December 31, 2023
Dear Readers,
This month, I have talked about a few essential things. One is India's jugaad mindset, where quick-fix solutions are improvised using limited resources. This approach, while resourceful, can lead to problems in the long run. The recent tunnel collapse incident in Uttarakhand is a stark example of the dangers of relying solely on makeshift solutions, revealing safety oversights and infrastructure flaws.
I also navigate the contrasting political landscape in India, focusing on the BJP's triumph in the North against its struggles in the South.
The Supreme Court ruling on Kashmir this month has raised many concerns. The government's indirect approach is a source of worry about an imbalance in power and the message it sets. The ruling's broader implications assert India's authority over Kashmir but also require safeguarding against external interference. The need for full statehood before elections is imperative. India faces the challenge of establishing a stable political framework for peace and progress in Kashmir.
Reflecting on India's legal landscape, I am reminded of an underlying theme—fairness. It is not just a legal term but a thread that weaves through ancient epics like Mahabharat and Ramayana, resonating in the spirit of justice. However, scrutinizing the decisions of the Modi government raises concerns about violations of fairness. This prompts a deeper contemplation of the delicate balance between legal principles and the complexities of real-world governance, underscoring the vital role of justice in guiding India's vibrant democracy. The recent increase in suspensions in Parliament is something to watch out for, as it might affect how our democracy works.
Lastly, I explore how people in India and worldwide get involved in their communities. India's democracy shines in instances like the Right to Information Act and movements against corruption. It is a testament to the power of citizen involvement in shaping inclusive societies, emphasizing the critical need for active participation to ensure a responsive and accountable governance system.
Here's to a new year filled with hope, resilience, and an unwavering commitment to fostering a fair and inclusive society for all. Wishing you a year of positive change and collective progress.
Sincerely,
Hari Jaisingh
Shortcomings of India’s jugaad mindset
Jugaad is a term that embodies the spirit of innovative, quick-fix solutions to problems using limited resources. It is about finding unconventional and often improvised solutions to overcome challenges, reflecting a mindset of resilience and resourcefulness. Jugaad often results in surprisingly effective outcomes by using the best available resources.
In a 2011 Harvard Business Review article by Navi Radjou, Jaideep Prabhu, and Simone Ahuja, jugaad is described as an antidote to India’s complexities – a solution in a highly resource-constrained and diverse environment, inspiring innovators to create affordable, sustainable products and services.
However, while jugaad can offer immediate solutions, it is not always ideal for long-term success. What truly works is a balanced approach that incorporates the agility and creativity of jugaad along with structured, sustainable solutions. This balance combines innovation, planning, and adaptability, ensuring both short-term needs and long-term viability are met. The spirit of jugaad with structured problem-solving approaches often leads to more robust and enduring solutions.
The Yamunotri National Highway tunnel collapse on November 12 trapped 41 workers and brought them into a perilous situation that required innovative solutions for their rescue. Rescue efforts faced challenges due to machinery issues, causing concern for the workers’ safety. Yet, a six-inch pipe was successfully installed to send essential supplies to the workers, and plans for their mental well-being were outlined. Despite progress, experts voiced worries about potential trauma from prolonged confinement. Rescue strategies evolved, including drilling options and the involvement of international experts, but timelines remained uncertain.
This incident indicates India’s jugaad mindset, highlighting safety negligence and flaws in infrastructure planning. Additionally, the strategic segmentation of the Char Dham all-weather road project into 53 smaller projects, each below 100 km, appeared to sidestep the obligatory environmental impact assessment – a clear illustration of jugaad in action. The lack of emergency exits, geological surveys, and simultaneous tunnel design and construction underscores the broader deficiencies in infrastructure projects. Concerns raised by environmentalists regarding environmental impacts and the fragile terrain were overruled in favor of national security interests, reflecting a lack of holistic considerations.
The tragedy highlights the consequences of inadequate planning, negligence, and a systemic reliance on makeshift solutions rather than meticulous planning and adherence to safety standards. Ultimately, this incident highlights the urgent need for more robust, well-planned infrastructure development to prevent future disasters and ensure safety and sustainability.
Infrastructure projects in fragile environments, such as the Himalayas, must be undertaken with utmost consideration for the surrounding environment. This includes undertaking thorough environmental impact assessments, utilizing environmentally friendly construction methods, and minimizing disruption to the natural ecosystem. Respecting the delicate balance of the environment will help reduce the risk of landslides, floods, and other natural disasters that could compromise tunnel stability.
The collapse of the Silkyara Tunnel raises several moral issues, including (i) the moral obligation of safety – this includes conducting thorough geological investigations, implementing robust safety protocols, and providing clear emergency escape routes; (ii) exploitation of workers – workers involved in the project are from marginalized communities and are often subject to exploitation and unfair labor practices; (iii) prioritization of economic interests over human life – the Char Dham Mahamarg Pariyojana, the road project under which the tunnel was constructed, is a major infrastructure initiative aimed at promoting tourism and economic development in Uttarakhand. However, the focus on economic gains may have overshadowed the importance of human life, leading to the prioritization of project timelines and budgets over worker safety; and (iv) failure of regulatory oversight – authorities in charge of monitoring construction projects and enforcing safety regulations failed to adequately oversee the project. This failure allowed tunnel construction without proper safety measures, contributing to the tragedy.
The moral issues surrounding the Silkyara Tunnel collapse highlight the need for greater emphasis on safety, worker welfare, and ethical business practices in infrastructure projects. It is crucial to prioritize human life and the well-being of workers over economic interests and to ensure that regulatory oversight and accountability mechanisms are in place to prevent future disasters.
While the successful rescue of the 41 workers after 17 days of intense efforts is commendable, it shouldn’t instigate complacency or endorse makeshift solutions.
(December 1, 2023)
BJP's northern success versus southern challenge for 2024
The BJP's recent victories in the Hindi belt contrast sharply with its struggles in the South, particularly in Telangana. This disparity raises questions about the influence of the Modi factor across regions and its potential impact on the 2024 elections.
It is essential to reflect on the BJP's impressive performance in 2019, notably achieving 303 seats and its stronghold in the Hindi belt. However, the party's struggles in the South, where it secured most seats in Karnataka, suggest a distinct divide between Northern and Southern electoral dynamics.
Interestingly, Prime Minister Narendra Modi has debunked the attempt to draw a "North-South" binary after the BJP's victory in Rajasthan, Madhya Pradesh, Chhattisgarh and the Congress's win in Telangana.
Let us review the 2019 numbers. Of the 543 Lok Sabha seats, a political party needs at least 272 seats to have a majority. Until 2019, the two main national parties were usually required to form a coalition to rule in Delhi. However, the BJP won a staggering 303 seats in the Lok Sabha, signaling a shift from coalition governance to single-party rule. This contrasts with the 282 seats secured in 2014. In 2024, the party is aiming for 350 seats.
The BJP had its most significant success in the Hindi belt (including Gujarat), winning 185 out of 230 seats, lower than the 197 seats the party won in 2014. On the other hand, the Congress only managed to win 5 seats in these states. Rahul Gandhi even lost the family seat in Amethi. The BJP performed exceptionally well in Uttar Pradesh, especially against the alliance formed by the Samajwadi Party and Bahujan Samaj Party.
Modi's popularity substantially impacted the BJP's performance in the North, but it struggled to sway voters in the South, particularly in Telangana and Karnataka. The party failed to make headway in these states despite fervent campaigning. Additionally, Tamil Nadu, Kerala, and Andhra Pradesh historically resisted the BJP's influence, which is evident from the party's winning no seats in these states in 2019.
The BJP's solitary victory in the South, predominantly from Karnataka, starkly contrasted with its stronghold in the North, especially evident in states like Uttar Pradesh. In the South, including the 5 South Indian states and Puducherry, the BJP won 29 out of 129 seats. Most seats came from Karnataka, where their count increased from 17 seats in 2014 to 25 in 2019. The Congress, however, saw a significant drop in numbers, securing only 1 seat compared to 9 in 2014.
The Modi influence is muted in southern states like Telangana and Karnataka, where, despite vigorous campaigning, the BJP failed to gain ground. Karnataka notably saw a Congress victory in May, denting the BJP's position. Similarly, Telangana has had no evident surge for the BJP. Additionally, states like Tamil Nadu, Kerala, and Andhra Pradesh have historically resisted BJP's appeal, with the party winning no seats in these states in 2019.
Beyond Karnataka, the BJP's stronghold in the South is minimal. Most of its 29 southern seats came from Karnataka, where the party's notable presence is credited mainly to the emergence of BS Yediyurappa as a strong BJP leader in the region.
A point to note: the Congress party's performance in the southern states wasn't remarkable either. With support from M.K. Stalin, they won only 28 seats, while the UPA secured 51 seats.
In 2019, the BJP distanced itself or fractured relationships with some allies. The partnerships with Akali Dal in Punjab, JD (U) in Bihar, Shiv Sena in Maharashtra, and AIADMK in Tamil Nadu ended.
The critical point: The BJP has also faced challenges with former allies and internal dynamics, side-lining or severing ties with several parties. The upcoming 2024 elections could hinge on the BJP's ability to regain ground in the Northern states to secure a parliamentary majority.
The Congress faces a challenging outlook, and apart from Nitish Kumar in Bihar and AAP in Delhi, more evidence is needed to support regional parties making substantial gains. The possibility of the INDIA alliance forming a government also seems slim.
The recent state elections have highlighted Modi's strong influence over the Hindi belt, but his impact in southern regions has been muted. Could this intensify the North-South divide ahead of the 2024 elections?
Forecasting the election outcome at this early stage is uncertain. However, the disparity between the BJP's North and South India performance will likely be significant, even if the party secures a substantial win. This lopsided victory could influence the dynamics over the next decade.
In any case, we have to keep our fingers crossed. In today's complex Indian polity, nothing can be taken for granted. There will always be the invisible X factor that will decide the turn of India's futuristic polity. However, Narendra Modi seems to be dominating the Indian electoral landscape.
(December 8, 2023)
Ruling on Article 370: Concerns and implications
The December 11 Supreme Court ruling on the status of Kashmir has brought up several questions. The first main one was about how the government went about it in a seemingly sneaky manner, applying a 'doctrine of colorable legislation,' which means doing something indirectly that cannot be done directly.
Another significant issue revolved around the legalities. The government's move to change Jammu & Kashmir [J&K] into a Union Territory via Article 3 was contested. While Article 3 allows the creation or alteration of states, it doesn't permit downgrading a state to a Union Territory without following proper procedures, impacting the state's ability to govern itself.
The government's workaround to avoid directly revoking Article 370, labeled as 'permanent' by the Supreme Court in 2018, involved manipulating specific clauses in Article 370 and Article 367, bypassing a constitutional amendment, and disregarding consultations with the people of J&K or their representatives.
In summary, two vital constitutional articles played a role:
Article 3 permits state modifications but doesn't sanction converting a state into a Union Territory without specific steps.
Article 356, President's Rule, allows temporary central intervention to restore a state's functioning.
What occurred was the President's Rule in December 2018, granting more control to the central government, followed by significant changes in August 2019 without adequate consultation. These changes involved splitting the state into two, one becoming a Union Territory, utilizing Article 370 and Article 367 to evade direct revocation.
When the case went to Court, the judges agreed it was okay to make Ladakh a Union Territory. However, they avoided saying if it was right to change a whole state into a Union Territory. They said it wasn't necessary to decide because the government said they might bring back the statehood later. And so, the ruling's significance lies not only in what it declared but also in what it left unaddressed. The absence of limitations on the government's power to change states into Union Territories raises concerns about the potential misuse of authority, favoring central over state power. This decision could disrupt the balance of power among governments and set a worrisome precedent.
When handling constitutional issues, aligning decisions with the Constitution is crucial. Failing to do so could adversely affect Indian federalism and pave the way for comparable actions in other states.
Eminent legal expert Fali Nariman shared his disappointment with the Supreme Court's decision to uphold the abrogation of Article 370 in J&K, expressing surprise at the Court's interpretation of the Constitution. According to Nariman, the Court could have guided the petitioners and the government on the proper procedure for removing Article 370. He suggested that the Court could have highlighted the impossibility of the process due to specific reasons and then explored alternative steps.
In Nariman's perspective, the appropriate method to revoke provisions under Article 370 would have been to amend them using the powers granted to Parliament under Article 368, which empowers Parliament to amend the Constitution.
Let us delve beyond the process and consider the broader implications for India. The recent Supreme Court ruling, coupled with the division of Ladakh, signifies a pivotal shift in India's Kashmir strategy. It firmly asserts that Kashmir's internal matters belong solely to India, offering a legal foundation to reshape its approach towards the region.
The perspective of Indian politician and philosopher Karan Singh underscores the importance of acknowledging the present reality and directing attention towards upcoming elections rather than attempting to reinstate Article 370, highlighting the impossibility of restoring it. He stresses the necessity for complete statehood before conducting elections.
Nevertheless, despite this legal judgment, India faces the task of deterring external interference from countries like Pakistan and China and minimizing international involvement in the region. The crux lies in establishing a sustainable political framework in Kashmir, fostering peace, and driving regional progress.
(December 15, 2023)
Fairness in Indian Democracy: A Vital Thread
In the intricate tapestry of India's legal system, an unseen thread exists – a silent yet sturdy strand that calls for fairness, reason, and transparency. It is the thread that shapes the essence of justice in our country, resonating through stories etched in the hearts of most Indians.
The essence of fairness doesn't merely exist in statutes; it springs from ancient stories like the epics of Mahabharat and Ramayana or the story of Adam and Eve. Remember when Adam and Eve were cautioned about the consequences of their actions? Even then, decisions were preceded by discussions, a chance for voices to be heard – a glimpse of fairness before judgment was cast. Similar reflections of justice, guided by these principles, can be traced to the Mahabharat and the Ramayana, exemplifying the administration of justice through fair hearings and reasonable opportunities.
Consider the resolute spirit of Maneka Gandhi; her passport was unjustly seized without explanation. Her fight was not just personal; it ignited a movement towards fairness within India's legal framework. Maneka Gandhi's battle in court highlighted the violation of her right to a fair procedure. The Supreme Court's ground-breaking ruling in her favor redefined Article 21 of the Indian Constitution, emphasizing the integral nature of a fair process in the right to life and personal liberty. This watershed moment emphasized that any action impacting individual liberty must adhere to fairness, reasonableness, and transparency.
Now, let us leap forward to today's world of governance, where decisions often come swiftly. Amidst the flurry, whispers emerge – concerns about decisions made without involving all voices. The Modi government has faced scrutiny and criticism on various fronts regarding potential violations of the principles of natural justice. One prominent case that sparked debates about procedural fairness was revoking Article 370 in Jammu and Kashmir in August 2019.
The government's decision to revoke Article 370, which granted special autonomy to Jammu and Kashmir, was met with widespread debate. While the decision itself was a matter of policy, concerns were raised regarding the procedural aspects, especially the need for more involvement of local representatives and other stakeholders. The sudden imposition of restrictions, including communication blackouts and a clampdown on local political leaders, without a transparent and inclusive consultation process raised questions about fairness and transparency in decision-making.
Additionally, instances related to specific high-profile investigations and actions, such as arrests or raids conducted by investigative agencies, have been criticized for their timing and perceived lack of due process, leading to debates about potential violations of natural justice.
The concept of "Reasonable Opportunity," enshrined in Article 311 of the Indian Constitution, intertwines with the principles of natural justice. Landmark cases – such as those of A.K. Gopalan, Tulsiram Patel, D. K. Nayak, and the aforementioned Maneka Gandhi case – examine the practicality, flexibility, and rigidity in applying these principles within the constitutional framework.
In the Kasab case, despite the severity of the crimes, efforts were made to ensure that Kasab received a fair trial by the principles of natural justice. He was provided legal representation and allowed to present his case, and the trial was conducted openly and transparently.
In courts, judges grapple not just with laws but with the essence of fairness – how much opportunity is enough, what is reasonable, and what is just. It is a dance of justice, not confined by rigid rules but guided by the wisdom and conscience of those who seek fairness within the law's embrace.
In the corridors of power, stories circulate about investigations and actions that seem to skip steps, missing a beat of due process. These incidents stir debates, questioning the invisible thread of fairness that should guide every decision, especially in today's fast-paced world.
The challenge is not just about following rules; it's about preserving the heartbeat of democracy.
In India’s vibrant democracy, fairness isn't a mere legal term; it is the guiding light that illuminates paths, nurtures rights, and upholds dignity. It is an ancient tale interwoven into modern debates, a thread of justice shaping our collective future.
Let us look at what is happening in Parliament today. A record number of Opposition MPs have been suspended. This suspension spree was triggered by a gas attack incident in Parliament, which led to protests from the Opposition MPs, who were dissatisfied with the lack of response from the Prime Minister and the Home Minister.
This trend of suspensions is not entirely new, but the recent escalation is concerning. It has highlighted that the lack of clear constitutional limits on these powers makes them prone to abuse, impacting the essence of democratic processes and debates within Parliament.
The surge in suspensions emphasizes how Parliament's core role in passing legislation and engaging in meaningful debate is compromised. It notes a disturbing trend where bills are being rushed through without proper discussion, raising concerns about the functionality of a deliberative democracy.
The increased suspensions shed light on Parliament's compromised role in legislating and engaging in meaningful debates. This trend reveals a troubling pattern where vital bills are expedited without adequate discussion, raising doubts about the functionality of a deliberative democracy. This erosion of fundamental democratic elements necessitates urgent attention. It is time to look beyond today and ensure the transparent functioning of our democratic institutions. In a world where fairness is the cornerstone of justice and democracy, its absence risks unraveling the fabric of our collective future.
(December 22, 2023)
Civic Engagement and the Evolution of Governance
India is a vibrant democracy and epitomizes the core of civic involvement within its democratic structure. Amid its bustling urban centers and tranquil rural landscapes, the deep pulse of participatory governance echoes, molding the nation's story.
India's democratic principles resonate globally, inspiring diverse nations to craft their unique tales of civic engagement.
Within India's dynamic landscape, civil society organizations mirror the democratic spirit, fostering community engagement in many causes. Media platforms are channels for informed discussions stimulating debates on critical societal issues. From advocating for environmental preservation to championing the rights of marginalized groups, Indians embrace a variety of pathways for civic participation, enriching the nation's democratic tapestry.
Addas (get-togethers of diverse mindsets) in West Bengal serve as informal platforms where community members come together. They facilitate social interaction, fostering a sense of belonging and unity within neighborhoods or among individuals with shared interests. This sense of community is fundamental to civic engagement as it forms the basis for collective action and involvement in local affairs.
Civic engagement in India has influenced policymaking and has been a grassroots force in shaping laws and governance. For instance, the Right to Information (RTI) Act [2005] is a product of citizens seeking transparency. Advocates, civic groups, and concerned individuals tirelessly pushed for access to government information. Their collective efforts resulted in the RTI Act, allowing citizens to demand accountability from public authorities and fostering transparency in governance.
Similarly, the 2011 anti-corruption movement, led by Anna Hazare, united citizens against corruption. This widespread outcry prompted the government to introduce the Lokpal Bill, aiming to establish an independent body to investigate corruption cases involving public servants.
In both instances, diverse citizens actively engaged through protests, campaigns, and demonstrations to drive policy changes. Their efforts materialized into laws reflecting the concerns and demands of an engaged populace, illustrating the tangible impact of civic involvement on policymaking in India.
In the United States, democracy thrives through town hall assemblies and grassroots campaigns. From the historic Civil Rights Movement to recent events like the Women's March, citizens actively engage, leaving their imprint on the nation's story.
Sweden stands as a testament to community involvement. Swedes are deeply committed to active participation in governance and social activities, evident in their culture of volunteering, social activism, and local governance, emphasizing the importance of civic engagement in shaping a cohesive society.
In Seoul, South Korea, a surge of civic enthusiasm among the younger generation is evident through mass demonstrations advocating for various causes like women's rights, labor reforms, and policy changes. These movements highlight the impactful role of civic engagement in shaping societal norms.
From the grassroots town hall meetings to the commitment of Swedes and the fervor of Korean demonstrations, these instances demonstrate the diverse ways civic engagement manifests across different cultures and societies, showcasing citizens' active role in shaping their communities.
Civic involvement worldwide weaves a shared narrative – a story woven by the active engagement of citizens across continents. Through their voices, deeds, and aspirations, these individuals pave the way for inclusive governance, affirming the transformative potential nestled within the essence of democracy.
Looking ahead, civic engagement has become more crucial than ever in India's modern history, particularly amid concerns about the suppression of voices within the current political regime. As governance evolves, the need for active citizen participation becomes imperative. Despite challenges surrounding the stifling of dissent, civic engagement offers a pathway for citizens to assert their rights, demand transparency, and hold the government accountable. In an environment where voices may feel constrained, the power of collective action and civic involvement becomes vital for safeguarding democratic values, ensuring that citizens' concerns continue to shape the policies and direction of the nation.
From the vibrant participatory spirit in India to the fervor of movements worldwide, citizens wield immense power in influencing governance and policy. In this era of evolving democratic landscapes, the call for reform in governance systems echoes louder than ever. The focus on public management and accountability, as Prof. Rajni Kothari advocates, highlights the urgency to bridge the gap between government structures and citizenry. Empowering grassroots involvement and fostering accountability are essential for a more responsive and participatory governance framework. Through collective action and sustained civic engagement, citizens worldwide can chart a course toward a future where democratic values thrive, and governance truly serves the interests of the people.
(December 29, 2023)