Political Stonewalling

Political Stonewalling
Only Transparency Can Improve Institutions

By Subroto Roy

First published in The Statesman, July 20 2007, Editorial Page Special Article www.thestatesman.net


“Stonewalling” has come to mean being continually evasive and misleading in politics by, for example, parroting a party line against fair public inquiry or criticism. “I want you to stonewall it”, was Richard Nixon’s infamous instruction during Watergate. (The original meaning was not ignoble: General T. J. “Stonewall” Jackson, during the US Civil War stayed on his horse under constant fire, taking all the bullets “like a stonewall” until he was killed.)

Stonewalling is what we are likely ever to receive from Pratibha Patil and the present day Congress Party. It is not as if India and the world will not survive if she becomes our President. Rashtrapati Bhavan has had undistinguished occupants before, even ones with clouds of disreputable or nefarious public deeds hanging over their heads. All that will happen is that our political institutions shall retrogress for five years; a pity but not something catastrophic in view of our long history ~ Nadir Shah’s brief stay set the standard for catastrophic behaviour in Delhi.

“Individuals may form communities, but it is institutions alone that can create a nation”, said Disraeli. Nation-building would become that much harder, our pessimism and disillusionment about whether we will ever succeed would become that much greater.

Corrosion
The corrosion of our political, financial, academic and other public institutions over decades has been something in which all our official political parties and religious formations are hand-in-glove complicit. In the case of Pratibha Patil, it is the PM and UPA Chair who are directly responsible for the institutional corrosion taking place in full view of all with respect to the highest office of the land.

But then Dr Manmohan Singh, despite his sojourns as a young social scientist in Britain, has not cared a hoot that the Prime Minister in a parliamentary democracy must seek to be an elected member of the House of the People. Also, ever since 1991, he has permitted the flattering fiction to develop that he or any of his acolytes had something to do with the origins of the economic reform.  As for Sonia Gandhi, her list of naïve misjudgements only grows longer ~ cardinal among them being her having apparently retained as trusted advisers around her persons who had been warned about the vulnerability of her husband to assassination. Had Rajiv not been assassinated, Sonia would have been today merely a happy grandmother and not India’s purported ruler.

Stonewalling has become standard government practice in 21st century India across party-lines. The BJP stonewalled after the post-Godhra pogrom in 2002 and held none of its own responsible; the CPI-M has done precisely the same after the Nandigram pogrom a few months ago.

In October 2005, the Supreme Court ~ proving yet again that there are or can be institutions which do work in India ~ found the Union Government had behaved unconstitutionally. Lesson 101 of Constitutional Politics says: If you are uncertain whether a head of government commands confidence, ask him/her to prove his majority on the floor of the house. Instead the Sonia-Manmohan Government had launched a pre-emptive putsch against an aspirant for a democratic majority in a State assembly. What Sonia-Manmohan should have done in response to the Supreme Court’s finding was to recall or transfer the apparent culprit, and express regret to Parliament and the Court. That would have ended the matter and also engendered some moral growth in the polity. What they did instead was stonewall. Worse stonewalling was to follow from the whole of Parliament itself in the “office-for-profit” scandal.

Aristotle said politics was the supreme good because the ends of all other activities are subsumed in politics. This means that if the politics of a national society gets corroded, so does everything else. It is because India’s politics have become rotten, that our financial, academic and other institutions have followed.

The private American “equity group” Blackstone recently purchased Hilton Hotels for 26 thousand million American dollars cash. Why is that significant to Indians? Because India’s Finance Minister, P. Chidambaram, took the unprecedented step of naming Blackstone along with one private Indian citizen, Deepak Parekh in his February 2007 Budget Speech. He referred to a Government of India financial scheme by which favoured private businesses can “borrow” India’s foreign exchange reserves to pay for purchases of foreign assets. The same Reserve Bank of India which cracked down on Pratibha Patil’s dubious bank-dealings has now been bullied into allowing India’s foreign exchange reserves to be “borrowed” ~ and quite possibly never to be returned. Furthermore, foreign exchange reserves are not like tax-revenues but largely constitute already borrowed funds!
In academia, Mr Arjun Singh tyrannises defenceless medical students but presides (like his predecessor Dr Murli Manohar Joshi) over appointments at national institutes of full professors without postgraduate degrees or any experience of teaching or research. The Union Finance and Education Ministers report in the Government and their party to the PM and the UPA Chair. But neither Dr Singh nor Mrs Gandhi can have any effective control over the rot in India’s macroeconomic, financial, academic or other institutions when they are presiding over political rot themselves.

Shameless behaviour

Stonewalling is the political behavour of the shameless. Shame used to be a cultural means of political self-control in traditional societies. Modern politics makes a distinction between private and public domains, and says that transmuting valuable public property of any kind into private wealth or advantage constitutes nefarious corruption. It is possible our subcontinent has not wished to or has not yet entered the world of modern politics. Instead we remain feudal in our political behaviour ~ where large rival clans perpetually battle over what is the ill-defined common property of the realm. In Pakistan and Bangladesh, the militaries predominate and participate in this feuding. In India the feuds take place within a framework which outwardly seems democratic with institutions of a free society like a free press and official civilian control of the military. Our feuds are between three large rival clans: the Indira-Sonia Patriarchal Matriarchs, the Hindu Patriarchs, and the Communist Matriarchal Patriarchs. The Congress, BJP and Communists are yet to become modern parties, and unless and until they do, our politics shall remain in retrogression.


American Turmoil: A Vice-Presidential Coup — And Now a Grassroots CounterRevolution?

American Turmoil: A Vice-Presidential Coup – And Now a Grassroots CounterRevolution?

First published in The Statesman, Editorial Page, Special Article June 18 2007, www.thestatesman.net

by

Subroto Roy

The Cold War was lost by Soviet and East European communism, and the laurelled victor was the USA along with its loyal allies. Russia and East Europe then transformed themselves. Once there had been Dubcek in the Prague Spring and Sakharov in his apartment. Then there was Lech Walesa the electrician, who, on 14 August 1980, climbed over a fence and led an 18-day strike from which arose the first independent trade union ~ Walesa said “the very basic things: he stood on the shipyard gate and called things by their real names”. Then came Gorbachov and Yeltsin. The despised Berlin Wall was smashed into small saleable bits in November 1989 and people just walked across. That was the end of communism. An unknown student stood down the tanks in Tiananmen Square — though a dozen years earlier the death-watch of Chinese communism had begun with Wei Jingsheng’s “Democracy Wall”. Communist apparatchiks everywhere (except New Delhi and Kolkata) started to unlearn communism; communist societies and economies began to be placed on a road to health and taken off the road to misery.


Winner’s curse

What happened to the victors? Germany quietly unified. Italy‘s politics stabilised a little. France achieved its wish of being undominated in Europe. Britain, already forlorn from loss of empire, was left trying to arbitrage between Europe and America (though there too there was new competition from the Irish Republic).

Some political learning, reconciliation and growth took place in Europe but there was none in America ~ the biggest victor of all, the one country but for whose efforts all of Europe might have become and remained communist. Instead, the USA chose to gorge itself on self-accolades, bloated, then started to choke on its own hubris.

The result is that as the 2008 Presidential election campaign gets underway, and the Second Iraq War is at its peak, America’s polity at its highest level may be in turmoil of a sort not seen since the student revolts at the peak of the Vietnam War.

Gerald Ford and Jimmy Carter were an interregnum after the Vietnam and Watergate traumas. It was during the Reagan “restoration” that communism collapsed and Osama bin Laden was befriended. Carter’s military mission to rescue American hostages in Iran notoriously failed; Reagan restored American pride by sending in the US Army’s crack Rangers to defeat an almost non-existent enemy ~ in Grenada. It was the first successful American military action in a long time. But there was also failure in Beirut where Reagan withdrew after 241 US soldiers were killed by a suicide-bomber.

George Bush Sr glided into the Presidency in Reagan’s wake. He felt sure of being re-elected when Saddam’s 1990 invasion of Kuwait gave him a war with which to seal his chances. For his part, Saddam had primly and properly called in the US Ambassador to Iraq, the top career diplomat April Glaspie, and told her he had accounts to settle with Kuwait over the Iran-Iraq war. Glaspie, under instructions of the Bush-Baker State Department, famously told him the USA had no opinion on inter-Arab conflicts. Saddam took this to be a green signal, or at least not a red signal, from America and went ahead with his attack on Kuwait.

The American President worked himself into an angry indignation ~ and soon there were large numbers of American troops in Saudi Arabia, soon Iraq was forced to retreat with thousands slaughtered in a turkey-shoot from the air, soon there would be severe sanctions and bombings by the USA and UK. Bush was sure he would be re-elected in 1992, and indeed he led all the polls ~ except an oddball surprise Ross Perot pulled away his votes, and caused the third man running, a young governor of a minor State, to push through to victory instead. Bill Clinton was as surprised as anyone that he was President of the USA in 1992. Dissimulation and mendacity reached new heights during his time yet he came to be re-elected in 1996.

Osama bin Laden started to rant against his former ally. Remove your troops from our holy land, he said. Clinton and Madelaine (“It’s worth it”) Albright continued to bomb Saddam instead ~ who after all had launched a few backward Scuds at Israel during the First Iraq War of 1991. Somehow or other, Osama and/or someone else then designed the destruction of Manhattan’s tallest buildings on September 11 2001; it remains unclear what projectile hit the Pentagon or exactly what happened over a field in Pennsylvania the same morning. The mass murder of thousands remains unsolved.

America, under Bush’s elder son, attacked Osama’s hosts in Afghanistan (but not so as to upset their common Pakistani friends too much), then turned their really motivated firepower against their old foe, Saddam Hussein. Iraq by the summer of 2003 was destroyed as a nation-state, and today in 2007 under American occupation has been almost wholly destroyed as a culture and a society. The new US Embassy in Baghdad is as large as the Vatican. Fourteen permanent American military bases have been built. The US Government has spoken of moving troops from Saudi Arabia to Iraq, and of being in Iraq for ever on the Korean pattern.

United States history and political culture had never seen a Vice President as being anything more than an invisible silent shadow of the President of the land. That has changed drastically. Indeed in recent months there has been much serious Washington talk of the incumbent Vice President having unlawfully usurped political power from the President himself. Cheney’s people throughout the Bush Administration have been in almost open battle against the official foreign and diplomatic policy of Condoleeza Rice and the professional military represented by the Joint Chiefs of Staff. Before the attack on Iraq they had overturned the CIA’s official intelligence assessments. There is a general perception that Cheney’s people have been far shrewder and more experienced of the Washington Beltway than Bush’s.

Attack on Iran?

Now the central issue has been whether to attack Iran, and if so how and when. Cheney’s people and their think-tank friends are determined America must do so, perhaps with a new Netanyahu Government in Israel early in 2008 or sooner. The President was apparently warned by his generals in December 2006 that such an attack would gravely endanger the supply lines of US troops who would face a Shia insurrection in Iraq; that may have been the sole reason no attack occurred, and also one reason for the present infantry “surge”. Three aircraft carrier battle groups in the Persian Gulf indicate a potential strike, and that level of force has been coming and going from there for months.

The main Democratic Presidential candidates, especially Mrs Clinton, have said nuclear weapons are “not off the table” in reference to striking Iran without provocation. Nine out of ten of the Republican Presidential candidates agree. The exception is Ron Paul who has recognised the United States was not intended by its founders to be launching aggressive nuclear war against non-nuclear countries in the 21st Century. The Reagan-era economist Paul Craig Roberts has said such war will leave America more reviled than Hitler’s Third Reich.

A grassroots democratic counter-revolution could be starting to overturn the elitist coup d’etat that may have occurred in Washington. “People power” beat organised State power in many times and places. Can it win here? Or could there be tanks in Dupont Circle forty years after the tanks in Wenceslas Square?

Home Team Advantage

Home Team Advantage

On US-Iran talks and Sunni-Shia subtleties: Tehran must transcend its revolution and endorse the principle that the House of Islam has many mansions

First published in The Sunday Statesman Editorial Page, Special Article, June 3 2007, www.thestatesman.net


By SUBROTO ROY

On Monday 28 May in Baghdad,the American and Iranian Governments held their first official face-to-face talks in some 26 or 27 years. This sheer fact is a good thing. For more than two years there has been incessant sabre-rattling and gunboat diplomacy by the USA against Iran, as well as provocative words and deeds by Iran’s President against America’s Israeli ally (though it is apparently false his words included saying he wished Israel “wiped off the map”). Palmerston said there are no permanent allies among nations. The last unofficial transactions had to do with the notorious “Iran-contra” affair which blighted Ronald Reagan’s second term as President. Iran was sold American weapons from Israel (yes, the same Iran and same Israel) for use against Iraq (the same Saddam’s Iraq which had been Rumsfeld’s friend and which apparently received American intelligence and logistics help against yes, the same Iran); the moneys the Americans received were then used to pay for anti-Sandinista “contra” forces in Nicaragua (so they could, for example, buy American weapons too). Apart from that unofficial and embarrassing “Iran-contra” affair, the American and Iranian Governments had not had face-to-face discussion since diplomatic relations broke in 1980 during the “hostage crisis”.

Arthur Millspaugh, an American invited by the Iranians to help their public finances, once wrote: “Persia cannot be left to herself, even if the Russians were to keep their hands off politically.… Persia has never yet proved its capacity for independent self-government.” The title of his 1925 book America’s Task in Persia reflected the old paternalist attitude that an imperialist power must necessarily know better than local people what happens to be in their interest in the way a parent knows better than a child. Even that otherwise great libertarian JS Mill himself once suggested that contact with a “superior people” allowed rapid advancement. India’s “Lenin Peace Prize” winner and Soviet sympathiser KPS Menon Sr (grandfather of our present top diplomat) said the same after the 1979 invasion and occupation by the USSR of Afghanistan. Nationalists of all colours and times ~ from Tom Paine, Patrick Henry (“Give me liberty or give me death”) and George Washington to Bal Gangadhar Tilak (“Swaraj is my birthright and I shall have it”), Ho Chi Minh and Ayatollah Khomeini ~ would disagree.

Indeed, in the Iranian case, the Khomeini Revolution was the antithesis of the imperialist doctrine. But Iranian revolutionaries then seized the American Embassy on 4 November 1979 and took 66 hostages. Thirteen women and black Americans were released two weeks later; one man was released due to ill-health in July 1980. In a failed attempt to rescue the remaining 52, eight American military personnel died on 25 April 1980. The 52 hostages, including two women and one black, were released on 20 January 1981 under the “Algiers Accord”, a day before Reagan became President. Even if the US Embassy in Tehran had been a den of spies, as the Iranians claimed, the Revolutionary Government could have ordered them all to leave and ended diplomatic relations.

Instead hostages were taken in deliberate violation of international law. The United States Government under duress on 19 January 1981 had to sign the “Algiers Accord”, the first point of which stated: “Non-Intervention in Iranian Affairs: The United States pledges that it is and from now on will be the policy of the United States not to intervene, directly or indirectly, politically or militarily, in Iran’s internal affairs.” That was the “blowback” from the coup d’etat against Iran’s democratic government under Mossadeq in 1953 which the CIA had engineered. Modern US-Iran relations have been about two wrongs ~ indeed multiple wrongs ~ not making a right.

From Algiers until the Baghdad meeting there was no official interaction between the USA and Iran (besides the Iran-contra affair and American relief supplies during an Iranian earthquake). The present US-Iran talks had to do with the catastrophic mess in Iraq, and were held via the current Al-Maliki Government of Iraq which is beholden to both as patrons.

Saddam’s Iraq had been officially secular not an “Islamic Republic”. But its Baathist national-socialism (with yes, a few silly Nazi aspects) had been populated mostly by Saddam’s fellow Sunnis, and there was some vicious anti-Shia persecution.
Doctrinally, the Sunni-Shia conflict may have originated during Prophet Muhammad’s lifetime. “In the words of al-Baghdadi, a Sunni is one who believes in the creation of the universe, the unity and pre-existence of its Maker, the apostolate of Muhammad, recognizes and observes the duties of the five prayers, fast of Ramazan, poor-rate and pilgrimage, and does not adulterate his faith with an abominable innovation which leads to heresy.” (Imtiaz Ahmad in Grewal ed. Religious Movements and Institutions in Medieval India, p.277). Shias claim that exegetical authorities, both Sunni and Shia, record the Prophet on 10 March 632 AD at the pool of Ghadir “while returning from his last pilgrimage to Mecca… delivered his farewell address” in which he declared Ali ibn Abi Talib his successor (S. Ali Nadeem Rezavi, ibid., p. 281). No logical contradiction between Sunnis and Shias seems obvious from this.

But there also have been racial and cultural aspects to the division. Arabs, though not Iraqi Arabs, are mostly Sunni while Iranians are mostly Shia. At the same time, Persian culture and history has had incorrigibly Zoroastrian roots just as Egypt was the land of the Pharoahs and Arabia of Meccan paganism. Mesopotamian culture has had Sumerian and Babylonian roots, and Indian Islam has grown among the cultures of Hindus, Buddhists, Jains and Sikhs. Intra-Muslim conflict will be reduced only when it becomes generally recognised that the House of Islam has had many mansions.

Saddam’s war against Khomeini’s Iran was not a religious war but one between two putative nation-states. In Iraqi junior schools during the war, a class of 40 pupils could be divided by academic merit such that the top 20 would play brave Iraqis in the school-play ~ the hapless bottom 20 had to play the wicked Persians, leaving them in tears as well as in simulated defeat.

What the current US-UK invasion and occupation of Iraq has quite deliberately accomplished is the destruction of Iraq as a putative nation-state and the fanning of mostly suppressed Shia-Sunni differences instead. The idea of “regime-change” in Teheran in the old way of the CIA coup against Mossadeq also has not been far from Anglo-American thinking in the current confrontation with Iran. “Who lost Iran?” was an American political slogan in the 1980s, and there are day-dreamers in Washington think-tanks today who have fantasies of Iran being run by compliant “Iranian-American” émigrés from Los Angeles. But instead the destruction of Saddam’s regime inevitably has led to Iran’s strengthening, as all Iraqi Shia forces made dominant as a result are, at least from a doctrinal standpoint within Islam, united with Tehran to greater or lesser degree. A new Iraq-Iran war is hard to imagine as along as Shias dominate Baghdad’s Government. Iran for its part needs to demonstrate that it has transcended its revolution and that it unequivocally endorses the principle that the House of Islam has many mansions.

The British and Americans are great lovers of sports and inventors of many modern games played on fields around the world, from cricket and soccer to basketball. Their Governments seem to have forgotten in their foreign policy theorising that there is such a thing as “home-team advantage”. Imperialists ultimately can never defeat nationalists, because, at the end of the day, imperialists have to either go home or (as Conrad and Coppola knew) “go native”. In the new Iran-USA talks, both sides may have sensed Iran has the home-team advantage. The most the United States can do to Iran is bomb it and leave.


On Indian Nationhood

On Indian Nationhood
From Tamils To Kashmiris And Assamese And Mizos To Sikhs And Goans

First published in The Statesman, Editorial Page, www.thestatesman.net,

May 25 2007

By Subroto Roy

In the decades before 1947, imperialist critics of Indian nationalism accused the movement of being less about creating Indian nationhood than about supplanting British rule with local Indian oligarchies. Sydenham, for example, in the upper house of Britain’s Parliament in August 1918, gleefully quoted from the “Madras Dravidian Hindu Association” (forerunners of today’s DMK etc): “We shall fight to the last drop of our blood any attempt to transfer the seat of authority in this country from British hands to so-called high-caste Hindus, who have ill-treated us in the past and will do so again but for the protection of British laws.” Also quoted were “Namasudras of Bengal”, allegedly numbering “ten million men”, protesting “gross misrepresentation” by “so-called high-caste leaders” of the desirability of “Home Rule or self-government”. Besides caste and class there was always religion too by which India’s inhabitants could be classified and divided, and it must have delighted Sydenham to quote the “South Indian Islamic League” saying “Nothing should be done which will weaken British authority in any manner whatsoever, and hand over the destinies of the Moslem community to a class which has no regard for their interests and no respect for their sentiments”.

Home Rule League

Sydenham was attacking the Montagu-Chelmsford Report which had stated that India had “a core of earnest men who believe sincerely and strive for political progress; around them a ring of less educated people to whom a phrase or a sentiment appeals; and an outside fringe of those who have been described as attracted by curiosity to this new thing, or who find diversions in attacking a big and very solemn Government as urchins might take a perilous joy at casting toy darts at an elephant.”

Annie Besant, herself an Englishwoman, was, along with BG Tilak and MA Jinnah, a pioneer of Indian nationalism at the time and headed the new Indian Home Rule League on the Irish pattern. The League stated its membership at 52,000. Sydenham multiplied that by five and asked if a quarter million could purport to rule 244 millions in an Indian democracy. Where, he demanded, was the “voice that cannot yet be heard, the voice of the peoples of India”? The imperialist jibe was that the British Raj would be replaced at best by a “Vakil Raj” of “high-caste” Hindus and at worst by anarchy and bloodshed.

Thirty years later India’s was partitioned and independent under Attlee’s Labour Party. Churchill took over the imperialist mantle and found solace in the new India agreeing to remain in Britain’s “Commonwealth”, saying that India doing so as a Republic did not impair “the majesty of the Crown or the personal dignity of the King”.

The ghosts of Churchill and Sydenham today would heartily cheer our Republic’s current President APJ Abdul Kalam agreeing to receive the “King Charles II Medal” from the Royal Society, and our current PM Manmohan Singh accepting honorary British degrees also while in office. Britain’s Crown Prince has proposed a cricket match between India and Pakistan to mark the 60th anniversary of 1947, and what, after all, could be less inappropriate to mark the event in British eyes? All that Indian nationalism would have been firmly put in its place.

Now Pakistan mostly goes unmentioned in the history of Indian nationalism because the new Pakistanis as of 14 August 1947 hardly felt or even wished to be independent of the British. Instead they longed only to acquire control over any kind of Muslim-majority Government that they could, and as much of the resources and joint military assets of the old India they could get their hands on.

The Kashmir dispute and India-Pakistan conflict have not been ones between Hindus and Muslims, regardless of what the BBC, CNN etc make themselves believe. As much as for any other reason, Kashmir escalated out of control because of British irresponsibility during the process of disintegration of the old Indian Army between the two new Dominions. Newly demobilised Mirpuri soldiers who had formed loyal British battalions were drawn into the cycle of Partition-related communal violence and reprisals in Punjab, which inevitably spilt over into Jammu and culminated in the attack on J&K State that commenced from Pakistan’s NWFP in October 1947 ~ plunging J&K into civil war with Sheikh Abdullah and Bakshi Ghulam Mohammad’s National Conference allied to the new secular India and Sardar Ibrahim’s Muslim Conference allied to the new and soon to be Islamic Pakistan. Field Marshal Auchinlek, the Supreme Commander of both Indian and Pakistani Armed Forces, had the decency to resign and abolish the so-called “Supreme Command” as soon as he realised his own forces were at war with one another.

It would not be too inaccurate to say Pakistan and Britain continued in a neo-colonial relationship throughout the 1950s and 1960s ~ all the way until Ayub Khan (who had been warmly entertained at Chequers during the Christine Keeler-Profumo matter), overplayed his hand by attacking India in 1965. That war followed by the East Pakistan cyclone in 1969 brought to a head the inherent political contradictions of the Pakistani state accumulated until that time, and soon led to Bangladesh’s creation in 1971. Britain has had no real interest in Bangladesh but as Pakistan had allowed dual nationality with Britain, Britain found itself with a lot of Bangladeshi immigrants whose “Indian” restaurants give modern Britons today something to look forward to every weekend.

Britain and its American ally continued to have deep interests in Pakistan, mostly because of the geopolitical importance of Pakistani real estate and the generally obsequious and compliant nature of the Pakistani military and diplomatic elite. All that began to change fundamentally when the real declaration of Pakistani independence occurred in the world with the AQ Khan nuclear bombs exploding in 1998 followed by the September 11 2001 attacks upon the USA.

Nationalism today

As for ourselves in India, we have developed some coherent and recognisable design of a modern political economy with a Union Government and more than two dozen State Governments, and we have abolished the imperialist lackeys known as the “princes”. Our Governments at Union and State levels change peacefully by periodic elections under the 1950 Constitution. This in itself would be seen as an astonishing democratic achievement relative to where we were one hundred years ago at the time of the Morley-Minto policies. Thanks to Jawaharlal Nehru, we have had universal franchise since 1952 (at a time when the USA still had its Jim Crow laws against black citizens) ~ yet the imperialist jibe of an infinitesimally small elite purporting to represent hundreds of millions of India’s people remains to be addressed.

It would be interesting to know how many descendants of the 52,000 members of Annie Besant’s Home Rule League remain in India and how many have emigrated to the USA, Britain, Australia etc. The children of our top military, bureaucratic, business, professional and academic elite have cheerfully led an exodus out of the country. E.g. the son of a former commanding general of the Indian Army’s Artillery Regiment is now a British businessman and member of Tony Blair’s new House of Lords. Indian Nationhood in the 21st Century no longer has to include Bangladeshis and Pakistanis who have ended up seeking to develop their own nationalisms, but it remains hard enough to try to include everyone else ~ from Tamils to Kashmiris and from Assamese and Mizos to Sikhs and Goans. Cleaning up our government accounting and sorting out our public finances nationwide so as to establish a sound money for everyone to use for the first time in sixty or seventy years, is among the first steps in defining our common goals as an independent nation.

(Postscript: The original text stated Independence and Paritition came “forty years” after the only date mentioned until that point in the text, which is of the 1918 Montagu-Chelmsford period.   Unconsciosuly, I was counting from the Morley-Minto period of 1906-1908 which was the constitutional precedent to Montagu-Chelmsford.)

What To Tell Musharraf: Peace Is Impossible Without Non-Aggressive Pakistani Intentions

What to tell Musharraf:

Peace Is Impossible Without Non-Aggressive Pakistani Intentions

First published in The Statesman December 15 2006,

Editorial Page Special Article, www.thestatesman.net

By SUBROTO ROY

In June 1989 a project at an American university involving Pakistani and other scholars, including one Indian, led to the book Foundations of Pakistan’s Political Economy: Towards an Agenda for the 1990s published in Karachi, New Delhi and elsewhere. The book reached Nawaz Sharif and the Islamabad elite, and General Musharraf’s current proposal on J&K, endorsed warmly by the US State Department last week, derives from the last paragraph of its editorial introduction: “Kashmir… must be demilitarised and unified by both countries sooner or later, and it must be done without force. There has been enough needless bloodshed on the subcontinent… Modern Pakistanis and Indians are free peoples who can voluntarily agree in their own interests to alter the terms set hurriedly by Attlee or Mountbatten in the Indian Independence Act 1947. Nobody but we ourselves keeps us prisoners of superficial definitions of who we are or might be. The subcontinent could evolve its political identity over a period of time on the pattern of Western Europe, with open borders and (common) tariffs to the outside world, with the free movement of people, capital, ideas and culture. Large armed forces could be reduced and transformed in a manner that would enhance the security of each nation. The real and peaceful economic revolution of the masses of the subcontinent would then be able to begin.”

The editors as economists decried the waste of resources involved in the Pakistan-India confrontation, saying it had “greatly impoverished the general budgets of both Pakistan and India. If it has benefited important sections of the political and military elites of  both countries, it has done so only at the expense of the general welfare of the masses.”

International law

Such words may have been bold in the early 1990s but today, a decade and a half later, they seem incomplete and rather naïve even to their author, who was myself, the only Indian in that project. Most significantly, the position in international law in the context of historical facts had been wholly neglected. So had been the manifest nature of the contemporary Pakistani state.

Jammu & Kashmir became an entity in international law when the Treaty of Amritsar was signed between Gulab Singh and the British on March 16 1846. British India itself became an entity in international law much later, possibly as late as June 1919 when it signed the Treaty of Versailles. As for Pakistan, it had no existence in world history or international law until August 14 1947, when the British created it as a new entity out of certain demarcated areas of British India and gave it the status of a Dominion. British India dissolved itself on August 15 1947 and the Dominion of India became its successor-state in international law on that date. As BR Ambedkar pointed out at the time, the new India automatically inherited British India’s suzerainty over any and all remaining “princely” states of so-called “Indian India”. In case of J&K in particular, there never was any question of it being recognised as an independent entity in global international law.

The new Pakistan, by entering a Standstill Agreement with J&K as of August 15 1947, did locally recognise J&K’s sovereignty over its decision whether to join Pakistan or India. But this Pakistani recognition lasted only until the attack on J&K that commenced from Pakistani territory as of October 22 1947, an attack in which Pakistani forces were complicit (something which, in different and mutating senses, has continued ever since). The Dominion of India had indicated it might have consented if J&K’s Ruler had decided to accede to Pakistan in the weeks following the dissolution of British India. But no such thing happened: what did happen was the descent of J&K into a condition of legal anarchy.

Beginning with the Pakistani attack on J&K as of October 22 upto and including the Rape of Baramulla and the British-led Pakistani coup détat in Gilgit on one side, and the arrival of Indian forces as well as mobilization by Sheikh Abdullah and Bakshi Ghulam Mohammad of J&K’s civilians to repel the Pakistani invaders on the other side, the State of Jammu & Kashmir became an ownerless entity in international law. In Roman Law, from which all modern international and municipal law ultimately derives, the ownership of an ownerless entity is open to be determined by “military decision”. The January 1949 Ceasefire Line that came to be renamed the Line of Control after the 1971 Bangladesh War, demarcates the respective territories that the then-Dominions and later Republics of India and Pakistan acquired by “military decision” of the erstwhile State of J&K which had come to cease to exist.

What the Republic of India means by saying today that boundaries cannot be redrawn nor any populations forcibly transferred is quite simply that the division of erstwhile J&K territory is permanent, and that sovereignty over it is indivisible. It is only sheer ignorance on the part of General Musharraf’s Indian interviewer the other day which caused it to be said that Pakistan was willing to “give up” its claim on erstwhile J&K State territory which India has held: Pakistan has never had nor even made such a  claim in international law. What Pakistan has claimed is that India has been an occupier and that there are many people inhabiting the Indian area who may not wish to be Indian nationals and who are being compelled against their will to remain so ~  forgetting to add that precisely the same could be said likewise of the Pakistani-held area.

Accordingly, the lawful solution proposed in these pages a year ago to resolve that matter, serious as it is, has been that the Republic of India invite every person covered under Article 370, citizen-by- citizen, under a condition of full information, to privately and without fear decide, if he/she has not done so already, between possible Indian, Iranian, Afghan or Pakistani nationalities ~ granting rights and obligations of permanent residents to any of those persons who may choose for whatever private reason not to remain Indian nationals. If Pakistan acted likewise, the problem of J&K would indeed come to be resolved. The Americans, as self- appointed mediators, have said they wish “the people of the region to have a voice” in a solution: there can be no better expression of such voice than allowing individuals to privately choose their own nationalities and their rights and responsibilities accordingly. The issue of territorial sovereignty is logically distinct from that of the choice of nationality by individual inhabitants.

Military de-escalation

Equally significant though in assessing whether General Musharraf’s proposal is an  anachronism, is Pakistan’s history since 1947: through Ayub’s 1965 attack, the civil war and secession of Bangladesh, the Afghan war and growth of the ISI, the Kargil incursion, the 1999 coup détat, and, once or twice removed, the 9/11 attacks against America. It is not a history that allows any confidence to arise in Indians that we are not dealing with a country misgoverned by a tiny arrogant exploitative military elite who remain hell-bent on aggression against us. Like the USA and USSR twenty years ago, what we need to negotiate about, and negotiate hard about, is an overall mutual military drawdown and de-escalation appropriate to lack of aggressive intent on both sides. Is General Musharraf willing to discuss that? It would involve reciprocal verifiable assessment of one another’s reasonable military requirements on the assumption that each was not a threatening enemy of the other. That was how the USA-USSR drawdown and de-escalation occurred successfully. If General Musharraf is unwilling to enter such a discussion, there is hardly anything to talk about with him. We should wait for democracy to return.

Mob Violence and Psychology

Mob Violence and Psychology

Mob violence remains a monthly occurrence in modern India; it gives the lie to our claims of political maturity and democratic development.

By SUBROTO ROY

First published in The Sunday Statesman Editorial Page Special Article December 10 2006 www.thestatesman.net

Mob violence certainly signals collapse of the Rule of Law and absence of normal political conversation and decision-making. Mob violence in modern India remains a monthly occurrence: a child is killed by a speeding bus, the driver if he is caught is thrashed to death by a mob of onlookers and the bus burnt down; a factory closes and workers go on a rampage; a statue or political personality or religious figure is perceived to have been insulted or desecrated, and crowds take to the streets to burn vehicles and cause mayhem; a procession is said to be insulted, and rival mobs go to battle with one another. (In fact, elected legislators in Parliament and State Assemblies frequently conflate mob behaviour like slogan-shouting with political conversation itself, carrying into the House the political methods they have learned to employ outside it. And contrary to what our legislators may suppose, they do need to be constantly lectured to by the general citizenry whose paid servants they are supposed to be).

Such may be relatively simple cases to describe or diagnose. More complex cases include the deliberate burning alive of Graham Staines and his two young sons by a mob in 1999 as they slept in their vehicle in rural Orissa, or countless deeds of similar savagery during Partition and the innumerable other riots we have seen in the history of our supposedly tolerant and non-violent culture.

We are not unique in our propensity for evil. French women knitted and gossiped watching the guillotine do its bloody work during the Jacobin terror. Long before them, as the Catholic scholar Eamon Duffy reports in Faith of our fathers, Pope Gregory IX in 1233 had initiated the “Inquisition”: two anonymous witnesses could cause any person to be arrested as a heretic, tortured and then burnt alive. In 1484, Pope Innocent VIII endorsed “witches” to be burnt, causing “deaths of countless thousands of harmless or eccentric women over the next 300 years. In all, as many as 25,000 people, most of them women may have been burnt as witches in Germany” alone. American history has seen countless cases of mob violence, from witch-burnings and other religious violence to cold-blooded lynching on trees of individual black men by white mobs, black mobs looting inner cities, street clashes between political groups etc. Soviet Russia and Maoist China saw systematic ideologically driven violence by Party cadres and “Red Guards” against countless individuals ~ forced to confess to imaginary misdeeds, then assaulted or shot. Nazi Germany, Czarist Russia and many other countries saw mobs attacking, dispossessing or killing individual Jews and innumerable others, again in systematic ideologically motivated pogroms. Indeed as Hannah Arendt and others have noted, the similarities between totalitarian regimes as outwardly different as Nazi Germany and Soviet Russia or Communist China included the ideologically driven targeting of identifiable small minorities for systematic violence by majorities in power. Even Tony Blair’s supposedly Cool Britannia today, besides having the most notorious soccer hooligans in the world, is also a place where no individual, non-white or white, will pass a drunken mob of adolescent school-children on the streets on a Friday night without trepidation.

Every case of mob violence is different; yet what could be common is a temporary, if deliberate, suspension of the normal human sense of responsibility on part of a mob’s individual members. Reason and responsibility return if at all only after the evil has been accomplished ~ whether it is killing or assaulting someone or destroying something ~ and it can be accompanied by a sense of remorse and regret. Even where mob tyranny has been systematic, long-term, ideologically-driven and state-sponsored, as with the Inquisition or French Revolution or Nazi, Soviet or Chinese terrors, future generations look back at the past misdeeds of their ancestors and say: “That was wrong, very wrong, it should never have happened”. Moral learning does take place at some time or other, even if it is long after the evil has occurred. It is as if, when sobriety and rationality return, an individual participant in a mob realises and recognises himself/herself to have revealed a baser ignoble side which is shameful.

“Sometimes a society acts as if all power lay in the hands of the most babyish and animal members, and sometimes as if all power lay in the hands of strict old men, and sometimes it acts more as a whole ~ mostly when there’s a war on. Sometimes a man is not himself and acts as if a babyish or cunning animal had gained control ~ that’s the id ~ sometimes as if an exacting parent, a sarcastic schoolmaster, or an implacable deity possessed him ~ that’s the super-ego. Sometimes a man is more himself and acts more as a whole, a new whole which is not a combination but a synthesis of the id and the super-ego. Some are constantly at the mercy of the id, some are slaves to the super- ego, and in some first one and then the other gains an unhappy victory in a continual struggle, and in some conflict and control have vanished into cooperation…” Such was the description the Cambridge philosopher John Wisdom gave in Philosophy and Psychoanalysis in the 1940s and 1950s, when he translated into normal idiomatic language some of the difficult technical findings and theories of the mind propounded by Sigmund Freud in the previous half-century.

When the mob forms itself, its members individually choose to suppress their normal rational personalities and sense of adult responsibility, and permit instead their cunning animal or babyish instincts to take over and reign supreme within themselves. It must be a collective decision even if silently taken: for one person to behave in such a manner would look identifiably stupid and criminal but for him/her to do so in a group where everyone has simultaneously decided to abandon reason (whether spontaneously or shouting slogans together) allows the loss of individual responsibility to become hidden in the mass, and the collective to take on features of a hydra-headed monster, capable of the vilest deeds without the slightest self-doubt. The victim of their violence or abuse will often be an individual who stands out in some way ~ perhaps by natural or social attributes or even by heroic deeds: indeed Freud suggested that primitive tribes sometimes engaged in parricide and regicide, cannibalising their individual heroes in the belief that by consuming something of the hero’s remains those attributes might magically reappear in themselves.

In modern India, the presence of mob violence on a monthly basis somewhere or other in the country gives the lie to our claims of maturity of our political and democratic development. Those posing as our political leaders may make as many foreign trips and wooden prepared speeches on TV as they wish to, but their actual cowardice is manifest in having failed to address the real disjunction that exists in this country between political interests and political preferences at the grassroots on the one hand, and the lack of serious parliamentary conversation addressing these within our representative institutions on the other. The reliance by the Executive on often brutal police or paramilitary forces reflects failure of the Legislative and Judicial branches of our Government, as well as a lack of balance between them arising from our political and constitutional immaturity.

History of Jammu & Kashmir

History of Jammu & Kashmir
by
Subroto Roy

First published in two parts in The Sunday Statesman, Oct 29 2006 and The Statesman Oct 30 2006, Editorial Page Special Article, www.thestatesman.net

At the advent of Islam in distant Arabia, India and Kashmir in particular were being visited by Chinese Buddhist pilgrims during Harsha’s reign. The great “Master of Law” Hiuen Tsiang visited between 629-645 and spent 631-633 in Kashmir (“Kia-chi-mi-lo”), describing it to include Punjab, Kabul and Kandahar. Over the next dozen centuries, Buddhist, Hindu, Muslim, Sikh and again Hindu monarchs came to rule the 85 mile long 40 mile wide territory on the River Jhelum’s upper course known as Srinagar Valley, as well as its adjoining Jammu in the upper plains of the Punjab and “Little Tibet” consisting of Laddakh, Baltistan and Gilgit.

In 1344, a Persian adventurer from Swat or Khorasan by name of Amir or Mirza, who had “found his way into the Valley and in time gained great influence at the Raja’s court”, proclaimed himself Sultan Shamsuddin after the death of the last Hindu monarchs of medieval Kashmir. Twelve of his descendants formed the Shamiri dynasty including the notorious Sikander and the just and tolerant Zainulabidin. Sikander who ruled 1386-1410 “submitted himself” to the Uzbek Taimur the Lame when he approached Kashmir in 1398 “and thus saved the country from invasion”. Otherwise, “Sikander was a gloomy ferocious bigot, and his zeal in destroying temples and idols was so intense that he is remembered as the Idol-Breaker. He freely used the sword to propagate Islam and succeeded in forcing the bulk of the population to conform outwardly to the Muslim religion. Most of the Brahmins refused to apostatise, and many of them paid with their lives the penalty for their steadfastness. Many others were exiled, and only a few conformed.”

Zainulabidin who ruled 1417-1467 “was a man of very different type”. “He adopted the policy of universal toleration, recalled the exiled Brahmins, repealed the jizya or poll-tax on Hindus, and even permitted new temples to be built. He abstained from eating flesh, prohibited the slaughter of kine, and was justly venerated as a saint. He encouraged literature, painting and music, and caused many translations to be made of works composed in Sanskrit, Arabic and other languages.” During his “long and prosperous reign”, he “constructed canals and built many mosques; he was just and tolerant”.

The Shamiri dynasty ended in 1541 when “some fugitive chiefs of the two local factions of the Makri and the Chakk invited Mirza Haidar Dughlat, a relation of Babar, to invade Kashmir. The country was conquered and the Mirza held it (nominally in name of Humayan) till 1551, when he was killed in a skirmish. The line… was restored for a few years, until in 1559 a Chakk leader, Ghazi Shah, usurped the throne; and in the possession of his descendants it remained for nearly thirty years.” This dynasty marks the origins of Shia Islam in Srinagar though Shia influence in Gilgit, Baltistan and Laddakh was of longer standing. Constant dissensions weakened the Chakks, and in 1586, Akbar, then at Attock on the Indus, sent an army under Raja Bhagwan Das into Srinagar Valley and easily made it part of his Empire.

Shivaism and Islam both flourished, and Hindu ascetics and Sufi saints were revered by all. Far from Muslims and Hindus forming distinct nations, here they were genetically related kinsmen living in proximity in a small isolated area for centuries. Indeed Zainulabidin may have had a vast unspoken influence on the history of all India insofar as Akbar sought to attempt in his empire what Zainulabidin achieved in the Valley. Like Zainulabidin, Akbar’s governance of India had as its “constant aim” “to conciliate the Hindus and to repress Muslim bigotry” which in modern political parlance may be seen as the principle of secular governance ~ of conciliating the powerless (whether majority or minority) and repressing the bigotry of the powerful (whether minority or majority). Akbar had made the Valley the summer residence of the Mughals, and it was Jahangir, seeing the Valley for the first time, who apparently said the words agar behest baushad, hamee in hast, hamee in hast, hamee in hast: “if Heaven exists, it is here, it is here, it is here”. Yet like other isolated paradises (such as the idyllic islands of the Pacific Ocean) an accursed mental ether can accompany the magnificent beauty of people’s surroundings. As the historian put it: “The Kashmiris remained secure in their inaccessible Valley; but they were given up to internal weakness and discord, their political importance was gone…”

After the Mughals collapsed, Iran’s Turkish ruler Nadir Shah sacked Delhi in 1739 but the Iranian court fell in disarray upon his death. In 1747 a jirga of Pashtun tribes at Kandahar “broke normal tradition” and asked an old Punjabi holy man and shrine-keeper to choose between two leaders; this man placed young wheat in the hand of the 25 year old Ahmed Shah Saddozai of the Abdali tribe, and titled him “Durrani”. Five years later, Durrani took Kashmir and for the next 67 years the Valley was under Pashtun rule, a time of “unmitigated brutality and widespread distress”. Durrani himself “was wise, prudent and simple”, never declared himself king and wore no crown, instead keeping a stick of young wheat in his turban. Leaving India, he famously recited: “The Delhi throne is beautiful indeed, but does it compare with the mountains of Kandahar?”

Kashmir’s modern history begins with Ranjit Singh of the Sikhs who became a soldier at 12, and in 1799 at age 19 was made Lahore’s Governor by Kabul’s Zaman Shah. Three years later “he made himself master of Amritsar”, and in 1806 crossed the River Sutlej and took Ludhiana. He created a fine Sikh infantry and cavalry under former officers of Napoleon, and with 80,000 trained men and 500 guns took Multan and Peshawar, defeated the Pashtuns and overran Kashmir in 1819. The “cruel rule” of the Pashtuns ended “to the great relief of Kashmir’s inhabitants”.

The British Governor-General Minto (ancestor of the later Viceroy), seeing advantage in the Sikhs staying north of the Sutlej, sent Charles Metcalfe, “a clever young civilian”, to persuade the Khalsa; in 1809, Ranjit Singh and the British in the first Treaty of Amritsar agreed to establish “perpetual amity”: the British would “have no concern” north of the Sutlej and Ranjit Singh would keep only minor personnel south of it. In 1834 and 1838 Ranjit Singh was struck by paralysis and died in 1839, leaving no competent heir. The Sikh polity collapsed, “their power exploded, disappearing in fierce but fast flames”. It was “a period of storm and anarchy in which assassination was the rule” and the legitimate line of his son and grandson, Kharak Singh and Nao Nihal Singh was quickly extinguished. In 1845 the Queen Regent, mother of the five-year old Dalip Singh, agreed to the Khalsa ending the 1809 Treaty. After bitter battles that might have gone either way, the Khalsa lost at Sobraon on 10 February 1846, and accepted terms of surrender in the 9 March 1846 Treaty of Lahore. The kingdom had not long survived its founder: “created by the military and administrative genius of one man, it crumbled into powder when the spirit which gave it life was withdrawn; and the inheritance of the Khalsa passed into the hands of the English.”

Ranjit Singh’s influence on modern J&K was even greater through his having mentored the Rajput Gulab Singh Dogra (1792-1857) and his brothers Dhyan Singh and Suchet Singh. Jammu had been ruled by Ranjit Deo until 1780 when the Sikhs made it tributary to the Lahore Court. Gulab Singh, a great grand nephew of Ranjit Deo, had left home at age 17 in search of a soldierly fortune, and ended up in 1809 in Ranjit Singh’s army, just when Ranjit Singh had acquired for himself a free hand to expand his domains north of the River Sutlej.

Gulab Singh, an intrepid soldier, by 1820 had Jammu conferred upon him by Ranjit Singh with the title of Raja, while Bhimber, Chibal, Poonch and Ramnagar went to his brothers. Gulab Singh, “often unscrupulous and cruel, was a man of considerable ability and efficiency”; he “found his small kingdom a troublesome charge but after ten years of constant struggles he and his two brothers became masters of most of the country between Kashmir and the Punjab”, though Srinagar Valley itself remained under a separate Governor appointed by the Lahore Court. Gulab Singh extended Jammu’s rule from Rawalpindi, Bhimber, Rajouri, Bhadarwah and Kishtwar, across Laddakh and into Tibet. His General Zorawar Singh led six expeditions into Laddakh between 1834 and 1841 through Kishtwar, Padar and Zanskar. In May 1841, Zorawar left Leh with an army of 5000 Dogras and Laddakhis and advanced on Tibet. Defeating the Tibetans at Rudok and Tashigong, he reached Minsar near Lake Mansarovar from where he advanced to Taklakot (Purang), 15 miles from the borders of Nepal and Kumaon, and built a fort stopping for the winter. Lhasa sent large re-inforcements to meet him. Zorawar, deciding to take the offensive, was killed in the Battle of Toyu, on 11-12 December 1841 at 16,000 feet.

A Laddakhi rebellion resulted against Jammu, aided now by the advancing Tibetans. A new army was sent under Hari Chand suppressing the rebellion and throwing back the Tibetans, leading to a peace treaty between Lhasa and Jammu signed on 17 September 1842: “We have agreed that we have no ill-feelings because of the past war. The two kings will henceforth remain friends forever. The relationship between Maharajah Gulab Singh of Kashmir and the Lama Guru of Lhasa (Dalai Lama) is now established. The Maharajah Sahib, with God (Kunchok) as his witness, promises to recognise ancient boundaries, which should be looked after by each side without resorting to warfare. When the descendants of the early kings, who fled from Laddakh to Tibet, now return they will not be stopped by Shri Maharajah. Trade between Laddakh and Tibet will continue as usual. Tibetan government traders coming into Laddakh will receive free transport and accommodations as before, and the Laddakhi envoy will, in turn, receive the same facilities in Lhasa. The Laddakhis take an oath before God (Kunchok) that they will not intrigue or create new troubles in Tibetan territory. We have agreed, with God as witness, that Shri Maharajah Sahib and the Lama Guru of Lhasa will live together as members of the same household.” The traditional boundary between Laddakh and Tibet “as recognised by both sides since olden times” was accepted by the envoys of Gulab Singh and the Dalai Lama.

An earlier 1684 treaty between Laddakh and Lhasa had said that while Laddakh would send tribute to Lhasa every three years, “the king of Laddakh reserves to himself the village of Minsar in Ngarees-khor-sum, that he may be independent there; and he sets aside its revenue for the purpose of meeting the expense involved in keeping up the sacrificial lights at Kangree (Kailas), and the Holy Lakes of Mansarovar and Rakas Tal”. The area around Minsar village near Lake Mansarovar, held by the rulers of Laddakh since 1583, was retained by Jammu in the 1842 peace-treaty, and its revenue was received by J&K State until 1948.

After Ranjit Singh’s death in 1839, Gulab Singh was alienated from the Lahore Court where the rise of his brothers and a nephew aroused enough Khalsa jealousy to see them assassinated in palace intrigues. While the Sikhs imploded, Gulab Singh had expanded his own dominion from Rawalpindi to Minsar ~ everywhere except Srinagar Valley itself. He had apparently advised the Sikhs not to attack the British in breach of the 1809 Treaty, and when they did so he had not joined them, though had he done so British power in North India might have been broken. The British were grateful for his neutrality and also his help in their first misbegotten adventure in Afghanistan. It was Gulab Singh who was now encouraged by both the British and the Sikhs to mediate between them, indeed “to take a leading part in arranging conditions of peace”, and he formally represented the Sikh regency in the negotiations. The 9 March 1846 Treaty of Lahore “set forth that the British Government having demanded in addition to a certain assignment of territory, a payment of a crore and a half of rupees, and the Sikh Government being unable to pay the whole”, Dalip Singh “should cede as equivalent to one crore the hill country belonging to the Punjab between the Beas and the Indus including Kashmir and the Hazara”.

For the British to occupy the whole of this mountainous territory was judged unwise on economic and military grounds; it was not feasible to occupy from a military standpoint and the area “with the exception of the small Valley of Kashmir” was “for the most part unproductive”. “On the other hand, the ceded tracts comprised the whole of the hereditary possessions of Gulab Singh, who, being eager to obtain an indefeasible title to them, came forward and offered to pay the war indemnity on condition that he was made the independent ruler of Jammu & Kashmir.

A separate treaty embodying this arrangement was thus concluded between the British and Gulab Singh at Amritsar on 16 March 1846.” Gulab Singh acknowledged the British Government’s supremacy, and in token of it agreed to present annually to the British Government “one horse, twelve shawl goats of approved breed and three pairs of Kashmir shawls. This arrangement was later altered; the annual presentation made by the Kashmir State was confined to two Kashmir shawls and three romals (handkerchiefs).” The Treaty of Amritsar “put Gulab Singh, as Maharaja, in possession of all the hill country between the Indus and the Ravi, including Kashmir, Jammu, Laddakh and Gilgit; but excluding Lahoul, Kulu and some areas including Chamba which for strategic purposes, it was considered advisable (by the British) to retain and for which a remission of Rs 25 lakhs was made from the crore demanded, leaving Rs 75 lakhs as the final amount to be paid by Gulab Singh.” The British retained Hazara which in 1918 was included into NWFP. Through an intrigue emanating from Prime Minister Lal Singh in Lahore, Imamuddin, the last Sikh-appointed Governor of Kashmir, sought to prevent Gulab Singh taking possession of the Valley in accordance with the Treaty’s terms. By December 1846 Gulab Singh had done so, though only with help of a British force which included 17,000 Sikh troops “who had been fighting in the campaign just concluded”. (Contemporary British opinion even predicted Sikhism like Buddhism “would become extinct in a short time if it were not kept alive by the esprit de corps of the Sikh regiments”.)

The British in 1846 may have been glad enough to allow Gulab Singh take independent charge of the new entity that came to be now known as the “State of Jammu & Kashmir”. Later, however. they and their American allies would grow keen to control or influence the region vis-à-vis their new interests against the Russian and Soviet Empires.

On a Liberal Party for India

NON-EXISTENT LIBERALS

By SUBROTO ROY

First published in The Sunday Statesman October 22 2006, Editorial Page Special Article, www.thestatesman.net

Communists, socialists and fascists exist in the Left, Congress and BJP-RSS ~ but there is a conservative/”classical liberal” party missing in Indian democracy today

We in India have sorely needed for many years a serious “classical liberal” or “conservative” political party. Major democratic countries used to have such parties which paid lip-service at least to “classical liberal” principles. But the 2003 attack on Iraq caused Bush/McCain-Republicans to merge with Hilary-Democrats, and Blair-Labour with Tory neocons, all united in a cause of collective mendacity, self-delusion and jingoism over the so-called “war on terror”. The “classical liberal” or “libertarian” elements among the Republicans and Tories find themselves isolated today, just as do pacifist communitarian elements among the Democrats and Labour. There are no obvious international models that a new Indian Liberal Party could look at ~ any models that exist would be very hard to find, perhaps in New Zealand or somewhere in Canada or North Eastern Europe like Estonia. There have been notable individual Indian Liberals though whom it may be still possible to look to for some insight: Gokhale, Sapru, Rajagopalachari and Masani among politicians, Shenoy among economists, as well as many jurists in years and decades gone by.

What domestic political principles would a “classical liberal” or conservative party believe in and want to implement in India today? First of all, the “Rule of Law” and an “Efficient Judiciary”. Secondly, “Family Values” and “Freedom of Religious Belief”. Thirdly, “Limited Government” and a “Responsible Citizenry”. Fourthly, “Sound Money” and “Free Competitive Markets”. Fifthly, “Compassion” and a “Safety Net”. Sixthly, “Education and Health for All”. Seventhly, “Science, not Superstition”. There may be many more items but this in itself would be quite a full agenda for a new Liberal Party to define for India’s electorate of more than a half billion voters, and then win enough of a Parliamentary majority to govern with at the Union-level, besides our more than two dozen States.

The practical policies entailed by these sorts of political slogans would involve first and foremost cleaning up the budgets and accounts of every single governmental entity in the country, namely, the Union, every State, every district and municipality, every publicly funded entity or organisation. Secondly, improving public decision-making capacity so that once budgets and accounts recover from having been gravely sick for decades, there are functioning institutions for their proper future management. Thirdly, resolving J&K in the most lawful and just manner as well as military problems with Pakistan in as practical and efficacious a way as possible today. This is necessary if military budgets are ever going to be drawn down to peacetime levels from levels they have been at ever since the Second World War. How to resolve J&K justly and lawfully has been described in these pages before (The Statesman, “Solving Kashmir” 1-3 December 2005, “Law, Justice and J&K”, 2-3 July 2006).

Cleaning up public budgets and accounts would pari passu stop corruption in its tracks, as well as release resources for valuable public goods and services. A beginning may be made by, for example, tripling the resources every year for three years that are allocated to the Judiciary, School Education and Basic Health, subject to tight systems of performance-audit. Institutions for improved political and administrative decision-making are necessary throughout the country if public preferences with respect to raising and allocating common resources are to be elicited and then translated into actual delivery of public goods and services.

This means inter alia that our often dysfunctional Parliament and State Legislatures have to be inspired by political statesmen (if any such may be found to be encouraged or engendered) to do at least a little of what they have been supposed to be doing. If the Legislative Branch and the Executive it elects are to lead this country, performance-audit will have to begin with them.

The result of healthy public budgets and accounts, and an economy with functioning public goods and services, would be a macroeconomic condition for the paper-rupee to once more become a money that is as good as gold, namely, a convertible world currency again after having suffered sixty years of abuse via endless deficit finance at the hands of first the British and then numerous Governments of free India that have followed.

It may be noticed the domestic aspects of such an agenda oppose almost everything the present Sonia-Manmohan Congress and Jyoti Basu “Left” stand for — whose “politically correct” thoughts and deeds have ruined India’s money and public budgets, bloated India’s Government especially the bureaucracy and the military, starved the Judiciary and damaged the Rule of Law, and gone about overturning Family Values. While there has been endless talk from them about being “pro-poor”, the actual results of their politicization of India’s economy are available to be seen with the naked eye everywhere.

One hundred years from now if our souls returned to visit the areas known today as India, Pakistan, Bangladesh etc, we may well find 500+ million inhabitants still below the same poverty-line despite all the gaseous prime ministerial or governmental rhetoric today and projections about alleged growth-rates.

If the Congress and “Left” must oppose any real “classical liberal” or conservative agenda, we may ask if the BJP-RSS could be conceivably for it. The answer is clearly not. The BJP-RSS may pontificate much about being patriotic to the motherland and about past real or imagined glories of Indian culture and religion, but that hardly ever has translated concretely into anything besides anti-Muslim or anti-Christian rhetoric, or breeding superstitions like astrology even at supposedly top technological institutes in the country. (Why all astrology is humbug, and a pre-Copernican Western import at that, is because all horoscopes assume the Sun rotates around the Earth in a geocentric solar system; the modern West’s scientific outlook arose only after astrology had declined there thanks to Copernicus and Galileo establishing the solar system as heliocentric.)

As for a “classical liberal” economic agenda, the BJP in Government transpired to be as bad if not worse than their adversaries in fiscal and monetary profligacy, except they flattered and were flattered by the organised capital of the big business lobbies whereas their adversaries flatter and are flattered by the organised power of the big labour unions (covering a tiny privileged class among India’s massive workforce). Neither has had the slightest interest in the anonymous powerless individual Indian citizen or household. The BJP in Opposition, instead of seeking to train and educate a new modern principled conservative leadership, appear to wish to regress even further back towards their very own brand of coarse fascism. “Family Values” are why Indian school-children have become the envy of the world in their keen discipline and anxiety to learn – yet even there the BJP had nothing to say on Sonia Gandhi’s pet bill on women’s property rights, whose inevitable result will be further conflict between daughters and daughters-in-law of normal Indian families.

At the root of the malaise of our political parties may be the fact we have never had any kind of grassroots “orange” revolution. There has been also an underlying national anxiety of disintegration and disorder from which the idea of a “strong Centre” follows, which has effectively meant a Delhi bloated with power and swimming in self-delusion. The BJP and Left are prisoners of their geriatric leaderships and rather unpleasant ideologies and interest-groups, while the Congress has failed to invent or adopt any ideology besides sycophancy. Let it be remembered Sonia Gandhi had been genuinely disdainful of the idea of leading that party at Rajiv’s death; today she has allowed herself to become its necessary glue. The most salubrious thing she could do for the party (and hence for India) is to do a Michael Howard: namely, preside over a genuine leadership contest between a half-dozen ambitious people, and then withdraw with her family permanently from India’s politics, focusing instead on the legacy of her late husband. Without that happening, the Congress cannot be made a healthy political entity, and hence the other parties have no role-model to imitate. Meanwhile, a liberal political party, which necessarily would be non-geriatric and non-sycophantic, is still missing in India.

Justice & Afzal

From Facebook August 12 2011:

Subroto Roy has now for the first time been able to read the Supreme Court judgement affirming Afzal Guru’s death sentence, commuting Shaukat’s, and affirming the acquittal of Gillani. It does not seem defective in law. Afzal Guru was perhaps misrepresented by lawyers or misled himself into confessing his crimes very early on. But hand-in-glove with the murderous terrorists he certainly appears to have been. The fact he helped the police with his confession may be the only equitable reason for the President to commute the sentence.

Justice & Afzal

first published in The Sunday Statesman Editorial Page October 14 2006

www.thestatesman.net

There is a difference between law and equity (or natural justice). The power of pardon is an equitable power. Commuting a death-sentence is a partial pardon
By SUBROTO ROY

“Fiat justitia pereat mundus” ~let justice be done even if the world shall perish ~ is a maxim only Immanuel Kant among the great philosophers may have wished to maintain. Yet it serves to remind us that there exist wrong reasons for carrying out as well as wrong reasons for not carrying out the death-sentence on Afzal Guru. Wrong reasons for carrying out the death-sentence include saying that only by his death will families of the victims of the Parliament attack receive satisfaction (justice is hardly the same thing as revenge) or that only thereby can the Indian Republic show itself to be standing up to terrorism. Wrong reasons for not carrying out the death-sentence include saying Afzal’s death would be seen as unjust by many people in J&K and result in further civil or political turmoil there or elsewhere, or that more terrorism will result.

Justice should be done and be seen to be done to Afzal by the Indian Republic ~ here as elsewhere, justice is a matter between an individual and the State. The question remains open whether such justice involves his death or his imprisonment for life or even his being paroled in due course. Unlike Praveen Mahajan for example, Afzal has not committed premeditated first-degree murder or parricide. He is from an Indian State where there has existed some separatist sentiment for decades, and evidently he has been an accomplice to an act of war against India involving attempted kidnapping or mass murder. If he is an Indian national, he may have been treasonous and seditious; if he is a Pakistani national or wishes to be treated as such, he may have been some kind of spy, agent provocateur or saboteur, or an accomplice of such people. The moral question before India today has to do with what precisely is the nature and quality of justice to be dispensed in this particular case, in these particular factual circumstances as far as presently known, given all the principles, precedents, rules and laws available.

Someone may fairly wonder how or why it is possible the President of India has any discretion at all left to commute a sentence of death once the judiciary up until the Supreme Court of India has spoken. The answer has to do with the subtle distinction that is still made in common law countries like Britain, the USA and India between law and equity or “natural justice”. Britain ever since the 13th Century has had an institution known as “Lord Chancellor” in whose person came to be combined the highest judicial and executive roles (Tony Blair’s New Labour Government is due to abolish it). “Chancery” or courts of equity traditionally were parallel to courts of law, recognising that normal legal processes may cause justice to sometimes fail (especially in corrupt times) and hence require direct executive intervention. In the United States today, equity is embodied in Rule 60(b) of the Federal Rules, and federal courts are empowered to oversee all other courts including themselves for violations of natural justice.

By way of example having nothing necessarily to do with capital punishment, “solicitation of counsel, clerks or judges” is embracery curialis, recognized as extrinsic fraud and subversion of justice since Jepps 72 E R 924 (1611), “firmly established in English practice long before the foundation” of the USA, Hazel Atlas, 322 US 238 (1943). “Embracery is an offense striking at the very foundation of civil society” says Corpus Juris 20, 496. A court of equity has inherent power to investigate if a judgement has been obtained by fraud, and that is a power to unearth it effectively, since no fraud is more odious than one to subvert justice. Cases include when “by reason of something done by the successful party… there was in fact no adversary trial or decision of the issue in the case. Where the unsuccessful party has been prevented from exhibiting fully his case, by fraud or deception practised on him by his opponent, as … where an attorney fraudulently or without authority assumes to represent a party and connives at his defeat; or where the attorney regularly employed corruptly sells out his client’s interest to the other side ~ these, and similar cases which show that there has never been a real contest in the trial or hearing of the case, are reasons for which a new suit may be sustained to set aside and annul the former judgment or decree, and open the case for a new and a fair hearing….” Hazel Atlas. Fraud on the court includes that “perpetrated by officers of the court so that the judicial machinery cannot perform in the usual manner its impartial task of adjudging cases that are presented for adjudication” Moore’s Federal Practice 60-360.

Equitable action under Rule 60(b) can vacate judgment whenever such action is appropriate to accomplish justice. (In contemporary American federal judicial processes at least in the present author’s experience over two decades, this rather subtle branch of jurisprudence may have become known, however, more in its breach than fulfilment).

The power of pardon is one such supra-legal equitable power of the executive authority. For a state’s chief executive to pardon a crime is to release someone of guilt or to remit punishment. In Britain, the power is with the Government’s Home Office and in the old Commonwealth it was delegated to the Governor-General. In the USA it is a power of the President or State Governors to pardon crimes, and the most famous case was that of President Gerald Ford pardoning his predecessor Richard M. Nixon. Pervez Musharraf recently pardoned A Q Khan. Both highlight the fact the power of granting a full pardon is to be exercised rarely, and may be justifiable only on grounds of “Reasons of State” where someone has done something unlawful which the State is willing to condone for sake of some greater good in the national interest. But a pardon also can be partial, requiring the offender fulfil a condition such as serving a lesser substituted punishment. Commuting a death sentence by requiring the offender to serve life in prison is this sort of conditional pardon.

In India today, the President under Article 72 of the Constitution is empowered “to grant pardons, reprieves, respites or remissions of punishment or to suspend, remit or commute” a sentence of death and also intervene in other cases. Article 161 gives a lesser power to State Governors. These are singular examples of the acknowledged presence of equity in modern Indian jurisprudence, though our customary laws remain a vast untapped source of natural justice, (viz. Tagore Law Lectures 1905-1906 by SN Roy). Just last week, a Supreme Court bench of Justice Arijit Pasayat and Justice SH Kapadia ruled the power of reprieve, pardon or remission of sentence may not be exercised for “political considerations or on the basis of religion, caste or other extraneous factors”. There must be bona fide valid reasons. The bench set aside an Andhra Pradesh order passed by a Governor from the Congress Party remitting the sentence of imprisonment awarded to a Congress leader in a murder case involving a Telegu Desam Party victim. In an egregious violation of his discretion, the Governor had said the sentence already undergone was sufficient and directed release, but the Supreme Court in November 2005 admitted a petition challenging the order and stayed it. The Court has now held that exercise of the power is subject to judicial review and it may not be exercised for extraneous, political or mala fide reasons. The Court has thereby enlarged its role in equity (or natural justice) similar to that which American federal courts have had under Rule 60(b). There is also an argument for abolishing Article 161.

In cases of equitable treatment of capital punishment in India today like that of Afzal (or Dhananjay before him), the fact the Executive has notoriously starved our Judiciary of adequate resources ever since Independence (The Statesman, 26 February 2006) also may not be something irrelevant to evaluating the likelihood of a mistake having been made. All things considered, if justice is to be done and seen to be done in Afzal’s case, the Indian Republic should be in no hurry whatsoever in deciding to either execute him or to even release him.

Racism New and Old

Racism New and Old

Subroto Roy

Editorial page, The Statesman September 8 2006, www.thestatesman.net

When Iraqi Sunni terrorists killed 11 Pakistani and three Indian Shia pilgrims on the same bus to Karbala the other day, they did not check passports or wait to hear discourses from their victims about the validity of Jinnah’s Two-Nations Theory or the RSS’s views on Akhand Bharat and Bharat-Mata. All Indians and Pakistanis of whatever religion are pretty much “Hindis” to the average Arab. If Pakistanis (much to their own chagrin) are indistinguishable from Indians in many Arab eyes, Hindus and Sikhs are (much to their own chagrin) indistinguishable from Muslims in many North American and British eyes. Matthai Chakko Kuruvila, the San Francisco Chronicle‘s Religion Writer (and whose own splendid ethnicity may appear obvious to us from his name), reports Paul Silverstein, an American anthropologist, saying “Muslims are the new Jews… They are the object of a series of stereotypes, caricatures and fears which are not based in a reality and are independent of a person’s experience with Muslims.” Kuruvila says: “The Muslim caricature has ensnared Hindus, Mexicans and others” across the USA “with violence, suspicion and slurs”, giving new form to America’s “age-old dance around racial identity”.

Assimilation

The subcontinent’s Muslims, Hindus, Sikhs, Christians and others are from pretty much similar racial populations, so when we wish to distinguish ourselves from one another as we tend to do on the subcontinent, we wear turbans, beards, long hair, veils, bindis etc ~ symbols about which the average New Jersey “dot-buster” or British “Paki-basher” cares not a hoot. London last year even saw Jean Charles de Menezes, a young Brazilian electrician on his way to work in the morning, pinned down by an elite squad of Britain’s much-vaunted policemen and receive seven bullets point-blank in the back of his skull ~ merely for having “looked Asian”.

Subcontinental immigrant families in the West experience a defining moment when the wife first bobs her long hair and takes to wearing slacks, skirts or even shorts, just so she can leave home and assimilate better in the workplace or shopping mall. The saris, salwars and real jewellery are kept for the weekends when she meets people who will understand her as herself, namely, her friends and kith and kin in the immigrant community. When salwar or sari-clad women start fake-kissing one another in Western-style greeting at those weekends, the alternation of their identities (and confusion in their self-knowledge) may have become complete. A limiting point of such attempts at assimilation is reached perhaps when an Asian woman becomes a BBC or CNN newsreader, reading what she has been told to yet still narcissistically indulging in the extent of her external transformation.

Muslim-Hindu differences of religious and cultural beliefs and practices between racially similar peoples may be contrasted with the main fault-lines that have existed in Western societies in recent centuries: fault-lines of race and colour between European and African, and of race and religion between Jew and Gentile.

An eminent American legal scholar once said African slavery had been “the living lie” in America’s official heritage of democracy and individual freedom. Black America took one hundred years from Lincoln’s Emancipation Proclamation to Martin Luther King Jr., to begin to overcome the impossible odds against it. Sports, music, show-biz and the arts were obvious arenas for public demonstration of individual genius. Athletes like Jesse Owens, Joe Louis and Arthur Ashe, musicians like Duke Ellington, Nat King Cole and Eartha Kitt, “in-your-face” satirists like Sammy Davis Jr, Richard Pryor and Eddie Murphy upto and including modern rapsters and many thousands of others demonstrated that Black America was not going away anywhere, certainly not returning to Liberia, was going to stay in and permanently alter American life and culture, and wondered if anyone thought otherwise. The degree of assimilation into non-black cultures would be a matter of personal choice, not social or economic compulsion. During the Bush invasion of Iraq, Harry Belafonte re-ignited an old controversy when he referred to his fellow West Indian and perfectly assimilated Colin Powell in context of the “plantation slave”/”house slave” dichotomy: plantation slaves were externally oppressed but felt free within while house slaves had more comforts but were docile compradors inside their souls.

Immigrant communities from the subcontinent have had their share of the same. It has been all too easy for young people to reach academic highs in New Delhi or Kolkata only to escape to obscure corners of America and lead docile subservient unfulfilling lives forever afterwards, in exchange for material and ultimately meaningless rewards. It might be called the Madhuri Dixit Phenomenon of being transformed from celebrity-status in India to becoming a complete unknown in America.

Jewish-Gentile divide

The Jewish-Gentile divide in Western civilisation has been more insidious and damaging to mankind, and potentially remains so as the anger it generates has been transferred onto modern Muslims instead. At its unspoken roots is the frank Jewish theological assessment that Jesus of Nazareth was at most a wise and honest rabbi, not Christ Immanent ~ a veracious blow that seems to remove the corner-stone of all European culture and civilisation. The length of mutual recriminations and miscomprehensions as well as self-deceptions and cruelties over the millennia that have resulted on both sides, remains endless. On the Christian side there has been the vile persecution of Jews for centuries. On the Jewish side, there has arisen the vast myth that today’s Israel has something to do with the ancient Hebrews, when contemporary Jews likely descend mostly from the conversion to Judaism of the Khazar Khanate in the second half of the 9th Century (see e.g. Paul Meerts, “Assessing Khazaria”, International Institute for Asian Studies July 2004). In between Jewish and Christian self-deceptions and mutual misunderstandings has arisen Anti-Semitism, Zionism, and also Anti-Zionism (many thoughtful Jews having opposed the creation of Israel). As George Eliot, Hannah Arendt and many others noticed, the assimilation of 19th Century Jews into elite society in Vienna or London was only permitted where some exceptional individual genius was displayed, most prominently perhaps in case of Benjamin Disraeli who became Victoria’s Prime Minister. Even that acceptance of assimilated “exceptional” Jews came to disintegrate into the horrors of the 20th Century, from which we are yet to recover. Modern American foreign policy has been partly driven by the East and West Coasts’ understanding or misunderstanding of that history.

Is Balochistan Doomed?

Is Balochistan Doomed?
by Subroto Roy

First published  in The Sunday Statesman Editorial Page Special Article

Sep 3 2006, www.thestatesman.net

Nawab Mohammad Akbar Khan Bugti’s death (apparently in a cave that was precision-bombed by the Pakistani military using American equipment after he had spoken on a Thuraya satellite-phone) lengthens Pakistan’s list of political killings and assassinations, many still unsolved.  Liaquat Ali Khan, Dr Khan Sahib, ZA Bhutto and sons as well as their enemy Zia ul Haq, are prominent members of the list. The Rule of Law is better in India to the extent we tend to solve and punish our major assassinations.

Bugti’s killing is symptomatic of many of Pakistan’s continuing ills, not least of which is the continuing inability of the military to comprehend politics as a discipline that accommodates competing interests and uses two-way dialogue, not one-way instruction, as its method. There is also the personal failure of Pervez Musharraf, seven years after his coup détat, to transform himself into Pakistan’s first genuine statesman in many years. Musharraf is a well-read, well-spoken soldier who sees himself as a man of destiny but he has quite simply failed to recognise statesmanship requires far more than personal ambition; he has become a Napoleon at home and a Quisling abroad when what he aspired to become was Pakistan’s Attaturk.

The roots of Pakistan’s Balochistan problem are depthless. When Pakistan was first created, Punjabis constituted 25 per cent of the population but 77 per cent of the new armed forces. East Bengalis constituted 55% of the population ~ a fact inevitably leading to the idea of a “one-unit West Pakistan wing” governing itself independent of the numerical majority of Bengali-speakers. Equally inevitably perhaps, this led to Punjabi military domination of East Pakistan; the history of Bangladesh’s creation is too well-known to need recitation here except to say the Mukti Bahini, like Balochi separatists today, were incapable of taking on Pakistan’s military on their own.

After Bangladesh’s secession, Pakistan became the four areas originally named in Iqbal’s 1930 speech conceptualising a Muslim country in North Western India (which, incidentally, excluded J&K despite Iqbal having been Kashmiri). Pakistan’s Pashtun and Baloch highlanders were never of Hindu/Indian origin, whereas the plainsmen consisting of Punjabis, Sindhis and migrants from India were (despite protestations and pretensions), closely related to their Hindu/Indian cousins and neighbours. Muslim and Hindu religious and cultural beliefs and practices may be very different, but DNA testing would likely identify most of the subcontinent’s Muslims and Hindus as ethnically indistinguishable from a scientific point of view.

The central fact driving and explaining Pakistan’s political history has been that the idea of Pakistan arose in the subcontinent’s Muslim-minority areas, not among the peoples of the areas that today constitute Pakistan ~ least of all the Baloch (viz., F Robinson in WE James & S Roy (eds) Foundations of Pakistan’s Political Economy). Having created a country based on an ideology imported by a handful of super-elite Indian migrants like Jinnah and Liaquat, serious political conversation and democratic nation-building of a high order was required immediately from Pakistan’s national statesmen to make the enterprise a success. That was never forthcoming simply because there were no such national statesmen, only rather thick bungling soldiers and some corpulent corrupt politicians. In an alternative universe in which ZA Bhutto had been born a generation earlier, things might have been different. Musharraf’s efforts since his January 2002 speech to become an intelligent modern soldier-statesman amount to far too little, far too late, rather the way the French physiocrats were too late and came to be swept away by revolution.

The Baloch are a tribal people who defeated and later assimilated the Dravidian(?)-Brahui inhabitants of the area. For most of their modern history they were independent though owed nominal allegiance to the Afghan ruler in Kabul. The 19th Century British created a strip known as “British Balochistan” including Quetta and Sibi, but were interested in the region solely to the extent it controlled access to Afghanistan and otherwise left the Khan of Kalat to himself. The British also annexed Sindh from a Balochi dynasty. In the 21st Century, it has become Balochistan not Afghanistan which has immense economic potential and strategic value in international politics. Yet its future must be filled with foreboding because Musharraf’s military-business state, goaded on by Western and Chinese business and military interests, has recognised its potential and begun to behave ruthlessly against Balochis as a result. Balochistan contains Pakistan’s reserves of uranium, coal, gold, silver, copper, aluminium, and of course plentiful natural gas at Sui. The Makran Coast had been gifted by the Khan of Kalat to Oman, and was bought back by Pakistan in 1958. Development of Gwadar and Ormara ports and naval bases (whose strategic value is self-evident) and a road link through the Karakoram to Sinkiang have now become top Pakistani and Chinese military and business priorities.

Gwadar real-estate speculation is rampant among Lahore and Rawalpindi’s military-businessmen, while two Chinese workers were killed in Gwadar by Balochi nationalists in 2004 causing ruthless Punjabi reprisals. Also, the Americans have long had secret CIA-built bases in Pasni and Dalbandin in Baloch territory, which are being used presently in military operations in Afghanistan; their Pashtun/Taliban enemy also use Quetta and northern Balochistan for rest and recuperation while fighting in Afghanistan! And Balochistan’s caves are where Pakistan’s nuclear-armed F-16s against India are hidden. The Balochi are a small, poor, traditionally peaceful, politically divided tribal minority of perhaps 6.5 million people spread sparsely over this vast arid area that constitutes more than 48% of Pakistan’s present territory. Despite the pretensions of an articulate expatriate rebel elite (including even a self-styled Government-in-Exile based in Jerusalem dreaming of a secular free Balochistan), Baloch guerrilla fighters are wholly incapable of taking on the organised military might of the Pakistani state, armed by America and China. The expansion of Pakistan’s 74 million Punjabis, 30 million Sindhis and 17 million Pashtun into Balochistan seems as inevitable at present as the expansion of the Han Chinese into Tibet ~ a similarity doubtless noted by Musharraf’s Communist Chinese friends and advisers. Also, because there are two million Balochis in Iranian Balochistan, Pakistan’s Balochi nationalists have had a declared enemy to their west in the Iranian Government ~ the Pahlevi regime even provided Italian-made American Huey helicopter gunships with Iranian pilots to help Bhutto crush the Baloch rebellions of the early 1970s. In fact, Balochi rebels have had no military allies except the pre-communist Government of Afghanistan under Daud, who “ordered the establishment of a training camp at Qandahar for Baloch liberation fighters. Between 10,000 and 15,000 Baloch youths were trained and armed there” (R Anwar, The Tragedy of Afghanistan 1988, p. 78). The Governments of India or the United States lack motivation or capability to help, and Balochistan may be doomed to becoming a large human rights/genocidal disaster of the next decade.

An independent Balochistan may be unviable, being overwhelmed by its riches while having too small, uneducated and backward a population of its own, and powerful greedy neighbours on either side. In effect, a weak Balochistan has been divided rather like a weak Poland was divided by Hitler and Stalin in the Ribbentrop-Molotov pact.

Today, the Pashtun of Pakistan and Afghanistan (as well as perhaps Sindhis of Baloch origin) may be the only interlocutors who can prevent a genocide and mediate a peace between Balochi nationalists and Musharraf’s ruthless Punjabi military-businessmen determined to colonize Balochistan completely with Chinese help, effectively subsidising their misgovernance elsewhere with Balochistan’s riches. Like Bhutto and Zia, Musharraf has chosen military suppression and failed to see the only way forward for Pakistan is political accommodation of both Baloch and Pashtun aspirations and desires, while solving Pakistan’s grave fiscal and monetary problems separately. The terms of a peaceful accommodation could involve e.g., a vertical administrative division of Pakistan between its tribal highlander peoples and its Indus Valley plainsmen (viz., The Statesman 16 July 2006) followed by slow, steady, sustainable development and modernization consistent with tribal cultural wishes ~ not Shanghai or World Bank capitalism. To be a man of destiny, Musharraf must transcend the military-business complex he rules over and reduce its role in Pakistani life, not increase it. Statesmanship involves taking risks for a noble cause and these are the main risks he needs to address and build a national consensus upon. Instead, he has enhanced military capabilities and seems hell-bent (perhaps on advice of his MBA prime minister) on ruthless exploitation of Balochistan as a Lahore/ Rawalpindi colony. It is the road to catastrophe.

(NB The original article said grandsons of Nawab Bugti had been killed with him, but this is not confirmed.)

Understanding Pakistan

UNDERSTANDING PAKISTAN
First published in The Sunday Statesman and The Statesman Editorial Page Special Article 30-31 July 2006,

www.thestatesman.net

By SUBROTO ROY

Pakistan’s political institutions have failed to develop properly over sixty years. Yet in the last ten years or more, its Government has acquired weapons of mass destruction and in 1998-99 its Foreign Minister half-threatened to use these against India in a first strike. As a religious and cultural phenomenon and as a putative nation-state, Pakistan needs to be sought to be understood in as unbiased and objective a manner as possible, not least by Pakistanis themselves, as well as by Afghans, Bangladeshis, Chinese, Americans,Israelis, Arabs, Iranians etc. besides ourselves in India.

The slogan “Islam in danger” has always had some substance since orthodox Muslims constantly face temptations in the world existing around them from materialism, scepticism, syncretism, pantheism etc. Some responded defensively to the Westernisation/modernisation of India’s Hindus, Parsees and Christians by becoming insular and separatist in outlook, and anti-individualist or communal in behaviour.

“We are an Arab people whose fathers have fallen in exile in the country of Hindustan, and Arabic genealogy and Arabic language are our pride,” declared Wali Allah (1703-1762), a contemporary of Nejd’s founder of Wahhabism. “We must repudiate all those Indian, Persian and Roman customs which are contrary to the Prophet’s teaching”, declared Barelvi (1786-1831), who also initiated the idea of a religious mass migration of North Indian Muslims. His movement saw “jihad as one of the basic tenets of faith… it chose as the venue of jihad the NW Frontier of the subcontinent, where it was directed against the Sikhs. Barelvi temporarily succeeded in carving out a small theocratic principality which collapsed owing to the friction between his Pathan and North Indian followers…” (A. Ahmed, in Basham (ed) Cultural History of India).

Political and psychological tensions between Pakistan’s Pashtun/Baloch tribal people and Punjabi/ Urdu elite continue to this day, even when many of the former have integrated into industries and vocations controlled by the latter. The highlanders were never part of Hindu societies, while the plainsmen, whether they admit it or not, ethnically were converts for the most part from India’s native religions (though here again the religious syncretism of Sindhis, both Muslim and Hindu, may be contrasted with orthodoxy). Barelvi’s theocracy, named Tariqa-yi Muhammadiya, had remnants near Sittana until the First World War, and his followers are still a major component of Pakistan’s most orthodox today.

Muslim separatism in North India would have been futile without British political backing. As early as 1874, the British saw their advantage: “The existence side by side of these hostile creeds (Hindu and Muslim) is one of the strong points in our political position in India. The better classes of Mohammedans are a source of strength to us and not of weakness. They constitute a comparatively small but an energetic minority of the population whose political interests are identical with ours.” When the Agha Khan’s 1906 delegation first pleaded for communal representation, Minto agreed with them, and Minto’s wife wrote in her diary the effect was “nothing less than the pulling back of sixty two millions (of Muslims) from joining the ranks of the seditious opposition.” The slogan “If you are not with us you are against us” was always widely applied by the British in India in the form “If you dare to not be with us, we definitely will be with your adversaries”.

One obscure ideological current of today’s Pakistan came via the enigmatic personage of Inayatullah Mashriqi (1888-1963), who, from being a Cambridge Wrangler, became a friend of Adolf Hitler in 1926, received a Renault as a gift from Hitler (possibly housed in a Lahore museum today) and claimed to have affected Hitler’s ideology. Mashriqi created the Khaksars, modelled on the Nazi SA, and was often jailed for violence.

But the official ideology of today’s Pakistan came from Mohammad Iqbal (1877-1938), an admirer of Friedrich Nietzsche. Indeed, “Pakistan” would have been better named “Iqbalistan” and its nationals “Iqbalians”, just as countries like Colombia, the USA, Israel, Saudi Arabia etc. have been named after an individual person. Iqbal’s 1930 Presidential Speech to the Muslim League in Allahabad conceptualised the country that exists today: “I would like to see the Punjab, NWFP, Sind and Baluchistan amalgamated into a single state…the formation of a consolidated NW Indian Muslim state appears to me to be the final destiny of the Muslims at least of NW India… India is the greatest Muslim country in the world. The life of Islam as a cultural force in this living country very largely depends on its centralisation in a specified territory… “

Though Kashmiri himself, Iqbal was silent about J&K being any part of this new entity. Nor did he see this Muslim country being theocratic or filled with anti-Hindu bigotry: “A community which is inspired by feelings of ill-will towards other communities is low and ignoble. I entertain the highest respect for the customs, laws, religious and social institutions of other communities…. Yet I love the communal group which is the source of my life and my behaviour; and which has formed me what I am by giving me its religion, its literature, its thought, its culture,and thereby recreating its whole past, as a living operating factor, in my present consciousness… Nor should the Hindus fear that the creation of autonomous Muslim states will mean the introduction of a kind of religious rule in such states…. I therefore demand the formation of a consolidated Muslim state in the best interests of India and Islam. For India it means security and peace resulting from an internal balance of power, for Islam an opportunity to rid itself of the stamp that Arabian Imperialism was forced to give it, to mobilise its law, its education, its culture, and to bring them into closer contact with its own original spirit and the spirit of modern times.” Iqbal clearly wished to be rid of the same stamp of Arabian Imperialism that Wali Allah had extolled.

In 1937, Iqbal added an economic dimension referring to Shariat in order that “at least the right to subsistence is secured to everybody”. A “free Muslim state or states” was “the only way to solve the problem of bread for Muslims as well as to secure a peaceful India.”

Iqbal persuaded MA Jinnah (1876-1948), who had settled once again into his London law practice, to return to India in 1934. But when, following the 1935 Government of India Act, India experienced its first democratic elections in 1937, the Muslim League’s ideology promoted by Iqbal and Jinnah failed miserably in the very four provinces that Iqbal had named.

Three days after Hitler’s attack on Poland, the British chose to politically empower Jinnah. Until September 4 1939, the British “had had little time for Jinnah and his League. The Government’s declaration of war on Germany on 3 September, however, transformed the situation. A large part of the army was Muslim, much of the war effort was likely to rest on the two Muslim majority provinces of Punjab and Bengal. The following day, the Viceroy invited Jinnah for talks on an equal footing with Gandhi…. because the British found it convenient to take the League seriously, everyone had to as well” (F. Robinson, in James & Roy (eds) Foundations of Pakistan’s Political Economy). Jinnah himself was amazed: “suddenly there was a change in the attitude towards me. I was treated on the same basis as Mr Gandhi. I was wonderstruck why all of a sudden I was promoted and given a place side by side with Mr Gandhi.”

Britain at war was faced too with intransigence from the Congress — Gandhi, for example, rudely dismissing the 1942 Cripps offer as a “post-dated cheque on a failing bank”. It was unsurprising this would contribute to the British tilt towards Congress’s adversary. Suddenly, Rahmat Ali’s acronym “PAKSTAN” , supposedly invented on the top floor of a London bus, was becoming a credible possibility.

By 1946, Muslim electoral opinion had changed drastically in the League’s favour. By 1947, Iqbal’s lofty philosophical vision of a cultured Muslim state had degenerated into irrational street mobs shouting: “Larke lenge Pakistan; Marke lenge Pakistan; Khun se lenge Pakistan; Dena hoga Pakistan”.

Events remote from India’s history and geography, namely, Hitler’s rise and the Second World War, had contributed between 1937 and 1947 to the change of fortune of Jinnah’s League, and hence the fate of all the people of the subcontinent. Even so, thanks to AK Azad’s diplomacy, the May 1946 Cabinet Mission Plan denying Partition and Pakistan did come to be accepted by Jinnah’s Muslim League, and it was doubtless the obduracy and megalomania of Azad’s Congress colleagues which contributed equally to the failure to find a political solution ~ along with the vapid behaviour of a pompous, vacuous Mountbatten who caused infinite uncertainty until June 3 1947, as to what was going to happen to the lives of scores of millions of ordinary people within a few weeks.

In August 1947, the new Pakistani elite hardly felt or even wished to feel free of the British ~ they merely felt independent of what they saw as Congress domination, and had now acquired some power for themselves. Far from any nation-building taking place, Pakistan’s early years were marked by political, legal, constitutional and military chaos and trauma. Both Dominions made a grab for the Raj’s common assets, especially the armed forces.

Indeed, how did the Kashmir problem originate? As much as any other factor, it occurred because of the incompetent partitioning of military assets and hurried decommissioning of British Indian armies ~ causing thousands of Mirpuri soldiers to return to a communally inflamed Punjab/ Jammu region.

The first J&K war started within weeks of Partition and was in all but name a civil war ~ somewhat like the American Civil War. It was a civil war not merely between Kashmir’s National and Muslim Conferences but also between Army regiments who had been jointly fighting Britain’s enemies until very recently.

Pakistan’s leadership vacuum started at once. Jinnah was ill and died shortly. Liaquat Ali Khan was the only politician of any experience left. He faced on one side Pashtuns having no wish to be dominated by a new Karachi/ Rawalpindi elite, and on the other side, the Kashmir conflict. The most basic functions of governance never got started. Taking a Census has been one such function since Roman times, yet Pakistan has never had one. Writing a Constitution is another, but Maududi and others demanded “That the sovereignty in Pakistan belongs to God Almighty alone and that the Government of Pakistan shall administer the country as His agent”. As a result, Pakistan’s few constitutionalists have been battling impossibly ever since to overcome the ontological mistake made of assuming that any earthly government, no matter how pious, can be in communication with God Almighty as easily as it can be with foreign governments.

The Rule of Law is another basic function. But when Liaquat was himself assassinated in 1951, his assassin was killed on the spot yet the murder remained unsolved. Mashriqi was immediately arrested because of his hostility to the Muslim League, but later released. Because the assassin was Pashtun, Afghanistan was blamed but the Afghan Government proved otherwise. The investigating policeman was killed in an aircrash, and all documents went with him. Final suspicion pointed towards Akbar Khan, the renegade Army general who had led the attack on J&K and was in jail for the Rawalpindi conspiracy. Years later, Liaquat’s widow (the former Irene Pant of Naini Tal) rued the fact no one was ever prosecuted.

After Liaquat’s assassination, the period of Ghulam Mohammad, Nazimuddin, Mohammad Ali Bogra, Chaudhury Mohammad Ali, and most importantly, Iskander Mirza leading up to Ayub Khan’s Martial Law in 1958, was simply appalling in its display of the sheer irresponsibility of Pakistan’s new super-elite. Instead of domestic nation-building or fulfilling the basic functions of governance, close comprador relations came to be established with the US and British Governments ~ exemplified by Mirza’s elder son taking the American Ambassador’s daughter as his (first) wife and moving to a lifelong career with the World Bank in Washington. This comprador relationship between Washington, London and Pakistan’s super-elite flourishes and continues to this day. E.g., the current World Bank head and architect of the 2003 Bush invasion of Iraq, Paul Wolfowitz, remains in a mentoring relationship with Shaukat Aziz, a former American bank executive, who is General Musharraf’s Prime Minister. For better or worse, Pakistan’s Government will never veer from the side of Anglo-American policy while such comprador relationships remain intact.

Before the 1971 war, West Pakistan was in a frenzy from a propaganda campaign of “Crush India” and “Hang Mujib”. General Niazi’s surrender to General Arora in Dhaka Stadium ~ causing 90,000 PoWs whom India then protected from Bangladeshi revenge ~ shocked Pakistan and shattered the self-image of its Army. ZA Bhutto was the only populist politician of the country ever, and his few years held vanishing promise of a normal political agenda (no matter how economically misguided) finally arising. But Bhutto suppressed the new Baloch revolt with the Shah of Iran’s military help; at the same time he failed to protect his own back against Zia ul Haq’s coup, leading to his judicial murder in 1979. Zia tried to rebuild the Army’s shattered esprit de corps the only way he knew how, which was by indoctrinating the Punjabi officer corps with Sunni dogmatism. This coincided with the Afghan civil war, influx of refugees, and US-Saudi-Chinese plan to defeat the USSR. Pakistan’s super-elite in their comprador role were happy to allow themselves to be used again and be hung out to dry afterwards.

All normal branches of Pakistan’s polity, like the electorate,press, political parties, Legislature and Judiciary, have remained at best in ill-formed inchoate states of being. The economy remains, like India’s, one fed on endless deficit finance paid for by unlimited printing of inconvertible paper money, though Pakistan has had relatively more labour emigration and much less foreign investment and technological progress than India. Both are wracked by corruption, poverty, ignorance and superstition.

Over half a century, the military has acquired vast economic and political interests and agendas, on pretext of protecting Pakistan from India or gaining “Kashmeer” for it. With few and noble exceptions, academics, politicians and journalists have remained timid in face of fascistic State-power with its militarist/Islamist ideology ~ causing a transferance of the people’s anger and frustration onto an easier target, namely ourselves in India. Anti-Indianism (especially over J&K) remains the sole unifying factor of Pakistan’s super-elite, regardless of what history’s objective facts may have to say. Much political courage and understanding will be needed for that to be reversed.

All countries hunger for genuine national heroes who take upon themselves individual risks on behalf of ordinary people. Wali Khan stood up to his father’s jailors, and young Benazir of 1980s vintage to her father’s executioner. But Pakistan has had few such heroes,certainly none among its bemedalled generals. Why AQ Khan is seen as a hero is because he at least took some personal risks, and finally brought Pakistan a kind of respect and independence in the world with his Bomb.

The Greatest Pashtun: Khan Abdul Ghaffar Khan

THE GREATEST PASHTUN

First published in The Sunday Statesman Editorial Page Special Article, July 16 2006, www.thestatesman.net

By

SUBROTO ROY

Khan Abdul Ghaffar Khan (1890-1988) was without a doubt the greatest political genius the Pashtun people have yet produced.

Understanding the political economy of the Pashto/Pakhto speaking peoples, as well as the Tajik, Hazara, Uzbek, Turkmen and other inhabitants of Afghanistan, remains a top intellectual challenge for everyone including themselves. Afghans have hardly lived a peaceful decade since Genghiz Khan destroyed them avenging his grandson in the 13th Century.  Ghazni, Ghor, Peshawar etc. were launch-pads for attacks against the settled people of India’s fertile plains (most recently, the October 1947 attack on Kashmir Valley) while Herat saw wars by and against Iran.

Lyall, one of the architects of 19th Century British policy, thought Afghans “wretched”, “treacherous barbarians with whom it was an unfortunate necessity to have any dealings at all”… “I can only sympathise with the Afghan’s love for his country and his hatred against those who disturb him, although he has no scruple in disturbing others to the best of his savage ability”. Yet the British idea of Russian armies marching into India through Afghanistan was always a wild exaggeration, especially after joint boundary commissions demarcated the imperial spheres of influence. When the Russians did finally enter and occupy Afghanistan in 1978-79, they lived to regret it; and they arrived in independent India on passenger aircraft, were greeted as fraternal socialists selling weapons, and remain so today. Pakistan’s generals exaggerated the prospect of Russia seeking warm water ports, first to Nixon (as Vice President) then to Carter and Reagan, causing the Americans to happily supply weapons which the generals promptly turned against India.

Ghaffar Khan was and remains the only thoughtful figure in Pashtun history who invented a new, living political philosophy as a constructive force for his people’s peace and progress. Even though his ideology failed to take permanent root or survive among them, he commanded universal respect among all Pashtuns and Afghans and became “Badshah Khan” or “Bacha Khan” to them. Afghanistan’s civil war, in which the USSR was pit against the USA, Pakistan etc, stopped with a ceasefire in 1988 for his burial to take place in Jalalabad, with a funeral procession that was miles long.

Pashtun and other Afghan and Arab tribal people have become notorious today by their association with the dogmatism, intellectual insularity and retrograde ideology of Muslim extremism. Yet Osama bin Laden and his Taliban and other friends have been unable to make any moral argument for the cause of violence other than one built on revenge for perceived or misperceived injustices against Muslims. “Because you have done this and this to Muslim people, we are bound by the code of vengeance to do this to you” is just about the entire quantum of moral reasoning contained in Al-Qaida’s statements. “Revenge is a wild kind of justice” and circumstances can exist where injustice is so deep that only revenge suffices in rectification. The current case of the rape-murder of an Iraqi girl and her family by a group of renegade American soldiers may be one such, which explicitly led to the kidnap, torture and murder of some of the soldiers by Iraqis seeking vengeance. But justice too is a civilised kind of revenge, and the transition from a code of revenge to a code of justice is precisely the transition from tribal warfare to civilisation. In Western countries, it occurred recently enough when duelling with swords or pistols came to be banned, giving way to the law of torts.

Ghaffar Khan attempted to change the Pashtun code in this one fundamental and all-important direction by abolishing the right to revenge. In its place he brought the doctrine of non-violence. “I am going to give you such a weapon that the police and the army will not be able to stand against it. It is the weapon of the Prophet, but you are not aware of it. That weapon is patience and righteousness. No power on earth can stand against it.”Patience and righteousness are not political virtues that seem to find much mention in Islamic or Afghan folklore, and doubtless they arose in Ghaffar Khan’s thought and actions at least partly through his encounter with Christian altruism, first with Rev. Wigram his schoolmaster, and later in adult life with the Tolstoy-Thoreau doctrines applied along with Jain ahimsa by MK Gandhi in the movement for Indian independence.

“It is the weapon of the Prophet” was Ghaffar Khan making explicit he was and remained at all times the most devout of Muslims and none could say otherwise; “but you are not aware of it” was his new move to tell his people they had misled themselves by sacerdotalism and needed to read the Prophet’s life and message afresh. He once told M. K. Gandhi how he explained to amazed Punjabi Muslim Leaguers the precise evidence in favour of non-violence from the Prophet’s life in Mecca, leaving his audience speechless.

Today’s “Taliban” were named for their purported piety; Lashkar-e-Taiba even means “Army of the Pious”, the typical image being of pious studious youth seated memorising scriptures in a Pakistani madrassa, and later waving AK-47s in a moving truck. Ghaffar Khan’s Khudai Khidmatgar “Servants of God” were their polar opposite. Each of some 120,000 members of the order took a fierce oath to non-violence and renunciation: “I am a Servant of God, and as God needs no service, but serving his creation is serving him, I promise to serve humanity in the name of God; to refrain from violence and from taking revenge; to forgive those who oppress me or treat me with cruelty; to refrain from taking part in feuds and quarrels and from creating enmity; to treat every Pathan as my brother and friend; to refrain from antisocial customs and practices; to live a simple life, to practice virtue, and to refrain from evil; to practice good manners and good behaviour and not to lead a life of idleness… I will sacrifice my wealth, life, and comfort for the liberty of my nation and people… side with the oppressed against the oppressor… live in accordance with principles of nonviolence… serve all God’s creatures alike… my object shall be the attainment of the freedom of my country and my religion. … will never desire any reward whatever for my service. All my efforts shall be to please God, and not for any show or gain.”

In their founder’s words, the Khudai Khidmatgars were to be ready to lay down their own lives for their cause and never take any life doing so. They became far more forceful practitioners of non-violence than their Gandhian Indian counterparts in the struggle for political freedom from the British, and hundreds of them died in Peshawar under British brutality.

In 1893, Durand’s controversial boundary-line gave the British control over the three mountain passes between Afghanistan and India in exchange for raising the annual British subsidy to the Afghan Amir by 50% from Rs 8 lakhs to 12 lakhs. Today, the Durand Line roughly separates perhaps 10 million Pashtun comprising 40% of Afghanistan’s population from perhaps 8 million Pashtun who are Pakistani nationals (no one has exact figures as there has been no census). In the 1950s and 1960s, the Afghan Government backed by the USSR, on pretence that the Durand Line had not been freely accepted by Afghans, wished for a “Pakhtoonistan” under its sway.

Though jailed by the new and nervous Pakistanis, Ghaffar Khan was averse to any truck with the Afghan Government ~ he had not demanded erasing the Durand Line but had demanded a separate and distinct “Pashtunistan”. A mature self-confident federal Pakistan today would bifurcate itself vertically into one or two mountainous western provinces on one side, and two or three river valley eastern provinces on the other. The former could be named “East Pashtunistan” if the Baloch agreed, or East Pashtunistan and Baluchistan otherwise, and extend to the port of Gwadar, while the latter would remain Punjab, Sindh and “Northern Kashmir”.

Along with an Afghan “West Pashtunistan” and an Indian “Southern Kashmir”, a stable design of peaceful nation-states from Iran through Afghanistan and Pakistan to India would be then finally in place. Badshah Khan’s influence in death may yet become greater than his influence in life

Law, Justice and J&K

LAW, JUSTICE AND J&K

by SUBROTO ROY

First published in two parts inThe Sunday Statesman, July 2 2006 and The Statesman July 3 2006 www.thestatesman.net Editorial Page Special Article

I.

For a solution to J&K to be universally acceptable it must be seen by all as being lawful and just. Political opinion in Pakistan and India as well as all people and parties in J&K ~ those loyal to India, those loyal to Pakistan, and any others ~ will have to agree that, all things considered, such is the right course of action for everyone today in the 21st Century, which means too that the solution must be consistent with the facts of history as well as account reasonably for all moral considerations.

On August 14, 1947, the legal entity known as “British India”, as one of its final acts, and based on a sovereign British decision made only two months earlier, created out of some of its territory a new State defined in international law as the “Dominion of Pakistan”. British India extinguished itself the very next day, and the newly independent “Dominion of India” succeeded to all its rights and obligations in international law. As the legal successor of the “India” which had signed the Treaty of Versailles in 1919 and the San Francisco Declaration of 1945, the Dominion of India was already a member of the new UN as well as a signatory to many international treaties. By contrast, the Dominion of Pakistan had to apply afresh to sign treaties and become a member of international organisations. The theory put forward by Argentina that two new States, India and Pakistan, had been created ab initio, came to be rejected and was withdrawn by Argentina. Instead, Pakistan with the wholehearted backing of India was made a member of the UN, with all except Afghanistan voting in favour. (Afghanistan’s exceptional vote signalled presence of conflict over the Durand Line and idea of a Pashtunistan; Dr Khan Sahib and Abdul Ghaffar Khan were imprisoned by the Muslim League regime of NWFP which later supported the tribesmen who attacked J&K starting October 22, 1947; that conflict remains unresolved to this day, even after the American attack on the Taliban, the restart of a constitutional process in Afghanistan, and the purported mediation of US Secretary of State Condoleeza Rice.)

Zafrullah Khan, Pakistan’s distinguished first ambassador to the UN, claimed in September 1947: “Pakistan is not a new member of UNO but a successor to a member State which was one of the founders of the Organisation.” He noted that he himself had led India to the final session of the League of Nations in Geneva in 1939, and he wished to say that Pakistan had been present “as part of India… under the latter name” as a signatory to the Treaty of Versailles. This was, however, logically impossible. The Treaty of Versailles long predated (1) Mohammad Iqbal’s Allahabad Address which conceptualised for the first time in the 20th Century a Muslim State in Northwest India; (2) Rahmat Ali’s invention of the word “PAKSTAN” on the top floor of a London omnibus; (3) M. A. Jinnah and Fazlul Haq’s Lahore Resolution; and (4) the final British decision of June 3, 1947 to create by Partition out of “British India” a Dominion named Pakistan. Pakistan could not have acted in international law prior to having come into being or been created or even conceived itself. Zafrullah Khan would have been more accurate to say that the history of Pakistanis until August 14, 1947 had been one in common with that of their Indian cousins ~ or indeed their Indian brothers, since innumerable North Indian Muslim families came to be literally partitioned, with some brothers remaining Indians while other brothers became Pakistanis.

Pakistan was created at the behest of Jinnah’s Muslim League though with eventual agreement of the Indian National Congress (a distant ancestor of the political party going by the same name today). Pakistan arose not because Jinnah said Hindus and Muslims were “two nations” but because he and his League wished for a State where Muslims would find themselves ruled by fellow-Muslims and feel themselves part of a pan-Islamic culture. Yet Pakistan was intended to be a secular polity with Muslim-majority governance, not an Islamic theocracy. That Pakistan failed to become secular was exemplified most poignantly in the persecution Zafrullah himself later faced in his personal life as an Ahmadiya, even while he was Pakistan’s Foreign Minister. (The same happened later to Pakistan’s Nobel-winning physicist Abdus Salaam.) Pakistan was supposed to allow the genius of Indo-Muslim culture to flourish, transplanted from places like Lucknow and Aligarh which would never be part of it. In fact, the areas that are Pakistan today had in the 1937 provincial elections shown scant popular Muslim support for Jinnah’s League. The NWFP had a Congress Government in the 1946 elections, and its supporters boycotted the pro-Pakistan referendum in 1947. The imposition of Urdu culture as Pakistan’s dominant ethos might have come to be accepted later in West Punjab, Sindh and NWFP but it was not acceptable in East Bengal, and led inevitably to the Pakistani civil war and creation of Bangladesh by Sheikh Mujib in 1971.

In August 1947, the new Dominions of India and Pakistan were each supposed to protect their respective minority populations as their first political duty. Yet both palpably failed in this, and were reduced to making joint declarations pleading for peace and an end to communal killings and the abduction of women. The Karachi Government, lacking the wherewithal and administrative machinery of being a nation-state at all, and with only Liaquat and an ailing Jinnah as noted leaders, may have failed more conspicuously, and West Punjab, the Frontier and Sindh were soon emptied of almost all their many Sikhs and Hindus. Instead, the first act of the new Pakistan Government in the weeks after August 14, 1947 was to arrange for the speedy and safe transfer of the North Indian Muslim elite by air from Delhi using chartered British aeroplanes. The ordinary Muslim masses of UP, Delhi and East Punjab were left in danger from or were subjected to Sikh and Hindu mob attacks, especially as news and rumours spread of similar outrages against Pakistan’s departing minorities.

In this spiral of revenge attacks and counter-attacks, bloodshed inevitably spilled over from West and East Punjab into the northern Punjabi plains of Jammu, though Kashmir Valley remained conspicuously peaceful. Zafrullah and Liaquat would later claim it was this communal civil war which had caused thousands of newly decommissioned Mirpuri soldiers of the British Army, and thousands of Afridi and other Frontier tribesmen, to spontaneously act to “liberate” J&K’s Muslims from alleged tyranny under the Hindu Ruler or an allegedly illegal Indian occupation.

But the main attack on J&K State that began from Pakistan along the Manshera-Muzaffarabad road on October 22, 1947 was admittedly far too well-organised, well-armed, well-planned and well-executed to have been merely a spontaneous uprising of tribesmen and former soldiers. In all but name, it was an act of undeclared war of the new Dominion of Pakistan first upon the State of J&K and then upon the Indian Dominion. This became obvious to Field Marshall Auchinlek, who, as Supreme Commander of the armed forces of both India and Pakistan, promptly resigned and abolished the Supreme Command in face of the fact that two parts of his own forces were now at war with one another.

The invaders failed to take Srinagar solely because they lost their military purpose while indulging in the Rape of Baramula. Thousands of Kashmiri women of all communities ~ Muslim, Sikh and Hindu ~ were violated and transported back to be sold in markets in Peshawar and elsewhere. Such was standard practice in Central Asian tribal wars from long before the advent of Islam, and the invading tribesmen shared that culture. India’s Army and Air Force along with the militias of the secular democratic movement led by Sheikh Abdullah and those remaining loyal units of J&K forces, fought off the invasion, and liberated Baramula, Naushera, Uri, Poonch etc. Gilgit had a British-led coup détat against it bringing it under Pakistan’s control. Kargil was initially taken by the Pakistanis and then lost by them. Leh could have been but was not taken by Pakistani forces. But in seeking to protect Leh and to retake Kargil, the Indian Army lost the siege of Skardu ~ which ended reputedly with the infamous communication from the Pakistani commander to his HQ: “All Sikhs killed; all women raped.”

Legal theory

Now, in this grave mortal conflict, the legal theory to which both the Indian and Pakistani Governments have been wedded for sixty years is one that had been endorsed by the British Cabinet Mission in 1946 and originated with the Butler Commission of 1929. Namely, that “Lapse of Paramountcy” over the “Indian India” of the “Native States” could and did occur with the extinction of British India on August 15, 1947. By this theory, Hyderabad, J&K, Junagadh and the several other States which had not acceded to either Dominion were no longer subject to the Crown’s suzerainty as of that date. Both Dominions drew up “Instruments of Accession” for Rulers to sign upon the supposed “Lapse” of Paramountcy that was to occur with the end of British India.

Ever since, the Pakistan Government has argued that Junagadh’s Ruler acceded to Pakistan and Hyderabad’s had wished to do so but both were forcibly prevented by India. Pakistan has also argued the accession to India by J&K’s Ruler was “fraudulent” and unacceptable, and Sheikh Abdullah was a “Quisling” of India and it was not his National Conference but the Muslim Conference of Ibrahim, Abbas and the Mirwaiz (precursor of the Hurriyat) which represented J&K’s Muslims.

India argued that Junagadh’s accession to Pakistan or Hyderabad’s independence were legal and practical impossibilities contradicting the wills of their peoples, and that their integration into the Indian Dominion was carried out in an entirely legitimate manner in the circumstances prevailing.

On J&K, India has argued that not only had the Ruler requested Indian forces to fight off the Pakistani attack, and he acceded formally before Indian forces were sent, but also that democratic principles were fully adhered to in the unequivocal endorsement of the accession by Sheikh Abdullah and the National Conference and further by a duly called and elected J&K Constituent Assembly, as well as generations of Kashmiris since. In the Indian view, it is Pakistan which has been in illegal occupation of Indian territory from Mirpur, Muzaffarabad and Gilgit to Skardu all the way to the Khunjerab Pass, Siachen Glacier and K2, some of which it illegally ceded to its Communist Chinese ally, and furthermore that it has denied the peoples of these areas any democratic voice.

Roman law

In June 1947, it was uniquely and brilliantly argued by BR Ambedkar in a statement to the Press that the British had made a catastrophic error in comprehending their own constitutional law, that no such thing as “Lapse” of Paramountcy existed, and that suzerainty over the “Native States” of “Indian India” would be automatically transferred in international law to the successor State of British India. It was a legal illusion to think any Native State could be sovereign even for a single logical moment. On this theory, if the Dominion of India was the sole successor State in international law while Pakistan was a new legal entity, then a Native State which acceded to Pakistan after August 15, 1947 would have had to do so with the consent of the suzerain power, namely, India, as may be said to have happened implicitly in case of Chitral and a few others. Equally, India’s behaviour in integrating (or annexing) Junagadh and Hyderabad, would become fully explicable ~ as would the statements of Mountbatten, Nehru and Patel before October 1947 that they would accept J&K going to Pakistan if that was what the Ruler and his people desired. Pakistan unilaterally and by surprise went to war against J&K on October 22, declared the accession to India “fraudulent”, and to this day has claimed the territory of the original State of J&K is “disputed”. Certainly, even if the Ambedkar doctrine is applied that no “Lapse” was possible under British law, Pakistan did not recognise India’s jurisdiction there as the suzerain power as of August 15, 1947. Altogether, Pakistan’s sovereign actions from October 22 onwards amounted to acting to annex J&K to itself by military force ~ acts which came to be militarily resisted (with partial success) by India allied with Sheikh Abdullah’s National Conference and the remaining forces of J&K. By these military actions, Pakistan revealed that it considered J&K territory to have descended into a legal state of anarchy as of October 22, 1947, and hence open to resolution by “Military Decision” ~ as is indeed the just outcome under Roman Law, the root of all municipal and international law today, when there is a contest between claimants over an ownerless entity.

Choice of nationality

Hence, the present author concluded (“Solving Kashmir”, The Statesman December 1-3, 2005) that the dismemberment of the original J&K State and annexation of its territories by India and Pakistan that has occurred since 1947, as represented first by the 1949 Ceasefire Line and then by the 1972 Line of Control, is indeed the just and lawful outcome prevailing in respect of the question of territorial sovereignty and jurisdiction. The remaining “democratic” question described has to do with free individual choice of nationality by the inhabitants, under conditions of full information and privacy, citizen-by-citizen, with the grant of permanent residency rights by the Indian Republic to persons under its jurisdiction in J&K who may choose not to remain Indian nationals but become Afghan, Iranian or Pakistani nationals instead. Pakistan has said frequently its sole concern has been the freedom of the Muslims of J&K under Indian rule, and any such genuine concern shall have been thereby fully met by India. Indeed, if Pakistan agreed to act similarly, this entire complex mortal problem of decades shall have begun to be peacefully resolved. Both countries are wracked by corruption, poverty and bad governance, and would be able to mutually draw down military forces pit against one another everywhere, so as to begin to repair the grave damage to their fiscal health caused by the deleterious draining away of vast public resources .

Pakistan’s Allies

PAKISTAN’S ALLIES

First published in two parts in The Sunday Statesman, June 4 2006, The Statesman June 5 2006, Editorial Page Special Article, www.thestatesman.net

by Subroto Roy

From the 1846 Treaty of Amritsar creating the State of Jammu & Kashmir until the collapse of the USSR in 1991, Britain and later the USA became increasingly interested in the subcontinent’s Northwest. The British came to India by sea to trade. Barren, splendid, landlocked Afghanistan held no interest except as a home of fierce tribes; but it was the source of invasions into the Indian plains and prompted a British misadventure to install Shah Shuja in place of Dost Mohammad Khan leading to ignominious defeat. Later, Afghanistan was seen as the underbelly of the Russian and Soviet empires, and hence a location of interest to British and American strategic causes.

In November 1954, US President Dwight Eisenhower authorized 30 U-2 spy aircraft to be produced for deployment against America’s perceived enemies, especially to investigate Soviet nuclear missiles which could reach the USA. Reconnaissance balloons had been unsuccessful, and numerous Western pilots had been shot down taking photographs from ordinary military aircraft. By June 1956, U-2 were making clandestine flights over the USSR and China. But on May 1 1960, one was shot or forced down over Sverdlovsk, 1,000 miles within Soviet territory. The Americans prevaricated that it had taken off from Turkey on a weather-mission, and been lost due to oxygen problems. Nikita Kruschev then produced the pilot, Francis Gary Powers, who was convicted of spying, though was exchanged later for a Soviet spy. Powers had been headed towards Norway, his task to photograph Soviet missiles from 70,000 ft, his point of origin had been an American base 20 miles from Peshawar.

America needed clandestine “forward bases” from which to fly U-2 aircraft, and Pakistan’s ingratiating military and diplomatic establishment was more than willing to offer such cooperation, fervently wishing to be seen as a “frontline state” against the USSR. “We will help you defeat the USSR and we are hopeful you will help us defeat India” became their constant refrain. By 1986, the Americans had been permitted to build air-bases in Balochistan and also use Mauripur air-base near Karachi.

Jammu & Kashmir and especially Gilgit-Baltistan adjoins the Pashtun regions whose capital has been Peshawar. In August-November 1947, a British coup d’etat against J&K State secured Gilgit-Baltistan for the new British Dominion of Pakistan.

The Treaty of Amritsar had nowhere required Gulab Singh’s dynasty to accept British political control in J&K as came to be exercised by British “Residents” in all other Indian “Native States”. Despite this, Delhi throughout the late 19th Century relentlessly pressed Gulab Singh’s successors Ranbir Singh and Partab Singh to accept political control. The Dogras acquiesced eventually. Delhi’s desire for control had less to do with the welfare of J&K’s people than with protection of increasing British interests in the area, like European migration to Srinagar Valley and guarding against Russian or German moves in Afghanistan. “Sargin” or “Sargin Gilit”, later corrupted by the Sikhs and Dogras into “Gilgit”, had an ancient people who spoke an archaic Dardic language “intermediate between the Iranian and the Sanskritic”. “The Dards were located by Ptolemy with surprising accuracy on the West of the Upper Indus, beyond the headwaters of the Swat River (Greek: Soastus) and north of the Gandarae (i.e. Kandahar), who occupied Peshawar and the country north of it. This region was traversed by two Chinese pilgrims, Fa-Hsien, coming from the north about AD 400 and Hsuan Tsiang, ascending from Swat in AD 629, and both left records of their journeys.”

Gilgit had been historically ruled by a Hindu dynasty called Trakane; when they became extinct, Gilgit Valley “was desolated by successive invasions of neighbouring rulers, and in the 20 or 30 years ending with 1842 there had been five dynastic revolutions. The Sikhs entered Gilgit about 1842 and kept a garrison there.” When J&K came under Gulab Singh, “the Gilgit claims were transferred with it, and a boundary commission was sent” by the British. In 1852 the Dogras were driven out with 2,000 dead. In 1860 under Ranbir Singh, the Dogras “returned to Gilgit and took Yasin twice, but did not hold it. They also in 1866 invaded Darel, one of the most secluded Dard states, to the south of the Gilgit basin but withdrew again.”

The British appointed a Political Agent in Gilgit in 1877 but he was withdrawn in 1881. “In 1889, in order to guard against the advance of Russia, the British Government, acting as the suzerain power of Kashmir, established the Gilgit Agency”. The Agency was re-established under control of the British Resident in Jammu & Kashmir. “It comprised the Gilgit Wazarat; the State of Hunza and Nagar; the Punial Jagir; the Governorships of Yasin, Kuh-Ghizr and Ishkoman, and Chilas”. In 1935, the British demanded J&K lease to them for 60 years Gilgit town plus most of the Gilgit Agency and the hill-states Hunza, Nagar, Yasin and Ishkuman. Hari Singh had no choice but to acquiesce. The leased region was then treated as part of British India, administered by a Political Agent at Gilgit responsible to Delhi, first through the Resident in J& K and later a British Agent in Peshawar. J& K State no longer kept troops in Gilgit and a mercenary force, the Gilgit Scouts, was recruited with British officers and paid for by Delhi. In April 1947, Delhi decided to formally retrocede the leased areas to Hari Singh’s J& K State as of 15 August 1947. The transfer was to formally take place on 1 August.

On 31 July, Hari Singh’s Governor arrived to find “all the officers of the British Government had opted for service in Pakistan”. The Gilgit Scouts’ commander, a Major William Brown aged 25, and his adjutant, a Captain Mathieson, planned openly to engineer a coup détat against Hari Singh’s Government. Between August and October, Gilgit was in uneasy calm. At midnight on 31 October 1947, the Governor was surrounded by the Scouts and the next day he was “arrested” and a provisional government declared.

Hari Singh’s nearest forces were at Bunji, 34 miles from Gilgit, a few miles downstream from where the Indus is joined by Gilgit River. The 6th J& K Infantry Battalion there was a mixed Sikh-Muslim unit, typical of the State’s Army, commanded by a Lt Col. Majid Khan. Bunji controlled the road to Srinagar. Further upstream was Skardu, capital of Baltistan, part of Laddakh District where there was a small garrison. Following Brown’s coup in Gilgit, Muslim soldiers of the 6th Infantry massacred their Sikh brothers-at-arms at Bunji. The few Sikhs who survived escaped to the hills and from there found their way to the garrison at Skardu.

On 4 November 1947, Brown raised the new Pakistani flag in the Scouts’ lines, and by the third week of November a Political Agent from Pakistan had established himself at Gilgit. Brown had engineered Gilgit and its adjoining states to first secede from J&K, and, after some talk of being independent, had promptly acceded to Pakistan. His commander in Peshawar, a Col. Bacon, as well as Col. Iskander Mirza, Defence Secretary in the new Pakistan and later to lead the first military coup détat and become President of Pakistan, were pleased enough. In July 1948, Brown was awarded an MBE (Military) and the British Governor of the NWFP got him a civilian job with ICI~ which however sent him to Calcutta, where he came to be attacked and left for dead on the streets by Sikhs avenging the Bunji massacre. Brown survived, returned to England, started a riding school, and died in 1984. In March 1994, Pakistan awarded his widow the Sitara-I-Pakistan in recognition of his coup détat.

Gilgit’s ordinary people had not participated in Brown’s coup which carried their fortunes into the new Pakistan, and to this day appear to remain without legislative representation. It was merely assumed that since they were mostly Muslim in number they would wish to be part of Pakistan ~ which also became Liaquat Ali Khan’s assumption about J&K State as a whole in his 1950 statements in North America. What the Gilgit case demonstrates is that J&K State’s descent into a legal condition of ownerless anarchy open to “Military Decision” had begun even before the Pakistani invasion of 22 October 1947 (viz. “Solving Kashmir”, The Statesman, 1-3 December 2005). Also, whatever else the British said or did with respect to J & K, they were closely allied to the new Pakistan on the matter of Gilgit.

The peak of Pakistan’s Anglo-American alliance came with the enormous support in the 1980s to guerrilla forces created and headquartered in Peshawar, to battle the USSR and Afghan communists directly across the Durand Line. It was this guerrilla war which became a proximate cause of the collapse of the USSR as a political entity in 1991. President Ronald Reagan’s CIA chief William J. Casey sent vast sums in 1985-1988 to supply and train these guerrillas. The Washington Post and New Yorker reported the CIA training guerrillas “in the use of mortars, rocket grenades, ground-to-air missiles”. 200 hand-held Stinger missiles were supplied for the first time in 1986 and the New Yorker reported Gulbudin Hikmatyar’s “Hizbe Islami” guerrillas being trained to bring down Soviet aircraft. “Mujahideen had been promised two Stingers for every Soviet aircraft brought down. Operators who failed to aim correctly were given additional training… By 1986, the United States was so deeply involved in the Afghan war that Soviet aircraft were being brought down under the supervision of American experts”. (Raja Anwar, The Tragedy of Afghanistan, 1988, p. 234).

The budding US-China détente brokered by Pakistan came into full bloom here. NBC News on 7 January 1980 said “for the first time in history (a senior State Department official) publicly admitted the possibility of concluding a military alliance between the United States and China”. London’s Daily Telegraph reported on 5 January 1980 “China is flying large supplies of arms and ammunition to the insurgents in Afghanistan. According to diplomatic reports, supplies have arrived in Pakistan from China via the Karakoram Highway…. A major build-up of Chinese involvement is underway ~ in the past few days. Scores of Chinese instructors have arrived at the Shola-e-Javed camps.”

Afghan reports in 1983-1985 said “there were eight training camps near the Afghan border operated by the Chinese in Sinkiang province” and that China had supplied the guerrillas “with a variety of weapons including 40,000 RPG-7 and 20,000 RPG-II anti tank rocket launchers.” Like Pakistan, “China did not publicly admit its involvement in the Afghan conflict: in 1985 the Chinese Mission at the UN distributed a letter denying that China was extending any kind of help to the Afghan rebels” (Anwar, ibid. p. 234). Support extended deep and wide across the Arab world. “The Saudi and Gulf rulers … became the financial patrons of the Afghan rebels from the very start of the conflict”. Anwar Sadat, having won the Nobel Peace Prize, was “keen to claim credit for his role in Afghanistan…. by joining the Afghanistan jihad, Sadat could re-establish his Islamic credentials, or so he believed. He could thus not only please the Muslim nations but also place the USA and Israel in his debt.” Sadat’s Defence Minister said in January 1980: “Army camps have been opened for the training of Afghan rebels; they are being supplied with weapons from Egypt” and Sadat told NBC News on 22 September 1981 “that for the last twenty-one months, the USA had been buying arms from Egypt for the Afghan rebels. He said he had been approached by the USA in December 1979 and he had decided to `open my stores’. He further disclosed that these arms were being flown to Pakistan from Egypt by American aircraft. Egypt had vast supplies of SAM-7 and RPG-7 anti-aircraft and anti-tank weapons which Sadat agreed to supply to Afghanistan in exchange for new American arms. The Soviet weapons, being light, were ideally suited to guerrilla warfare. … the Mujahideen could easily claim to have captured them from Soviet and Afghan troops in battle.… Khomeini’s Iran got embroiled in war (against Iraq) otherwise Kabul would also have had to contend with the full might of the Islamic revolutionaries.” (Anwar ibid. p. 235).

Afghanistan had been occupied on 26-27 December 1979 by Soviet forces sent by the decrepit Leonid Brezhnev and Yuri Andropov to carry out a putsch replacing one communist, Hafizullah Amin, with a rival communist and Soviet protégé, Babrak Karmal. By 1985 Brezhnev and Andropov were dead and Mikhail Sergeyevich Gorbachev had begun his attempts to reform the Soviet system, usher in openness, end the Cold War and in particular withdraw from Afghanistan, which by 1986 he had termed “a bleeding wound”. Gorbachev replaced Karmal with a new protégé Najibullah Khan, who was assigned the impossible task of bringing about national reconciliation with the Pakistan-based guerrillas and form a national government. Soviet forces withdrew from Afghanistan in February 1989 having lost 14,500 dead, while more than a million Afghans had been killed since the invasion a decade earlier.

Not long after Russia’s Bolshevik Revolution, Gregory Zinoviev had said that international communism “turns today to the peoples of the East and says to them, `Brothers, we summon you to a Holy War first of all against British imperialism!’ At this there were cries of Jehad! Jehad! And much brandishing of picturesque Oriental weapons.” (Treadgold, Twentieth Century Russia, 1990, p. 213). Now instead, the Afghan misadventure had contributed to the collapse of the Soviet Empire itself, the USSR ceasing to be a political entity by 1991, and even Gorbachev being displaced by Boris Yeltsin and later Vladimir Putin in a new Russia.

What resulted for the people of the USA and Britain and the West in general was that they no longer had to live under threat of hostile Soviet tanks and missiles, while the people of Russia, Ukraine and the other erstwhile Soviet republics as well as Eastern Europe were able to throw off the yoke of communism that had oppressed them since the Bolshevik Revolution and instead to breathe the air of freedom.

What happened to the people of Afghanistan, however, was that they were plunged into further ghastly civil war for more than ten years. And what happened to the people of Pakistan was that their country was left resembling a gigantic Islamist military camp, awash with airfields, arms, ammunition and trained guerrillas, as well as a military establishment enlivened as always by perpetual hope that these supplies, provisions and personnel of war might find alternative use in attacks against India over J& K. “We helped you when you wished to see the Soviet Union defeated and withdrawing in Afghanistan”, Pakistan’s generals and diplomats pleaded with the Americans and British, “now you must help us in our wish to see India defeated and withdrawing in Kashmir”. Pakistan’s leaders even believed that just as the Soviet Union had disintegrated afterwards, the Indian Union perhaps might be made to do the same. Not only were the two cases as different as chalk from cheese, Palmerstone’s dictum there are no permanent allies in the politics of nations could not have found more apt use than in what actually came to take place next.

Pakistan’s generals and diplomats felt betrayed by the loss of Anglo-American paternalism towards them after 1989.

Modern Pakistanis had never felt they subscribed to the Indian nationalist movement culminating in independence in August 1947. The Pakistani state now finally declared its independence in the world by exploding bombs in a nuclear arsenal secretly created with help purchased from China and North Korea. Pakistan’s leaders thus came to feel in some control of Pakistan’s destiny as a nation-state for the first time, more than fifty years after Pakistan’s formal creation in 1947. If nothing else, at least they had the Bomb.

Secondly, America and its allies would not be safe for long since the civil war they had left behind in Afghanistan while trying to defeat the USSR now became a brew from which arose a new threat of violent Islamism. Osama bin Laden and the Taliban, whom Pakistan’s military and the USA had promoted, now encouraged unprecedented attacks on the American mainland on September 11 2001 ~ causing physical and psychological damage which no Soviet, Chinese or Cuban missiles ever had been allowed to do. In response, America attacked and removed the Taliban regime in Afghanistan, once again receiving the cooperative use of Pakistani manpower and real estate ~ except now there was no longer any truck with the Pakistani establishment’s wish for a quid pro quo of Anglo-American support against India on J&K. Pakistan’s generals and diplomats soon realised their Anglo-American alliance of more than a half-century ended on September 11 2001. Their new cooperation was in killing or arresting and handing over fellow-Muslims and necessarily lacked their earlier feelings of subservience and ingratiation towards the Americans and British, and came to be done instead under at least some duress. No benefit could be reaped any more in the fight against India over Jammu & Kashmir. An era had ended in the subcontinent.

(Of related interest here: “Understanding Pakistan”, “Solving Kashmir”, “Law, Justice & J&K”, “History of J&K”, “What to Tell Musharraf”, “Saving Pakistan”, “Pakistan’s Kashmir Obsession”, “Two Cheers for Pakistan!” , “The Greatest Pashtun” .)

Addendum to *Modern World History, 2006*

From Facebook:

Subroto Roy adds to his 2006 essay *Modern World History* as follows:

“Throughout the 19th Century and spilling into the 20th, from the rise of Napoleon to the start of WWI, first France and then Britain were in rapid ascendancy in the world – only to decline (into near nothingness in case of France) in WWII before recovering to return to the rank of respectable powers in the second half of the 20thC. The 20th C saw rise of Germany, Japan, Communist Russia & the USA to world supremacy; Germany and Japan then vanquished themselves into near nothingness by wars they created, and Russia too, perhaps less so, by the (Leninist-Stalinist) ideology it had adopted as a cost of progress; the victor in each case was the USA and its allies Britain and France. At the close of the 20th C, the USA was unquestionably predominant in the world – only to receive a sudden and near-blinding blow in the eye by way of the 9/11 attacks from which it has taken a decade to recover. China, India and the Muslim world remain, in the main, defensive powers, not seeking foreign dominions themselves so much as seeking to prevent further foreign domination as they have suffered in the past – in this China, both Communist and Non-Communist, may be more successful than the others. Israel and Iran are indeed the new kids on the block and their unruly conflict does indeed portend the gravest risk to world tranquility in the 21st Century. Martin Buber’s statement suggesting Israel should seek to be an Asian and not a European power “pursuing the settlement effort in Palestine in agreement, nay, alliance with the peoples of the East, so as to erect with them together a great federative structure, which might learn and receive from the West whatever positive aims and means might be learnt and received from it, without, however, succumbing to the influence of its inner disarray and aimlessness”, holds an important key.

Modern World History

MODERN WORLD HISTORY

by Subroto Roy

First published in

The Sunday Statesman, Editorial Page Special Article May 7 2006, www.thestatesman.net

MUCH as we in India might like to think we were the central focus of Britain’s national life in the 19th and 20th Centuries, we were not. India’s matters were handled mostly by a senior cabinet minister to whom the governor-general or viceroy reported. Though possession and control of India gave the British a sense of mission, self-importance and grandeur, and events in India (mostly bad ones) could hog the newspapers for a few days, it was never the case that India dominated Britain’s political consciousness or national agenda for any length of time. British prime ministers and diplomatists, from Pitt through Canning, Palmerston, Peel, Gladstone, Granville, Disraeli and Salisbury, mostly had other concerns of foreign policy, mostly in Europe and also in the Americas, Africa, and the Near and Far East. India was peripheral to their vision except as a place to be held against any encroachment.

A French historian used to begin lectures on British history saying “Messieurs, l’Angleterre est une ile.” (“Gentlemen, Britain is an island.”) The period of unambiguous British dominance of world diplomacy began with Pitt’s response to the French Revolution, and unambiguously ended in 1917 when Britain and France could have lost the war to Germany if America had not intervened. Since then, America has taken over Britain’s role in world diplomacy, though Lloyd George and Churchill, to a smaller extent Harold Wilson, and finally Thatcher, were respected British voices in world circles. Thatcher’s successor Major failed by seeming immature, while his successor Blair has failed by being immature to the point of being branded America’s “poodle”, making Britain’s loss of prestige complete.

Between Pitt and Flanders though, Britain’s dominance of world affairs and the process of defining the parameters of international conduct was clear. It was an era in which nations fought using ships, cannon, cavalry and infantry. The machine-gun, airpower and  automobile had been hardly invented. Yet it is amazing how many technological inventions and innovations occurred during that era, many in Britain and the new America, vastly improving the welfare of masses of people: the steam-engine, the cotton gin, railways, electricity, telecommunications, systems of public hygiene etc. The age of American dominance has been one of petroleum, airpower, guided missiles and nuclear energy, as well as of penicillin and modern medicine.

It was during the period 1791-1991, between the French Revolution and the collapse of the Union of Soviet Socialist Republics, that world diplomacy created the system of “Western” nation-states, from Canning’s recognition of Mexico, Brazil, Argentina, Colombia etc to the emergence of the European Union. There is today peace in Europe and it has become unthinkable there will be war between e.g. France and Germany except on a soccer pitch. Even the unstable Balkans have stabilised. The transition from British to American dominance occurred during and because of the 1914-1918 World War, yet that war’s causes had nothing to do with America and hence America’s rise has been somewhat fortuitous. The War superficially had to do with those unstable Balkans in the summer of 1914 and the system of alliances developed over the previous 100 years; beneath was the economic rise of the new Germany.

Austro-Hungary went to war against Serbia, causing Germany its ally into war with Russia, Serbia’s ally. Belgium’s neutrality was guaranteed through British diplomacy by the Treaty of London in 1839 signed by Austria, France, Britain, Russia and Prussia. This “scrap of paper” Germany tore up to invade Belgium on 4 August 1914, because it was easier to attack France through Belgium than directly as most French generals had expected. Though Germany had no dispute with France, France was Russia’s ally, and the Germans had long-feared fighting on two fronts against larger but more slowly mobilising forces. Violation of Belgian neutrality caused Britain into war with Germany. So all Europe was at war from which it would fail to extricate itself without American intervention. This arrived in 1917 though it too had been provoked by German submarines sinking American ships in the Atlantic. The actual impact of American forces entering the battlefields was small, and it was after the Armistice, when the issue arose of reparations by Germany to everyone and repayments by Britain and France to America, that America’s role became dominant. New York took over from London as the world’s financial capital.

Woodrow Wilson longed to impose a system of transparent international relations on the Europeans who had been used to secret deals and intrigues. He failed, especially when America’s Senate vetoed America’s own entry into the League of Nations. America became isolationist, wishing to have nothing more to do with European wars ~ and remains to this day indifferent towards the League’s successor. But the War also saw Lenin’s Bolsheviks grab power after Russia extricated itself from fighting Germany by the peace of Brest-Litovsk. And the Armistice saw the French desire to humiliate and destroy German power for ever, which in turn sowed the seeds for Hitler’s rise. And the War also had led to the British making the Balfour Declaration that a Jewish “National Home” would arise in Palestine in amity and cooperation with the Arabs. The evolution of these three events dominated the remainder of the 20th Century ~along with the rise and defeat of an imperialist Japan, the rise of communist China, and later, the defeat of both France and America in Vietnam.

Hitler invaded Poland on 1 September 1939, and Britain and France declared war on Germany on 3 September. The next day in faraway India, the British in a panic started to place Jinnah on an equal footing as Gandhi ~ astounding Jinnah himself as much as anyone since his few supporters had lost the 1937 elections badly, especially in the provinces that today constitute the country he wished for. After the defeat and occupation of Germany and Japan, America’s economic supremacy was unquestionable. Utterly exhausted from war, the British had no choice but to leave India’s angry peoples to their own fates, and retreated to their fortified island again ~ though as brown and black immigration increased with the end of Empire, many pale-skinned natives boarded ships for Canada, Australia and New Zealand.  America came to have much respect for its junior British ally during the fight against Hitler and later in the political battle against the USSR. It was Thatcher who (after battling Argentina in the South Atlantic) led Reagan to make peace with Gorbachov. With the end of Soviet communism, Germany would be unified again. All across Christendom there was peace for the first time ever, and a militarily powerful nuclear-armed Israel had been created too in the old Palestine. In this new period of world history, the Security Council’s permanent members are the modern version of the “Great Powers” of the 19th Century. The American-led and British-supported destruction of Baathist Iraq, and threatened destruction of Khomeinist Iran mark the final end of the League of Nations’ ethos which had arisen from the condemnation of aggression. In Osama bin Laden’s quaint idiom, there seems a battle of “Crusaders” and “Zionists” against Muslim believers. Certainly Muslim believers (which means most Muslims as there are relatively few agnostics and atheists among them) think that it is obvious that the Universe was created, and that its Creator finally and definitively spoke through one human being in 7th Century Arabia. Many people from North Africa to the Philippines are not often able to conceive how things might have been otherwise. The new era of history will undoubtedly see all kinds of conversations take place about this rather subtle question.

Iran’s Nationalism

IRAN’S NATIONALISM

Is America close to breaking its pledged word?

First published in The Statesman Editorial Page, 6 April 2006

by

Subroto Roy

Ayatollah Khomeini was the Ho Chi Minh of Iran. Ho was both a communist and a Vietnamese nationalist, but America’s Presidents from Eisenhower to Nixon failed to see the latter. Khomeini was both a devout Shia Muslim and an Iranian nationalist yet America’s Presidents from Carter to W. Bush refused to see his Revolution being as much about Iranian nationalism as about creating an Islamic Republic. As a general rule, Western countries allow for nationalism among other Western countries but not among non-Western countries. Immanuel Kant’s dictum of treating everyone as an end in himself/herself and not as a means towards one’s own ends, is applied in intra-Western international relations but often not when the West deals with others. But Indians did not have to be communists to sympathise with Vietnam’s struggle against first France and then America, and Indians do not have to be Shia Muslims to sympathise with Iran’s struggle against an impending Anglo-American aggression. The opaque Manmohan- Montek deal-making with America on behalf of India’s people may need to be set aside in such a context — while it might benefit several dozen businesses on both sides and several hundred bureaucrats may become even fatter with bribes, it may have next to nothing to do with any dimension of India’s national interests.

US pledge 1981, policy 2006

On January 19 1981, the Government of the United States signed what came to be called the Algiers Accord, the first point of which stated: “Non-Intervention in Iranian Affairs: The United States pledges that it is and from now on will be the policy of the United States not to intervene, directly or indirectly, politically or militarily, in Iran’s internal affairs.” This was part of a comprehensive truce between Khomeini’s Iran and the USA in regard to the war-like conditions then prevailing between them. That pledge now seems about to be broken. British newspapers reported on April 2 2006 that the Blair Government is holding “secret talks” with its own Chief of Defence Staff, Chief of Defence Intelligence and others to discuss “an American-led attack, designed to destroy Iran’s ability to develop a nuclear bomb… if Tehran’s leaders fail to comply with United Nations demands to freeze their uranium enrichment programme.” This is despite the British foreign minister saying last month “that a military attack against Iran was ‘inconceivable’”. America’s “National Security Strategy” dated March 16 2006 states the policy clearly: “We may face no greater challenge from a single country than from Iran. For almost 20 years, the Iranian regime hid many of its key nuclear efforts from the international community. Yet the regime continues to claim that it does not seek to develop nuclear weapons. The Iranian regime’s true intentions are clearly revealed by the regime’s refusal to negotiate in good faith; its refusal to come into compliance with its international obligations by providing the IAEA access to nuclear sites and resolving troubling questions; and the aggressive statements of its President calling for Israel to ‘be wiped off the face of the earth’. The United States has joined with our EU partners and Russia to pressure Iran to meet its international obligations and provide objective guarantees that its nuclear program is only for peaceful purposes. This diplomatic effort must succeed if confrontation is to be avoided. As important as are these nuclear issues, the United States has broader concerns regarding Iran. The Iranian regime sponsors terrorism; threatens Israel; seeks to thwart Middle East peace; disrupts democracy in Iraq; and denies the aspirations of its people for freedom. The nuclear issue and our other concerns can ultimately be resolved only if the Iranian regime makes the strategic decision to change these policies, open up its political system, and afford freedom to its people. This is the ultimate goal of U.S. policy. In the interim, we will continue to take all necessary measures to protect our national and economic security against the adverse effects of their bad conduct. The problems lie with the illicit behavior and dangerous ambition of the Iranian regime, not the legitimate aspirations and interests of the Iranian people. Our strategy is to block the threats posed by the regime while expanding our engagement and outreach to the people the regime is oppressing.“

Attack scenario

In one scenario, America will make a surprise cruise-missile attack on Iranian buildings “suspected” of producing biological weapons. If the Iranians respond in any way other than total submission, it will be sufficient to launch a major bombing of Iran’s military facilities using B-2 bombers based in Diego Garcia, England and other American bases, possibly using nuclear “earth penetrating” weapons to attack underground facilities. Of course it is not impossible the British and Americans are merely setting up a bluff to scare the Iranians into complying without a fight, but the existence of aggressive war plans and preparations cannot be doubted.

Now it is possible the Americans will say they are not bound by the pledge made in the Algiers Accord in January 1981 to not intervene in Iran’s affairs. In breach of all diplomatic law, 66 Americans had been taken captive by Iranians seizing the American Embassy on November 4 1979. Six others escaped with the help of the Canadian and Swedish embassies. Of the 66, 13 women and black Americans were released two weeks later; one man was released due to ill-health in July 1980. The remaining 52 including two women and one black American were released on January 20 1981 by the terms of the Algiers Accord just before Ronald Reagan took over as President of the United States. Eight American military personnel were killed on April 25 1980 in a failed attempt to rescue them. The official designations of the 52 (who had been held captive for 444 days) included 10 military attachés; 6 “communications and electronics specialists”; 8 political and administrative officers, and 12 diplomatic/consular staff. In addition there were 12 guards and 4 others. Even if the US Embassy in Tehran was a den of spies as the Iranians claimed, the Revolutionary Government could have ordered them all to leave and to have ended diplomatic relations in accordance with international law. What explained Iranians’ anger for them to have violated international law so brazenly? That was the age before terrorism, and nor was Iran a player in the conflict between Israel and the Arabs.

Iran’s anger stemmed from having felt being used by Britain, America and Soviet Russia for half a century before the 1979 Khomeini Revolution – from having been merely means towards their ends in violation of the Kantian dictum. It was almost as if Britain and America had said to Iran and the entire Middle East, “We invented the internal combustion engine and the automobile which uses it, and we also discovered the petroleum that runs it; the mere fact you happen to sit on this petroleum does not make you own it; we own it too and we will take it by force whenever necessary.” During the Cold War, the USSR followed suit, and now after the Cold War has ended, the new Russia is a Western ally in the same kind of attempted domination over non-Western countries like Iran (or Pakistan and India, who get sold a lot of useless weapons to fight each other with).

Mossadeq the democrat

Specifically, if the January 1981 Algiers Accord was signed by the USA under duress, the Iranians could say that Iran had been cheated into signing the 25 year agreement of September 1954 with an international oil consortium led by the Anglo-Iranian Oil Company. Iran would receive 50% profit on all Iranian oil exported, after paying the AIOC ₤25 million in compensation for having nationalised it in 1951 under the democratic government of Mohammad Mossadeq which had broken off diplomatic relations with Britain. Mossadeq was overthrown by an Anglo-American coup détat in August 1953, and replaced by the compliant General Fazlollah Zahedi and Shah Mohammad Reza Pahlavi. Arthur Millspaugh, an American invited by the Iranians to help their public finances, once wrote: “Persia cannot be left to herself, even if the Russians were to keep their hands off politically. …Persia has never yet proved its capacity for independent self-government.” Millspaugh’s 1925 book titled America’s Task in Persia seems to have remained the handbook of Western policy towards Iran. Khomeini’s Revolution was its antithesis.

Logic of Democracy

LOGIC OF DEMOCRACY
By SUBROTO ROY

First published in The Statesman, Editorial Page Special Article, March 30 2006, www.thestatesman.net

Parliament may unanimously vote for a bill on the “Office of Profit” issue but this will have to be consistent with the spirit and letter of the Constitution and with natural law if it is not to be struck down by the Supreme Court. It is thus important to get the logic right.

India is a representative and not a direct democracy. We the people constitute the Electorate who send our representatives periodically to legislative institutions at national, state and local levels. These representatives, namely, Lok Sabha and Legislative Assembly Members and municipal councilors, have a paid job to do on behalf of all their constituents, not merely those who voted for them. They are supposed to represent everyone including those who voted against them or did not vote at all.

In view of this, if the question is asked: “Was India’s interest served by Sonia Gandhi peremptorily resigning as the Lok Sabha Member from Rae Bareli and then immediately declaring she will fight a fresh election from there?”, the answer must be of course that it was not. Mrs Gandhi had been elected after an expensive process of voting and she had a duty to continue to represent all of Rae Bareli’s people (not just her party-supporters) for the duration of the 14th Lok Sabha. Instead she has given the impression that Rae Bareili is her personal fiefdom from where she must prove again how popular she is as its Maharani.

What needed to be done instead was to abolish the so-called “National Advisory Council” which, like the “Planning Commission” is yet another expensive extra-constitutional body populated by delusional self-styled New Delhi worthies. The NAC has been functioning as Mrs Gandhi’s personal Planning Commission, and she lacked the courage to scrap it altogether — just as Manmohan Singh lacks the courage to tell Montek Ahluwalia to close down the Planning Commission (and make it a minor R&D wing of the Ministry of Finance).

Lok Sabha’s duties
What are Lok Sabha Members and State MLAs legitimately required to be doing in caring for their constituents? First of all, as a body as a whole, they need to elect the Government, i.e. the Executive Branch, and to hold it accountable in Parliament or Assembly. For example, the Comptroller and Auditor General submits his reports directly to the House, and it is the duty of individual legislators to put these to good use in controlling the Government’s waste, fraud or abuse of public resources.

Secondly, MPs and MLAs are obviously supposed to literally represent their individual constituencies in the House, i.e. to bring the Government and the House’s attention to specific problems or contingencies affecting their constituents as a whole, and call for the help, funds and sympathy of the whole community on their behalf.

Thirdly, MPs and MLAs are supposed to respond to pleas and petitions of individual constituents, who may need the influence associated with the dignity of their office to get things rightly done. For example, an impoverished orphan lad once needed surgery to remove a brain tumour; a family helping him was promised the free services of a top brain surgeon if a hospital bed and operating theatre could be arranged. It was only by turning to the local MLA that the family were able to get such arrangements made, and the lad had his tumour taken out at a public hospital. MPs and MLAs are supposed to vote for and create public goods and services, and to use their moral suasion to see that existing public services actually do get to reach the public.

Rajya Sabha different species
Rajya Sabha Members are a different species altogether. Most if not all State Legislative Councils have been abolished, and sadly the present nature of the Rajya Sabha causes similar doubts to arise about its utility. The very idea of a Rajya Sabha was first mooted in embryo form in an 1888 book A History of the Native States of India, Vol I. Gwalior, whose author also advocated popular constitutions for the “Indian India” of the “Native States” since “where there are no popular constitutions, the personal character of the ruler becomes a most important factor in the government… evils are inherent in every government where autocracy is not tempered by a free constitution.”

When Victoria was declared India’s “Empress” in 1877, a “Council of the Empire” was mooted but had remained a non-starter even until the 1887 Jubilee. An “Imperial Council” was now designed of the so-called “Native Princes”, which came to evolve into the “Chamber of Princes” which became the “Council of the States” and the Rajya Sabha.

It was patterned mostly on the British and not the American upper house except in being not liable to dissolution, and compelling periodic retirement of a third of members. The American upper house is an equal if not the senior partner of the lower house. Our Rajya Sabha follows the British upper house in being a chamber which is duty-bound to oversee any exuberance in the Lok Sabha but which must ultimately yield to it if there is any dispute.

Parliament in India’s democracy effectively means the Lok Sabha — where every member has contested and won a direct vote in his/her constituency. The British upper house used to have an aristocratic hereditary component which Tony Blair’s New Labour Government has now removed, so it has now been becoming more like what the Rajya Sabha was supposed to have been like.

The corruption of our body-politic originated with the politicisation of the bureaucracy thirty five years ago by Indira Gandhi and PN Haksar. The Rajya Sabha came to be ruined with the “courtier culture” and “durbar politics” that resulted. This bad model which the Congress Party created and followed was imitated by the Congress’s political opponents too. Our Rajya Sabha has now tended to become a place for party worthies who have lost normal elections, superannuated cinematic personalities, perpetual bureaucrats still seeking office, and similar others. The healthiest course of action for Indian democracy may be to close it down completely for a few years, then recreate it ab initio based on its original purposes and intent (but this may not be constitutionally possible to do).

Holding Executive accountable
It is a forgotten platitude that in a representative democracy what elected legislators are supposed to be doing is represent the interests of the Electorate. Along with the Judiciary, the Legislative Branch is supposed to control the Executive Government, which is the natural oppressor of the Electorate. That is why the Legislature must be independent of the Executive — which is the precise intent behind Article 102 (a) of the Constitution of India: “A person shall be disqualified for being chosen as, and for being, a member of either House of Parliament… if he holds any office of profit under the Government of India or the Government of any State…”

In other words, if you are a Lok Sabha MP or State MLA who is supposed to be a part of the august House which has elected the Executive Government and by whom that Government is supposed to be held accountable, then it is a clear conflict of interest if you are yourself in the pay of that Government. As a legislator, you are either in the Executive or you are not. If you are in the Executive, you are liable to be held accountable by the House. If you are not in the Executive, you are duty-bound as an ordinary Member of the House to hold the Executive accountable. The logic is ultimately as clear and simple as that.

It is inevitable that the delineation of the appropriate boundaries between Legislature and Executive will have to be pronounced upon by the Judiciary. The “Office of Profit” issue has opened an opportunity for a Constitution Bench of the Supreme Court to speak on the rights and duties of the Legislative and Executive Branches of Government. And no Constitution Bench has ever spoken unwisely.

Diplomatic Wisdom

DIPLOMATIC WISDOM
by Subroto Roy
Editorial page, The Statesman, January 31 2006

www.thestatesman.net

Indian diplomacy has, almost accidentally, shown some wisdom. The King of Saudi Arabia should have been long ago invited to be Chief Guest on Republic Day. His Majesty immediately reciprocated with the most gracious words possible: “I consider myself to be in my second homeland. The relationship between India and the Kingdom of Saudi Arabia is an historic one, we have been old friends and, God willing, this visit will renew these historic ties”. Indeed the King should be invited to make a full State visit in the near future travelling all over India, including Srinagar Valley ; where Khruschev and Bulganin went in 1955!

India has the second largest population of Muslim believers in the world after Indonesia, and it is only right the Keeper of the Holy Places of Islam should see for himself that India is indeed dar-ul-aman, not the dar-ul-harb that the propaganda of the Pakistanis and their terroristic protégés have made it out to be in Saudi and Gulf power circles.

Kalam and the King
The Vajpayee Government deserves a little credit for the present success, because it was they who caused the fact that His Majesty Faisal Ibn Abdullah Ibn Muhammad Al-Saud was hosted by an Indian rocket scientist born in a Muslim family in an impecunious fishing village of Tamil Nadu. The King and his princes would not have failed to feel the poignancy in that. India is also the second largest country of Shiá Islam after Iran, and Ayatollah Khatami was Chief Guest a few years ago when he was President of Iran. It has been argued in these columns (“Solving Kashmir”, The Statesman, December 1-3, 2005) that the solution to J&K requires Indian diplomacy with Iran and Afghanistan as well ; which, incidentally, will make the hollowness of Pakistan’s claims in J&K most obvious.

Now the President of the United States is due to visit India shortly. George W Bush is the third Republican President to come to India after Dwight D. Eisenhower and Richard Nixon. His predecessor Bill Clinton came as a single man at the end of his second term, on holiday from a rocky marriage, to dance with Rajasthani women and indulge his love of Indian food. Before Clinton in 2000, the last American President to visit was Jimmy Carter in 1978, who gave a stirring speech to Parliament about democracy after Morarji Desai had defeated Indira Gandhi’s Emergency. George Bush, also in his second term, will come to India amid controversy.

“You’re a good man”, Bush condescendingly said to Manmohan Singh in Washington, half-remembering that morning’s intelligence briefing memo. Had our PM been more experienced of the world he could have replied equally loudly: “Thanks, you’re not so bad yourself. Let’s chop some wood next time”. It is almost definite there will be no agreement on the nuclear collaboration deal, and that the dispute erupting over Iran may have enlarged itself. Platitudes will be exchanged but the fact that the President has chosen to combine his visit to India with a visit to his buddies in the Pakistani Government will not go unnoticed in the MEA.

“Balance of power” has been the motif of Anglo-American foreign policy in Asia at least ever since the Arabs were induced to revolt against the Turks by Allenby and Lawrence, followed by pitting Iran and the Arabs against each other. The same goes for India and Pakistan. Also, our rather uncouth Communists have vowed to make their presence felt in street-protests and boycotts of Parliament when Bush comes.

FDR & Martin Luther King Jr
In this tense atmosphere, where the summit may actually falter rather badly on substance, Manmohan Singh will need to make some important symbolic gestures. Going to meet the Saudi King at the airport was an appropriate gesture. Clinton had expected the Indian PM to meet him too, and was visibly disappointed to land in the middle of the night only amidst the lights of the TV cameras. The Bushes should be met at the airport by our PM and his spouse. The President is our honoured guest and guests are to be treated like gods.

In the same vein, four boulevards across India’s largest cities deserve to be named after four American heroes: Franklin Delano Roosevelt, Martin Luther King Jr., Dwight D. Eisenhower and Abraham Lincoln. The first two were Democrats, the latter two Republicans.

Naming a boulevard in New Delhi after FDR would belatedly acknowledge his small, spontaneous yet critical and principled role in support of Indian independence that, shockingly, remains unrecognised in India. Britain could not expect American support against German and Japanese imperialism while expecting the Americans not to support Indian aspirations for national freedom. India’s own academic historians, mostly under influence of either Communist or RSS methodologies, have failed even to produce objective biographies of major national leaders, let aside candid accounts of British rule, the development of the Indian nation-state, the Transfer of Power or Partition.

The same intellectual sloppiness has extended to economics too, and underlies the gross misunderstanding of India’s monetary and fiscal histories as was outlined recently in these columns. It has required a young American scholar, Dinyar Patel, writing in an official American Government publication to outline Roosevelt’s role during India’s independence (Span, March 2005).

Where FDR helped India’s struggle for freedom, Martin Luther King Jr adopted India’s method to lead America’s blacks (“Negroes” and “coloureds” as they were then called) to freedom within their own country. MK Gandhi had corresponded with Tolstoy after beginning his campaign of passive resistance to unjust South African laws, and he read Henry Thoreau’s essay on civil disobedience when he was already in jail for that very same offence. Many years later, the young Alabama preacher put to use Gandhi’s example of courageous peaceful defiance of injustice in his own sweet land of liberty. On receiving the Nobel Peace Prize on 10 December 1964, King said: “Non-violence is the answer to the crucial political and moral question of our time – the need for man to overcome oppression and violence without resorting to violence and oppression. Civilisation and violence are antithetical concepts. Negroes of the United States, following the people of India, have demonstrated that non-violence is not sterile passivity, but a powerful moral force which makes for social transformation”. Of course, King like Gandhi would have been appalled by the religious, colour, caste and racial prejudices of contemporary Indians, Pakistanis etc today, and naming a boulevard in King’s name may do more for our own moral well-being than anything else.

Eisenhower and Lincoln
As for Dwight Eisenhower and Abraham Lincoln, the former may well be seen in later centuries as the greatest of 20th Century American Presidents as the latter was of the 19th. Though they had nothing to do with India, naming boulevards after them would remind Indians of the existence of great men in world history.

Jyoti Basu’s Communists once named streets in Kolkata after Lenin and Ho Chi Minh, and still pay annual obeisance at Lenin’s statue with clenched fists and garlands. Ho Chi Minh was a great nationalist and may have deserved an Indian street but it was a cheap and gratuitous insult by the Communists to name the very street on which the American Consulate stood after the Vietnamese leader who was then their enemy. The Americans were mature enough at the time to ignore it and not pull out their Consulate from Kolkata — the very same Consulate that is so highly in demand with Basu’s successor, Buddhadeb Bhattacharjee.

Under influence of the well-known academic apologists for Communist China, Bhattacharjee has been recently extolling the virtues of Mao Zedong and Zhou Enlai too – apparently ignorant of the 40 million Chinese that Mao killed and apparently forgiving Zhou’s hatred of and perfidy against India. Before any further such nonsense occurs, we should name roads after FDR, King, Eisenhower and Lincoln, and the time to do it would be when George W. Bush makes his visit.

Communists and Constitutions

COMMUNISTS & CONSTITUTIONS

By SUBROTO ROY
first published in The Sunday Statesman, Editorial Page, Special Article,

January 22 2006 www.thestatesman.net

Constitutions and communists do not go together. The most glaring example comes from Russia — the Motherland not only of modern communism but also of great brave individual souls like Aleksandr Solzhenitsyn and Andrei Sakharov, and the many other men and women who struggled to defeat communism there over seven decades. Before Russia managed to liberate herself from communism — i.e. before the Communist Party of the Soviet Union began under Mikhail Gorbachev and Boris Yeltsin to liberate itself from itself in the late 1980s — the only genuine elections that ever occurred in the country were to the Constituent Assembly of November 1917.

That Constituent Assembly was a multiparty legislative body and it happened to have a large anti-Bolshevik majority. It met only once in January 1918 and was destroyed under Lenin immediately because it quite naturally refused to adopt Bolshevik proposals. Under the Czar, the “Constitutional Democratic Party” (the “Cadets”), formed in 1905, “constituted the most dangerous ranks of revolution”. Under the government of the proletariat, the very same Cadet Party represented “the most dangerous ranks of reaction” (Solzhenitsyn). Constitutionalists inevitably end up battling both the Fascists of the Right and the Communists of the Left. As Hannah Arendt made clear, the organisation of totalitarian governments whether of Hitler’s Germany or Stalin’s USSR or Mao’s China were remarkably similar in nature. Upon seizing power in November 1917, Russia’s Bolsheviks attacked the constitutionalists first, outlawing the Cadet Party and arresting its members, and doing the same to students, workers and soldiers associated with the “Alliance for the Constituent Assembly”.

This is not a coincidence. Communists and fascists are powered by instincts of grabbing State political power for themselves any which way they can, in order to impose by brute force on everyone else the rather shoddy obsolete ideologies they subscribe to themselves. Karl Marx himself most famously said the words “I am not a Marxist”. Communists and fascists cannot stand the idea of the anonymous individual citizen standing up on his or her own; their instinct is one which cannot attribute credit to the individual person for any good that may be done, instead purloining it into a fake “collective” effort. Similarly, errors cannot be simply acknowledged, and instead responsibility is diffused all around until nobody remembers who said or did what or when, and all history becomes a jumble.

Every great scientific and artistic achievement has been an expression of individual genius, often against the reactionary collective will. And constitutions from Magna Carta onwards have been built on the idea of protecting the anonymous, powerless individual citizen against the violent arbitrary power of the established State and its comprador organisations. Britain and America may have contributed their share of evil to world history but they have made up for at least some of it by pioneering Anglo-Saxon constitutional jurisprudence. It may be no coincidence Britain and America have been home to the greatest outpourings of human creativity and invention in modern times, from the steam engine to the Internet.

In fact it has been a singularly American contribution to pioneer the very idea that parliamentary majorities themselves need to be restrained from their own baser proclivities. In 1767, before America had herself become free from British rule, the British Parliament once issued a declaration that a parliamentary majority could pass any law it saw fit. It was greeted with an outcry of horror in Britain’s American colonies. Patrick Henry of Virginia — later famous for his cry “Give me Liberty or give me Death” — led the battle for the anonymous free individual citizen against the arbitrary power that comes to be represented by the herd or mob instincts even of elected parliamentary majorities. Constitutions are written to protect parliaments and peoples from themselves.

The philosopher John Wisdom, who translated the subtle work of Wittgenstein and Freud into normal idioms, once said: “Sometimes a society acts as if all power lay in the hands of the most babyish and animal members, and sometimes as if all power lay in the hands of strict old men, and sometimes it acts more as a whole — mostly when there’s a war on. Sometimes a man is not himself and acts as if a babyish or cunning animal had gained control — that’s the id — sometimes as if an exacting parent, a sarcastic schoolmaster, or an implacable deity possessed him — that’s the super-ego. Sometimes a man is more himself and acts more as a whole, a new whole which is not a combination but a synthesis of the id and the super-ego. Some are constantly at the mercy of the id, some are slaves to the super-ego, and in some first one and then the other gains an unhappy victory in a continual struggle, and in some conflict and control have vanished into cooperation…”

Similarly, we may say that political processes in any country appear to often give play to the most “babyish” and “cunning animal” instincts of the society, while at other times the “strict old men” or “exacting parent” take over. The constant struggle of political reasonableness is to find the rational, normal national self that rests in between.

India at present has been set upon an unproductive and pointless course of inevitable Constitutional collision between Parliament and the Supreme Court. That course has been singly set by the present Speaker even though every attempt is being made now to diffuse his responsibility for the situation that has arisen, so that soon nobody will be able to remember exactly what happened or why. The incumbent Speaker, instead of being wholly self-effacing as called for by the job-requirements of the high and grave office he holds, has remained too much of a normal parliamentary advocate. Before grave irreparable damage comes to be done to India’s Parliamentary and Constitutional traditions, he needs to return at once to the Front Benches of the Communist Party of India (Marxist) as a distinguished senior Member of the House, and from there make whatever arguments he wishes about Parliament’s rights under the Constitution. The high self-effacing office of the Speaker is not from where such arguments as he has been making should be made — unless India’s Parliament and Constitution are soon to be thrown into the dustbin for ever (as has similarly happened for half a century across the border with our Pakistani cousins).

The incumbent Speaker is right that the Supreme Court does not oversee Parliament. The Supreme Court oversees something greater than Parliament, namely, India’s Constitution. Parliament, its Speaker, its Prime Minister, the President of India, and the Supreme Court itself are all creatures of the Constitution. However, the Constitution of India that was adopted on 26 January 1950 is not sui generis a creature of itself. It is the outcome of a clear and well-known constitutional history which has among its modern milestones the Government of India Act of 1935, and thence all the ancient milestones of Anglo-American constitutional jurisprudence going back to Magna Carta. And India’s Supreme Court — sitting not in any of its normal division benches but as a Constitutional Bench — does indeed have jurisdiction, indeed it has sole jurisdiction, over whether India’s Constitution is being made to suffer crimes or misdemeanours at the hands of India’s Government or Parliament of the day. For the Speaker to decline to receive a notice from the High Court is an irrelevancy; many people who are served notices ignore them; it does not reduce jurisdiction by an iota. An “All-Party” meeting of MPs can rail all it wants against the Supreme Court — even the whole of the present Parliament can pass as many unanimous resolutions as they want against the Supreme Court. They will only make themselves look silly and petulant in the eyes of history. As for the BJP Opposition in particular, the present situation may make it perfectly clear that there is not among them a single, principled, liberal constitutionalist hidden in their proto-fascistic ranks.

Unaccountable Delhi: India’s Separation of Powers’ Doctrine

UNACCOUNTABLE DELHI

India’s Separation Of Powers’ Doctrine

First published in The Statesman Jan 13 2006 Editorial Page Special Article, www.thestatesman.net

By Subroto Roy

The Speaker does not like the fact the High Court has issued notices questioning the procedure he followed in expelling MPs from Parliament. Sonia Gandhi’s self-styled “National Advisory Council” has demanded control over disbursement of 100,000,000,000 rupees of public money. The Manmohan Singh Government plans to quietly ignore the Supreme Court’s finding that it had breached India’s Constitution in imposing President’s Rule in Bihar.  All three issues have to do with application of India’s Separation of Powers Doctrine, i.e. the appropriate delimitation of Constitutional powers between our Legislature, Executive and Judiciary.

A constitutional crime was attempted in India during the Indira-Sanjay Gandhi political “Emergency” declared on 26 June 1975. On 10 November 1975 (a time of press censorship) a 13-judge Bench of the Supreme Court met to hear the Government plead for overrule of Kesavananda Bharati (A.I.R. 1973 S.C. 1461), a landmark Nani Palkhivala once called “the greatest contribution of the Republic of India to constitutional jurisprudence”. Within two days, the Government had failed in the Court, and Kesavananda held. What was upheld? That while India’s Parliament was sovereign and could amend the Constitution, the amending power may not be used to alter or destroy “the basic structure or framework of the Constitution”. And the Supreme Court decides for itself whether Parliament has exceeded its legitimate power to amend.

Basic structure
Palkhivala’s description of what constitutes the “basic structure or framework” of India’s Constitution is excellent enough: “the rule of law, the right to personal liberty and freedom from arbitrary arrest and imprisonment, the right to dissent which implies the freedom of speech and expression and a free press are… a part of the basic structure of a free democracy, and it is these priceless human freedoms which cannot be destroyed by Parliament in exercise of its amending power. Thus Kesavananda’s case ensures that tyranny and despotism shall not masquerade as constitutionalism.”

Palkhivala argued that, if anything, the aspects of Kesavananda that needed to be set aside were those that had over-ruled Golaknath (A.I.R. 1967 S.C. 1643) which said Parliament should not be held to have the power to abridge any fundamental right, indeed any amended article which abrogates any fundamental right is invalid.

Dicey said “In the principle of the distribution of powers which determines its form, the constitution of the United States is the exact opposite of the English constitution.” Kesavananda Bharati showed the midway point between the two in constitutional jurisprudence anywhere in the world. We are like the Americans and unlike the British first in being a Republic, and secondly in having an explicit written Constitution. We are like the British and unlike the Americans in being a parliamentary democracy where the Executive Branch of Government, namely the Prime Minister and his/her Cabinet is elected from within the Legislative Branch of Government, namely, Parliament, and must at all times retain the confidence of the latter, specifically the Lok Sabha, the House of the People.

The American Executive Branch has a directly-elected President who chooses his administration, and it is commonplace for him to not have the confidence of the Upper or Lower House of the Legislature, to the point that one recent president had to undergo impeachment proceedings and barely survived. There is no constitutional crisis in America if the Legislature loathes the President and wishes him out. The American President and his Executive Branch stay in office until the last minute of his fixed term.

PM answers to Parliament
In our system, the Prime Minister answers at all times to Parliament. Parliament in India’s democracy has normally meant the House of the People — where every member has contested and won a direct vote in his/her constituency. India’s current Lok Sabha has set a constitutional precedent not seen in more than a hundred years anywhere in electing an Executive led by someone not a member. The British Upper House used to have an aristocratic hereditary component which Mr Blair’s New Labour Government has removed, making it more like what the Rajya Sabha was supposed to be — except that by now our Rajya Sabha has tended to become a place for party worthies who have lost normal elections, superannuated cinematic personalities, perpetual bureaucrats still seeking office, and others who really should be at home helping to raise the grandchildren.  Parliament may not have fully recovered its health ever since that constitutional crime committed against the Republic known as the Indira-Sanjay “Emergency” (and at least one member of Sanjay’s coterie wields much power today).

Crimes and misdemeanours
The Supreme Court’s finding that the Government breached the Constitution by imposing President’s Rule in Bihar is a finding not of a constitutional crime but of a constitutional misdemeanour. (For reasons given already in these columns on 20 October 2005, it has nothing to do with the President, who merely embodies the sovereignty of our Republic.)  For an Executive Order or Legislative Act to be found by a competent Court as being unconstitutional means merely that it does not have to be obeyed by citizens. In the Bihar case, the Supreme Court found this consequence irrelevant because new elections were already in process, the result of which would come from the most authentic democratic voice possible, namely, the same people who elect the House of the People in the first place. India’s Executive has been found to have committed a constitutional misdemeanour, for which it needed to apologise to the Court and Parliament (who are its constitutional co-equals) and then ask the latter to renew its confidence — in which event, life goes on. If confidence was not renewed, the Government would fall and a new Government would have to be formed. But we do not have yet the idea of a backbench revolt —mainly because all the front benches themselves have tended to be in such confusion and disarray with regard to parliamentary traditions, processes and functions.

The Supreme Court as the ultimate protector of the Constitution would be well within its prerogative to oversee whether a Parliamentary Speaker has acted appropriately. Consider a hypothetical case. Once elected, a Speaker is supposed to have no party-affiliation ever more for the rest of his/her life. Suppose, hypothetically, a controlled experiment found a Speaker systematically biased in favour of his/her own former party-members and against their opponents. Where but the Courts could such arbitrariness be effectively remonstrated against? Even if the incumbent Speaker impossibly imagines himself the personal embodiment of the Legislative Branch, he is not beyond the Constitution and therefore not beyond India’s Separation of Powers’ Doctrine.

The Opposition had alleged that the Speaker failed to follow procedure which required the culprits in the expulsion case be referred to the Privileges Committee. But beyond that the Opposition was too confused and guilt-ridden to pursue the matter during the dying moments of Parliament’s Winter Session. In the clear light of day, the issue has now ended up in the Courts. If the Supreme Court eventually rules the Speaker had in fact failed to follow Parliament’s own procedures (and hence breached Constitutional practices), the Speaker would need to apologise to the Courts and the House that elected him, and perhaps offer to fall on his sword.

Finally, for the “National Advisory Council”, a wholly unelected body, to demand a say for itself over spending Rs. 100 billion in State and Union Government budget-making, would be another constitutional misdemeanour — unless its members are merely on the personal staff of the Hon’ble Member representing Rae Bareili, who may of course introduce whatever legislation on money-bills that any other Lok Sabha Member may do.

Solving Kashmir: On an Application of Reason

SOLVING KASHMIR: ON AN APPLICATION OF REASON

by

Subroto Roy

First published in three parts in The Statesman, Editorial Page Special Article, December 1,2,3 2005, www.thestatesman.net

This article has its origins in a paper “Towards an Economic Solution for Kashmir” which circulated in Washington DC in 1992-1995, including at the Indian and Pakistani embassies and the Carnegie Endowment, and was given as an invited lecture at the Heritage Foundation on June 23 1998. It should be read along with other articles also republished here, especially “History of J&K”, “Law, Justice and J&K” , “Understanding Pakistan”, “Pakistan’s Allies” and “What to Tell Musharraf”. The Washington paper and lecture itself originated from my ideas in the Introduction to Foundations of Pakistan’s Political Economy, edited by WE James and myself in the University of Hawaii project on Pakistan 1986-1992.


I. Give Indian `Green Cards’ to the Hurriyat et al
India, being a liberal democracy in its constitutional law, cannot do in Jammu & Kashmir what Czechoslovakia did to the “Sudeten Germans” after World War II. On June 18 1945 the new Czechoslovakia announced those Germans and Magyars within their borders who could not prove they had been actively anti-fascist before or during the War would be expelled — the burden of proof was placed on the individual, not the State. Czechoslovakia “transferring” this population was approved by the Heads of the USA, UK and USSR Governments at Potsdam on August 2 1945. By the end of 1946, upto two million Sudeten Germans were forced to flee their homes; thousands may have died by massacre or otherwise; 165,000 remained who were absorbed as Czechoslovak citizens. Among those expelled were doubtless many who had supported Germany and many others who had not — the latter to this day seek justice or even an apology in vain. Czechoslovakia punished none of its nationals for atrocities, saying it had been revenge for Hitler’s evil (“badla” in Bollywood terms) and the post Cold War Czech Government too has declined to render an apology. Revenge is a wild kind of justice (while justice may be a civilised kind of revenge).

India cannot follow this savage precedent in international law. Yet we must recognise there are several hundred and up to several hundred thousand persons on our side of the boundary in the State of Jammu & Kashmir who do not wish to be Indian nationals. These people are presently our nationals ius soli, having been born in territory of the Indian Republic, and/or ius sanguinis, having been born of parents who are Indian nationals; or they may be “stateless” whom we must treat in accordance with the 1954 Convention on Stateless Persons. The fact is they may not wish to carry Indian passports or be Indian nationals.

In this respect their juridical persons resemble the few million “elite” Indians who have in the last few decades freely placed their hands on their hearts and solemnly renounced their Indian nationality, declaring instead their individual fidelity to other nation-states — becoming American, Canadian or Australian citizens, or British subjects or nationals of other countries. Such people include tens of thousands of the adult children of India’s metropolitan “elite”, who are annually visited abroad in the hot summer months by their Indian parents and relatives. They are daughters and sons of New Delhi’s Government and Opposition, of retired generals, air marshals, admirals, ambassadors, cabinet secretaries, public sector bureaucrats, private sector businessmen, university professors, journalists, doctors and many others. India’s most popular film-actress exemplified this “elite” capital-flight when, after a tireless search, she chose a foreign husband and moved to California.

The difference in Jammu & Kashmir would be that those wishing to renounce Indian nationality do not wish to move to any other place but to stay as and where they are, which is in Kashmir Valley or Jammu. Furthermore, they may wish, for whatever reason, to adopt, if they are eligible to do so, the nationality of e.g. the Islamic Republic of Afghanistan or the Islamic Republic of Iran or the Islamic Republic of Pakistan.

They may believe themselves descended from Ahmad Shah Abdali whose Afghans ruled or mis-ruled Kashmir Valley before being defeated by Ranjit Singh’s Sikhs in 1819. Or they may believe themselves of Iranian descent as, for example, are the Kashmiri cousins of the late Ayatollah Khomeini. Or they may simply have wished to be, or are descended from persons who had wished to be on October 26 1947, citizens of the then-new British Dominion of Pakistan — but who came to be prevented from properly expressing such a desire because of the war-like conditions that have prevailed ever since between India and Pakistan. There may be even a few persons in Laddakh who are today Indian nationals but who wish to be considered Tibetans instead; there is, however, no Tibetan Republic and it does not appear there is going to be one.

India, being a free and self-confident country, should allow, in a systematic lawful manner, all such persons to fulfil their desires, and furthermore, should ensure they are not penalised for having expressed such “anti-national” desires or for having acted upon them. Sir Mark Tully, the British journalist, is an example of someone who has been a foreign national who has chosen to reside permanently in the Republic of India — indeed he has been an exemplary permanent resident of our country. There are many others like him. There is no logical reason why all those persons in Jammu & Kashmir who do wish not to be Indians by nationality cannot receive the same legal status from the Indian Republic as has been granted to Sir Mark Tully. There are already thousands of Sri Lankan, Bangladeshi and Nepalese nationals who are lawful permanent residents in the Indian Republic, and who travel back and forth between India and their home countries. There is no logical reason why the same could not be extended to several hundred or numerous thousand people in Jammu & Kashmir who may wish to not accept or to renounce their Indian nationality (for whatever personal reason) and instead become nationals, if they are so eligible, of the Islamic Republics of Afghanistan, Iran or Pakistan, or, for that matter, to remain stateless. On the one hand, their renunciation of Indian nationality is logically equivalent to the renunciation of Indian nationality by the adult children of India’s “elite” settled in North America and Western Europe. On the other hand, their wish to adopt, if they are eligible, a foreign nationality, such as that of Afghanistan, Iran or Pakistan, and yet remain domiciled in Indian territory is logically equivalent to that of many foreign nationals domiciled in India already like Sir Mark Tully.

Now if you are a permanent resident of some country, you may legally have many, perhaps most, but certainly not all the rights and duties of nationals of that country. e.g., though you will have to pay all the same taxes, you may not be allowed to (or be required to) vote in national or provincial elections but you may in local municipal elections. At the same time, permanently residing foreign nationals are supposed to be equal under the law and have equal access to all processes of civil and criminal justice. (As may be expected though from human frailty, even the federal courts of the USA can be notorious in their injustice and racism towards “Green Card” holders relative to “full” American citizens.) Then again, as a permanently resident foreigner, while you will be free to work in any lawful trade or profession, you may not be allowed to work in some or perhaps any Government agencies, certainly not the armed forces or the police. Many Indians in the USA were engineering graduates, and because many engineering jobs or contracts in the USA are related to the US armed forces and require US citizens only, it is commonplace for Indian engineers to renounce their Indian nationality and become Americans because of this. Many Indian-American families have one member who is American, another Indian, a third maybe Canadian, a fourth Fijian or British etc.

The same can happen in the Indian State of Jammu & Kashmir if it evolves peacefully and correctly in the future. It is quite possible to imagine a productive family in a peaceful Kashmir Valley of the future where one brother is an officer in the Indian Armed Forces, another brother a civil servant and a sister a police officer of the J&K State Government, another sister being a Pakistani doctor, while cousins are Afghan or Iranian or “stateless” businessmen. Each family-member would have made his/her choice of nationality as an individual given the circumstances of his/her life, his/her personal comprehension of the facts of history, his/her personal political and/or religious persuasions, and similar deeply private considerations. All would have their children going to Indian schools and being Indian citizens ius soli and/or ius sanguinis. When the children grow up, they would be free to join, if they wished, the existing capital flight of other Indian adult children abroad and there renounce their Indian nationality as many have come to do.

II Revealing Choices Privately with Full Information
For India to implement such a proposal would be to provide an opportunity for all those domiciled in Kashmir Valley, Jammu and Laddakh to express freely and privately as individuals their deepest wishes about their own identities, in a confidential manner, citizen by citizen, case by case. This would thereby solve the fundamental democratic problem that has been faced ever since the Pakistani attack on the original State of Jammu & Kashmir commenced on October 22 1947, which came to be followed by the Rape of Baramulla — causing the formal accession of the State to the then-new Dominion of India on October 26 1947.

A period of, say, 30 months may be announced by the Government of India during which full information would be provided to all citizens affected by this change, i.e. all those presently governed by Article 370 of the Indian Constitution. The condition of full information may include, for example, easy access to Afghan, Iranian and Pakistani newspapers in addition to access to Indian media. Each such person wishing to either remain with Indian nationality (by explicitly requesting an Indian passport if he/she does not have one already — and such passports can be printed in Kashmiri and Urdu too), or to renounce Indian nationality and either remain stateless or adopt, if he/she is so eligible, the nationality of e.g. Afghanistan, Iran, or Pakistan, should be administratively assisted by the Government of India to make that choice.

In particular, he/she should be individually, confidentially, and without fear or favour assured and informed of his/her new rights and responsibilities. For example, a resident of Kashmir Valley who chooses to become a Pakistani citizen, such as Mr Geelani, would now enjoy the same rights and responsibilities in the Indian Republic that Mr Tully enjoys, and at the same time no longer require a visa to visit Pakistan just as Mr Tully needs no visa to enter Britain. In case individual participants in the Hurriyat choose to renounce Indian nationality and adopt some other, they would no longer be able to legally participate in Indian national elections or J&K’s State elections. That is something which they say they do not wish to do in any case. Those members of the Hurriyat who chose e.g. Pakistani nationality while still residing in Jammu & Kashmir, would be free to send postal ballots or cross the border and vote in Pakistan’s elections if and when these occur. There are many Canadians who live permanently in the USA who cross home to Canada in order to cast a ballot.

After the period of 30 months, every person presently under Article 370 of the Indian Constitution would have received a full and fair opportunity to privately and confidentially reveal his/her preference or choice under conditions of full information. “Partition”, “Plebiscite”, and “Military Decision” have been the three alternatives under discussion ever since the National Conference of Sheikh Mohammad Abdullah and his then-loyal Deputy, Bakshi Ghulam Mohammad, helped the Indian Army and Air Force in 1947-1948 fight off the savage attack against Jammu & Kashmir State that had commenced from Pakistan on October 22 1947. When, during the Pakistani attack, the Sheikh and Bakshi agreed to the Muslim Conference’s demand for a plebiscite among the people, the Pakistanis balked — the Sheikh and Bakshi then withdrew their offer and decisively and irrevocably chose to accede to the Indian Union. The people of Jammu & Kashmir, like any other, are now bound by the sovereign political commitments made by their forebears. Even so, given the painful mortal facts of the several decades since, the solution here proposed if properly implemented would be an incomparably more thorough democratic exercise than any conceivable plebiscite could ever have been.

Furthermore, regardless of the outcome, it would not entail any further “Partition” or population “transfer” which inevitably would degenerate into a savage balkanization, and has been ruled out as an unacceptable “deal-breaker” by the Indian Republic. Instead, every individual person would have been required, in a private and confidential decision-making process, to have chosen a nationality or to remain stateless — resulting in a multitude of cosmopolitan families in Jammu & Kashmir. But that is something commonplace in the modern world. Properly understood and properly implemented, we shall have resolved the great mortal problem we have faced for more than half a century, and Jammu & Kashmir can finally settle into a period of peace and prosperity. The boundary between India and Pakistan would have been settled by the third alternative mentioned at the time, namely, “Military Decision”.

III. Of Flags and Consulates in Srinagar and Gilgit
Pakistan has demanded its flag fly in Srinagar. This too can happen though not in the way Pakistan has been wishing to see it happen. A Pakistan flag might fly in the Valley just as might an Afghan and Iranian flag as well. Pakistan has wished its flag to fly as the sovereign over Jammu & Kashmir. That is not possible. The best and most just outcome is for the Pakistani flag to fly over a recognised Pakistani consular or visa office in Srinagar, Jammu and Leh. In diplomatic exchange, the Indian tricolour would have to fly over a recognised Indian consular or visa office in Muzaffarabad, Gilgit and Skardu.

Pakistan also may have to act equivalently with respect to the original inhabitants of the territory of Jammu & Kashmir that it has been controlling — allowing those people to become Indian nationals if they so chose to do in free private decisions under conditions of full information. In other words, the “Military Decision” that defines the present boundary between sovereign states must be recognised by Pakistan sincerely and permanently in a Treaty relationship with India — and all of Pakistan’s official and unofficial protégés like the Hurriyat and the “United Jehad Council” would have to do the same. Without such a sovereign commitment from the Government of Pakistan, as shown by decisive actions of lack of aggressive intent (e.g. as came to be implemented between the USA and USSR), the Government of India has no need to involve the Government of Pakistan in implementing the solution of enhancing free individual choice of nationality with regard to all persons on our side of the boundary.

The “Military Decision” regarding the sovereign boundary in Jammu & Kashmir will be so recognised by all only if it is the universally just outcome in international law. And that in fact is what it is.

The original Jammu & Kashmir State began its existence as an entity in international law long before the present Republics of India and Pakistan ever did. Pakistan commences as an entity on August 14 1947; India commences as an entity of international law with its signing of the Treaty of Versailles on June 20 1918. Jammu & Kashmir began as an entity on March 16 1846 — when the Treaty of Amritsar was signed between Gulab Singh Dogra and the British, one week after the Treaty of Lahore between the British and the defeated Sikh regency of the child Daleep Singh.

Liaquat Ali Khan and Zafrullah Khan both formally challenged on Pakistan’s behalf the legitimacy of Dogra rule in Jammu & Kashmir since the Treaty of Amritsar. The Pakistani Mission to the UN does so even today. The Pakistanis were following Sheikh Abdullah and Jawaharlal Nehru himself, who too had at one point challenged Dogra legitimacy in the past. But though the form of words of the Pakistan Government and the Nehru-Abdullah position were similar in their attacks on the Treaty of Amritsar, their underlying substantive reasons were as different as chalk from cheese. The Pakistanis attacked the Dogra dynasty for being Dogra — i.e. because they were Hindus and not Muslims governing a Muslim majority. Nehru and Abdullah denounced monarchic autocracy in favour of mass democracy, and so attacked the Dogra dynasty for being a dynasty. All were wrong to think the Treaty of Amritsar anything but a lawful treaty in international law.

Furthermore, in this sombre political game of great mortal consequence, there were also two other parties who were, or appeared to be, in favour of the dynasty: one because the dynasty was non-Muslim, the other, despite it being so. Non-Muslim minorities like many Hindus and Sikhs in the business and governmental classes, saw the Dogra dynasty as their protector against a feared communalist tyranny arising from the Sunni Muslim masses of Srinagar Valley, whom Abdullah’s rhetoric at Friday prayer-meetings had been inciting or at least awakening from slumber. At the same time, the communalists of the Muslim Conference who had broken away from Abdullah’s secular National Conference, sought political advantage over Abdullah by declaring themselves in favour of keeping the dynasty — even elevating it to become an international sovereign, thus flattering the already pretentious potentate that he would be called “His Majesty” instead of merely “His Highness”. The ancestry of today’s Hurriyat’s demands for an independent Jammu & Kashmir may be traced precisely to those May 21-22 1947 declarations of the Muslim Conference leader, Hamidullah Khan.

Into this game stumbled the British with all the mix of cunning, indifference, good will, impatience, arrogance and pomposity that marked their rule in India. At the behest of the so-called “Native Princes”, the 1929 Butler Commission had hinted that the relationship of “Indian India” to the British sovereign was conceptually different from that of “British India” to the British sovereign. This view was adopted in the Cabinet Mission’s 12 May 1946 Memorandum which in turn came to be applied by Attlee and Mountbatten in their unseemly rush to “Divide and Quit” India in the summer of 1947.

It created the pure legal illusion that there was such a thing as “Lapse of Paramountcy” at which Jammu & Kashmir or any other “Native State” of “Indian India” could conceivably, even for a moment, become a sovereign enjoying the comity of nations — contradicting Britain’s own position that only two Dominions, India and Pakistan, could ever be members of the British Commonwealth and hence members of the newly created UN. British pusillanimity towards Jammu & Kashmir’s Ruler had even extended to making him a nominal member of Churchill’s War Cabinet because he had sent troops to fight in Burma. But the legal illusion had come about because of a catastrophic misunderstanding on the part of the British of their own constitutional law.

The only legal scholar who saw this was B R Ambedkar in a lonely and brilliant technical analysis released to the press on June 17 1947. No “Lapse of Paramountcy” over the “Native Princes” of Indian India could occur in constitutional law. Paramountcy over Indian India would be automatically inherited by the successor state of British India at the Transfer of Power. That successor state was the new British Dominion of India as well as (when it came to be finalised by Partition from India) the new British Dominion of Pakistan (Postscript: the deleted words represent a mistake made in the original paper, corrected in “Law, Justice & J&K” in view of the fact the UN  in 1947 deemed  India alone the successor state of British India and Pakistan a new state in the world system). A former “Native Prince” could only choose to which Dominion he would go. No other alternative existed even for a single logical moment. Because the British had catastrophically failed to comprehend this aspect of their own constitutional law, they created a legal vacuum whereby between August 15 and October 22-26 1947, Jammu & Kashmir became a local and temporary sovereign recognised only by the Dominion of Pakistan (until October 22) and the Dominion of India (until October 26). But it was not a globally recognised sovereign and was never going to be such in international law. This was further proved by Attlee refusing to answer the J&K Prime Minister’s October 18 1947 telegram.

All ambiguity came to end with the Pakistani attack of October 22 1947, the Rape of Baramulla, the secession of an “Azad Kashmir”declared by Sardar Ibrahim, and the Pakistani coup détat in Gilgit on October 31 1947 followed by the massacre of Sikh soldiers of the J&K Army at Bunji. With those Pakistani actions, Gulab Singh’s Jammu & Kashmir State, founded on March 16 1846 by the Treaty of Amritsar, ceased to logically exist as an entity in international law and fell into a state of ownerless anarchy. The conflict between Ibrahim’s Muslim communalists backed by the new Dominion of Pakistan and Abdullah’s secularists backed by the new Dominion of India had become a civil war within a larger intra-Commonwealth war that itself was almost a civil war between forces of the same military.

Jammu & Kashmir territory had become ownerless. The Roman Law which is at the root of all municipal and international law in the world today would declare that in the ownership of such an ownerless entity, a “Military Decision” was indeed the just outcome. Sovereignty over the land, waters, forests and other actual and potential resources of the erstwhile State of Jammu & Kashmir has become divided by “Military Decision” between the modern Republics of India and Pakistan. By the proposal made herein, the people and their descendants shall have chosen their nationality and their domicile freely across the sovereign boundary that has come to result.

US Espionage Failures

US Espionage Failures

(There is a hippopotamus in the room)

First published in The Statesman Perspective Page under the title “Flunking inteligence” Oct 26 2005, www.thestatesman.net

by Subroto Roy

There have been three or four enormous failures of American espionage (i.e. intelligence and counter-intelligence) in the last 20 years. The collapse of the Berlin Wall and the end of Soviet communism were salubrious events but they had not been foreseen by the United States which was caught unawares by the speed and nature of the developments that took place. Other failures have been catastrophic.

First, there was the failure to prevent the attack that took place on the American mainland on September 11 2001. It killed several thousand civilians and caused vast, perhaps irreparable, psychological and physical destruction to the United States.

The attack was without precedent. The December 7 1941 Japanese attack on Pearl Harbour in Hawaii, though a surprise, was carried out by one military against another military and did not affect very many civilians (except that thousands of American civilians of Japanese ancestry came to be persecuted and placed in concentration camps for years by the US Government). And the last time the American mainland had been attacked before 2001 was in 1814 when British troops marched south from Canada and burnt down the Capitol and the US President’s house in Washington.

Secondly, there has been a failure to discover any reasonable justification for the American-led attack on Iraq and its invasion and occupation. Without any doubt, America has lost, at the very least, an incalculable amount of international goodwill as a result of this, let aside suffering two thousand young soldiers killed, fifteen thousand wounded, and an unending cost in terms of prestige and resources in return for the thinnest of tangible gains. India at great cost liberated East Pakistan from the brutal military tyranny of Yahya Khan and Tikka Khan in December 1971 but the average Bangladeshi today could hardly care less. Regardless of what form of government emerges in Iraq now, there is no doubt the mass of the Iraqi people will cheer the departure of the bulk of foreign troops and tanks from their country (even if a permanent set of a dozen hermetically sealed American bases remain there for ever, as appears to have been planned).

When things go wrong in any democracy, it is natural and healthy to set up a committee to investigate, and America has done that several times now. For such committees to have any use at all they must be as candid as possible and perhaps the most candid of the American committees has been the US Government’s 9/11 Commission. But it too has appeared no closer to finding out who was the mastermind of the 9/11 attacks or who financed it and who, precisely, executed it. Osama Bin Laden may have been the ideological head of a movement allied to the perpetrators, and Bin Laden undoubtedly expressed his glee afterwards, but it beggars the imagination that Bin Laden could have been executive president in charge of this operation while crawling around Sudan, Pakistan and Afghanistan. If not him, then whom? Mossad the Israeli spy agency was supposed to have pointed to a super-secret invisible Lebanese terrorist but nobody really knows. The biggest modern mass murder remains unsolved.

As for solutions, the American 9/11 Commission went into the same politically correct formulae that came to be followed in 2005 by British PM Tony Blair’s New Labour Cabinet, namely, that “moderate” peace-loving Muslims must be encouraged and bribed not to turn to terrorism (indeed to expose those among them who do), while “extremist” Muslims must be stamped out with brute force. This rests on a mistaken premise that an economic carrot-and-stick policy can work in creating a set of external incentives and disincentives for Muslims, when in fact believing Muslims, like many other religious believers, are people who feel the power of their religion deep within themselves and so are unlikely to be significantly affected by external incentives or disincentives offered by non-believers.

Another committee has been the United States Senate’s Select Committee on Intelligence which reported in July 2004, and from whose findings have stemmed as an offshoot the current matter about whether high government officials broke the law that is being investigated by Special Prosecutor Patrick J. Fitzgerald.

Bertrand Russell said in his obituary of Ludwig Wittgenstein that he had once gone about looking under all the tables and chairs to prove to Wittgenstein that there was not a hippopotamus present in the room. In the present case, however, there is in fact a very large hippopotamus present in the room yet the entire American foreign policy establishment has seemed to refuse to wish to see it. Saddam Hussain and OBL are undoubtedly certifiable members of the international gallery of rogues – but the central fact remains they were rogues who were in alliance with America’s defined strategic interests in the 1980s. Saddam Hussain’s Iraq invaded Iran in 1980 and gassed the Kurds in 1986; an Iraqi Mirage on May 17 1987 fired two Exocet missiles at the USS Stark killing 37 American sailors and injuring 21. The Americans did nothing. The reason was that Saddam was still in favour at the time and had not yet become a demon in the political mythology of the American state, and it was expedient for nothing to be done. Indeed Saddam’s Iraq was explicitly removed in 1982 from the US Government’s list of states sponsoring terrorism because, according to the State Department’s Patterns of Global Terrorism, it had “moved closer to the policies of its moderate Arab neighbours”.

The very large hippopotamus that is present in the room at the moment is April Glaspie, the highly regarded professional career diplomat and American Ambassador to Iraq at the time of the 1990 Gulf War. Saddam Hussein as President had a famous meeting with her on July 25 1990, eight days before he invaded Kuwait. The place was the Presidential Palace in Baghdad and the Iraqis videotaped the meeting:

U.S. Ambassador Glaspie – “I have direct instructions from President (George Herbert Walker) Bush to improve our relations with Iraq. We have considerable sympathy for your quest for higher oil prices, the immediate cause of your confrontation with Kuwait. (pause) As you know, I lived here for years and admire your extraordinary efforts to rebuild your country. We know you need funds. We understand that, and our opinion is that you should have the opportunity to rebuild your country. (pause) We can see that you have deployed massive numbers of troops in the south. Normally that would be none of our business, but when this happens in the context of your threats against Kuwait, then it would be reasonable for us to be concerned. For this reason, I have received an instruction to ask you, in the spirit of friendship – not confrontation – regarding your intentions: Why are your troops massed so very close to Kuwait’s borders?
Saddam Hussein – As you know, for years now I have made every effort to reach a settlement on our dispute with Kuwait. There is to be a meeting in two days; I am prepared to give negotiations only this one more brief chance. (pause) When we (the Iraqis) meet (with the Kuwaitis) and we see there is hope, then nothing will happen. But if we are unable to find a solution, then it will be natural that Iraq will not accept death.
U. S. Ambassador Glaspie – What solutions would be acceptable?
Saddam Hussein – If we could keep the whole of the Shatt al Arab – our strategic goal in our war with Iran – we will make concessions (to the Kuwaitis). But, if we are forced to choose between keeping half of the Shatt and the whole of Iraq (i.e., in Saddam’ s view, including Kuwait ) then we will give up all of the Shatt to defend our claims on Kuwait to keep the whole of Iraq in the shape we wish it to be. (pause) What is the United States’ opinion on this?
U.S. Ambassador Glaspie – We have no opinion on your Arab – Arab conflicts, such as your dispute with Kuwait. Secretary (of State James) Baker has directed me to emphasize the instruction, first given to Iraq in the 1960′s, that the Kuwait issue is not associated with America. (Saddam smiles)

Saddam had seen himself fighting Islamic Iran on behalf of the Kuwaitis, Saudis and other Arabs, and Islamic Iran was of course the sworn adversary of the USA at least since Khomeini had deposed America’s ally, the Shah. Therefore Saddam could not be all bad in the eyes of the State Department. On August 2 1990, the Iraqi troops seen by American satellites amassed on the border, invaded and occupied Kuwait. On September 2 1990, the Iraqis released the videotape and transcript of the July 29 Saddam-Glaspie meeting and Glaspie was confronted by British journalists as she left the Embassy:
Journalist 1 – Are the transcripts (holding them up) correct, Madam Ambassador? (No answer from Glaspie)
Journalist 2 – You knew Saddam was going to invade (Kuwait ) but you didn’t warn him not to. You didn’t tell him America would defend Kuwait. You told him the opposite – that America was not associated with Kuwait.
Journalist 1 – You encouraged this aggression – his invasion. What were you thinking?
U.S. Ambassador Glaspie – Obviously, I didn’t think, and nobody else did, that the Iraqis were going to take all of Kuwait.
Journalist 1 – You thought he was just going to take some of it? But, how could you? Saddam told you that, if negotiations failed , he would give up his Iran(Shatt al Arab waterway) goal for the whole of Iraq, in the shape we wish it to be. You know that includes Kuwait, which the Iraqis have always viewed as a historic part of their country!

Journalist 1 – America green-lighted the invasion. At a minimum, you admit signalling Saddam that some aggression was okay – that the U.S. would not oppose a grab of the al-Rumeilah oil field, the disputed border strip and the Gulf Islands (including Bubiyan) – the territories claimed by Iraq?

Glaspie said nothing, the car door closed behind her, the car drove off. Nothing has been apparently heard from Glaspie ever since, and we may have to wait for her memoirs in 25 years when they are declassified to come to know what happened. It is astonishing, however, that the 521 page report of the US Senate’s Select Committee on espionage about Iraq before the 2003 war finds no cause whatsoever to mention Glaspie at all (at least in its public censored version). It is almost as if Glaspie has never existed and her conversation with Saddam never happened. Glaspie has disappeared down an Orwellian memory-hole. Yet her conversation with Saddam was the last official, recorded conversation between the Americans and Saddam while they were still on friendly terms.

There may be many causes explaining how such serious failures have come to occur in a country where billions of dollars have been annually spent on espionage. Among them must be that while America’s great strengths have included creation of the finest advanced scientific and technological base on earth, America’s great intellectual weaknesses in recent decades have included an impatience with historical and philosophical reflection of all sorts, and that includes reflection about her own as well as other cultures. This is exemplified too in the third palpable failure of intelligence of the last 20 years, which has been to have not foreseen or prevented atomic weapons from being developed by America and Britain’s Islamist ally and client-state, Pakistan, and thence to have failed to prevent the proliferation of such weapons in general. The consequences of that may yet turn out to be the most grave.

After the Verdict: Why the Executive Needed a Vote of Confidence

AFTER THE VERDICT

By Subroto Roy

First published The Statesman, October 20 2005, Editorial Page Special Article, www.thestatesman.net

The last and only time a Head of State of India “resigned” was when Edward VIII (uncle of the present Queen of England) abdicated in 1936 because he wished to marry Mrs Wallis Simpson, a twice-divorced American, and the British Government under Stanley Baldwin felt this was unacceptable to the public and told him so. To his eternal credit, Edward VIII chose true love over the vainglorious trappings of a constitutional monarchy, gave up the kingship, and went with his new wife into a quiet voluntary life-exile in France as the Duke and Duchess of Windsor. India’s Presidents cannot act in state except upon advice of the Cabinet. That means they cannot even resign from office except upon advice of the Cabinet. A President may tragically die in office in which case the Vice-President would become the acting Head of State but there is no provision or precedent in India for a President to be made to resign except for Edward VIII’s abdication.

Richard Nixon resigned the office of the President of the United States in 1974 and more recently William Jefferson Clinton was brought under a lot of pressure to do so by the legislative impeachment proceedings against him. Nixon resigned (which made Gerald Ford President) because it had become impossible for him to stay in office having been proved to have lied to the people, and Clinton managed to stay on by the skin of his teeth for similar misdeeds. But the American system is different because the Head of State and Head of Government are united in the person of the President.

In our system, the Head of State embodies the sovereignty of India and does nothing more. Mountbatten as the first Governor-General imagined himself much more than that and caused damage to the subcontinent’s polity which has still to be repaired. But the first four Indian Heads of State, C. Rajagopalachari, Dr Rajendra Prasad, Dr S. Radhakrishnan, and Dr Zakir Hussain, were exemplary role-models. Unfortunately since their time the office of the President has suffered some of the shocks too that have been suffered by almost all our institutions. For example, retired Presidents really should vanish most gracefully into quietude to write their memoirs and help raise their grandchildren, yet we have had a former President say that an award received after retirement as President has been his most prized. It is not logically possible for such a thing to happen, since to become President of India is the ultimate honour for any citizen of our country. We elect someone among us to be a constitutional monarch for a period of five years and call that person President. Even if a former Indian President should receive the Nobel Peace Prize afterwards it would not mean his/her having embodied the sovereignty of our Republic was not the ultimate honour.

In our constitutional law, our Head of State cannot choose to resign any more than the sovereignty of India can be made to momentarily come to an end. If, to construct a hypothetical case, a President of India while in office became, heavens forbid, physically or mentally incapable of carrying out the duties of the office, the Government of India as represented by the Union Cabinet may well look to the Vice-President to fulfil the role of the Head of State temporarily but there would be no provision for the President to be made to demit office. The only precedent is that of Edward VIII where his personal love for Mrs Simpson compelled his abdication upon the advice of the Prime Minister.

Bringing ourselves back to Bihar, the Honourable Supreme Court’s finding of unconstitutionality is of grave import. On the positive side, what it indicates yet again is that India’s political institutions, no matter how battered and bloody they become by our self-inflicted wounds, still do work.

Furthermore, for the Honourable Court to have allowed the elections to go forward indicates how fine is the quality of our justice, for the Court has allowed the people of Bihar to speak again, and of course Mr Nitish Kumar and friends have been free to use at the hustings the Court’s finding in their favour. Certainly heads should roll and be seen to roll for all this. The Governor should have gone immediately but has not only not done so, he has let it be known that he was acting under orders himself. If so, the least that should happen is that the party-functionary responsible for this should be sacked.

For some press-commentators to demand that Sonia Gandhi should replace Dr Manmohan Singh reveals an appalling ignorance of constitutional norms; this is not a matter of a “High Command” replacing one acolyte by another as chief minister somewhere – if a Prime Minister resigns, so does the entire Cabinet he has appointed, and a new Government has to be sought to be formed. At the same time it is less than candid for the Leader of the Opposition to demand via the television cameras that the Prime Minister should resign, since the Opposition knows fully well that there is an institution called Parliament which can express its lack of confidence in a Government. And of course it also remains open for the Prime Minister himself to go to Parliament and seek to renew its confidence in his Government when the public confidence has thus come to be shaken.

In fact, the right course of action for the President is to summon the Prime Minister and say something like: “It would appear the Judicial Branch of the Government of India has found the Executive Branch to have breached the Constitution. Reference must now be made to the Legislative Branch, namely, to Parliament, to see if it still has confidence in the Executive. Please ask for a Vote of Confidence in the Lok Sabha as soon as possible.” Of course, Dr Manmohan Singh has been the first Prime Minister in Commonwealth history since Salisbury who has not been himself a member of the Lower House. Curzon had wished to be British prime minister after returning from India but was passed over in 1922 in favour of Baldwin in a decisive demonstration that a prime minister must be a member of the Lower House. That is why Alec Douglas-Home stopped being a member of the House of Lords in order to become British PM in 1963-64. India in the last thirty years has seen parliamentary traditions at the Union and State levels being ruinously weakened (or not even allowed to develop) being replaced all too frequently either by street-fighting or by discretionary bureaucratic decision-making by committee. The present moment is an opportunity for the rot to be stemmed. It may be too optimistic though to believe that it will be taken.

The Mitrokhin Archives II from an Indian Perspective: A Review Article

The Mitrokhin Archives II from an Indian Perspective: A Review Article

by Subroto Roy

First published in The Statesman, Oct. 11 2005, Perspective Page, www.thestatesman.net

Vasili Mitrokhin’s defection from the former Soviet Union to Britain in 1992 caused a treasure-trove to reach MI-6 and the CIA and FBI, because he exposed many dozens of Soviet agents and their plots and intrigues around the world. But this fact that his material greatly helped Anglo-American counter-intelligence does not per se make it a source of accurate evidence with which a historian’s history book can be created. Rather, what this monumental and extremely informative volume amounts to being is a vast documentation, from an Anglo-American perspective, of what MI-6 and its allies have agreed to make public about what they now know of Soviet foreign policy and KGB practices, and of how Russian diplomacy and the KGB’s successors might function in the future.

That this is not a detached and disinterested history of intelligence is revealed by the three chapters on the subcontinent which have been causing a stir in India for the wrong reasons.

Everyone in the 1970s and through the 1980s knew of the tight grip around New Delhi’s policy-making circles of top bureaucrats, academics, journalists etc who were blatantly and incorrigibly pro-Soviet, some being active communists or fellow- travellers. Some of those complaining today know fully well that a cardinal implicit reason the CPI(M) broke from its parent party had to do precisely with Moscow’s control of the CPI. Moreover, while it might have been newsworthy when the KGB honey-trapped a senior diplomat or a junior cipher clerk in the Indian Embassy now and then, there were also hundreds of public sector bureaucrats, military personnel, journalists, technology professors, writers, artists, dancers et al who were treated most hospitably by the Soviet state – getting freebies flying to Soviet cities, being greeted by singing Young Pioneers, touring L’Hermitage with Intourist, receiving dollar honoraria and splendid gifts, sitting in on “technical training”, even receiving bogus Soviet doctoral degrees to allow themselves to be called “Dr” etc. Purchasing influence in New Delhi or any other capital city has never been merely a crude matter of cash-filled suitcases sloshing around in the middle of the night. Much of what Mitrokhin’s material says about the KGB’s penetration of India should, candidly speaking, generate but a desultory yawn from us –although even this book seems not to know that Narasimha Rao’s infamous, catastrophically damaging remarks in August 1991, in favour of the abortive KGB coup led by Kryuchkov against Gorbachev and Yeltsin, had been prompted by a staunchly pro-Soviet retired Indian diplomat at his side long-associated with the CPI.

Yes there are many titbits in this book that may be of interest from an Indian perspective — such as that Sanjay Gandhi’s entourage contained both a Soviet and an American mole in it (where are they now?). But what may be far more interesting to us today is what can be deduced from what Mitrokhin is silent about. For example, India and the Soviets were close allies in 1971 when Kissinger had teamed up with Yahya Khan and Bhutto to send Nixon to China. It is well known our Army Chief, General Maneckshaw, had demanded and received from Indira Gandhi and Jagjivan Ram enough time to prepare to go to war, and when Maneckshaw finally did move to liberate Bangladesh in December, it surprised Yahya and the Americans. Were the Soviets also quite surprised? If so, it would mean that although the Indian establishment was as porous as a sieve with respect to arms’ deals etc, on a matter of paramount national interest, namely, the just war on our own against Yahya Khan and Tikka Khan’s brutality in East Pakistan condoned by Nixon and Kissinger, India had kept her secrets secure. If, as seems likely, Indira Gandhi and her overtly communistic advisers had kept India’s war plans from not leaking to the KGB between March and December 1971, we may not have been in fact too badly compromised despite the widespread “shallow” penetration that occurred through corruption all around in the bureaucracy, academic institutions, media, political parties, etc.

Mitrokhin’s material describes this kind of shallow corrupt penetration that everyone knew was (and still remains) part of the lobbying process in Delhi. But there is no evidence in the book that the KGB knew of General Maneckshaw’s military preparations or plan of action until the lights went out in a blackout in Delhi on the night of December 2 1971 — that at least is something of which Indians may be slightly proud today. The same goes for the Pokhran nuclear tests. It is well known the CIA was caught by surprise by Pokhran-II in 1998; was the KGB caught by surprise by Pokhran-I in 1974? Probably so. Equally, the book says the KGB had at one point cracked Pakistani codes; did the Soviets share this information with India? Almost certainly not. Our Government’s chummery with the Soviets during the Cold War probably stopped well short of complete incest.

Unfortunately, many questions of interest to India or other countries have simply not been asked in the book. The Soviets (and Harold Wilson) had seemed to broker the India-Pakistan ceasefire in 1965, and Lal Bahadur Shastri died the day after he signed the Tashkent Declaration. What is the inside KGB information on that?

We do not know from this book. What do Soviet archives say about communist influence through the 1940s in Jammu & Kashmir (upon some of the very names who became Indira Gandhi’s inner circle later in Delhi)? Or about the uncritical adoption in the 1950s of Sovietesque economic models by the Planning Commission (and the suppression of Milton Friedman’s November 1955 memorandum to the Government of India, as well as the tarnishing of BR Shenoy as a CIA agent)? The answers are not present in this book because these and analogous questions of interest to India or many other countries simply have not been asked. Mitrokhin’s material has been mined only from an Anglo-American point of view, and until it is thrown open completely to everyone, a detached and disinterested history of permanent and universal interest on the important matters it touches upon is not available.

Several factual and methodological problems result as a consequence, and these need to be identified for purposes of future progress in understanding. For example, the book speaks many times of the KGB having forged or fabricated documents around the world as a technique of spreading disinformation.

Doubtless this was standard operating procedure for intelligence agencies but it is left completely impossible for the average reader to come to any assessment whether a given document mentioned was genuine or forged.

Consider a case in Iran. The book states that in February 1958, the KGB “forged a letter from the American Secretary of State, John Foster Dulles, to his ambassador in Tehran belittling the Shah’s ability and implying that the United States was plotting his overthrow. The Teheran residency circulated copies of the letter to influential Iranian parliamentarians and editors in the confident expectation that one would come to the attention of the Shah – which it duly did. According to the KGB files on the operation, the Shah was completely taken in by the fabricated Dulles letter and personally instructed that a copy be sent to the US embassy with a demand for an explanation. Though the embassy dismissed it as a forgery, the Teheran residency reported that its denials were disbelieved. Dulles’s supposedly slighting references to the Shah were said to be a frequent topic of whispered conversation among the Iranian elite.” (p. 171)

It is impossible for anyone who has not seen this document or other supporting evidence to come to any assessment of what actually happened here. Matters are made worse by a note that says the KGB “claimed improbably that the Americans blamed the forgery not on the KGB but the British, who were said to be jealous of the strength of US influence in Iran”.

Was the document genuine or was it forged and if so by whom? If forged, must we believe the KGB was so astute in 1958 in its knowledge of American idiom that it could achieve the tremendous deception of mimicking the greatest of Cold Warriors writing to his own ambassador, enough to fool the Shah of Iran who had been placed in power by the very same Americans? No one can really tell unless the documents are opened up completely.

Another example is of more topical interest, and also reveals that this book must be seen as a contribution to a continuing (if friendly and academic) battle between rival intelligence agencies. Yevgeny Primakov, the former KGB chief and reformist Prime Minister (and Soviet Ambassador to India) is quoted as saying about the American help to the Pakistan-based guerrillas against the Soviets in Afghanistan: “the idea of deploying the Stingers (shoulder-held ground-to- air-missiles) was supplied by Osama bin Laden, who had been cooperating closely with the CIA at the time.” (Russian Crossroads, Yale University Press, 2004.)

Professor Andrew denies this flatly: “There is no support in the Mitrokhin material (or any other reliable source) for the claim that the CIA funded bin Laden or any of the other Arab volunteers who came to support the mujahideen. Most were funded through charities and mosques in the Middle East, especially Saudi Arabia and the Gulf states, and were frequently viewed with suspicion by the Afghan mujahideen.” (p. 579)

It is obvious why this question is important: if Primakov is right and Andrew is wrong the Americans must be acutely embarrassed in having been allies or supporters or financiers not long ago of the very same Bin Laden who has now become their most bitter enemy. The United States Government’s “9/11 Commission” in 2004 made a much weaker statement than Professor Andrew: “Saudi Arabia and the United States supplied billions of dollars worth of secret assistance to rebel groups in Afghanistan fighting the Soviet occupation. This assistance was funnelled through Pakistan: the Pakistani military intelligence (ISID) helped train the rebels and distribute the arms. But Bin Laden and his associates had their own sources of support and training and they received little or no assistance from the United States…. In his memoirs, (Bin Laden’s deputy) Ayman al Zawahiri contemptuously rejects the claim that the Arab mujahideen were financed (even `one penny’) or trained by the United States… CIA officials involved in aiding the Afghan resistance regarded Bin Laden and his `Arab Afghans’ as having been militarily insignificant in the war and recall having little to do with him.”

Bin Laden was a callow youth when he got to Afghanistan shortly after the Soviet invasion in December 1979. Yet his contributions of funds, military effort and religious zealotry made him emerge age 33-34 as the “Emir” of Al Qaeda by the time the Soviets were compelled to withdraw in 1989, having suffered 14,500 dead. The Americans then began to lose interest in the region and in their Pakistani clients, and it was in that atmosphere that Pakistan decided to declare its independence in the world with its clandestine nuclear programme (never having felt part of the nationalist movement which led to Indian independence in 1947). It was in the same period that Bin Laden and Al Qaeda grew to become implacable and formidable enemies of the West, which culminated in the 9/11 mass murders in 2001. The claim that while the CIA certainly supported “Afghan” jihadists, it did not support Arab or African ones like Bin Laden and his friends is highly implausible. The New Yorker and Washington Post reported in 1986 the CIA supplying and training Hekmatyar’s “Hizbe-Islami” in the use of Stinger missiles to bring down Soviet aircraft. It is impossible to imagine the admittedly myopic American policy at the time included checking passports of these trainee- beneficiaries, saying “OK, you’re an Afghan resistance fighter you get a Stinger, you’re an Arab/African terrorist-of-the-future-who-may-attack-New York, you don’t”. Professor Andrew quotes positively the work on Bhutto of Raza Anwar, the Pakistani socialist, but he may have been unaware of Anwar’s The Tragedy of Afghanistan (Verso, 1988) where the precise nature of the American, Chinese and Arab support for the thousands of guerrillas in the dozens of camps in Zia’s Pakistan is quite fully and objectively documented. Foreign jihadists in Jammu & Kashmir came to be known as “Afghans” because they were veterans of the Afghan conflicts, not because they were Afghan nationals. Unlike Britain’s MI-6, the United States Government’s 9/11 Commission has made no bones about the connection between Bin Laden and the Pakistani ISI whose intent has been to attack India: “Pakistan’s rulers found these multitudes of ardent young `Afghans’ a source of potential trouble at home but potentially useful abroad. Those who joined the Taliban movement, espousing a ruthless version of Islamic law, perhaps could bring order in chaotic Afghanistan and make it a cooperative ally. They thus might give Pakistan greater security on one of the several borders where Pakistani military officers hoped for what they called `strategic depth’ (…. Pakistan’s need for a friendly, pliable neighbour on the west due to its hostile relationship with India on the east.)… It is unlikely that Bin Laden could have returned to Afghanistan (in 1996) had Pakistan disapproved. The Pakistani military intelligence service probably had advance knowledge of his coming, and its officers may have facilitated his travel. During his entire time in Sudan, he had maintained guesthouses and training camps in Pakistan and Afghanistan. These were part of a larger network used by diverse organisations for recruiting and training fighters for Islamic insurgencies in such places as Tajikistan, Kashmir and Chechnya. Pakistani intelligence officers reportedly introduced Bin Laden to Taliban leaders in Kandahar, their main base of power, to aid his reassertion of control over camps near Khowst, out of an apparent hope that he would now expand the camps and make them available for training of Kashmiri militants.”

Regardless of the fondness of the very strong lobby of British apologists (led by a former British High Commissioner to Pakistan) for the ISI and Pakistani Army, no detached history of modern intelligence in our part of the world can be written which whitewashes the misdeeds of Pakistan’s generals over several decades. Aside from what The Mitrokihn Archive II signifies about our region, there is a great amount of invaluable material on other parts of the world too, from Chile and Peru to Cuba and Nicaragua, to South Africa and Egypt and Israel, to China and Korea and Japan.

Indeed the keenest pages have to do with the internecine tensions between communists, like Castro and Gorbachev, or Khrushchev and Mao Zedong, in which no Anglo-American interests were involved. We in India have had our share of academic apologists and fellow travellers for totalitarian communist China, but the roots of the Sino-Soviet split have never come to be aired in Indian discussion. Professor Andrew is a leading member of the vitally important Cold War International History Project at the Woodrow Wilson Center in Washington DC, whose website displays new and vitally important data from formerly communist countries (like Mongolia, Russia and East Germany) about how Chinese communists saw and felt about India, Pakistan, Tibet etc, which needs urgent attention from serious Indian observers. The Mitrokhin Archive II gives us a privileged glimpse of some of what happened: “The Sino-Soviet split in the early 1960s brought to an acrimonious end the deference from the PRC which Stalin had taken for granted. The first public attack on Moscow was made by Mao’s veteran security chief, Kang Sheng, whose ferocious purges during Mao’s Great Leap Forward were largely modelled on techniques he had learned in Moscow during the Great Terror. On the Soviet side, the ideological dispute with China was compounded by personal loathing for Mao – the `Great Helmsman’ – and a more general dislike of the Chinese population as a whole, Khrushchev `repeatedly’ told a Romanian delegation shortly before his overthrow in 1964 that `Mao Zedong is sick, crazy, that he should be taken to an asylum, etc.” An assessment of Chinese national character circulated to KGB residencies by the Centre twelve years later claimed that the Chinese were `noted for their spitefulness’. What most outraged both the Kremlin and the Centre was Beijing’s impudence in setting itself up as a rival capital of world Communism, attempting to seduce other Communist parties from their rightful allegiance to the Soviet Union. Moscow blamed the horrors of Pol Pot’s regime… on the takeover of the Cambodian Communist Party by `an anti-popular, pro-Beijing clique’.

If nothing else, The Mitrokhin Archives II provides an honest opportunity for India’s Left to come clean with their frank and non-ideological opinions about Soviet, Chinese and other communist histories, and hence to candidly gain self-knowledge. Will they take it? Are there any George Orwells out there?

Kolkata, October 5 2005

Iqbal & Jinnah vs Rahmat Ali in Pakistan’s creation

Iqbal & Jinnah vs Rahmat Ali in Pakistan’s Creation

By Dr Subroto Roy

First published in Dawn (Karachi) Encounter September 3 2005

MUHAMMAD IQBAL (1877-1938) was the poetic and spiritual genius who (at least in the 20th Century) inspired the notion of a Muslim homeland in northwestern India. His seminal 1930 presidential speech to the Muslim League in Allahabad laid the foundation stone of the new country that was yet to be. He said “I would like to see the Punjab, Northwest Frontier Province, Sind and Baluchistan amalgamated into a single state. Self-government within the British Empire or without the British Empire, the formation of a consolidated North West Indian Muslim state appears to me to be the final destiny of the Muslims at least of Northwest India…”.

Iqbal did not see such a Muslim state being theocratic and certainly not one filled with anti-Hindu bigotry:

“A community which is inspired by feelings of ill-will towards other communities is low and ignoble. I entertain the highest respect for the customs, laws, religious and social institutions of other communities… Yet I love the communal group which is the source of my life and my behaviour… Nor should the Hindus fear that the creation of autonomous Muslim states will mean the introduction of a kind of religious rule in such states… I therefore demand the formation of a consolidated Muslim state in the best interests of India and Islam. For India it means security and peace resulting from an internal balance of power, for Islam an opportunity to rid itself of the stamp that Arabian Imperialism was forced to give it, to mobilise its law, its education, its culture, and to bring them into closer contact with its own original spirit and the spirit of modern times”.

Now such a Muslim country as conceived by Muhammad lqbal — and which, as it happens, constitutes more or less the territory of present-day Pakistan other than East Punjab— did not necessarily have to receive the name it did come to receive. It might have been named “Dar-e-Islami-Hind” or the “Indus Islamic Republic” or “Indic Islamabad” or “The Republic of North-Western India” or some other such appropriate appellation — even “Iqbalistan” perhaps or some name deriving from Iqbal’s notion of “khudi” which he had developed from his admiration as a young man for the philosophy of Friedrich Nietzsche.

Nor did Mohammad Ali Jinnah (1876-1948) himself, the explicit and acknowledged political founder of the new country, use the appellation that it did come to have, not even when he introduced the Lahore Resolution in the 1940 meeting of the Muslim League which aimed to implement Iqbal’s idea. It was Iqbal who persuaded Jinnah to return to India from England, where Jinnah had settled in a law practice again after his first stint in Indian politics, and in 1934 Jinnah had done so when elected to the Central Legislative Assembly in a reserved seat for Bombay Muslims.

By 1938 Jinnah had declared his permanent opinion: “Congress leaders may shout as much as they like that the Congress is a national body. But … (the) Congress is nothing but a Hindu body”. Finally, at the Lahore session of the Muslim League in 1940, Jinnah introduced the idea: “That geographically contiguous units are demarcated into regions which should be so constituted, with such territorial readjustments as may be necessary, that the areas in which the Muslims are numerically in a majority, as in the North-Western and Eastern zones of India should be grouped to constitute Independent States in which the constituent units shall be autonomous and sovereign”.

Who had seconded Jinnah’s Lahore Resolution? It had been Sikander Hyat Khan, leader of the Punjab Muslims, and Fazlul Haq, leader of the Bengal Muslim peasantry. Jinnah as of 1940 had been most conspicuously a leader of Muslims only in the Muslim-minority provinces of British India, and clearly had felt it necessary to demonstrate that in proposing the Lahore Resolution he had the support of the two leaders of the two largest Muslim-majority provinces, Punjab and Bengal.

Sikander Hyat Khan had been due to become Deputy Governor of the Reserve Bank of India in Bombay in 1936 when instead he returned to Punjab to lead the Unionist Party of Muslim, Sikh and Hindu landlords in 1937. “The Sikander-Jinnah pact stipulated that the Unionist Party of the Punjab, led by Sikander, would retain full autonomy of the affairs of the province.” Fazlul Haq would later conceive with Sarat Bose (elder brother of Subhash Bose) of a Muslim majority “United Bengal” in an attempt to keep Calcutta out of the new India, a notion which would have Jinnah’s backing but otherwise would not get anywhere. Support for the Lahore Resolution among the Muslims of the princely states like Jammu and Kashmir or Hyderabad was conspicuous by its absence. Neither were they mentioned in Iqbal’s seminal 1930 speech nor in Jinnah’s 1940 Lahore Resolution backed by Sikander Hyat Khan and Fazlul Haq. What has been called the “Paradox of Kashmir” is that prior to 1947 Jammu and Kashmir did not seem to appear in any discussion whatsoever, and yet it has consumed almost all discussion ever since.

To this must be added now another newly understood dimension having to do with the conceptualization and foundation of the new country not only by lqbal the poet and Jinnah the politician, but by the third and upstart founder of Pakistan: its young radical Islamist ideologue, Chowdhury Rahmat Ali (1895-1951).

Official Pakistan has venerated Iqbal and accorded Jinnah due honour and respect but has apparently treated Rahmat Ali as the lunatic uncle who has needed to be locked up secretly in the attic. Yet Rahmat Ali’s impact on the creation of Pakistan and events in the subcontinent equalled those of his two better educated, more respectable and eminent compatriots — and may yet come to exceed them (not necessarily salubriously).

Rahmat Ali was born in a village in Hoshiarpur district of Punjab in 1895, making him almost 20 years younger than Iqbal and Jinnah. He matriculated from Jullunder and graduated in 1919 from Islamia College, Lahore. About 1931, having “accumulated some money as a legal advisor to a Baluchi landlord”, he arrived in England and took admission in Emmanuel College, Cambridge.

By way of studies, Rahmat Ali may have passed a set of Part I exams but not perhaps the Part  II. There does not seem to be any record of him attending the Inns of Court or of being called to the Bar, though he styled himself “Barrister at Law” in his writings. According to the obituary he received in the Emmanuel College Magazine of 1950-51, “he made Cambridge his home, shifting a little unhappily from lodging to lodging, and using, perhaps rather more than was proper, the College as an accommodation address.”

Interviews with his landlady and housekeeper-secretary, conducted by Dr Taufiq Shelley in 1970-71, yielded that Rahmat Ali was a devout pious Muslim who along with a few compatriots had been secretly and secretively very active as a pamphleteer from England creating and spreading among India’s Muslims a radical Islamist ideology for Pakistan, even founding something called the “Pakistan National Liberation Movement”.

Rahmat Ali was inspired by Iqbal’s 1930 call for a Muslim state in northwest India but felt Iqbal had been too vague and was disappointed that Iqbal had not pressed the issue at the Third Round Table Conference. In 1933, apparently on the top floor of a London bus, Rahmat Ali invented for Iqbal’s imagined political entity the name “PAKSTAN”, the P standing for his native Punjab, the A for Afghania, K for Kashmir, S for Sind, and the STAN allegedly doubling up for Balochistan.

Rahmat Ali sought a meeting with Jinnah in London, met him and pressed the name ‘Pakstan’ upon him as a possible nomenclature. “Jinnah disliked Rahmat Ali’s ideas and avoided meeting him”. Jinnah pointed out to Rahmat Ali he had failed to consider the other Muslim majority province, Bengal, as well as Muslim minority regions.

At this, Rahmat Ali produced a general scheme of Muslim domination all over the subcontinent: there would be “Pakistan” in the northwest including Kashmir, Delhi and Agra; “Bangistan” in Bengal; “Osmanistan” in Hyderabad; “Siddiquistan” in Bundelhand and Malwa; “Faruqistan” in Bihar and Orissa; “Haideristan” in UP; “Muinistan” in Rajasthan; “Maplistan” in Kerala; and even “Safiistan” in “Western Ceylon” and “Nasaristan” in “Eastern Ceylon”, etc. The map deriving from such a crank view of history was published by Rahmat Ali in 1934 and came to be widely circulated in his pamphleteering among Indian Muslims at the time.

Rahmat Ali was vituperative in his bigotry against Hindus, referring to the Indian nationalist movement as a “British-Banya alliance” presumably in reference to MK Gandhi’s caste. He even declined to refer to an “India” as having ever existed at all and instead personally renamed the entire subcontinent as “Dinia”, and the oceans and the seas around India as the “Pakian Sea”, the “Osmanian Sea” etc. He urged Sikhs to rise up against the Hindus in a “Sikhistan” (and might have interacted with Master Tara Singh), and indeed urged all of India’s peoples who were not Hindus to rise up in war against Hindus. Given the obscurity of the facts of his life before his arrival at Emmanuel College, what experiences may have led him to such extreme bigotry towards Hindus are not known.

When in 1947 a new but “moth-eaten” country had come to be named with the word he had coined on a London bus more than a dozen years earlier, and was a country which had two “wings” after a partition — the more populous “East Pakistan” and the more arrogant “West Pakistan” — Rahmat Ali turned his wrath from England upon its new government. He condemned Jinnah as being treacherous, and then newly re-interpreted his letters P, A, K, I, S, T, A, N to now refer to Punjab, Afghania, Kashmir, Iran, Sindh, Tukharistan (sic), Afghanistan, and Balochistan.

The word “pak” coincidentally meant pure in Arabic, so Rahmat Ali began to speak of Muslim believers anywhere as being the “Pak” i.e. “the pure” people, and of how the national destiny of the new Pakistan should be to liberate “Pak” people everywhere, including the new India, and create a “Pak Commonwealth of Nations” stretching from Arabia to the Indies. The map he now drew placed the word “Punjab” over Jammu & Kashmir. Thus as of 1947 or so, Rahmat Ali’s crank view of history led to an Asia dominated by a “Pak” empire: However, when Rahmat Ali landed in the new country whose name had been invented by him, he was apparently placed under arrest and deported back to England immediately. In a previous visit to Sikander Hyat’s Punjab, he had been apparently assaulted. He had not been invited to the promulgation of the Lahore Resolution, which, even though it did not refer to his name Pakistan, came to be called the Pakistan Resolution.

Shunned by the officialdom of the new country which now carried the name he had invented, Rahmat Ali died in poverty and obscurity in England during an influenza epidemic in 1951; the Master of Emmanuel College paid for his funeral and was later reimbursed for this by the Government of Pakistan.

In recent years Rahmat Ali has been undergoing a restoration, and his grave at Cambridge has become a site of pilgrimage today for Pakistan’s Islamist ideologues, while his maps, writings and rantings have been reprinted in, e.g., The Nation newspaper in Pakistan as recently as February 2005.

At best, Rahmat Ali may be described as a pious and devout Muslim who was a sincere and ardent Islamist ideologue. At worst he was a deeply bigoted crank and a reactionary Muslim imperialist. His views on Hindus are not far in the level of their depravity from the views of the author of Mein Kampf on the Jews — and ironically the author of Mein Kampf had been a model for a few Hindu authors at the time who wrote with equal bigotry about the Muslims of India.

Indeed Rahmat Ali’s views against Hindus may be classified with those of other bigoted views at the time such as those against Jews or against Muslims, which may all well have been examples or models or counterfoils for one another in the crank fringes of rival ideological movements at the time.

The anti-Hindu bigotry of Rahmat Ali’s views would explain why they were anathema to Jinnah, the secular-minded constitutionalist. Like other Muslim nationalists of his time such as Attaturk, Nasser, Mossadeq or even Saud himself, Jinnah would have been embarrassed to be promoting a reactionary Islamic imperialism in that modernising era that was the middle of the 20th century.

Dr Roy along with WE James created the book Foundations of Pakistan’s Political Economy: Towards an Agenda for the 1990s (Sage, Delhi, OUP, Karachi 1992). His most recent book is one edited with John Clarke, Margaret Thatcher’s Revolution: How it Happend and What it Meant (Continuum, London & New York 2005, 2006).

Can India Become an Economic Superpower or Will There Be a Monetary Meltdown? (2005)

In 2005, I returned to Britain thanks to an invitation from Professor Patrick Minford of the Cardiff Business School, Cardiff University, to deliver a lecture on India’s Money at his Economics Seminar. www.cardiff.ac.uk/carbs/research/seminars.html
“Wednesday 13 April 2005 Dr Subroto Roy /India’s Money/ 4.30pm, Room S01 (Economics Seminar Series)

The same lecture was delivered at the Institute of Economic Affairs, London, a fortnight later under the title “Can India Become an Economic Superpower or Will There Be a Monetary Meltdown?”. The IEA’s summary of the lecture was as follows

http://www.iea.org.uk/record.jsp?type=news&ID=263

27 April 2005

“Leading Indian economist, Dr. Subroto Roy discusses the prospects of the Indian economy and warns of dangers ahead.

Can India become an economic superpower or will there be a monetary meltdown?

Dr. Roy discussed the prospects for the Indian economy at a lecture at the IEA on 27th April. Below is a synopsis of his lecture, outlining his hopes and concerns.

New technological progress in a myriad of ways, as well as the discovery of new resources, plus a possible peace-dividend arising from reduced regional tensions and conflict, are all important factors contributing to real economic growth in India today.

While the real side of the economy does well, the “nominal” economy, within the Government’s control, displays disconcerting trends. Continual deficit financing for half a century has led to exponential growth of public debt and broad money. The vast growth of time-deposits in banks may have been misinterpreted as indicating a real phenomenon such as unusual savings behaviour when it is more likely to be a nominal phenomenon resulting from increasing amounts of government debt being held by the largely nationalised banking sector. (The same may be true of China).

Twenty-one years ago, the author’s IEA Occasional Paper No. 69, Pricing, planning and politics: a study of economic distortions in India, proposed microeconomic reforms provoking the Times‘ lead editorial of May 29 1984. Some of these came to be implemented following the author’s role as a senior adviser to Rajiv Gandhi in 1990-1991. Now, monetary and fiscal reforms of a classical liberal nature are vitally necessary if a macroeconomic meltdown is to be prevented. Important among these are complete budgetary transparency, fiscal discipline improving the social productivity of all public expenditure, and monetary and financial policies to restore the integrity of the currency at home and abroad. Dr. Roy was Wincott Professor at the Department of Economics at the University of Buckingham last year. He is editor of Margaret Thatcher’s Revolution available from the recommended books page of the IEA’s website.”

When I returned to India, I was invited to give the same lecture on May 5 2005 to the Reserve Bank of India’s Monetary Economics Seminar, chaired by Chief Economist Dr Narendra Jadav; the invitation came thanks to the intervention of Dr S. S. Tarapore. I subsequently informed a few of India’s key monetary policy decision-makers of these lectures, and I was happy to see policy talk emanating from Delhi and Bombay becoming a little less drunken and disorderly than it had been before.

Subroto Roy, April 14 2007

Margaret Thatcher’s Revolution: How it Happened and What it Meant

Margaret Thatcher’s Revolution: How it Happened and What it Meant, edited by Subroto Roy & John Clarke, London & New York: Continuum, 2005, 2006.

Pricing, Planning & Politics: A Study of Economic Distortions in India (1984)

Pricing, Planning & Politics: A Study of Economic Distortions in India Subroto Roy

First published on May 29 1984 as Occasional Paper No. 69 of the Institute of Economic Affairs, London

Preface March 2007

A quarter century has passed since my 1982 doctoral thesis at Cambridge University under Frank Hahn, examined by Christopher Bliss and Terence Hutchison, and titled “On liberty and economic growth: preface to a philosophy for India.” I wrote what follows shortly afterwards in Blacksburg, Virginia, and Ithaca, New York, and it was published on May 29 1984 in London by the Institute of Economic Affairs as Occasional Paper No. 69, ISBN: 0-255 36169-6. The day it was published it turned out to be the subject of the main editorial of The Times, then London’s leading newspaper. (I learnt later this had been due to Peter Bauer, and also that 700 copies sold in the first month, a record for the publisher.) The Times editorial though laudatory was misleading, and I had to clarify the contents of the monograph in a letter published on June 16 1984; both documents are available elsewhere at this site.

This work was the first explicit critique of post-Mahalanobis Indian economic thought from a classical liberal perspective since B. R. Shenoy’s initial criticism decades previously. I was 29 when it was published, I am 52 now. I do not agree with everything I wrote back then and find the tone a little puffed up as young men tend to be; it was five years before publication of my main “theoretical” work Philosophy of Economics: On the Scope of Reason in Economic Inquiry (Routledge: London & New York, 1989, also now republished here). My experience of life in the years since has also made me far less sanguine both about human nature and about America than I was then. But I am glad to find I am not embarrassed by what I said as a young man, indeed I am pleased I said what I did in favour of classical liberalism and against statism and totalitarianism well before it became popular to do so after the Berlin Wall fell. (In India as elsewhere, former communist apparatchiks and fellow-travellers became pseudo-liberals overnight.)

The famous November 1955 Milton Friedman memorandum is referred to herein for the first time as “unpublished” in note 1; I was to meet Milton and Rose Friedman at the Mont Pelerin Society meetings held at Cambridge later that year, where I gave them a copy of this monograph; when Milton returned to Stanford he sent to me in Blacksburg his original 1955-56 documents on Indian planning. I published the 1955 document for the first time in May 1989 during the University of Hawaii perestroika-for-India project that I was then leading, it appeared later in the 1992 volume Foundations of India’s Political Economy: Towards an Agenda for the 1990s, edited by myself and WE James. The results of the Hawaii project reached Rajiv Gandhi through my hand in September 1990, as told elsewhere in “Rajiv Gandhi and the Origins of India’s 1991 Economic Reform”. The 1956 document was published in November 2006 on the front page of The Statesman, on the same day my obituary of Milton appeared in the inside pages (both are republished here too).

It is apparent from this monograph that I knew almost nothing then about Pakistan or Islam; that has changed as may be seen especially from the other book I created with WE James at the University of Hawaii, Foundations of Pakistan’s Political Economy: Towards an Agenda for the 1990s, as well as my more recent work on Pakistan and Islam. It is of course impossible to understand India without understanding Pakistan and vice versa.

In general, this monograph had to do with India’s microeconomics and theory of value and resource allocation while my latest work – “India’s Macroeconomics”, “Fiscal Instability”, “India’s Trade and Payments”, “Our Policy Process”, “Fallacious Finance”, “The Dream Team: A Critique” . “Against Quackery”, “Growth & Government Delusion” etc – has to do with India’s macroeconomics and monetary and fiscal theory and policy. Part of the criticism of “distorted incentives” prevailing in Indira Gandhi’s India may still be relevant to India today, while the discussion of ethnic problems, agriculture, the “public choice” factors that stymie Indian progress, misgovernance etc will almost certainly be found so.

Pricing, Planning and Politics:

A Study of Economic Distortions in India

First published on May 29 1984 as Occasional Paper No. 69 of the Institute of Economic Affairs, London

“The economic laws which operate in India are the same as in other countries of the world; the causes which lead to wealth among other nations lead to prosperity in India; the causes which impoverish other nations impoverish the people of India. Therefore, the line of enquiry which the economist will pursue in respect of India is the same which he adopts in inquiring into the wealth or poverty of other nations.” Romesh Chunder Dutt, 1906, The Economic History of India

“Satyameva Jayathe” (“Let truth be victorious”), Motto of the Indian Republic

I. INTRODUCTION

IN THE last 15 years, considerable evidence has accumulated to suggest that the most important policies pursued by successive governments of independent India have not been conducive to economic development, and have indeed gone against some of the most basic lessons that political economy has to offer. Forewarnings of the present predicament of India had come from a few economists in the late 1950s and early 1960s, but their arguments were either ignored or maligned as dogmatic and motivated by`ideology’.[1] My thesis in this Occasional Paper will be that, if the basic and commonsensical lessons of political economy had been acknowledged early on in the history of the Indian Republic, we might have found today a much more prosperous economy and a much healthier body politic than is the case.

To argue this, it is first necessary to describe an economy where the pursuit of the individual good by rational agents is conducted within some set of orderly political institutions which is conducive to both civil peace and sustained mass prosperity. Accordingly, Part I of this short Paper begins by describing the broad and familiar features of what may be called a neo-classical or liberal model, and then proceeds briefly to contrast it with a model in which individual incentives and public institutions have been distorted from their efficient characterizations.

The practical question that arises is: Where in practice have independent India’s policies led most conspicuously to distorted incentives and institutions? This will be the subject of Part III. Part II places the discussion in context by briefly describing a few relevant aspects of the political history of the Indian Republic.

I have argued elsewhere that every normative proposal for action is, in principle, open to question and criticism on the logical and factual grounds upon which it is founded. Whenever two people disagree about what ought to be done, it will be found either that at least one of them has made a mistake of logic or that they are also in disagreement about the facts of the case.[2] In Part IV, a tentative manifesto for political and economic reform in India is proposed, and I hope these proposals too will be subjected to critical scrutiny on the positive grounds upon which I shall seek to establish them.

Part I: Theory

2. EFFICIENT INCENTIVES AND INSTITUTIONS

A `FACT’ may be understood as the opposite of that which could have been the case but is not. A basic fact of the study of men and society – one which was acknowledged first by Aristotle and then, very importantly, by Adam Smith, and which has been emphasized in modern times by Friedrich Hayek – is that, while we are able to study and speak of the nature of human decision and action in general terms, we do not and cannot have a knowledge of how particular actions are moved by particular causes and circumstances.[3]

We might certainly know, for instance, that every household in an economy views some horizons, wants to fulfill some aspirations, and faces some constraints. But if we were asked to specify what all these characteristics happened to be as a matter of fact at any one moment, we would certainly not be able to do so. Men are concerned almost wholly with (and are experts at) living their own lives as best they can – foraging for food, shelter and work, celebrating weddings and births, rearing children, and mourning deaths. For the most part, they are neither interested in, nor competent at judging, what others happen to be doing in their private lives. Neither benevolence nor envy extends much beyond a man’s immediate vicinity, and, certainly, neither can extend to people he does not know or come to know of in the course of a lifetime.

This fact is also acknowledged in modern microeconomics, when it is said that, for the individual agent to be able to make decisions and act upon them, it is sufficient for him to know (besides his own desires, abilities and constraints) only of the relative prices prevailing locally of the goods and skills he wishes to trade.`Efficient incentive’ defined We might then provisionally define an `efficient incentive’ as a set of relative prices and wages such that, when economic agents act upon them, three conditions are fulfilled:(i) the difference between the total demand for and the total supply of every good and skill is zero; (ii) every consumer succeeds in trading the amounts of different goods that he desires, and so obtains the highest utility he can within the constraint of his budget; (iii) every private enterprise maximizes the difference between its total revenues and total costs, that is, its profits. [4]

Rational action, however, occurs within a particular institutional context. Which action is rational and which is not will depend on what institutions there are and how well or poorly they function. As both classical liberals and Marxists argue, the neo-Walrasian tradition in modern economics – as exemplified by the Arrow-Debreu model – is practically devoid of any explicit institutional description, and so may best be regarded as a useful but grossly incomplete metaphor in the economist’s inquiry.

The institutions most relevant to economic activity are those of government. We might therefore add a fourth condition to characterize an efficient economy, namely, that government institutions work in such a way as to allocate tax revenues towards providing public goods in the amounts desired by citizens. This must be an institutional assumption implicit in the general equilibrium construction, without which it would be impossible to see the sense of that model.

The question that follows is how we are to ascertain the composition of the set of public goods to be provided. As is commonly known, this seems to confront the economist with numerous conceptual and practical problems. I propose here to circumvent all the typical difficulties of how to discover and combine individual preferences for public goods, or how to prevent free-riders, and to take a somewhat different route.

Functions of civil government: protection, public goods, education

To answer the question `What should be public goods first and foremost? I suggest we look for the kind of answer Adam Smith or Jeremy Bentham or J. S. Mill might have given to a related but different question : `What should be the functions of government in a large civil society, regardless of whether or not it is constituted democratically?’ This was the relevant question before the modern era of mass democracy. And it is still interesting because, first, it probably remains the appropriate question for the many countries today which either do not have democratic governments or do not have long histories of democracy, and, secondly, because the kinds of answer given by classical authors were very similar to those we might expect from individual citizens in modern democracies as well.

The most important practical functions of civil government include defence against external aggression, the dispensing of civil and criminal justice, the protection of life, property and trade – broadly, the Rule of Law – and the pursuit of a judicious foreign policy. All are different aspects of the same broad objective of ensuring the survival of the community and the security of individual life.

Yet no pretext has been more common than that an imminent danger to the security of the community requires the government to take despotic measures. The guarantee by a civil government of the freedom of inquiry, discourse, criticism, and historical research should take precedence, therefore, even over ensuring security and survival, for it is probably the only final check there can be on whether what a government says is or is not in fact the case. Where this freedom is forcibly denied, or where it exists but people are too apathetic, ignorant or busy with their daily lives to exercise it, public life soon becomes self deceptive and absurd, with propaganda taking the place of discourse, and pretensions and appearances diverging more and more from attainments and reality. Wherever the questions `What is true?’ or `What is the case?’ are not asked frequently enough, there will be fewer and fewer correct answers as to what the case happens to be.[5]
After collective and individual security, the functions of government include the building of dams, embankments, bridges and canals, the provision of roads and fresh water, and so on – activities which, as Adam Smith put it, “. . . though they may be in the highest degree advantageous to a great society, are, however, of such a nature that the profit could never repay the expence to any individual or small number of individuals, and which it, therefore, cannot be expected that any individual or small number of individuals should erect or maintain.” [6]

Each may be more or less a “pure” public good in the modern sense :“that each individual’s consumption of such a good leads to no subtraction from any other individual’s consumption of that good”.[7]

Such a list could be extended to include activities as diverse as: the prevention of soil erosion; the public finance of school education, and’ of measures of basic public health such as vaccinations against contagious diseases; the issuing of currency; sewage disposal; population censuses; the standardization of weights and measures; and so on. It is unnecessary to be more specific here since some people will find even this list controversial. Dogmatists will deny the need for free inquiry; pacifists will dispute that defence is a public good; communists will protest against the public protection of private property; `anarcho-capitalists’ will contest the public dispensation of justice; and so on. To these critics, I would offer merely the following short and incomplete reply.

First, a sound argument can be made that what functions civil government should have can be ascertained, without prejudice, by reasonable citizens, though which particular functions these are may well vary according to circumstances. Secondly, if we could spend time in thoughtful and leisured conversation with every citizen of a large community, it might be predicted – as a matter of cold, empirical fact – that practically everyone would agree with the suggestion that the first destinations of tax revenues should indeed be activities like defence, civil protection and the Rule of Law, the provision of roads, and so on. If such a prediction is correct, my thesis is plainly much more democratic than it might appear to modern economists, though I shall later claim that an objective defence of democratic institutions can be made on quite different grounds as well.

If there is a clear family resemblance between classical liberal authors – from Smith and Mill through to Hayek, Robbins, Friedman, Buchanan, Bauer and many others – it has to do, not so much with the denunciation of government activity in the market-place, as with the recognition of the existence of certain duties of government outside it, the fulfillment of which are indispensable to civil life, let alone the pursuit of economic prosperity. Their protest is at the high opportunity cost of the alternatives foregone.

This raises the question of how we might tell whether government is working well or badly in a particular country at a particular time, or, generally, how we might tell whether different public goods are provided in too small or large amounts. For present purposes it will again be sufficient to suggest a very rough and common sense way of proceeding: let us look first, and think second.

For example, the Iran-Iraq war has clearly been a perfect public bad as far as the ordinary citizenry in either country are concerned. Similarly, if there happen to be millions of cases queuing outside the courts waiting to be heard, or if crime is rampant and police protection ineffective, that may constitute prima facie evidence that too few public resources have been devoted to civil order and justice. Or, if heavy rainfall annually causes landslides in the hills and floods in the plains, devastating crops and leaving innumerable citizens destitute, that also might prompt us to ask whether sufficient public resources have gone towards precautions against such havoc. And so on.[8]

Which goods happen to be public goods depends on the circumstances and the level of government being discussed. For similar circumstances and levels, similar goods will most likely be public goods in different countries. The state ordinarily consists not only of the national government but also of several provincial governments and a myriad of local governments. In particular, a premise of the liberal state would be that public goods should in fact be provided by various levels of government, financed through taxes paid respectively at those levels. The citizen is a taxpayer at a variety of levels, and accordingly public goods are due to be provided at a variety of levels. Just as the national government may not usurp the power to tax for, or spend money on, a public good which is best provided by a provincial government to the citizens of a province, so a provincial government may not tax for, or spend on, a public good best provided by a local government to the citizens of a locality.

The broad principle involved has two aspects: first, a recognition that knowledge of particular circumstances – and hence the ability to act – is infinitesimally dispersed within a population; and, secondly, as direct and visible a matching as possible of the benefits a citizen receives from a particular public good with the taxes he pays towards it, thereby perhaps reducing his incentive to be a free rider on the contributions of others.8Uncertainty and ignoranceProvisionally, therefore, efficient incentives may be thought to consist of a set of market-clearing relative prices and wages, occurring within an institutional context in which the basic and indispensable functions of government have been adequately performed at a variety of appropriate levels.

Such a definition would still be seriously incomplete in one major respect. For we must now recognise: (i) that history is unique and irretrievable, that the present consists only of the fleeting moment, and that the future, by its very nature, cannot be fully known; (ii) that such a thing as human freedom exists; and (iii) that, as a consequence, uncertainty and ignorance are ubiquitous.

Some of the uncertainty derives from the unfolding of natural events (like the rains) over which man has little or no control. The rest derives from the fact that the individual is a free agent who is affected by the actions of others but who cannot predict those actions completely because they too are free agents like himself. Game theory would have had no appeal for the economist if the existence of human freedom had not been a fact. It is this which makes it impossible to read everything in another person’s mind and thus makes it impossible to predict everything he might do. The lasting contribution of Keynesian economics could be its emphasis that such uncertainty and ignorance are important to the economist’s inquiry.

Mathematical economists have been saying for several years that what is required if we are to be realistic are models which reflect the sequential character of actual decision-making and account for the past being immutable and the future uncertain.[9] However, they have proceeded to write even more complex mathematics than we already have – disregarding Aristotle’s advice not to seek more precision from the subject of an inquiry than it may be capable of yielding.[10] My question is the more mundane one of what becomes of the classical liberals’ concept of efficient incentives and institutions in a dynamic world. I shall answer it too in a pedestrian way.

The single overwhelming reason why uncertainty and ignorance are relevant to the economist’s descriptions is that they make real the possibility of mistakes by economic agents. To extend the previous discussion to a dynamic context, what we can do is to ask which institutions are most likely to reduce or mitigate the social consequences of mistaken decisions, whether made by private agents or by those in public office. And it is here that the classical liberals advocate two important institutional features: competition and the decentralisation of decision-making.

The major value of democratic institutions over authoritarian ones is that they encourage these two principles to be put into effect. Because, in a large economy, particular knowledge is infinitesimally dispersed, it may be better for adjustments to a multitude of variables to be made continuously in response to changing circumstances by a vast number of small economic agents, rather than for adjustments to a few variables to be made at political intervals by a small group of very powerful agents. The concentration of power to make major decisions among a few fallible men is a much more ominous prospect than the distribution of power in small amounts among a large number of fallible men. It is much more dangerous for a monopoly of ideas to be claimed about where the political good of a country lies than for there to be free and open competition among such ideas at the bar of reason.

D. H. Robertson put it well when he warned “that all the eggs should not be in the same basket – that in this highly uncertain world the fortunes of a whole trade, or a whole area, should not depend on the foresight and judgement of a single centre of decision”.[11] The presumption in favour of democratic institutions is that they reduce the potential damage from wrong political decisions damage which can be rationally expected in an uncertain world.[12] Elections, in the liberal understanding, are then not so much the means to promote the interests of one’s confederates as to remove from office without bloodshed rulers who fail to do what they are entrusted with, and to replace them by those from whom better is expected. Economic efficiency in an uncertain worldThe economic notion of efficient incentives is also modified by uncertainty and ignorance. In the theory, a set of prices is market clearing only relative to unchanging preferences, resources and technologies. In a dynamic world, however, demand and supply functions are themselves changing and the notion of efficient incentives must accordingly be adapted to one in which relative prices move in the direction of the excess demand: that is, if the parameters change so that the total demand for a good or skill comes to exceed the total supply, we should want to see its relative price rising (and, conversely, if total supply exceeds total demand, we should want to see its relative price falling). During such a process of adjustment, many people may suffer very considerable hardship – something which reasonable Keynesians do well to emphasise.

If changing preferences, resources or technologies cause the demand for a product to diminish, we should want to see the firms which manufacture it either entering different markets, or improving its quality by technological innovation, or lowering prices. Similarly, we should want to see workers in these firms whether blue- or white-collar – who have skills specific to a product whose price is falling either increasing their productivity or retraining themselves in different skills more specific to the manufacture of goods whose prices are rising. Numerous enterprises can go bankrupt, and numerous workers can find themselves unable to sell the skills they possess, if they fail to adapt quickly enough to changing market conditions. The more specialised the product and the more specific the skill, the more hardship there may be. There could well be orthodox Keynesian consequences whereby laid-off workers reduce their consumption expenditures and firms on the verge of bankruptcy reduce their investment expenditures, leading to lower incomes for others, and thus to lower expenditures by them too, and so on. An anti-Keynesian who denied the existence of such hardship would be closed to the facts. He might also not be doing his own theory justice: for it is not unreasonable to argue that, while adjustments are inevitable in an uncertain world, the classical response of prices moving in the direction of excess demand probably minimises the hardship in the transition from one equilibrium to the next.

In a dynamic world, therefore, in which supply and demand functions are shifting continually and unpredictably (though probably incrementally, and not drastically), efficient incentives are better thought of as relative prices which are not stagnant but which are moving – and moving quickly – in the direction of excess demand. It should, in general, be continually profitable at the margin for firms and workers to be innovating technologically and improving productivity. As everyone knows from experience, the principle goad to such activity is fair and free competition. If a job or contract is sought badly enough, and if better quality or lower price are known to be the only criteria of selection, the expected outcome is a differentiation and improvement by competitors of the individual quality or price of what is sold.

In broad summary, the liberal understanding of how material well-being can be improved rests on the assumption that the basic functions of civil government are performed satisfactorily. Government provides the backdrop of civil order and protection necessary for private citizens freely and fairly to conduct their own lives and their transactions with one another. It is a theory which acknowledges a fundamental fact in the study of society, namely, that the individual household : (a) most commonly defines its own horizons; (b) knows the particular opportunities available to it to produce, trade and consume; (c) recognises the particular constraints which prevent it from doing all that it may desire; and(d) perceives how these opportunities and constraints may be changing. Where, as in the liberal picture, there are large numbers of producers and consumers, sellers and buyers – each family acting more or less independently – the efforts of one family do not directly make for other than its own success, while at the same time the repercussions of its mistakes are felt by itself and do not reverberate throughout the whole community. Such has been, as I see it, the American secret to mass prosperity.

3. DISTORTED INCENTIVES AND INSTITUTIONS

DISTORTED INCENTIVES are the logical opposites of efficient ones. Relative prices and wages send distorted signals to individual economic agents when they do not move in the direction of excess demand, so that there is no general tendency for markets to clear. A long-run or endemic excess demand for a good reveals itself in rationing, queueing and black markets. The price at which trade nominally takes place is too low and shows no tendency to move upwards.

Conversely, in a product market, a long-run or endemic excess supply reveals itself in surpluses and spoilages. In a labour market, it reveals itself, on the one hand, in armies of tenured employees who have no incentive to improve productivity, and, on the other hand, in lines of involuntarily or disguised unemployed who cannot sell all the skill they possess and have to settle for selling their less-specialised ones. The price at which trade nominally takes place is too high and shows no tendency to move downwards. In practical terms, firms do not find it profitable to be continually entering new markets or improving quality or enhancing technology or reducing price in order to attract and retain customers. Farmers in particular may face output and input prices which make technological improvements unprofitable.

In politics, distorted incentives are ones which make it profitable for politicians and government officials to be corruptible and taxpayers to be evasive. Because corruption is not penalised and honesty not rewarded, the pursuit of private interest may make it rational to be corrupt and irrational to be honest.

Individualism and statism

A neo-classical economic model like the one outlined above presupposes among citizens a political attitude of individualism. This may be defined as a condition in which citizens have the idea (a) that it is the individual household itself which is principally responsible for improvements in its own well-being, and (b) that government merely “is, or ought to be, instituted for the common benefit, protection and security of the people …”, and that government officials are merely the citizens’ “trustees and servants, and at all times amenable to them.” [13]

Its logical opposite may be called an attitude of statism – defined as prevailing when various classes of citizens have the idea that it is government which is and should be principally responsible for improvements in individual and public well-being. A good sense in which `power’ can be defined in political and economic contexts is as “the capacity to restrict the choices open to other men”.[14] An attitude of statism entails a willingness, or at least an acquiescence, on the part of citizens to relinquish to those in government, with little or no questioning, the power to make decisions which may affect their lives intimately. At the same time, responsibility for relapses or lack of progress in individual well-being is also thought to be the consequence of governmental and not private decision-making. Whereas individualism is a self-assertive attitude, statism is a self abnegating one. For those in government to have a statist mentality is the same as saying they are paternalistic, that is, making the presumption that the citizen is often incapable of judging for himself what is for his own good.

The suggestion that government should have the principal responsibility for improvements in individual and collective economic well-being – in the sense that the collectivity can and should satisfy the material aspirations of every individual – appears straightaway to be self contradictory. An individual can have enough difficulty trying to articulate his own horizons, aspirations and constraints, let alone trying to do the same for others. For a politician (or economist) to claim (or imply) not only that he knows(or can know) the relevant characteristics of everyone at once, but also that he knows how to ameliorate the condition of humanity at a stroke, as if by magic, would have been considered ridiculous in more candid times than ours. If we understand `collective effort’ to mean the sum of individual labours engaged in a common pursuit or endeavour, then for the collectivity to try materially to satisfy every individual would amount to imposing a duty on everyone to try materially to satisfy everyone else – an absurd state of affairs, flying in the face of the fact that most people most of the time do not wish to, or cannot, cope with much else except their private lives.

Exhorting government directly to improve the material wellbeing of `the people’ cannot mean what it seems to because it cannot refer to literally all the people but only to some of them perhaps only a majority, or only the well-organised. That the state is endogenous to the polity implies that no government has resources of its own out of which to disburse the amounts a politician may promise or an economist recommend. To fulfil new promises, given an initial condition of budgetary equilibrium, a government is only able either to print more fiat money or to tax the resources of individual citizens more heavily. Leaving aside the first alternative, fulfillment of the exhortation amounts to using public institutions to transfer resources from some people in order to keep promises made to others.

When the attitude spreads that, in politics, one man’s gain is another man’s loss, and where political control is to be had by winning majorities in elections, the citizen comes to face a perverse incentive to try to coalesce with more and more others in the hope of capturing the public revenues in his favour – instead of thinking critically about the nature of the political good as the institutions of democracy require him to. Political power becomes less dispersed, and the size of the polity diminishes in the sense that it comes to have fewer and fewer constituent agents, each of which is a larger and larger coalition of like-minded confederates intent on acquiring control for its own benefit.

Perhaps the worst consequence of a general attitude of statism, however, is that the basic, commonsensical functions of government are obscured, ignored, and neglected. Instead of requiring politicians and government officials to fulfill these functions, a citizenry allows its public agents to become brokers and entrepreneurs – trading not only in the products of government controlled industries but also in an array of positions of power and privilege, all in the name of directing a common endeavour to help the poor. The state places itself at every profitable opportunity between private citizens who might otherwise have conducted their transactions themselves perfectly well. The result is that governments do, or try to do, what either does not need to be done or ought not to be done by government, while they neglect that which only governments can do and which therefore they ought to be doing.

Part II: History

4. INDIVIDUALISM AND STATISM IN INDIA

AN ATTITUDE of statism has probably been present in India since Mughal times at least. If anything, it spread during the British period since the raison d’être of British rule in India would have vanished without paternalism (as in the course of time it did) and the existence of British rule was the raison d’être of the nationalist movement. Paternalism towards India was espoused even by those Englishmen known for their liberal views at home. Thomas Macaulay, for instance, declared to the House of Commons in 1833: “It may be that the public mind of India may expand under our system till it has outgrown that system; that by good government we may educate our subjects into a capacity for better government; that having become instructed in European knowledge, they may, in some future stage, demand European institutions. Whether such a day will ever come I know not. But never will I attempt to avert or retard it. Whenever it comes, it will be the proudest day in English history.”[15]

Less than a hundred years later, in 1930-31, the Indian National Congress – to the considerable chagrin of the British Government – resolved to bring about an independent India in which every citizen would have the right to free speech, to profess and practise his faith freely, and to move and practise his profession anywhere in the country. There would be universal adult suffrage and no-one would be unjustly deprived of his liberty or have his property entered, sequestered or confiscated. In particular, all citizens in the future republic would be `equal before the law, irrespective of religion, caste, creed or sex’, and no disability would attach`to any citizen by reason of his or her religion, caste, creed or sex, in regard to public employment, office of power or honour, and in the exercise of any trade or calling’.[16]

These resolutions were made in the thick of the battle for independence, and underscored the fundamental argument of the nationalists that, in spite of the infinitely diverse characteristics of the inhabitants of the sub-continent, a free and secular India was possible in which all would be ruled by a common law. That argument had been in contradistinction to the frequent taunt from British Conservatives that an
India without Britain would disintegrate in internecine bloodshed, and also to the later `two nations’ theory of the Muslim League which led eventually to the creation of
Pakistan. With the departure of the British and the Pakistanis, in 1950 the Constitution of the first Indian Republic was finally able to bring into force the idea of secularity which had inspired the nationalist cause. Thus, among the Fundamental Rights established by the Constitution, Article 14 provided that the state `shall not deny to any person equality before the law or the equal protection of the laws within the territory of
India’. Articles 15.1, 15.2, 16.1, 16.2 and 29.2 went on to prohibit discrimination on the arbitrary grounds of religion, race, caste, sex or place of birth in matters of public employment or access to publicly-funded education.

The century between Macaulay and the resolutions for independence was by far the most important to the country’s intellectual history since earliest antiquity. While it took its turbulent course, long severed since the time of the early Greeks – came to be re-established. The common interest and the common contribution became one of admiring and learning from Europe and from India’s own past what there was to be admired and learnt, whilst forsaking and resisting what was self contradictory or base. The maxim for a century might have been : learn the good and let the evil be buried in history. As Tagore wrote :`The lamp of Europe is still burning; we must rekindle our old and extinguished lamp at that flame and start again on the road of time. We must fulfill the purpose of our connection with the English. This is the task we face in the building up of a great India.’[17]

The ideal aspired to was swaraj, or `self rule’. It literally meant not only a government of India by Indians accountable to Indians, but also the governance of the individual by himself. Not only was the country to be sovereign vis-à-vis other states; its individual citizens were to be free vis-à-vis each other and equal before its laws. Swaraj meant, in other words, a condition of political autonomy where the citizen constrained his own free actions so as not to harm others, and where the Rule of Law would protect him when he acted autonomously and resist him when he did not. Given a backdrop of civil order, the infinite number of ways to individual happiness and prosperity in an infinitely diverse sub-continent could then be pursued. Statism all pervading

An attitude of statism, however, has pervaded all public discourse in independent India, and has been reinforced by the social and economic policies pursued by successive governments.

In the first place, a ghost from earlier controversies with the British was to remain in the 1950 Constitution. Immediately after the provisions establishing equality before the law and equality of opportunity in public employment and publicly funded education, the following caveats appeared. Article 15.3 said that the state could make “any special provision for women and children”; and then, of more significance, Article 15.4 allowed the state to make “any special provisions for the advancement of any socially and educationally backward classes of citizens or for the Scheduled Castes and the Scheduled Tribes”.

Article 16.4 allowed it to make “any provision for the reservation of appointments or posts in favour of any backward class of citizens which, in the opinion of the State, is not adequately represented in the services under the State.” Lastly, Article 335 said that “the claims of the members of the Scheduled Castes and the Scheduled Tribes shall be taken into consideration, consistently with the maintenance of efficiency of administration, in the making of appointments to services and posts [under the State] . . .” Who was to decide who was `backward’ and who was not, or which group was to be `scheduled’ and which not? Article 341.1 said that `The President may . . . by public notification specify the castes, races or tribes which shall for the purposes of this Constitution be deemed to be Scheduled Castes’, and Article 341.2 added that `Parliament may by law include in or exclude from the list of Scheduled Castes specified under 341.1 any caste, race or tribe or part of or any group within any caste, race or tribe . . .’ Articles 342.1 and 342.2 said the same for the Scheduled Tribes.

Subsequently, two Presidential Orders named no fewer than 1,181 different groups in the country as `Scheduled Castes’ and more than 583 other groups as `Scheduled Tribes’. Roughly a sixth of the population thus came to be termed `backward’ by executive decree and were segregated by statute from the rest of the citizenry.

The direct precursor of these provisions was the `Communal Award’ by the British Government in 1932, who had taken it to be their duty “to safeguard what we believe to be the right of Depressed Classes to a fair proportion in Legislatures ”.[18] (`Depressed Classes’ was the official name for those misleadingly called `untouchables’ outside the Hindu fold.)

The complex customs of the Hindus call for endogamy and commensality among members of the same caste, thus making anyone outside a caste somewhat `untouchable’ for its members. In marriage and dining habits, many orthodox Hindus would hold foreigners, Muslims, and even Hindus of other castes at the same distance as those formally classified as `Depressed Classes’. Indeed, non-Hindus in India -including the British often maintained social protocols that were equally as strict.

No serious Indian historian would doubt that members of the `Depressed Classes’ had been oppressed and had suffered countless indignities throughout Indian history at the hands of so-called`caste Hindus’. At various times, persecution had led to mass conversions to the more secular faiths. But the ancient wrongs of the Hindu practices had to do not so much with the lack of physical contact in personal life which the word `untouchability’ connotes for Indian society has always consisted of a myriad of voluntarily segregated groups – but rather with open and obvious inequities such as the denial of equal access to temples, public wells, baths and schools.

Gandhi, who by his personal example probably did more for the cause of the `Depressed Classes’ than anyone else, protested against the Communal Award with one of his most famous fasts. Privately, he suspected that `…the communal question [was] being brought deliberately to the forefront and magnified by the government because they did not intend to part with power’.[19] Publicly, he argued that the pernicious consequence would be a further exacerbation of the apartheid under which the `Depressed Classes’ had suffered for so long, when the important thing was for their right to be within the Hindu fold to be acknowledged by `caste’ Hindus.[20]

The Fundamental Rights in the 1950 Constitution establishing the equality of all citizens before the law evidently had the 1930-31 resolutions as their precursors; while Article17 – which specifically declared `untouchability’ to be `abolished’ and its practice `forbidden’ – was part of Gandhi’s legacy, placing those who had for centuries been denigrated and persecuted on exactly the same footing in the eyes of the laws of the Republic as their denigrators and persecutors. The subsequent clauses authorizing the state to discriminate in favour of `Scheduled Castes’, and allowing it to define by executive decree who was to be so called, were evidently the remnants of the Communal Award of 1932. Discrimination by the state was initially to last for a period of 10 years only. It has, however, been extended three times -for another 10 years on each occasion – and so continues to the present day. We shall examine a few of the consequences in Part III.‘A socialistic pattern of society’As for economic policy, while the original 1950 Constitution had ambiguously stated certain ends – such as that government was `to strive to promote the welfare of the people’ – it made no mention at all of any specific economic institutions, statist or liberal, which the new Republic was to nurture as means towards those ends. In spite of this omission, successive governments have explicitly avowed their espousal of` socialism’ as the means to the good and prosperous society.

For instance, a “socialistic pattern of society where the principal means of production are under social ownership or control” was declared to be a national objective at the ruling Congress Party’s convention in 1955; and, in 1976, the notorious 42nd Amendment purported to change the very description of the country in the preamble to the original Constitution from the sober `Sovereign, Democratic Republic’ to the awkward `Sovereign, Secular, Socialist Democratic Republic’. It is an open and important issue of constitutional practice whether a temporary majoritarian government can change the legal description of a republic so fundamentally that it necessarily begs every question now and in the future about the efficacy of socialism as the route to mass prosperity.[21]

Even so, `socialism’ is a vague and equivocal word, meaning different things to different people. Briefly, what happened in the Indian context seems to have been that the Nationalist Government explicitly took upon itself the responsibility of becoming the prime mover of the economic growth of the country. This was in addition to its other fundamental and urgent political responsibilities at the time, namely, to establish peace and civil order in the aftermath of a bloody partition, re-settle several million destitute refugees, integrate into the Republic the numerous principalities and fiefdoms run by the princes and potentates, re-draw provincial boundaries on a sensible linguistic criterion, and generally educate people about their rights and responsibilities as individual citizens in a new and democratic republic.

In a poor country which had just ended a long period of alien rule, it was understandable, if in advisable, that a nationalist government led by cultured, educated men among unlettered masses should take upon itself the responsibility for economic growth. Part of the nationalists’ critique of British rule had been precisely that it had worked to the considerable detriment of the Indian economy. And, certainly, whatever the exact calculation of the benefits and costs of the British presence in India, while there had been obvious benefits, there had also been obvious costs such as iniquitous taxes and overt racial discrimination in employment. [22]Thus, when the nationalists practically swore themselves to provide better government for the economy, it was certainly a very praiseworthy aim; 1947 would indeed be the year of India’s `tryst with destiny’.

Better government not necessarily more government
What the Nehru Government came to believe, however, was that better government for the economy necessarily meant more government activity in the economy. A similar nationalist government led by cultured, educated men among an unlettered public had chosen differently in 1776 at Philadelphia, but the times and circumstances were very different. The Indian nationalists, and most especially Prime Minister Nehru, had just witnessed what they took to be, on the one hand, the collapse of the market economy in the Great Depression and, on the other, the rapid growth to greatness of Bolshevik Russia. In his presidential address to the Congress in 1936, for instance, Nehru spoke of the immediate past in these terms: `Everywhere conflicts grew, and a great depression overwhelmed the world and there was a progressive deterioration, everywhere except in the wide flung Soviet territories of the USSR, where, in marked contrast with the rest of the world, astonishing progress was made in every direction . . .’ Thus, it seemed to him, there was`. . . no way of ending the poverty, the vast unemployment, the degradation, and the subjection of the Indian people except through Socialism”. Socialism meant, inter alia, ` the ending of private property, except in a restricted sense, and ttte repla emenr of the ,private profit system by a higher ideal of co-operative service. It means ultimately a change in our instincts and habits and desires. In short, it means a new civilisation, radically different from the present capitalist order. Some glimpse we can have of this new civilisation in the territories of the USSR. Much has happened there which has pained me greatly and with which I disagree, but I look upon that great and fascinating unfolding of anew order and a new civilisation as the most promising feature of our dismal age. If the future is full of hope it is largely because of Soviet Russia and what it has done, and I am convinced that, if some world catastrophe does not intervene, this new civilisation will spread to other lands and put an end to the wars and conflicts on which capitalism feeds’.[23]
Equally as certain and deep as his admiration for the liberal values of the West was Nehru’s evident misunderstanding of the causes and consequences of Stalin’s Russia. The political and economic history of India in the past 30 years cannot be understood without regard to her most powerful leader’s ambivalence about the nature of the political and economic good.
By the mid-1950s, many of India’s other prominent statesmen had died or retired from public life, and there was hardly a public figure of’ stature left (with the exception of Rajagopalachari) to challenge Nehru’s socialist vision of the country’s future. Moreover, men who were ostensibly `expert economists’, but whose writings revealed no knowledge of prices or markets or the concept of feasibility, were encouraged to endorse and embellish this vision, which they did without hesitation in the secure knowledge that they were shielded from critics by the intellectual patronage of a charismatic and elected leader.[24]
The choice between alternative models of mass economic prosperity must have seemed quite clear at the time. The cold fact did not, however, vanish that one of the oldest objective lessons of political economy has been that more government is not necessarily better government. It is to the consequences of ignoring this lesson that we now turn.

Part III: Practice
ECONOMIC POLICIES IN INDEPENDENT INDIA

INDIA TODAY is a bizarre maze of distorted incentives, which I (and no doubt others) have found very difficult to untangle and understand. I shall, however, list and discuss the most significant of them as methodically as I can.

(i) Industry
The Indian Government has declared a large `public sector’ in commerce and industry to be a national objective. Towards this end, it has therefore progressively acquired numerous enterprises, large and small, so that it now has either a full monopoly in an industry or is one of a few oligopolists. These industries range from banking, insurance, railways, airlines, cement, steel, chemicals, fertilisers and ship-building to making beer, soft drinks, telephones and wrist-watches. There are no explicit penalties for indefinite loss-making; indeed, bankrupt private enterprises have often been nationalised to serve politicians’ ends. And, certainly, there has been no general rule of marginal-cost pricing. In public utilities, like electricity generation and distribution or city buses and trams, prices appear to be well below marginal cost, leading to severe rationing and queueing. Sudden stoppages of electricity for hours at a time and monumental congestion on buses and trams have become endemic facts of life for millions of urban Indians.
At the same time, private industry in India has been made to face labyrinthine controls. The government has continually exhorted private firms to work in the `national interest’ – which means accepting the constraints of centralised planning. It has left no doubt that, while there is a `role’ for the min the growth of the economy, they exist at the sufferance of government and had better realise it, otherwise the dark forces of revolution which have so far been kept at bay will inevitably sweep them away altogether, as happened in Russia and China.
The constraints imposed on the operation of a private business are legion, and would make a businessman from the West or Far East reach for a psychiatrist or a pistol. An entrepreneur may not enter numerous industries without government approval of the `technical’ viability of his project; once it is approved, he cannot find credit except from a government bank; and he cannot buy raw materials and machinery of the highest quality at the lowest price since, if they are produced in India, he will be denied a licence to import better and/or cheaper foreign substitutes. The onus is on him to satisfy the government that no production occurs within India of the input he requires; only then will an import licence conceivably be granted, subject to periodic review by the government. He may be compelled to export a specified proportion of his output as a condition for the renewal of his import licence, which therefore places him at a disadvantage with foreign buyers who, of course, are aware of this restraint. He may be unable to compete internationally because the rupee is priced above its likely equilibrium and some of the inputs he uses are high-cost, low-quality domestic substitutes. As a result, he may be compelled practically to dump his output abroad at whatever price it will fetch.

The entrepreneur’s factory may be subject to random cuts in electricity for hours at a time. He may require government approval before he can increase his fixed capacity, modernise his plant, change a product-line, or even change the number of labour shifts. He may face minimum-wage and stringent unfair dismissal laws on the one hand, and price controls on the other. If he fails to meet credit obligations to the nationalised banks, he may be penalised by the appointment of one or more government directors to his board – a form of `creeping’ nationalisation. Further, he may be subjected to a constant threat of full nationalisation as and when the government decides that his industry should be in the public sector in the interests of national planning.[25]

The consequence of all these controls has been a monumental distortion of incentives away from encouraging private firms to try to attract customers by improving technology and quality or reducing prices towards encouraging them to concentrate on `rent-seeking’, in the term made familiar by Professors Gordon Tullock and James Buchanan.[26]

As Anne Krueger says in her excellent study of the automobile ancillary industry, the very notion of entrepreneurial efficiency changes in such circumstances: `Under conditions in India, the most important problem confronting entrepreneurs is that of assuring that production will continue. The combined effects of import licensing and investment licensing give virtually every firm a monopoly or quasi-monopoly position. The entrepreneur who is most successful in getting licences of greater value and/or in getting licences more quickly than his fellow producers will have higher profits. `The producer who does not compete successfully for licences cannot produce at all, no matter how skilled he is in achieving engineering efficiency, unless he enters the “open market” and pays a premium to the successful licence applicant for some materials . . . Successful entrepreneurs are therefore those who are best at obtaining the greatest number of licences most expeditiously . . .’ [27]

Moreover, firms which are low-cost and efficient (in the free market sense) and which are successful at rent-seeking as high-cost, inefficient firms may still not be able to compete the latter out of business because government will not usually allow a particular firm to expand – regardless of its efficiency – if there is excess capacity in the industry of which it is a part. High-cost firms can thereby rationally count on staying in business simply by maintaining significant excess capacity.

(ii) Foreign trade
The Government of India has always claimed that foreign exchange is a `scarce’ resource which must be rationed by fiat in the national interest. The total foreign-exchange revenue (at an exchange rate which was fixed until 1971 and has since been on a managed `peg’) has been allocated in the following order of priorities: first, to meet foreign debt repayments and government expenditures in the conduct of foreign policy, such as the maintenance of embassies (G1); secondly, to pay for imports of defence equipment, food, fertilisers and petroleum (G2); thirdly, to meet ear-marked payments for the imported inputs of public sector industries so that they may achieve projected production targets (G3); fourthly, to pay for the imported inputs of private sector firms which are
successful in obtaining import licences (P1); and, lastly, to satisfy the demands of the public at large for purposes such as travel abroad (P2).
Foreign exchange is `scarce’ in India, or elsewhere, in precisely the same sense that rice or petrol or cloth is scarce. Just as there exists some positive price for rice, petrol or cloth which, at any moment, will match total supplies with total demands, so there exists some positive price for rupees relative to dollars which, at any moment, will match the transaction and asset demands of Indians for dollars with the transaction and asset demands of foreigners for rupees. Underlying that market-clearing price would be (a) the demands of Indians for foreign goods whose f.o.b. prices were lower than those of domestic substitutes, and, similarly, the demands of foreigners for goods in which India has had a comparative advantage; and (b) the expectations of Indians and foreigners about the future purchasing power of the rupee relative to the dollar, using as a proxy, say, the difference between interest rates in India and abroad.

A free market in foreign exchange would first have encouraged India’s traditional exports, like jute manufactures and textiles, and then (if the positive theory of international trade is broadly correct)progressively encouraged the export of other non traditional goods which used India’s relatively inexpensive labour relatively intensively and thereby enabled Indian entrepreneurs to compete successfully in foreign markets. At the same time, capital flows into and out of India would have given the monetary authorities an incentive to keep domestic interest rates in line with the real opportunity cost of forgoing consumption in favour of savings.

Thus, the case against a free market in foreign exchange has always been, to say the least, far from obvious.[28] But even if, for the sake of argument, we accept the presumed superiority of rationing, the elementary theory of optimisation which underlies the so-called theory of `planning’ dictates that the government should allocate dollars between alternative uses such that the marginal dollar yields the same increase in social utility in any use. The Indian Government, however, appears to have allocated foreign exchange simply on the basis of giving a higher priority to its own foreign expenditures (categories Gl, G2 and G3) than to private foreign expenditures (categories Pl and P2). That is to say, regardless of how much social utility might have been derived from a particular increase in private-sector imports, it would not be considered until after the government had met all its own expenditures abroad.[29]
Jagdish Bhagwati and T. N. Srinivasan put it as follows : `The allocation of foreign exchange among alternative claimants and users in a direct control system . . .would presumably be with reference to a well-defined set of principles and criteria based on a system of priorities. In point of fact, however, there seem to have been few such criteria, if any, followed in practice.’[30]
With respect to imported inputs for private- and public-sector industries, a rule of `essentiality’ (that is, the input must be technically `essential’ to the production process) and a rule of `indigenous availability’(that is, there must be absolutely no domestically-produced physical substitutes, regardless of cost and quality)seem to have been followed. But, as Bhagwati and Srinivasan report, `. . . the sheer weight of numbers made any meaningful listing of priorities extremely difficult. The problem was Orwellian: all industries had priority and how was each sponsoring authority to argue that some industries had more priority than others? It is not surprising, therefore, that the agencies involved in determining allocations by industry fell back on vague notions of “fairness”, implying pro rata allocations with reference to capacity installed or employment, or shares defined by past import allocations or similar rules of thumb’. [31]

Clearly, in abjuring the free market and claiming a monopoly over foreign-exchange transactions, government planners have accepted certain premises as unquestionable: (a) that government sponsored industrialisation is the best means to mass prosperity; (b) that a policy of indefinite import-substitution is the best means to industrialisation; and (c) that such a policy requires all foreign expenditures by government to take precedence over all private foreign expenditures. The trade and foreign-exchange policies pursued cannot be understood except by reference to domestic economic policies and, in particular, to the view held about the proper functions of government in and out of the market-place.

In addition to a plethora of controls, tariffs and outright bans on imports, there have been erratic policies, subsidising the export of `new’, non-traditional manufactures like engineering goods, and taxing- and even banning – the export of goods in which India has traditionally enjoyed a comparative advantage.[32]

Moreover, the rupee has been continuously over-valued. From 1949 to 1959, the official exchange rate of Rs. 4.76 to the US dollar was, on average, 12..3 percent above the black-market rate, a figure which rose to 61 per cent between 1960 and 1965. From 1966 to 1970, the devalued official rate of Rs. 7.50 to the dollar was above the black-market rate by an average of 47.6 per cent, while from 1971 onwards the managed-peg rate has been above the black-market rate by an average of 24.3 per cent.[33]

Simple economics suggests that a free-market equilibrium rate would be somewhere between the black-market and official rates. An official exchange rate for the rupee fixed above that warranted by underlying relative demands for Indian and foreign goods, as well as by relative degrees of confidence in the rupee and the dollar, subsidises imports at the expense of exports. By discriminating in favour of its own foreign expenditures and against those of the private sector, the government has been the principal beneficiary of an over-valued rupee. If capital-intensive goods are the main imports and labour-intensive ones the main exports, an over-valued rupee further distorts incentives so as to favour the use of capital-intensive production processes over labour intensive ones – in a country with a demonstrable abundance of relatively inexpensive labour!
With an eye to India, Krueger has argued the general issue in these terms:`Subsidies can make any industry an export industry, even one that would not produce at all in an efficient allocation. Similarly, taxes can be levied on an industry that has comparative advantage which will penalize it enough to render domestic production entirely unprofitable. When taxes and subsidies are used, therefore, it is possible not only to distort the structure of production, but to distort it so much that the “wrong” commodities are exported.”[34]

The Indian Government’s planners have had the idea of forcibly effecting a reversal in the comparative advantage of the country, as if by magic overnight. The hope might have been that a forced pace of industrialisation would somehow allow economies of scale to be reaped and thus soon make Indian industrial goods competitive enough in international markets to be the country’s principal source of foreign exchange, displacing traditional manufactures like jute and textiles. In practice, however, as the evidence given by Bela Balassa
and other economists demonstrates, such a policy has not succeeded to date and is most unlikely ever to do so.
India’s import bill has risen continuously, most drastically after the 1973-74 quadrupling of petroleum prices; non-traditional manufactures have hardly been able to compete successfully in foreign markets; and the traditional exports of jute and textiles have suffered very severe setbacks. Balassa contrasts the consequences of the freer, outward-looking trade policies of South Korea, Singapore and Taiwan with those of the inward-looking, controlled regime of India as part of a study of 11 countries(including Argentina, Brazil, Colombia, Mexico, Chile, Israel and Yugoslavia) which, along with Hong Kong, account for most of the manufactured exports of developing countries. India’s share of the total manufactured exports of these countries has fallen steadily from 65.4 per cent in 1953 to 50.7 per cent in1960, to 31.2 per
cent in 1966 and to a mere 10.3 per cent in 1973. The proportion exported of India’s total manufactured output fell from 9.7 per cent in 1960 to 9.4 per cent in 1966 and to 8.6 per cent in1973. In contrast, during the same two periods, the proportion of manufactured output exported rose from1 to 14 to 41 per cent in South Korea, from 11 to 20 to 43 per cent in Singapore, and from 9 to 19 to 50 per cent in Taiwan.[35]
Balassa cogently argues that the adverse effects of a sudden change in external factors, such as the quadrupling of petroleum prices in 1973-74 or the 1974-75 Western recession, were absorbed much more easily by developing countries with large foreign-trade sectors than by those like India with relatively small ones: `Outward orientation is associated with high export and import shares that permit reduction in non-essential imports without serious adverse effects on the functioning of the economy. By contrast, continued inward orientation involves limiting imports to an unavoidable minimum, so that any further reduction will impose a considerable cost in terms of growth. Furthermore, the greater flexibility of the national economies of countries pursuing an outward-oriented strategy, under which firms learn to live with foreign competition, makes it possible to change the product composition of exports in response to changes in world market conditions, whereas inward orientation entails establishing a more rigid economic structure.’[36]
In other words, if imports are both high in total value and diverse in composition, a rise in the relative price of a particular import for which home demand is relatively inelastic (like petroleum and its products) can be accommodated by a substitution of expenditure towards it and away from inessential imports for which demand is relatively elastic. A similar argument had typically been advanced by advocates of import-substitution when they maintained that the exports of a small country should be diverse and not concentrated on only a few goods since a decline in world prices would otherwise lead to serious falls in export revenues. This suggests that both critics and advocates of import substitution might agree that, for a country which is a price-taker in world markets, the encouragement of a large foreign-trade sector is a way of diversifying the risk of adverse effects from changes in world prices. The question remains as to whether the positive theory of trade is correct in saying that the encouragement of comparative advantage is superior to import-substitution as a means of achieving a large foreign sector. From the contrasting experiences of, say, South Korea on the one hand and India on the other, the answer seems overwhelmingly to be that it is.

(iii) Agriculture
The Indian Government has instituted a multiple-pricing system for the major food-grains, especially rice and wheat. Farmers are compelled to sell a specified fraction of their output to the government, at a price fixed by the government which is significantly lower than that warranted by underlying supply and demand conditions. Farmers may sell the remainder of their output freely. The quantities the government acquires in this way, plus any it imports (imports being subsidised by the over-valuation of the exchange rate), are sold by ration at lower than free-market prices in the so-called `fair-price’ shops – which happen to be mainly in urban areas. Urban consumers may purchase part of their requirements from such shops and the remainder on the open market at higher prices. Astute middle-class urban housewives know that rationed grain is often of poorer quality than that sold on the open market. Accordingly, the former often constitutes part of the wages of the domestic servants of the urban household, while the family consumes the latter. Insofar as this is true, it suggests that farmers distinguish quality much better than do government officials, and that they use this advantage somewhat to partition their output into low- and high-quality, selling the first under compulsion to the government and the second on the open market.
While such is the general food policy of India, the compulsory procurement of grains and their distribution to the ration-shops is implemented by individual State governments and not by the Union Government. There have usually been numerous restrictions on inter-State movements of grain, so the States do not form a full customs union; instead, the Union Government tries to be a central clearing-house, matching the desired imports of one State with the desired exports of another.[37]

Economic effects of ban on futures contracts
Furthermore, futures contracts in grains have been banned by law, in the belief that futures trading is conducive to speculation and that speculation is undesirable. A futures contract in grain consists simply of a promise by a seller to deliver an amount of grain to a buyer at some specified date in the future in return for payment at a price agreed today. The seller’s incentive to enter into the contract is the guarantee of a certain sale, and the availability of funds now; the buyer’s incentive is the guarantee of a certain price for future deliveries. The contract may be entered into because buyer and seller have different expectations about what the spot price will be in the future. The buyer minimises his expected costs and the seller maximises his expected revenues; both are able to balance their budgets inter-temporally. Even if they have the same expectations about future spot prices, buyer and seller may still find it mutually profitable to enter into a futures contract as a way of insuring against risk. Forbidding such contracts by decree thus forces more risk onto both buyer and seller than they would normally be prepared to carry, and also induces them to balance their accounts in each period rather than it inter-temporally. Alternative kinds of credit markets become it relatively more lucrative, with the potential seller and buyer of futures wheat respectively borrowing and lending more than they would otherwise have done.[38]
The government has also expressed its determination to keep prices in ration-shops low. It has accordingly stockpiled large inventories of grain, apparently regardless of the costs of storage and spoilage or the alternative of holding larger foreign-exchange reserves to permit increased imports when necessary.

The ostensible, declared objective of all such policies has been to ensure that the poor do not suffer severe adverse income effects from sudden rises in the price of food resulting (it has been thought) from the contingencies of rainfall and the actions of speculative traders. It is, however, an open secret that the policies have really been a means of (a) taxing farmers, who pay a smaller percentage of their income in direct and indirect taxes than do urban dwellers, and (b) subsidising urban consumers, who broadly comprise the industrial working class and the middle in classes.
At the same time, however, the government and its advisers — after the considerable hesitation recorded by David Hopper [39]- have also accepted that the best long-run prospects for increasing agricultural productivity lie in modernising traditional farming techniques. Given the outstanding results of the Green Revolution in wheat, they could hardly have arrived at any other conclusion. The problem from the government’s point of view has been, as a sympathetic economist puts it “…how to procure a sufficient quantity of food grains at reasonable prices without jeopardising the farmers’ incentives to produce more”.[40]

Thus, while taxing farmers de facto on their output, on the one hand, the government has tried, on the other, to promote the use of modern inputs by subsidizing them both directly and through low-interest loans from the banks for such investment.
Distortions of incentives in agriculture
The distortions of efficient incentives caused by such policies are not difficult to see. First, the low output prices of wheat and rice have, in effect, been discriminatory taxes on wheat. As Edward Schuh remarks, these discourage the production of `. . . the very crops that policy-makers believe the vulnerable groups should have greater access to . . .’[41]

Vasant Sukhatme and Theodore Schultz have argued that, even between wheat and rice, there has been severe discrimination in favour of the former. At the official over-valued exchange rate, the price of domestic wheat has been significantly higher than imported, while at open-market rates for the rupee, the domestic price approximated the import price. For rice, however, the domestic price has been consistently below the import price. Sukhatme estimated that the dead weight loss in welfare from the under pricing of rice amounted to 8.5 per cent of total agricultural income in 1967-68 and to 2.2 per cent in 1970-71. He also calculated effective rates of protection, which were strongly negative for rice whether at official or open-market exchange rates and positive for wheat at the official exchange rate. Both he and Schultz conclude that the discrimination against rice has been a major factor in explaining the absence of a Green Revolution in rice on the scale of that in wheat.[42]
Secondly, the main beneficiaries of government subsidies for modern inputs have evidently been not the many small farmers but the fewer relatively large ones. As Gilbert Brown reports :`Large-scale farmers buy most subsidised inputs. Poorer farmers usually lack the money to buy adequate amounts of fertiliser and pesticides, and are commonly unable to get credit except at near-prohibitive rates of often 60% to 100% per year. Even in countries with subsidised bank credit for agriculture, rich farmers get most of the credit because of legal or administrative restrictions and/ or through open or disguised bribery. Credit and subsidy programmes for tractors, tube wells and other fixed investments also go mostly to the largest and richest farmers . . .Water is also a subsidised input . . . The farmers who receive this subsidised water generally have substantially higher incomes (because of the water) than farmers without access to public irrigation. Thus, claims that water should be subsidised to help small farmers misses the point that most farmers with irrigation have higher incomes than those who do not.’[43]
Brown argues that subsidies for inputs have been made necessary only to offset the forced depression of output prices. Moreover, the social benefit from subsidising inputs is limited to when the input is first introduced: ‘Once the benefits and technique of using the input are widely known, however, the continuation of such subsidies serves largely to increase the benefit-cost ratio of using the input . . .’.
Whether it is better to continue with artificially low input and output prices or to adjust towards a free market in both must take into account that the subsidies have encouraged more capital-intensity in production, and also that the `. . . low prices of certain inputs, particularly water, are often associated with widespread waste and inefficient use of the resource’.[44]
Thirdly, the farmer who is too small to find investment in storage facilities profitable may also consider it not worth his while to hold any of his output for sale on the open market. He will then sell it all to the government – at a below-market price.
A general conclusion would seem to be that, if the combined effect of input subsidies and forced grain sales to government has been a net subsidy to agriculture, then it has been a progressive subsidy; whereas if the combined effect has been a net tax on agriculture, then it has been a regressive tax. The Marxists may be quite right to protest that what gains there have been in agriculture have accrued to the relatively larger farmers, while smaller peasants and farmers are becoming landless labourers in growing numbers as a result of bankruptcy (that is, there has been increasing `rural proletarianisation’, to use the Marxists’ picturesque phrase). But if this is true, the cause can be traced unambiguously to the Indian Government’s belief – vociferously shared by the Marxists – that the way towards the declared objective of helping the poor is by extensive interference in the price system. Besides, the industrial working class demonstrably benefits from low food prices, so the honest Marxist must face up to being torn by divided loyalties between the rural and the urban proletariats.

Srinivasan put it as follows in a 1974 survey article :`The public distribution system with respect to foodgrains . . . operated to the benefit of all those living in metropolitan cities and other large urban concentrations while all others, including rich and poor in relatively small urban and almost all rural areas, did not benefit at all. When one recalls that the rural population includes the most abject among the poor, namely landless workers, the inequity of the system becomes glaring. And in urban areas, the existence of the system and the fact that the ration is often inadequate provides incentives for a household to falsify the data on its size and age composition given to the rationing authorities, as well as to create bogus or ghost ration-cards, not to speak of the corruption of the personnel manning the rationing administration.’[45]

The history of the extensive control of agriculture – which has included a partial government monopsony, forcibly-depressed output prices, inter-State restrictions on grain movements, and urban ration-shops – can be traced to the last years of British rule, as an attempt to bolster the popularity of the imperial regime. [46] The continuation and reinforcement of statism in agriculture in independent India has evidently rested on certain premises, namely, that the private market would be grossly inefficient and would be dominated by a few traders continually reaping large speculative profits, with both the small farmer and the ordinary consumer suffering in consequence.

Uma Lele’s fine study of the private grain trade, however, shows the real picture to be quite different. She found that the trade was highly competitive, that individual traders were rational agents (given the constraints of technology and government policy), that location price differences closely reflected transport costs, and that temporal price differences closely reflected storage costs. She argued that, while there was considerable scope for government activity, it should be in the form, not of interfering in the competitive market, but rather of encouraging the market to work – by, for example, disseminating relevant information such as crop forecasts, standardising weights and measures, constructing or improving roads and encouraging efficiency in the market for the transport of grain, etc.[47]

The evident neglect of such findings as these, and the continued application of policies inimical to competition and the free market, suggest that successive governments of independent India have been hardly more concerned for the rural poor – whether as farmer or consumer – and hardly less concerned with bolstering their popularity in the urban areas than were the British.

(iv) Employment
An obvious consequence of the economic policies described above has been the distortion of the individual citizen’s calculation of the expected benefits and costs of living and working in urban areas compared with the rural countryside. The forced depression of output prices in agriculture and the plethora of foreign-trade policies which discriminate against agriculture certainly seem to have artificially depressed the expected incomes of farmers. At the same time, a large `public sector’ in industry, plus the array of foreign-trade policies which have protected private industry, plus the indirect subsidisation of food sold in urban ration-shops certainly seem to have artificially raised expected urban incomes. Predictably, the reaction has been a vast and continuing net migration from the villages to the towns and cities, even after adjusting for the seasonal nature of agriculture. This drift has been the subject of much inquiry and discussion by development economists.[48] I propose to set it aside and examine instead a different aspect of employment policy which has not received nearly as much attention, namely, the consequences of putting into effect the clauses in the 1950 Indian Constitution mentioned above which authorised discrimination in employment and public education in favour of the `Scheduled’ castes and tribes, as well as other policies which discriminate on grounds of ethnic origin.

The consequences have been similar in several respects to those in America of `affirmative action’ towards so-called `racial minorities’, and it will be useful to draw out the analogy a little. As Thomas Sowell has cogently argued in recent years, the racial composition of contemporary American society is a complex mosaic, and no-one can say with certainty how it has come to be what it is today. In such circumstances, for the government to try to isolate a single contingent characteristic like `race’, partition society on the basis of census data according to this characteristic, and then construct public policies accordingly, is to introduce an enormous arbitrariness into economic life. By merely defining a group by reference to a single contingent characteristic, which all its members seem to possess, the intrinsic complexity of the individual person is lost or overlooked. Two members of the same race may be very different from each other in every relevant characteristic (income, education, political preference, and so on), and indeed resemble members of other races more closely in them. A policy which introduces a citizen’s race as a relevant factor in the assignment of jobs or college places partitions the citizenry into vague groups : members of groups who are very different from members of other groups in characteristics other than race rarely competing with each other anyway, while the burden and beneficence of the state’s policies fall on members of groups who are not very different from members of other groups in characteristics other than race: `. . . costs are borne disproportionately by those members of the general population who meet those standards with the least margin and are therefore most likely to be the ones displaced to make room for minority applicants. Those who meet the standards by the widest margin are not directly affected – that is, pay no costs. They are hired, admitted or promoted as if blacks did not exist. People from families with the most general ability to pay also have the most ability to pay for the kind of education and training that makes such performance possible. The costs of special standards are paid by those who do not. Among the black population, those most likely to benefit from the lower standards are those closest to meeting the normal standards. It is essentially an implicit transfer of wealth among people least different in non-racial characteristics. For the white population it is a regressively graduated tax in kind, imposed on those who are rising but not on those already on top.’[49]
At the same time, there is, in effect, a progressively graduated subsidy for members of the `minority’ group in favour of those who are already closest to meeting the general standards. Those in the mainstream of each group are largely unaffected; it is at the margins of competition that the bitterness caused by such policies will be felt and will manifest itself. It would seem that the situation in India – where the racial mosaic is if anything more complex than in America – is somewhat analogous. In recent years there has been civil tension and violence in the streets as poor Muslims, `caste’ Hindus, Sikhs and others have protested at being edged out of jobs and promotions by equally poor, or wealthier, members of the `Scheduled Castes’. In March-April 1981, for instance, there was widespread civil tension and violence in Gujarat over the reservation of places in the State’s medical colleges. A quarter of these places were statutorily reserved for members of the `Scheduled Castes’, with any not taken up by qualified candidates from these groups accruing to them in the future, thereby rapidly excluding from general competition as many as half the total number of places.[50]

The cruel paradox is that, while the position of many members (perhaps the vast majority) of the `Scheduled Castes’ vis-à-vis `caste’ Hindus remains one of degradation and persecution – quite regardless of the constitutional guarantees of equality in the eyes of the law – the relatively few who have succeeded in taking advantage of the discriminatory statutes have aroused the indignation of those who have not -causing even more animosity towards the `Scheduled Castes’ in general. One commentator observes the emergence of a `new elite’ among the `Scheduled Castes’ which `ceases to identify with its caste brethren’; while, at the same time, the law on equality `is so widely flouted precisely because the Scheduled Castes have not the means or courage to seek its protection . . .’ He concludes :`Contrived gestures such as are now popular will either not benefit [the Scheduled Castes] . . . or will do so only by further lowering already deplorable academic and administrative standards’. [51]
Moreover, when all government posts are advertised with a caveat that 10 or 15 per cent of themare reserved for members of the `Scheduled Castes’ and `Scheduled Tribes’, there is a considerable incentive for people to persuade Parliament to declare them as being such. And that also has happened. Discrimination in employment on the ground of caste has not been the only kind of discrimination practised by the Indian state. In what may be the most thorough study currently available on the origins, consequences and legal history of official discrimination in India, Weiner, Katzenstein and Rao have described the plethora of policies pursued by the central and state governments which have used not caste but ethnic origin as a criterion for public employment (with the private sector also often being `encouraged’ to follow suit) :`Preferences are given to those who belong to the “local” community, with “local” understood as referring to the numerically dominant linguistic group in the locality.’ [52] The authors conclude that what is emerging in India is`. . . a government-regulated labour market in which various ethnic groups are given a reserved share of that market. Competition for employment is thus not among all Indians, but within specified linguistic, caste, and tribal groups.`. . . various ethnic groups, therefore, fight politically for a share of that labour market. The major political struggles are often over who should get reservations, how the boundaries of the ethnic groups should be defined, and how large their share should be. There are also political struggles over whether there should be reservations in both education and employment, in private as well as in public employment, and in promotions as well as hiring. The preferential policies themselves have thus stimulated various ethnic groups to assert their “rights” to reservations.’[53]

It is not difficult to understand the general economic argument against discrimination on grounds such as caste or ethnic origin. If a private employer indulges a personal preference to hire only people of an kind A when there are more able or better qualified candidates of other ethnic kinds B, C, D, . . . ,available, and if the product of his firm is subject to competition in the market from other enterprises which do not discriminate on criteria which are irrelevant to economic efficiency, we may confidently expect the discriminating employer’s product to become uncompetitive and his profits to fall. The best and most obvious example of this would be in the professional sports industry in the USA : a `whites-only’ basketball or football team would be immediately vanquished on the games-field into bankruptcy. If government pursues employment policies which discriminate according to economically irrational criteria such as caste or ethnic origin, or if it forces all private firms to do likewise, there will certainly be inefficiency resulting in a loss of real aggregate output in the economy. In the terms of modern economics, a vector of total outputs which would be feasible given the parameters of the economy, and which would leave everyone either better off or at least no worse off, would not be achieved. In sum, the consequence of direct and widespread government interference in the labour market in India appears to have been, not only a disregard for the principle of equality before the law for every citizen (in a nascent republic of immensely diverse peoples), but also a loss of real output and an enormous `politicisation’ of economic life whereby individual success becomes increasingly tied to political power and increasingly removed from personal merit, enterprise and effort. In addition, the composition of occupations in the economy has been indirectly distorted by the set of industrial, agricultural and foreign-trade policies pursued by successive governments.

6. THE MALFUNCTIONING OF GOVERNMENT

IT MIGHT be thought that a large and flabby `public sector’ in industry and commerce, labyrinthine controls on private industry, a government monopoly of foreign-exchange dealings, the overvaluation of the currency, indefinite import-substitution, forcibly depressed output and input prices in agriculture, enormous politicization of the labour market, disregard for equality before the law, and distortion of the composition of occupations would constitute a sufficient catalogue of symptoms of grave illness in the political economy of a nation. Sadly, however, there are in modern India other symptoms too which I can mention only briefly here.
An opinion frequently encountered among urban Indians (as well as among the majority of Western development economists) is that government control over the size of the population is a necessary condition for economic development, and indeed that it is the failure of government to do this that has dissipated the economic growth that would otherwise have resulted from the economic policies pursued. The urban Indian witnesses the hovels and shanty-towns inhabited by migrant families from the countryside attracted by the policies discussed previously, and he experiences the resulting congestion. So does the Western development economist when he ventures out of his hotel into the city streets. Very often, that is his only personal experience of the legendary `poor masses’ of India. It is understandable that such princely discomfiture should lead him to the opinion that the poor are mindless in their breeding habits and that they must be persuaded, bullied or compelled to change. If this opinion were true, it would seem to point to a neat and simple solution to many of the woes of poor countries, and India in particular. But if the opinion is false and yet widely believed, it would cause governments to be, as it were, barking up the wrong tree.
It is, however, far from established, and certainly not at all obvious, that demographic control is either necessary or desirable in India or elsewhere. In the first place, when the rate of infant mortality is known and experienced by rural people to be high, there will be mare births than there would have been otherwise. Secondly, it is perfectly clear that children are an investment good in traditional societies such as those of rural India. Even young children are a source of family income, either directly by working outside the home or indirectly by working at domestic chores and thereby releasing adult members of the family for outside work. For a child to be absent from primary school or to drop out within a few years is not necessarily truancy; it may be the outcome of a rational economic calculation about where his time may be better spent towards increasing the household’s income. Furthermore, in traditional societies adult children are the principal source of support for elderly and retired parents.
To know of the existence of artificial measures of contraception certainly enlarges the alternatives open to a couple. Assuming that such knowledge is not in itself a cause of unhappiness (as it can be if there are conflicting religious commitments), a couple may certainly be better off with that knowledge because of their ability to control the number and timing of their children. The couple might also have fewer children – though there is no necessary or causal connection between a knowledge of contraception and the number of children born to a couple. Rational calculation may produce the same number of children as the caprice of nature, the implication being that in general there is no causal connection between the availability of contraceptives and the rate of growth of the population. The value of a public policy which encourages the use of artificial contraception is not so much that it reduces the number of births as that it may allow couples more control over their own lives. Whether or not artificial contraception should be publicly subsidised is quite another question.
The Indian Government has expended considerable resources in propagating and subsidizing artificial birth control. The results appear to have been, at best, indifferent (coupled as birth control has been with indirect incentives for large families and, at worst, cruel – as when frenetic zeal spilled over into demands for, and the implementation of, compulsory sterilisation. For this author, however, the important consideration would seem to be not so much the exact costs and benefits of the demographic policies pursued as the critical acknowledgement that they have little or nothing to do with the fundamental causes of mass economic development.[54]
It remains a stark paradox that, with a general literacy rate of perhaps 30 per cent [NB: In 2007, this has grown to 73% for males and 48% for females] India still produces the third largest absolute number of science and engineering graduates in the world. This reflects the lopsidedness of the educational system, continued from British times, in which higher education is enormously subsidised relative to primary education. In addition, entry into the civil services requires a college or university education, which in turn requires a good private secondary school education, which in turn requires a good preparatory school education. Strenuously competing to enter prep. school, with the help of outside tutoring, is the unhappy fate of many a five- or six-year-old in the towns and cities, followed by strenuous competition in secondary school, college and university, and finally at the doorstep of government (or a foreign university).
A job in government – any job in government – has carried prestige since Mughal times. In addition to the prestige and the obvious benefits of tenure where ether `decent’ jobs are scarce, there has been in recent times the inner satisfaction from a belief that a person can truly do his best for his country only by being in government. Tens of thousands of youths spend significant personal resources (such as whole years in cramming schools) to compete for a few annual openings in government. It is only to be expected that the competent, ambitious, patriotic youth who succeeds will mature into a respected mandarin with an unshakeable conviction in the good his government has done for the masses, and in the further good yet in prospect.
Failure to anticipate monsoon damage and disarray of the judicial system
The most serious examples of the malfunctioning of civil government in India are probably the failure to take feasible public precautions against the monsoons and the disarray of the judicial system. Official estimates, for instance, of the damage caused by flooding to homes, crops and public utilities in a few weeks of July-August 1981 alone amounted to over Rs 1 billion, with 10.8 million people `affected’, 35,000 head of cattle lost, and 195,000 homes damaged. The full magnitude of the devastation which annually visits vast areas can be understood perhaps only by those in rural India, although the towns and cities also regularly suffer considerable chaos. [55] [NB 2007: Monsoon prediction appears far better today than it was when these words were written.]
As for the disarray of the judicial system, The Statesman lamented in July 1980:`The simplest matter takes an inordinate amount of time, remedies seldom being available to those without means or influence. Of the more than 16,000 cases pending in the Supreme Court, about 5,000 were introduced more than five years ago; while nearly 16,000 of the backlog of more than 600,000 cases in our high courts have been hanging fire for over a decade. Allahabad is the worst offender but there are about 75,000 uncleared cases in the Calcutta High Court in addition to well over a million in West Bengal’s lower courts.”[56] Such a state of affairs has been caused not only by lazy and corrupt policemen, court clerks and lawyers, but also by the paucity of judges and magistrates. In addition, however,`. . . a vast volume of laws provokes endless litigation as much because of poor drafting which leads to disputes over interpretation as because they appear to violate particular rights and privileges. Land legislation offers an example of radical zeal running away with legal good sense, giving rise to thousands of suits against the Government . . .’ [57] When governments determinedly do what they need not or should not do, it may be expected that they will fail to do what civil government positively should be doing. In a sentence, that has been the tragedy of modern India.

Part IV : Reform
A LIBERAL AGENDA

IT WILL by now have become evident to the reader from the descriptions and arguments given above that, in the judgement of the present author, only a set of radical changes in policy can put the Indian economy on a path to higher mass prosperity within a free and healthy body politic. I shall therefore put forward a tentative manifesto for reform, adding some predictions about which classes of citizens would be most likely to support or oppose a particular proposal. The scope and intention of such a manifesto should be made clear at the outset. As Aristotle taught, a set of actions which are the means towards certain ends may themselves be the ends towards which other prior means have to be taken.[58]
The ultimate ends of economic advice in India are to seek to bring about mass prosperity under conditions of individual freedom. The proposals I which follow are to be construed as means towards those ultimate ends. But they also constitute a set of intermediate ends, and their implementation would require further judgement about the best means towards achieving them. In economic policy, for instance, a firm but gradual phasing-in over a period of three or four years may be the best way to minimise the hardships entailed by the adjustment. For reasons which will become clear, however, I shall not here try to answer the question as to how the proposals might best be implemented.

(a) Effects of foreign policy on the domestic economy
It will be useful to begin with a short and very incomplete consideration of foreign policy insofar as it may bear upon domestic economic policies. It is a settled fact of international politics that, while there is no obvious connection between a nation’s economic and political institutions and the choice of strategic allies it faces, people’s subjective perceptions and opinions of the social arrangements in a foreign country can be deeply influenced by whether that country is seen as a potential ally or adversary. A related and equally settled fact is that war, or the fear of war, can make for the most incongruous of bed-fellows. In contemporary India, it is quite evident that the antipathy and pessimism towards market institutions found among the urban public, and the sympathy and optimism to be found for collectivist or statist ones, has been caused to a very significant extent by the perception that the United States is relatively hostile towards India while the Soviet Union is relatively friendly. This was not always so. The official affection between the United States and India in the early years of the Republic was grounded in sincerity and goodwill. The roots of its demise are probably to be found in the split between the Soviet Union and China in the late 1950s which, in a short period of time, made the latter a valuable strategically for the United States against the former. By the early 1970s, the spectre of a joint military threat to India from a totalitarian China and a militarist Pakistan – and especially a threat which it was perceived democratic America would do little or nothing to thwart – made it prudent for democratic India to become the virtual ally of totalitarian Russia.
Such a configuration on the international chess-board need not have been detrimental to India’s economic development. It is possible to imagine a liberal state allied to a totalitarian one for strategic reasons, yet maintaining liberal economic policies domestically and internationally. In practice[58], however, the extent of `economic collaboration’, bilateral trading arrangements, `joint ventures’, barter agreements, `cultural exchanges’, and the like into which the Indian Government has entered with the Soviet bloc, appears significantly to exceed what it has achieved with the Western powers. In particular, Soviet arms have in recent years been purchased more often and then manufactured under licence. This too need not have been economically detrimental if the Soviet products had in practice been competitive on international markets in terms of price and quality. As is common knowledge, however, this is often not so. It therefore appears that part of the price India has had to pay for the strategic support of the Soviet Union has been the foisting on her of low-quality, high-priced Soviet goods, whether arms or steel mills or technical know-how. At the same time, for reasons which are partly historical and partly related to these considerations, direct foreign investment by private Western firms has been treated with, at best, coolness and, at worst, open hostility.

A change in India’s foreign policy
If the economic liberalisation that will be proposed here for India is to be effective, a truly independent yet prudent foreign policy may be required to accompany it. A change in the present strategic configuration – in which the United States is perceived in India to be virtually the ally of both China and Pakistan, while India is perceived in the United States to be virtually the ally of the Soviet Union – is unlikely until and unless the United States finds it in her best interests in the region to distance herself from China and Pakistan, which is unlikely to happen without a rapprochement between the Soviet Union and China. A drastic alternative way for India to reduce her dependence upon the Soviet Union would be the kind of divorce Egypt effected some years ago, followed by an alliance with the Western powers. This might, however, undermine once more the independence of foreign policy and be perceived in India as a move from the devil to the deep sea. The prudent remaining alternative would appear to be an earnest and vigorous pursuit of serious no-war pacts with Pakistan and China, combined with an appropriately small independent nuclear deterrent. It seems to the author that the reasons which commend this course are closely analogous to those offered by the present American and British governments for pursuing serious no-war negotiations with the Soviet bloc whilst simultaneously improving the Western nuclear deterrent.
(b) Liberalisation of foreign trade
Not only would the truly independent foreign policy proposed in the preceding paragraph allow India to distance herself from the Soviet Union; it would probably also prompt the Western powers to end the intergovernmental transfers which go by the name of `foreign aid’. For reasons that Peter Bauer has emphasised over many years, an end to such transfers might be a boon in disguise for India.[59] In particular, it would require the government to seek to balance the foreign-exchange accounts without becoming obligated to the Western powers, and this in turn would require a major economic transformation from a closed and protectionist economy to an open one which harnessed India’s comparative advantages.
An initial liberalisation of foreign trade, involving a transition from quotas to tariffs, would probably be supported by private industry as a whole. It would, however, be opposed by incumbent politicians and government officials since it would dissipate the rents they receive under the closed regime. A subsequent reduction in tariffs, a withdrawal of export subsidies, and the free floating of the rupee would be opposed by those private firms (and their labour unions) which would be uncompetitive internationally – probably those in `non-traditional’ industries. The measures would, however, be supported by ordinary consumers, by private firms in traditional industries like jute manufactures and textiles, and particularly by farmers.
Once private industry became subject to the strict discipline of international competition again, there would be no reason whatsoever for government-imposed internal controls which were not conducive to free and fair competition among firms for the consumer’s rupee. The repeal of the plethora of licensing policies would dissipate the large rents attached to the controls under the present regime. Since these rents are paid by private industry and received, directly or indirectly, by incumbent politicians and government officials, the former could be expected to welcome repeal and the latter to oppose it vigorously.

(c) Privatisation of `public-sector’ industries
At the same time, for the so-called `public-sector’ industries to face international competition, when they are currently monopolists or oligopolists, would demand such an improvement in economic discipline as probably to require the shares of most of them to be sold on the open market, with marginal-cost pricing imposed on the remainder. There is no economic reason why the Government of India shouldbe engaged in commercial or merchant banking and insurance, or in industries from steel, machine-tools, ship-building and fertilisers to wrist-watches, hotels and beer. Nor is there any cogent reason why it should be a major producer, let alone a monopolist, in the road, rail, air and sea transport industries. Large-scale privatisation would be supported by private citizens in general, and would also draw out the reputedly vast private funds which circulate in the untaxable underground economy. But such measures would probably be opposed vigorously by the government officials who currently manage these industries, aswell as by the public-sector labour unions.

(d) Free-market pricing in agriculture
With the repudiation of the mistaken premise that government sponsored industrialisation is the best means to mass economic development, the free-market pricing of agricultural outputs and the removal of all controls that are not conducive to free competition among farmers should follow. This would be welcomed by all farmers and perhaps by the rural population in general. It could also be expected to provide much encouragement to the technological transformation of traditional agriculture. The abolition of ration-shops in urban areas would be opposed by the industrial working class, by the urban middle classes in general, and by government officials and employees engaged in the present regime of public distribution. Further, farmers, especially relatively large ones, might be expected to oppose the concomitant free-market pricing of agricultural inputs, including credit and fertilisers, as would those government employees presently charged with distributing these inputs.
The ending of the distortions in agricultural output and input prices would establish a conclusive case for uniform systems of taxation in the economy, and especially for income from agriculture to be treated on a par with income from other occupations. These systems could locally include direct subsidies to those (whether in rural or urban areas) who are unable to provide any income for themselves, such as the insane and the severely disabled – all of whom are currently cared for, if at all, by private charity, and none of whom, strangely enough, appears to enter the moral calculations of socialist and Marxist economists.

(e) Tax revenues for public goods
The first and most important destination of tax revenues, whether raised centrally, provincially or locally, must be the provision of public goods – central, provincial and local. In an earlier section, we have seen what kinds of goods these should be. Among the most urgent in India are more effective precautions against the monsoons and improvements in the efficiency of the systems of civil and criminal justice. The former might include measures to prevent soil erosion and the building of better dams, embankments, canals and roads. Such programmes would be likely to command practically unanimous support in the localities in which they were implemented.
Reforms of the judicial system might include raising the salaries of judges and policemen, as well as the penalties for their misconduct; improving the training and morale of the police, with the object of increasing public confidence in them (especially in the villages); and expanding the number of courts, at least temporarily until the monumental backlog of cases has been reduced and brought under control. A general reduction in the political and administrative direction of economic life would lead to fewer lawsuits being brought against the government itself, and thus provide further relief for the judiciary. Widespread prison reform may also be required if the reports are true that a large proportion of those held prisoner for a number of years have yet to be brought to trial, and that potential prosecution witnesses, if they are poor and uneducated, are themselves sometimes kept in jail until a case comes to court. Such reforms would command the support of everyone except criminals, capricious litigants and corrupt or incompetent members of the police and judiciary, none of which groups, it must be supposed, comprises apolitical constituency.

Together with improvements in the system of justice, the principle of equality before the law would have to be taken seriously. This would require the dispensation of justice by the state to be, as it were, a process blind to the infinitely diverse caste and ethnic characteristics of the citizenry, which in turn would imply the repeal of all laws – whether central, provincial or local – permitting governmental authorities to discriminate in favour of a particular politically-specified caste or ethnic group. Merely to have written `equality before the law’ into the Constitution without really believing it either possible or desirable is to allow the mutual caste and ethnic bigotry of private citizens to be exploited for political ends. That innumerable members of a caste, or religious or ethnic community have suffered at the hands of another, and that members of the `Scheduled Castes’ in particular have been victims of enormous cruelty, should not prevent acknowledgement of the sober fact that the past is irretrievable, or that it is similar cruelty in the present and future against any citizen at the hands of any other, or the state, that the declaration of Fundamental Rights was intended to prevent.

(f) Other reforms
Other proposals could also be suggested : the introduction of vouchers for primary and secondary education; a serious assessment of the benefits from and costs of subsidies to higher education; an end to the government monopoly of radio and television; a revision of government pay-scales to make them competitive with the private sector, together with equivalent reductions in non pecuniary benefits; a decentralisation of public spending decisions from New Delhi to the State capitals and from there to the districts; and so on. However, it is hardly necessary to go further, since even a limited liberal agenda would appear doomed to be still-born.
Incumbent politicians, government officials, and the public sector unions in general would vigorously oppose any reduction in government intervention in the economy for fear of losing the rents and sinecures of the status quo. Indeed, professional politicians in general could be expected to be averse to any lessening of the politicisation of economic life.
In other countries, a political party proposing such a reduction in government intervention would usually enjoy the backing of private industry. In India, however, private industry in general would probably see it in its own interest to support only the reduction of internal controls, whilst vigorously opposing reductions in the neo-mercantilist external controls. In July 1981, for example, I asked a prominent industrialist to imagine first a free-market regime at home : `That would be very welcome indeed’, he replied enthusiastically. I then asked him to imagine a policy of free trade : `That would wipe us out’, he replied gravely. His answers indicate very well what is perhaps the single most important feature of the equilibrium that has emerged in India: by accepting without significant protest the constraints and costs imposed upon it by the government and its `planners’, the private corporate sector has traded the freedom of enterprise for mercantilist monopoly profits in the home market.
When Indian Marxists rail about collusion between the `national bourgeoisie’ (that is, the governmental class) and the `comprador bourgeoisie’ (that is, the private sector), they make a cogent point as old as Adam Smith’s critique of mercantilism.[60] But, again, they fail to see that the fortunes of the industrial working-class have also risen with those of the private and public industries that have gained from the present regime. Moreover, a large proportion of industrial workers and blue-collar government employees are migrants with families left behind in rural areas; these rural families might also oppose reductions in the transfers currently received by their migrant relatives. Finally, while joining other farmers in welcoming a free market in grain, the politically influential larger farmers could be expected to oppose the direct taxation of agricultural incomes and the elimination of subsidies for inputs.

Who is left who would gain from the kinds of reforms proposed here? Only the ordinary citizen qua consumer, the rural poor and the residuum of severely disabled citizens unable to create any income for themselves. None of these has been or is likely to become an effective political force.

India’s `unhappy equilibrium’
The economy of the first Indian Republic has tended towards a broad and increasingly unhappy equilibrium. Distortions of efficient relative prices and wages lead to both substitution and income effects. Those who lose from one distortion rationally seek another from which they may gain; those who lose from the second seek a third; and so on ad infinitum until a maze of distorted incentives are in place and a60Adam Smith, host of income transfers are in progress – sometimes offsetting losses, sometimes not. Tullock has emphasised that the problem is not only that there are dead-weight losses in welfare, but also that people are led `. . . to employ resources in attempting to obtain or prevent such transfers.’[61] In modern India, the waste of productive resources put to the pursuit of such transfers has been incalculable. The reforms pro-posed here would cut through the maze of distorted incentives and institutions all at once – for which very reason it seems unlikely they can come to be implemented.

The economic significance of a political attitude of individualism is that it clearly recognises the relationship between individual effort and reward, and the relationship between cause and consequence generally. An attitude of statism obscures or obliterates this relationship. In republican India, statism has pervaded all public discourse and prompted most public policy. Successive groups of politicians and government officials seem never to have recognised the fundamental nature of those functions of government which are the indispensable prerequisites of civil peace and mass prosperity. Nor have they understood that it is no part of government’s agenda to be the driving force to mass prosperity, and that this can come (if it will) only from innumerable individual efforts in the pursuit of private rewards. This is not at all to say that those in government have been ill-intentioned. On the contrary, they may have sincerely sought the public good whilst introducing a Leviathan government into the market-place and neglecting the proper duties of government outside it. As Bauer has remarked in a related context :`Their financial benefits may appear to be fortuitous, as if Adam Smith’s invisible hand were to work in reverse, so that those who sought the public good achieve what was no part of their intention, namely personal prosperity.’[62] It is indeed possible that the basic fact of human nature that individual households every where ordinarily know most about, and are only concerned with, their own well-being has never been acknowledged in modern India. The simple secret of a stable and prosperous polity is to create institutions which harness the universal pursuit of individual self interest, and not ones which pretend that men are selfless saints. A polity where this fact is acknowledged would not have to depend for the viability of its institutions on mere exhortation, as the institutions of the Indian Republic seem perpetually fated to do, even while the competitive pursuit of self interest is everywhere manifest.

The logic of economic reasoning and the adducement of economic evidence have in the past had little effect in India because the distribution of gains and losses from the policies pursued has been closely matched by the distribution of effective political power. This distribution seems most likely to continue, and so the prospects of significant and sustained endogenous reform seem, to this author at least, very small. Changes in external constraints seem to be the only likely source of a major disturbance to the equilibrium, and there can be no guarantee that the results will be for the better. This is a sad and troubling conclusion to come to, for a citizen of India or anyone else who has loved the country. It places this author in the paradoxical position of believing his arguments to be broadly correct – while hoping they are not.

ENDNOTES (The original monograph in 1984 had footnotes, which have had to be transformed since pages, in this new HTML age, no longer have to be linear as in a book nor have to be turned in order to be read).

[1] The early studies notably include: B. R. Shenoy, `A note of dissent’, Papers relating to the formulation of the Second Five-Year Plan, Government of India Planning Commission, Delhi, 1955; Indian Planning and Economic Development, Asia Publishing, Bombay, 1963, especially pp. 17-53; P. T. Bauer, Indian Economic Policy and Development, George Allen & Unwin, London, 1961; M. Friedman, unpublished memorandum to the Government of India, November 1955 (referred to in Bauer, op. cit., p. 59 ff.); and, some years later, Sudha Shenoy, India : Progress or Poverty?, Research Monograph 27, Institute of Economic Affairs, London, 1971. Some of the most relevant contemporary studies are: B. Balassa, `Reforming the system of incentives in World Development, 3 (1975), pp. 365-82; `Export incentives and export performance in developing countries: a comparative analysis’, Weltwirtschaftliches Archiv, 114 (1978), pp. 24-61; The process of industrial development and alternative development strategies, Essays in International Finance No. 141, Princeton University, 1980; J. N. Bhagwati & P. Desai, India: Planning for Industrialisation, OECD, Paris : Oxford University Press, 1970; `Socialism and Indian Economic Policy’, World Development, 3 (1975), pp. 213-21; J. N. Bhagwati & T. N. Srinivasan, Foreign-trade Regimes and Economic Development: India, National Bureau of Economic Research, New York, 1975; Anne O. Krueger, `Indian planning experience’, in T. Morgan et al. (eds.), Readings in Economic Development, Wadsworth, California, 1963, pp. 403-20; `The political economy of the rent-American Economic Review, 64 (June 1974); The Benefits and Costs of Import-Substitution in India : a Microeconomic Study, University of Minnesota Press, Minneapolis, 1975; Growth, distortions and patterns of trade among many countries, Studies in International Finance, Princeton University, 1977; Uma Lele, Food grain marketing in India : private performance and public policy, Cornell University Press, Ithaca, 1971; T. W. Schultz (ed.), Distortions in agricultural incentives, Indiana University Press, Bloomington, 1978; V. Sukhatme, “The utilization of high-yielding rice and wheat varieties in India: an economic assessment”, University of Chicago PhD thesis, 1977.

[2] S. Roy, “On liberty and economic growth: preface to a philosophy for India”, University of Cambridge PhD thesis, 1982a, Chapters I and II; “Knowledge and freedom in economic theory: Parts I and II”, Centre for Study of Public Choice, Virginia Tech, working papers, 1982b. My epistemological arguments have closely followed those of Renford Bambrough, Moral Scepticism and Moral Knowledge, Routledge and Kegan Paul, London, 1979.

[3] Aristotle, Ethica Nicomachea, in Richard McKeon (ed.), The Basic Works of Aristotle, Random House, New York, 1941. We read: `. . . the whole account of matters of conduct must be given in outline and not precisely, as we said at the very beginning that the accounts we demand must be in accordance with the subject matter; matters concerned with conduct and questions of what is good for us have no fixity, any more than matters of health. The general account being of this nature, this account of particular cases is yet more lacking in exactness; for they do not fall under any art or precept but the agents themselves must in each case consider what is appropriate to the occasion, as happens also in the art of medicine or of navigation.’ (1,104a2-a9.)`. . . we do not deliberate even about all human affairs; for instance, no Spartan deliberates about the best constitution for the Scythians. For none of these things can be brought about by our own efforts. We deliberate about things that are in our power and can be done.’ (1,112a28-30.) Adam Smith, An Inquiry into the Nature and Causes of the Wealth of Nations(1776), eds. R. H. Campbell et al., Liberty Classics, Indianapolis, 1981. We read: `What is the species of domestick industry which his capital can employ, and of which the produce is likely to be of the greatest value, every individual, it is evident, can, in hislocal situation, judge much better than any statesman or lawgiver can do for him.’ (Book IV. ii. 10, p. 456.) In modern times, Friedrich Hayek has always kept this fact in the foreground of his thinking. In his Individualism and Economic Order, Routledge and Kegan Paul, London, 1949, we read, for example, of `. . . the constitutional limitation of man’s knowledge and interests, the fact the he cannot know more than a tiny part of the whole of society and that therefore all that can enter into his motives are the immediate effects which his actions will have in the sphere he knows . . .’ (p. 14.) The individual agent has a `special knowledge of circumstances of the; thus `. . . practically every individual has some advantage over all others because he possesses unique information of which beneficial use might be made, but of which use can be made only if the decisions depending on it are left to him or are made with his active co-operation.’ (p. 80.)

[4] The mathematical economist will recognise these three conditions as the characteristics which define a multi-market general equilibrium in the Arrow-Debreu model: Gerard Debreu, Theory of Value, Yale University Press, New Haven, 1959; K. J. Arrow and F. H. Hahn, General Competitive Analysis, Oliver and Boyd, Edinburgh, 1971.

[5] This argument is discussed further in Roy (1982a), pp. 96-107, pp. 133-43.

[6] Adam Smith, op. cit., Book V. i. c., p. 723.

[7] P. A. Samuelson, `A pure theory of public expenditures’, Review of Economics & Statistics, 36, 1954,reprinted in K. J. Arrow & T. Scitovsky (eds.), Readings in Welfare Economics, R. D. Irwin, Homewood, Ill., 1969.

[8] The idea I have in the background is of some implicit public goods function endorsed more or less unanimously by citizens – but not necessarily by those with political power – with commonsense dictating the elements it should contain. Thus Let U = U (π1, π2 , …, πn) be such a function with δU/δπi > 0, δ2U/δπi2 < 0 i=1,2,…,n, where πi = 1,2,…n, is a lateral index of a public good or service like defence, civil protection, roads, dams, or the finance of basic education. Each of these is “produced” by an expenditure of public resources: πi = πi (τi ), δπi/δτi > 0, δ2πi /δτi2 < 0 i=1,2,…,k, Σ i=1,2,…,n τi = τ* where τ* is the total level of public resources available (whether by taxation or borrowing). An efficient condition, i.e., one in which given public resources are efficiently allocated among alternative public goods or services, would be δU/δπi/ δπi/δτi = δU/δπj / δπj/δτj for every i,j = 1,2,. .,n. So, if the marginal tax-rupee was put towards the production of any public good, the increase in social utility should be the same; otherwise we would find an excess supply of some public goods (e.g. bureaucrats) and an excess demand for others (e.g. courts, dams, police protection, etc.).

[9] Two examples are F. H. Hahn, On the notion of equilibrium in economics : an inaugural lecture, Cambridge University Press, Cambridge, 1973, and J. M. Grandmont, “Temporary general equilibrium theory : a survey”, Econometrica, vol. 46, 1977.

[10] Aristotle, op. cit., 1,094b12-1,094b27

[11] D. H. Robertson, `The Economic Outlook’, in his Utility and All That, Allen & Unwin, London, 1952, pp.51-52.

[12] Karl Popper made a similar point in The Open Society and its Enemies, Princeton University Press, Princeton, 1950, when he suggested that Plato’s question `who should rule?’ should be discarded for the question:`How can we so organise political institutions that bad or incompetent rulers can be prevented from doing too muchdamage?’ (p. 120). There is relevant discussion by Renford Bambrough in `Plato’s modern friends and enemies’, Philosophy, 37, 1962, reprinted in R.Bambrough (ed.), Plato, Popper and Politics : some contributions to a modern controversy, Barnes and Noble, New York, 1967. I have discussed the relationship of expertise to democracy in Roy (1982a), pp 80-95.

[13] Virginia Bill of Rights, 1776, in The Constitution of the United States, ed. E. C. Smith, Barnes & Noble, New York, 1979, p. 21.

[14] P. T. Bauer, Dissent on Development, Harvard University Press, Cambridge, Mass., 1971, p. 72, n. 2. The term `statism’ suggested itself to the author after he read M. R. Masani, “Post-Sanjay outlook: where salvation does not lie” The Statesman, 9 July 1980.

[15]G. M. Young (ed.), Macaulay: Prose and Poetry, London: Macmillan, 1952, p. 718. Some 20 years later, in Considerations on Representative Government, ed. H. B. Acton (London: J. M. Dent), J. S. Mill claimed that rule by`a superior people . . . is often of the greatest advantage to a people, carrying them rapidly through several stages of progress’ (Ch. IV, p. 224). Ironically, a few years ago a distinguished retired member of the Indian civil service (who happens to be a recipient of the Lenin Peace Prize) used very similar words in a newspaper article – in defence of the Soviet occupation of Afghanistan!

[16] Resolution of the Indian National Congress, August 1931, reprinted in B. N. Pandey (ed.), The IndianNationalist Movement : 1885-1947, Macmillan, London, 1979, p. 67.

[17] S. Radhakrishnan, The philosophy of Rabindranath Tagore, Macmillan, London, 1918, p. 232. For an excellent account of the intercourse between ancient India and ancient Greece, H. G. Rawlinson, `Early contacts between India and Europe’, in A. L. Basham (ed.), A Cultural History of India, Clarendon Press, Oxford, 1975. For excellent accounts of the growth of liberalism in India in the l9th and carly 20th centuries : Anil Seal, The Emergence of Indian Nationalism : Competition and Collaboration in the later l9th Century, Cambridge University Press, Cambridge, 1971, Chs. 1, 3-6; J. R. McLane, Indian Nationalism and the Early Congress, Princeton University Press, Princeton, 1977; Gordon Johnson, Provincial Politicsand Indian Nationalism,Cambridge University Press, Cambridge, 1973, Ch. 1.

[18] Ramsay Macdonald’s letter to M. K. Gandhi, 8 September 1932, reprinted in Pandey (ed.), op. cit., p. 74.

[19] Devdas Gandhi’s letter to Jawaharlal Nehru, 2 October 1931, reprinted in Pandey (ed.), op. cit., p. 71

[20] Gandhi’s protest succeeded to the extent that the Award itself was superseded; and in unusual, euphoric displays of fraternity, `caste’ Hindus threw open temples to members of the `Depressed Classes’ and embraced them with
garlands. The compromise Pact which replaced the Communal Award removed separate electorates but still guaranteed special political representation for some years following the agreement. For an account of Gandhi’ s position on the Communal Award, Judith M. Brown, Gandhi and Civil Disobedience, Cambridge University Press, Cambridge, 1977, pp. 313-21.

[21] For an eminent lawyer’s commentary, N. A. Palkhivala, The Light of the Constitution, Forum of Free Enterprise, Bombay, 1976.

[22] There is reason to think the Mughals before the British had done no better and had probably done much worse. T. Raychaudhuri, `The State and the Economy: the Mughal Empire’, in T. Raychaudhuri & I. Habib (eds.), The Cambridge Economic History of India, vol. I, Cambridge University Press, Cambridge, 1982.

[23] V. B. Singh (ed.), Nehru on Socialism, Government of India, Ministry of Information and Broadcasting, Publications Division, Delhi, 1977, pp. 56-57, 67.

[24] `Draft recommendations for the formulation of the Second Five Year Mahalanobis;`The Second Five-Year Plan – A tentative framework’, drafted by the economic ministries; and a `Memorandum’ written by a panel of prominent Indian economists – all contained in Papers relating to the formulation of the SecondFive Year Plan, Government of India: Planning Commission, 1955 – were the principal influences on the actual Second Plan. No significant understanding of markets, prices or the concept of feasibility is evident on the part of any of the authors. Shenoy’s lonely dissent has already been noted (note 1).

[25] The best descriptions of Indian industrial policy are still to be found in Bhagwati and Desai (1970), op. cit. Also C. Wadhwa, `New Industrial Licensing Policy: An Appraisal’, in C. Wadhwa (ed.), Some problems of India’seconomic policy, Tata-McGraw Hill, Delhi, 1977, pp. 290-324.

[26] Gordon Tullock is generally credited with introducing the notion of rent-seeking in `The welfare costs of tariffs, monopolies and theft’, Western Economic, Journal, 5 (June 1967), while Krueger (1974), op. cit., introduced the term itself. The collection edited by J. M. Buchanan et al., Toward a theory of the rent-seeking society, Texas A&M Press, College Station, 1980, contains reprints of both papers as well as other studies.

[27] Krueger (1975), op. cit., p. 108 ff.

[28] The classic argument for a free market is in M. Friedman, `The case for flexible exchange rates’, in his Essays in Positive Economics, University of Chicago Press, Chicago, 1953, pp. 157-203. Also V. S. Vartikar,Commercial policy and economic development in India, Praeger, New York, 1969, based on his PhD at Wayne State University; and D. Lal, A liberal international economic order : the international monetary system and economic development, Essays in International Finance No. 139, Princeton University, October 1980.

[29] An additive sub-utility function might be defined within each set of categories UG= ∑ ai vi (Gi) a1 ≥ a2 ≥ a3, ∑ ai= 1UP= ∑ bj wj (Pj) b1 ≥ b2 ∑ bj= 1where the vi (.) and the wj (.) are further sub-utility functions defined on each category, etc. None of these has ever been spelt out by the Indian Government and certainly no amount of UP has seemed substitutable for an iota of UG.

[30] Bhagwati and Srinivasan, op. cit., p. 38.

[31] Ibid.,p. 38

[32] In 1980, for example, exports of pig-iron and of sheep- and goat-meat were banned; an export duty on jute manufactures was imposed on 18 February and lifted on 8 September. (Annual Report on Exchange Controls, International Monetary Fund, 1981, pp. 205-13.) The Import and Export Policy (April 1982, March 1983)announced by the Commerce Ministry reported the banning of exports of cane, paraffin wax, mustard and rape-seedoil, and `certain
wild-life items’, including lizards and robins. An embargo on the export of CTC (cut, tear and curl) tea was announced by the Ministry of Commerce on 24December 1983. CTC is high-quality tea which accounts for about three-quarters of India’s tea exports. The ban followed a doubling of domestic prices over the previous year, compulsory registration of tea dealers holding more than 1,000 kg. to prevent hoarding, and agreement by manufacturers to reduce their profit margins and cut prices ofpackaged tea by about 20 per cent (Financial Times, 14 December 1983). The Indian Government apparently feared that the supply of tea for the domestic market was going to run out (The Times, 5 January 1984). The effect of thesemeasures is artificially to depress prices in the domestic market whilst raising them overseas (The Economist, 14 January 1984).

[33] Pick’s Currency Year-book, various editions

[34] Krueger (1977), op. cit., pp. 27-28.

[35] Balassa (1978), op. cit., p. 39; Balassa (1980), op. cit., p. 16.

[36] Ibid.,p. 22.

[37] Short surveys of the relevant practices can be found in Lele, op. cit.,Appendix 1, pp. 225-37, and Sukhatme, op. cit., pp. 29-37. Also Gilbert Brown, `Agricultural pricing policies in developing countries’, and G. E.Schuh, `Approaches to “basic needs” and to “equity” that distort incentives in agriculture’, in Schultz (ed.), op. cit.,pp. 84-113 and pp. 307-27 respectively.

[38] Theoretical economists have long recognised that a fundamental flaw in, for example, the Arrow-Debreu model is its assumption that all conceivable futures contracts are practicable. The longest futures price actually quoted at
the Chicago Board of Trade, however, would be for silver, at about two years; for grains, the longest would be only about three months. Since the natural market outcome is a far-cry from the theory, the Indian Government’s fears about the effects of speculation appear to be much exaggerated. To see the risk-dispersing character of a futures contract, let us suppose that both buyer and seller place a probability of one-half on prices being either in 8 or 2; if they are risk-averse, they may prefer to trade at a certain futures price of 5 now, rather than wait for the future to unfold.

[39] David Hopper, `Distortions of agricultural development resulting from Government prohibitions,’ Schultz (ed.), op. cit., p. 69 ff.

[40] K. Prasad, `Foodgrains policy 1966-1976′, in Wadhwa (ed.), op. cit., p.479.

[41] Schultz (ed.), op. cit., p. 309.

[42] Sukhatme, op. cit., pp. 74-86; T. W. Schultz, `On the economics and politics of agriculture’, in Schultz(ed.), op. cit., p. 15 ff.

[43] Schultz (ed.), op. cit., pp. 92-93.

[44] Ibid.,p. 95.

[45] T. N. Srinivasan, `Income Distribution: A survey of policy-aspects’, in Wadhwa (ed.), op. cit., p. 265. That the small farmer may not find it profitable to invest in storage, and that (if it has been taxed) agriculture has been taxed regressively, are also remarked upon by Srinivasan.

[46] Lele, op. cit., p. 2, where reference is made to Sir Henry Knight, Food Administration in India, Stanford University Press, Stanford, 1954.

[47] Lele, op. cit., pp. 214-24

[48] For example, M. Todaro, `A model of labor migration and urban unemployment in less developed countries’, American Economic Review, March 1969, 59, pp. 138-48; J. P. Harris & M. Todaro, `Migration,unemployment and development: a two-sector analysis’, American Economic Review, March 1970 60, pp. 126-42.The best paper known to the author is by Jerome Rothenberg, `On the economics of internal migration’, Working Paper No. 189, Dept. of Economics, MIT, July 1976.

[49] Thomas Sowell, Knowledge and Decisions, Basic Books, New York, 1980, pp. 268-69.

[50] `The logic of protection’, The Statesman, Editorial, 19 March 1981; also the Editorial, `Danger of caste ethnic

[51] S. K. Datta Ray, `Backlash to protection: fancy gifts ignore real reform’, The Statesman Weekly, 21 March 1981.

[52]M. Weiner, M. F. Katzenstein, K.V.N. Rao, India’s preferential policies : migrants, the middle classes and ethnic equality, University of Chicago Press, Chicago, 1981, pp. 16-17.

[53] Ibid. p. 5

[54] P. T. Bauer, `Population explosion: myths and realities’, in Equality, the Third World and Economic Delusion, Harvard University Press, Cambridge, Mass., 1981, pp. 42-65, contains some of the clearest arguments known to the author about this question; also M. Weiner, India at the Polls : the Parliamentary Election of 1977, American Enterprise Institute, Washington DC, 1978, pp. 35-39.

[55] 10 8 million people affected by floods’, The Statesman Weekly, 22 August 1981; also `Down the drain’, Editorial in The Statesman, 8 July 1981.

[56] Justice with speed’, Editorial in The Statesman, Calcutta and New Delhi, 21 July, 1980

[57] Aristotle, op. cit., 1,094a1-1, 094b11.

[58] There are few thorough studies known to the author that are relevant. One such is Asha L. Dattar, India’s Economic Relations with the USSR and Eastern Europe 1953-1969, Cambridge University Press, Cambridge, 1972.

[59] Bauer (1981) op. cit. Chapters 5 & 6.

[60]. Adam Smith op cit Book IV; also B. Baysinger et al.,`Mercantilism as a rent-seeking society’, in Buchanan et al (eds) op. cit. pp. 235-68.

[61] G. Tullock in Buchanan et al. (eds.), op. cit., p. 48.

[62] Bauer (1981), op. cit., p. 144.

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