The Supreme Court of India and the Judgement on NJAC

A look at the world of politics, statecraft, diplomacy and books The Indian Constitution envisaged a Parliamentary Democracy in India and over the years, thanks largely to the unmitigated abuse of power and corruption of successive Central Governments, particularly the Congress Party and its Allies, the political system as it presently states is viewed with suspicion by the rest of the country. The decline in the legitimacy of the political institutions has led to un elected elements like the CAG, the EC and quasi autonomous bodies to relegated a degree of freedom to themselves which was not envisaged on desirable in a democratic country. The Judiciary has always been a law unto itself as it does not subject itself to any scrutiny and of late, THE CREDIBILITY OF EVEN THE SUPERIOR judiciary has been called into question. A few years back there was a raging controversy over a Chief Justice, and the matter about his involvement in certain judgments still lingers on. The Constitution states quite clearly that the Executive which is accountable to Parliament must have a major say in the appointment of justices. It was Indira Gandhi's fascist talk of "committed judiciary" that alarmed the Judiciary and as the Central Government became weak under an assortment of non Congress Government. the Collegium System evolved which essentially meant that judges appointed judges. It is this imbalance of giving primacy to the Judiciary in matters relating to appointments that sought to be rectified in the National Judicial Appointments Commission which envisages a role for both the Prime Minister and the Leader of the Opposition in the selection of the Judges. In every democratic country the Executive and the Legislature appoint the higher judiciary. In USA the President nominates and the Senate confirms. Even the USA does not have a Judiciary which perpetuates itself by appointing itself and arrogating to itself the right of appointing judges in the name of Independence of the Judiciary. The concept of Indepemdent Judiciary does not embrace the notion of an unaccountable judiciary which is the situation under the Collegium sysytem. The basic flaws under the judicial collegium system was rectified by the present law which was passed by the Parliament unanimously. The Lok Sabha for all the flaws in our existing Parliamentary system is the representative of the Sovereignty of India and the Supreme Court cannot and should not undermine that. It is likely that some amendment will be made and the role of the Executive in the appointment of Justices will be restored. By striking down the Constitutional Amendment, the Supreme Court has undone the basic structure of the Consitution which makes the Parliament the source of law and the fountainhead of political will.

Dadri Killing and the Liberal Reaction

A look at the world of politics, statecraft, diplomacy and books In Dadri, a suburb of New Delhi, located in the state of Uttar Pradesh a murder took place. A man suspected of killing a calf and eating its flesh was set upon by a furious mob and killed. This unfortunate incident took place when the state was ruled by the Samajwadi Party and the ruling Party at the Center, the BJP has nothing to do with the event. Yet, Azam Khan, better known for the alacrity with which the police of UP traced his missing buffaloes, made it a point to politisize the killing and insinuate that the BJP is general and one particular leader was responsible for the crime. The fact is that the Law and Order situation in UP is appalling and no one but the state Government can be blamed. First Azam Khan wrote a letter to the United Nations complaining of this incident. When India is trying to deal with the terror network sponsored by Pakistan, it is highly condemnable that a politician from the troubled state of UP should chose to write to the UN.The killing of the man was unfortunate. However instead of identifying the ral culprits, the state police sought to give a political spin and pin the blame on the BJP. Such mindless politicization of essentially criminal acts result in the real culprits escaping the long arms of the law as the police are more keen to help their political masters by providing fodder for the internecine wars between the so called "secular" alliance and the nationalists. Then the cry went out: Modi should speak. It defies logic to demand a statement from the Prime Minister whenever a petty crime takes place. Narendar Modi, like the US President made a routine statment condeming the killing. Whenever there is a white on black killing or there is mass shooting deaths in USA, President Barack Obama comes out with a statement. Do such statements reduce the number of killing. Apparently not. In the last decade or so there have been 18 reported instances of mass shootings in USA. Nobody demands the resignation of the President as if he is responsible for the crimes. Here the liberal Media,immediately gets into hyperactive mode and the Barkha Dutts and the Rajdeep Sardesais and the Karan Thapars come out of the woodwork to link the BJP with the crime. A few months back there were a spate of attacks on Christian religious institutions and the White countries lined up to condemn India as if the Government was responsbible for encouraging the attacks. It turned out that Bangladesh immigrants were responsible for the crimes and the liberal media did not report the facts. There is a law in place banning Cow Slaughter. Now the liberals encouraged by the white world are using this law to paint a picture of India as if the ban on cow slaughter is a symptom of religious fanaticism. We may say that all over the world the vegan movement is gaining strength and in India, beef consumption is taken as a sign of how "secular" one is. Rightly then gropus of people, armed and ready to protect Cattle from being slaughtered are gaining strength all over North India. Cow Protection Leagues are sprouting all over North India and cattle transporting trucks are stopped and the cattle freed. There is a law in place against the illegal killing of cows and that law is not being enforced. Therefore, people are taking the responsibility of enforcing the law into their own hands. One unfortunate fallout of the Dadri killing is that some octogenarian writers have started surrendering their state awards. Nyantara Sehgal who received the award 2 years after the biggest killing os Sikhs in 1984 by the goons associated with the Congress Party has suddenly found the virtue of secularism. Similarly another poet, Ashok Vajpayee has given up his award. It is time for the state to stop giving awards and later such awards become the basis for propaganda. Wriers have a right to dissent, but political correctness cannot be the basis of dissent.

Mecca As an International City: Time to ask for "Vatican" status

A look at the world of politics, statecraft, diplomacy and books The horrific tragedies that have taken place in the Holy City of Mecca has led people all over the world to ask the question: Are the Saudi authorities at all capable of dealing with the huge crowds that come on the annual pilgrimage, the Haj rituals. In a space of less than two weeks, three horrible accidents have happened at Mecca and our hearts are are full of grief. However, it is time to think of the status of Mecca. Mecca belongs to the entire Muslim fraternity and not to Saudi Arabia. The Saudi kingdom which legitimizes its brazen dependence on Wahhabi Islam, has taken charge of the two holy cities and the key component of the Saudi kingship is the fact that the Kingdom is the "protector of the holy cities". It is obvious that the Saudi authorities are doing a poor job. The stoning of Satan, a ritual at Mina draws a crowd of nearly 2 million and unfortunately, the Saudi authorities seem to have not learnt any lessons from the mistakes of the past. Each Haj season there are accidents due to the inefficiency of the Saudi crowd management techniques. India manages the Khumb Mela which draws huge crowds of more than 3 to 4 million without major mishaps. Crowd management is needed. It is also surprising that cranes with heavy booms were at the site of the pilgrimage. The collapse of a single crane cause nearly 400 deaths. Of course, the belief that a death in Mecca assures a safe passage to Heaven is not very comforting to the bereaved families. The inability of the Saudi authorities to provide for the security of the pilgrimage necessitates a rethink on the status of the Holy City. Mecca is holy to both the Sunnis and the Shias and the Iranian authorities have always been critical of the manner in which the Saudis manage the pilgrimage. A few years back there was an unfortunate tragedy at Mecca when Iranians dressed as pilgrims fired in the Grand Mosque killing nearly 300 pilgrims. Given the importance the site has for people of Islamic faith and the frequency with which accidents are happening it is necessay to liberate Mecca from the clutches of Wahabi Islam. Like Vatican, Mecca can be made into a Sate under the control of all the important denominations of Islam and this body should undertake to regulate the Pilgrimage. Ithink this is the best solution for the ever recurring problem.

The Bihar Elections: Why the BJP will do well

A look at the world of politics, statecraft, diplomacy and books Bihar, like Tamil Nadu, is a state with clearly defined dominant castes that are concentrated in geographical zones which enables the dominant castes to turn local influence into political power in the form of seats in the Assembly or Lok Sabha. The BJP in the last Lok Sabha polls swept the state gathering all but 4 of the seats. This in effect meant that the traditional caste equations had collapsed and the development wave of Narendar Modi took everything in its wake. Old alliances were swept aside and Laloo Prasad Yadava who tried to send his daughter to the Lok Sabha was completely defeated. Misa Bharathi lost and lost badly and that too in a Yadava dominated area. This time around the BJP, though sure of a victory, is having to fight for every seat. The alliance of SP,RJD and Congress may look formidable but in reality there is little strength for this Alliance. With the SP marching out, the going has gotten tougher for Nithish Kumar and his JD(U). The BJP has stitched up a loose alliance of intermediate castes and influential sections of the Dalit castes particularly the Paswans and the Mahadalits. The inclusion of Manji in the alliance is undoubtedly a masterstroke as it creates a very broad spectrum of support for the BJP which can count on the Brahmins, Rajput and Bhumiar votes to a substantial degree. The BJP Alliance has now gained traction and Modi's announcement of a special package for Bihar has made the BJP more or less secure. The real challenge for the BJP lies in the rural pockets. Nitish Kumar tried to make this electoral battle into a personal fight between him and Modi. This strategy has failed because the alliance with Laloo Prasad Yadava has raised people's fear of the return of the Jungle Raj. Given this state, it is certain that our of 243 seats the BJP will win around 157 seats.