President Obama’s acceptance speech

From Facebook:

Subroto Roy found this an extraordinarily thoughtful and profound speech, which, apart from its reference to “climate change”, is likely to go down as historic — not least for its restoration of “just war” theory & the canons of international law in general. (His critics who questioned his religion might note the very Christian …thesis: “at the heart of every major religion is that we do unto others as we would have them do unto us. Adhering to this law of love has always been the core struggle of human nature.  We are fallible. We make mistakes, and fall victim to the temptations of pride, and power, and sometimes evil…”)… I hope his Republican critics will give the man a break….

Have I rightly discovered a connection between Barack Obama Senior and the Sidney Poitier character in “Guess Who’s Coming to Dinner?”

Yesterday at Facebook, I posted this

10130_154640892284_632437284_2807214_1294786_n

with the caption: “Guess who came to dinner? A thoughtful portrait of perhaps the most influential graduate student of the late 20th Century….”

Then today I made this more explicit posting the photograph a second time and saying

“Subroto Roy notes that when a 23 year old Barack Obama Sr came to the USA and met Ann Dunham to become the most influential graduate student of the late 20th Century, it was more than a half dozen years before the great Sidney Poitier acted in “Guess who’s coming to dinner?” — and those half dozen years were crucial in the Civil Rights Movement…”

And on the same lines I posted yet again, saying

“Subroto Roy  wonders if the meeting of Barack Obama Senior with Mr and Mrs Dunham was a bit like this portrayal in a famous film more than a half dozen years later”

attached to a photo of the Sidney Poitier character meeting with the Spencer Tracy-Katherine Hepburn characters

poitier

and finally I have posted a fourth time a short while ago saying

“Subroto Roy notes, in reference to his analogy of the 1960 meeting between Barack Obama Sr and Ann Dunham and the characters in the 1967 movie “Guess who’s coming to dinner”, that in both cases the meeting occurred in Hawaii, and the parents of the girl were on the West Coast…. Hmmm…. coincidence? Or did the writer of the movie adapt from a real tit-bit of news?”

Perhaps I have discovered something here, perhaps not.  Either way, American popular culture and American politics have had a felicitous confluence.

Subroto Roy

Postscript 1:

I forget the details of the movie but seem to recall the Sidney Poitier character had to rush off to serve a good cause in….. Africa….

Postscript 2:

There were 17 American States which forbade inter-racial marriages at the time the movie was made in 1967; in 1960 there may have been more though Hawaii,  which became a state on Aug 21 1959, to its credit was not one of them. Thus there is a third possibility beyond coincidence and the writer of the movie hearing about real news, namely, the fact that Hawaii never had “anti-miscegenation” laws, a fact that could help explain both events.

On the curious pre-9/11 quaintness of current criticism of India’s 1998 nuclear tests

I said towards the end of my June 4-5 2006 article in The Statesman “Pakistan’s Allies”

“…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….”

Earlier, in The Statesman of October 26 2005,  I had outlined a series of recent US espionage failures

“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.”

Now as it happens, a couple of days ago, eleven years after the Government of India’s May 1998 underground nuclear tests at Pokhran, an Indian scientist who had something to do with them has engaged in a general discussion about the tests’ efficacy. Indian newspapers duly reported this as part of an ongoing domestic discussion about nuclear policy.

Oddly enough, there has been an instantaneous reaction from American critics of India’s nuclear activities – beginning with Dr Jeffrey Lewis:

“Yes, Virginia, India’s H-bomb fizzled.  K Santhanam (who was director of test site preparations for India’s 1998 nuclear tests… has admitted what everyone else has known for a long time — that India’s 1998 test of a thermonuclear device was unsuccessful.…”

Followed by Mark Hibbs:

“Is this cool or what? I remember what happened when I wrote that article in the fall of 1998 saying in the headline that the US had concluded that the Indian “H-Bomb failed.” Almost overnight after the article was published I got a huge bundle of papers from BARC and DAE sent to me by diplomatic pouch from Mumbai informing me with all kinds of numbers that I was wrong.  I gave the papers to laboratory geoscientists at several European countries and the US. One main CTBTO monitoring scientist told me explicitly: “Nope. The stuff in these papers is shitty science. They haven’t shown that you are wrong.” That having been said, please note however that, as PK Iyengar had made the case to me back a decade ago, once again this “news” is surfacing in India because their bomb makers want to keep testing. Some things in India are changing fast. Other things aren’t.”

Followed by Charles Mead:

“I got into a huge pissing match with the Indians on this issue as I was the principal author of Barker et. al. 1998 which had the yield estimates far below the Indian press releases. A number of Indian scientists tried to submit a comment to Science rebutting our analysis. We asked them to provide the in-country seismic data on which they based their analysis, but they refused. Luckily, in the end, their comment was rejected and never published.  On a related note, I saw the other day that wikipedia has a glowing description of the Indian 1998 tests, citing the inflated yields and saying the tests were a huge technical accomplishment. See http://en.wikipedia.org/wiki/Pokhran-II In the next day or so, I plan to submit a corrected analysis.”

Mark Hibbs:

“Charles, I recall one of your co-authors back then explained to me in nitty-gritty detail your frustration on this with these guys. Please do correct the record for posterity.”

Charles Meade:

“Their arguments at the time were quite remarkable. They said that our seismic data didn’t reflect the true yield because of a complex interference pattern caused by the simultaneous tests. Under these circumstances, they said that one could only obtain the correct yield from near field data. We said, “fine, show it to us”. They refused and that was the end of their paper.”

Yale Simkin:

“The Indian argument: ‘For us to have a nuclear deterrent we must weaponise. For this, we must have fusion weapons, because these are smaller, lighter, and more efficient than fission weapons.’ is a lot of hooey.  They claim to be building a deterrent force, not a war-fighting arsenal with a counter-force capability.  For the size and mass of their likely early-generation fusion designs, they can instead use basic fission bombs yielding in the multi-dekakiloton range – multiples of the hell weapons that incinerated Hiroshima and Nagasaki.  That should be sufficient to deter any rational adversary. And if they aren’t rational, then you have no deterrent.”

Hmmm.  The choice of terminology even within such a brief discussion might reveal a little of the mind-set: “shitty science”, “pissing match”, “a lot of hooey”…

Rather uncool, really.

Specifically:

“A number of Indian scientists tried to submit a comment to Science rebutting our analysis. We asked them to provide the in-country seismic data on which they based their analysis, but they refused. Luckily, in the end, their comment was rejected and never published…. Their arguments at the time were quite remarkable. They said that our seismic data didn’t reflect the true yield because of a complex interference pattern caused by the simultaneous tests. Under these circumstances, they said that one could only obtain the correct yield from near field data. We said, “fine, show it to us”. They refused and that was the end of their paper.

Hmmm — once more.  The words that I have placed in bold above might be prima facie evidence of incorrect and hence unfair editorial procedures having been followed at Science (distinguished as its general reputation may be as a journal).  Why were these here-unnamed “Indian scientists” not allowed to speak for themselves, rather than have their now-unknown statements be bowdlerised out of their critics’ memories a decade later (when these critics themselves had been the subject of the rebuttal)?  Perhaps the rebuttal should not have been refused publication even if it came with an editorial caveat that all the data deemed necessary had not been provided (which may have been the case, for example, due to a Government gag-order).  Readers today would have been able to judge for themselves.

I am happy to claim zero expertise in the field known rather sweetly as “Crater Morphology”; but post 9/11, post-Iraq war, it does seem to me a rather quaint form of prejudice to be using such words as those quoted above  in discussing the precise tonnage of the Indian explosions and how, really, India’s scientists were not up to it.  Perhaps,  when matters of public policy or international diplomacy become involved, science  everywhere is too important to be left to the scientists.

Are all the available data out there in the public domain on which to judge whether the Indian explosions in 1998 were or were not what was precisely claimed at the time?  Apparently not.

Does it matter to anything today?  Hardly.  Not even to the credibility of the Government of India (something on which I have had a lot to say over decades).

Do Governments lie?  Yes Virginia, they do.

Governments the world over, whether Indian, American, Russian, Chinese, British, French, Israeli, Arab, Pakistani or whatever, let aside inter-Governmental bodies constituted by these Governments, are prone to exaggeration, propaganda, self-delusion, self-deception as well as deliberate mendacity, perhaps routinely on a daily basis.

(For myself as an individual, I have had to battle the demonstrated and deliberate mendacity of the government of one of the fifty States in the US federal courts for two decades now, as told of elsewhere…)

An Age of Government Mendacity has seemed to descend upon the world — which makes the smugness expressed so quickly today by the critics of India’s 1998 explosions seem, as I have said, quaint.

Is the current Indian debate indicating something about keeping open the possibility of more tests and isn’t this related to the Indo-US civil nuclear deal?   It may well be, I do not know.  My position for what it is worth has been clear and described in several articles in The Statesman in recent years e.g.

1) Atoms for Peace (or War)  (March 5 2006)

“Atoms for Peace” was Dwight D. Eisenhower’s 1953 speech to the UN (presided over by Jawaharlal Nehru’s sister) from which arose the IAEA. Eisenhower was the warrior par excellence, having led the Allies to victory over Hitler a few years earlier.

Yet he was the first to see “no sane member of the human race” can discover victory in the “desolation, degradation and destruction” of nuclear war. “Occasional pages of history do record the faces of the ‘great destroyers’, but the whole book of history reveals mankind’s never-ending quest for peace and mankind’s God-given capacity to build.” Speaking of the atomic capacity of America’s communist adversary at the time, he said: “We never have, and never will, propose or suggest that the Soviet Union surrender what rightly belongs to it. We will never say that the peoples of the USSR are an enemy with whom we have no desire ever to deal or mingle in friendly and fruitful relationship.” Rather, “if the fearful trend of atomic military build-up can be reversed, this greatest of destructive forces can be developed into a great boon, for the benefit of all mankind…. if the entire body of the world’s scientists and engineers had adequate amounts of fissionable material… this capability would rapidly be transformed into universal, efficient and economic usage”. Eisenhower’s IAEA would receive contributions from national “stockpiles of normal uranium and fissionable materials”, and also impound, store and protect these and devise “methods whereby this fissionable material would be allocated to serve the peaceful pursuits of mankind.…to provide abundant electrical energy in the power-starved areas of the world… to serve the needs rather than the fears of mankind.” When Eisenhower visited India he was greeted as the “Prince of Peace” and a vast multitude threw rose petals as he drove by in an open limousine.

Now, half a century later, Dr Manmohan Singh read a speech in Parliament on February 27 relating to our nuclear discussions with America. But it seems unclear even his speech-writers or technical advisers knew how far it was rhetoric and how far grounded in factual realities. There is also tremendous naivete among India’s media anchors and political leaders as to what exactly has been agreed by the Americans on March 2.

Churchill once asked what might have happened if Lloyd George and Clemenceau told Woodrow Wilson: “Is it not true that nothing but your fixed and expiring tenure of office prevents you from being thrown out of power?” The same holds for George W. Bush today. Wilson made many promises to the world that came to be hit for a six by US legislators. In December 2005, Edward Markey (Democrat) and Fred Upton (Republican) promised to scuttle Bush’s agreements with India, and once the pleasant memories of his India visit fade, Bush may quite easily forget most things about us. All the Americans have actually agreed to do is to keep talking.

It needs to be understood that submarine-launched ballistic missiles are the only ultimate military deterrent. Land and air forces are all vulnerable to a massive first-strike. Only submarines lurking silently for long periods in waters near their target, to launch nuclear warheads upon learning their homeland had been hit by the enemy, act as a deterrent preventing that same enemy from making his attack at all. Indeed, the problem becomes how a submarine commander will receive such information and his instructions during such a war. (For India to acquire an ICBM capability beyond the MRBM Agni rockets is to possess an expensive backward technology — as retrograde as the idea India should spend scarce resources sending manned moon missions half a century after it has already been done. The secret is to do something new and beneficial for mankind, not repeat what others did long ago merely to show we can now do it too.) A nuclear-armed submarine needs to be submerged for long periods and also voyage long distances at sea, and hence needs to be nuclear-powered with a miniature version of a civilian nuclear reactor aboard in which, e.g. rods of enriched uranium are bombarded to release enough energy to run hydroelectric turbines to generate power. Patently, no complete separation of the use of atomic power for peace and war may be practically possible. If India creates e.g. its own thorium reactors for civilian power (and we have vast thorium reserves, the nuclear fuel of the future), and then miniaturised these somehow to manufacture reactors for submarines, the use would be both civilian and military. In 1988 the old USSR leased India a nuclear-powered submarine for “training” purposes, and the Americans did not like it at all. In January 2002, Russia’s Naval Chief announced India was paying to build and then lease from 2004 until 2009 two nuclear-powered Akula-class attack submarines, and Jaswant Singh reportedly said we were paying $1 thousand crore ($10 bn) for such a defence package. Whether the transaction has happened is not known. Once we have nuclear submarines permanently, that would be more than enough of the minimum deterrent sought.

Indeed, India’s public has been barely informed of civilian nuclear energy policy as well, and an opportunity now exists for a mature national debate to take place — both on what and why the military planning has been and what it costs (and whether any bribes have been paid), and also on the cost, efficiency and safety of the plans for greater civilian use of nuclear energy. Government behaviour after the Bhopal gas tragedy does not inspire confidence about Indian responses to a Three Mile Island/Chernobyl kind of catastrophic meltdown.

That being said, the central question remains why India or anyone else needs to be nuclear-armed at all. With Britain, France or Russia, there is no war though all three are always keen to sell India weapons. Indeed it has been a perennial question why France and Britain need their own deterrents. They have not fought one another for more than 100 years and play rugby instead. If Russia was an enemy, could they not count on America? Or could America itself conceivably become an enemy of Britain and France? America owes her origins to both, and though the Americans did fight the British until the early 1800s, they have never fought the French and love the City of Paris too much ever to do so.

Between China and India, regardless of what happened half a century ago, nuclear or any war other than border skirmishes in sparse barren lands is unlikely. Ever since Sun Yat-sen, China has been going through a complex process of self-discovery and self-definition. An ancient nation where Maoism despoiled the traditional culture and destroyed Tibet, China causes others to fear it because of its inscrutability. But it has not been aggressive in recent decades except with Taiwan. It has threatened nuclear war on America if the Americans stand up for Taiwan, but that is not a quarrel in which India has a cogent role. China (for seemingly commercial reasons) did join hands with Pakistan against India, but there is every indication the Chinese are quite bored with what Pakistan has become. With Pakistan, our situation is well-known, and there has been an implicit equilibrium since Pokhran II finally flushed out their capacity. Had India ever any ambition of using conventional war to knock out and occupy Pakistan as a country? Of course not. We are barely able to govern ourselves, let aside try to rule an ideologically hostile Muslim colony in the NorthWest. Pakistan’s purported reasons for acquiring nuclear bombs are spurious, and cruelly so in view of the abject failures of Pakistan’s domestic political economy. Could Pakistan’s Government use its bombs against India arising from its own self-delusions over J&K? Gohar Ayub Khan in 1998-1999 threatened to do so when he said the next war would be over in two hours with an Indian surrender. He thereby became the exception to Eisenhower’s rule requiring sanity. An India-Pakistan nuclear exchange is, unfortunately, not impossible, leaving J&K as Hell where Jahangir had once described it as Heaven on Earth.

America needs to end her recent jingoism and instead rediscover the legacy of Eisenhower. America can lead everyone in the world today including Russia, China, Israel, Iran and North Korea. But she can do so only by example. America can decommission many of her own nuclear weapons and then lead everyone else to the conference table to do at least some of the same. Like the UN, the IAEA (and its NPT) needs urgent reform itself. It is the right time for serious and new world parleys towards the safe use of atoms for peace and their abolition in war. But are there any Eisenhowers or Churchills to lead them?

2) Our  energy interests ( Aug 27-28 2006)

Americans are shrewd and practical people in commercial matters, and expect the same of people they do business with. Caveat emptor, “let the buyer beware”, is the motto they expect those on the other side of the table to be using. Let us not think they are doing us favours in the nuclear deal ~ they are grown-ups looking after their interests and naturally expect we shall look after our own and not expect charity while doing business. Equally, let us not blame the Americans if we find in later years (long after Manmohan Singh and Montek Ahluwalia have exited from India’s stage) that the deal has been implemented in a bad way for our masses of ordinary people.

That said, there is a remarkable disjoint between India’s national energy interests (nuclear interests in particular), and the manner in which the nuclear deal is being perceived and taken to implementation by the two sides. There may be a fundamental gap between the genuine positive benefits the Government of India says the deal contains, and the motivations American businessmen and through them Indian businessmen have had for lobbying American and Indian politicians to support it. An atmosphere of being at cross-purposes has been created, where for example Manmohan Singh is giving answers to questions different from the questions we may want to be asking Montek Ahluwalia. The fundamental gap between what is being said by our Government and what may be intended by the businessmen is something anyone can grasp, though first we shall need some elementary facts.

In 2004, the International Energy Agency estimated the new energy capacity required by rising economic growth in 2020 will derive 1400 GW from burning coal (half of it in China and India), 470 GW from burning oil, 430GW from hydro, and 400 GW from renewable sources like solar or wind power. Because gas prices are expected to remain low worldwide, construction of new nuclear reactors for electricity will be unprofitable. By 2030, new energy expected to be required worldwide is 4700GW, of which only 150GW is expected from new nuclear plants, which will be in any case replacing existing plants due to be retired. Rational choice between different energy sources depends on costs determined by history and geography. Out of some 441 civilian reactors worldwide, France has 59 and these generate 78 per cent of its electricity, the rest coming from hydro. Japan has 54 reactors, generating 34% of its electricity from them. The USA has 104 reactors but generates only 20 per cent of its electricity from them, given its vast alternative sources of power like hydro. In India as of 2003, installed power generating capacity was 107,533.3MW, of which 71 per cent came from burning fuels. Among India’s energy sources, the largest growth-potential is hydroelectric, which does not involve burning fuels ~ gravity moves water from the mountains to the oceans, and this force is harnessed for generation. Our hydro potential, mostly in the North and North-East, is some 150,000MW but our total installed hydro capacity with utilities was only 26,910MW (about 18 per cent of potential). Our 14 civilian nuclear reactors produced merely 4 per cent or less of the electricity being consumed in the country. Those 14 plants will come under “international safeguards” by 2014 under the nuclear deal.

It is extremely likely the international restrictions our existing nuclear plants have been under since the 1970s have hindered if not crippled their functioning and efficiency. At the same time, the restrictions may have caused us to be innovative too. Nuclear power arises from fission of radioactive uranium, plutonium or thorium. India has some 8 million tonnes of monazite deposits along the seacoast of which half may be mined, to yield 225,000 tonnes of thorium metal; we have one innovatively designed thorium reactor under construction. Almost all nuclear energy worldwide today arises from uranium of which there are practically unlimited reserves. Fission of a uranium atom produces 10 million times the energy produced by combustion of an atom of carbon from coal. Gas and fossil fuels may be cheap and in plentiful supply worldwide for generations to come but potential for cheap nuclear energy seems practically infinite. The uranium in seawater can satisfy mankind’s total electricity needs for 7 million years. There is more energy in the uranium impurity present in coal than can arise from actually burning the coal. There is plenty of uranium in granite. None of these become profitable for centuries because there is so much cheap uranium extractable from conventional ores. Design improvements in reactors will also improve productivity; e.g. “fast breeder” reactors “breed” more fissile material than they use, and may get 100 times as much energy from a kilogram of uranium as existing reactors do. India has about 95,000 tonnes of uranium metal that may be mined to yield about 61,000 tonnes net for power generation. Natural uranium is 99.3 per cent of the U-238 isotope and 0.7 per cent of the radioactive U-235 isotope. Nuclear power generation requires “enriched uranium” or “yellow cake” to be created in which U-235 has been increased from 0.7 per cent to 4 to 5 percent. (Nuclear bombs require highly enriched uranium with more than 90 per cent of U-235.) Yellow cake is broken into small pieces, put in metal rods placed in bundles, which are then bombarded by neutrons causing fission. In a reactor, the energy released turns water into steam, which moves turbines generating electricity. While there is no carbon dioxide “waste” as in burning fossil fuels, the “spent” rods of nuclear fuel and other products constitute grave radioactive waste, almost impossible to dispose of.

The plausible part of the Government of India’s official line on the Indo-US nuclear deal is that removing the international restrictions will ~ through importation of new technologies, inputs, fuel etc ~ improve functioning of our 14 existing civilian plants. That is a good thing. Essentially, the price being paid for that improvement is our willingness to commit that those 14 plants will not be used for military purposes. Fair enough: even if we might become less innovative as a result, the overall efficiency gains as a result of the deal will add something to India’s productivity. However, those purchasing decisions involved in enhancing India’s efficiency gains must be made by the Government’s nuclear scientists on technical grounds of improving the working of our existing nuclear infrastructure.

It is a different animal altogether to be purchasing new nuclear reactors on a turn-key basis from American or any other foreign businessmen in a purported attempt to improve India’s “energy security”. (Lalu Yadav has requested a new reactor for Bihar, plus of course Delhi will want one, etc.) The central question over such massive foreign purchases would no longer be the technical one of using the Indo-US deal to improve efficiency or productivity of our existing nuclear infrastructure. Instead it would become a question of calculating social costs and benefits of our investing in nuclear power relative to other sources like hydroelectric power. Even if all other sources of electricity remained constant, and our civilian nuclear capacity alone was made to grow by 100 per cent under the Manmohan-Montek deal-making, that would mean less than 8% of total Indian electricity produced.

This is where the oddities arise and a disjoint becomes apparent between what the Government of India is saying and what American and Indian businessmen have been doing. A “US-India Business Council” has existed for thirty years in Washington as “the premier business advocacy organization promoting US commercial interests in India.… the voice of the American private sector investing in India”. Before the nuclear or any other deals could be contemplated with American business, the USIBC insisted we pay up for Dabhol contracted by a previous Congress Government. The Maharashtra State Electricity Board ~ or rather, its sovereign guarantor the Government of India ~ duly paid out at least $140-$160 million each to General Electric and Bechtel Corporations in “an amicable settlement” of the Dabhol affair. Afterwards, General Electric’s CEO for India was kind enough to say “India is an important country to GE’s global growth. We look forward to working with our partners, customers, and State and Central Governments in helping India continue to develop into a leading world economy”.

Also, a new “US-India CEO Forum” then came about. For two Governments to sponsor private business via such a Forum was “unprecedented”, as noted by Washington’s press during Manmohan Singh’s visit in July 2005. America’s foreign ministry announced it saying: “Both our governments have agreed that we should create a high-level private sector forum to exchange business community views on key economic priorities…” The American side includes heads of AES Corporation, Cargill Inc., Citigroup, JP Morgan Chase, Honeywell, McGraw-Hill, Parsons Brinckerhoff Ltd, PepsiCo, Visa International and Xerox Corporation. The Indian side includes heads of Tata Group, Apollo Hospitals Group, Bharat Forge Ltd, Biocon India Group, HDFC, ICICI One Source, Infosys, ITC Ltd, Max India Group and Reliance Industries. Presiding over the Indian side has been Montek Ahluwalia, Manmohan’s trusted aide ~ and let it be remembered too that the Ahluwalias were Manmohan’s strongest backers in his failed South Delhi Lok Sabha bid. (Indeed it is not clear if the Ahluwalias have been US or Indian residents in recent years, and if it is the former, the onus is on them to clear any perception of conflict of interest arising in regard to roles regarding the nuclear deal or any other official Indo-US business.)

Also, before the Manmohan visit, the Confederation of Indian Industry registered as an official lobbyist in Washington, and went about spending half a million dollars lobbying American politicians for the nuclear deal. After the Manmohan visit, the US Foreign Commercial Service reportedly said American engineering firms, equipment suppliers and contractors faced a $1,000 billion (1 bn =100 crore) opportunity in India. Before President Bush’s visit to India in March 2006, Manmohan Singh signed vast purchases of commercial aircraft from Boeing and Airbus, as well as large weapons’ deals with France and Russia. After the Bush visit, the US Chamber of Commerce said the nuclear deal can cause $100 billion worth of new American business in India’s energy-sector alone. What is going on?

Finally, the main aspect of Manmohan Singh’s address to America’s legislature had to do with agreeing with President Bush “to enhance Indo-US cooperation in the field of civilian nuclear technology”. What precisely does this mean? If it means the Indo-US nuclear deal will help India improve or maintain its existing nuclear infrastructure, well and good. There may be legitimate business for American and other foreign companies in that cause, which also helps India make the efficiency and productivity gains mentioned. Or has the real motivation for the American businessmen driving the deal (with the help of the “CEO Forum” etc) been to sell India nuclear reactors on a turn-key basis (in collaboration with private Indian businessmen) at a time when building new nuclear reactors is unprofitable elsewhere in the world because of low gas prices? India’s citizens may demand to know from the Government whether the Manmohan-Montek deal-making is going to cause importation of new nuclear reactors, and if so, why such an expensive alternative is being considered (relative to e.g. India’s abundant hydroelectric potential) when it will have scant effect in satisfying the country’s energy needs and lead merely to a worsening of our macroeconomic problems. Both Manmohan Singh and Montek Ahluwalia have been already among those to preside over the growth of India’s macroeconomic problems through the 1980s and 1990s.

Lastly, an irrelevant distraction should be gotten out of the way. Are we a “nuclear weapons” state? Of course we are, but does it matter to anything but our vanity? Ronald Reagan and Mikhail Sergeyevich Gorbachev had control over vastly more nuclear weapons and they declared together twenty years ago: “A nuclear war cannot be won and must not be fought”, which is how the Cold War started to come to an end. We need to remind ourselves that India and Pakistan are large, populous countries with hundreds of millions of materially poor, ill-informed citizens, weak tax-bases, humongous internal and external public debts (i.e. debt owed by the Government to domestic and foreign creditors), non-investment grade credit- ratings in world financial markets, massive annual fiscal deficits, inconvertible currencies, nationalized banks, and runaway printing of paper-money. Discussing nuclear or other weapon-systems to attack one other with is mostly a pastime of our cowardly, irresponsible and yes, corrupt, elites.

3) Need for Clarity A poorly drafted treaty driven by business motives is a recipe for international misunderstanding  (August 19 2007)

Confusion prevails over the Indo-US Nuclear Deal. Businessmen, bureaucrats, politicians, diplomats, scientists and now the public at large have all joined in the cacophony in the last two years. On Wednesday August 15, America’s foreign ministry made the clearest most unequivocal statement possible as to the official American Government interpretation of the Indo-US nuclear deal: “The proposed 123 agreement has provisions in it that in an event of a nuclear test by India, then all nuclear co-operation is terminated, as well as there is provision for return of all materials, including reprocessed material covered by the agreement” (Sean McCormack). Yet our Prime Minister had told Parliament two days earlier: “The agreement does not in any way affect India’s right to undertake future nuclear tests, if it is necessary”. What is going on? Our politics are in uproar, and it has been suggested in these pages that the country go to a General Election to allow the people to speak on the matter. Clearly, we need some clarity.

Let us start at the beginning. How did it all originate? The private US nuclear industry prevailed upon India’s government bureaucrats and businessmen over several years that nuclear power is the way forward to solving India’s “infrastructure” problems. They would sell us, in words of the Manmohan-Montek Planning Commission’s energy adviser, “six to eight lightwater reactors” (especially as they may not be able to sell these anywhere else). Our usual prominent self-seeking retired bureaucrats started their waffling about the importance of “infrastructure”.

Then Manmohan Singh felt his foreign travels as PM could be hardly complete without a fife-and-drum visit to the White House. But before he could do so, Dabhol would have to be cleared up since American business in India was on a self-moratorium until GE and Bechtel were paid settlements of some $140-160 million each by the Governments of India and Maharashtra. GE’s CEO for India kindly said afterwards “India is an important country to GE’s global growth. We look forward to working with our partners, customers, and State and Central Governments in helping India continue to develop into a leading world economy”.

Also, before Manmohan’s USA trip, the Confederation of Indian Industry registered as an official Washington lobbyist and spent half a million dollars lobbying American politicians for the deal. (”Why?” would be a good question.)

So Dr Singh was able to make his White House visit, accompanied by US business lobbies saying the nuclear deal can generate $100 billion worth of new American business in India’s energy-sector alone. It is only when business has lubricated politics in America that so much agreement about the India-deal could arise. The “bottom-line” is that six to eight reactors must be sold to India, whatever politics and diplomacy it takes.

Now Dr Singh is not a PM who is a Member of the Lower House of Parliament commanding its confidence. He says his Government constitutes the Executive and can sign treaties on India’s behalf. This is unwise. If he signs a treaty and then the Congress Party loses the next General Election, a new Executive Government can use his same words to rescind the same treaty. What is sauce for the goose is sauce for the gander. One reason we are so confused is that India has not signed very many bilateral treaties, and there is barely a noted specialist in international law anywhere in the country. Dr Singh’s original mentor, PN Haksar, had gone about getting a treaty signed with the USSR back in 1971 which tided us over a war, though the USSR itself collapsed before that treaty ended.

Signing a treaty is much more than signing an international MOU. It requires a national consensus or a least a wide and deep understanding on the part of the public and the political class as to what necessitates the treaty. That plainly does not exist at present. Most people in India do not even know how nuclear power is generated, nor how small and insignificant nuclear power has been in India.

Natural uranium is 99.3 per cent of the U-238 isotope and 0.7 per cent the radioactive U-235 isotope. Nuclear power generation requires “enriched uranium” or “yellow cake” to be created in which U-235 has been increased from 0.7 per cent to 4 to 5 percent. (Nuclear bombs require “highly enriched” uranium with more than 90 per cent of U-235.) Yellow cake is broken into small pieces, put in metal rods placed in bundles, which are then bombarded by neutrons causing fission. In a reactor, the energy released turns water into steam, which moves turbines generating electricity. While there is no carbon dioxide “waste” as in burning fossil fuels, the “spent” rods of nuclear fuel and other products constitute grave radioactive waste, almost impossible to dispose of.

India’s 14 “civilian” nuclear reactors presently produce less than 4% of our total power. 70% of our power arises from burning fossil fuels, mainly coal. Much of the rest arises from hydro. We have vast hydroelectric potential in the North and Northeast but it would take a lot of serious political, administrative and civil engineering effort to organise all that, and there would not be any nice visits to Washington or Paris involved for politicians and bureaucrats.

Simple arithmetic says that even if all our principal energy sources stayed constant and only our tiny nuclear power sector grew by 100%, that would still hardly increase by very much our energy output overall. Placing a couple of expensive modern lightwater reactors around Delhi, a couple around Mumbai and a few other metros will, however, butter already buttered bread quite nicely and keep all those lifts and ACs running.

The agreed text of the “treaty” looks, from a legal standpoint, quite sloppily and hurriedly written ~ almost as if each side has cut and paste its own preferred terms in different places with a nod to the other side. For example, there is mention of “WMD” initially which is repeated as “weapons of mass destruction” just a little later. There is solemn mention of the “Government of India” and “Government of the United States of America” as the “Parties”, but this suddenly becomes merely “United States” and “India” in the middle and then reverts again to the formal usage.

Through the sloppiness comes scope for different interpretations. The Americans have said: try not to test, you don’t need to, we don’t test any more, and you have to know that if you do test, this deal is over, in fact it gets reversed. We have said, okay, we won’t test, and if we do test we know it is over with you but that does not mean it is over with others. Given such sloppy diplomacy and treaty-making, the scope for mutual misunderstanding, even war, remains immense long after all the public Indian moneys have found their way into private pockets worldwide. Will a future President Jeb Bush or Chelsea Clinton send F-22 bombers to bomb India’s nuclear facilities because India has carried out a test yet declined to return American equipment? Riding a tiger is not something generally to be recommended.

The answer to our present conundrum must be patience and the fullest transparency. What is the rush? If it is good or bad for us to buy six or eight new American reactors now, it will remain good or bad to do so a year or two from now after everyone has had a thorough think about everything that is involved. What the Manmohan-Montek Planning Commission needed to do first of all was a thorough cost-benefit analysis of India’s energy requirements but such elementary professionalism has been sorely lacking among our economists for decades.”

Subroto Roy

Can President Obama resist the financial zombies (let alone slay them)? His economists need to consult Dr Anna J Schwartz

The wonders of the Internet continue to surprise (and yes Virginia, there was a world before SMS and before the Internet too).  In early January, in context of India’s Satyam fraud (of a size of perhaps 1 or perhaps 2 billion dollars),  I referred here  to what seemed to me the likelihood of Satyam becoming a zombie company and I said “we in India have many such zombies walking around in the organised business sector”.    I drew attention to Andrew Beattie’s astute  definition of zombies and other such ghoulish phenomena in the financial world, and also referred to John Stepek’s excellent if brief November 2008 analysis “How zombie companies suck the life from an economy”.  Today I find Ms Arianna Huffington has made reference to Mr Martin Wolf’s reference a couple of days ago to zombie companies and to his statement that President Obama needs to “Admit reality, restructure banks and, above all, slay zombie institutions at once.”  Ms Huffington has agreed, though of course all this slaying may be easier said than done.  (It is better that zombies not be created in the first place.)

Mr Wolf has pointedly asked a question that many around the world may have half-thought about but not articulated: “Has Barack Obama’s presidency already failed?”   It would be  a grave and appalling  state of affairs if it has, within less than a month of entering office.   I am grateful to find in Ms Huffington’s article a reference to an October 2008  Wall Stret Journal interview of Dr Anna Jacobson Schwartz, perhaps the most respected voice in monetary economics today.  There have been numerous people claiming to have predicted America’s financial crisis but none may have as much credibility as Dr Schwartz.   Six years ago, in a National Bureau of Economic Research study dated November 2002, “Asset Price Inflation and Monetary Policy”,Working Paper 9321 she had said with utmost clarity: “It is crucial that central banks and regulatory authorities be aware of effects of asset price inflation on the stability of the financial system. Lending activity based on asset collateral during the boom is hazardous to the health of lenders when the boom collapses. One way that authorities can curb the distortion of lenders’ portfolios during asset price booms is to have in place capital requirements that increase with the growth of credit extensions collateralized by assets whose prices have escalated. If financial institutions avoid this pitfall, their soundness will not be impaired when assets backing loans fall in value. Rather than trying to gauge the effects of asset prices on core inflation, central banks may be better advised to be alert to the weakening of financial balance sheets in the aftermath of a fall in value of asset collateral backing loans….”

Most poignantly too, Dr Schwartz was present when Ben Bernanke said  in  a 2002 speech honouring the late Milton Friedman “I would like to say to Milton and Anna: Regarding the Great Depression. You’re right, we did it. We’re very sorry. But thanks to you, we won’t do it again.”   Dr Schwartz told the Wall Street Journal ‘”This was [his] claim to be worthy of running the Fed”.  “He was ‘familiar with history. He knew what had been done.’ But perhaps this is actually Mr. Bernanke’s biggest problem. Today’s crisis isn’t a replay of the problem in the 1930s, but our central bankers have responded by using the tools they should have used then. They are fighting the last war. The result, she argues, has been failure. ‘I don’t see that they’ve achieved what they should have been trying to achieve. So my verdict on this present Fed leadership is that they have not really done their job.'”

President Obama’s economists need to urgently consult Anna J Schwartz.

Subroto Roy, Kolkata

Postscript:  My own brief views on the subject are at “October 1929? Not!” dated September 18 2008, and “America’s divided economists” dated October 26 2008.  The latter article suggested that playing the demographic card and inducing a wave of immigration into the United States may be the surest way to move the housing demand-curve firmly upwards.

American Voices: A Brief Popular History of the United States in 20 You-Tube Music Videos

Someone once wondered if you can play chess without the Queen;  I wonder,  can a poem be written without words?

Certainly no country other than the United States might have its modern history sought to be told of  in a  medley such as this.

SR

Become a US Supreme Court Justice! (Explorations in the Rule of Law in America)

 

For almost two decades, Since the summer of 1988 when *Philosophy of Economics* got accepted for publication, I have found myself in a saga exploring the Rule of Law, the nature of justice and freedom, and the nature of racial animosity and xenophobia in the United States. Judge it here for yourself. Files 1 and 2 marked SCOTUS are the front-matter and Petition for Writ of Mandamus as received by Circuit Justice Sandra Day O’Connor of the Supreme Court of the United States in February 1996. Files 3 to 10 constitute the Appendix of Record giving the rulings of the US District Court for the District of Hawaii and the US Court of Appeals for the Ninth Circuit, including especially in File 8 the “after-discovered” evidence of how my attorney had been covertly purchased by my opponent. An example of perjured trial testimony is contained in File 2. In September 2007, I asked my opponent — the Government of one of the 50 States — to voluntarily admit its wrongdoings to the present Chief Judge of the US District Court as is required by law. Government lawyers should, after all, try to act lawfully.

file1scotuswritofmandamuspetitionfronmatter

file2scotuspetitionforwritofmandamus

file3recordcoverandcontents

file4judgekayon60b6rehimselfb1tob7

file5ninthcircuitbriefingscheduleb8tob9

file6ninthcircuitunlawfulordersb10tob13

file7nnthcircuitdocketb14

file8evidenceofraudoncourtb15tob20

file9districtcourtdocketb21tob331

file10recordendmatterb34tob39


Become a US Supreme Court Justice! (Explorations in the Rule of Law in America) Preface

For almost two decades, Since the summer of 1988 when *Philosophy of Economics* got accepted for publication, I have found myself in a saga exploring the Rule of Law, the nature of justice and freedom, and the nature of racial animosity and xenophobia in the United States. Judge it here for yourself. There are 10 pdf files in a password protected post of the same name. Please send me an email identifying yourself and offering any reason, including curiosity, that you may have to want to examine the matter.

Files 1 and 2 marked SCOTUS are the front-matter and Petition for Writ of Mandamus as received by Circuit Justice Sandra Day O’Connor of the Supreme Court of the United States in February 1996. Files 3 to 10 constitute the Appendix of Record giving the rulings of the US District Court for the District of Hawaii and the US Court of Appeals for the Ninth Circuit, including especially in File 8 the “after-discovered” evidence of how my attorney had been covertly purchased by my opponent. An example of perjured trial testimony is contained in File 2. In September 2007, I asked my opponent — the Government of one of the 50 States — to voluntarily admit its wrongdoings to the present Chief Judge of the US District Court as is required by law. Government lawyers should, after all, try to act lawfully.

For the files with the evidence please see https://independentindian.com/2008/11/09/become-a-us-supreme-court-justice-explorations-in-the-rule-of-law-in-america/

 

America’s divided economists


America’s divided economists

by

Subroto Roy

First published in

Business Standard 26 October 2008

Future doctoral theses about the Great Tremor of 2008 will ask how it was that the Fed chief, who was an academic economist, came to back so wholeheartedly the proposals of the investment banker heading the US Treasury. If Herbert Hoover and FDR in the 1930s started something called fiscal policy for the first time, George W Bush’s lameduck year has marked the total subjugation of monetary policy.

In his 1945 classic, History of Banking Theory, the University of Chicago’s Lloyd Mints said: “No reorganisation of the Federal Reserve System, while preserving its independence from the Treasury, can offer a satisfactory agency for the implementation of monetary policy. The Reserve banks and their branches should be made agencies of the Treasury and all monetary powers delegated by Congress should be given to the Secretary of the Treasury…. It is not at all certain that Treasury control of the stock of money would always be reasonable… but Treasury influence cannot be excluded by the creation of a speciously independent monetary agency that cannot have adequate powers for the performance of its task…” Years later, Milton Friedman himself took a similar position suggesting legislation “to end the independence of the Fed by converting it into a bureau of the Treasury Department…”(see, for example, Essence of Friedman, p 416).

Ben Bernanke’s Fed has now ended any pretence of monetary policy’s independence from the whims and exigencies of executive power. Yet Dr Bernanke’s fellow academic economists have been unanimous in advising caution, patience and more information and reflection upon the facts. The famous letter of 122 economists to the US Congress was a rare statement of sense and practical wisdom. It agreed the situation was difficult and needed bold action. But it said the Paulson-Bernanke plan was an unfair “subsidy to investors at taxpayers’ expense. Investors who took risks to earn profits must also bear the losses. Not every business failure carries systemic risk. The government can ensure a well-functioning financial industry, able to make new loans to creditworthy borrowers, without bailing out particular investors and institutions whose choices proved unwise.”

Besides, the plan was unclear and too far-reaching. “Neither the mission of the new agency nor its oversight are clear. If taxpayers are to buy illiquid and opaque assets from troubled sellers, the terms, occasions, and methods of such purchases must be crystal clear ahead of time and carefully monitored afterwards…. If the plan is enacted, its effects will be with us for a generation. For all their recent troubles, America’s dynamic and innovative private capital markets have brought the nation unparalleled prosperity. Fundamentally weakening those markets in order to calm short-run disruptions is desperately short-sighted.”

The House’s initial bipartisan “backbench revolt” against “The Emergency Economic Stabilisation Act of 2008” (ESSA) followed this academic argument and rejected the Bernanke Fed’s advice. Is there an “emergency”, and if so what is its precise nature? Is this “economic stabilisation”, and if so, how is it going to work? The onus has been on Dr Bernanke and his staff to argue both, not merely to assert them. Even if the House “held its nose” and passed the measure for now, the American electorate is angry and it is anybody’s guess how a new President and Congress will alter all this in a few months.

Several academic economists have argued for specific price-stabilisation of the housing market being the keystone of any large, expensive and risky government intervention. (John McCain has also placed this in the political discussion now.) Roughly speaking, the housing supply-curve has shifted so far to the right that collapsed housing prices need to be dragged back upward by force. Columbia Business School economists Glenn Hubbard and Chris Mayer, both former Bush Administration officials, have proposed allowing “all residential mortgages on primary residences to be refinanced into 30-year fixed-rate mortgages at 5.25 per cent…. close to where mortgage rates would be today with normally functioning mortgage markets….Lower interest rates will mean higher overall house prices…” Yale’s Jonathan Koppell and William Goetzmann have argued very similarly the Treasury “could offer to refinance all mortgages issued in the past five years with a fixed-rate, 30-year mortgage at 6 per cent. No credit scores, no questions asked; just pay off the principal of the existing mortgage with a government check. If monthly payments are still too high, homeowners could reduce their indebtedness in exchange for a share of the future price appreciation of the house. That is, the government would take an ownership interest in the house just as it would take an ownership interest in the financial institutions that would be bailed out under the Treasury’s plan.”

Beyond the short run, the US may play the demographic card by inviting in a few million new immigrants (if nativist feelings hostile to the outsider or newcomer can be controlled, especially in employment). Bad mortgages and foreclosures would vanish as people from around the world who long to live in America buy up all those empty houses and apartments, even in the most desolate or dismal locations. If the US’s housing supply curve has moved so far to the right that the equilibrium price has gone to near zero, the surest way to raise the equilibrium price would be by causing a new wave of immigration leading to a new demand curve arising at a higher level.

Such proposals seek to address the problem at its source. They might have been expected from the Fed’s economists. Instead, ESSA speaks of massive government purchase and control of bad assets “downriver”, without any attempt to face the problem at its source. This makes it merely wishful to think such assets can be sold for a profit at a later date so taxpayers will eventually gain. It is as likely as not the bad assets remain bad assets.

Indeed the University of Chicago’s Casey Mulligan has argued there is a financial crisis involving the banking sector but not an economic one: “We’re not entering a second Great Depression.” The marginal product of capital remains high and increasing “far above the historical average. The third-quarter earnings reports from some companies already suggest that America’s non-financial companies are still making plenty of money…. So, if you are not employed by the financial industry (94 per cent of you are not), don’t worry. The current unemployment rate of 6.1 per cent is not alarming, and we should reconsider whether it is worth it to spend $700 billion to bring it down to 5.9 per cent.”

Dr Bernanke has been a close student of A Monetary History of the United States in which Milton Friedman and Anna J Schwartz argued that the Fed inadvertently worsened the Great Contraction of 1929-1933 by not responding to Congress. Let not future historians find that the Fed, at the behest of the Treasury Secretary, worsened the Great Tremor of 2008 by bamboozling Congress into hasty action.

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

 

 

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.

Milton Friedman: A Man of Reason, 1912-2006

A Man of Reason


Milton Friedman (1912-2006)

 

First published in The Statesman, Perspective Page Nov 22 2006

 

Milton Friedman, who died on 16 November 2006 in San Francisco, was without a doubt the greatest economist after John Maynard Keynes. Before Keynes, great 20th century economists included Alfred Marshall and Knut Wicksell, while Keynes’s contemporaries included Irving Fisher, AC Pigou and many others. Keynes was followed by his younger critic FA Hayek, but Hayek is remembered less for his technical economics as for his criticism of “socialist economics” and contributions to politics. Milton Friedman more than anyone else was Keynes’s successor in economics (and in applied macroeconomics in particular), in the same way David Ricardo had been the successor of Adam Smith. Ricardo disagreed with Smith and Friedman disagreed with Keynes, but the impact of each on the direction and course both of economics and of the world in which they lived was similar in size and scope.

 

Friedman’s impact on the contemporary world may have been largest through his design and advocacy as early as 1953 of the system of floating exchange-rates. In the early 1970s, when the Bretton Woods system of adjustable fixed exchange-rates collapsed and Friedman’s friend and colleague George P. Shultz was US Treasury Secretary in the Nixon Administration, the international monetary system started to become of the kind Friedman had described two decades earlier. Equally large was Friedman’s worldwide impact in re-establishing concern about the frequent cause of macroeconomic inflation being money supply growth rates well above real income growth rates. All contemporary talk of “inflation targeting” among macroeconomic policy-makers since the 1980s has its roots in Friedman’s December 1967 presidential address to the American Economic Association. His main empirical disagreement with Keynes and the Keynesians lay in his belief that people held the intrinsically worthless tokens known as “money” largely in order to expedite their transactions and not as a store of value – hence the “demand for money” was a function mostly of income and not of interest rates, contrary to what Keynes had suggested in his 1930s analysis of “Depression Economics”. It is in this sense that Friedman restored the traditional “quantity theory” as being a specific theory of the demand for money.

 

Friedman’s main descriptive work lay in the monumental Monetary History of the United States he co-authored with Anna J. Schwartz, which suggested drastic contractions of the money supply had contributed to the Great Depression in America. Friedman made innumerable smaller contributions too, the most prominent and foresighted of which had to do with advocating larger parental choice in the public finance of their children’s school education via the use of “vouchers”. The modern Friedman Foundation has that as its main focus of philanthropy. The emphasis on greater individual choice in school education exemplified Friedman’s commitments both to individual freedom and the notion of investment in human capital.

 

Friedman had significant influences upon several non-Western countries too, most prominently India and China, besides a grossly misreported episode in Chile. As described in his autobiography with his wife Rose, Two Lucky People (Chicago 1998), Friedman spent six months in India in 1955 at the Government of India’s invitation during the formulation of the Second Five Year Plan. His work done for the Government of India came to be suppressed for the next 34 years. Peter Bauer had told me during my doctoral work at Cambridge in the late 1970s of the existence of a Friedman memorandum, and N. Georgescu-Roegen told me the same in America in 1980, adding that Friedman had been almost insulted publicly by VKRV Rao at the time after giving a lecture to students on his analysis of India’s problems.

 

When Friedman and I met in 1984, I asked him for the memorandum and he sent me two documents. The main one dated November 1955 I published in Hawaii on 21 May 1989 during a project on a proposed Indian “perestroika” (which contributed to the origins of the 1991 reform through Rajiv Gandhi), and was later published in Delhi in Foundations of India’s Political Economy: Towards an Agenda for the 1990s, edited by myself and WE James.

 

The other document on Mahalanobis is published in The Statesman today for the first time, though there has been an Internet copy floating around for a few years. The Friedmans’ autobiography quoted what I said in 1989 about the 1955 memorandum and may be repeated: “The aims of economic policy (in India) were to create conditions for rapid increase in levels of income and consumption for the mass of the people, and these aims were shared by everyone from PC Mahalanobis to Milton Friedman. The means recommended were different. Mahalanobis advocated a leading role for the state and an emphasis on the growth of physical capital. Friedman advocated a necessary but clearly limited role for the state, and placed on the agenda large-scale investment in the stock of human capital, encouragement of domestic competition, steady and predictable monetary growth, and a flexible exchange rate for the rupee as a convertible hard currency, which would have entailed also an open competitive position in the world economy… If such an alternative had been more thoroughly discussed at the time, the optimal role of the state in India today, as well as the optimum complementarity between human capital and physical capital, may have been more easily determined.”

 

A few months before attending my Hawaii conference on India, Friedman had been in China, and his memorandum to Communist Party General Secretary Zhao Ziyang and two-hour dialogue of 19 September 1988 with him are now classics republished in the 1998 autobiography. Also republished there are all documents relating to Friedman’s six-day academic visit to Chile in March 1975 and his correspondence with General Pinochet, which speak for themselves and make clear Friedman had nothing to do with that regime other than offer his opinion when asked about how to reduce Chile’s hyperinflation at the time.

 

My association with Milton has been the zenith of my engagement with academic economics, with e-mails exchanged as recently as September. I was a doctoral student of his bitter enemy yet for over two decades he not only treated me with unfailing courtesy and affection, he supported me in lonely righteous battles: doing for me what he said he had never done before, which was to stand as an expert witness in a United States Federal Court. I will miss him much though I know that he, as a man of reason, would not have wished me to.

Subroto Roy

American Democracy

AMERICAN DEMOCRACY

Does America need a Prime Minister and a longer-lived Legislature?

by

Subroto Roy

First published in The Sunday Statesman

Editorial Page Special Article

Nov 5 2006

see too https://independentindian.com/2016/11/24/fixing-washington-on-improving-institutional-design-in-the-united-states/

The politics of the United States in the last few decades has become so opaque, it is hard to see what goes on, beyond the banal superficialities. Competitive commercial television, an American institutional invention, is hardly the most suitable keeper of any nation’s historical and political heritage, nor a source of accurate collective political memory, and without political memory it is not possible to understand the present or anticipate the future. Yet most modern Americans are compelled by circumstances to comprehend the national or state-level politics of their enormous variegated land of 300 million people only through the very coarse filter provided by commercial television.

Television obviously demands passivity, dissipating a viewer’s ability to reason about or reflect on any information being offered. A newspaper report “Plane crash kills 120” in a front-page column, causes the information to be absorbed in context along with the rest of the day’s news. If the radio says “An aeroplane crashed today, and all 120 passengers aboard are feared dead”, the same event is felt through the invisible newsreader’s voice, the listener being left to imagine the awfulness of what happened. But for TV to report the same event requires pompous self-conscious studio-anchors, helicopters at the scene, interviews with weeping relatives, and instant analyses of the crash’s causes, all under a banner of “Breaking News”. The average viewer is left not so much sympathising with the victims as feeling enervated and anxious about air-travel and the world in general — besides being left ignorant of the rest of the day’s happenings.

In reaching mass-audiences with advertisements of commercial products, TV quickly obtained the general surrender of radio in American homes, though radio still controls what modern Americans hear in the time they spend in their automobiles (and they spend a larger fraction there than any other people). Newspapers signalled their abject surrender to TV by “dumbing down” their front-pages with large photographs as pathetic reminders of yesterday’s TV events, or headlines that sound racy, sensational, glamorous or with-it. Given the transient nature of all news and expense of printing it on newsprint, actually reading newspapers (as opposed to looking at advertising supplements) has become in the age of TV a minor middle class indulgence, although the editorial pages of a handful of “national” newspapers remains the last refuge of serious political discussion in the USA and elsewhere.

American politics filtered through commercial television has caused all issues and politicians, whether national, state and/or local, to tend to become like products and brands available to be bought and sold at the right price. Yet American television also produced a serious reaction to its own banalities by starting in the early 1980s news-reporting and analysis on “Public Television” and also on “C-Span”. “Public Television” (as opposed to commercial or cable networks) produced what came to be known as the “MacNeill-Lehrer NewsHour”, which set the benchmark for all political news and commentary in the USA and indeed across the globe to this day. C-Span took the unusual step of sending television cameras to silently record all political events, especially the seemingly least significant and most tedious of legislative committee meetings or political speeches, and then broadcasting these endlessly 24 hours a day along with very dry political analysis and comment. Both provided a little (“highbrow”) sobriety to the otherwise drunken political culture created by American commercial television. Along with a small number of newspapers like the Wall Street Journal, New York Times, Washington Post, LA Times, San Francisco Chronicle, Christian Science Monitor and USA Today, MacNeill-Lehrer and C-Span and the odd Sunday morning news-show on commercial TV, gave America’s politically conscious classes their access to information and analysis about their own country and what was being done in its name in the wider world. At least that was so until the 2003 attack on Iraq — during which acceptance of the US military procedure of “embedded reporters” ruined America’s traditions of a free press. Since 2003, growth of political coverage on the Internet especially via “blogging” has caused more candour to penetrate American politics and to explode the dissimulations of the “mainstream media”.

Besides politics via television, the other main factor affecting the attention-deficit disorder, short time-horizon and lack of perspective and depth afflicting modern American discourse, has been the rigid time-table of a Constitution written for a long gone era. Every even-numbered year is an election year in America, and that election is held in the first week of November. Hence on 7 November 2006 America will go to the polls, as it did in November 2004 and as it will again in November 2008. Each requires the entire lower legislative house to be newly elected.

Now two years may have been a long time in the late 18th Century when the US Constitution was written, and transport and communications between the Capitol and the new States was hazardous or time-consuming. But in modern times two years are over in the blink of an eyelid. Members of the American House of Representatives must then spend their time either talking about public money and how to spend it (as only they are authorized to do), or private money and how to earn it in order to stay elected and be able to talk about how to spend the public money. Inevitably, these two activities get confused with each other. The two year term of the American lower house may well be the shortest anywhere in the world, and may deserve to be doubled at least.

The upper house elects two senior politicians from each of the 50 States (regardless of its size or importance) for a 6 year term each, with one-third of the house returning to face the electorate at each of the biennial national elections. These 100 Senators at any given time have often constituted a fine deliberative body, and, along with the executive governors of the larger States, the pool from which America’s presidents and vice-presidents get to be chosen. Yet the Senate has also often enough palpably failed in its “advice and consent” role vis-à-vis the American President — whether in the matter of America never becoming a member of the League of Nations because of Senate isolationism despite Woodrow Wilson having invented it (something the British and French found so bewildering and frustrating), or the modern Senate caving in to the jingoism unleashed by the father-son Bush Presidencies only to then say “Oops, we’ve made a mistake”.

Another fundamental institutional problem at the root of modern American politics today is the lack of separation between the Head of State and Head of Government. This not merely causes people with the wrong ambitions and abilities to want to become President (because they lust in juvenile fashion to fire cruise missiles or fly onto aircraft carriers), it also causes the business of serious governance to frequently stop getting done because of endless paralysis between the President and Legislature. Churchill perspicaciously observed: “The rigid Constitution of the United States, the gigantic scale and strength of its party machinery, the fixed terms for which public officers and representatives are chosen, invest the President with a greater measure of autocratic power than… by the Head of any great State. The vast size of the country, the diverse types, interests and environments of its enormous population, the safety-valve function of the legislatures of fifty Sovereign States, make the focussing of national public opinion difficult, and confer upon the Federal Government exceptional independence of it except at fixed election times. Few modern Governments need to concern themselves so little with the opinion of the party they have beaten at the polls; none secures to its supreme executive officer, at once the Sovereign and the Party Leader, such direct personal authority.” There is an argument to be made for the American President to become more of a constitutional figurehead representing the thoughtful will of the Union and all the 50 States, while an American Prime Minister comes to be elected by the Legislature as a more subdued, sober and competent Head of Government. It would be a healthy development for America’s domestic and international politics, and hence better for the rest of the world as well.

Addendum to *Modern World History, 2006*

Subroto Roy adds  at Facebook 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.

Separation of Powers: India, the USA, Pakistan

SEPARATION OF POWERS

Montesquieu’s Spirit of the Laws outlined a doctrine that applies to India, the USA and all constitutional democracies: there is no monopoly of political wisdom.

By SUBROTO ROY
First published in The Sunday Statesman, The Statesman Editorial Page, Special Article Feb 12-13 2006

The Speaker’s noble office is that of the single member of the House, traditionally chosen by unanimity, whose task it is to self-effacingly maintain order in Parliamentary debate and proceedings, so that the House’s work gets done. C’est tout. Once chosen Speaker, he ipso facto retires from partisan politics for life. The Speaker neither contributes to the substance of Parliamentary debate (except in the rare case of a tie) nor has to feel personally responsible for Parliament’s conduct.

Our Parliament has tended to become so dysfunctional since Indira Gandhi and her sycophants destroyed its traditions 30 years ago, that supervising its normal work is an onerous enough task for even the finest of Speakers to handle.

The Lok Sabha’s incumbent Speaker has tended to see himself as the champion of Parliament.  He need not.  He does not command a majority in the Lok Sabha; the Government Party does. We have had the oddest peculiarity unfolding in India at present where the person who does command the Lok Sabha’s majority, and therefore who would be normally defined as Prime Minister of India, has chosen to nominate someone who is not a member of the Lok Sabha to act as Prime Minister, i.e. to command the Lok Sabha’s majority. (The Rajya Sabha was and remains irrelevant to most things important to Indian democracy, regardless of its narcissism and vanity). Someone with access to 10 Janpath should have told Sonia Gandhi in May 2004 that if she did not wish to be PM and wanted to gift the job to someone else, she should do so to someone who, like herself, had been elected to the Lok Sabha, like Pranab Mukherjee (elected for the first time) or Kamal Nath or Priya Ranjan (both veterans).

Manmohan Singh, a former Lok Sabha candidate, may as Finance Minister have been able to progress much further with economic reforms. But sycophancy has ruled the roost in the Congress’s higher echelons, and nobody had the guts to tell her that. Indeed as early as December 2001, Congress leaders knew that in the unlikely event they won the polls, Manmohan Singh would likely be PM by Sonia Gandhi’s choice (though he was not expected to last long at the top), and yet he did not contest the Lok Sabha polls in 2004.

The Government of the day, not the Speaker, is Parliament’s champion in any discussion with the Supreme Court over constitutional rights and Separation of Powers. And the Government has in fact quietly and sensibly requested the Supreme Court to set up a Constitutional Bench for this purpose. Such a Constitutional Bench shall have cause to ask itself how far Kesavananda Bharati needs to be tweaked if at all to accommodate the contention that Parliament has a right to judge its own members. The Court may well likely say that of course Parliament has a right to judge its own members but even that right is not an absolute right, (nothing is). Even Parliament’s right to judge its own members must be in accordance with natural law, with principles of justice, with due and clearly defined processes. E.g. the established Privileges Committee and not the ad hoc Bansal Committee had to do the needful.

Imagine a hypothetical case of fantastic fiction where half a dozen independent MPs are elected to a future Lok Sabha, and then take it upon themselves to expose corruption and shenanigans of all major political parties. Our fantastic super-heroes become whistleblowers within Parliament itself while remaining totally incorruptible as individuals — like Eliot Ness’s team who jailed Al Capone and other gangsters, and came to be depicted in Hollywood’s The Untouchables. These Untouchables would come to be feared and despised by everyone from Communists on one side of the political spectrum to Fascists on the other. They would upset everybody precisely because they were so clean and were not purchasable. The Government and Opposition of the day might wellgang up to expel such troublemakers and even fabricate charges to do so. (Now there’s a script for a Bollywood movie!)

What our Supreme Court’s Constitutional Bench decides now in the matter at hand will determine the fate of our super-heroes in such a future fantasia. The present case is a polar opposite — where MPs have been caught on camera with their sordid fingers in the cookie-jar, and then made to walk the plank immediately by their peers. Yet natural law applies here as it will to our fantastic future fighters, and this is what the Bench would have to speak on.

Why the present situation continues to be disconcerting is because the whole country heard all the holier-than-thou protestations, yet everyone continues to take a very dim view of what they see of politicians’ behaviour. There remain strong suspicions that only a few very tiny tips of very large icebergs were or can be caught on camera. Large-scale deals and contracts involve payments into invisible bank accounts, not petty cash into pockets or even suitcases filled with cash sloshing around Delhi.

What we have desperately needed in the situation is modern prime ministerial leadership which could intelligently and boldly guide national debate in the right direction on the whole matter of probity in public life. Why a distinguished parliamentarian like the Speaker has found himself in the limelight is because neither the de jure nor de facto Prime Ministers of India are anywhere to be seen thinking on their feet on these central issues of constitutional procedure and practice. They tend to use prepared scripts and may be temperamentally disinclined to do what has been called for by these unscripted circumstances. (Indeed the much-maligned H. D. Deve Gowda could be alone among the bevy of recent PMs who has been able to think on his feet at all.)

Collapse Before Executive Power

In the meantime, the United States is going through its own Separation of Powers’ crisis. As explained in these columns previously, the American system is distinctly different from the British, and our own system is midway between them. Yet similar principles may be discerned to apply or fail to be applied in all.

Winston Churchill once perspicaciously observed:

“The rigid Constitution of the United States, the gigantic scale and strength of its party machinery, the fixed terms for which public officers and representatives are chosen, invest the President with a greater measure of autocratic power than was possessed before (the First World War) by the Head of any great State. The vast size of the country, the diverse types, interests and environments of its enormous population, the safety-valve function of the legislatures of fifty Sovereign States, make the focussing of national public opinion difficult, and confer upon the Federal Government exceptional independence of it except at fixed election times. Few modern Governments need to concern themselves so little with the opinion of the party they have beaten at the polls; none secures to its supreme executive officer, at once the Sovereign and the Party Leader, such direct personal authority.”

America’s Legislative Branch has, on paper, strong powers of advice and consent to control errors, excesses or abuse of power by the Executive President. But (with rare and courageous exceptions like Sen. Robert C. Byrd of West Virginia) the Legislature cravenly collapsed before the father-son Bush presidencies in regard to the Middle East wars of recent years. America’s once-revered federal judiciary has also tended to lose its independence of mind with overt politicisation of judicial appointments in recent decades.

Bush the First went to war against Saddam Hussein (a former American ally against Islamic Iran) at least partly with an eye to winning re-election in 1992 (which he would have done as a result but for a random shock known as Ross Perot; Bill Clinton became the beneficiary). Bush the Second obsessively wished to follow up on the same, to the point of misjudging the real threat to America from Bin Laden and fabricating a false threat from an emasculated Saddam.

America’s Legislature palpably failed to control her Presidents. Now, late in the day, after all the horses have bolted, the Senate Judiciary Committee began tepid hearings on February 5 2006 into whether the President authorized laws to be broken with impunity in regard to wire-tapping some 5,000 citizens (doubtless mostly non-white and Muslim) without judicial warrants. Republican Senator Arlen Specter, the Committee’s Chairman, has said he believes the Foreign Intelligence Surveillance Act has been “flatly” violated, and “strained and unrealistic” justifications are now being offered. Bush’s men, from his Vice President and Attorney General to political intelligence operatives, have brazenly placed in the dustbin the traditional principle fiat justitia pereat mundus — let justice be done even if the world perishes — saying that the Sovereign can do just as he pleases to save the realm from external enemies as he might perceive and define them to be.

What this kind of collapse in current American practice reveals is a new aspect unknown at the time of Montesquieu’s Spirit of the Laws. In the modern world, Separation of Powers involves not merely constitutional institutions like Executive, Legislature and Judiciary but also the normal civil institutions of a free and open society, especially academic institutions and the press. In America, it has been not merely the Legislature and Judiciary which have tended to collapse before Executive Power in regard to the recent Middle East wars, but the media and academia as well.

“Embedded reporters” and Fox TV set the tone for America’s official thought processes about Iraq and the Muslim world — until it has become too late for America’s mainstream media or academics to recover their own credibility on the subject. On the other hand, unofficial public opinion has, in America’s best traditions, demonstrated using vast numbers of Internet websites and weblogs, a spirited Yankee Doodle individuality against the jingoism and war-mongering of the official polity.

Neither the press nor academia had collapsed the same way during America’s last major foreign wars in Vietnam and Cambodia forty years ago, and it may be fairly said that America’s self-knowledge was rather better then than it is now, except of course there were no Internet websites and weblogs.

Our Pakistani Cousins
Across the border from us, our Pakistani cousins are, from a political and constitutional point of view, cut from the same cloth as ourselves, namely the 1935 Government of India Act, and the Montague-Chelmsford and Morley-Minto reforms earlier. However, ever since Jinnah’s death, they have refused to admit this and instead embarked haplessly on what can only be called an injudicious path of trying to write a Constitution for a new Caliphate. The primary demand of the main scholars influencing this process was “That the sovereignty in Pakistan belongs to God Almighty alone and that the Government of Pakistan shall administer the country as His agent”. By such a view, in the words of Rashid Rida and Maulana Maududi, Islam becomes “the very antithesis of secular Western democracy. The philosophical foundation of Western democracy is the sovereignty of the people. Lawmaking is their prerogative and legislation must correspond to the mood and temper of their opinion… Islam… altogether repudiates the philosophy of popular sovereignty and rears its polity on the foundations of the sovereignty of God and the viceregency (Khilafat) of man.” (Rosenthal, Islam & the Modern National State, Cambridge 1965.) Pakistan’s few modern constitutionalists have been ever since battling impossibly to overcome the ontological error made here of assuming that any mundane government can be in communication with God Almighty. In the meantime, 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 — while the Pakistan Armed Forces stepped in with their own large economic and political interests and agendas to effectively take over the country and the society as a whole, on pretext of protecting Pakistan from India or of gaining J&K for it. Pakistan’s political problems have the ontological error at their root. Pakistan’s political parties, academics and press, have with rare exceptions remained timid in face of the militaristic State — directing their anger and frustration at an easier target instead, namely ourselves in India. The Pakistan Government’s way of silencing its few political, academic or press dissidents has been to send them into comfortable exile abroad.

Sheikh Abdullah Contrasted
Pakistan’s perpetual constitutional confusion deserves to be contrasted with the clarity of Sheikh Mohammad Abdullah’s thinking, e.g. his 5 November 1951 speech to the Constituent Assembly of J&K: “You are the sovereign authority in this State of Jammu & Kashmir; what you decide has the irrevocable force of law. The basic democratic principle of sovereignty of the nation, embodied ably in the American and French Constitutions, is once again given shape in our midst. I shall quote the famous words of Article 3 of the French Constitution of 1791:- ‘The source of all sovereignty resides fundamentally in the nation. Sovereignty is one and indivisible, inalienable and imprescriptable. It belongs to the nation.’ We should be clear about the responsibilities that this power invests us with. In front of us lie decisions of the highest national importance which we shall be called upon to take. Upon the correctness of our decisions depends not only the happiness of our land and people now, but the fate as well of generations to come.”

Contrasting the Pakistani views of constitution-making with those of Sheikh Abdullah may help to explain a great deal about where we are today on the delicate and profound subject of J&K. (See “Solving Kashmir”, The Statesman, December 1—3, 2005)

India’s current debate about Separation of Powers needs to keep at a distance the clear negative examples of our American friends, who have brought upon themselves in recent times a craven collapse of Legislature, Judiciary, press and academia to the Executive President (as Churchill had seemed to predict), as well as of our Pakistani cousins who have continued with general political and civil collapse for half a century. Because our universities are all owned by the State, India’s academics, from Communist to Fascist, have tended to be servile towards it. In respect of the press, the power of independent newspapers has been dwindling, while the new TV anchors have created their own models of obsequiousness and chummery towards New Delhi’s ruling cliques of the day. It thus becomes India’s Supreme Court which remains the ultimate guardian of our Constitution and the safest haven of our very fragile freedoms — besides of course our own minds and hearts.