Showing posts with label Money bill. Show all posts
Showing posts with label Money bill. Show all posts

Tuesday, 17 October 2017

Bhakts makes leaders infallible

The dividing line between the use and abuse of power is very thin. It is not adulation, but criticism that keep people in power from crossing the line. Bhakti makes political leaders believe in their own infallibility, inflates their self-opinion and, inevitably, leads them to take missteps. History has shown that every authoritarian regime has ended up doing harm than good to their countries. 
  • In the history about the rise of authoritarian regimes in 20th-century, two questions confound us. First, how did entire nations and populations allow themselves to be so hypnotised by a person or a political party? Second, how did they permit leaders or regimes to take absolute control and then chip away their liberties and then they could hold sway with an iron grip for decades thereafter?
  • The process is even more inexplicable and intriguing in countries that were once democracies and democratic takeovers of power, which eventually degenerated into authoritarian reigns.
  • The demonetisation has been aggressively touted as a master stroke against everything from black money to terrorist funding to counterfeit money to corruption, while also being hailed as a major reform towards a cashless economy. 
  • Any criticism is almost considered blasphemous and anti-national. This sentiment was not only stoked by the government or party in power but also ordinary middle-class citizens have started behaving like accomplices of the regime by shouting down, mocking and denouncing any contrary views, branding these as unpatriotic. 
  • The shoddy and inept planning and execution of the demonetisation exercise is being defended as inevitable. We are being exhorted to treat it as our patriotic duty to suffer long queues, inconveniences, disruptions to our lives caused by this man-made crisis, without complaining or criticism.
  • We became so much mesmerised by the larger-than-life aura of a leader that we refuse to believe that he and his government can do any wrong? 
  • Popularity has never ever chastened any politician, except very rare exceptions — a Nehru, a Mandela. Most of those who have relied on personal appeal over everything else, have eventually led their nations to grief, when their self-belief descends into megalomania. Megalomania is always fed by popularity and fawning bhakts. The bhakts create an echo chamber, which resounds only with what the leader wants to hear and believe, totally shutting out different viewpoints and realities. 
  • Modi and his party won a majority single-party mandate for the first time in 30 years in 2014 and his personal popularity has remained high, despite many questions that still remain unanswered. The authoritarian and majoritarian streak cannot be denied. 
  • In the case of the surgical strikes, Modi and his party exploited nationalistic and strong-man sentiments to the hilt. In the case of demonetisation, we have seen him play the brave, lone-crusader card, the selfless, sacrificing leader rhetoric and the emotional appeal. In case of GST, introducing in Lok Sabha as 'money bill' undermining the rights of Rajya Sabha and avoiding constitution amendment speaks volumes about Modi's crookedness in defeating the spirit of constitution, laws and institutions. All these points to his tendency to personalise all his government's decisions to make his regime seem almost presidential in nature and help to build his image as a towering, decisive leader.
  • What kind of leader Modi is for time to tell. Many people have bought his spiel hook, line and sinker, while others are sceptical. Whether his regime turns into a democratically elected one with autocratic tendencies, especially if he gets a second term, depends on his bhakts. \
  • People are free to support and adore the Prime Minister but they must realise that love for one's country is completely different from love for a particular leader, party or a government. 
  • These bhakts have no right to attack, browbeat and brand as unpatriotic those questioning the policies of their beloved leader. If India turns less-than-democratic once again, the bhakts are to be blamed squarely. Every leader derives his delusions from the reflections seen in the distorted mirrors put up by his fanatic supporters.

The theory that leaders are infallible is trash. That is why in our parliamentary democracy, constitution provides checks and balances in the form of independent judiciary, parliament to account for government's actions and independent institutions. How ever a simple parliamentary majority makes all these checks & balances vulnerable and two-thirds majority makes constitution ineffective. Financial interests exposed weakness of media houses and they tow line with authoritarian rulers. For democracy to survive and deliver what is expected these things must be incorporated in constitution or statutes: (1) Truly federal structure with near total autonomy for states and local bodies. (2) Prime Minister's and Minister's executive powers must be severely restricted except during war like situations. (3) All discretionary powers must be replaced with robust processes. (4) No expenditure should be allowed without prior legislative approval. (5) All projects must undergo tendering process and all allotments either by merit or auction. (6) All appointments must be through open & transparent process providing chance to all eligible candidates. (7) Lok Pal and investigative agencies must be granted total autonomy with their scope covering every one and excludes no one. (8) Finally thrift should be the guiding policy in government spending with no extravaganza of any kind.

Friday, 21 July 2017

Is privacy a fundamental right?

The government is pushing for Aadhaar but critics say it violates privacy, is vulnerable to data breaches and helps government spy on people. The Centre has maintained that right to privacy is not a fundamental right and citizens are not guaranteed the right to privacy under the Indian Constitution. The petitioner’s counsel in the Aadhaar case, has compared the situation to one under a totalitarian state where people were being forcefully tagged and tracked by the Centre. The Supreme Court’s nine-judge constitution bench would revisit its rulings that said the right to privacy was not a fundamental right and then hear petitions against the 12-digit biometric identity number.
  • An eight-judge bench in 1954 and also by a six-judge bench in 1962 ruled that privacy is not a fundamental right in the constitutional provisions. Textually it is correct today that there is no right to privacy in the Constitution. Even freedom of press is not expressly stated but courts has interpreted it.
  • Whether there is any “right to privacy” guaranteed under our Constitution or not and if such a right exists, what is the source and what are the contours of such a right as there is no express provision in the constitution.
  • Supreme Court in case after case realised that the rights to liberty and freedom of expression cannot survive if the right to privacy is compromised. Privacy is crucial in digital age. A democracy cannot exist without the Right to Privacy.
  • Without right to privacy, the fundamental rights guaranteed under the Constitution of India and more particularly the right to liberty under Article 21 would be denuded of vigour and vitality.
  • Privacy can reside in several articles. Lack of privacy can have a chilling effect, triggering freedom of speech protections under Article 19(2). The question of protecting privacy could not depend on first determining the location of the right to privacy. History teaches us that without privacy, the consequences are unimaginable.
  • The relationship of the right to privacy with Aadhaar enrolment is what complicates everything. The government is pushing for Aadhaar, saying it is necessary to plug leakages in subsidy schemes and to ensure benefits reach those targeted but critics say the move violates privacy, is vulnerable to data breaches and helps government spy on people.
  • If the object of Aadhaar is smoothly functioning government benefit schemes, why give law enforcement agencies or indeed anyone else access to the database at all?
  • The Aadhaar Bill has been passed with no public consultation about the privacy safeguards necessary for such a database and no provision for public or independent oversight. The rights to liberty and freedom of expression cannot survive if the right to privacy is compromised.
  • Allowing Aadhaar to go ahead unchecked in the manner, seeking linking aadhaar to almost every transaction and aspect in life, is effectively reducing the citizen into a 12-digit number and transforming the country into a concentration camp for the citizens.
  • Aadhaar has had an invasive and controversial presence well before the government’s attempt to legitimise it. Our Attorney General (funded by our taxes) has argued that we have no right to privacy. Attorney General KK Venugopal argument that the framers of India’s Constitution “consciously omitted” privacy as a fundamental right is his imagination in wrong direction. Any version of the Aadhaar Bill would have been subjected to close scrutiny. The Bill was deliberately mislabelled as a money bill to avoid scrutiny by Rajya Sabha creating even more suspicion.
  • Privacy is an amorphous term which is not absolute and cannot prevent the State from making laws imposing reasonable restrictions on citizens. Attempting to define the right to privacy may cause more harm than good.
  • In order to recognise privacy as a right, it would have to be defined first. But this would be a near impossible task as an element of privacy pervaded all fundamental rights enshrined in the Constitution.
  • Right to privacy is a pre-existing natural right which is inherent in the Constitution, even though it is not explicitly mentioned. The right to privacy is recognised as a fundamental right under Article 21 of the Constitution. The concept of privacy is embedded in liberty as well as a person's honour.
  • Even if the court now finally finds that Aadhaar violates the right to privacy, the damage is already done with the vast majority of the population already enrolled, their information already held in insecure databases, and linked to public and private services. We should all, of course, be praying that the court finds that there are 40 years of consistent judicial support for a fundamental right to privacy, and this cannot be taken away by the government so callously.
Privacy is essential to autonomy and the protection of human dignity. Privacy enables us to create boundaries and protect ourselves from unwarranted interference in our lives. Privacy protects us from arbitrary and unjustified use of power by states, companies and other actors. It lets us regulate what can be known about us and done to us, while protecting us from others who may wish to exert control. Privacy is a fundamental human right. Over 130 countries have constitutional statements regarding the protection of privacy. Despite international human rights law, it’s all too common that privacy is violated by states and companies. While we should continue to fight for our privacy under the law, the best thing we can do as users to who value our right to anonymity, is to use internet tools. 

My View:
This BJP/NDA government headed by Modi by aggressively promoting expensive cashless transactions with artificial cash shortage is just like sales chief of those companies rather than leader of the nation. He has no respect for rights of citizens. His aim is to increase revenues not by promoting economic activity but by tracking almost all transactions and arm twisting people and collecting more taxes for funding his trophy projects and worthless ideas while leaving poor & peasants in distress. Can you imagine leader of largest democracy in the world arguing in Supreme Court that citizens, who elected him, have no right to privacy except what ever is granted by his stupid brains? His thinking doesn't understand that privacy is fundamental right of humans and doesn't require any constitution or laws for recognizing this.

Tuesday, 27 June 2017

Why Modi opposed GST for 6 years as Gujarat CM?

Modi was opposed to the GST Bill for six years when he was the Chief Minister of Gujarat. Maharashtra, Tamil Nadu and Orissa also opposed certain provisions of the then GST Bill. Congress's version of GST was a radically different which included petroleum products & alcoholic beverages as well. The present GST excludes petroleum products & alcoholic beverages. In addition, road tax and passenger tax, toll tax, stamp duty, electricity duty, tax collected by panchayat / muncipality won’t get subsumed in GST. VAT or sales tax on petroleum products contributes to nearly 33% of state revenues, and Centre also earns huge amounts as excise duty on sale of petroleum products. States don’t want to lose the significant revenue currently earned from state excise duty which is as much as 25% of total revenue. GST could have become a reality "at least" four or five years back and India by now could well have been on the path to prosperity had it not been for one Narendra Modi and his party who conspired to scuttle UPA's honest efforts in marshalling the reform. Then BJP-led opposition said Congress’s GST Bill push would weaken states, even called it unconstitutional. After 2014, Chief Minister Modi became PM Modi and his thoughts on GST changed. Between 2011 and 2014, UPA tried to pass the GST Bill with the support of the principal Opposition party BJP but failed. 


My View:
The GST ensures middle & lower class consumers doles higher amounts as GST while rich people doles out lower amounts. While centre ensures its revenues would significantly go up it doesn't care what states lose except giving guarantees of reimbursement for a period of five years. Modi & Jaitley's past three year record shows reimbursement process is saddled with numerous queries and actual reimbursement will be in bits & pieces with delays of few years. GST council decides on future GST rates etc, it is clear that no single or group of states will be able to force any decision as they want while centre could easily do that. This undermines basic constitutional structure of constitution granting fiscal autonomy to states. Worst is that GST bill was introduced as 'Money Bill' in Lok Sabha and Rajya Sabha can only advise Lok Sabha, where as in reality it is a constitution amendment bill to be passed by both the houses. GST laying foundations for economic prosperity is imaginary, prosperity must be within the framework of democratic principles and not at the expense of independence. India is large democracy with complexities and diversities and there is no single pill like GST which can overnight transform it from poverty to riches. Once the euphoria subsides, GST will be like VAT, 10 years ago.