Wednesday, November 13, 2019

Editorial, "ON PRIVATE PUBLIC PARTICIPATION", in LAW ANIMATED WORLD, 31 October 2019, Vol. 15, Part 2, No. 20 issue


Image may contain: 2 people
there seems to be at present an overwhelming positive opinion, if not general consensus, for its ushering and continuance in most of the sectors of a national economy, including those carried on exclusively by the public sector earlier, for better results and more facilities to the public – and this not only in our country but the world over, including the ‘socialist’ states like China, Vietnam, etc. In India there was never any ‘state’ or other sort of socialism despite the high-flown speeches of our leaders and inclusion of the word ‘socialist’ in our constitution. However, a quite damaging sort of command structure economy hampered the proper growth of our sociopolitical and economic forces. Mainly due to the initiative by the union government of late Sri P.V. Narasimha Rao and his finance minister Sri Manmohan Singh, the economy was opened up and serious dents made in the license-permit raj. Since then we witness a high rate of growth in the economy with consistent increase in the GDP and liberalization of many economic and inter-related social/political structures too – with the telecom boom, software industry explosion and the resultant widespread diaspora of our engineering, technical etc. graduates-experts all over the world, in turn contributing to our further growth. Here, we see a more astounding accomplishment by our neighbor China with it flourishing more under the liberal policies and market economy measures of a Deng than under the orthodox campaigns under Mao. Overcoming several hurdles, China is fast emerging a superpower with real incomes of people lifted and most of the poverty eliminated. It is to be noted that even the ideal/practice of socialism requires an immense growth of material forces of production, and the establishment of state monopolies/command structure economies with undermining of civil liberties/human rights was not contemplated even, originally. What occurred was a serious aberration that needs to be corrected by modern socialist ideologues/activists, with the earlier ‘state socialisms’ already replaced by thriving [state] capitalist economies now. The current calamitous developments in the name of globalism and superpower hegemony, no doubt, call for a new sort of alignment of socialist forces once again but with the lessons learnt from the bitter past which are applicable to our country too. §§§

Editorial, "A WORLD WITHOUT BORDERS", in LAW ANIMATED WORLD, 15 October 2019, Vol. 15, Part 2, No. 19 issue:

Image may contain: 2 people

is no doubt a very good and great ideal, certainly ought to be acceptable to us Indians whose age-old broad vision bases on the ‘Earth as one Family’ {“vasudhaiva kutumbakam”} precept from very ancient times, but in the actual circumstances existing in the world today is it really possible, let alone probable? immediately relevant even if considered desirable? Many of us were very much impressed by Lester R. Brown’s quintessential book, “World Without Borders” published more than four decades ago, in which the “necessity of a unified global society to solve the complex problems of the day was stressed, as ... the changing economic, ecological, social, technological relationships of the world have far reaching consequences for how the world is organized to meet those, and the traditional international system based on competition and conflict was not thought to be a viable model and a system based on cooperation and a sense of community, thinking less on national interests and more on global interests, was the need of the day. However, Lester Brown himself made it clear that he wouldn't say “the nation state is obsolete, it is still an important political administrative unit, but the nation state as we have known as very independent, sovereign, often strong minded political entity is a very dated concept, and the notion of power as we knew traditionally is not well suited to present [1970s’] circumstances”. Well, much waters have flown down the world rivers in these four decades and more, but despite the rapid advances in science and technology and march of globalization, we still see the nationalist ‘genie’ not extinct but alive and kicking all over the world. Moreover, we watch even advanced Western democracies and the U.S. falling back to protectionism on the one hand and resorting to neo-imperialist aggressions and atrocities on the other. In such conditions, no country can tolerate its borders being violated with impunity by illegal immigrants barging into it without any requisite permissions and settling therein, with often incompatible cultural and religious traits and practices offensive to and detrimental to its national interests. India is no exception and the entire NRC [National Register of Citizens] exercise going on today under the directions and monitoring of the Apex Court and the attendant measures for deportation of identified unauthorized immigrants is to be viewed and accepted in that perspective.  §§§

Editorial, "APEX FAILURES?", in LAW ANIMATED WORLD, 30 September 2019, Vol. 15, Part 2, No. 18 issue

Image may contain: 1 person

Perhaps among the nations of the world, in our country alone, judiciary is accorded a most powerful, highly respectable and unassailable – and in a sense even unaccountable – position and is viewed as an ultimate resort to the people for equity and justice. However, but for a few exceptions, it is also failing to stand up to the needs and expectations of the people and the Apex Court, with the topmost position and powers, whose decisions are stipulated as binding law on one and all, is recently traversing in a peculiar manner not conducive to the protection and promotion of justice and rule of law. The constitutional courts – High Courts and the Supreme Court – are to be the real and wise interpreters of the constitution and statutes and mainly for upholding and protecting the fundamental rights of the people, rule of law and the basic structure of the democracy in the country. However, the enormous delays in the judicial system defeat the purpose and in this sphere our justice delivery system may secure down-most ranks in the world. It is a common phenomenon to see lakhs of cases pending disposal since years, and many since even decades. The system is worsened by a sort of feudal-bureaucratic culture, now augmented by a corporate capitalist credo, pervading the judicial system and also a sort of servility to the powers that be, and growing isolation from the needs and aspirations of the common people in particular. At the same time a powerful force of institutional egoism, which would not tolerate any sort of control and regulation, is also present. With all this it is extremely sad that developments concerning the life and death of the common people as also the very survival of the basic structure of whatever quasi-federal democracy prevalent now are being ignored with impunity. Comparatively the apex court in the United Kingdom, to which country we owe our existing rule of law, seems to be far more competent, expeditious and alive to their pressing problems and constitutional disputes of the day as the recent near-full court decision on the illegal prorogation of their parliament shows. Hope we learn a leaf from it’s as also other foreign/international Courts’ practices, firstly discard the current collegium system invented by a wanna-self-perpetuating superior judiciary, properly regulate the appointments to and performance of this august branch, and, even with the existing structure, our Apex Court focuses more on protecting and promoting the fundamental rights and, more pressing now, the basic structure of our quasi-federal democracy and deals with and disposes the disputes regarding bifurcation of states, undermining of Article 370, etc. in a very expeditious, erudite and impartial manner.  §§§