12 DEMOCRACY AT WORK

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MUMBAI | 2 JUNE 2013

CHATTERBOX

Comptroller and Auditor General Shashi Kant Sharma

Antony lobbied for Sharma How did former defence secretary Shashi Kant Sharma get the Comptroller and Auditor Gene-

rals (CAG) job? What could have swung it for him was strong lobbying by his erstwhile boss in enlightened self interest. While making pitch for his boy, Defence Minister A K Antony is reported to have said: I am 75 years old and dont want the CBI on my back at this age. The defence secretary has been in charge of negotiations for procurement for virtually every big defence deal. As CAG, he will investigate the deals he put together. So I know that he will not implicate himself and not implicate me. He is an honest man, please choose him. Finance Minister P Chidambaram, who had suggested Vinod Rai as CAG the last time around, was absolutely quiet during the meeting.

The unwanted requests The members of Delhi and District Cricket Association (DDCA) are facing a lot of pressure from senior politicians and bureaucrats who want their sons to play for school and Under-16 tournaments organised by DDCA. Sometimes, members of DDCA are even threatened by senior politicians if the request to find space for their sons is not accepted. We get requests from chief ministers, senior politicians, bureaucrats and senior police officials. It becomes difficult to say no to them because of the pressure. Most times, the person who is recommended by these powerful people doesnt deserve to be in the team and they dont even perform, said a senior DDCA member.

DID THEY REALLY SAY THAT?

CHECKLIST
BETTING AND CRICKET: PAST CONTROVERSIES
| April 2000: South Africas One Day Internationals (ODIs) against India in March were allegedly fixed by captain Hansie Cronje for money. Transcripts of an alleged conversation between Cronje and Sanjay Chawla, an Indian businessman (who was considered to be a bookie) were released. After initial denials, Cronje finally confessed to Cricket South Africas (CSAs) Managing Director, Ali Bacher, that he had been dishonest over his activities in India. Cronje said he received $10,000-15,000 for providing information and forecast but not match-fixing during the one-day series in India. The CSA sacked Cronje. He was later banned from international cricket for life | June 2002: Pakistans Bhandari Commission investigated the Pakistan-Bangladesh match in the 1999 World Cup and came out with a report with little credible evidence | August 2004: The Kenyan Cricket Association levied a five-year ban on former captain Maurice Omondi Odumbe after he was found guilty of receiving money from bookmakers on several occasions

I have been apolitical all my life. I am not cut out for politics. It's not my cup of tea
Former Comptroller and Auditor General, VINOD RAI, in a television interview on May 31 in New Delhi

| May 2008: Marlon Samuels was banned for two years for allegedly passing on match-related information to an Indian bookie during West Indies ODI series in India in 2007 | August 2010: A sting operation by newspaper News of the World had bookie Mazhar Majid reveal that he bribed Pakistan bowlers to bowl no-balls on demand during the fourth Test match against England at the Lords

OPINION
MANMOHAN SINGH

In politics, there are no permanent allies and enemies

My question is pertaining to your Japan tour. You just described it successful, but specifically in terms of forward movement made on civil nuclear deal, is there any possibility of getting it signed with Japan before 2014 Lok Sabha polls?

capacity but also to ensure quality.

India managed to get along by managing judges and the judiciary...

Apart from talking?

The thought of managing the judiciary is abhorrent to me. Our hope is that the judiciary manages the judicial system. It must be realised that without collaboration with the government, this cannot happen.
There is a sense that the judiciary is suborning the functions of the other arms of the government and it is going into domains not its own, to ensure justice is done

There have been discussions with Japan and this visit marked a formal move in that direction. I am hopeful that before long we will be able to put our signatures on a civil nuclear energy agreement with Japan as well.
How do you describe the progress made so far in respect of the Look East Policy, especially in the backdrop of your bi-nation visit? What is the progress made so far and are there any emerging new issues to be focused under the policy?

The Look East Policy of the government is not a new development. When Narasimha Rao was our Prime Minister, I was the Finance Minister. We charted out the course of action to get closer to Southeast Asian countries particularly ASEAN. Since then this process has been moving forward. ASEAN countries are our strategic partners and there are enormous opportunities of expanding trade ties, expanding investment relations, expanding maritime cooperation, expanding the scope of trade and investment. And now we have reached a stage where large-scale flow of trade and investment is becoming a reality. We have, for example, the Dedicated Freight Corridor where Japan is helping us; we also have the Mumbai-Delhi Industrial Corridor where Japanese help will be available; in the Mumbai-Bangalore corridor also there is a great interest of east Asian countries like Japan, Thailand and Malaysia. So, I am hopeful that this Look East Policy of India is paying rich dividends and the results are going to improve as we move forward.
There is a new government, a new dispensation in Pakistan and there has been quite a bit of cordiality from the side of Mr. Sharif as far as you visiting Pakistan. Could you give us any guidance on whether you plan to visit there before the end of this year? Also, what sort of outcomes you are expecting before it can be, as you said in your own words, business-as-usual with Pakistan again?

The overreach of the judiciary can be attributed to one, the inability of the executive to deliver; and two, the tendency to issue judicial pronouncements for national good. The second element is dangerous because thats the function of the government. And then theres the media which has in recent years played a less than a constructive role since it seeks to pronounce judgments much before adjudication and on the basis of incomplete facts. That vitiates the atmosphere.

The idea of audio recordings in all high courts has already been mooted. I have set in motion the use of IT in dispute resolution. I have instructed the law ministry to work towards putting in place a system with NIC (National Informatics Centre). I have instructed the ministry to ensure that all documents with the registry of the central agency be microfilmed so that we dont have to deal with paper that often we cannot find. NIC will do this 2013 backwards. Summons are not delivered to the defendant and accused for years. Why not use IT to ensure summons delay does not take place? These are simple things that could have been done and must be done.
There is a lot of legislation relating to the judiciary that your predecessors kept sitting on, either because of incomprehension or just lack of interest

ILLUSTRATION: BINAY SINHA

The overreach of the judiciary can be attributed to the inability of the executive to deliver and the tendency to issue judicial pronouncements for national good, says law minister KAPIL SIBAL. In an interview with Aditi Phadnis, Sibal says the second element is dangerous because thats the function of the government and that he will attempt to lay the foundations of structural reforms in the judicial system. Edited excerpts:

I rang up Nawaz Sharif on the very first day when election results were coming out. I conveyed my congratulations to him and I reciprocated his sentiments that India-Pakistan relations should move forward. I also invited him to visit India, he also invited me to visit Pakistan. There is an invitation from the government of Pakistan for me to visit Pakistan. There is no firm decision on either side. No dates have been fixed. But we would certainly like to have good neighbourly relations with Pakistan. It has been consistently our policy that in India-Pakistan relations we should deal with all the outstanding issues. We are committed to resolve them in a peaceful manner. That is also the sentiment which was reciprocated by Shri Nawaz Sharif.
Sir, my question actually relates to the world of cricket. One of the biggest news developments that is happening in India today is about match-fixing, betting, hawala scandals and all the happening in the Indian Premier League where even senior ministers, politicians are also associated with the game. The BCCI Chief, Mr Srinivasan, has refused to step down from his position saying he has done no wrong. Do you think it is about time for the government to intervene?

Govt must have an equal say in judges appointment

The one thing that successive governments have failed to do is legal reform. It seems to be an insurmountably difficult task

I wouldnt like to comment on this issue. This matter is under investigation and it would not be proper for me to comment on the stage of investigation. I would only hope that politics and sports dont get mixed up.
Sir, in UPA-I, Left deserted you. In UPA-II, Mamata deserted you. For a possible UPA-III, are you planning to reach out to the Left again or are you expecting Mamata to join UPA-III?

The justice delivery system needs structural change. It needs fresh vision and innovative solutions. This cannot happen without the judiciary playing ball. Our hope that the judiciary itself will ensure transparency and accountability has not so far borne fruition. The system of appointment of judges, at present through the collegium system, has not worked to our

expectations. The appointment of judges to the higher judiciary cannot be the sole domain of a few members of the higher judiciary. This turf must be shared. The government must have an equal say in the appointment of judges. Consensus is the way forward and I will try and build that consensus in the coming months. Having said that, there is much that the executive needs to do. The executive, too, has not lived up to expectations. State governments need huge funding, not only to increase judge

The Bill to set up a judicial commission for appointments to the higher judiciary will come up in the next session of Parliament. I am hopeful it will be passed. The agenda of judicial reform What are you going to do about cannot be implemented during the corruption in the judiciary? tenure of this government. But I can assure the people of India that I will There is corruption in the judiciary. KAPIL SIBAL attempt to lay the foundations of This has been admitted by no less Union Law Minister structural reforms. than several previous chief justices of the Supreme Court. The worry is that this malaise, some say, is rampant in the lower That the quality of law officers of the echelons of the judiciary, where the common government is pretty poor is the man seeks justice. That is the responsibility of governments worst kept secret. There are high courts. High courts over the years have times when the government has to hire not been able to bring the element of trans- lawyers from outside to fight cases. What are parency and accountability in the justice deliv- you going to do about this? ery system to instill confidence in the public I cannot change the system overnight. I cannot change the people in the system overnight about the purity of our judicial system. either. But I give my commitment to the people Were not even going to the issue of pendency of India that no appointment by me shall be of cases and delays based on any extraneous considerations. We I think there is a realisation that technology can need leading professionals to defend the govprovide some solutions. I personally believe ernment. If you approach the best legal brains to technology can transform the functioning of be part of the government, they will not say no. the judicial system. Take the case of traffic offences. Why should offenders have to go to So whats stopping you from doing that? court to pay a fine? This can be done through Nothing will stop me from getting the best legal video connectivity. Proceedings of district courts brains. We must also ensure that those who should be audio recorded. Petty offences again hold substantial permanent positions in the can be dealt with the public not having to waste government like retired judges should not be time in courts. The use of geo-spatial technolo- doing private practice. We should also ensure gy and IT (information technology) can deal that those who are appointed by the governwith a large number of cases relating to real ment as law officers should not be doing private estate. Data relating to members of the judiciary practice, except in special cases where they seeking elevation to higher judiciary should be have notified the government. The public must available online, available to the public. have complete confidence in taxation matters. The reduction of human discretion by adopI want to do so many things. We desperately tion of technology can solve a large number of need commercial courts to resolve commercial problems of delay and issues of accountability. disputes expeditiously. We need to make changes in arbitration law and procedures. Youve now been a law minister for 20 days. In We need to get subject experts to deal with this period, what have you managed to arbitration. India can become the centre of achieve? commercial arbitration in this part of the Yesterday, I addressed a meeting of home sec- world. An alternative dispute resolution mechretaries, registrar generals, law secretaries and anism should be efficacious and expeditious. talked about various issues. I have talked to This (appointment as minister) is a huge senior law officers opportunity.

EAR TO THE GROUND Rural poverty, not Naxalism, is wasting lives in Chhattisgarh villages as the govt tries to fight it with sops

In politics, there are no permanent allies and no permanent enemies. These possibilities of some people coming in, some people going out, I think have to be accepted as they are.
Sir, in this entire growth versus inflation dynamics, do you think that Reserve Bank of India (RBI) has been behind the curve? The finance minister sometime back did say that he would like to walk alone if the RBI does not listen. What is your comment?

Packets of relief
SREELATHA MENON Terror may be striking Naxal-hit villages in Chhattisgarh every now and then. But even in non-Naxal villages in the state, to be poor is like being on a marooned island waiting for relief packets to be thrown from the sky. Both the state and Central government schemes are providing relief in the state. The relief mostly comes in packets which may or may not reach you or have contents you may not need. In any village here, one would find eight or nine bicycles, distributed recently by the government to construction workers. It would be in pieces if it runs into a pothole, says a villager in Kampa panchayat in Mahasamund district, as he shows the cycle given to the villagers registered as construction workers. The cycles are not exactly freebies. These have come from the construction workers welfare cess that has accumulated in the state. These are made locally and hence not fancied by the villagers who regard it as junk. Eight others in the village, who are above the age of 27, have got sewing machines. The government, in its previous term, had distributed tendu leaf bonus in the form of shoes to poor tribals, annoying the beneficiaries. Relief also comes through Central government schemes. But there is no effort to ensure that it benefits people. In Baldidih village in Pithora block of Mahasamund, a pond is being widened under the National Rural Employment Guarantee Act and almost the entire village is at work. There are young and old, even men and women in their 70s, who are busy digging. None of them has ever asked for work themselves. They come when asked to do so. And they are helpless as they have not been paid for the past several months. Though the scheme provides 100 days of work for every household, in Baldidih, it has been giving 100 days of work for every village. The other packet of relief that has been falling into the hands of the villagers is the health insurance card given under the Rashtriya Swasthya Bima Yojana. The card is a big source of hope and pride unlike other benefits. But here, the card can also misfire. It holds hope for Nindra, a middle-aged woman who has breast cancer. But for Bhagirathi, 35, the card he got in 2011 brought disaster. He took his mother, who was seriously ill, to a government hospital in Raipur in

Monetary policy of the country is decided by the RBI, and I respect the judgment of the RBI. But this is also an evolving process. As we get control over inflation, there is more space available to pursue pro-growth policies. And I do believe, in the coming months, you will see inflation coming under greater control, and the space for growth-promoting activities also increasing.
Sir, if DMK approaches you for support from your five-member MLA contingent for their lone Rajya Sabha seat, will the Congress respond and support them because they expect so?

I cant say on behalf of the Congress high command. These are matters which are discussed at the highest level in our party, and it would not be proper for me to pre-judge what stand the Congress party will take.
Sir, you have been known to be a very objective person. As you are completing your second term as Prime Minister you have a considerable list of achievements. Can you tell me three regrets which you have?

Bicycles were distributed in Chhattisgarh villages by the government. These are made locally and hence not fancied by the villagers who regard it as junk. PHOTO: REUTERS
February. But his mother was asked to leave saying the card did not have money. He returned home only to cremate his mother two days later. He says the hospital took the card inside but there is no way to know if they did swipe it and took the money. In fact, that is the doubt that has been gnawing at most villagers who use the card. There were three other people in the hospital who were returned after the hospital said the card had no money. Bhagirathi says the card had been revived with ~30 and there was no way it had no money in it. Bhagirathi did not complain as he did not know where to go. As for the state, it has not bothered to get a doctor in Pithora, which has a population of 200,000 people, forcing Bhagirathi to go all the way to Raipur, which is 60 km away. In the case of education, the effort is to open a school in every village resulting in a shortage of teachers. An ad hoc English teacher in a school in Rajasevaiya village in Mahasamund says, there were two high schools in the area and neither had enough teachers. Teachers do not fall from the sky. It requires thought to have fewer, but better schools, as the teacher says. And thought is something that is missing in the way the state approaches development here.

I cannot tell you how I feel about the way UPA-II has moved. I think there has been a great sense of continuity between UPA-I and UPA-II. But it is unfortunately a fact that the Opposition has become more impatient than ever before. They never expected that we would win the election for UPA-I. But they were doubly disappointed when we won the election for UPA-II. Therefore, the obstructionist role of the Opposition has increased enormously in recent years. And it is my great regret that some very essential business of the House has not been transacted because of these animosities between the Opposition and the government.
Excerpts from Prime Minister Manmohan Singhs interaction with the media on board his flight from Bangkok on May 31