Monday, 28 May 2012

Myth of Gujarat Growth


The whole  popular media or better called corporate media put their energy persistently insisting that Gujarat model of development is ideal for the country backed by the fact that report by US congressional service has now put stamp on the success of the model. Gujarat CM Narender Modi took the opportunity to congratulate six crore gujaratis and narrated the success as their's,  showing in the process great humbleness on his part!!!!!...(In the same report by US congressional service West Bengal was called the most poorest of Indian states)....The media is generally  busy propagating the facts like Gujarat is growing at 11 percent and so on.Now I would put some facts in front of you to show how the same six crore gujaratis are suffering as the nature of so called growth suffers from exclusivity as opposed to inclusive growth which one  ideally seek. I am using West Bengal as comparative yard stick as with Kerala the state doesn't stand any chance. I am sticking on acceptable social Indicators for comparison most of which are used in MDGS. This is because the benefit of growth should ideally reach people at large for it to make any sense.

1. Percentage of malnourished Children in Gujarat is more than national average at 44.6 percent and much higher than so called poor state of West Bengal-38.7 percent.

2. Child sex ratio, which was recently in news, stood at 886 in Gujarat per thousand as compared to national average of 914. It is 950 in West Bengal.

3. Infant Mortality rate in Gujarat is 48 as compared to 33 in West Bengal.

4. Death rate, which shows health intervention, in Gujarat stood at 6.9 per thousand as compared to 5.2 in West Bengal.

5. Life Expectancy in Gujarat is 64.1 as compared to 64.9 in West Bengal.

6. Sex ratio in Gujarat at 918 is less than national average of 940 and much less than of West Bengal 947

7. Proportion of one year child immunization stood at 74.7 in West Bengal as compared to 65.7 in gujarat

8. Population control is a national policy. In the last decade the decadal growth rate in West Bengal is 13.93 as compared to much high rate of 19.17 in Gujarat. National average is 17.64.

9. Rural poverty is more in Gujarat than West Bengal as per Suresh Tendulakar Committee report.

I hope the CM of Gujarat would stop fooling the people of Gujarat in guise of pride of Gujaratis. Jago gujaratis jago..Narender Modi koh CM keh gaddi sen baar karo..

Thursday, 17 May 2012

Comparison of three version of Lokpal Bill on Key Provisions


Comparison of three version of Lokpal Bill on Key Provisions

Subject
Lokpal Bill, 2011 (now withdrawn)
Lokpal and Lokayukta Bill (as cleared by Lok Sabha)
Jan Lokpal Bill (of India against Corruption movement)
Jurisdiction
PM only after he/she demits office, Group A Officers of the Central Government and Office bearers of all non- profit organizations (registered/unregistered) receiving funds from central government or publicly funded.
Prime Minister with safeguards, MPs and ex-MPs, Private entities receiving funds from foreign contribution above Rs 10 lakh, Religious institution also covered.

Pubic Servants as defined under section 2(c) in the Prevention of Corruption Act, 1988. Provided no investigation can be taken against PM without obtaining permission from seven member bench of the Lokpal, Any judge of Supreme Court or High Court, MPs.
Setting up of Lokayuktas at the State Level
Not included.
The Bill envisages setting up of Lokayutkas, with similar powers and functions as the Lokpal, but only with consent of the states.
Bill drafted only for Union level but demands that on similar patterns Lokayukta institution should be created also at state level.
Selection Committee
Prime Minister
Speaker of the House of the People,
Leader of Opposition of both houses,
Union Cabinet Minister to be appointed by the PM,
Sitting judge of the Supreme Court, nominated by the Chief Justice of India (CJI),
Eminent jurist nominated by the Central Government being
person of eminence in public life.


Prime Minister, Speaker, Chief Justice of India or Judge nominated by him, Leader of Opposition in the Lok Sabha.
Prime Minister, Leader of Opposition in Lok Sabha, two judges of Supreme Court, two permanent Chief Justice of the High Courts, Chief Election Commissioner, Comptroller and Auditor General, All previous Chairpersons of the Lokpal.

Composition of the Lokpal
No provision for reservation
At least 50 % of the members of the Lokpal should be from SC, ST, OBC, Minorities and women
Lokpal shall consist of chairperson and 10 members. Four members at least should be from legal background. A person who has remitted govt. office in last two years is not eligible.


False and Frivolous Complaints
Punishment for such complaint was imprisonment for two years and a penalty up to Rs. Two lakhs.
Imprisonment reduced to one year. Penalty reduced to Rs One lakh.
For such complaints Lokpal can impose fine up to Rs One Lakh after giving any opportunity of being heard to the complainant.
Relationship between Lokpal, CVC and CBI
Not clear as regards Group A officers. But provision for separate investigation wing under Lokpal.
Group A & B employees-Preliminary inquiry by CVC, investigation by CBI
Group C & D employees -Inquiry and recommendation for disciplinary action by CVC. Lokpal only has supervisory powers over CVC and CBI.
The Lokpal will have separate investigation and prosecution wings created by merging of anti corruption part of CBI with Lokpal.

Wednesday, 16 May 2012

Report on physical assault on dalits for land grabbing in NCR



A bizarre event was witnessed in the heart of shining India in the National Capital Region, in which dalits were brutally assaulted for resisting the land grab. The land in question in Ramgarh village in Noida rightfully belongs to them but was sought to be taken away illegally by collusion between builder lobby, administration and local dominating social elite. The incident which on face may look like one off was thoroughly investigated by CPI (ML) fact finding team so as to expose the socio-economic forces at play in the high mark of capitalistic development in the vicinity of national capital. It reflects the tendency of not only utilization of prevailing social order for the purpose of grabbing valuable coveted resources at the cost of the downtrodden but also collaboration between feudal and capitalistic forces to achieve the same.  

In the gruesome incident several dalit families were attacked in broad day light by none other than the pradhan of Ramgarh village (part of Dadri constituency of Gautam Buddha Nagar District in Greater Noida) and his goons. It may seem to be yet another incident however as a result of our fact finding team and its conversations with the dalit community or the valmikis, a few important insights came to the fore. It is well known that the Jaypee and Ansals are names to reckon with in the field related to the construction of high rise apartments, malls etc. The land was supposedly grabbed for the purpose of handing them over to such real estate groups. This is nothing new as several incidents of this nature have occurred before also where coveted land belonging to dalits and marginalised section is taken away for real estate business. The fact of the matter is that the pradhan has secluded this whole dalit community by constructing a seven feet wall around their dwelling unit standing on the piece of land rightfully belonging to them. And shockingly it is the villager’ money (Rs 400/- per head) that the pradhan uses to pay as bribe to patwari to facilitate illegal construction of wall. By ghettoising them, the poor dalits are now forced to live in miserable conditions.

A member of the oppressed dalit community, Brahm Jatav, pointed out to the fact finding team that having all papers relating to the land (measuring around 4.75 bigha; market rate worth 3.5 – 4 crores rupees), he made an application to the SDM on January 2, 2012 to take proper action to handover the land to its right full owner by putting an end to illegal occupation of pradhan and dominating gujjar community. The villagers were soon threatened to withdraw their application as a result of which Brahm Yadav filed an FIR at Dadri Thana on February 1, 2012. In revengeful act he was shot at for notifying the problem to the authorities, but was saved by a fellow villager.  Secondly, during conversation with fact finding team the families of Jatav (dalit) communities reported that while they were being beaten up, their perpetrators repeatedly spoke about the former’s helplessness due to the Samajwadi Party (SP) toppling the BSP in these elections. At a superficial level, it might appear that the SP supporters attacked the Jatavs for not voting the SP candidate. However, a closer look would bring out that poor and vulnerable dalit communities are being persistently beleaguered by the dominant people on the subject of land all over Uttar Pradesh even during BSP rule. For instance, a similar trajectory of illegal acquisition of dalit land can be seen in Bironda, not very far from Ramgarh village.

The whole incident of the powerful in the village acquiring forcibly the dalit lands has seen the land being sold out to an outsider named Firay. And the dalit families have been ultimately at the receiving end of this all. In the gruesome attack, against the assertion of dalits for their rights, on March 14, 2012 in broad daylight, some 20-25 men and women headed by the village pradhan, Kuldeep Bhati, walked throughout the village and battered the vulnerable dalit villagers, belonging to the Jatav community, with pistols, iron pipes and rods, axes and lathis, accompanied by death threats and filthy verbal casteist abuses. Many of them who were injured had to be hospitalised. Satpal (in his early thirties), a construction worker, was attacked by goons with iron rods and axe. Satpal was kept in the ICU for few days, where he was diagnosed with a broken skull, fractured leg and blood deficiency. Even the old and women were not spared. Pirkashi, a 50-year-old woman has incurred stitches on her head and a plaster on her left hand along with a rod. Rohit (17 years), Parkashi’s son, was beaten up by pradhan Kuldeep Bhati’s goons while he was on the way back home. He would not be able to sit for his matriculation examination. His brother Niraj (24 years) was axed on the head. Fakira, an elderly person of 80 years, was also ruthlessly beaten up by iron rods. His neighbour, Mangtey, a landless labourer, was also callously thrashed, leaving him with a fractured hand, while he was on the way to his workplace. Stitches on his head were clearly visible. Several women including Sushila (40 –45 years), Jagmiri (around 45 years), Usha (35 – 36 years), Babita (38 years), Babli (18 years), Bobby (19 years) were also being beaten up by men from the dominant community, and subjected to verbal sexual abuse.

After the fact finding the CPI(ML) embark on mobilizing the public opinion against the atrocious act by organizing the protest demo and submitting the memorandum to the collector with the demand that all those accused in the incident of violence on Dalits on March 14 at Ramgarh village are arrested without delay, and booked under Section 307 and the SC/ST Act; police should take full responsibility for protection of the Dalit community against any act of intimidation; panchayat land must be restored to the Dalits by putting an end to the illegal occupation by the dominating community.  Earlier the leader of CPI (ML) also met SP (Crime) GB Nagar on March 19, 2012 to point out the apathetic and collusive role of police machinery in the whole incident. The cases were booked in such a way that the perpetrators of the crime easily got the bail without even being arrested and are roaming free even after committing such heinous crime. Tension continues to prevail, and the Dalits feel extremely vulnerable since these attackers are yet to face any stern action, and instead they are freely threatening and intimidating the Dalit victims to withdraw their complaints. The CPI (ML) leaders were assured that prompt action within 24 hours will be taken but till date no perpetrator has been jailed in the gruesome crime.

In order to take the struggle forward to ensure justice for the vulnerable dalit community at the receiving end of assault of feudal-capitalistic combine, CPI (ML) has declared to organize a massive protest meeting on April 25 at Ramgarh village. Through the meeting the party seeks to mobilize vulnerable section of the society and unite progressive forces to stand up for their rights, dignity and resist oppression with the objective that struggle for land and dignity can be strengthened.     

Note on Employment trends after liberalization


Indian constitution under Article 43 of chapter on directive principle of state policy directs the state to ensure living wage for workers. The constitution through Art 43A also wants state to ensure participation of workers in management of industries. Despite more than 60years of Indian independence both the directives have largely been ignored by successive governments in India. This has resulted in living wage still being distant dreams for tens of crores of workers in the country. Policies of Liberalization, Globalization and Privatization under diktat of International finance capital was justified by the ruling classes in India on the contention that it will lead to economic growth and will thus assist in job creation in the country. These neo liberal policies have largely succeeded only in generating jobless growth in the country. During the first decade of liberalization the unemployment rate in India has increased significantly since 1993-94 and was above 7.3 per cent in 1999-2000 compared to 6.0 per cent in 1993-94 on Current Daily Status basis. (Source: http://planningcommission.nic.in/aboutus/committee/tsk_sg10m.pdf).

 It is apprehended that now these rates have increased further. The total volume in terms of person unemployed has touched about 27 million in 1999-2000. Nearly 74 per cent of them are in the rural sector and 60 per cent among them educated. In some States and in certain sections of labour force, the unemployment rate has increased to more than 25 per cent. The rising unemployment is primarily an outcome of a declining job creating capacity of growth, observed since 1993-94. The employment growth fell to 1.07 per cent per annum (between 1993-94 and 1999-2000) from 2.7 per cent per annum in the past (between 1983 and 1993-94) in spite of acceleration in GDP growth from 5.2 per cent between 1983 and 1993-94 to 6.7 per cent between 1993-94 and 1999-2000. It means that the capacity of job creation per unit of output went down about three times compared to that in the 80s and early 90s. This is primarily because of-

(i) The policy of shedding excess labour that this sector is carrying in order to meet the growing market competition, often known as rightsizing;

(ii) The trend towards increasing capital intensity per unit of output; and

(iii) The pattern of growth moving in favour of capital intensive sectors.

The pattern has largely continued in second decade of liberalization. Since then, India seems to have managed to achieve and sustain high growth, except for the brief downturn during the global crisis. Yet the recently released results from the 2009-10 (66th Round) NSSO survey are disconcerting. Over the five-year period 2004-05 to 2009-10 employment declined at an annual rate of -0.34 per cent in rural areas, and rose at the rate of just 1.36 per cent in urban area. The agrarian distress resulting in suicides by lakhs of farmers in last two decades seems to be prima facie the primary reason for fall in employment in rural areas.  In the aggregate, the volume of principal and subsidiary status employment rose by a negligible 0.1 per cent. (Source http://www.thehindu.com/opinion/columns/Chandrasekhar/article2153082.ece?css=print).
According to NSSO data, there are nearly 30 million more young people putting themselves through more education in the hope of being able to access better jobs. The total numbers of such youth in secondary and tertiary education is at least 55 million. Soon, perhaps even within the next five years, these young people will enter the job market and expect to access employment that is at least minimally commensurate with the efforts they have put in to receive more education. But in the previous five-year period, all forms of employment (regular and casual, paid work as well as self-employment) only increased by around 28 million. If this sluggish pace of job creation continues, there will be even larger gaps between aspiration and reality in India's labour markets. That such a combination is a recipe for enhanced social tensions and political unrest is well known and has been reinforced by recent experience across the world. If only for that reason, surely the government should sit up to take notice of its own data? The dangerous trend on employment front is also collaborated by data on employment exchanges which are given as follows-

The salient features of the trends of data on employment exchanges are given as under:
As on 31st December 2009, 381.52 lakh persons were registered with employment
 exchanges as compared to 391.15 lakh as on 31st December 2008.
On an average, around 57 lakh job seekers get registered with the Employment
exchanges per year during the last ten years.
The total number of vacancies notified during each of the years between 2000 and
2009 varied between 2.2 and 5.7 lakh. The highest (5.7 lakh) was in 2008 and
lowest (i.e. 2.2 lakh) was in 2002.
Number of vacancies notified to the Employment Exchanges has come down to 4.2 lakh in 2009 from 5.7 lakh in 2008.
The placement, which was of the higher order of 3.05 lakh in the year 2008, has
dipped to 2.62 lakh in the year 2009.
Out of the total number of vacancies (4.2 lakh) notified during 2009, around 63%
(2.62 lakh) were filled through the Employment Exchanges.
Placement to submission ratio was only around 10.1% at the all- India level during 2009.

The profile of job seekers in terms of age group and education is given below-

Age-wise distribution of the job seekers on the Live Register (L.R.) for the years
2004-2008 the following: -
Approximately 69 % of the jobseekers were up to the age of 29 years.
  The absolute number of job seekers in the age group of 20 to 39 years, which
was approximately 72.6 % of total number of job seekers in the year 2004, has
only marginally gone down to 72.2% in 2008.
The number of job seekers in the age group of 30 years & above has
marginally increased during the period 2008 as compared to 2007. The
percentage of job-seekers in the age group of 30 and above to the total
number of job-seekers which was of the order of 30.1% in 2007 has also gone
up to 31.1% in 2008.


The major share of job-seekers awaiting jobs in the Employment Exchanges was
that of educated persons. Year-wise details of the educated job-seekers are given in
Table-5.
Around 43 lakh educated jobseekers got registered themselves with the
employment exchanges during the year 2008.
The percentage of educated job-seekers to the total job-seekers has increased
from 71.0 % at the end of 1999 to 74.8% at the end of 2008. This is an indicative
of the fact that over the years educational profile of jobseekers is continuously
improving.
While educated Live Register is around 74.8 % of the total live register, educated
placement is around only 68.3 % of total placements.
The maximum number of job-seekers (131.6 lakh i.e. 45 %) was educated up to
Xth.
Higher Secondary and Under Graduate or XIIth pass accounted for 83.04 lakh
(28.4.%) and Graduate and above were 77.9 lakh (26.6 %).
Among the Graduates and above educated, maximum number of jobseekers
(31.6 lakh, 40.5% of total Graduates) was from Arts discipline. Science and
science related subjects’ job-seekers number was comparatively less.




The observation of Lourdes Beneria in 2001 paper which states that the processes of informalization of jobs observed during the past decades have affected both high and low-income countries. Starting at the micro level of the firm, it analyzes the factors in economic restructuring and globalization that tend to generate the growth of informal activities - resulting in a vicious circle of poverty and economic insecurity for an important proportion of the population (source http://www.ilo.int/public/english/protection/ses/download/docs/gender.pdf) has largely come true in Indian scenario. Globalization of economies promoted through American model of neo-liberal economic policies has largely resulted in casualization of jobs at worldwide level as brought out in following table-




Trends
in





Regions
informal sector in percentage in non-agriculture segment)







                  1980-89
1990-99






North
Africa

    38.8
43.4








Sub-Saharan
Africa
68.1
74.8






Latin
America
52.3
56.9






Asia
 
53
           63






Source:
Charmes,
2000
(estimates
based on national sources)















This trend has also been witnessed in India during the last two decades as organized sector continues to generate less than 10 percent of employment in the country. Due to roll back of government from providing social services like education, health, housing under diktat of neoliberal policies number of government jobs are regularly shrinking. Private sector despite all the incentives has not been able to generate commensurate jobs to compensate for loss of jobs in public sector. Due to this the share of labour in the gross value added has been declining consistently from 20.5 per cent in 1991-92 to 9 per cent in 2007-08. However, it is important to note, he said, that during the same time the profit rate of the manufacturing companies has increased from 14.6 per cent in 1991 to 53.8 per cent in 2007-08. This shows that that there has been reckless violation of labour laws for maximizing profit. Indian Labour Conference regularly emphasis on strengthening the enforcement of labour laws especially related to contract labour has largely fallen in deaf years as government allowed violation of labour laws across the country due to pressure from private sector for ex the recommendation of second National Labour Conference that contract worker who have complemented two years should be deemed permanent need to be implemented forthwith by the government.  Recommendation of Conference Committee on “Global Financial Downturn Its Impact Job Losses Comprehensive Package for Protection of Labour Force etc” like strict implementation of labour laws on lay-offs, retrenchment, job losses, closures, the broad based social security including unemployment insurance should be devised, the scope of Public Distribution System be extended to all unorganized workers in terms of commodities and coverage etc (source : http://labour.nic.in/lc/43ilc/RecordNoteofDiscussionAmendedbyMOLE.pdf) need to be raised by working class movement to ensure some relief to toiling masses.

The above note stressed that unemployment situation has reached an alarming height affecting the social fabric in a big way making a fertile ground for all kinds of extremism, fundamentalism and divisive forces to make their way. In such a situation, ignoring the task of fighting against unemployment generating policy regime will be perilous for the democratic system as a whole. The working class movement has to take on the responsibility to mobilize all concerned to carry forward the struggle for 'Right to Work' for all through phased programme of countrywide action towards reversal of the employment regressive policy regime.

Monday, 14 May 2012

Relationship between FR and DP-A critical appraisal


(The article traces the history of judicially evolved proposition that fundamental rights and directive principles should be   harmoniously interpretated)  

Indian constitution has its roots and essence in the freedom struggle which was launched and successfully carried forward to achieve its goal of overthrowing the British Empire. Indian freedom struggle was always characterized and visualized, especially after the advent of Gandhi in 1915, to be a mass based movement rather than an armed uprising lead by few dedicated cadres. To achieve the ultimate objective of gaining independence, leaders of the freedom movement tried to awaken the masses from their passiveness and indifference through politicizing them by conveying the reasons for their miserable conditions due to the exploitative character of the British rule, albeit in their own style.

This essentially involved building confidence in people that the political and civil liberties would be better in independent India in comparison to its restrictive nature in the present regime. Similarly, it was perceived that the socio-economic conditions of the people will improve for the better in a free democratic India. The masses of India responded to call of the leaders by enthusiastically participating in national movement and making numerous sacrifices for attaining independence. Essentially, these promises were incorporated in the Constitution of India in the form of fundamental rights (political liberties) and directive policies (socio-economic liberties). Fundamental rights (FRs) by their very definition are those civil and political rights which have been made legally enforceable by constitution itself through writ petition. State can't violate them through laws or executive decree. The Directive principles (DPs) on the other hand have been understood as those guidelines enshrined in the constitution of India which are fundamental in the governance of the country.

Initial tilt in favour of FRs

Thus, the very essence of emergence of fundamental rights and directive principles on stage has brought to the fore the need to balance them in harmonious way. There has been checkered history of constitutional amendments and interpretation by the Supreme Court through various pronouncements of it to achieve the much needed balance between FRs and DPs. In the formative years of the working of our Constitution as interpreted by the Supreme Court, Directive Principles were looked upon as merely directions to the State and it was held consistently that the Directive Principles did not confer any enforceable rights and their alleged breach does not invalidate a law nor does it entitle a citizen to complain of its violation by the State, as is the case with fundamental rights.

Interpretation of Part III (FRs) and Part IV (DPs) of the Constitution by the Supreme Court in number of cases has now crystallized the differences that exist between the Directive Principles of State Policy and the Fundamental Rights. The differences between the two are as follows:

(i) The Directive principles are not enforceable in the Courts and they do not create any justifiable rights in favour of individuals.

(ii) The Directives require to be implemented by Legislation, but, at the same time no existing Law or Legal Right can be violated under the colour of following a Directive.

(iii) The Courts can declare any law as void on the ground that it contravenes any of the Fundamental Rights.

(iv)The Courts are not competent to compel the Government to carry out any Directive or to make any law for that purpose.

(v) The Directives per se do not confer upon or take away any Legislative Power from the appropriate Legislature.

(vi) Although it is the duty of the State to implement the Directives, yet the State can do so subject to the limitation imposed by the Constitution itself i.e., Article 13 (2) prohibits the State from making any law which takes away or abridges the Fundamental Rights conferred by Part III and the Directive Principles therefore cannot override this categorical limitation.

Plain reading of the above elaborated differences urges one to draw an open inference that the Directive Principles are rather inferior to the Fundamental Rights. The tilt seems to be lopsided in favour of the FRs. This is so even when the profess purpose of DPs in Indian Constitution is establishment of a “Welfare State” as envisaged in the preamble to the Constitution. Welfare state essentially involves that state carries out redistributive justice to achieve the same. Attempt to carry out such justice in agrarian sector through land reforms was stuck early due to the fact that Right to Property was incorporated in the original constitution as a fundamental right. The courts use to regularly strike down land reform legislations enacted by various state governments as happened in Kameshwar vs. State of Bihar (1951) in which Patna High Court held Bihar Land Reforms Act as unconstitutional on the ground that it was in violation of fundamental right of property.

Emergence of protective shield of Ninth schedule
  
Such difficulties were sought to be overcome by inserting Article 31B to be read with ninth schedule in constitution by First Constitutional (Amendment) Act 1951, which states that without prejudice to the generality of the provisions contained in Article 31-A, none of the Acts and Regulations specified in the Ninth Schedule nor any of the provisions thereof shall be deemed to be void, or ever to have become void, on the ground that such Act, Regulation or provisions is inconsistent with, or takes away or abridges any of the rights conferred by, any provisions of this part, and notwithstanding any judgment, decree or order of any court or tribunal to the contrary, each of the said Acts and Regulations shall, subject to the power of any competent legislature to repeal or amend it, continue in force.

In other words, Article 31-B of the Constitution ensured that any law in the Ninth Schedule could not be challenged in courts and the government can rationalize its programme of redistributive justice by reforming land and agrarian laws. In other words laws under Ninth Schedule are beyond the purview of judicial review even though they violate fundamental rights enshrined under part III of the Constitution. In Shankari Prasad Singh Deo Vs. State of Bihar (1952), Kochunni Vs. State of Madras (1960) and Sajjan Singh Vs. State of Rajasthan (1965) the Supreme Court upheld the First Amendment to the constitution. Legislature utilized these provisions to get land reform legislature enacted and placing them under ninth schedule to defend them from judicial scrutiny.

Battle for Constitutional or Parliamentary supremacy 

Curtains on this bonhomie between legislature and Judiciary fall when in case of Golaknath vs. State of Punjab (1967) the Apex Court took stricter view and held that if an amendment abridged or took away a fundamental rights guaranteed by Part III of the Constitution, the amending act itself was void and ultra virus which effectively meant that Parliament has no power to amend or take away the fundamental rights enshrined under Part III of the Constitution. Parliament responded against Golak Nath case by enacting 24th amendment (1971) which added Art.13 (4), the effect of which was to take out of the purview of judicial scrutiny any amendment of the Constitution under Art.368 even if it is violative of FRs contained in part III. It also amended Art.368 (1) by adding the word “in exercise of its constituent powers”. The 24th amendment (1971) thus made an attempt to supersede Golaknath case putting the validity of constitutional amendment on the ground that it takes away or affects fundamental right beyond the pail of judicial scrutiny. Parliament thus sought to provide primacy to DPs through this constitutional amendment act. Art.31-C was also inserted by 25th amendment (1971) which provided that any law, which seeks to implement the directive in Art. 39 (b) or 39 (c) with a view to plan the socialistic distribution of wealth and the means of production was not to be void for any inconsistency with Art.14 or 19.   

These Acts were challenged in Kesavananda Bharti case (1973) before 13 judge's bench. The majority by 7:6 overruled the 24th amendment act. Validity of Art 13(4) was however upheld. In result, the fundamental rights could now be amended under Art.368 and the validity cannot be questioned on the ground that the act invades or encroaches fundamental rights. The Supreme Court, however, by  judicial innovation structured a 'Basic Structure Doctrine' and gave to itself power to review whether such an amendment would be ultra vires as it violates very basic structure of the Constitution. Supreme Court further elaborated that that judicial review is one of the essential feature of the Indian constitution, which cannot be taken away by amendment under Art.368 and further held that the immunity from judicial scrutiny of any declaration contained in any particular law that it is enacted to implement the directive in Art. 39(b) - (c) is unconstitutional. The 42nd amendment enacted by parliament during emergency tried to overreach the implication of Kesavananda Bharti case and in order to upheld the sovereignty of Parliament (as constituent body) in Clause (5) of Art.368 declared that “there shall be no limitation” on the constituent power of the Parliament to amend and such amendment, shall not be called in any Court on any ground (368(4)). It also enlarged the scope of Article 31(C) by including within its ambit any law which has been purportedly enacted to implement any of the directive principles elaborated in part IV and not merely in Article 39(b)-(c).  In Minerva Mills (1980) the Supreme Court by then armed with basic structure doctrine declared Clause (4) and (5) of Art.368 to be invalid on the ground that these clauses removed all limitations upon the power of the Parliament to amend the Constitution and to destroy the right of judicial review, which is “essential feature” or “basic structure” of the Constitution. It also nullified the extension of Article 39(c).

Harmonious construction of FRs and DPs

The attempts by parliament throughout this checkered period to assert its supremacy  in deciding the right balance between FRs and DPs was beautifully encountered by Supreme Court through the basic structure doctrine, which sought to reestablish constitutional supremacy to strike the harmonious balance between FRs and DPs. Court through this doctrine basically stated the proposition that amending power of parliament can't go the extent of effectively writing a new constitution.

Apex court also emphasized on the harmonious interpretation and construction of provisions of both FRs and DPs through its insightful observation as contained in Kesavananda Bharti case (1973). The court observed that, “If any distinction between the Fundamental Rights and the Directive Principles on the basis of a difference between ends or means were really to be attempted, it would be more proper, in my opinion to view Fundamental Rights as the ends of the endeavours of the Indian people for which the Directive Principles provided the guidelines”. Argument was further elaborated in Minerva Mill case when the apex court stated that, “The Indian Constitution is founded on the bed-rock of the balance between Parts III & IV. To give absolute primacy to one over the other is to disturb the harmony of the Constitution. This harmony and balance between Fundamental Rights and Directive Principles is an essential feature of the basic structure of the Constitution. The goals set out in Part IV have to be achieved without the abrogation of the means provided for by Part III. It is in this sense that Parts III & IV together constitute the core of our Constitution and combine to form its conscience. Anything that destroys the balance between the two parts will ipso facto destroy an essential element of the basis structure of our Constitution". 

Concluding remarks

The present condition of state of balance between FRs and DPs can thus be summarized by stating that any law declared to be enacted for implementing Art. 39(b)-(c) is valid even if it is violative of Article 14 or 19. Historic judgment in IR Colheo case Vs State of Tamil Nadu and others (2007) which opened up all the acts put under schedule IX after 1973 for judicial scrutiny has also ramification on balance between FRs and DPs in the sense that the protective umbrella of schedule IX has withered away. But still in judging constitutionality of any act at present the courts had to keep in mind the evolved proposition that though Directive Principles cannot override Fundamental Rights in general, but in so far as determining the scope and ambit of Fundamental Rights, the Courts cannot entirely ignore the Directive Principles, but will have to apply the doctrine of harmonious construction so as to give effect to both Fundamental Rights and Directive Principles.      

By Saurabh Naruka                                                                                                                                          

Estimating Poverty in India



Democratic government is supposed to assure a dignified standard of living to all its citizens. In economics, Poverty line in intended to measure precisely this minimum standard of living which is acceptable to societal conscience. It is basically expression for estimation of minimum amenities of life which should be available to every citizen. Recently in India there has been lot of controversy in estimating levels of poverty prevalent in the country. Estimates have varied from as low as 28percent (Planning Commission) to as high as 77percent (Arjun Sen Gupta Committee). Such difference essentially results due to varied methodology followed in estimating poverty. Reasonable accurate estimation of poverty is essential as it is an important data needed for effective policy making. The level of poverty would determine the type and quantum of intervention required by government through various measures for reduction of poverty

Calorie basis for estimating poverty

 Traditionally in India, poverty is measured in terms of minimum calorie intake required by an adult person for healthy living. This has been position from 1960’s onwards when Lakhandwala formulae was adopted by Planning Commission. The minimum calorie intake is 2400 calories in rural areas and 2100 calories in urban areas. This calorie level is translated into monetary terms for estimating poverty in various states as per the prevailing price levels in them. Thus absolute amount in rupee terms is determined which is needed to buy quantity of cereals sufficient to provide required calorie intake.

Critique of calorie basis

This formula has been criticized by many eminent economists due to two reasons. It ignores other essential amenities like health, education, and housing in estimating poverty. These are vital in themselves to ensure minimum standard of life as per the emerging values and ethos of the society. Some like health, sanitation is also needed to generate capacity of food absorption in body. Thus they can’t be ignored while estimating poverty. Secondly, it is alleged that the transition of calorie intake to monetary terms lacks effective methodology. The amount in rupee terms thus determined is not sufficient to buy calorie levels especially considering the double digit growth in food price index in last few years. This coupled with ‘target’ public distribution system in vogue keeps many million persons out of poverty estimates. All India average of Rs 526 per person per month (or Rs13 per person per day) is too low for purchasing cereals required for sufficient calorie intake.

N.C Saxena and Tendulkar Committee
       
Prime Minister and Ministry of Rural Development has recently constituted N.C Saxena and Tendulkar Committee to overcome and suggest measures for this problem in poverty estimation. They have come up with data of 50 percent and 37 percent poverty level respectively. UNDP measures poverty at the level of $1/per person per day which has been revised recently to $1.25/per person per day.It also measures person living below $2/per person per day in member countries.This is considered a level assure minimum food intake and other necessities like housing, health and education. Comparative chart of these estimates has been reproduced below.

 
                                                                                                                               
                                                                                                                                          (figures in %)

1990
1999
2005
Below $1 a day



India
33.3
27
24.3
World
29.9
22.8
16.1
Below $1.25 a day



India
51.3
44.8
41.6
World
41.7
33.7
25.7
Below $2 a day



India
82.6
78.4
75.6
World
63.1
57
47.6

(Source: World Bank)

India’s proportion in world poverty

 Thus table brings out the point that India has generally assumed from 1990 onwards, has not been able to translate its economic growth into effective reduction of poverty levels on comparative basis. Number of person’s living below line in India as a percentage of world’s poor has in fact increased from 1990 level. This increase has been even drastic if we consider the income level of $2/per person per day.

Need to link Poverty and Malnutrition data

Poverty estimates for more reliability and consistency also needs to be linked with malnutrition data and hunger index. India’s position has fallen to level of 66 among 88 countries in hunger index. Amartya Sen has also estimated that in many Indian States persistent malnutrition prevails at the level higher than even sub-sahara countries. Multi-dimensional Index recently brought by research foundation based in U.K. whose methodology is more in line with current thinking on poverty estimation has confirmed above finding’s of levels of poverty prevalent in the country. Comparative table of various estimates has been reproduced below for easy reference-



Planning Commission
28.3%
Suresh Tendulkar Committee
37.2%

N.C. Saxena Committee
50%                                                                                                   
Arjun Sen Gupta committee
77%
World Bank
41.6%


Requirement for effective estimates

                                                                                                                               Reasonable accurate poverty estimation is essential for effective policy in field of poverty elimination. It is also essential for delivery of govt. assistance to those who are not able to benefit from the liberalized economic system. Poverty estimate’s is also linked with issues of food security. Thus it will in a way determine the food requirement’s for the country as a whole. Thus quantum of agriculture subsidies and investment’s required especially through public sector can be ascertained. Similarly, India stood at lowly position of 171 among 175 countries in terms of public sector investment in health as a percentage of G.D.P in recent U.N.D.P report.  India’s investment in health sector as a percentage of G.D.P is abysmally low at 0.9%.  Similar augmentation of investment is required in field of education and low cost housing for effective policy intervention for removal of poverty. This can only be possible based on adequate estimate’s regarding prevalent poverty level. India needs to leverage its higher economic growth rates for social sector expenditure to reach the goal of inclusive growth.

Augmenting Statistical Capacities

For effective data collection on poverty steps needs to be taken at two levels. First: At macro- level for overall determination of poverty level prevailing throughout the country. Second: Inclusion of only deserving person in BPL list.  Thus errors of both wrong inclusion and exclusion need to be curbed. Capacity building through effective training mechanism is required for bureaucracy at cutting edge level who is the first one to collect data at the grass root level. Panchayat’s and Municipalities need to be effectively involved in the process of data collection for strengthening local democracy as well as to curb tendency of wrong exclusion which is in a way is more painful as it excludes necessary assistance from public sector to needy person. Gram Sabha need to be strengthened as a institution to make sure that the social elites in rural area’s don’t hijack the public sector benefit’s made for the purpose of poverty-elimination.

Ensuring Consistency of data


At macro level poverty estimates from different sources need to be collaborated and reconciled by Planning Commission for the purpose of consistency of data through different avenues. Poverty estimates need to be linked with sample data for employment generation in unorganized sector, national income statistics, NSSO data for internal consistency. Govt. machinery needs to be strengthened for purposes of effective data collection and reconciliation. Planning Commission can play a pioneering role in same by becoming an effective linkage mechanism among different central govt. ministries, state govt. machinery, statistical institutions, and international bodies like U.N.D.P World Bank etc involved in data collection which would assist in estimating reasonably accurate poverty level’s prevailing in the country.

Concluding Remark

Thus to reach the goal of inclusive growth, India needs to develop its statistical capacities for effective data estimation on poverty levels for augmenting its capacity to develop effective policy mechanism and delivery mechanism for poverty elimination to ensure its rightful place among developed countries by 2020 as envisaged by Ex-President Mr. Abdul kalam in India Vision-2020.