January 20, 2009 — drsubrotoroy
President Barack Obama will be in all likelihood as worthy and competent a head of state and head of government as there has been anywhere, and, as he enters his high office, he deserves the good wishes of the world.
The beautiful State of Hawaii can proudly call him its most famous native son.
South Beretania where he apparently lived some years is a short walk from Punahou Towers at 1621 Dole where I once owned a condo, from which could be seen the school the new President attended for some time. He happens to be the first US President in my lifetime whom I find myself older than in age.
I expect President Obama may well find governance to be much different from the campaign: requiring more truth and less rhetoric, more circumspection and less dogmatism.
“Yes we can” will likely have to give way to something like “Yes we might be able to do that. Perhaps we ought to. But again, perhaps we ought not to. I think I’ll have to think about this one more time.”
Most important might be the words of Oliver Cromwell: “Think it possible you may be mistaken”.
Subroto Roy, Kolkata
January 20 2009
May 7, 2006 — drsubrotoroy
MODERN WORLD HISTORY
by Subroto Roy
First published in The Sunday Statesman, Editorial Page Special Article May 7 2006
MUCH as we in India might like to think we were the central focus of Britain’s national life in the 19th and 20th Centuries, we were not. India’s matters were handled mostly by a senior cabinet minister to whom the governor-general or viceroy reported. Though possession and control of India gave the British a sense of mission, self-importance and grandeur, and events in India (mostly bad ones) could hog the newspapers for a few days, it was never the case that India dominated Britain’s political consciousness or national agenda for any length of time. British prime ministers and diplomatists, from Pitt through Canning, Palmerston, Peel, Gladstone, Granville, Disraeli and Salisbury, mostly had other concerns of foreign policy, mostly in Europe and also in the Americas, Africa, and the Near and Far East. India was peripheral to their vision except as a place to be held against any encroachment.
A French historian used to begin lectures on British history saying “Messieurs, l’Angleterre est une ile.” (“Gentlemen, Britain is an island.”) The period of unambiguous British dominance of world diplomacy began with Pitt’s response to the French Revolution, and unambiguously ended in 1917 when Britain and France could have lost the war to Germany if America had not intervened. Since then, America has taken over Britain’s role in world diplomacy, though Lloyd George and Churchill, to a smaller extent Harold Wilson, and finally Thatcher, were respected British voices in world circles. Thatcher’s successor Major failed by seeming immature, while his successor Blair has failed by being immature to the point of being branded America’s “poodle”, making Britain’s loss of prestige complete.
Between Pitt and Flanders though, Britain’s dominance of world affairs and the process of defining the parameters of international conduct was clear. It was an era in which nations fought using ships, cannon, cavalry and infantry. The machine-gun, airpower and automobile had been hardly invented. Yet it is amazing how many technological inventions and innovations occurred during that era, many in Britain and the new America, vastly improving the welfare of masses of people: the steam-engine, the cotton gin, railways, electricity, telecommunications, systems of public hygiene etc. The age of American dominance has been one of petroleum, airpower, guided missiles and nuclear energy, as well as of penicillin and modern medicine.
It was during the period 1791-1991, between the French Revolution and the collapse of the Union of Soviet Socialist Republics, that world diplomacy created the system of “Western” nation-states, from Canning’s recognition of Mexico, Brazil, Argentina, Colombia etc to the emergence of the European Union. There is today peace in Europe and it has become unthinkable there will be war between e.g. France and Germany except on a soccer pitch. Even the unstable Balkans have stabilised. The transition from British to American dominance occurred during and because of the 1914-1918 World War, yet that war’s causes had nothing to do with America and hence America’s rise has been somewhat fortuitous. The War superficially had to do with those unstable Balkans in the summer of 1914 and the system of alliances developed over the previous 100 years; beneath was the economic rise of the new Germany.
Austro-Hungary went to war against Serbia, causing Germany its ally into war with Russia, Serbia’s ally. Belgium’s neutrality was guaranteed through British diplomacy by the Treaty of London in 1839 signed by Austria, France, Britain, Russia and Prussia. This “scrap of paper” Germany tore up to invade Belgium on 4 August 1914, because it was easier to attack France through Belgium than directly as most French generals had expected. Though Germany had no dispute with France, France was Russia’s ally, and the Germans had long-feared fighting on two fronts against larger but more slowly mobilising forces. Violation of Belgian neutrality caused Britain into war with Germany. So all Europe was at war from which it would fail to extricate itself without American intervention. This arrived in 1917 though it too had been provoked by German submarines sinking American ships in the Atlantic. The actual impact of American forces entering the battlefields was small, and it was after the Armistice, when the issue arose of reparations by Germany to everyone and repayments by Britain and France to America, that America’s role became dominant. New York took over from London as the world’s financial capital.
Woodrow Wilson longed to impose a system of transparent international relations on the Europeans who had been used to secret deals and intrigues. He failed, especially when America’s Senate vetoed America’s own entry into the League of Nations. America became isolationist, wishing to have nothing more to do with European wars ~ and remains to this day indifferent towards the League’s successor. But the War also saw Lenin’s Bolsheviks grab power after Russia extricated itself from fighting Germany by the peace of Brest-Litovsk. And the Armistice saw the French desire to humiliate and destroy German power for ever, which in turn sowed the seeds for Hitler’s rise. And the War also had led to the British making the Balfour Declaration that a Jewish “National Home” would arise in Palestine in amity and cooperation with the Arabs. The evolution of these three events dominated the remainder of the 20th Century ~along with the rise and defeat of an imperialist Japan, the rise of communist China, and later, the defeat of both France and America in Vietnam.
Hitler invaded Poland on 1 September 1939, and Britain and France declared war on Germany on 3 September. The next day in faraway India, the British in a panic started to place Jinnah on an equal footing as Gandhi ~ astounding Jinnah himself as much as anyone since his few supporters had lost the 1937 elections badly, especially in the provinces that today constitute the country he wished for. After the defeat and occupation of Germany and Japan, America’s economic supremacy was unquestionable. Utterly exhausted from war, the British had no choice but to leave India’s angry peoples to their own fates, and retreated to their fortified island again ~ though as brown and black immigration increased with the end of Empire, many pale-skinned natives boarded ships for Canada, Australia and New Zealand. America came to have much respect for its junior British ally during the fight against Hitler and later in the political battle against the USSR. It was Thatcher who (after battling Argentina in the South Atlantic) led Reagan to make peace with Gorbachov. With the end of Soviet communism, Germany would be unified again. All across Christendom there was peace for the first time ever, and a militarily powerful nuclear-armed Israel had been created too in the old Palestine. In this new period of world history, the Security Council’s permanent members are the modern version of the “Great Powers” of the 19th Century. The American-led and British-supported destruction of Baathist Iraq, and threatened destruction of Khomeinist Iran mark the final end of the League of Nations’ ethos which had arisen from the condemnation of aggression. In Osama bin Laden’s quaint idiom, there seems a battle of “Crusaders” and “Zionists” against Muslim believers. Certainly Muslim believers (which means most Muslims as there are relatively few agnostics and atheists among them) think that it is obvious that the Universe was created, and that its Creator finally and definitively spoke through one human being in 7th Century Arabia. Many people from North Africa to the Philippines are not often able to conceive how things might have been otherwise. The new era of history will undoubtedly see all kinds of conversations take place about this rather subtle question.
January 13, 2006 — drsubrotoroy
India’s Separation Of Powers’ Doctrine
First published in The Statesman Jan 13 2006 Editorial Page Special Article,
By Subroto Roy
The Speaker does not like the fact the High Court has issued notices questioning the procedure he followed in expelling MPs from Parliament. Sonia Gandhi’s self-styled “National Advisory Council” has demanded control over disbursement of 100,000,000,000 rupees of public money. The Manmohan Singh Government plans to quietly ignore the Supreme Court’s finding that it had breached India’s Constitution in imposing President’s Rule in Bihar. All three issues have to do with application of India’s Separation of Powers Doctrine, i.e. the appropriate delimitation of Constitutional powers between our Legislature, Executive and Judiciary.
A constitutional crime was attempted in India during the Indira-Sanjay Gandhi political “Emergency” declared on 26 June 1975. On 10 November 1975 (a time of press censorship) a 13-judge Bench of the Supreme Court met to hear the Government plead for overrule of Kesavananda Bharati (A.I.R. 1973 S.C. 1461), a landmark Nani Palkhivala once called “the greatest contribution of the Republic of India to constitutional jurisprudence”. Within two days, the Government had failed in the Court, and Kesavananda held. What was upheld? That while India’s Parliament was sovereign and could amend the Constitution, the amending power may not be used to alter or destroy “the basic structure or framework of the Constitution”. And the Supreme Court decides for itself whether Parliament has exceeded its legitimate power to amend.
Palkhivala’s description of what constitutes the “basic structure or framework” of India’s Constitution is excellent enough: “the rule of law, the right to personal liberty and freedom from arbitrary arrest and imprisonment, the right to dissent which implies the freedom of speech and expression and a free press are… a part of the basic structure of a free democracy, and it is these priceless human freedoms which cannot be destroyed by Parliament in exercise of its amending power. Thus Kesavananda’s case ensures that tyranny and despotism shall not masquerade as constitutionalism.”
Palkhivala argued that, if anything, the aspects of Kesavananda that needed to be set aside were those that had over-ruled Golaknath (A.I.R. 1967 S.C. 1643) which said Parliament should not be held to have the power to abridge any fundamental right, indeed any amended article which abrogates any fundamental right is invalid.
Dicey said “In the principle of the distribution of powers which determines its form, the constitution of the United States is the exact opposite of the English constitution.” Kesavananda Bharati showed the midway point between the two in constitutional jurisprudence anywhere in the world. We are like the Americans and unlike the British first in being a Republic, and secondly in having an explicit written Constitution. We are like the British and unlike the Americans in being a parliamentary democracy where the Executive Branch of Government, namely the Prime Minister and his/her Cabinet is elected from within the Legislative Branch of Government, namely, Parliament, and must at all times retain the confidence of the latter, specifically the Lok Sabha, the House of the People.
The American Executive Branch has a directly-elected President who chooses his administration, and it is commonplace for him to not have the confidence of the Upper or Lower House of the Legislature, to the point that one recent president had to undergo impeachment proceedings and barely survived. There is no constitutional crisis in America if the Legislature loathes the President and wishes him out. The American President and his Executive Branch stay in office until the last minute of his fixed term.
PM answers to Parliament
In our system, the Prime Minister answers at all times to Parliament. Parliament in India’s democracy has normally meant the House of the People — where every member has contested and won a direct vote in his/her constituency. India’s current Lok Sabha has set a constitutional precedent not seen in more than a hundred years anywhere in electing an Executive led by someone not a member. The British Upper House used to have an aristocratic hereditary component which Mr Blair’s New Labour Government has removed, making it more like what the Rajya Sabha was supposed to be — except that by now our Rajya Sabha has tended to become a place for party worthies who have lost normal elections, superannuated cinematic personalities, perpetual bureaucrats still seeking office, and others who really should be at home helping to raise the grandchildren. Parliament may not have fully recovered its health ever since that constitutional crime committed against the Republic known as the Indira-Sanjay “Emergency” (and at least one member of Sanjay’s coterie wields much power today).
Crimes and misdemeanours
The Supreme Court’s finding that the Government breached the Constitution by imposing President’s Rule in Bihar is a finding not of a constitutional crime but of a constitutional misdemeanour. (For reasons given already in these columns on 20 October 2005, it has nothing to do with the President, who merely embodies the sovereignty of our Republic.) For an Executive Order or Legislative Act to be found by a competent Court as being unconstitutional means merely that it does not have to be obeyed by citizens. In the Bihar case, the Supreme Court found this consequence irrelevant because new elections were already in process, the result of which would come from the most authentic democratic voice possible, namely, the same people who elect the House of the People in the first place. India’s Executive has been found to have committed a constitutional misdemeanour, for which it needed to apologise to the Court and Parliament (who are its constitutional co-equals) and then ask the latter to renew its confidence — in which event, life goes on. If confidence was not renewed, the Government would fall and a new Government would have to be formed. But we do not have yet the idea of a backbench revolt —mainly because all the front benches themselves have tended to be in such confusion and disarray with regard to parliamentary traditions, processes and functions.
The Supreme Court as the ultimate protector of the Constitution would be well within its prerogative to oversee whether a Parliamentary Speaker has acted appropriately. Consider a hypothetical case. Once elected, a Speaker is supposed to have no party-affiliation ever more for the rest of his/her life. Suppose, hypothetically, a controlled experiment found a Speaker systematically biased in favour of his/her own former party-members and against their opponents. Where but the Courts could such arbitrariness be effectively remonstrated against? Even if the incumbent Speaker impossibly imagines himself the personal embodiment of the Legislative Branch, he is not beyond the Constitution and therefore not beyond India’s Separation of Powers’ Doctrine.
The Opposition had alleged that the Speaker failed to follow procedure which required the culprits in the expulsion case be referred to the Privileges Committee. But beyond that the Opposition was too confused and guilt-ridden to pursue the matter during the dying moments of Parliament’s Winter Session. In the clear light of day, the issue has now ended up in the Courts. If the Supreme Court eventually rules the Speaker had in fact failed to follow Parliament’s own procedures (and hence breached Constitutional practices), the Speaker would need to apologise to the Courts and the House that elected him, and perhaps offer to fall on his sword.
Finally, for the “National Advisory Council”, a wholly unelected body, to demand a say for itself over spending Rs. 100 billion in State and Union Government budget-making, would be another constitutional misdemeanour — unless its members are merely on the personal staff of the Hon’ble Member representing Rae Bareili, who may of course introduce whatever legislation on money-bills that any other Lok Sabha Member may do.