Showing posts with label Polity. Show all posts
Showing posts with label Polity. Show all posts

Friday, June 28, 2013

Information is wealth but at what cost?

                             Friends, don’t worry if you have mistakenly deleted any important e-mails or texts/pictures communicated through social networking sites etc, for Nobel Peace Laureate and International Human Rights Saviour Shri.Barack Obama would have a copy of them, and access them if so through your lobbying skill. 

                           So aren't you aware of PRISM? While prism in scientific physical concept is excessively colourful, the one by Mr. President is boundlessly controversial which authenticates official access to personal communication through internet in order to safeguard national security without due concern to individual privacy. By the way, we have to submit our gratitude to the internet content providers and others who take extra efforts to protect our privacy but end up finally giving back-door access to governmental organisations.
                               
                               Thus majority of the private communications that are ultimately routed through internet are filtered at the ‘global gateway’ of United States irrespective of the place of their origin. Nonetheless do you think that our Indian Authorities would continue to be a dumb spectator in such an event? Nay, we are much more pragmatic and adaptive, and our efforts to institutionalise such a monitoring and surveillance of private data communication through the 21st Century devices on our own are under way. 

                               So gratify yourself that not just Barack Obama but our fellow locals Shri.ManMohan or why not it could be even Shri.Narendra Modi or Shri.Rahulji who would have safely accessed your private data before it reaches the intended recipient in the coming days. I beg your pardon hence to ensure that you mark a copy of such communication to them too in future so that you evolve a personal relationship with them as in social networking sites. 
                                 
                                What PRISM is all about? In simplistic terms it is a comprehensive system aimed at surveillance, monitoring and filtering of privately communicated data by ‘potentially culpable persons’ and to generate actionable report in order to ensure that they do not plot anything against the nation and cost its security. Information and Communication Technology (ICT) is put to its best usage to ensure that this is achieved. Central Monitoring System(CMS) is the Indian equivalent of American PRISM which is under progress. However, who fall under culpable persons and what would cost national security are purposefully ill defined in Indian version.

                                  Although current institutions allow the administrative machinery to access those private data but only after having accorded with the necessary approvals from the Home Ministry. But the imminent CMS is alleged to be vested with right of unfettered access to data by intercepting the fixed,mobile, Internet Service Providers traffic, according to media reports. When such powers are vested in the name of national security without adequately protecting the privacy of individuals through proper legislative backup it is liable for misuse and abuse. The recent happening of tapping the telecommunication channel of opposition political party leader is a corroboration for potential misuse of such authority.
                                
                                Freedom of speech and expression, right to life and personal liberty are Constitutionally guaranteed promises and it is the responsibility of a duty-bound government, be it the world's vibrant democracy or largest democracy, to safeguard them in addition to safeguarding national security, and there settles the happiness of being a democratic polity.


Source: http://www.thehindu.com/news/national/indias-surveillance-project-may-be-as-lethal-as-prism/article4834619.ece

Saturday, March 23, 2013

IAS Exam-Proposed pattern change is discriminatory


                           The UPSC has recently modified the examination pattern for Civil Services Examination, popularly known as IAS examination. Though there are many welcome aspects in the new pattern like more emphasize on general studies, inclusion of moral and ethical values etc the system also has some inherent discrepancies in the name of new regulations. This article exclusively deals with those aspects only as I had found a great deal of mainstream media, both broadcasting and print, concentrate on its positive aspects.
                       Hitherto candidates are permitted to appear in the second level examination, the essay type - Mains Examination, in any language of their choice from amongst the scheduled languages (22 languages in the Schedule-8 of the Indian Constitution). But in the newly announced pattern this is restricted to those candidates who had completed their graduation in those respective languages only. This would certainly impact the professional graduates who appear in Civil Services Exam (CSE) like engineers and doctors as there are a very few colleges that provide such degrees in regional languages.
                         If we take the case of Tamilnadu, only a few years back the State has introduced engineering graduation through Tamil medium and not a single batch has passed out since. The case of arts and science colleges is not much encouraging. Hence it is obvious that students would opt for English medium during their graduation even though they would have had their schoolings in their mother tongue. This would be a de-facto case for students from government run higher secondary institutions, which are predominantly Tamil medium based. Such candidates when they appear for CSE would have a natural proclivity towards their mother tongue and hence a ‘mother-tongue medium’ propensity becomes perforce in the examination.
                        Exacerbating the worries, the new pattern has a new restrictive regulation that ‘a minimum of 25 candidates should opt for a specific language medium for answering the question papers in that language medium. In case there are less than 25 candidates opting for any approved language medium (other than English or Hindi), then those candidates will be required to write their examination either in Hindi or in English only.’ And the rationale for this numerical restriction enumerated in the notification is ‘in the interest of maintaining the quality and standards of examination’. Constitutionally every citizen of India is obliged to develop a scientific temper and the spirit of inquiry, and I find it excessively difficult to fathom such a rationale and its numerical connectivity.
                   This numerical restriction when compounded with the requirement that ‘regional language as a CSE medium only if graduated in that regional language’ would entail that no one would be able to write the examination in any regional languages, for the want of minimum number of candidates. Hence a literature (say B.A Telugu literature) graduate who would have possibly had his graduation in his vernacular language would not be able to write the examination in his vernacular language because not enough candidates might appear in the CSE in his language. As he had had his graduation in a vernacular literature, he might not apparently excel in English and the only other choice is Hindi. What if, if he is a Tamil? Hindi is conspicuous by its absence in Tamilnadu . So neither he can write in Tamil nor in Hindi. This might make a B.A Tamil graduate to look out for a carrier other than the prestigious civil services. The case may be true for all non-Hindi speaking candidates also.
                   Also we have another regulation that only those candidates who had graduated in the literature of a language can opt for the literature of that language as his optional paper in CSE. So the term optional subject becomes fallacious now. The demands of a majority sections of the non-Hindi speaking people that the questions in the preliminary level have to be set in regional languages too, in addition to English and Hindi, or are to be set only in English are also not heeded to for some reasons. All put together it appears ostensibly that this modified examination pattern, discriminates non-Hindi speaking candidates from the Hindi speaking one.
                Finally, I wish to refer to some of the provisions of the reverent institution of Indian Constitution. According to Article:16(1), the state has to  provide equal opportunities to its citizens in matters of public employment. An Official Language Commission has to be set up by the President to look into matters related to official language and the commission shall have due regards to the just claims and the interests of persons belonging to the non-Hindi speaking areas in regard to the public services while giving recommendations, according to Article:344.

Tuesday, March 5, 2013

BUDGET 2013


                                                   BUDGET 2013
                                  
                                   Some time back my only obsession in budget would be about the income tax slabs and some of the commodities especially electronic gadgets. However in my current capacity with a little theoretical knowledge about financial institutions, I wish to present my views about the Budget 2013-14.Please show some leniency on my naiveties but don’t forget to point out them.

                               I have the proclivity to look out for numbers at the outset in any budget than the policy statements and their concomitant procedures. Hence containing the fiscal deficit (FD) within the promised revised estimate of 5.3% of GDP would be acceptable though the budget estimate was targeted slightly lower at 5.1%. FD refers to the total financial liabilities of the government mobilised through external borrowings from resources outside India and the internal borrowings mainly monetised through sovereign bonds dealt with by RBI.
                             
                             But the fact that the total sovereign debts had been steadily raising and have reached over 50% of the GDP is an ominous caveat which is quite obvious from the data that over 25% of the revenues are raised through debts. I have never seen my mother relying on meeting over quarter of our household expenditure through credits from others. But this is a political reality in a re-emerging economy like ours with a great deal of inequalities both social and natural resources.
                          
                            With not sufficient fuel resources in the country, the dependency on crude oil is enormously large and would be so for a longer period till an Indian surplus fuel alternative is identified. The bureaucratic red-tape procedures and the associated delay in awarding clearances of the energy sector projects when supplemented by the over-envious private sector motivated to increase profit at any cost as seen in the Krishna-Godavery Natural Gas basin and the over-enthusiastic socio-natural activists opposing development projects make dependency on import of energy resources like coal, crude oil incumbent. Hence we have no alternative but to import energy resources which entails larger dependency on foreign currencies.
                          
                          Increase in imports when compared to the exports would increase the Current Account Deficit (CAD). The widening CAD which is indirectly a measure of foreign exchange demand in the economic system makes foreign investment inevitable and the announcements like allowing Foreign Institutional Investors to invest in Debt funds and rationalising portfolio investors are aimed at increasing it. The other source for meeting the CAD is through external commercial borrowings (ECB). So increase in ECB would be a reality considering the current scenario reduction in FII and FDI.  
                          
                      And the Finance Minister had attempted to create an impression as if he has generously provided each ministry with increased funds though the fact is that the increased allocation is with respect to revised estimates (RE) and not the budget estimate (BE) 2012-13.Never wonder we are able to achieve the 5.3% FD target by having a dent on the planned expenditure for about 20%(about 1 lakh crore rupees) compared to the BE-2012.
                      
                       Reduction in Plan Expenditure is akin to my mom withholding expenditure on my educational and health needs without convincing me to reduce my pocket money or denying me a vacation trip. Planned Expenditure would help in boosting productivity by vesting the citizenry with necessary physical infrastructures like transport, irrigation, communication facilities etc and social infrastructure like health, education etc which are necessary for continued employability. Non-plan expenditure includes the maintenance expenditure like running the administration, subsidy etc.
                   
                     Also to his comfort he had called reference to the RE and BE without consistency. For allocation under Food Subsidy, his increased allocation is with respect to BE but to RE in majority of the cases. So it is all about juggling with the numbers for his convenience. The financial and other administrative ministries apparently are ready to appropriate money through supplementary and additional grants which is evident from the larger gulf between BE and RE and also the actual estimate. BE refers to the estimates of revenue and expenditures as initially planned and presented to the legislature for a financial year whereas RE refers to the revised estimate that is modified BE reflecting the recent realities of the ongoing financial year. Fiscal adeptness entails closeness of the financial estimates with the reality.
                       
                        Sector wise, I would rate the proposed plans for agriculture as the most convincing one as good deed know no periodic restrictions. The allocation for crop diversification in the Green Revolution rich areas which had become ecologically vulnerable with increased land salinity and reduced water table level is a ‘delayed’ welcome step. And ideals of extending green revolution in the Eastern areas should keep in mind the sustainable agriculture practices. Promotion of nutrition rich fortified grains in nutrition deficient areas would have to be carefully persuaded.
                      
                 The above prospective plans in agriculture could well be read as the governmental effort of wide-basing its skewed food grains basket which is in favour of wheat and rice.  It is also a positive step that government has promised to create a fund(5000 Cr INR) for promoting decentralised storage of grains at the panchayat level. While total production of food grains is over record 250 million tonnes for the successive years recently, we have seen increasing cases of malnutrition too in the recent times. This paradox could be sternly dealt with through decentralised construction of storage facilities preventing stress selling by farmers for want of storage options and also is an indirect acknowledgement of the role of Panchayat Raj Institutions.

                               But with every penny allocation opens the window for corruption which when compounded with bureaucratic insensitivity makes the total effort futile. The allocation of agricultural loans reaching landlords with agricultural farm house lands and large farm-hold farmers are manifestations of unclear technical procedures and insensitivity. A PSU bank employee promised to provide me with a jewel loan at 6% if I could submit an agricultural land tax chellan even in someone else’s name. Hence procedural formalities of the ambitious allocation of 20000 cr INR for Rural Infrastructure development and 5000 cr INR for rural housing have to be reflective of the needs and the realities with sensitivity to the needy poor.

                              Efforts have been made to create positive investment climate and to boost manufacturing by reducing or parting off the customs and excise duties in textile and traditional handicrafts industries,aircraft MRO(Maintenance,Repair,Operation) machineries and by providing with 15% investment allowance for investments over 100 cr INR in plant and machinery. Ideals of establishing Semi-conductor wafer fabrication is certainly positive so that indigenisation in defence or electronics actually is indigenous.

                               Also the prospects of 10000+ buses to be purchased for improving urban connectivity would be welcomed by commercial vehicle manufacturers. Here the requirements have to be carefully drafted such that the vehicles are accessible to the differently abled persons and the old aged who together constitute over 25 cr of Indian population and thus the promised universal access is complied with.

                            The allocation of 5000 cr INR to SIDBI to refinance Micro Small and Medium Industries would provide relatively easy credit access to MSMEs which contribute over 40% of Indian exports and employment opportunities. But the demand for relaxation of capital norms that would qualify one as a MSME defined very earlier in the past is not heeded to and warrants a re-look reflecting the inflationary tendencies and the value of plant and machineries.

                       Physical infrastructural announcements like new ports, Industrial corridors would provide impetus to investments and also help in increasing productivity. Road Regulatory Authority(RRA) envisaged to be set up is a reflection of the mis-management of PPP mode of road and highways construction contracts and have to be appropriately empowered to deal with dilatory, low service quality in addition to swiftly granting clearances for such projects. The discretion with which the contractors collect user fee for accessing roads and the lack of accountability and transparency in such contracts are matters of immediate concern to the RRA.

                     Renewable energy enthusiasts are enthused by the declaration of generation based incentive for wind energy but the desperate financial situations of the state run power distribution companies(Tamilnadu Discom has over 50000cr INR loss) responsible for purchase of the grid connected power would make them cynical. It is a well known fact that under-pricing of electric energy in order to woo prospective electorates on the one hand and paying at higher rate for private power generators without invigorating public power generation capacity at the other hand are quintessential mal-administrative reasons for such a whopping loss.   

                           Details of the 1000cr INR Public Sector Women only bank are not out and without personnel sensitivities and procedural simplicities, this proposed institution would become redundant. Also is the of 1000cr INR for women safety and security for which details are un-known. Similarly 1000 cr INR for National Skill Development Corporation aimed at imparting employability skills would be fruitful if realistically drafted, to meet the ambitious 10 crore new jobs in manufacturing sector and to facilitate the transition from agriculture to skilled and semi-skilled jobs smoothly. And there is no doubt about the bourgeois interest in inflation-indexed investment schemes as an alternative for non-productive gold, for which the details are to be announced.

                        In the revenue front, the target of 55000 cr INR through PSU disinvestment and allowance of 50000 cr of tax free infrastructure bonds are too idealistic estimate considering the performance in the recent years. The increase in surcharge for super-rich and the excise increase for certain commodities would mobilise extra 19000 cr INR only and hence the ambitious target of reducing FD within 4.8% of GDP is possible only through repeating this year’s tactics or by strictly following the words of Finance Minister himself that it is up to the individual ministries to deliver outcome through good governance,fiscal prudence,close monitoring and swift implementation. Rationalisation of Centrally Sponsored Schemes that entail redundant personnel structure at the states’ level is a step in this direction.

                                    Also the estimated reduction of subsidy by 25000 cr INR ostensibly would be attempted through reduction in fuel subsidy which certainly impact larger sections of vulnerable people. Duel pricing of diesel and domestic LPGs could well be attempted with safe precautions. And a mere allocation of 10000 cr INR for Food Security which would be a political trump card for UPA government is a clear indication that the promised right would not be vested in the immediate future. In food subsidy bill, a reduction of 5000 cr INR from the RE 2012 is planned which seemed to have been decided without considering the actual realities and with governmental ideal of providing food security.

                  Hence I would consider this budget as an attempt to strengthen the macro-economic indicators however without giving up the political demands for wooing the prospective electorates like farmers, women and youth.

Sunday, February 17, 2013

Your honour,I dissent



                Legislature, executive and judiciary are the constitutionally defined main branches of Indian Polity with clearly demarcated and obviously balanced roles and responsibilities for each one of them. However the lackadaisical manner in which the inherent authority is exercised by the constituents has resulted in a great deal of cases flooding the judiciary and ensuing reliance of the judiciary even on governance matters. The fact that landmark legislations like Right to Information (RTI), Right to Education (RTE) had its origin from the judicial efforts is a clear vindication of the aforesaid observation. Added to this is the fading independence, if not lack of it and ineptness of the same institution in some of our neighbouring countries, which make our judiciary highly venerable and even sacrosanct some times.
With paramount reverence to this institution, I wish to dissent on certain recent observations and assertions of the judiciary and also appeal it to enlighten me on the below.
 
1.      A Public Interest Litigation (PIL) related to the nomination of Sachin Ramesh Tendulkar as a member of Rajyasabha of our Parliament is rebuffed by the apex court saying the applicant does not have Locus Standee in questioning the ground under which he is nominated as a member. Under Article 80(3) of Indian Constitution the President is empowered to nominate to the Rajyasabha, persons having special knowledge or practical experience in such matters as art,science,literature and social service. To a general public like I, Tendulkar does not fall under any of the grounds mentioned above and we are really obliged to know under what ground is he qualified to become a nominated Member of Parliament so that we shall understand the particular provision of Indian Constitution and abide by it.

2.       Part of the provisions of Article 124(2) reads as follows:

“Every judge of the Supreme Court shall be appointed by the President by warrant under his hand and seal after consultation with such of the Judges of the Supreme Court and of the High Courts in the States as the President may deem necessary for the purpose……. ”

A general reading of the above provision to comprehend it would never end up in interpreting it in such a way that the Judges of the Supreme Court are to be compulsorily consulted without the equivalent importance to the Judges of the High Court and of the opinion of the President. When such a passage is provided in any of the academic or competitive examinations to assess the comprehending aptitude of the candidate, no credit would be given for such an understanding. Nevertheless I do also admit there is certainly a difference between the layman perspective of viewing this and the view of subject matter experts with the latter like Supreme Court Judges having the role of Constitutional Interpreters.

But nowhere in any democratic society the judiciary itself seems to be vested with the authority to appoint its judges at the higher levels without due consideration to the executives who are the actual representatives of people. Does it not derogate the Constitution and its checks and balances?

The Supreme Court did not allow a PIL related to the above ‘Collegium’ method of appointment of Supreme and High Court Judges quoting no locus standee of the applicant that raises the question what engrosses public interest?

Shouldn’t a general public have interest in understanding the provisions of the Constitution thereby to abide by it which itself is a fundamental duty (Article 51A(a)) as declared by the same reverent institution.

3.      With respect to disputes related to Inter-State Rivers shouldn’t the judiciary take upper hand in ensuring the member states comply with its orders and decrees rather than advising them to go for political solutions? 

      Can’t the judicial leverage of not being subjected to populist sentiments unlike the other political establishments be utilized to ensure that constitutional and national integrity is never disturbed? When the member states fail to comply with many of the pronouncements shouldn’t it invoke necessary legal provisions that would uphold its inviolability? Executive non-compliance if not reprimanded would ultimately belittle the law abiding ones and goes against equality of treatment. 

4.      When the judiciary takes suo motto notice of many irregularities in Indian polity attempting to upkeep probity in public life and private rights, what internal reforms did it carry out when former judges resigned at the brink of being removed from office by Parliament? When legislative provisions to remove Chief Justice of a High Court were initiated he was transferred to North Eastern India from Peninsular India. What does that mean?


5.      Please help me to fathom what involves contempt of court as there are subtleties associated with the critical understanding of any judgement and contempt of court. Personally I feel perturbed in understanding this nuance and many a time end up in not speaking up fearing of contempt of court, as freedom of speech and expression is subjected to reasonable restrictions.








Saturday, December 22, 2012

Democratize do not denigrate

 I really wonder why the term "பாயும்" is used to apprehend or deter some one under Goondas Act. குண்டர் சட்டம் "பாயும்". Why Goondas Act alone "பாயும்" but such an attribution is missing under other acts.Matterku வர்றேன்.

The Chief Minister of Tamilnadu has proposed in the recent Collectors' and Police Officials' meeting that  Goondas Act would be invoked to curb cyber crime and even first time offence causing serious impact would entail invoking of Goondas Act. Although  there is nothing officially known as Goondas Act,it is being referred to the actual act of "Tamilnadu Prevention of Dangerous Activities Act,1982".

Goondas Act is a Preventive Detention Act that empowers the Law & Order establishment to detain someone to maintain public order even without giving him enough opportunity to proceed with his case through Legal Counsel and without informing him about the ground of arrest which are fundamental rights when detention is made under any other acts.

Constitutionally speaking both the Union and State Governments are empowered to devise such acts in order to maintain public order and to maintain the security of State and with respect to matters connected with maintenance of essential services and commodity.

Though the provision of  Preventive Detention under Indian Constitution itself is being termed as Anti-Human in the International Fora due to its utility even under non-emergency exigencies,the practical  application of Preventive Detention Acts by the executives vindicates such proposal domestically.

However the increase in number of cyber crimes and its ramification over a larger section of people might necessitate stringent laws to handle such crimes in the current situation.The Nigerian Scam,Financial Data Piracy,Misuse of Communication Devices etc are to be handled with iron hand to protect the larger section of innocent people who are increasingly utilizing
new modes of communication and service without much awareness about its utility and vulnerability.

The Union government's recent decision to directly transfer subsidies to the bank accounts' of beneficiaries would result in infinite no.of people accessing the mobile devices[hand held ATMs] and it is no ones secret that the larger section of those people would be digitally illiterate if not functionally illiterate.This would exacerbate the already soaring impacts of cyber crimes both economically and socially.Also is the growing computer network based sophistication of vital establishments like Defence,Energy,Finance which makes the national security contingent on cyber defence.

Cyber crime is covered under IT Act of Union of India which is the sole legal enactment currently available against act of cyber offences.My friends in Software Industry,please don't get annoyed whether it is Income Tax Act and come to a prejudiced conclusion that government is going to add one more perk of your salary under a taxable component.Rather you can try to lobby the government that your employers' are bringing many of your salary components out of Basic Salary thereby reducing their and your own mandatory contribution to Provident Fund. At least be informed that one such move by government against this malpractice was successfully lobbied by your employers and is deferred.

Information Technology(IT Act,2008) in addition to legalising punishments for cyber offences also legally recognizes electronic transactions(financial,storage) replacing paper based one.But it is notorious for its vague provisions and associated avenues for misinterpretations.Section 66A of the IT Act empowers the law and order establishment to detain some one up to 3 years for sending offensive,menacing,annoying,false,hatred,insulting etc messages through computer and other communication devices.

Sending such messages is certainly abusive if the ambit of such grounds are properly defined and without such clarity it provides larger milieu for the public establishment to utilize the provision arbitrarily.Also no similar provisions with such stringent punishments are available when such messages are sent offline through air,print media.Even the punishment for causing death by negligence is much lesser than that proposed under this law.The recent arrests under this section in Maharastra,Puducherry,West Bengal is a quintessential vindication of such abuse and is even against the Fundamental Right of freedom of speech and expression.

However Freedom of Speech and expression is not extensive and is restricted under certain grounds like public order,decency,morality,relation with foreign nation to name a few.So any comments and discussions that flood in the newer modes of communication have to be on compliance to such legalities without fail.People talking about rights should also be aware of their duties.

Fundamental Duties(Indian Constitution).-

It shall be the duty of every citizens of India-

(a) to abide by the Constitution

Comments about cine actors,political leaders mainly based on their individual personality,abusive languages and videos etc are blatant violation of provisions of freedom of expression and it is high time individuals restrict themselves rather than expecting a third party to discipline them.While the larger part of the society is critical about the misuse of IT Act,many denigrating comments in the internet strictly warrant detention under this act even under the strictest interpretation of the act.I do also believe this act is hence under utilized in addition to being abused.

Deliberate,Discuss,Dissent,Decide are the primary ingredients of a functioning Democracy like ours.
                                               Democratize do not denigrate.

Your Eyes but My Views

Dear Kiddos,     Another letter from Rajuppa. Wait, wait, wait.  I think I should stop using Rajuppa while writing letters to you, for I h...