those for other trading partners. dialogue. There has been a In any case, Pakistan is obliged, solution in the works for more under WTO rules, to treat Indian than two decades, and it has exports on MFN terms, but has foundered each time on the refused to do so for close to two Pakistani insistence that it will decades, even though we have not reflect the actual position held given Pakistani exports MFN by the troops at present. This treatment since the mid-1990’s. itself reflects and suggests bad This actually shows the scant faith on their part, especially regard it has for its obligations bearing in mind that as early as under even international treaties. 1989, then-Foreign Minister It is entirely characteristic of us

VIVEK : Issues and Options December – 2012 Issue: I No: XII 21 that we find this a major step mechanism, and allowing a forward. Firstly, it has not gratuitous reference to happened; moreover, it is not a Baluchistan – all to no avail. If major step anyway. there is a “moderate” group in Pakistan, it is unable to affect So much for the signs of change in policy. From the days of the Gujral Pakistan; the other two matters Doctrine, right through to the are easily disposed of too. The idea present, we have had terrorist of reaching out to the so-called attacks to contend with without moderates inside Pakistan is not cease: from the Kandahar new. Foreign Minister [later Prime hijacking through the attack on Minister] Gujral, whose sad Parliament, attacks in various passing away we cities [Bangalore, have just marked, From the days of the Gujral Delhi and had just this idea Doctrine, right through to the Mumbai], and behind the Gujral present, we have had terrorist attacks to contend with finally, the carnage Doctrine. He did in 2008. And on all occasionally say without cease: from the Kandahar hijacking through of these, the that the Doctrine the attack on Parliament, Pakistanis have did not apply to attacks in various cities stonewalled any Pakistan, but this [Bangalore, Delhi and move to bring the was only with Mumbai], and finally, the carnage in 2008. And on all of terrorists to book. regard to the All told, one would principle of non- these, the Pakistanis have stonewalled any move to bring be well advised to reciprocity; but in the terrorists to book. question whether his words and there is any actions, he was relevance to this thesis today, always mindful of the possible given that the extremist elements constituency in favour of better are much stronger than before, as ties with India within Pakistan. we saw in the killing of Governor Since then, we have maintained a Taseer and Minister Bhatti – their steady posture of nurturing this killers were regarded as heroes constituency, through the even among educated middle-class Vajpayee and the Singh sections of Pakistani society. We Governments. Under the latter, are also witnessing the growing we even signed some terror attacks on the minorities in incomprehensible joint statements Pakistan. on setting up a joint terror

VIVEK : Issues and Options December – 2012 Issue: I No: XII 22

The proponents of the outreach to came to naught. This policy of the “moderates”, therefore, owe it appeasement has been properly to Indian society to explain why consigned to the litter of failed they still persist in this failed strategies, and has served as a enterprise, and when the rest of us warning to all future Governments will see any results of the that this is a very unwise policy Sisyphean undertaking. They owe course. This is the true lesson of it to the skeptics, who have European history. Those who historical evidence on their side, to forget it, would do well to tell us when their efforts will bear remember how the West reacted to fruit, and what the milestones are the election of Kurt Waldheim as that will tell us we are on the right President of Austria in the mid- track. 1980’s: there was a whiff of suspicion – never conclusively Finally, we have to address the proved – that he had a Nazi past, European parallel. It is true, of and that was enough for him to be course, that economic cooperation boycotted by many western has transformed relations on the countries, and he was declared an Continent, making war undesirable alien in the US. unthinkable. But there was a pre- history to this. The Nazi regime This author had made some of was first defeated, Germany these points in a letter to the dismembered, and the leaders editor of the Indian Express, in brought to rough justice. A new response to a particularly fatuous Government arose in place of the article urging the Prime Minister Nazi regime, which disavowed, to visit Pakistan, but the paper and negated on the ground, chose not to publish it – though it Nazism and all its works. Equally did carry much more abusive important, it renounced its claim letters against the suggestion. to Alsace-Lorraine, the territorial Obviously, the idea is to paint the dispute with France. It was only objectors as extremist and after all this that the economic unthinking opponents of better cooperation was launched ties with Pakistan. successfully. The reality is that Pakistan is There were earlier efforts at growing increasingly isolated as sweet-talking and making US disenchantment with their territorial concessions to the Nazi duplicitous ways grows. The fear regime, in the 1930’s, but they in that country is that India and

VIVEK : Issues and Options December – 2012 Issue: I No: XII 23

America might find it in their does not mean any harm, few in interest to coordinate policies on the former believe our Pakistan, especially as the ISAF protestations. Here is a sample moves to pull out from from an article in Nation, the Afghanistan. It would be rich Pakistani newspaper: irony if, after decades of asking the Americans to take a hard look “The Indian leaders have on at the reality of Pakistan, we were many occasions predicted and to hold out a lifeline to that wished for Pakistan’s collapse. country now. It would also be a We keep hearing across the betrayal of the assurances given to border voices demanding the re- the people of India that the inclusion of Pakistan into India. terrorist masterminds of the It is no secret that India has not Mumbai attack only engineered would be brought Instead, we are advised by the trouble in to justice, and Pakistan Foreign Minister not Pakistan, but also to be emotional and to move on instigated USA to there would be no beyond one issue. It occurred to normal contacts hurt us whenever no one, then or later, to point possible. Right until then. out that it was Pakistan that was being emotional about after the Osama Instead, we are Kashmir, and was fixated on incident, the advised by the an issue that has been left Indian leaders Pakistan Foreign behind by history, despite also aired their Minister not to be every terrorist trick in the desire to take emotional and to trade adopted by Pakistan. unilateral actions move on beyond into Pakistan. one issue. It occurred to no one, India’s intentions are not a then or later, to point out that it secret.” [Nation 23 Oct 2011]. was Pakistan that was being emotional about Kashmir, and was Indian leaders have consistently fixated on an issue that has been maintained that we have a left behind by history, despite vested interest in a strong, every terrorist trick in the trade stable, united Pakistan, and adopted by Pakistan. have repeated this sentiment in season and out. But it obviously The ultimate irony is that, despite does not make any impression all the efforts by successive on some of important media Governments – NDA not excepted outlets in Pakistan. – to reassure Pakistan that India

VIVEK : Issues and Options December – 2012 Issue: I No: XII 24

It must be clear to all unbiased Minister to do in Pakistan, and and uncommitted observers that nothing to go for. there is nothing for the Prime Back to Contents

VIVEK : Issues and Options December – 2012 Issue: I No: XII 25

India’s Nuclear Deterrence Must Be Professionally Managed - Brig (retd) Gurmeet Kanwal

ndia declared itself a state recommendations to enhance its armed with nuclear weapons functionality. I in May 1998 after the Pokhran tests. Despite the fact that almost India’s nuclear doctrine is built 15 years have passed since then, around a ‘no first use’ policy with the number of good books on the ‘credible minimum deterrence’. In subject of managing India’s the interest of strategic stability, nuclear deterrence can be counted India is willing to absorb a ‘first on the fingers of one hand. This is strike’ and will launch punitive partly because academics and nuclear strikes in retaliation to strategic analysts find deterrence cause unacceptable damage to the theory and the complexities of adversary if it is attacked with nuclear command and control too nuclear weapons. India’s nuclear esoteric and partly because the weapons are political weapons has made no meant only to deter the use and attempt to encourage such threat of use of nuclear weapons research. None of the government against India. It is clearly funded think tanks have thought accepted in India that nuclear it fit to conduct research on this weapons are not weapons of issue. It is to the credit of Vice warfighting. Hence, India has Admiral Verghese Koithara (Retd) firmly rejected the use of tactical that he has dared to enter what or theatre nuclear weapons – may be loosely termed as despite provocation from across its forbidden territory. In his book western border. However, India Managing India’s Nuclear Forces has not publicly demonstrated (Routledge, 2012) Admiral that it has done what it takes to Koithara takes stock of the system ‘operationalise’ its nuclear in place for managing nuclear deterrence. This is the essence of deterrence, carefully evaluates its Admiral Koithara’s excellent book. efficacy and makes substantive In fact, he goes one step further to state that by keeping the armed * Brig (retd) Gurmeet Kanwal – Visiting Fellow, VIF

VIVEK : Issues and Options December – 2012 Issue: I No: XII 26 forces out of the nuclear decision are political weapons and not making loop, the authorities have weapons of warfighting, the barest actually undermined the minimum needs to be done to credibility of India’s nuclear create nuclear forces that are deterrence. robust and usable.

Both the NDA and UPA India’s nuclear signalling has been governments have tended to play marked primarily by the routine down discussion of nuclear issues flaunting of various models of Agni in the public domain. According to and Prithvi missiles at the the strategic community Nuclear signaling is an parade. No nuclear grapevine, the late extremely sophisticated art drills are known to Brajesh Mishra, and India appears to have have been held to India’s first ignored this aspect completely. ensure that the In view of these major National Security shortcomings, India’s nuclear missile groups can Advisor (NSA), had deterrence tends to lack deploy in a realistic issued an informal credibility and is not taken time frame and whip to the effect seriously by either military that the warheads that no one in adversaries or by the can be mated with government should international community. the launchers in India must demonstrate its speak to the media resolve to use nuclear weapons real time for early about nuclear if it ever becomes necessary retaliation in the deterrence. No through a carefully formulated eventuality of a discussions or process of signaling and must nuclear strike, seminars have enhance the quality of its even though some been held by the warhead and missile of these measures technology. three Services to may have been study issues like practised in secret. ‘targeting’ and deterrence Nuclear signaling is an extremely breakdown that are in the military sophisticated art and India domain. Through various acts of appears to have ignored this commission and omission, aspect completely. In view of these successive governments have major shortcomings, India’s created the perception that nuclear deterrence tends to lack acquiring nuclear weapons was an credibility and is not taken end in itself for power and prestige seriously by either military and that since nuclear weapons adversaries or by the international

VIVEK : Issues and Options December – 2012 Issue: I No: XII 27 community. India must India’s nuclear deterrence. He has demonstrate its resolve to use stated that inadequacies in the nuclear weapons if it ever becomes management of nuclear forces necessary through a carefully have degraded India’s deterrence, formulated process of signaling “Not just by the inability to and must enhance the quality of conduct operations in a safe and its warhead and missile reliable manner, but also by technology. The steps necessary to revealing a lack of seriousness of fully operationalise India’s nuclear purpose.” He bemoans the fact deterrence must not only be taken that the armed forces have been early, but must also be publicly kept away from functional seen to have been taken – within involvement in managing the bounds of security of deterrence and asserts that, information and materials. “Nuclear forces of every NWS are... closely controlled by the The author identifies and national leadership. But in every challenges the four tacit one of those countries, except assumptions behind the lack of India, these forces are managed by seriousness in operationalising the armed forces under the India’s nuclear forces: that supervision of the political deterrence credibility can be leadership.” He points out that the established through technological command and control structure is demonstration; that nuclear force patently flawed where even the operations are largely a technical Defence Minister is a peripheral matter; that transition from figure in nuclear decision making. general to immediate deterrence He recommends a return to the through alerting is not a very erstwhile Defence Committee of demanding exercise; and that force the Cabinet with the three Chiefs survivability is not a critical issue. as permanent invitees. He also mentions a fifth one: in a crunch situation the US will be India still does not have a Chief of there to call upon. He goes on to Defence Staff to provide ‘single successfully demolish all of them point military advice’ to the Prime through the force of logic. Minister. The three Services Chiefs are members of the Admiral Koithara focuses a sharp Executive Council of the Nuclear lens on the systemic weaknesses Command Authority (NCA) plaguing the management of headed by the NSA and not of the

VIVEK : Issues and Options December – 2012 Issue: I No: XII 28

Political Council of the NCA acquire tactical nuclear weapons headed by the Prime Minister. As like the 60-kilometres range Hatf such, their inputs would reach the 9 (Nasr) missile, which is PM only indirectly in a moment of inherently destabilising, and its crisis. This system of isolation of efforts to tip its cruise missile the three Chiefs is unsuitable for Babur with nuclear warheads. The long term nuclear planning. lack of serious confidence building Though India has a Strategic and risk reduction measures Forces Command (SFC) for between the two countries has also managing its nuclear forces, the C- not been covered, nor has India’s in-C SFC reports directly to the long standing support for total NSA in practice and keeps the disarmament been addressed. Chairman CoSC informed. Also, However, no book can cover the India does not have full fledged entire nuclear landscape. nuclear planning staff like Pakistan’s Strategic Plans This book deserves to be read by Division and nuclear planning is all personnel of the armed forces, not seamlessly integrated across particularly the senior officers. It the ministries and the must be prescribed reading for the departments. The author writes, Higher Command courses of the “Using inadequately prepared three Services. It must also be nuclear forces to generate read by the political leaders, deterrence will be similar to the scientists and bureaucrats or inadequately-supported forward technocrats who are involved in policy that India had adopted national security decision making along the Tibet border in 1959. and managing India’s nuclear forces. This remarkable book would have been much richer if the author had Back to Contents taken stock of Pakistan’s unbridled race for additional fissile material beyond its legitimate needs and its quest to

VIVEK : Issues and Options December – 2012 Issue: I No: XII 29

Reviewing India-Afghanistan Partnership

- Nitin Gokhale

he implementation of the say Kabul and have India-Afghanistan Strategic identified three areas to focus on - T Partnership, signed more increasing the intake of officers in than a year ago, is all set to gather India's premier training institutes; momentum in coming months in providing specialized training to the wake of a successful India visit the middle and higher level by Afghanistan's President, officers already operating in the Hamid Karzai, earlier this year. Afghan National Army (ANA); and training soldiers in counter- While Karzai, who first flew to insurgency and counter-terrorist Mumbai, before coming to New operations. Delhi for more formal discussions with Government leaders, was Over 200 Afghan cadets will be more focused on wooing Indian training at the National Defence investors, the most concrete Academy, the Officers' Training outcome of his four-day visit was Academies and the Indian the finalisation of a detailed Military Academy every year. This training programme for the is over and above the 600 serving Afghan security forces in Indian Afghan National Army (ANA) training institutions. officers who will undergo a variety of courses. Under the pact, which was under discussion for almost a year, India In addition, company level (100- has agreed to train upto 600 strong) contingents of the ANA Afghan Army officers every year in will be trained for four weeks at India. India, which has the world's the Counter Insurgency and third-largest army, will train, Jungle Warfare School (CIJWS) equip and build the capacity of the located at Vairangte in Mizoram. Afghan forces. India, however, has no plans to Sources in the Indian security send or deploy its troops in establishment familiar with the Afghanistan as of now. contours of the detailed schedule * Nitin Gokhale – Visiting Fellow, VIF

VIVEK : Issues and Options December – 2012 Issue: I No: XII 30

"India is a great destination for us, helping with the building of roads, for the training of our military, for hospitals and even the parliament the training of our police and for building in Afghanistan. But by the provision of equipment that offering extensive training India can provide, that is, within facilities to the ANA, India has the means of India. We are certain decided to ramp up its that proximity that we have, the involvement, although it's centuries of civilizational links currently stopping short of that we have, makes it easy for supplying any military hardware. Afghan young officers – men or New Delhi has also decided not to women - to come to India and get send training teams to the best from here. Afghanistan in That will be a great The Indian security and view of the two strategic establishment has contribution in been wary of discussing the attacks on its bringing the Indo-Afghan military-to- embassy in Kabul. Afghan Army and military relationship, not least police to an because of Islamabad's The Indian security institutionalized sensitivities. Pakistan sees the and strategic order which is of growing relationship between establishment has New Delhi and Kabul as been wary of the highest denying "strategic depth" to its importance for us," army, and as an Indian discussing the Karzai told attempt to encircle Pakistan. Indo-Afghan Amitabh Revi, my India has been central to military-to-military colleague at NDTV Afghanistan’s quest to rebuild relationship, not in an interview just its economy. Since 2002, India least because of has contributed over $ 2 billion Islamabad's before departing in aid. for Kabul on sensitivities. Tuesday. Pakistan sees the growing relationship between New New Delhi has also decided to Delhi and Kabul as denying supply vehicles, information "strategic depth" to its army, and technology and sports equipment, as an Indian attempt to encircle a move seen as a paradigm shift in Pakistan. India has been central India's approach to Afghanistan. to Afghanistan’s quest to rebuild its economy. Since 2002, India has So far, India has concentrated on contributed over $ 2 billion in aid. using "soft power" in the development sector, such as

VIVEK : Issues and Options December – 2012 Issue: I No: XII 31

In the last week of June this year, companies, CII and Afghanistan New Delhi had hosted an officials are hoping that the investors’ conference that focused companies would have gotten a on inviting companies and fair idea about the business businessmen to invest in opportunities that exist in the Afghanistan. It was a first for New war-ravaged country. Delhi. That time Afghan officials listed At the investors’ conference those several measures to woo investors. thoughts appeared far from They also said that the everyone’s mind. Organized jointly government had adopted an by the Ministry of External Affairs investor-friendly foreign-exchange and the Confederation of Indian system and allowed banks to open Industry (CII), the conference foreign-exchange accounts. “We attracted private investors from have also permitted 100 per cent over 40 countries. The Afghans foreign ownership of enterprises were also present in strength. Five and easy repatriation of profits,” senior ministers handling mining, one official said. commerce and finance were in attendance. And they went out of India’s then foreign minister, S.M. their way to assure potential Krishna, pointed out what lies investors. As Anwar-ul-Haq ahead. “We visualize Ahady, Afghanistan’s commerce Afghanistan's mineral resources, minister said: “When you take into agricultural products and human account the high level of risk, the resources as possible drivers of return on investing in Afghanistan growth and regional economic is much greater than most other development that together with parts of the world … Your the energy resources of Central investment will not only benefit Asia, Iran and the Gulf, the you and your employees but also growing economic prowess and create conditions that will promote markets of China, Russia, Turkey peace and stability in Afghanistan and India, could knit the entire and the wider region.” region between Turkey in the west, Russia in the north, China Although it’s early days yet to in the east, and the Arabian Sea judge if the Delhi conference and the Indian Ocean in the south, resulted in any substantial in a web of trade, transit and commitments from private energy routes and economic

VIVEK : Issues and Options December – 2012 Issue: I No: XII 32 cooperation. This vision requires Afghanistan. These big cities of international support in the form Afghanistan have been of institutional finance and foreign transformed like never before. We investment,” he told the have built more roads and more conference participants. reconstruction and development has taken place in Afghanistan, in This time too, Karzai's delegation the past 10 years, than in the was more forthcoming on allowing whole of our history. So, an India and Indian companies to obscurantist mindset's return to mine Afghanistan's vast natural Afghanistan to take power is resources. Indian companies are absolutely a thing of the past and planning to invest over $ 11 billion will not happen. A sense of in the mining sector over the long insecurity will still term in These big cities of Afghanistan continue. There Afghanistan. have been transformed like will be bomb blasts, never before. We have built there will be The Afghan more roads and more incidents like that, President, reconstruction and that we have in our however, admitted development has taken place whole region. But in Afghanistan, in the past 10 that the security that will not be a situation is still years, than in the whole of our history. So, an obscurantist hindrance to the fragile and attacks mindset's return to progress of by the Taliban Afghanistan to take power is Afghanistan or to would continue absolutely a thing of the past the continuation of post 2014. But he and will not happen. the democratic rule said that there was in Afghanistan," no chance of the Taliban grabbing Karzai said. power in Afghanistan again. Karzai also met Prime Minister "I don't visualise that happening . The two leaders because Afghanistan has reviewed progress in the advanced... revolutionised implementation of the Strategic massively. There are, as I said, Partnership Agreement during the thousands and thousands of past year. The Indian government Afghans youth who have returned also cleared another tranche of from education abroad and there development aid to the tune of Rs. are tens of thousands who are 540 crore to be given to the war- educating themselves in south torn country where such help has

VIVEK : Issues and Options December – 2012 Issue: I No: XII 33 earlier directly benefited the local Back to Contents communities.

VIVEK : Issues and Options December – 2012 Issue: I No: XII 34

Grandma’s Remedies For Governance Issues

- Dr M N Buch

was a stripling short of from the Indian Medical Service. twenty-three years when I Col. Kataria was an old fashioned I joined as Assistant Collector at doctor, a wonderful clinician who Morena, after completing my first diagnosed a disease and only training at the IAS Training then gave medicine. He had one School at . Morena look at me and wanted to know can be frightfully hot in the what I had done to myself. When I summer and my training required told him about the course of almost constant exposure to the treatment I had undergone he sun. I developed a bad attack of shouted that the doctors who prickly heat, which turned into an treated me were butchers, I did infection which spread through not have any fungal infection but the hair roots and caused me to had a relatively simple infection burst out in painful rashes. I was called seborrhoeic dermatitis, referred to the Medical College, which is simply an aggravated Gwalior, where I was diagnosed as form of prickly heat which affects having a fungal infection for which the sebaceous glands. He gave me the doctors prescribed medicines a cetrimide based shampoo, a and subjected me to a course of lotion consisting of castor oil and superficial X-ray therapy. This lavender oil and an ointment only aggravated my problem, which had both menthol and caused my hair to drop out and my salicylic acid, which is the main skin to become brittle. So much for ingredient of aspirin and told me modern medicine. to use these for one week. By the third day the infection began to One weekend, I came to Delhi to recede and within one week I was visit my mother, who saw my fully cured. The sequence to this condition and advised me to meet was in my next Sub division, an old family friend, a somewhat Kannod. In the wild and woolly irascible colonel who had retired Bagli Tehsil of the Subdivision we

*Dr M N Buch - Visiting Fellow, VIF

VIVEK : Issues and Options December – 2012 Issue: I No: XII 35 had a doctor in charge of the grandma’s remedies, or tried and primary health centre, called Dr. tested methods of administration. Joseph, who hailed from Kerala. This paper attempts to explore When I told him my story he said these old, reliable systems to see that if I wanted to avoid any skin whether we can find solutions for infection in the future I should the myriad problems of prepare a decoction by boiling a governance we are facing. handful of neem leaves, add a mug full to a bucket of water and bathe It is the objective of every with it. I followed his advice and, government to govern, that is, to touch wood, have never had a skin control and direct the affairs of the problem. I bless Dr. Kataria and country and for this purpose to Dr. Joseph for deliver to the people that which would promote curing me with It is the objective of every remedies which government to govern, that is, their welfare. Even were virtually to control and direct the affairs the worst of herbal. of the country and for this dictators has not Unfortunately, purpose to deliver to the people disagreed with this they could not that which would promote definition of their welfare. Even the worst government restore the hair I of dictators has not disagreed had lost, thanks to with this definition of because I have yet the doctors at government because I have yet to come across a Gwalior. to come across a dictator who dictator who states states that he does not desire that he does not One can wonder the welfare of the people. desire the welfare why I am telling of the people. The stories about myself and referring difference between good to grandma’s recipes in an article government and bad government aimed at addressing the extremely is a differential view of what important issue of governance. constitutes welfare, but on paper Well, sometimes parables and at least the objective is to make fables convey a far more serious the country strong, to give people message than scholarly studies pride, to make people prosperous. and long orations based on When Hitler destroyed the theories of politics and the Weimar Republic, this is precisely philosophy of government. In the agenda he placed before the other words, in the field of German people and won their government there is room for confidence adequately to win an

VIVEK : Issues and Options December – 2012 Issue: I No: XII 36 election and come to power. What Federal Court, which were not followed is perhaps the most subordinate to the Executive from unimaginable of horror stories in the sessions court level upwards. the history of the world, but the The Magistracy and the Police had stated objective still remained the the same powers then as they good of the people. have today under the Police Act and the Code of Criminal Let us return to India and see the Procedure in the maintenance of situation here. I refer to the period public order and the prevention of from when the British took control offences. The Thanedar and of this country right up to the Tehsildar of British days virtually present day, when we became an operated under the same laws as independent, democratic republic. we do today, but they were much British rule (I refer here to the more effective in ensuring that post 1857 direct rule of the British society remained orderly and Government) was based on an crime was controlled and understanding that India was a prosecuted. In the matter of law society of laws. British rule was and order, every public servant designed to perpetuate, imperial knew where his duty lay and power in India, but the manner of public disorder was dealt with governance was law based and not sternly. No officer looked over his arbitrary. Therefore, even during shoulder to find out what was the independence movement, the expected of him by his official and British were responsible for political masters. If there was a maintaining the empire, but situation to be dealt with the always through laws, the officer on the spot attended to this enforcement of which also was in the full confidence that he according to law. Unlike the would be supported for his actions. Gestapo and the Kampetai, the This spilled over into the first police did not have the power of twenty years of independence also. arbitrary arrest and arbitrary sentencing. The police could not Let me give a few examples. hold anyone in custody for more Ambah Tehsil of Morena District than twenty-four hours without had a Tehsildar, P.N. Vats, an producing him before a Magistrate outstanding officer by any and the power for dispensing reckoning. Ambah was one of the justice lay with Magistrates, worst dacoity affected Tehsils in Judges and the High Courts and the whole of India, with many of

VIVEK : Issues and Options December – 2012 Issue: I No: XII 37 the gangs being created by issues trouble, launched aggressive relating to land disputes. Vats patrolling by the police and expedited hearing of revenue created an environment in which cases, he was a virtual scourge for wrongdoers trembled, peace was his Patwaris if they failed in their maintained and there was no duty to maintain land records communal riot. The District properly and he was extremely pro Magistrate and the active in dealing with any case in Superintendent of Police also which land was a bone of played their role by fully contention. He not only brought supporting the man on the spot, down pendency of litigation; his with the administration at the activist role actually brought sub-division level achieving peace to the Tehsil and drastically something which today several reduced the incidence of dacoity. battalions of armed police are He did not wait for orders from his unable to do. Collector and he certainly did not heed or tolerate any undue The third case is of Sub-Inspector political interference in his work. Maluk Singh, who was the Station What he wanted was to be Officer of the police station at effective as an officer and provide Nagda. Nagda has a large good government to Ambah. industrial establishment based on GRASIM. There was trade union The second case is of Inspector militancy which, unfortunately, Bitta Singh, who was Circle was fragmented. Suddenly trouble Inspector at Sheopur, then a sub- flared up and before the district division of Morena. An extremely administration could be fully ugly dispute broke out over a aware of what was going on the temple and a mosque and the situation became really incendiary Hindu Mahasabha was up in arms in Nagda. Maluk Singh did not against the . The have a large force available to him situation was extremely volatile but he suddenly grew ten feet tall and could have resulted in a major and by legal action, threat, communal riot, which would have persuasion and every other means spread to the entire region. This which lay within law he was able outstanding police officer, without to bring warring factions together, waiting for orders from anyone, put the fear of God into them, immediately intervened, arrested force the management and those who were trying to foment workers to sit together for a

VIVEK : Issues and Options December – 2012 Issue: I No: XII 38 negotiated settlement and he rather the elected representatives achieved within two days what of the people who, as members of today massive government the Council of Ministers, take the intervention cannot do. Peace was policy decisions relating to maintained at Nagda because of government. Nevertheless we the initiative of this fine young continue the old system where the police officer. I am mentioning Head of State exercises executive these three cases because I am power through officers subordinate witness to what happened both in to him, the said powers being Morena and in Ujjain, in the exercised on the aid and advice of former as Assistant Collector the Council of Ministers. This, under training and in the latter as however, does not in any way Collector and change the old District There being continuity position about Magistrate. If the between the Government of India being a man on the spot is India Act 1935 and the country of laws, in trusted and is Constitution of India, the only which the laws are empowered to act, real change which has come framed by the about between how the British there is no governed us and how we legislators but are situation in India govern ourselves is that under implemented, which cannot be Government of India Act we within the policy tackled. were a limited democracy approved by the whereas under the Indian Council of There being Constitution we are a fully Ministers, by democratic republic. continuity between officers appointed the Government of by the President or India Act 1935 and the the Governor as the case may be. Constitution of India, the only real The law vests certain powers in change which has come about officers and these officers are between how the British governed required to exercise their powers us and how we govern ourselves is freely, fairly, without interference that under Government of India and in accordance with the law. Act we were a limited democracy For example, Chapter X of Cr.P.C whereas under the Indian authorises an Executive Constitution we are a fully Magistrate or a police officer to democratic republic. In a command an unlawful assembly to democracy it is not the disperse and on its failure to do so, bureaucracy which rules but to take such necessary action to

VIVEK : Issues and Options December – 2012 Issue: I No: XII 39 disperse it as may be called for, every magistrate knows that if he including the use of force, even does take action he will not lethal force. The Code of Criminal necessarily be supported, the press Procedure does not say that in will probably come out with a exercising this power the biased view and political pressure Executive Magistrate or the police will result in action against the officer will seek the permission of officer rather than support for a politician, a superior officer, or him. Therefore, Magistrates and any other authority. He has the police officer just do not act power, he is required to maintain because in India acts of omission order; he must ensure that there is are still not really punished. It is public peace and, therefore, he is now very rare to find a Bitta Singh both free and duty or a Maluk Singh. bound to take all The Code of Criminal Instead one finds Procedure does not say that in necessary action to exercising this power the officers of the type maintain order. Executive Magistrate or the who now man the police officer will seek the Police How does the permission of a politician, a and allow Shiv system actually superior officer, or any other Sainiks to disrupt work? In Bombay authority. He has the power, peace, but will not the Shiv Sena he is required to maintain order; he must ensure that do their duty to decides what is there is public peace and, prevent this in the lawful and what is therefore, he is both free and interest of the unlawful and the duty bound to take all citizen at large. police station necessary action to maintain stands by as a order. Law and order is spectator. Every only one aspect of riot is an offence and every mob government and at the top end of which indulges in rioting is an the administrative pyramid we unlawful assembly. When have the Council of Ministers and communal violence occurs why do the Secretaries to Government police officers not take action as who are required to take decisions they are authorised to do by the within the overall umbrella of the Code of Criminal Procedure? It is Rules of Business of the Executive not for want of legal authority but Government. In Madhya Pradesh, rather because the exercise of for example, there are the legal authority is now almost out Business Allocation Rules which of fashion. Every police officer, allocate business between

VIVEK : Issues and Options December – 2012 Issue: I No: XII 40 different departments and then the 2G Spectrum allocation case there are the Rules of Business of and as is provided by Rule 48 of the Executive Government the Rules of Business of Madhya whereby the Governor ordains Pradesh, the Secretary of the how the business of government Department is personally will be conducted. For example, in responsible for careful observance Madhya Pradesh, there are three of the rules. This means that if categories of cases: those cases there is a material departure from which are to be brought before the rules by anyone, including the Council of Ministers, those cases Minister, the Secretary to the in which before final orders are Government is responsible to issued by a department the matter ensure that the matter is brought will be submitted in coordination to the notice of the Minister to the Chief Minister, and those concerned and, where necessary, cases which a department is to submit the case in coordination competent to finally dispose of. so that the Prime Minister or the Under Part V of the Rules of Chief Minister may be made Business there is a procedure laid aware of the deviation and give down whereby a Secretary or a necessary instructions on the final Minister may dispose of a case. A disposal of the case. The question Secretary is permitted to dispose is, how many Secretaries do of every case which is of a routine actually dispose of cases finally nature, or on which the question of and how many Secretaries have policy has already been settled, as the guts to put up a case in also of matters which the Chief Coordination because the Minister Minister or the Minister in charge and the Secretary do not agree on direct the Secretary to finally how other matter should be decide. In other words, in a matter decided. in which there is no issue of policy involved, the Secretaries are fully There is corruption. Corruption is empowered to dispose of the case. a criminal offence and under the Unfortunately no Secretary now Code of Criminal Procedure, exercises this power and instead criminal offences shall be even minor, routine matters are investigated by the police. Under put up before the Minister. section 154, the citizen is required Administratively, therefore, there to report the alleged commission of is a form of paralysis in the higher an offence to the police, which is echelons. As was amply proved in required to treat this as the First

VIVEK : Issues and Options December – 2012 Issue: I No: XII 41

Information about the crime and The most notorious police force in to record it in the specially India is the CBI, which legally has prescribed FIR book. Once the FIR no existence and whose legal is recorded, then under section 156 avatar is the Delhi Special Police Cr.P.C. the officer in charge of a Establishment (DSPE). This force police station is bound to is notorious for acting with investigate the case and to do this political bias, for holding he neither needs permission nor is preliminary enquiries prior to authorised to abjure investigation. registration of the FIR and for The wording of section 154 and acting in fits and starts in eminent other provisions of Chapter XII cases according to what the are very clear. The police officer is political masters dictate. But this bound to record a FIR, he is bound is not the scheme of policing in to investigate an offence, his India and, therefore, what we need investigation cannot be interfered is not new Police Acts or new by any authority, he must submit police arrangements but rather a a challan to the court if there is a reminder to the police that the prima facie case and if no prima existing law is complete in itself. It facie case is made out he is bound fully empowers the police and the to report the matter to the court police should not act as and obtain permission to close the handmaidens of individual case. For this, he does not need politicians but rather go back to anyone’s permission, nor can the old practice of policing anyone either force him to according to the law. investigate or refrain from investigating fully or in part. Here In every aspect of governance, the is the ultimate grandma’s remedy, right way is already prescribed contained in the Police Act which and we do not need new laws in dates back to 1861 and the Code of this behalf. For example, tender Criminal Procedure which is only procedures are fully prescribed in a modification of the Code of 1898. existing PWD manuals. Despite The power of the police to this officers quite often bypass investigate is the same in 2012 as tender procedures, either under it was in 1898. Why, then, do we pressure of money or the pressure keep receiving complaints that the of politics and this has always police does not act? resulted in cost overruns, poor quality work, non adherence to schedule and generally

VIVEK : Issues and Options December – 2012 Issue: I No: XII 42 unsatisfactory execution of the then encouraging them to take sanctioned work. Why do we need suitable action we can provide new laws here? What we need is a good government to this country, firm decision both by the why do we need Kejriwal and government and the officers Prashant Bhushan’s remedies? I concerned that they will not would only end by saying that deviate from established norms, or what we need in this country is the established rules. For that officials at every level begin example, The Directorate of Town to be aware of their legal powers, and Country Planning will not the mandate given to them by change land use except by due government and the expectations process, for good reason and of the people regarding what within the overall scheme of the government will deliver. We need Development Plan of the city. This to empower our officials by does not call for new rules, it calls assuring them that if they operate for the personal integrity and within what they are authorised to morality of the officer concerned do, they will be fully supported, if who deals with a situation they do not do their duty they will according to rules and laws and be punished and if they take does not succumb to any decisions at the behest of others blandishment or threat or they will be removed from service. pressure from his superiors. Is Once this happens and the that too much to expect? bureaucracy begins to function effectively all the old remedies of I am not suggesting that radical grandmother will flood back and surgery or fourth generation drugs the administration will return to a should never be resorted to. But if level of efficiency which it enjoyed an old fashioned carminative in the past. It is then and then mixture relieves a stomach ache, alone that we should assess what why should there by resort to reforms are needed to carry expensive antibiotics? Why go to government to the next level of anti allergens and cortico-steroids administrative elevation and for to deal with an insect bite when in this purpose reform the present the garden itself there are plants a structure of government and the poultice of which will be enough to network of laws. deal with the toxic effect of that bite? If by educating officers on Back to Contents what their legal powers are and

VIVEK : Issues and Options December – 2012 Issue: I No: XII 43

CAG And The Indian Constitution

- Prof. Makkhan Lal

n India, it has become Indira Gandhi ‘in the effort to customary to abuse the have a populist image…went on I Constitution and/or the concept of committed Constitutional Authority democracy, committed judiciary’.”1 whenever a political party or a political leader is in trouble for Romesh Thapar (for long, along their misdeeds. Let us not forget with his wife Raj Thapar, a that this began with Jawaharlal member of Mrs. Gandhi’s Kitchen Nehru himself and also that the Cabinet): “The suspension of very first constitutional democracy ‘was the culmination of amendment bill was introduced in a process of manipulative politics the Parliament on 12th May 1951 set in motion many years earlier, (six months after the death of and very often the handiwork of Sardar Patel) when Part III of the supposedly democratic men.”2 Constitution, dealing with the Fundamental Rights, came in the We need not go on discussing the way of certain ill-conceived and ill- reasons for imposing the timed actions of the then Emergency and converting the Government. The ultimate abuse country into a Middle-Ages of the Constitutional provisions European fiefdom. But we need to was reflected in the imposition of remember what politicians do Emergency on 26th June 1975. when they are in trouble on Even the most diehard supporters account of their misdeeds, and part of the then regime had corruption, and so on. this to say: What we have witnessed in the B.K. Nehru (then High last three years (more precisely in Commissioner to London and Mrs. the regime of UPA-II) is a large Indira Gandhi’s cousin): number of scams committed not by “ and Shastri a Harshad Mehta or a Natwar Lal, ‘knew what a constitution was… but by the very same people who [its] checks and balances.’ But have been appointed to be its

* Prof. Makkhan Lal – Senior Fellow, VIF

VIVEK : Issues and Options December – 2012 Issue: I No: XII 44 custodians. globally recognized. It has been appointed as external auditor for Commonwealth Games loot, 2G the International Atomic Energy Scam, Coal Mines allotments, and Agency, World Health Gas fields’ allotments are just the Organisation, World Intellectual tip of the iceberg. Let us Property Organisation and several remember that these scams have more such institutions based on not been brought out by open bids against competition investigative journalist like in the from Sweden, Germany, France 1970s and 1980s but by the and the UK. We must appreciate Government’s own watch-dog – that the CAG of the Comptroller The CAG’s expertise is globally India did not win and Auditor recognized. It has been solely on cost but General – having appointed as external auditor also on technical been given the for the International Atomic considerations. constitutional Energy Agency, World Health Many of its bids mandate to keep an Organisation, World were not the eye on the Intellectual Property Organisation and several more lowest. Government’s such institutions based on functioning open bids against competition Worst still for the concerning from Sweden, Germany, critics, Mr. Vinod financial matters. France and the UK. We must Rai, the CAG, was appreciate that the CAG of chosen and Once the India did not win solely on cost appointed by the but also on technical Government was very same on the mat, its considerations. Many of its bids were not the lowest. Government which minions started the is in power today. cacophony – CAG But the is an agent of the opposition, it has insinuations and allegations have no right to question the taken a serious turn and need to Government, it has no jurisdiction be taken note of, especially when over the matter and indeed the they emanate from the Cabinet CAG is incompetent and and the State Ministers of the unqualified. These minions forget Government. that the present CAG, Mr. Vinod Rai, is one of the most outstanding Having being exposed in scams of and upright officers of this several lakhs of Crores (it may not country. The CAG’s expertise is be possible even for a highly

VIVEK : Issues and Options December – 2012 Issue: I No: XII 45 educated person to write these Article 324(3). When any other figures in digits), they have Election Commissioner is so started propagating the argument appointed, the Chief Election that a one-member CAG is not Commissioner shall act as the good enough and it needs to be Chairman of the Election transformed into a multi-member Commission. body. For this, they cite the example of the Election It can be seen that our Commission. Constitution makers had provided for a single-member or a multi- In order to confuse and convince member Election Commission and the laity, it is being argued that, indeed who shall be head of this like the Election Commission, the body in case it is multi-member. CAG must also be made a multi- Thus, the Government was within member body. It appears very fine, its Constitutional rights when, on attractive and convincing. But we 16th October 1989, it appointed must assess as to what the two additional Election Constitutional provisions are. The Commissioners thinking that it provisions of the Election will clip the wings of the then Commission are dealt with in the Chief Election Commissioner, Mr. Constitution in Article 324. T.N. Seshan. It is another matter Articles 324(2) and 324(3) read as that today politicians have come to follows: fear it as the Sword of Damocles – be it only for a brief period. Article 324(2). The Election Commission shall consist of the However, the Constitution has Chief Election Commissioner and dealt with the Comptroller and such number of other Election Auditor General on a very Commissioners, if any, as the different plane. It must be President may from time to time mentioned here that there was an fix and the appointment of the independent Auditor General Chief Election Commissioner and even before Independence and it other Election Commissioners was given an independent status shall, subject to the provisions of even in the Government of India any law made on that behalf by Act of 1935. The CAG is dealt with the Parliament, be made by the in Article 148 (Chapter V) of the President. Constitution of India. Some of its provisions are:

VIVEK : Issues and Options December – 2012 Issue: I No: XII 46

Article 148 (Comptroller and made by Parliament and, until Auditor-General of India) provision in that behalf is so made, shall perform such duties (1) There shall be a Comptroller and exercise such powers in and Auditor-General of India who relation to the accounts of the shall be appointed by the Union and of the States as were President by warrant under his conferred on or exercisable by the hand and seal and shall only be Auditor-General of India removed from office in like manner immediately before the and on the like grounds as a Judge commencement of this of the Supreme Court. Constitution in relation to the accounts of the Dominion of India (4) The Comptroller and Auditor- and of the Provinces respectively. General shall not be eligible for further office either under the Article 151 (Audit reports) Government of India or under the Government of any State after he 1. The reports of the Comptroller has ceased to hold his office. and Auditor-General of India relating to the accounts of the (6) The administrative expenses of Union shall be submitted to the the office of the Comptroller and President, who shall cause them to Auditor-General, including all be laid before each House of salaries, allowances and pensions Parliament. payable to or in respect of persons serving in that office, shall be 2. The report of the Comptroller charged upon the Consolidated and Auditor-General of India Fund of India. relating to the accounts of a State shall be submitted to the Governor Article 149 (Duties and powers of of the State, who shall cause them the Comptroller and Auditor- to be laid before the Legislature of General) the State.

The Comptroller and Auditor- From the above following points General shall perform such duties are crystal clear from the and exercise such powers in Constitution point of view:3 relation to the accounts of the Union and of the States and of any 1. The use of expression other authority or body as may be that “There shall be a prescribed by or under any law Comptroller and

VIVEK : Issues and Options December – 2012 Issue: I No: XII 47

Auditor-General of or outside. Specifically, India” clearly shows audits include that the founding transactions relating to fathers of our debt, deposits, Constitution had remittances, trading, envisaged CAG as a and manufacturing, single person profit and loss Constitutional accounts, and balance Authority and not a sheets kept under the Commission. order of the President 2. CAG is appointed by of India or the the President of India Governors of States. as per the provisions of These were exactly the the Constitution of duties and powers India and can be defined also in the removed only in the Government of India manner and on like Act, 1935. grounds as a Supreme 5. In order to save the Court Judge. CAG from any pressure 3. CAG is not an from any quarter, the employee/officer of the CAG is not allowed to Government of India. It hold any office after is a Constitutional retirement and also all Authority and is its expenses are met answerable to the from the Consolidated Parliament and the Fund of India. President of India. 4. It is the duty of the The Article(s) dealing with the CAG to audit the Comptroller and Auditor General Government accounts in the Constitution were debated (including the accounts and discussed threadbare.4 T.T. of the state Krishnamachari, Biswanath Das, governments) in India K.T. Shah, H.N. Kunzru, and P.S. to audit all expenditure Deshmukh were among those who from the revenues of participated in the debate and the union or state moved amendments. Replying to governments, whether the debate and amendments incurred within India moved by the members of the

VIVEK : Issues and Options December – 2012 Issue: I No: XII 48

Constituent Assembly Dr. B.R. It was unthinkable in the olden Ambedkar, Chairman of the days to criticize the CAG, to say Drafting Committee, said: nothing of attributing motives and hurling invectives. While speaking “… (this) dignitary or officer is about the CAG, Jawaharlal Nehru probably the most important said in the Parliament: officer in the Constitution of India. He is the man who is going to see “For the CAG to be criticized on that expenses voted by Parliament the floor of the House would tend are not exceeded, or varied from to undermine his special position what has been laid down by under the Constitution and would Parliament in what make it difficult for is called the It was unthinkable in the him to discharge Appropriation Act. olden days to criticize the his duties without If this functionary CAG, to say nothing of fear or favour”. is to carry out the attributing motives and hurling invectives. While It is not for no duties – and his speaking about the CAG, duties, I submit, Jawaharlal Nehru said in the reason that the are far more Parliament: Supreme Court important than the recently expressed duties of even of “For the CAG to be criticized its anguish in the on the floor of the House would following words: the judiciary – he tend to undermine his special should have been position under the "CAG is not a certainly as Constitution and would make independent as the it difficult for him to discharge munimji or an Judiciary. But, his duties without fear or accountant or comparing the favour”. something like Article about the that... He is a Supreme Court and the article constitutional authority who can relating to the Auditor-General, I examine the revenue allocation cannot help saying that we have and matters relating to the not been giving the same economy. CAG is the principal independence which we have given auditor whose function is to go to the judiciary, although, I into the economy, effectiveness personally feel that he ought to and efficiency of the use of have far greater independence resources by the government. If than the judiciary itself.”5 the CAG will not do, then who else will do it"

VIVEK : Issues and Options December – 2012 Issue: I No: XII 49

It is now time that people in 4. For details see Constituent general take note of such Assembly Debate, Vol. VIII, utterances against the pp. 403-415; Dr. S.C. Constitutional Authorities and Kashyap, 2004 (Second take appropriate measures to Revised Edition), The safeguard the Constitution. Framing of India’s Constitution: A Study, New Notes and References Delhi. Pp. 412-17. 5. Constituent Assembly 1. B.K. Nehru in Sunday Mail, Debate, Vol. III, pp. 407-8. 5 April, 1992; Quoted in 6. Observation of a bench of Austin Granvuille, 1999, Supreme Court of India Working of Democratic while dismissing a petition Constitution: A History of challenging CAG reports on Indian Experience, Oxford, p. 2G spectrum, Coalgate, etc. 298. 2. Romesh Thapar, 1977, The Rear Meat of Emergency, Economic and Political Weekly, April 2, 1997. Back to Contents 3. See The Constitution of India, Articles 148-151.

VIVEK : Issues and Options December – 2012 Issue: I No: XII 50

JPCs Must Have The Power To Summon Ministers

- A Surya Prakash

rchaic rules and deep comprehensive review of divisions along political parliamentary practices. As a A lines within the Joint result, many rules that came into Parliamentary Committee (JPC) the book decades ago, still dictate probing the controversial 2G the way things are done, although Spectrum sale have affected the much has changed in the world efficacy and sanctity of over these years. parliamentary investigations. While the controversy over the For example, the rules governing committee’s right to summon the working of the parliamentary ministers has raised the question committees do not permit them to as to whether there is a need for a summon the Prime Minister. Even re-look at parliamentary practice the summoning of ministers is not and procedure, there can be no permitted. Some committees, easy solutions to the problem however, have managed to record posed by the political divide. the evidence of ministers after obtaining special permission from The rules that govern the working the Speaker of the . of the Lok Sabha and the Rajya Given the times we live in, one Sabha, which were constituted 60 would think that these are years ago, have largely been taken unwanted hurdles placed before from the British Parliament. Over committees. Since transparency the years, some changes have been and accountability are the buzz made keeping in mind the Indian words in democracies around the ethos, the peculiarity of world today, rules that bar representational politics and the parliamentary committees from demands that constituents make summoning and questioning the on their MPs in this country. Prime Minister or a member of his However, these changes have been Cabinet, do not make much sense ad-hoc. There has never been a at all.

* A Surya Prakash – Senior Fellow, VIF

VIVEK : Issues and Options December – 2012 Issue: I No: XII 51

It is this disjunction between The argument against summoning archaic rules and contemporary ministers is also not well founded. democratic needs that is at the Parliament has had several JPCs heart of the current conflict in the past and there have been between the ruling and the two such joint committees which opposition MPs within the JPC. have summoned ministers. For Members belonging to the example, in 1992, Parliament Bharatiya (BJP), constituted a JPC to probe which is in the opposition, want irregularities in securities and ministers to be summoned, while banking transactions. This MPs from the ruling Congress committee, which was headed by Party oppose the idea. The Mr.Ram Niwas Mirdha, Congress view is summoned many The argument against articulated by the summoning ministers is also ministers and ex- JPC’s Chairman not well founded. Parliament ministers. It Mr. P.C. Chacko, has had several JPCs in the investigated who belongs to that past and there have been two irregularities and party. He is of the such joint committees which fraudulent view that the have summoned ministers. For manipulations in example, in 1992, Parliament Prime Minister constituted a JPC to probe transactions cannot be irregularities in securities and relating to summoned by the banking transactions. This securities, shares, JPC because “there committee, which was headed bonds and other is no precedent”. by Mr.Ram Niwas Mirdha, financial But, would this not summoned many ministers instruments and and ex-ministers. be a changeless the role of banks, world if we did stock exchanges, nothing that had no precedent? financial institutions and public The other problem is the political sector undertakings in this scam. divide within the committee. The The committee also had to fix Congress Party’s blind assertion of responsibility and to recommend its majority in the JPC has put a safeguards to prevent such question mark on the standing of manipulation of the market in the parliamentary committees and future. This JPC asked as many as struck a blow against the ten ministers and ex-ministers to semblance of non-partisanship send in their responses to issues that characterised the work of before the committee and this these committees in the past. included Mr. Manmohan Singh

VIVEK : Issues and Options December – 2012 Issue: I No: XII 52 and Mr. B.Shankaranand, Thereafter, it felt that ministers at that time and Mr. there were some points on which V.P.Singh, former Prime Minister ‘further clarification” was needed and several former ministers - and called both the ministers to , S.P.Malaviya, tender evidence before it. This Madhu Dandavate, Chinta Mohan, JPC had also summoned two , N.D.Tewari former Finance Ministers – Mr. and P.Chidambaram. The Manmohan Singh and Mr. committee also asked the then Chidambaram. Finance Minister, Manmohan Singh, and Health Minister Interestingly, the terms of B.Shankaranand to appear before reference of both these JPCs said it. that they were to function within the ambit of the Lok Sabha’s Rules Again, in April 2001, Parliament of Procedure relating to the appointed another JPC to probe parliamentary committees, subject yet another stock market scam. It to the rider that “if the need was asked to investigate market arises” they could adopt a different manipulations in all its procedure with the concurrence of ramifications including insider the Speaker. When it comes to trading and to examine the role of summoning ministers, an banks, stock exchanges, brokers impediment that is often cited is and promoters and regulatory Direction 99 of the Directions of authorities. The committee was the Speaker, which is applicable to expected to fix responsibility on Financial Committees. This individuals (and institutions) who prohibits committees from calling had manipulated the market. The ministers either to give evidence committee was also asked to or for consultation. However, these suggest deterrent measures to two JPCs overcame this hurdle by punish wrong doers. This seeking the Speaker’s permission committee, headed by Mr. Prakash to record the evidence of ministers. Mani Tripathi, submitted its report in December, 2002. This This brings us to the question as committee too decided to seek to why the parliamentary rules written information from Mr. impede the summoning of and Mr. Yashwant ministers. Obviously, these rules Sinha, who were then ministers were written in another age and for finance and external affairs. time when ideas like transparency

VIVEK : Issues and Options December – 2012 Issue: I No: XII 53 and accountability were unheard Special Protection Group and of. Should we persist with them in completely cut off from the people. this day and age? Secondly, when What these archaic rules of the Constitution requires the parliament are doing is to cut him Prime Minister to be responsible off from the parliament as well. to the House of the People, why Similarly, one wonders why the should he not be summoned by a Finance Minister or any other committee of the Parliament? minister needs to be shielded from scrutiny. Do they lack the The argument advanced by Mr. gumption or the intellectual P.C. Chacko, Chairman of the JPC wherewithal to face a probing the 2G Spectrum Scam, parliamentary committee and that the decisions explain the have to be taken in Over the years, because of the decisions that they the committee on deterioration in the internal take? If indeed the basis of security environment, the they lack the majority vote, is Prime Minister is encircled by the Special Protection Group confidence, why do equally and completely cut off from the they continue in preposterous. people. What these archaic office? And, why Barring exceptions, rules of parliament are doing is should the parliamentary to cut him off from the parliamentary committees have parliament as well. Similarly, rules go to their always functioned one wonders why the Finance Minister or any other minister rescue? in a non-partisan needs to be shielded from environment. If scrutiny. There is another committees work good reason why on the majority-minority principle, the Prime Minister and other independent parliamentary ministers must pick up courage to investigations will become face parliamentary committees – impossible, because the ruling the proceedings are in camera. In coalition or party always India, since the parliamentary commands a majority in a committees work behind closed committee of the parliament. doors, away from the glare of publicity, there is no fear of the Over the years, because of the Prime Minister being subjected to deterioration in the internal cross examination under the harsh security environment, the Prime glare of television cameras. Even if Minister is encircled by the that be so, why run away from it if

VIVEK : Issues and Options December – 2012 Issue: I No: XII 54 you are confident of the manner in Government at that time. But, which you run the government? now both of When American presidential them have developed cold feet. hopefuls have face-to-face debates on all issues affecting the people, In the light of this evidence, both why do we need rules and norms the Prime Minister and the to shield our prime minister from Finance Minister ought to have our MPs? volunteered to appear before the present JPC, rather than hide The reluctance of Mr. Manmohan behind some antiquated rules and Singh and Mr. Chidambaram to even jeopardize the committee’s face the JPC probing the 2G working. But, we should not Spectrum Scam is inexplicable for acquiesce in their reticence. The yet another reason, namely that time has come from Parliament to they are in a sense, JPC experts in take a fresh look at its rules and this government, having tendered weed out all those provisions that evidence before the JPCs militate against the principle of constituted in 1992 and 2001. accountability. These two JPCs not only recorded the evidence of ex-ministers but Back to Contents also of ministers in the Union

VIVEK : Issues and Options December – 2012 Issue: I No: XII 55

Special Laws To Counter : A Reality Check

- Dr N Manoharan

National Convention held militancy that is “well-armed, far recently in New Delhi on more dangerous and modernised”. A ‘Politics of Terror’ has Since what is at stake is not just brought into focus the need to re- law and order but the very examine the provisions of special existence of state and society, laws that are currently in use to there is a need to have special counter terrorism. When laws with far higher deterrence confronted with armed militancy, value. Introduction of special laws democracies face what is known as is also justified citing the the “democratic dilemma”. On the prevailing international one hand, they have to protect the environment and obligations as in territorial integrity, sovereignty the case of POTA after 9/11 attack and security of their people from and the UN Resolution 1373. the arbitrary violence by the militants; if they fail, their authority and credibility are India has a long tradition of undermined. On the other hand, in special/security laws dating back the process of combating to its pre-Independence years. militancy, if they slip into These laws have been enacted, repression and authoritarianism, repealed and re-enacted they end-up alienating the periodically since Independence. population and lose legitimacy. To Such special laws fall under four maintain the equilibrium, the use categories: of the legal framework, otherwise called the ‘criminal justice model’, 1. Exclusive laws against is therefore suggested. terrorism like POTA. 2. Security forces The use of special/security laws is empowerment laws that give justified on the grounds that the immunity and additional existing criminal laws are not special powers to the adequate to deal with the security forces like the * Dr N Manoharan – Senior Fellow, VIF

VIVEK : Issues and Options December – 2012 Issue: I No: XII 56

Armed Forces Special number of cases that finally Powers Act. end in convictions is low 3. Laws of proscription that  Lack of sufficient oversight criminalises terrorist groups mechanisms and a range of undesirable  Space to settle political activities like the Unlawful scores Activities Prevention Act  Weak witness protection (UAPA). provisions 4. Other exclusive laws on  The provision of the use of control of finances, money special courts attracting laundering, drug-trafficking, undue political interference cyber warfare and so on. in the judicial process and maximizes potential bias. However, the question that remains is how far these extra- Yet, this does not mean that the ordinary laws have been special laws are totally redundant. successful in preventing, deterring They serve the purpose if all the and correcting militants and, in above identified issues are turn, enhance security. The addressed. What is required is not answer is mixed. Some of the main “a new law for every new crime”, reasons for the ineffectiveness of but fewer and effective laws. The the special laws are as follows: guiding principle should be, as William Ewart Gladstone  Over-reaction to the threat observed, “Good laws make it posed and far more drastic easier to do right and harder to do measures than necessary wrong.” An ideal legal framework  Hasty enactment without should comprise three elements – giving much room for public prevention, deterrence, and debate or judicial scrutiny rehabilitation – in right  Overly broad and ambiguous proportion. Presently, the Indian definitions of terrorism and special laws are biased towards penal provisions that fail to ‘deterrence’. The proportion satisfy the principle of depends on the character of the legality militancy and the environment in  Pretrial investigation and which it is taking place. One size detention procedures that does not fit all. The framework infringe due process and should not fail to take into account personal liberty. And the human rights concerns. There

VIVEK : Issues and Options December – 2012 Issue: I No: XII 57 have to be proper safeguards Center and its federal units. against any misuse/abuse. To put Special laws should contain review in simple terms, as Lydia Maria mechanisms and ‘sun-set’ clauses Child observed, “Law is not law, if for periodic assessments. “The law it violates the principles of eternal must be stable, but it must not justice.” There have to be some stand still.” Reforms in the clear cut definitions of crimes and criminal justice system – penal provisions to avoid excessive investigation, prosecution and discretionary powers. Enactment adjudication – are the need of the of special laws should not be done hour. The role of civil society is in haste; for greater awareness vital in moderating the role of and acceptance, the process has to special laws in counter-terrorism. be transparent and should be Media, especially, has to subject to public understand the debate and judicial What is also required is a aspect of the legal scrutiny. political consensus on the issue framework at two levels: at the national correctly, avoid What is also level among all parties and between the Center and its sensationalism, required is a federal units. Special laws educate people, and political consensus should contain review at the same time on the issue at two mechanisms and ‘sun-set’ support the levels: at the clauses for periodic government of the assessments. “The law must be national level day in its fight among all parties stable, but it must not stand still.” against terrorism. and between the

Back to Contents

VIVEK : Issues and Options December – 2012 Issue: I No: XII 58

Vimarsha on “Transition in American and China: Implications for India”

n 27th November 2012, Shukla referred to the drop of 5% distinguished in the total votes cast in the 2012 O personalities assembled at elections from the 2008 elections, the VIF auditorium to attend its despite an increase of 8 million in monthly series of talks by the number of eligible voters. eminent persons, Vimarsha. This This drop in the number of votes month’s Vimarsha talk was given cast was largely due to the by Amb. Prabhat P Shukla, failure of the Republicans in former Ambassador to Russia, “energizing their base” who is also the Joint Director of sufficiently and perhaps one of the VIF. Ambassador Shukla the reasons for their loss. made a presentation on Considering the demographics of “Transition in America and the elections, Ambassador China: Implications for India”. Shukla said that Obama won the The session began with a brief elections with a much wider introduction from Mr. Ajit Doval, margin among African- KC, Director of the VIF on the Americans, single women and topic. Hispanics. But he emphasized that as much as it was Obama’s Transition in the US victory, it was the Republicans’ weakness that played a role too: Romney and Ryan both failed to win their home states, a most unusual feature in Presidential races. Comments made by Republicans, like “pregnancy Ambassador Shukla then began from rape is something God with the US elections, assessing intended” by Richard Mourdock some important data and figures, or that on “legitimate rape” by to analyze the 2012 US Todd Akin, ensured that women Presidential Elections. On the voters were put off the voter turnout, Ambassador Republican platform. Women

VIVEK : Issues and Options December – 2012 Issue: I No: XII 59 happen to constitute 53% of the Transition in China total voters in the 2012 elections. As far as the African-Americans and the Hispanics votes were concerned, there was a major sweep for the Democrats, as they won over 90% and 70% of their votes, respectively. Here, again,

Ambassador Shukla mentioned the failure of the Republicans in generating their appeal among The second part of the these races. He asserted that, presentation studied the main had the Republicans appointed events of the 18th National Condoleezza Rice, for example, as Congress of the Communist the Vice-Presidential candidate, Party of China (CPC). The it would have enhanced the 18th National Congress’ PBSC party’s image among women and include Xi Jinping, Li Keqiang, the African-American voters. Zhang Dejiang, Yu Zhengsheng, Liu Yunshan, Wang Quishan, Being the first US President and Zhang Gaoli in that order of since the Second World War to be ranking. Ambassador Shukla re-elected with a lower margin in described, in brief, their party the Electoral College, Obama and positions and their likely state the Democrats have not quite positions (to be finalized in overcome what Obama called the March 2013 at the National “Shellacking” of 2010. Peoples’ Congress). Ambassador Shukla ended the first part of the presentation with Assessing Hu Jintao’s position in a brief mention of Tulsi Gabbard, the CPC, Ambassador Shukla who will be the first Hindu to be highlighted the setbacks which elected to the US House of Hu Jintao had recently faced. He Representatives [from Hawaii] pointed out that Hu Jintao had to and will take her oath on the vacate the post of the head of the Bhagavad-Gita. Central Military Commission (CMC) and that Hu Jintao’s closest aide, Ling Jihua, was removed as the head of the

VIVEK : Issues and Options December – 2012 Issue: I No: XII 60 general department of the CPC with over 180,000 reported on the eve of the Congress, which incidents of major unrest in 2011 was quite unusual. In making alone, asserting that “change is Ling Jihua the head of the an ineluctable necessity”. United Front Work Department that deals with the Dalai Lama, Implications for India nonetheless, Hu had placed a trusted aide to deal with an issue that he attaches importance to.The same goes for the 49-year old Hu Chunhua, who is the youngest member of the Politburo, and a likely sixth- In the final section of the generation leader in 2022. Hu presentation, Ambassador Chunhua has served in Tibet for Shukla assessed the likely twenty years, speaks Tibetan and security, economic and political has been groomed by Hu Jintao implications of these transitions to maintain, inter alia, a hard on India. Beginning the section line on Tibet. with study of the various economic dynamics in Asia, Ambassador Shukla also Ambassador Shukla tabulated examined Hu Jintao’s important the FDI figures and the direction references to the corruption of Merchandise Trade to issue, the need to restructure the highlight the important role economy, the need to “win a local played by the US in the economic war in an information age”, as success of China. The figures among the highlights of the Work from 1995 to 2007 showed a Report. He also touched upon the remarkable increase in FDI in reference to Consultative China and increasing exports Democracy, a first in such a from China into Europe and setting. Summing up the second North America. Drawing part, Ambassador Shukla made parallels with the model of an important remark that, even growth in Europe and then in though the domestic political , he said that this FDI and system has recently been export-based model of economic declared a core issue, the social growth shows a remarkable situation in China is precarious increase at the beginning but

VIVEK : Issues and Options December – 2012 Issue: I No: XII 61 later the growth rate subdues, as and Pakistan. Afghanistan, as happened with Europe and the Ambassador asserted, is Japan. The Chinese model of going to be the next hotspot as economic growth too has reached the date for the withdrawal of the its limits. This is why Hu Jintao ISAF is nearing. China is likely himself described the model as to engage, as it has in the past, “unbalanced, uncoordinated, and with the Taliban to try and unsustainable”. humiliate the US as it plans to withdraw its troops. The next argument that Ambassador Shukla dealt with In summing up, the speaker said was that that the US is heavily that, with China, India has a dependent on China serious unresolved border economically. Disagreeing with dispute, on which China has, till this notion, he highlighted firstly date, not shown any serious that, while the holdings of the US intent to move forward. On the national debt by Japan, Persian other hand, with America, India Gulf oil exporters and India has has just one real conflict of increased since 2011, the share of interest, that being Pakistan. the US national debt held by The US has the potential of being China has dropped from $ 1.3 one of India’s major strategic trillion to $ 1.1trillion. This adds partners in the long run. This up to just 6.85% of the US GDP. alone would call into question the validity of the doctrine of non- In discussing the power play in alignment being pressed by some the Asia-Pacific region, the in the face of the emergence of speaker touched upon the China. Ambassador Shukla expectations of a number of suggested that the challenge for India’s partners for India to play the Indian and the US a greater role in the security of governments is to develop a new the region, particularly in the platform for cooperation, which western Pacific. Ambassador would address their differences Shukla argued that India would and enable them to identify long- be justified in demanding range plans for working together. reciprocal support from the US and the Asian allies on its At the same time, Ambassador security concerns vis-à-vis China Shukla reminded the audience of

VIVEK : Issues and Options December – 2012 Issue: I No: XII 62 the importance of relations with was the importance of Iran for Russia, France, Japan and Israel. India, especially in the context of Ambassador Shukla said that Afghanistan and India’s role in India holds a unique position of its future stability. being in a position to bridge the gap between the US and Russia, Back to Contents as both the nations are equally important for us. Also mentioned

VIVEK : Issues and Options December – 2012 Issue: I No: XII 63